[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 841 Introduced in Senate (IS)]

  1st Session
                                 S. 841

    To increase the special assessment for felonies and improve the 
    enforcement of sentences imposing criminal fines, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 23 (legislative day, May 15), 1995

  Mr. McCain introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To increase the special assessment for felonies and improve the 
    enforcement of sentences imposing criminal fines, 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 ``Crime Victim Assistance Improvement 
Act''.

SEC. 2. SPECIAL ASSESSMENTS ON CONVICTED PERSONS.

    (a) Increase.--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''.
    (b) Extension of Period of Obligation.--Section 3013(c) of title 
18, United States Code, is amended by striking ``five'' and inserting 
``20''.

SEC. 3. TIMING OF PAYMENT OF FINES AND RESTITUTION.

    (a) Clarification of Provision Concerning When a Fine Must Be 
Paid.--Section 3572(d) of title 18, United States Code, is amended to 
read as follows:
    ``(d) Time, Method of Payment, and Related Items.--
            ``(1) In general.--Except as otherwise ordered under 
        paragraph (2), a person sentenced to pay a fine or other 
        monetary penalty shall not be released from custody following 
        sentencing until the person has paid the fine or penalty in 
        full.
            ``(2) Delayed payment.--(A) At sentencing, the court may, 
        if the interest of justice requires, permit the defendant to 
        delay payment of a fine or other penalty.
            ``(B) If the court permits the defendant to delay payment 
        of a fine or penalty, the court shall require that--
                    ``(i) an installment on the criminal debt be paid 
                immediately or as soon as the court determines that it 
                would be possible for the defendant to pay an 
                installment; and
                    ``(ii) the defendant make payment in equal monthly 
                installments or on such other schedule as the court may 
                specify.''.
    (b) Amendment of Provision Concerning When Restitution Must Be 
Paid.--Section 3663 of title 18, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) in paragraph (5), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(6) make payments to the court or an agent of the court, 
        to be disbursed to the victim, in any case in which the court 
        finds such action is necessary to protect the privacy and 
        safety of the victim.''; and
            (2) in subsection (f), by striking ``(f)(1) The court may 
        require'' and all that follows through ``(4) The order of 
        restitution'' and inserting the following:
    ``(f)(1) Except as otherwise ordered under paragraph (2), a person 
required to pay restitution shall not be released from custody 
following sentencing until the person has paid the restitution in full.
    ``(2)(A) At sentencing, the court may permit the defendant to delay 
payment of restitution if the court finds that the defendant is unable 
to pay.
    ``(B) If the court permits the defendant to delay payment of 
restitution, the court shall require that--
            ``(i) an installment on the debt of restitution be paid 
        immediately or as soon as the court determines that it would be 
        possible for the defendant to pay an installment; and
            ``(ii) the person make payment in equal monthly 
        installments or on such other schedule as the court may 
        specify.
    ``(C) This paragraph shall not be construed to limit any right that 
a victim may have to obtain and enforce a civil judgment against the 
defendant or seek any other legal remedy available to the victim to 
redress any injury caused by the defendant.
    ``(3) The order of restitution''.
SEC. 4. ENFORCEMENT OF SENTENCE OF A FINE THROUGH ORDER SUSPENDING 
              FEDERAL BENEFITS.

    (a) In General.--Section 3572 of title 18, United States Code, is 
amended by adding at the end the following new subsection:
    ``(j) Suspension of Federal Benefits.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `Federal benefit' means a grant, 
                contract, loan, professional license, or commercial 
                license provided by an agency of the United States or 
                by any entity using appropriated funds of the United 
                States (including a retirement, welfare, Social 
                Security, health, disability, or veterans' benefit, 
                public housing, or any similar benefit, or any other 
                benefit for which payments or services are required for 
                eligibility); and
                    ``(B) the term `veterans' benefit' means a benefit 
                provided to veterans, their families, or survivors 
                under laws administered by the Secretary of Veterans 
                Affairs.
            ``(2) Order.--If a defendant is delinquent in paying a fine 
        or other monetary penalty imposed under this section, the court 
        may, after a hearing, issue an order that--
                    ``(A) suspends the provision of Federal benefits to 
                the defendant for the time period in which the 
                defendant is delinquent, until such time as--
                            ``(i) the delinquency is cured; or
                            ``(ii) if the court so orders, the 
                        defendant demonstrates a good-faith effort to 
                        cure the delinquency; or
                    ``(B) if the defendant demonstrates that the 
                defendant is unable to make payments as required, sets 
                a payment schedule that will require the defendant to 
                pay the maximum amounts that the defendant can 
                reasonably be expected to pay under the circumstances.
            ``(3) Reinstatement of benefits.--An order under paragraph 
        (2) may provide that if the defendant cures a delinquency for 
        any time period, a Federal benefit that is in the form of a 
        payment of money or other instrument of value to which the 
        defendant would have been entitled with respect to that time 
        period shall be provided to the defendant (without addition of 
        interest for the delay in payment).''.
    (b) Application of Amendment.--The amendment made by subsection (a) 
shall not be applied to deny a Federal benefit 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 communications links with 
entities that administer Federal benefit programs that are sufficient 
to ensure that Federal benefits are not denied to any person except as 
authorized by law.

SEC. 5. 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.''.
                                 <all>