wise permissible motion under the Federal 
Rules of Criminal Procedure, to the extent that 
the appeal, petition, or motion raises an other-
wise permissible claim to challenge or reinstate 
a verdict, plea of guilty or nolo contendere, sen-
tence, or judgment that the appellant, peti-
tioner, or movant shows by a preponderance of 
the evidence is, or will be, material in a pending 
or reasonably anticipated civil proceeding, in-
cluding civil forfeiture proceedings. 
‘‘(C) COLLATERAL CONSEQUENCES.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in subparagraphs (A) and (B), the 
Government may not restrict any Federal 
benefits or impose collateral consequences 
on the estate or a family member of a de-
ceased defendant based solely on the con-
viction of a defendant who died before that 
defendant exhausted or waived the right to 
direct appeal unless, not later than 90 
days after the death of that defendant, the 
Government gives notice to that estate or 
family member of the intent of the Govern-
ment to take such action. 
VerDate Aug 31 2005 
06:47 Dec 07, 2006
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6374.IH
H6374
bajohnson on PROD1PC77 with BILLS
‘‘(ii) PERSONAL REPRESENTATIVE.— 
If the Government gives notice under 
clause (i), the court shall appoint a per-
sonal representative for the deceased de-
fendant that is the subject of that notice, 
if not otherwise appointed, under section 
(d)(2)(A). 
‘‘(iii) TOLLING.—If the Government 
gives notice under clause (i), any filing 
deadline 
that 
might 
otherwise 
apply 
against the defendant, the estate of the de-
fendant, or a family member of the defend-
ant shall be tolled until the date of the ap-
pointment of that defendant’s personal 
representative under clause (ii). 
‘‘(3) BASIS.—In any appeal, petition, or motion 
under paragraph (2), the death of the defendant 
shall not be a basis for relief. 
‘‘(d) PROCEDURES REGARDING CONTINUING LITIGA-
TION.— 
‘‘(1) IN GENERAL.—The standards and proce-
dures for a permitted appeal, petition, motion, or 
other proceeding under subsection (c)(2) shall be the 
standards and procedures otherwise provided by law, 
VerDate Aug 31 2005 
06:47 Dec 07, 2006
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6374.IH
H6374
bajohnson on PROD1PC77 with BILLS
except that the personal representative of the de-
fendant shall be substituted for the defendant. 
‘‘(2) SPECIAL PROCEDURES.—If continuing liti-
gation is initiated or could be initiated under sub-
section (c)(2), the following procedures shall apply: 
‘‘(A) NOTICE AND APPOINTMENT OF PER-
SONAL
REPRESENTATIVE.—The district court 
before which the criminal case was filed (or the 
appellate court if the matter is pending on di-
rect appeal) shall— 
‘‘(i) give notice to any victim of the 
convicted 
defendant 
under 
section 
3771(a)(2), and to the personal represent-
ative of that defendant or, if there is none, 
the next of kin of that defendant; and 
‘‘(ii) appoint a personal representative 
for that defendant, if not otherwise ap-
pointed. 
‘‘(B) COUNSEL.—Counsel shall be ap-
pointed for the personal representative of a de-
fendant convicted in a criminal case who dies if 
counsel would have been available to that de-
fendant, or if the personal representative of 
that defendant requests counsel and otherwise 
VerDate Aug 31 2005 
06:47 Dec 07, 2006
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6374.IH
H6374
bajohnson on PROD1PC77 with BILLS
qualifies for the appointment of counsel, under 
section 3006A. 
‘‘(C) TOLLING.—The court shall toll any 
applicable deadline for the filing of any motion, 
petition, or appeal during the period beginning 
on the date of the death of a defendant con-
victed in a criminal case and ending on the 
later of— 
‘‘(i) the date of the appointment of 
that defendant’s personal representative; 
or 
‘‘(ii) where applicable, the date of the 
appointment of counsel for that personal 
representative. 
‘‘(D) RESTITUTION.—If restitution has not 
been fully collected on the date on which a de-
fendant convicted in a criminal case dies— 
‘‘(i) any amount owed under a restitu-
tion order (whether issued before or after 
the death of that defendant) shall be col-
lectible from any property from which the 
restitution could have been collected if that 
defendant had survived, regardless of 
whether that property is included in the es-
tate of that defendant; 
VerDate Aug 31 2005 
06:47 Dec 07, 2006
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6374.IH
H6374
bajohnson on PROD1PC77 with BILLS
‘‘(ii) any restitution protective order 
in effect on the date of the death of that 
defendant shall continue in effect unless 
modified by the court after hearing or pur-
suant to a motion by the personal rep-
resentative of that defendant, the Govern-
ment, or any victim of that defendant’s 
crime; and 
‘‘(iii) upon motion by the Government 
or any victim of that defendant’s crime, 
the court shall take any action necessary to 
preserve the availability of property for 
restitution under this section. 
‘‘(e) FORFEITURE.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the death of an individual does not affect 
the Government’s ability to seek, or to continue to 
pursue, civil forfeiture of property as authorized by 
law. 
‘‘(2) TOLLING OF LIMITATIONS FOR CIVIL FOR-
FEITURE.—Notwithstanding the expiration of any 
civil forfeiture statute of limitations or any time lim-
itation set forth in section 983(a) of this title, not 
later than the later of the time period otherwise au-
thorized by law and 2 years after the date of the 
VerDate Aug 31 2005 
06:47 Dec 07, 2006
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6374.IH
H6374
bajohnson on PROD1PC77 with BILLS
death of an individual against whom a criminal in-
dictment alleging forfeiture is pending, the Govern-
ment may commence civil forfeiture proceedings 
against any interest in any property alleged to be 
forfeitable in the indictment of that individual. 
‘‘(f) DEFINITIONS.—In this section— 
‘‘(1) the term ‘accepted’, relating to a plea of 
guilty or nolo contendere, means that a court has 
determined, under rule 11(b) of the Federal Rules of 
Criminal Procedure, that the plea is voluntary and 
supported by a factual basis, regardless of whether 
final acceptance of that plea may have been deferred 
pending review of a presentence report or otherwise; 
‘‘(2) the term ‘announced’, relating to a sen-
tence, means that the sentence has been orally stat-
ed in open court; 
‘‘(3) the term ‘convicted’ refers to a defend-
ant— 
‘‘(A) 
whose 
plea 
of 
guilty 
or 
nolo 
contendere has been accepted; or 
‘‘(B) against whom a verdict of guilty has 
been returned; 
‘‘(4) the term ‘direct appeal’ means an appeal 
filed, within the period provided by rule 4(b) of the 
Federal Rules of Appellate Procedure, from the 
VerDate Aug 31 2005 
06:47 Dec 07, 2006
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6374.IH
H6374
bajohnson on PROD1PC77 with BILLS
entry of the judgment or order of restitution, includ-
ing review by the Supreme Court of the United 
States; and 
‘‘(5) the term ‘returned’, relating to a verdict, 
means that the verdict has been orally stated in 
open court.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 227 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘3560. Effect of death of a defendant in Federal criminal proceedings.’’. 
SEC. 3. EFFECTIVE DATE. 
The amendments made by this Act shall apply to any 
criminal case or appeal pending on or after July 1, 2006. 
SEC. 4. SEVERABILITY. 
If any provision of this Act, any amendment made 
by this Act, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of the provisions of this Act, the 
amendments made by this Act, and the application of such 
provisions or amendments to any person or circumstance 
shall not be affected. 
Æ 
VerDate Aug 31 2005 
06:47 Dec 07, 2006
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6301
E:\BILLS\H6374.IH
H6374
bajohnson on PROD1PC77 with BILLS