[Congressional Record Volume 141, Number 3 (Friday, January 6, 1995)]
[Senate]
[Page S564]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page S564]]
          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. NICKLES (for himself, Mr. Kyl, Mr. Thurmond, and Mr. 
        Grassley):
  S. 173. A bill to provide for restitution of victims of crimes, and 
for other purposes; to the Committee on the Judiciary.


                     crime victims restitution act

  Mr. NICKLES. Mr. President, I have come to the floor today to 
reintroduce the Crime Victims Restitution Act. Last fall when the 
Senate passed it's version of the crime bill, I lauded the inclusion of 
my victim's rights and mandatory restitution provisions in the 
legislation. Three years ago, I introduced the Victim's Rights and 
Restitution Act, and many of those victim's rights provisions passed as 
part of the 1990 crime bill. However, each time this restitution 
provision has passed the Senate it has subsequently been dropped in 
conference.
  Pasage of this legislation would signal a great victory for all 
victims of crime. If these provisions become law, crime victims will 
enjoy rights at the Federal level that many States already guarantee. 
Most important are the act's restitution provisions, making criminals 
pay for their crimes. Under the legislation, crime victims will be 
entitled to receive full financial compensation directly from the 
criminal in the form of mandatory restitution.
  Over the last several years, it seems we have continuously debated 
what should be done to improve our Nation's judicial system. Now is the 
time to do something about it. I strongly believe our judicial system 
needs fundamental reform to help our police officers and courts deal 
with the overwhelming increase in crime. Furthermore, it is crucial 
that while trying to facilitate more effective and efficient methods of 
dealing with criminals, we must not forget about the most important 
part of the crime-fighting equation: The victims.
  In 1990, I authored the crime victim's bill of rights which passed as 
part of the 1990 crime bill. For crimes tried in Federal court, victims 
now have the right to be notified of and involved in court proceedings, 
the right to be protected from the accused, the right to be treated 
fairly and with respect, and the right to be informed of the detention 
status of the convicted criminal.
  However, passage of just the victims rights portion of my proposal 
left some unfinished business. Crime victims should be entitled to 
compensation for losses sustained from their victimization. This 
glaring inequity was remedied in the crime bill when it passed the 
Senate last year. It contained mandates that courts order restitution 
in all Federal criminal cases. Victims would be able to recover 
financial losses resulting from the criminal act. This restitution 
order would be a condition of any form of release for the offender. The 
legislation would ensure that the criminal not only pays his debt to 
society, but he also pays his debt to his victim. However, the 
Democrats in the House voted to delete these provisions from the final 
crime bill.
  The provisions of this legislation also overturn the Supreme Court's 
ruling in the Hughey case which stated restitution could not be ordered 
for crimes beyond the scope of the offense of conviction. So, if a 
criminal is convicted of a criminal offense, but plea bargains his way 
out of a conviction on a second offense, he cannot be held responsible 
to repay the victim of the second offense. This obvious shortcoming 
would be corrected by allowing the court to consider the course of 
criminal conduct and order restitution for crimes other than the 
offense of conviction. Plea bargains should not result in victims being 
denied the justice they deserve which certainly includes full 
restitution from the offender.
  Over the years mandatory restitution has received the written 
endorsements of victim rights experts across the Nation including the 
National Organization for Victim Assistance, the National Victim 
Center, Mothers Against Drunk Driving, and the National Coalition 
Against Sexual Assault.
  This landmark victim's legislation needs to be enacted into law. 
Mandatory restitution, while not healing all the wounds associated with 
a crime, will provide some compensation to help people who have been 
victimized and allow them to get their lives back in order. If Congress 
reconsiders crime legislation this year, these provisions certainly 
need to be a part of the final bill.


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