[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5673 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5673

 To amend title 18, United States Code, to make restitution mandatory 
for Federal crimes, and to simplify and streamline its procedures, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 22, 2006

    Mr. Chabot (for himself, Mr. Poe, Mr. Gohmert, and Mr. Gingrey) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to make restitution mandatory 
for Federal crimes, and to simplify and streamline its procedures, 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 ``Criminal Restitution Improvement Act 
of 2006''.

SEC. 2. MANDATORY RESTITUTION FOR FEDERAL OFFENSES.

    Title 18, United States Code, is amended by striking section 3663 
and all that follows through section 3664 and inserting the following:
``Sec. 3663. Mandatory restitution
    ``(a) Restitution Required.--The court shall order a convicted 
defendant to make restitution for all pecuniary loss to identifiable 
victims, including pecuniary loss resulting from physical injury to, or 
the death of, another, proximately resulting from the offense.
    ``(b) To Whom Made.--
            ``(1) Generally.--The court shall order restitution be made 
        to each victim of the offense.
            ``(2) Definition of victim.--As used in this section and 
        section 3664, the term `victim' means--
                    ``(A) each identifiable person or entity suffering 
                the pecuniary loss (and any successor to that person or 
                entity); and
                    ``(B) others, as agreed to in a plea agreement or 
                otherwise provided by law.
    ``(c) Extent of Restitution.--Restitution shall compensate the 
victim for all of the victim's pecuniary loss, including--
            ``(1) the victim's costs of seeking and collecting 
        restitution;
            ``(2) in the case of an offense resulting in bodily injury 
        to a victim--
                    ``(A) 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) an amount equal to the cost of necessary 
                physical and occupational therapy and rehabilitation; 
                and
                    ``(C) 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, amount equal to the 
        cost of necessary funeral and related services; and
            ``(4) 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.
    ``(d) Special Rule for Misdemeanors.--In the case of a misdemeanor, 
an order of restitution may be in lieu of any other penalty.
    ``(e) Alternative Arrangements in Light of Practical Problems.--The 
court shall provide as complete a restitution to as many victims as 
possible, though not the full restitution to all victims otherwise 
required by this section, to the extent the court finds on the record 
that--
            ``(1) the number of identifiable victims is so large as to 
        make restitution impracticable; or
            ``(2) determining complex issues of fact related to the 
        cause or amount of a victim's losses would complicate or 
        prolong the sentencing process to such a degree that the need 
        to provide restitution to that victim is outweighed by the 
        burden on the sentencing process.
``Sec. 3664. Procedure for issuance and enforcement of order of 
              restitution
    ``(a) Report by Probation Officer.--
            ``(1) Duty to make.--The probation officer shall obtain and 
        include in the presentence report, or in a separate report, as 
        the court may direct, information sufficient for the court to 
        fashion a restitution order.
            ``(2) Contents.--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 impracticable, the probation officer shall so 
        inform the court and make the best efforts possible to estimate 
        the loss and identify the victims.
    ``(b) Disclosure to Parties.--The court shall disclose to the 
defendant, the attorney for the Government, and, upon request, 
potential recipients of restitution, all portions of the presentence or 
other report pertaining to the matters described in subsection (a).
    ``(c) Information From Attorney for the Government.--The attorney 
for the Government shall provide to the probation officer any 
information the Attorney for the Government has relevant to the matters 
required to be reported under subsection (a).
    ``(d) Notice to Victims.--The probation officer shall, before 
submitting the presentence report under subsection (a), to the extent 
practicable--
            ``(1) provide notice to all identified victims of--
                    ``(A) the offense or offenses of which the 
                defendant was convicted;
                    ``(B) the amounts subject to restitution submitted 
                to the probation officer;
                    ``(C) the opportunity of the victim to submit 
                information to the probation officer concerning the 
                amount of the victim's losses;
                    ``(D) the scheduled date, time, and place of the 
                sentencing hearing;
                    ``(E) the availability of a lien in favor of the 
                victim; and
                    ``(F) the opportunity of the victim to file with 
                the probation officer a separate affidavit relating to 
                the amount of the victim's losses subject to 
                restitution; and
            ``(2) provide the victim with an affidavit form to submit 
        pursuant to paragraph (1)(F).
    ``(e) Defendant's Affidavit as to Finances.--Each defendant shall 
prepare and file with the probation officer 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 such other information that the court requires relating to such 
other factors as the court deems appropriate.
    ``(f) Additional Documentation or Testimony.--After reviewing the 
report of the probation officer, 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.
    ``(g) Date for Final Determination.--If a victim's losses are not 
ascertainable by the date that is 10 days before sentencing, the 
attorney for the Government or the probation officer 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 restitution.
    ``(h) Referral to Magistrate or Special Master.--The court may 
refer any issue arising in connection with a proposed order of 
restitution to a magistrate judge 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.
    ``(i) Burdens of Proof.--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 of restitution 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'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.
    ``(j) Order of Payment.--
            ``(1) Upon determination of the amount of restitution owed 
        to each victim, the court shall order that the full amount of 
        restitution is due and payable immediately.
            ``(2) The court shall specify in the restitution order the 
        manner in which the restitution is to be paid. The court may 
        provide for payment in installments according to a schedule, 
        based on--
                    ``(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) The Attorney General may collect and apply unreported 
        or otherwise newly available assets to the payment of 
        restitution, without regard to any installment payment 
        provisions.
    ``(k) Order as Final Judgment.--A sentence that imposes an order of 
restitution is a final judgment notwithstanding the fact that--
            ``(1) such a sentence can subsequently be--
                    ``(A) corrected under Rule 35 of the Federal Rules 
                of Criminal Procedure and section 3742 of chapter 235 
                of this title;
                    ``(B) appealed and modified under section 3742;
                    ``(C) amended under subsection (d)(5); or
                    ``(D) adjusted under section 3664(k), 3572, or 
                3613A; or
            ``(2) the defendant may be resentenced under section 3565 
        or 3614.
    ``(l) Joint and Several Responsibility.--If the offense involves 
more than one defendant, the court may order each defendant jointly and 
severally liable for any or all of the restitution.
    ``(m) Supervised Release.--A court shall not terminate a term of 
supervised release under section 3583(e) before the order to pay 
restitution has been completely satisfied. A court shall extend a term 
of supervised release beyond that otherwise imposed under other 
provisions of law, until the defendant has paid the restitution in full 
or the court determines the economic circumstances of the defendant do 
not allow the payment of any further restitution. If the supervised 
release is extended under this subsection, the court shall order that 
the sole condition of supervised release shall be payment of 
restitution.
    ``(n) Effect of Insurance and Other Compensation.--
            ``(1) Insurance.--In no case shall the fact that a victim 
        receives 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. If a victim receives 
        compensation from insurance or any other source with respect to 
        a loss, the court shall order that restitution be paid to the 
        person who provided or is obligated to provide the 
        compensation, but the restitution order shall provide that all 
        victims be paid before such a provider of compensation.
            ``(2) Other compensation.--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.
    ``(o) Details of Payments.--
            ``(1) Minimum payment required.--A restitution order may 
        direct the defendant to make nominal periodic payments if the 
        court finds 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.
            ``(2) In-kind payments.--An in-kind payment may be in the 
        form of return of property, replacement of property, or if the 
        victim agrees, services rendered to the victim or a person or 
        organization other than the victim.
    ``(p) Different Payment Schedules for Multiple Victims.--If the 
court finds that more than 1 victim has sustained a loss requiring 
restitution by a defendant, the court may provide for a different 
payment schedule for each victim, based on their individual losses and 
economic circumstances. In any case in which the United States is a 
victim, the court shall ensure that all other victims receive full 
restitution before the United States receives any restitution.
    ``(q) Material Change in Defendant's Ability to Pay.--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 victims 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.
    ``(r) Name and Address Changes.--It is the responsibility of the 
victim to provide any change in name or mailing address to the court 
while restitution is still owed. Not later than 30 days after any 
change in name or mailing or residence address, a person owing 
restitution shall promptly report the change to the court. The 
confidentiality of any information relating to a victim shall be 
maintained.
    ``(s) Enforcement.--
            ``(1) Generally.--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.
            ``(2) Abstract of judgment.--At the request of a victim 
        named in a restitution order, the clerk of the court shall 
        issue an abstract of judgment certifying that a judgment has 
        been entered in favor of such victim in the amount specified in 
        the restitution order. Upon registering, recording, docketing, 
        or indexing such abstract in accordance with the rules and 
        requirements relating to judgments of the court of the State 
        where the district court is located, the abstract of judgment 
        shall be a lien on the property of the defendant located in 
        such State in the same manner and to the same extent and under 
        the same conditions as a judgment of a court of general 
        jurisdiction in that State.
            ``(3) Special rule for in-kind orders.--An order of in-kind 
        restitution in the form of services shall be enforced by the 
        probation officer.
    ``(t) Effect of Additional Resources.--If a person obligated to 
provide restitution, or pay a fine, receives additional resources from 
any source, including inheritance, settlement, or other judgment, 
during a period of incarceration or supervision, such person shall be 
required to apply the value of such resources to any restitution or 
fine still owed.
    ``(u) Rights of Victims.--
            ``(1) Not required to participate.--No victim shall be 
        required to participate in any phase of a restitution order.
            ``(2) Assignment to fund.--A victim may at any time assign 
        an 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.
    ``(v) No Cause of Action Created Against the United States or Its 
Officers or Employees.--Nothing in this section or section or 3663 
shall be construed to create a cause of action not otherwise authorized 
in favor of any person against the United States or any officer or 
employee of the United States.''.

SEC. 3. TABLE OF SECTIONS AMENDMENT.

    The table of sections at the beginning of chapter 232 of title 18, 
United States Code, is amended by striking the item relating to 
sections 3663 and all that follows the item relating to section 3664 
and inserting the following:

``3663. Mandatory restitution.
``3664. Procedure for issuance and enforcement of order of 
                            restitution.''.

SEC. 4. EFFECT OF RESTITUTION ORDER ON SENTENCE OF PROBATION.

    Section 3564 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(f) Relation to Restitution Order.--The court shall not terminate 
a term of probation under section 3564(c) if the defendant has an 
unsatisfied order of restitution. The court shall extend probation for 
such a defendant beyond any term otherwise provided by law until the 
order is satisfied or the court determines the economic circumstances 
of the defendant do not allow the payment of any further restitution.. 
The sole condition of such extended probation shall be the satisfaction 
of that order.''.

SEC. 5. CONFORMING AMENDMENTS AND REPEALS.

    (a) Elimination of Specialized Mandatory Restitution Provisions.--
Title 18, United States Code, is amended by striking--
            (1) section 1593;
            (2) section 2248;
            (3) section 2259;
            (4) section 2264; and
            (5) section 2327.
    (b) Conforming Amendments to Tables.--The table of sections for 
each of the chapters of title 18, United States Code, from which a 
section is striken by subsection (a) is amended by striking the item 
relating to that section.
    (c) Elimination of Procedural Matters Moved to Restitution 
Sections.--Section 3612(b)(1) of title 18, United States Code, is 
amended--
            (1) by striking subparagraphs (F) and (G);
            (2) by inserting ``and'' at the end of subparagraph (D); 
        and
            (3) by striking the semicolon at the end of subparagraph 
        (E) and inserting a period.
    (d) Cross Reference Corrections.--Section 3563(a)(6)(A) of title 
18, United States Code, is amended by striking ``2248, 2259, 2327, 
3663, 3663A, and 3664'' and inserting ``3663 and 3664''.

SEC. 6. SPECIAL FORFEITURE OF COLLATERAL PROFITS FROM CRIME.

    Subsection (a) of section 3681 of title 18, United States Code, is 
amended by striking `` the interest of justice or an order of 
restitution'' and all that follows through the end of the subsection 
and inserting ``the compelling interest of preventing wrongdoers from 
profiting from their crimes or of providing restitution to the victims 
of those crimes so requires, order the offender (or any transferee of 
that defendant) to forfeit any profits made possible by the offense.''.

SEC. 7. MASHA'S LAW.

    (a) In General.--Section 2255 of title 18, United States Code, is 
amended to read as follows:
``Sec. 2255. Civil remedy
    ``(a) Any person who is a victim while a minor of a violation of 
section 2241(c), 2242, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 
2423 may in a civil action obtain appropriate relief.
    ``(b) A plaintiff in an action under this section shall be deemed 
to have sustained damages of no less than $150,000 in value.
    ``(c) An action under this section is barred if the complaint is 
filed more than 10 years after the right of action accrues.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 110 of title 18, United States Code, is amended so that the 
item relating to section 2255 reads as follows:

``2255. Civil remedy.''.
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