[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1404 Introduced in Senate (IS)]


104th CONGRESS
  1st Session
                                S. 1404

  To enhance restitution to victims of crime, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 8, 1995

 Mr. Grassley (for himself and Mr. Kyl) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To enhance restitution to victims of crime, 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 ``Victim Restitution Enhancement Act 
of 1995''.

SEC. 2. RESTITUTION.

    Section 3663 of title 18, United States Code, is amended--
            (1) in subsection (f)--
                    (A) by striking paragraphs (1) through (3);
                    (B) by inserting the following new paragraph:
    ``(1)(A) The order of restitution shall require the defendant to--
            ``(i) submit a sworn statement listing all assets owned or 
        controlled by the defendant; and
            ``(ii) make payment immediately, unless, in the interest of 
        justice, the court provides for payment on a date certain or in 
        installments.
    ``(B) If the court provides for payment in installments, the 
installments shall be in equal monthly payments over a payment period 
prescribed by the court unless the court establishes another schedule.
    ``(C) If the order of restitution permits other than immediate 
payment, the payment period shall not exceed 5 years, excluding any 
term of imprisonment served by the defendant for the offense.'';
                    (C) by redesignating paragraph (4) as paragraph 
                (2); and
                    (D) by amending paragraph (2), as so redesignated, 
                by striking ``under this section,'' and all that 
                follows through the end of the paragraph and inserting 
                ``under this section.'';
            (2) in subsection (h)--
                    (A) by striking ``(h) An order'' and inserting 
                ``(h)(1) Subject to paragraph (2), an order'';
                    (B) by redesignating paragraphs (1)(A), (1)(B), and 
                (2) as subparagraphs (A)(i), (A)(ii), and (B), 
                respectively; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(2) Notwithstanding any other law that applies a shorter time 
limitation, a victim may bring an action to enforce an order of 
restitution on or until the date that is 20 years after the date of the 
order.''; and
            (3) by adding at the end the following new subsections:
    ``(j) No discharge of debt pursuant to a bankruptcy proceeding 
shall render an order of restitution under this section unenforceable 
or discharge liability to pay restitution.
    ``(k)(1) An order of restitution imposed pursuant to this section 
or by any State court is a lien in favor of the designated agent for a 
victim of crime entitled to restitution by reason of any Federal or 
State law, or if such victim cannot be identified, in favor of the 
United States or any State agency charged with providing restitution to 
victims of crime, upon all property belonging to the person against 
whom restitution is ordered. The lien arises at the time of the entry 
of the order and continues until the liability is satisfied, remitted, 
or set aside. The court ordering restitution shall notify all potential 
claimants entitled to restitution. On application of the person against 
whom restitution is ordered, the Attorney General or any other person 
or entity holding a lien pursuant to this section, shall--
            ``(A) issue a certificate of release, as described in 
        section 6325 of the Internal Revenue Code, of any lien imposed 
        pursuant to this section, upon his acceptance of a bond 
        described in section 6325(a)(2) of the Internal Revenue Code; 
        or
            ``(B) issue a certificate of discharge, as described in 
        section 6325 of the Internal Revenue Code, of any part of the 
        person's property subject to a lien imposed pursuant to this 
        subsection, upon his determination that the fair market value 
        of that part of such property remaining subject to and 
        available to satisfy the lien is at least three times the 
        amount of the restitution ordered.
    ``(2) The provisions of sections 6323, 6331, 6332, 6334 through 
6336, 6337(a), 6338 through 6343, 6901, 7402, 7403, 7424 through 7426, 
7505(a), 7506, 7701, and 7805 of the Internal Revenue Code of 1986 and 
of section 513 of the Act of October 17, 1940 (54 Stat. 1190), apply to 
an order of restitution and to the lien imposed by paragraph (1) as if 
the liability of the person against whom restitution is ordered were 
for an internal revenue tax assessment where the Attorney General is 
the lienholder, except to the extent that the application of such 
statutes is modified by regulations issued by the Attorney General to 
accord with differences in the nature of the liabilities. For the 
purposes of this paragraph references in the preceding sections of the 
Internal Revenue Code of 1986 to `the Secretary' shall be construed to 
mean `the Attorney General' and references in those sections to `tax' 
shall be construed to mean `order of restitution'.
    ``(3) A notice of the lien imposed by paragraph (1) shall be 
considered a notice of lien for taxes payable to the United States for 
the purposes of any State or local law providing for the filing of a 
notice of a tax lien. The registration, recording, docketing, or 
indexing, in accordance with section 1962 of title 28, United States 
Code, of the judgment under which an order of restitution is imposed 
shall be considered for all purposes as the filing prescribed by 
section 6323(f)(1)(A) of the Internal Revenue Code of 1986.
    ``(4) Notwithstanding any other provision of this subsection, an 
order of restitution may be enforced by execution against the property 
of the person against whom it is ordered in like manner as judgments in 
civil cases.
    ``(5) No discharge of debts pursuant to a bankruptcy proceeding 
shall render a lien under this section unenforceable.
    ``(6)(A) If a person against whom restitution is ordered and whose 
assets are subject to a lien under this subsection files any civil 
action seeking money damages, including an action filed during a period 
of incarceration, such person shall serve notice, at the expense of 
that person, of the filing of the action upon each person entitled to 
receive restitution, or the designated agent of such person, and the 
Attorney General.
    ``(B) Failure to timely provide actual notice shall be grounds for 
dismissal of the underlying civil action.
    ``(C) A person entitled to receive restitution under this section, 
the Office of Victims of Crime of the Department of Justice, or any 
agency or instrumentality of any State charged with providing 
restitution to victims of crime, may intervene in the civil action 
described in subparagraph (A) if the court determines that such 
intervention would be in the interests of justice.''.

SEC. 3. COSTS RECOVERABLE.

    Section 1918(b) of title 28, United States Code, is amended by 
inserting before the period the following: ``, including any amount 
advanced to purchase contraband in a sting operation during the 
investigation resulting in the conviction''.
                                 <all>