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Victims Justice Act of 1995
Introduced Dec 22, 1995 · Last action Dec 22, 1995 — Read twice and referred to the Committee on Judiciary.
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Summary
This legislation is called the Victims Justice Act of 1995. It is being reviewed by a committee.
Full bill text
[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1503 Introduced in Senate (IS)]
1st Session
S. 1503
To control crime by mandatory victim restitution, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 22, 1995
Mr. Hatch (for himself, Mr. Biden, Mr. Dole, Mr. Nickles, Mr. McCain,
Mr. Grassley, Mr. Thurmond, Mr. Kyl, Mr. D'Amato, Mr. Abraham, and Mrs.
Feinstein) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To control crime by mandatory victim restitution, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Victims Justice Act of 1995''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--RESTITUTION
Sec. 101. Order of restitution.
Sec. 102. Conditions of probation.
Sec. 103. Mandatory restitution.
Sec. 104. Order of restitution to victims of other crimes.
Sec. 105. Procedure for issuance and enforcement of restitution order.
Sec. 106. Procedure.
Sec. 107. Instruction to Sentencing Commission.
Sec. 108. Justice Department regulations.
Sec. 109. Special assessments on convicted persons.
Sec. 110. Effective date.
TITLE II--MISCELLANEOUS PROVISIONS
Sec. 201. Crime victims fund.
Sec. 202. Victims of terrorism act.
Sec. 203. Severability.
Sec. 204. Study and report.
TITLE I--RESTITUTION
SEC. 101. ORDER OF RESTITUTION.
Section 3556 of title 18, United States Code, is amended--
(1) by striking ``may'' and inserting ``shall''; and
(2) by striking ``sections 3663 and 3664.'' and inserting
``3663A, and may order restitution in accordance with section
3663. The procedures under section 3664 shall apply to all
orders of restitution under this section.''.
SEC. 102. CONDITIONS OF PROBATION.
Section 3563 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in the first paragraph (4) (relating to
conditions of probation for a domestic crime of
violence), by striking the period and inserting a
semicolon;
(C) by redesignating the second paragraph (4)
(relating to conditions of probation concerning drug
use and testing) as paragraph (5);
(D) in paragraph (5), as redesignated, by striking
the period at the end and inserting a semicolon; and
(E) by inserting after paragraph (5), as
redesignated, the following new paragraphs:
``(6) that the defendant--
``(A) make restitution in accordance with sections
2248, 2259, 2264, 2327, 3663, 3663A, and 3664; and
``(B) pay the assessment imposed in accordance with
section 3013; and
``(7) that the defendant will notify the court of any
material change in the defendant's economic circumstances that
might affect the defendant's ability to pay restitution, fines,
or special assessments.''; and
(2) in subsection (b)--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) through (22) as
paragraphs (2) through (21), respectively; and
(C) by amending paragraph (2), as redesignated, to
read as follows:
``(2) make restitution to a victim of the offense under
section 3556 (but not subject to the limitation of section
3663(a) or 3663A(c)(1)(A));''.
SEC. 103. MANDATORY RESTITUTION.
(a) In General.--Chapter 232 of title 18, United States Code, is
amended by inserting immediately after section 3663 the following new
section:
``Sec. 3663A. Mandatory restitution to victims of certain crimes
``(a)(1) Notwithstanding any other provision of law, when
sentencing a defendant convicted of an offense described in subsection
(c), the court shall order, in addition to any other penalty authorized
by law, that the defendant make restitution to the victim of the
offense, or, if the victim is deceased, to the victim's estate.
``(2) For the purposes of this section, the term `victim' means a
person directly and proximately harmed as a result of the commission of
an offense for which restitution may be ordered including, in the case
of an offense that involves as an element a scheme, conspiracy, or
pattern of criminal activity, any person directly harmed by the
defendant's criminal conduct in the course of the scheme, conspiracy,
or pattern. In the case of a victim who is under 18 years of age,
incompetent, incapacitated, or deceased, the legal guardian of the
victim or representative of the victim's estate, another family member,
or any other person appointed as suitable by the court, may assume the
victim's rights under this section, but in no event shall the defendant
be named as such representative or guardian.
``(3) The court shall also order, if agreed to by the parties in a
plea agreement, restitution to persons other than the victim of the
offense.
``(b) The order of restitution shall require that such defendant--
``(1) in the case of an offense resulting in damage to or
loss or destruction of property of a victim of the offense--
``(A) return the property to the owner of the
property or someone designated by the owner; or
``(B) if return of the property under subparagraph
(A) is impossible, impracticable, or inadequate, pay an
amount equal to--
``(i) the greater of--
``(I) the value of the property on
the date of the damage, loss, or
destruction; or
``(II) the value of the property on
the date of sentencing, less
``(ii) the value (as of the date the
property is returned) of any part of the
property that is returned;
``(2) in the case of an offense resulting in bodily injury
to a victim--
``(A) pay an amount equal to the cost of necessary
medical and related professional services and devices
relating to physical, psychiatric, and psychological
care, including nonmedical care and treatment rendered
in accordance with a method of healing recognized by
the law of the place of treatment;
``(B) pay an amount equal to the cost of necessary
physical and occupational therapy and rehabilitation;
and
``(C) reimburse the victim for income lost by such
victim as a result of such offense;
``(3) in the case of an offense resulting in bodily injury
that results in the death of the victim, pay an amount equal to
the cost of necessary funeral and related services; and
``(4) in any case, reimburse the victim for lost income and
necessary child care, transportation, and other expenses
incurred during participation in the investigation or
prosecution of the offense or attendance at proceedings related
to the offense.
``(c)(1) This section shall apply in all sentencing proceedings for
convictions of, or plea agreements relating to charges for, any
offense--
``(A) that is--
``(i) a crime of violence, as defined in section
16;
``(ii) an offense against property under this
title, including any offense committed by fraud or
deceit; or
``(iii) an offense described in section 1365
(relating to tampering with consumer products); and
``(B) in which an identifiable victim or victims has
suffered a physical injury or pecuniary loss.
``(2) In the case of a plea agreement that does not result in a
conviction for an offense described in paragraph (1), this section
shall apply only if the plea specifically states that an offense listed
under such paragraph gave rise to the plea agreement.
``(3) This section shall not apply if the court finds, from facts
on the record, that--
``(A) the number of identifiable victims is so large as to
make restitution impracticable; or
``(B) determining complex issues of fact related to the
cause or amount of the victim's losses would complicate or
prolong the sentencing process to a degree that the need to
provide restitution to any victim is outweighed by the burden
on the sentencing process.
``(d) An order of restitution under this section shall be issued
and enforced in accordance with section 3664.''.
(b) Clerical Amendment.--The analysis for chapter 232 of title 18,
United States Code, is amended by inserting immediately after the
matter relating to section 3663 the following:
``3663A. Mandatory restitution to victims of certain crimes.''.
SEC. 104. ORDER OF RESTITUTION TO VICTIMS OF OTHER CRIMES.
(a) In General.--Section 3663 of title 18, United States Code, is
amended--
(1) in subsection (a)(1)--
(A) by striking ``(a)(1) The court'' and inserting
``(a)(1)(A) The court'';
(B) by inserting ``, section 401, 408(a), 409, 416,
420, or 422(a) of the Controlled Substances Act (21
U.S.C. 841, 848(a), 849, 856, 861, 863) (but in no case
shall a participant in an offense under such sections
be considered a victim of such offense under this
section),'' before ``or section 46312,'';
(C) by inserting ``other than an offense described
in section 3663A(c),'' after ``title 49,'';
(D) by inserting before the period at the end the
following: ``, or if the victim is deceased, to the
victim's estate'';
(E) by adding at the end the following new
subparagraph:
``(B)(i) The court, in determining whether to order restitution
under this section, shall consider--
``(I) the amount of the loss sustained by each victim as a
result of the offense; and
``(II) the financial resources of the defendant, the
financial needs and earning ability of the defendant and the
defendant's dependents, and such other factors as the court
deems appropriate.
``(ii) To the extent that the court determines that the
complication and prolongation of the sentencing process resulting from
the fashioning of an order of restitution under this section outweighs
the need to provide restitution to any victims, the court may decline
to make such an order.''; and
(F) by amending paragraph (2) to read as follows:
``(2) For the purposes of this section, the term `victim' means a
person directly and proximately harmed as a result of the commission of
an offense for which restitution may be ordered including, in the case
of an offense that involves as an element a scheme, conspiracy, or
pattern of criminal activity, any person directly harmed by the
defendant's criminal conduct in the course of the scheme, conspiracy,
or pattern. In the case of a victim who is under 18 years of age,
incompetent, incapacitated, or deceased, the legal guardian of the
victim or representative of the victim's estate, another family member,
or any other person appointed as suitable by the court, may assume the
victim's rights under this section, but in no event shall the defendant
be named as such representative or guardian.'';
(2) by striking subsections (c) through (i); and
(3) by adding at the end the following new subsections:
``(c)(1) Notwithstanding any other provision of law (but subject to
the provisions of subsections (a)(1)(B) (i)(II) and (ii), when
sentencing a defendant convicted of an offense described in section
401, 408(a), 409, 416, 420, or 422(a) of the Controlled Substances Act
(21 U.S.C. 841, 848(a), 849, 856, 861, 863), in which there is no
identifiable victim, the court may order that the defendant make
restitution in accordance with this subsection.
``(2)(A) An order of restitution under this subsection shall be
based on the amount of public harm caused by the offense, as determined
by the court in accordance with guidelines promulgated by the United
States Sentencing Commission.
``(B) In no case shall the amount of restitution ordered under this
subsection exceed the amount of the fine ordered for the offense
charged in the case.
``(3) Restitution under this subsection shall be distributed as
follows:
``(A) 65 percent of the total amount of restitution shall
be paid to the Victim Assistance Administration of the State in
which the crime occurred.
``(B) 35 percent of the total amount of restitution shall
be paid to the State entity designated to receive Federal
substance abuse block grant funds.
``(4) The court shall not make an award under this subsection if it
appears likely that such award would interfere with a forfeiture under
section 981 or 982.
``(5) Notwithstanding section 3612(c) or any other provision of
law, a penalty assessment under section 3013 or a fine under subchapter
C of chapter 227 shall take precedence over an order of restitution
under this subsection.
``(6) Requests for community restitution under this subsection
shall be considered in all plea agreements negotiated by the United
States.
``(7)(A) The United States Sentencing Commission shall promulgate
guidelines to assist courts in determining the amount of restitution
that may be ordered under this subsection.
``(B) No restitution shall be ordered under this subsection until
such time as the Sentencing Commission promulgates guidelines pursuant
to this paragraph.
``(d) An order of restitution made pursuant to this section shall
be issued and enforced in accordance with section 3664.''.
(b) Sexual Abuse.--Section 2248 of title 18, United States Code, is
amended--
(1) in subsection (a), by inserting ``or 3663A'' after
``3663'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) Directions.--The order of restitution under this
section shall direct the defendant to pay to the victim
(through the appropriate court mechanism) the full amount of
the victim's losses as determined by the court pursuant to
paragraph (2).'';
(B) by amending paragraph (2) to read as follows:
``(2) Enforcement.--An order of restitution under this
section shall be issued and enforced in accordance with section
3664 in the same manner as an order under section 3663A.'';
(C) in paragraph (4), by striking subparagraphs (C)
and (D); and
(D) by striking paragraphs (5) through (10);
(3) by striking subsections (c) through (e); and
(4) by redesignating subsection (f) as subsection (c).
(c) Sexual Exploitation and Other Abuse of Children.--Section 2259
of title 18, United States Code, is amended--
(1) in subsection (a), by inserting ``or 3663A'' after
``3663'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) Directions.--The order of restitution under this
section shall direct the defendant to pay the victim (through
the appropriate court mechanism) the full amount of the
victim's losses as determined by the court pursuant to
paragraph (2).'';
(B) by amending paragraph (2) to read as follows:
``(2) Enforcement.--An order of restitution under this
section shall be issued and enforced in accordance with section
3664 in the same manner as an order under section 3663A.'';
(C) in paragraph (4), by striking subparagraphs (C)
and (D); and
(D) by striking paragraphs (5) through (10);
(3) by striking subsections (c) through (e); and
(4) by redesignating subsection (f) as subsection (e).
(d) Domestic Violence.--Section 2264 of title 18, United States
Code, is amended--
(1) in subsection (a), by inserting ``or 3663A'' after
``3663'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) Directions.--The order of restitution under this
section shall direct the defendant to pay the victim (through
the appropriate court mechanism) the full amount of the
victim's losses as determined by the court pursuant to
paragraph (2).'';
(B) by amending paragraph (2) to read as follows:
``(2) Enforcement.--An order of restitution under this
section shall be issued and enforced in accordance with section
3664 in the same manner as an order under section 3663A.'';
(C) in paragraph (4), by striking subparagraphs (C)
and (D); and
(D) by striking paragraphs (5) through (10);
(3) by striking subsections (c) through (g); and
(4) by adding at the end the following new subsection (c):
``(c) Victim Defined.--For purposes of this section, the term
`victim' means the individual harmed as a result of a commission of a
crime under this chapter, including, in the case of a victim who is
under 18 years of age, incompetent, incapacitated, or deceased, the
legal guardian of the victim or representative of the victim's estate,
another family member, or any other person appointed as suitable by the
court, but in no event shall the defendant be named as such
representative or guardian.''.
(e) Telemarketing Fraud.--Section 2327 of title 18, United States
Code, is amended--
(1) in subsection (a), by inserting ``or 3663A'' after
``3663'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) Directions.--The order of restitution under this
section shall direct the defendant to pay to the victim
(through the appropriate court mechanism) the full amount of
the victim's losses as determined by the court pursuant to
paragraph (2).'';
(B) by amending paragraph (2) to read as follows:
``(2) Enforcement.--An order of restitution under this
section shall be issued and enforced in accordance with section
3664 in the same manner as an order under section 3663A.'';
(C) in paragraph (4), by striking subparagraphs (C)
and (D); and
(D) by striking paragraphs (5) through (10);
(3) by striking subsections (c) through (e); and
(4) by redesignating subsection (f) as subsection (c).
SEC. 105. PROCEDURE FOR ISSUANCE AND ENFORCEMENT OF RESTITUTION ORDER.
(a) In General.--Section 3664 of title 18, United States Code, is
amended to read as follows:
``Sec. 3664. Procedure for issuance and enforcement of order of
restitution
``(a) For orders of restitution under this title, the court shall
order the probation service of the court to obtain and include in its
presentence report, or in a separate report, as the court directs,
information sufficient for the court to exercise its discretion in
fashioning a restitution order. The report shall include, to the extent
practicable, a complete accounting of the losses to each victim, any
restitution owed pursuant to a plea agreement, and information relating
to the economic circumstances of each defendant. If the number or
identity of victims cannot be reasonably ascertained, or other
circumstances exist that make this requirement clearly impracticable,
the probation service shall so inform the court.
``(b) The court shall disclose to both the defendant and the
attorney for the Government all portions of the presentence or other
report pertaining to the matters described in subsection (a) of this
section.
``(c) The provisions of this chapter, chapter 227, and Rule 32(c)
of the Federal Rules of Criminal Procedure shall be the only rules
applicable to proceedings under this section.
``(d)(1) Within 60 days after conviction and, in any event, not
later than 10 days prior to sentencing--
``(A)(i) the attorney for the Government, after consulting
with all identified victims, shall promptly provide the
probation service of the court with a listing of the amounts
subject to restitution;
``(ii) the attorney for the Government shall provide notice
to all identified victims, informing the victims of the
offenses of which the defendant was convicted, the listing of
amounts subject to restitution submitted to the probation
service, the victim's right to submit information to the
probation service concerning the amount of the victim's losses,
and the scheduled date, time, and place of the sentencing
hearing; and
``(iii) if any victim objects to any of the information
provided to the probation service relating to the amount of the
victim's losses subject to restitution, the attorney for the
Government shall advise the victim that the victim may file a
separate affidavit and shall provide the victim with an
affidavit form which may be used to do so; and
``(B) each defendant shall prepare and file with the
probation service of the court an affidavit fully describing
the financial resources of the defendant, including a complete
listing of all assets owned or controlled by the defendant as
of the date on which the defendant was arrested, the financial
needs and earning ability of the defendant and the defendant's
dependents, and other information the court requires relating
to such other factors as the court deems appropriate.
``(2) After reviewing the report of the probation service of the
court, the court may require additional documentation or hear
testimony. The privacy of any records filed, or testimony heard,
pursuant to this section shall be maintained to the greatest extent
possible, and such records may be filed or testimony heard in camera.
``(3) If the victim's losses are not ascertainable by the date that
is 10 days prior to sentencing as provided in paragraph (1), the
attorney for the Government shall so inform the court, and the court
shall set a date for the final determination of the victim's losses,
not to exceed 90 days after sentencing. If the victim subsequently
discovers further losses, the victim shall have 60 days after discovery
of those losses in which to petition the court for an amended
restitution order. Such order may be granted only upon a showing of
good cause for the failure to include such losses in the initial claim
for restitutionary relief.
``(4) The court may refer any issue arising in connection with a
proposed order of restitution to a magistrate or special master for
proposed findings of fact and recommendations as to disposition,
subject to a de novo determination of the issue by the court.
``(e) Any dispute as to the proper amount or type of restitution
shall be resolved by the court by the preponderance of the evidence.
The burden of demonstrating the amount of the loss sustained by a
victim as a result of the offense shall be on the attorney for the
Government. The burden of demonstrating the financial resources of the
defendant and the financial needs of the defendant and such defendant's
dependents shall be on the defendant. The burden of demonstrating such
other matters as the court deems appropriate shall be upon the party
designated by the court as justice requires.
``(f)(1)(A) In each order of restitution, the court shall order
restitution to each victim in the full amount of each victim's losses
as determined by the court and without consideration of the economic
circumstances of the defendant.
``(B) In no case shall the fact that a victim has received or is
entitled to receive compensation with respect to a loss from insurance
or any other source be considered in determining the amount of
restitution.
``(2) Upon determination of the amount of restitution owed to each
victim, the court shall, pursuant to section 3572, specify in the
restitution order the manner in which and the schedule according to
which the restitution is to be paid, in consideration of--
``(A) the financial resources and other assets of the
defendant, including whether any of these assets are jointly
controlled;
``(B) projected earnings and other income of the defendant;
and
``(C) any financial obligations of the defendant; including
obligations to dependents.
``(3)(A) A restitution order may direct the defendant to make a
single, lump-sum payment, partial payment at specified intervals, in-
kind payments, or a combination of payments at specified intervals and
in-kind payments.
``(B) A restitution order may direct the defendant to make nominal
periodic payments if the court finds from facts on the record that the
economic circumstances of the defendant do not allow the payment of any
amount of a restitution order, and do not allow for the payment of the
full amount of a restitution order in the foreseeable future under any
reasonable schedule of payments.
``(4) An in-kind payment described in paragraph (3) may be in the
form of--
``(A) return of property;
``(B) replacement of property; or
``(C) if the victim agrees, services rendered to the victim
or a person or organization other than the victim.
``(g)(1) No victim shall be required to participate in any phase of
a restitution order.
``(2) A victim may at any time assign the victim's interest in
restitution payments to the Crime Victims Fund in the Treasury without
in any way impairing the obligation of the defendant to make such
payments.
``(h) If the court finds that more than 1 defendant has contributed
to the loss of a victim, the court may make each defendant liable for
payment of the full amount of restitution or may apportion liability
among the defendants to reflect the level of contribution to the
victim's loss and economic circumstances of each defendant.
``(i) If the court finds that more than 1 victim has sustained a
loss requiring restitution by a defendant, the court may issue an order
of priority based on the type and amount of each victim's loss,
accounting for the economic circumstances of each victim. In any case
in which the United States is a victim, the court shall ensure that all
individual victims receive full restitution before the United States
receives any restitution.
``(j)(1) If a victim has received or is entitled to receive
compensation with respect to a loss from insurance or any other source,
the court shall order that restitution shall be paid to the person who
provided or is obligated to provide the compensation, but the
restitution order shall provide that all restitution of victims
required by the order be paid to the victims before any restitution is
paid to such a provider of compensation.
``(2) Any amount paid to a victim under an order of restitution
shall be reduced by any amount later recovered as compensatory damages
for the same loss by the victim in--
``(A) any Federal civil proceeding; and
``(B) any State civil proceeding, to the extent provided by
the law of the State.
``(k) A restitution order shall provide that the defendant shall
notify the court and the Attorney General of any material change in the
defendant's economic circumstances that might affect the defendant's
ability to pay restitution. The court may also accept notification of a
material change in the defendant's economic circumstances from the
United States or from the victim. The Attorney General shall certify to
the court that the victim or victims owed restitution by the defendant
have been notified of the change in circumstances. Upon receipt of the
notification, the court may, on its own motion, or the motion of any
party, including the victim, adjust the payment schedule, or require
immediate payment in full, as the interests of justice require.
``(l) A conviction of a defendant for an offense involving the act
giving rise to an order of restitution shall estop the defendant from
denying the essential allegations of that offense in any subsequent
Federal civil proceeding or State civil proceeding, to the extent
consistent with State law, brought by the victim.
``(m)(1)(A)(i) An order of restitution may be enforced by the
United States in the manner provided for in subchapter C of chapter 227
and subchapter B of chapter 229 of this title; or
``(ii) by all other available and reasonable means.
``(B) An order of restitution may also be enforced by a victim
named in the order to receive the restitution, in the same manner as a
judgment in a civil action.
``(2) An order of in-kind restitution in the form of services shall
be enforced by the probation service of the court.
``(n) If a person obligated to provide restitution or pay a fine
receives substantial resources from any source, including inheritance,
settlement, or other judgment, during a period of incarceration, such
person shall be required to apply the value of such resources to any
restitution or fine still owed.''.
(b) Technical Amendment.--The item relating to section 3664 in the
analysis for chapter 232 of title 18, United States Code, is amended to
read as follows:
``3664. Procedure for issuance and enforcement of order of
restitution.''.
SEC. 106. PROCEDURE.
(a) Amendment of Federal Rules of Criminal Procedure.--Rule 32(b)
of the Federal Rules of Criminal Procedure is amended--
(1) in paragraph (1), by adding at the end the following:
``Notwithstanding the preceding sentence, a presentence
investigation and report, or other report containing
information sufficient for the court to enter an order of
restitution, as the court directs, shall be required in any
case in which restitution is required to be ordered.''; and
(2) in paragraph (4)--
(A) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively; and
(B) by inserting after subparagraph (E), the
following new subparagraph:
``(F) in appropriate cases, information sufficient
for the court to enter an order of restitution;''.
(b) Fines.--Section 3572 of title 18, United States Code, is
amended--
(1) in subsection (b) by inserting ``other than the United
States,'' after ``offense,'';
(2) in subsection (d)--
(A) in the first sentence, by striking ``A person
sentenced to pay a fine or other monetary penalty'' and
inserting ``(1) A person sentenced to pay a fine or
other monetary penalty, including restitution,'';
(B) by striking the third sentence; and
(C) by adding at the end the following:
``(2) If the judgment, or, in the case of a restitution order, the
order, permits other than immediate payment, the length of time over
which scheduled payments will be made shall be set by the court, but
shall be the shortest time in which full payment can reasonably be
made.
``(3) A judgment for a fine which permits payments in installments
shall include a requirement that the defendant will notify the court of
any material change in the defendant's economic circumstances that
might affect the defendant's ability to pay the fine. Upon receipt of
such notice the court may, on its own motion or the motion of any
party, adjust the payment schedule, or require immediate payment in
full, as the interests of justice require.'';
(3) in subsection (f), by inserting ``restitution'' after
``special assessment,'';
(4) in subsection (h), by inserting ``or payment of
restitution'' after ``A fine''; and
(5) in subsection (i)--
(A) in the first sentence, by inserting ``or
payment of restitution'' after ``A fine''; and
(B) by amending the second sentence to read as
follows: ``Notwithstanding any installment schedule,
when a fine or payment of restitution is in default,
the entire amount of the fine or restitution is due
within 30 days after notification of the default,
subject to the provisions of section 3613A.''.
(c) Postsentence Administration.--
(1) Payment of a fine or restitution.--Section 3611 of
title 18, United States Code, is amended--
(A) by amending the heading to read as follows:
``Sec. 3611. Payment of a fine or restitution'';
and
(B) by striking ``or assessment shall pay the fine
or assessment'' and inserting ``, assessment, or
restitution, shall pay the fine, assessment, or
restitution''.
(2) Collection.--Section 3612 of title 18, United States,
is amended--
(A) by amending the heading to read as follows:
``Sec. 3612. Collection of unpaid fine or restitution'';
(B) in subsection (b)(1)--
(i) in the matter preceding subparagraph
(A), by inserting ``or restitution order''
after ``fine'';
(ii) in subparagraph (C), by inserting ``or
restitution order'' after ``fine'';
(iii) in subparagraph (E), by striking
``and'';
(iv) in subparagraph (F)--
(I) by inserting ``or restitution
order'' after ``fine''; and
(II) by striking the period at the
end and inserting ``; and''; and
(v) by adding at the end the following new
subparagraph:
``(G) in the case of a restitution order,
information sufficient to identify each victim to whom
restitution is owed. It shall be the responsibility of
each victim to notify the Attorney General, or the
appropriate entity of the court, by means of a form to
be provided by the Attorney General or the court, of
any change in the victim's mailing address while
restitution is still owed the victim. The
confidentiality of any information relating to a victim
shall be maintained.'';
(C) in subsection (c)--
(i) in the first sentence, by inserting
``or restitution'' after ``fine''; and
(ii) by adding at the end the following:
``Any money received from a defendant shall be
disbursed so that each of the following
obligations is paid in full in the following
sequence:
``(1) A penalty assessment under section 3013 of title 18,
United States Code.
``(2) Restitution of all victims.
``(3) All other fines, penalties, costs, and other payments
required under the sentence.'';
(D) in subsection (d)--
(i) by inserting ``or restitution'' after
``fine''; and
(ii) by striking ``is delinquent, to inform
him that the fine is delinquent'' and inserting
``or restitution is delinquent, to inform the
person of the delinquency'';
(E) in subsection (e)--
(i) by inserting ``or restitution'' after
``fine''; and
(ii) by striking ``him that the fine is in
default'' and inserting ``the person that the
fine or restitution is in default'';
(F) in subsection (f)--
(i) in the heading, by inserting ``and
restitution'' after ``on fines''; and
(ii) in paragraph (1), by inserting ``or
restitution'' after ``any fine'';
(G) in subsection (g), by inserting ``or
restitution'' after ``fine'' each place it appears; and
(H) in subsection (i), by inserting ``and
restitution'' after ``fines''.
(3) Civil remedies.--Section 3613 of title 18, United
States Code, is amended--
(A) in subsection (b), by amending paragraph (1) to
read as follows:
``(1) the later of 20 years after the entry of the judgment
or 20 years after the release from imprisonment of the person
fined or ordered to pay restitution; or''; and
(B) in subsection (e), by striking ``, but in no
event'' and all that follows through the end of the
subsection and inserting a period.
(4) Default.--Chapter 229 of title 18, United States Code,
is amended by inserting after section 3613 the following new
section:
``Sec. 3613A. Effect of default
``(a)(1) Upon a finding that the defendant is in default on a
payment of a fine or restitution, the court may, pursuant to section
3565, revoke probation or a term of supervised release or modify the
terms or conditions of probation on a term of supervised release,
resentence a defendant pursuant to section 3614, hold the defendant in
contempt of court, enter a restraining order or injunction, order the
sale of property of the defendant, accept a performance bond, enter or
adjust a payment schedule, or take any other action necessary to obtain
compliance with the order of a fine or restitution.
``(2) In determining what action to take, the court shall consider
the defendant's employment status, earning ability, financial
resources, the willfulness in failing to comply with the restitution
order, and any other circumstances that may have a bearing on the
defendant's ability to comply with the order of a fine or restitution.
``(b)(1) Any hearing held pursuant to this section may be conducted
by a magistrate judge, subject to de novo review by the court.
``(2) To the extent practicable, in a hearing held pursuant to this
section involving a defendant who is confined in any jail, prison, or
other correctional facility, proceedings in which the prisoner's
participation is required or permitted shall be conducted by telephone,
video conference, or other communications technology without removing
the prisoner from the facility in which the prisoner is confined.
``(3) Subject to the agreement of the official of the Federal,
State, or local unit of government with custody over the prisoner,
hearings may be conducted at the facility in which the prisoner is
confined. To the extent practicable, the court shall allow counsel to
participate by telephone, video conference, or other communications
technology in any hearing held at the facility.''.
(5) Resentencing.--Section 3614 of title 18, United States
Code, is amended--
(A) in the heading, by inserting ``or restitution''
after ``fine'';
(B) in subsection (a), by inserting ``or
restitution'' after ``fine''; and
(C) by adding at the end the following new
subsection:
``(c) Effect of Indigency.--In no event shall a defendant be
incarcerated under this section solely on the basis of inability to
make payments because the defendant is indigent.''.
(d) Conforming Amendment.--The analysis for subchapter B of chapter
229 of title 18, United States Code, is amended to read as follows:
``Sec.
``3611. Payment of a fine or restitution.
``3612. Collection of an unpaid fine or restitution.
``3613. Civil remedies for collection of an unpaid fine or restitution.
``3613A. Effect of default.
``3614. Resentencing upon failure to pay a fine or restitution.
``3615. Criminal default.''.
SEC. 107. INSTRUCTION TO SENTENCING COMMISSION.
Pursuant to section 994 of title 28, United States Code, the United
States Sentencing Commission shall promulgate guidelines or amend
existing guidelines to reflect this Act and the amendments made by this
Act.
SEC. 108. JUSTICE DEPARTMENT REGULATIONS.
Not later than 90 days after the date of enactment of this Act, the
Attorney General shall promulgate guidelines, or amend existing
guidelines, to carry out this Act and to ensure that--
(1) in all plea agreements negotiated by the United States,
consideration is given to requesting that the defendant provide
full restitution to all victims of all charges contained in the
indictment or information, without regard to the counts to
which the defendant actually pleaded; and
(2) orders of restitution made pursuant to the amendments
made by this Act are enforced to the fullest extent of the law.
SEC. 109. SPECIAL ASSESSMENTS ON CONVICTED PERSONS.
Section 3013(a)(2) of title 18, United States Code, is amended--
(1) in subparagraph (A), by striking ``$50'' and inserting
``not less than $100''; and
(2) in subparagraph (B), by striking ``$200'' and inserting
``not less than $400''.
SEC. 110. EFFECTIVE DATE.
The amendments made by this title shall be effective for sentencing
proceedings in cases in which the defendant is convicted on or after
the date of enactment of this Act.
TITLE II--MISCELLANEOUS PROVISIONS
SEC. 201. CRIME VICTIMS FUND.
(a) Prohibition of Payments to Delinquent Criminal Debtors by State
Crime Victim Compensation Programs.--
(1) In general.--Section 1403(b) of the Victims of Crime
Act of 1984 (42 U.S.C. 10602(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(7);
(B) by redesignating paragraph (8) as paragraph
(9); and
(C) by inserting after paragraph (7) the following
new paragraph:
``(8) such program does not provide compensation to any
person who has been convicted of an offense under Federal law
with respect to any time period during which the person is
delinquent in paying a fine or other monetary penalty imposed
for the offense; and''.
(2) Application of amendment.--The amendment made by
paragraph (1) shall not be applied to deny victims compensation
to any person until the date on which the Attorney General, in
consultation with the Director of the Administrative Office of
the United States Courts, issues a written determination that a
cost-effective, readily available criminal debt payment
tracking system operated by the agency responsible for the
collection of criminal debt has established cost-effective,
readily available communications links with entities that
administer Federal victims compensation programs that are
sufficient to ensure that victims compensation is not denied to
any person except as authorized by law.
(b) Exclusion From Income for Purposes of Means Tests.--Section
1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is amended
by inserting after subsection (b) the following new subsection:
``(c) Exclusion From Income for Purposes of Means Tests.--
Notwithstanding any other law, for the purpose of any maximum allowed
income eligibility requirement in any Federal, State, or local
government program using Federal funds that provides medical or other
assistance (or payment or reimbursement of the cost of such assistance)
that becomes necessary to an applicant for such assistance in full or
in part because of the commission of a crime against the applicant, as
determined by the Director, any amount of crime victim compensation
that the applicant receives through a crime victim compensation program
under this section shall not be included in the income of the applicant
until the total amount of assistance that the applicant receives from
all such programs is sufficient to fully compensate the applicant for
losses suffered as a result of the crime.''.
SEC. 202. VICTIMS OF TERRORISM ACT.
(a) Authority To Provide Assistance and Compensation to Victims of
Terrorism.--The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.)
is amended by inserting after section 1404A the following new section:
``SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF TERRORISM OR
MASS VIOLENCE.
``(a) Victims of Acts of Terrorism Outside the United States.--The
Director may make supplemental grants to States to provide compensation
and assistance to the residents of such States who, while outside the
territorial boundaries of the United States, are victims of a terrorist
act or mass violence and are not persons eligible for compensation
under title VIII of the Omnibus Diplomatic Security and Antiterrorism
Act of 1986.
``(b) Victims of Domestic Terrorism.--The Director may make
supplemental grants to States for eligible crime victim compensation
and assistance programs to provide emergency relief, including crisis
response efforts, assistance, training, and technical assistance, for
the benefit of victims of terrorist acts or mass violence occurring
within the United States and may provide funding to United States
Attorney's Offices for use in coordination with State victims
compensation and assistance efforts in providing emergency relief.''.
(b) Funding of Compensation and Assistance to Victims of Terrorism,
Mass Violence, and Crime.--Section 1402(d)(4) of the Victims of Crime
Act of 1984 (42 U.S.C. 10601(d)(4)) is amended to read as follows:
``(4)(A) If the sums available in the Fund are sufficient
to fully provide grants to the States pursuant to section
1403(a)(1), the Director may retain any portion of the Fund
that was deposited during a fiscal year that was in excess of
110 percent of the total amount deposited in the Fund during
the preceding fiscal year as an emergency reserve. Such reserve
shall not exceed $50,000,000.
``(B) The emergency reserve may be used for supplemental
grants under section 1404B and to supplement the funds
available to provide grants to States for compensation and
assistance in accordance with sections 1403 and 1404 in years
in which supplemental grants are needed.''.
(c) Crime Victims Fund Amendments.--
(1) Unobligated funds.--Section 1402 of the Victims of
Crime Act of 1984 (42 U.S.C. 10601) is amended--
(A) in subsection (c), by striking ``subsection''
and inserting ``chapter''; and
(B) by amending subsection (e) to read as follows:
``(e) Amounts Awarded and Unspent.--Any amount awarded as part of a
grant under this chapter that remains unspent at the end of a fiscal
year in which the grant is made may be expended for the purpose for
which the grant is made at any time during the 2 succeeding fiscal
years, at the end of which period, any remaining unobligated sums in
excess of $500,000 shall be returned to the Treasury. Any remaining
unobligated sums in an amount less than $500,000 shall be returned to
the Fund.''.
(2) Base amount.--Section 1404(a)(5) of such Act (42 U.S.C.
10603(a)(5)) is amended to read as follows:
``(5) As used in this subsection, the term `base amount'
means--
``(A) except as provided in subparagraph (B),
$500,000; and
``(B) for the territories of the Northern Mariana
Islands, Guam, American Samoa, and the Republic of
Palau, $200,000, with the Republic of Palau's share
governed by the Compact of Free Association between the
United States and the Republic of Palau.''.
SEC. 203. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby.
SEC. 204. STUDY AND REPORT.
(a) Study.--The Attorney General, in cooperation with the Director
of the Administrative Office of the United States Courts, shall conduct
a study of the funds paid out of the Crime Victims Fund and the impact
that the amendments made by this Act have on funds available in the
Crime Victims Fund, including an assessment of any reduction or
increase in fines collected and deposited into the Fund directly
attributable to the amendments made by this Act.
(b) Report.--The Attorney General and the Director of the
Administrative Office of the United States Courts shall report interim
findings to the Chairman and ranking Member of the Committees on the
Judiciary of the Senate and House of Representatives 1 year after the
date of enactment of this Act, and annually thereafter until issuing a
final report, together with recommendations, not later than 4 years
after the date of enactment of this Act.
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S 1503 IS----5Official legislative text sourced from the public record (cached on CivicsHQ).
Official source
View the original bill, actions, and full legislative record on Congress.gov.
Status
In Committee
- 1Introduced
- 2Committee
- 3Floor
- 4Passed
- 5Signed
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