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Calendar No. 257
104th CONGRESS
1st Session
H. R. 665
[Report No. 104-179]
_______________________________________________________________________
AN ACT
To control crime by mandatory victim restitution.
_______________________________________________________________________
December 6, 1995
Reported with an amendment and an amendment to the title
Calendar No. 257
104th CONGRESS
1st Session
H. R. 665
[Report No. 104-179]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 8 (legislative day, January 30), 1995
Received; read twice and referred to the Committee on the Judiciary
December 6, 1995
Reported by Mr. Hatch, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
To control crime by mandatory victim restitution.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Victim Restitution Act of
1995''.</DELETED>
<DELETED>SEC. 2. MANDATORY RESTITUTION AND OTHER PROVISIONS.</DELETED>
<DELETED> (a) Order of Restitution.--Section 3663 of title 18,
United States Code, is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) by striking ``may order, in
addition to or, in the case of a misdemeanor,
in lieu of any other penalty authorized by
law'' and inserting ``shall order'';
and</DELETED>
<DELETED> (ii) by adding at the end the
following: ``The requirement of this paragraph
does not affect the power of the court to
impose any other penalty authorized by law. In
the case of a misdemeanor, the court may impose
restitution in lieu of any other penalty
authorized by law.'';</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(4) In addition to ordering restitution to the victim of
the offense of which a defendant is convicted, a court may order
restitution to any person who, as shown by a preponderance of evidence,
was harmed physically, emotionally, or pecuniarily, by unlawful conduct
of the defendant during--</DELETED>
<DELETED> ``(A) the criminal episode during which the
offense occurred; or</DELETED>
<DELETED> ``(B) the course of a scheme, conspiracy, or
pattern of unlawful activity related to the
offense.'';</DELETED>
<DELETED> (2) in subsection (b)(1)(B) by striking
``impractical'' and inserting ``impracticable'';</DELETED>
<DELETED> (3) in subsection (b)(2) by inserting ``emotional
or'' after ``resulting in'';</DELETED>
<DELETED> (4) in subsection (b)--</DELETED>
<DELETED> (A) by striking ``and'' at the end of
paragraph (4);</DELETED>
<DELETED> (B) by redesignating paragraph (5) as
paragraph (6); and</DELETED>
<DELETED> (C) by inserting after paragraph (4) the
following new paragraph:</DELETED>
<DELETED> ``(5) in any case, reimburse the victim for lost
income and necessary child care, transportation, and other
expenses related to participation in the investigation or
prosecution of the offense or attendance at proceedings related
to the offense; and'';</DELETED>
<DELETED> (5) in subsection (c) by striking ``If the court
decides to order restitution under this section, the'' and
inserting ``The'';</DELETED>
<DELETED> (6) by striking subsections (d), (e), (f), (g),
and (h);</DELETED>
<DELETED> (7) by redesignating subsection (i) as subsection
(m); and</DELETED>
<DELETED> (8) by inserting after subsection (c) the
following:</DELETED>
<DELETED> ``(d)(1) The court shall order restitution to a victim in
the full amount of the victim's losses as determined by the court and
without consideration of--</DELETED>
<DELETED> ``(A) the economic circumstances of the offender;
or</DELETED>
<DELETED> ``(B) the fact that a victim has received or is
entitled to receive compensation with respect to a loss from
insurance or any other source.</DELETED>
<DELETED> ``(2) Upon determination of the amount of restitution owed
to each victim, the court shall specify in the restitution order the
manner in which and the schedule according to which the restitution is
to be paid, in consideration of--</DELETED>
<DELETED> ``(A) the financial resources and other assets of
the offender;</DELETED>
<DELETED> ``(B) projected earnings and other income of the
offender; and</DELETED>
<DELETED> ``(C) any financial obligations of the offender,
including obligations to dependents.</DELETED>
<DELETED> ``(3) A restitution order may direct the offender to make
a single, lump-sum payment, partial payment at specified intervals, or
such in-kind payments as may be agreeable to the victim and the
offender. A restitution order shall direct the offender to give
appropriate notice to victims and other persons in cases where there
are multiple victims or other persons who may receive restitution, and
where the identity of such victims and other persons can be reasonably
determined.</DELETED>
<DELETED> ``(4) An in-kind payment described in paragraph (3) may be
in the form of--</DELETED>
<DELETED> ``(A) return of property;</DELETED>
<DELETED> ``(B) replacement of property; or</DELETED>
<DELETED> ``(C) services rendered to the victim or to a
person or organization other than the victim.</DELETED>
<DELETED> ``(e) When the court finds that more than 1 offender has
contributed to the loss of a victim, the court may make each offender
liable for payment of the full amount of restitution or may apportion
liability among the offenders to reflect the level of contribution and
economic circumstances of each offender.</DELETED>
<DELETED> ``(f) When the court finds that more than 1 victim has
sustained a loss requiring restitution by an offender, the court shall
order full restitution to each victim but may provide for different
payment schedules to reflect the economic circumstances of each
victim.</DELETED>
<DELETED> ``(g)(1) If the victim has received or is entitled to
receive compensation with respect to a loss from insurance or any other
source, 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 restitution to victims
required by the order be paid to the victims before any restitution is
paid to such a provider of compensation.</DELETED>
<DELETED> ``(2) The issuance of a restitution order shall not affect
the entitlement of a victim to receive compensation with respect to a
loss from insurance or any other source until the payments actually
received by the victim under the restitution order fully compensate the
victim for the loss, at which time a person that has provided
compensation to the victim shall be entitled to receive any payments
remaining to be paid under the restitution order.</DELETED>
<DELETED> ``(3) Any amount paid to a victim under an order of
restitution shall be set off against any amount later recovered as
compensatory damages by the victim in--</DELETED>
<DELETED> ``(A) any Federal civil proceeding; and</DELETED>
<DELETED> ``(B) any State civil proceeding, to the extent
provided by the law of the State.</DELETED>
<DELETED> ``(h) A restitution order shall provide that--</DELETED>
<DELETED> ``(1) all fines, penalties, costs, restitution
payments and other forms of transfers of money or property made
pursuant to the sentence of the court shall be made by the
offender to an entity designated by the Director of the
Administrative Office of the United States Courts for
accounting and payment by the entity in accordance with this
subsection;</DELETED>
<DELETED> ``(2) the entity designated by the Director of the
Administrative Office of the United States Courts shall--
</DELETED>
<DELETED> ``(A) log all transfers in a manner that
tracks the offender's obligations and the current
status in meeting those obligations, unless, after
efforts have been made to enforce the restitution order
and it appears that compliance cannot be obtained, the
court determines that continued recordkeeping under
this subparagraph would not be useful; and</DELETED>
<DELETED> ``(B) notify the court and the interested
parties when an offender is 30 days in arrears in
meeting those obligations; and</DELETED>
<DELETED> ``(3) the offender shall advise the entity
designated by the Director of the Administrative Office of the
United States Courts of any change in the offender's address
during the term of the restitution order.</DELETED>
<DELETED> ``(i) A restitution order shall constitute a lien against
all property of the offender and may be recorded in any Federal or
State office for the recording of liens against real or personal
property.</DELETED>
<DELETED> ``(j) Compliance with the schedule of payment and other
terms of a restitution order shall be a condition of any probation,
parole, or other form of release of an offender. If a defendant fails
to comply with a restitution order, the court may revoke probation or a
term of supervised release, modify the term or conditions of probation
or a term of supervised release, hold the defendant in contempt of
court, enter a restraining order or injunction, order the sale of
property of the defendant, accept a performance bond, or take any other
action necessary to obtain compliance with the restitution order. In
determining what action to take, the court shall consider the
defendant's employment status, earning ability, financial resources,
the willfulness in failing to comply with the restitution order, and
any other circumstances that may have a bearing on the defendant's
ability to comply with the restitution order.</DELETED>
<DELETED> ``(k) An order of restitution may be enforced--</DELETED>
<DELETED> ``(1) by the United States--</DELETED>
<DELETED> ``(A) in the manner provided for the
collection and payment of fines in subchapter B of
chapter 229 of this title; or</DELETED>
<DELETED> ``(B) in the same manner as a judgment in
a civil action; and</DELETED>
<DELETED> ``(2) by a victim named in the order to receive
the restitution, in the same manner as a judgment in a civil
action.</DELETED>
<DELETED> ``(l) A victim or the offender may petition the court at
any time to modify a restitution order as appropriate in view of a
change in the economic circumstances of the offender.''.</DELETED>
<DELETED> (b) Procedure for Issuing Order of Restitution.--Section
3664 of title 18, United States Code, is amended--</DELETED>
<DELETED> (1) by striking subsection (a);</DELETED>
<DELETED> (2) by redesignating subsections (b), (c), (d),
and (e) as subsections (a), (b), (c), and (d);</DELETED>
<DELETED> (3) by amending subsection (a), as redesignated by
paragraph (2), to read as follows:</DELETED>
<DELETED> ``(a) The court may order the probation service of the
court to obtain information pertaining to the amount of loss sustained
by any victim as a result of the offense, the financial resources of
the defendant, the financial needs and earning ability of the defendant
and the defendant's dependents, and such other factors as the court
deems appropriate. The probation service of the court shall include the
information collected in the report of presentence investigation or in
a separate report, as the court directs.''; and</DELETED>
<DELETED> (4) by adding at the end thereof the following new
subsection:</DELETED>
<DELETED> ``(e) The court may refer any issue arising in connection
with a proposed order of restitution to a magistrate 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.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Victims Justice Act of 1995''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--RESTITUTION
Sec. 101. Order of restitution.
Sec. 102. Conditions of probation.
Sec. 103. Mandatory restitution.
Sec. 104. Order of restitution to victims of other crimes.
Sec. 105. Procedure for issuance and enforcement of restitution order.
Sec. 106. Procedure.
Sec. 107. Juvenile delinquency; dispositional hearing.
Sec. 108. Instruction to Sentencing Commission.
Sec. 109. Justice Department regulations.
Sec. 110. Special assessments on convicted persons.
Sec. 111. Crime Victims Fund.
Sec. 112. Victims of terrorism act.
Sec. 113. Effective date.
TITLE II--MISCELLANEOUS PROVISIONS
Sec. 201. Severability.
Sec. 202. Study and report.
TITLE I--RESTITUTION
SEC. 101. ORDER OF RESTITUTION.
Section 3556 of title 18, United States Code, is amended--
(1) by striking ``may'' and inserting ``shall''; and
(2) by striking ``sections 3663 and 3664.'' and inserting
``3663A, and may order restitution in accordance with section
3663. The procedures under section 3664 shall apply to all
orders of restitution under this section.''.
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