[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5580 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5580

To amend title 18, United States Code, to provide mandatory restitution 
               in certain cases, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 8, 2002

 Mrs. Wilson of New Mexico (for herself and Mr. Pickering) introduced 
  the following bill; which was referred to the Committee on Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to provide mandatory restitution 
               in certain cases, 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 ``Mandatory Restitution for Corporate 
Abuses Act of 2002''.

SEC. 2. MANDATORY RESTITUTION.

    (a) In General.--Chapter 63 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1351. Mandatory restitution for certain offenses
    ``(a) In General.--Notwithstanding section 3663 or 3663A, and in 
addition to any other civil or criminal penalty authorized by law, the 
court shall order restitution to all victims of any offense under 
section 1341, 1342, 1343, 1344, or 1348.
    ``(b) Scope and Nature of Order.--
            ``(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).
            ``(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.
            ``(3) Definition.--For purposes of this subsection, the 
        term ``full amount of the victim's losses'' means all losses 
        suffered by the victim as a proximate result of the offense.
            ``(4) Order mandatory.--(A) The issuance of a restitution 
        order under this section is mandatory.
            ``(B) A court may not decline to issue an order under this 
        section because of--
                    ``(i) the economic circumstances of the defendant; 
                or
                    ``(ii) the fact that a victim has, or is entitled 
                to, receive compensation for his or her injuries from 
                the proceeds of insurance or any other source.
    ``(c) Victim Defined.--In this section, the term `victim' has the 
meaning given that term in section 3663A(a)(2).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 63 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1351. Mandatory restitution for certain offenses.''.

SEC. 3. NONDISCHARGEABILITY OF RESTITUTION ORDERED UNDER CRIMINAL LAW 
              OF STATES.

    Section 523(a)(13) of title 11, United States Code, is amended by 
striking ``, United States Code'' and inserting ``or under the criminal 
law of a State'' after ``title 18''.
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