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103D CONGRESS

1ST SESSION H. R. 3367

To provide restitution to crime victims.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 26, 1993

Mr. OXLEY (for himself and Mr. MICHEL) introduced the following bill; which

was referred to the Committee on the Judiciary

A BILL

To provide restitution to crime victims.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Crime Victims’ Res5 titution Act of 1993’’.

6 SEC. 2. AMENDMENT OF RESTITUTION PROVISIONS.

7 (a) ORDER OF RESTITUTION.—Section 3663 of title

8 18, United States Code, is amended—

9 (1) in subsection (a) by—

10 (A) striking ‘‘(a) The court’’ and inserting

11 ‘‘(a)(1) The court’’;
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1 (B) striking ‘‘may order’’ and inserting

2 ‘‘shall order’’; and

3 (C) adding at the end thereof the following

4 new paragraph:

5 ‘‘(4) In addition to ordering restitution of the victim

6 of the offense of which a defendant is convicted, a court

7 may order restitution of any person who, as shown by a

8 preponderance of evidence, was harmed physically, emo9 tionally, or pecuniarily, by unlawful conduct of the defend10 ant during—

11 ‘‘(A) the criminal episode during which the of12 fense occurred; or

13 ‘‘(B) the course of a scheme, conspiracy, or pat14 tern of unlawful activity related to the offense.’’;

15 (2) in subsection (b)(1)(A) by striking ‘‘imprac16 tical’’ and inserting ‘‘impracticable’’;

17 (3) in subsection (b)(2) by inserting ‘‘emotional

18 or’’ after ‘‘resulting in’’;

19 (4) in subsection (c) by striking ‘‘If the Court

20 decides to order restitution under this section, the’’

21 and inserting ‘‘The’’;

22 (5) by striking subsections (d), (e), (f), (g), and

23 (h); and

24 (6) by adding at the end thereof the following

25 new subsections:
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1 ‘‘(d)(1) The court shall order restitution to a victim

2 in the full amount of the victim’s losses as determined by

3 the court and without consideration of—

4 ‘‘(A) the economic circumstances of the of5 fender; or

6 ‘‘(B) the fact that a victim has received or is

7 entitled to receive compensation with respect to a

8 loss from insurance or any other source.

9 ‘‘(2) Upon determination of the amount of restitution

10 owed to each victim, the court shall specify in the restitu11 tion order the manner in which and the schedule according

12 to which the restitution is to be paid, in consideration of—

13 ‘‘(A) the financial resources and other assets of

14 the offender;

15 ‘‘(B) projected earnings and other income of

16 the offender; and

17 ‘‘(C) any financial obligations of the offender,

18 including obligations to dependents.

19 ‘‘(3) A restoration order may direct the offender to

20 make a single, lump-sum payment, partial payment at

21 specified intervals, or such in-kind payments as may be

22 agreeable to the victim and the offender.

23 ‘‘(4) An in-kind payment described in paragraph (3)

24 may be in the form of—

25 ‘‘(A) return of property;
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1 ‘‘(B) replacement of property; or

2 ‘‘(C) services rendered to the victim or to a per3 son or organization other than the victim.

4 ‘‘(e) When the court finds that more than 1 offender

5 has contributed to the loss of a victim, the court may make

6 each offender liable for payment of the full amount of res7 titution or may apportion liability among the offenders to

8 reflect the level of contribution and economic cir9 cumstances of each offender.

10 ‘‘(f) When the court finds that more than 1 victim

11 has sustained a loss requiring restitution by an offender,

12 the court shall order full restitution of each victim but may

13 provide for different payment schedules to reflect the eco14 nomic circumstances of each victim.

15 ‘‘(g)(1) If the victim has received or is entitled to re16 ceive compensation with respect to a loss from insurance

17 or any other source, the court shall order that restitution

18 be paid to the person who provided or is obligated to pro19 vide the compensation, but the restitution order shall pro20 vide that all restitution of victims required by the order

21 be paid to the victims before any restitution is paid to

22 such a provider of compensation.

23 ‘‘(2) The issuance of a restitution order shall not af24 fect the entitlement of a victim to receive compensation

25 with respect to a loss from insurance or any other source
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1 until the payments actually received by the victim under

2 the restitution order fully compensate the victim for the

3 loss, at which time a person that has provided compensa4 tion to the victim shall be entitled to receive any payments

5 remaining to be paid under the restitution order.

6 ‘‘(3) Any amount paid to a victim under an order of

7 restitution shall be set off against any amount later recov8 ered as compensatory damages by the victim in—

9 ‘‘(A) any Federal civil proceeding; and

10 ‘‘(B) any State civil proceeding, to the extent

11 provided by the law of the State.

12 ‘‘(h) A restitution order shall provide that—

13 ‘‘(1) all fines, penalties, costs, restitution pay14 ments and other forms of transfers of money or

15 property made pursuant to the sentence of the court

16 shall be made by the offender to the clerk of the

17 court for accounting and payment by the clerk in ac18 cordance with this subsection;

19 ‘‘(2) the clerk of the court shall—

20 ‘‘(A) log all transfers in a manner that

21 tracks the offender’s obligations and the cur22 rent status in meeting those obligations, unless,

23 after efforts have been made to enforce the res24 titution order and it appears that compliance

25 cannot be obtained, the court determines that
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1 continued recordkeeping under this subpara2 graph would not be useful;

3 ‘‘(B) notify the court and the interested

4 parties when an offender is 90 days in arrears

5 in meeting those obligations; and

6 ‘‘(C) disburse money received from an of7 fender so that each of the following obligations

8 is paid in full in the following sequence:

9 ‘‘(i) a penalty assessment under sec10 tion 3013 of title 18, United States Code;

11 ‘‘(ii) restitution of all victims; and

12 ‘‘(iii) all other fines, penalties, costs,

13 and other payments required under the

14 sentence; and

15 ‘‘(3) the offender shall advise the clerk of the

16 court of any change in the offender’s address during

17 the term of the restitution order.

18 ‘‘(i) A restitution order shall constitute a lien against

19 all property of the offender and may be recorded in any

20 Federal or State office for the recording of liens against

21 real or personal property.

22 ‘‘(j) Compliance with the schedule of payment and

23 other terms of a restitution order shall be a condition of

24 any probation, parole, or other form of release of an of25 fender. If a defendant fails to comply with a restitution
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1 order, the court may revoke probation or a term of super2 vised release, modify the term or conditions of probation

3 or a term of supervised release, hold the defendant in con4 tempt of court, enter a restraining order or injunction,

5 order the sale of property of the defendant, accept a per6 formance bond, or take any other action necessary to ob7 tain compliance with the restitution order. In determining

8 what action to take, the court shall consider the defend9 ant’s employment status, earning ability, financial re10 sources, the willfulness in failing to comply with the res11 titution order, and any other circumstances that may have

12 a bearing on the defendant’s ability to comply with the

13 restitution order.

14 ‘‘(k) An order of restitution may be enforced—

15 ‘‘(1) by the United States—

16 ‘‘(A) in the manner provided for the collec17 tion and payment of fines in subchapter (B) of

18 chapter 229 of this title; or

19 ‘‘(B) in the same manner as a judgment in

20 a civil action; and

21 ‘‘(2) by a victim named in the order to receive

22 the restitution, in the same manner as a judgment

23 in a civil action.

24 ‘‘(l) A victim or the offender may petition the court

25 at any time to modify a restitution order as appropriate
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1 in view of a change in the economic circumstances of the

2 offender.’’.

3 (b) PROCEDURE FOR ISSUING ORDER OF RESTITU4 TION.—Section 3664 of title 18, United States Code, is

5 amended—

6 (1) by striking subsection (a);

7 (2) by redesignating subsections (b), (c), (d),

8 and (e) as subsections (a), (b), (c), and (d);

9 (3) by amending subsection (a), as redesignated

10 by paragraph (2), to read as follows:

11 ‘‘(a) The court may order the probation service of the

12 court to obtain information pertaining to the amount of

13 loss sustained by any victim as a result of the offense,

14 the financial resources of the defendant, the financial

15 needs and earning ability of the defendant and the defend16 ant’s dependents, and such other factors as the court

17 deems appropriate. The probation service of the court

18 shall include the information collected in the report of

19 presentence investigation or in a separate report, as the

20 court directs.’’; and

21 (4) by adding at the end thereof the following

22 new subsection:

23 ‘‘(e) The court may refer any issue arising in connec24 tion with a proposed order of restitution to a magistrate

25 or special master for proposed findings of fact and rec-
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1 ommendations as to disposition, subject to a de novo de2 termination of the issue by the court.’’.

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