[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2344 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2344

         To amend section 2259 of title 18, United States Code.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 15, 2014

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

_______________________________________________________________________

                                 A BILL


 
         To amend section 2259 of title 18, United States Code.

    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 ``Justice for Amy Act of 2014''.

SEC. 2. MANDATORY RESTITUTION.

    Section 2259 of title 18, United States Code, is amended to read as 
follows:
``Sec. 2259. Mandatory restitution
    ``(a) Mandatory Restitution.--
            ``(1) 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 for any 
        offense under this chapter.
            ``(2) Requirements.--Under this section--
                    ``(A) the issuance of a restitution order is 
                mandatory; and
                    ``(B) a court may not decline to issue a 
                restitution order because of--
                            ``(i) the economic circumstances of the 
                        defendant; or
                            ``(ii) the fact that a victim has received, 
                        or is entitled to receive, compensation for his 
                        or her injuries from the proceeds of insurance 
                        or any other source.
    ``(b) Restitution for Child Pornography Offenses.--
            ``(1) Calculation of victim's losses.--For a victim of a 
        child pornography offense, the court shall apply the principle 
        of aggregate causation to determine the full amount of the 
        victim's losses caused by the child pornography offense and all 
        related sexual abuse offenses committed by all persons against 
        the victim. The amount of victim's losses shall include any 
        costs incurred by the victim for--
                    ``(A) medical services relating to physical, 
                psychiatric, or psychological care;
                    ``(B) physical and occupational therapy or 
                rehabilitation;
                    ``(C) necessary transportation, temporary housing, 
                and child care expenses;
                    ``(D) lost income;
                    ``(E) attorneys' fees, as well as other costs 
                incurred; and
                    ``(F) any other losses aggregately caused by the 
                offenses.
            ``(2) Enforcement.--An order of restitution for a child 
        pornography offense shall--
                    ``(A) direct the defendant to pay the victim 
                (through the appropriate court mechanism) the full 
                amount of the victim's losses determined under 
                paragraph (1); and
                    ``(B) be issued and enforced in accordance with 
                subsections (a) through (d) and subsections (f) through 
                (p) of section 3664.
            ``(3) Joint and several liability.--A defendant convicted 
        of a child pornography offense or a related sexual abuse 
        offense against a victim shall be jointly and severally liable 
        for the victim's losses determined under paragraph (1) and each 
        defendant found to be jointly and severally liable shall pay an 
        equal percentage of such losses.
            ``(4) Contribution.--
                    ``(A) Suit by convicted defendants.--A defendant 
                convicted of a child pornography offense or a related 
                sexual abuse offense against a victim may bring a civil 
                action in a district court of the United States, based 
                upon a preponderance of the evidence, for contribution 
                against all other persons who have committed a related 
                sexual abuse offense against the victim.
                    ``(B) Suit by other persons.--A person who has been 
                held jointly or severally liable in a civil action 
                under subparagraph (C)(iii) may bring a civil action in 
                a district court of the United States for contribution 
                against all other persons who have committed a related 
                sexual abuse offense against the victim.
                    ``(C) Requirements for civil action.--In a civil 
                action filed under subparagraph (A) or (B)--
                            ``(i) the identity of the respondent in the 
                        civil action shall be kept confidential if the 
                        respondent has not been convicted of the 
                        offense alleged in the civil action, except 
                        that the identity of the respondent--
                                    ``(I) may be released by the Court 
                                to a Federal or local law enforcement 
                                agency for law enforcement purposes; 
                                and
                                    ``(II) shall be made public if the 
                                respondent--
                                            ``(aa) enters into a 
                                        settlement agreement in the 
                                        civil action; or
                                            ``(bb) is held liable in 
                                        the civil action;
                            ``(ii) the court shall determine whether 
                        the petitioner is entitled to contribution 
                        based on a preponderance of the evidence;
                            ``(iii) the court shall determine whether 
                        the respondent has committed a related sexual 
                        abuse offense against the victim based on a 
                        preponderance of the evidence;
                            ``(iv) if the court finds that the 
                        respondent has committed a related sexual abuse 
                        offense against the victim, the respondent 
                        shall be jointly and severally liable for the 
                        victim's losses determined under paragraph (1);
                            ``(v) the court shall order each person 
                        found to be jointly and severally liable for 
                        the victim's losses determined under paragraph 
                        (1) to pay an equal percentage of such losses; 
                        and
                            ``(vi) in the case of a settlement 
                        agreement, if the petitioner has not paid in 
                        full the amount owed to the victim under an 
                        order of restitution entered under this 
                        section, any payment agreed to be made by the 
                        respondent shall be paid directly to the 
                        victim.
    ``(c) Restitution for Other Offenses Under This Chapter.--
            ``(1) Calculation of victim's losses.--The order of 
        restitution for an offense committed under this chapter, other 
        than a child pornography offense, shall direct the defendant to 
        pay the victim (through the appropriate court mechanism) the 
        full amount of the victim's losses suffered as a proximate 
        result of the defendant's offense. The amount shall include any 
        costs incurred by the victim for--
                    ``(A) medical services relating to physical, 
                psychiatric, or psychological care;
                    ``(B) physical and occupational therapy or 
                rehabilitation;
                    ``(C) necessary transportation, temporary housing, 
                and child care expenses;
                    ``(D) lost income;
                    ``(E) attorneys' fees, as well as other costs 
                incurred; and
                    ``(F) any other losses proximately caused by the 
                offense.
            ``(2) Enforcement.--An order of restitution for an offense 
        committed under this chapter, other than a child pornography 
        offense, shall be issued and enforced in accordance with 
        section 3664.
    ``(d) Definitions.--For purposes of this section--
            ``(1) the term `child pornography offense' means an offense 
        committed under section 2251, 2251A, 2252, 2252A, or 2260;
            ``(2) the term `related sexual abuse offense' means any 
        offense committed under section 2251, 2251A, 2252, 2252A, or 
        2260 against a victim of a child pornography offense that is 
        related to the production, transport, shipping, distribution, 
        mail, sale, receipt, access, possession, or viewing of a visual 
        depiction (as described in section 2251, 2251A, 2252, or 2260) 
        or child pornography (as described in section 2252A) that is 
        the subject of the child pornography offense against the 
        victim; and
            ``(3) 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.''.

SEC. 3. REPORT.

    Not later than 1 year after the date of enactment of this Act, the 
Attorney General shall submit to Congress a report on the efforts of 
the Department of Justice to collect restitution for victims of child 
pornography.
                                 <all>