I 
109TH CONGRESS 
2D SESSION 
H. R. 6374 
To address the effect of the death of a defendant in Federal criminal 
proceedings. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 5, 2006 
Mr. SCHIFF (for himself, Mr. GOHMERT, and Mr. FEENEY) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To address the effect of the death of a defendant in Federal 
criminal proceedings. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Preserving Crime Vic-
tims’ Restitution Act of 2006’’. 
SEC. 2. EFFECT OF DEATH OF A DEFENDANT IN FEDERAL 
CRIMINAL PROCEEDINGS. 
(a) IN GENERAL.—Subchapter A of chapter 227 of 
title 18, United States Code, is amended by adding at the 
end the following: 
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‘‘§ 3560. Effect of death of a defendant in Federal 
criminal proceedings 
‘‘(a) GENERAL RULE.—Notwithstanding any other 
provision of law, the death of a defendant who has been 
convicted of a Federal criminal offense shall not be the 
basis for abating or otherwise invalidating a plea of guilty 
or nolo contendere accepted, a verdict returned, a sentence 
announced, or a judgment entered prior to the death of 
that defendant, or for dismissing or otherwise invalidating 
the indictment, information, or complaint on which such 
a plea, verdict, sentence, or judgment is based, except as 
provided in this section. 
‘‘(b) DEATH AFTER PLEA OR VERDICT.— 
‘‘(1) ENTRY
OF
JUDGMENT.—If a defendant 
dies after a plea of guilty or nolo contendere has 
been accepted or a verdict has been returned, but 
before judgment is entered, the court shall enter a 
judgment incorporating the plea of guilty or nolo 
contendere or the verdict, with the notation that the 
defendant died before the judgment was entered. 
‘‘(2) PUNITIVE SANCTIONS.— 
‘‘(A) DEATH
BEFORE
SENTENCE
AN-
NOUNCED.—If a defendant dies after a plea of 
guilty or nolo contendere has been accepted or 
a verdict has been returned and before a sen-
tence has been announced, no sentence of pro-
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bation, supervision, or imprisonment may be 
imposed, no criminal forfeiture may be ordered, 
and no liability for a fine or special assessment 
may be imposed on the defendant or the de-
fendant’s estate. 
‘‘(B) DEATH
AFTER
SENTENCING
OR 
JUDGMENT.—The death of a defendant after a 
sentence has been announced or a judgment has 
been entered, and before that defendant has ex-
hausted or waived the right to a direct appeal— 
‘‘(i) shall terminate any term of pro-
bation, supervision, or imprisonment, and 
shall terminate the liability of that defend-
ant to pay any amount remaining due of a 
criminal forfeiture, of a fine under section 
3613(b), or of a special assessment under 
section 3013; and 
‘‘(ii) shall not require return of any 
portion of any criminal forfeiture, fine, or 
special assessment already paid. 
‘‘(3) RESTITUTION.— 
‘‘(A) DEATH
BEFORE
SENTENCE
AN-
NOUNCED.—If a defendant dies after a plea of 
guilty or nolo contendere has been accepted or 
a verdict has been returned and before a sen-
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tence has been announced, the court shall, upon 
a motion under subsection (c)(2) by the Gov-
ernment or any victim of that defendant’s 
crime, commence a special restitution pro-
ceeding at which the court shall adjudicate and 
enter a final order of restitution against the es-
tate of that defendant in an amount equal to 
the amount that would have been imposed if 
that defendant were alive. 
‘‘(B) DEATH
AFTER
SENTENCING
OR 
JUDGMENT.—The death of a defendant after a 
sentence has been announced shall not be a 
basis for abating or otherwise invalidating res-
titution announced at sentencing or ordered 
after sentencing under section 3664(d)(5) of 
this title or any other provision of law. 
‘‘(4) CIVIL PROCEEDINGS.—The death of a de-
fendant after a plea of guilty or nolo contendere has 
been accepted, a verdict returned, a sentence an-
nounced, or a judgment entered, shall not prevent 
the use of that plea, verdict, sentence, or judgment 
in civil proceedings, to the extent otherwise per-
mitted by law. 
‘‘(c) APPEALS, MOTIONS, AND PETITIONS.— 
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‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), after the death of a defendant convicted 
in a criminal case— 
‘‘(A) no appeal, motion, or petition by or 
on behalf of that defendant or the personal rep-
resentative or estate of that defendant, the Gov-
ernment, or a victim of that defendant’s crime 
seeking to challenge or reinstate a plea of guilty 
or nolo contendere accepted, a verdict returned, 
a sentence announced, or a judgment entered 
prior to the death of that defendant shall be 
filed in that case after the death of that defend-
ant; and 
‘‘(B) any pending motion, petition, or ap-
peal in that case shall be dismissed with the no-
tation that the dismissal is due to the death of 
the defendant. 
‘‘(2) EXCEPTIONS.— 
‘‘(A) RESTITUTION.—After the death of a 
defendant convicted in a criminal case, the per-
sonal representative of that defendant, the Gov-
ernment, or any victim of that defendant’s 
crime may file or pursue an otherwise permis-
sible direct appeal, petition for mandamus or a 
writ of certiorari, or an otherwise permissible 
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motion described in section 3663, 3663A, 3664, 
or 3771, to the extent that the appeal, petition, 
or motion raises an otherwise permissible claim 
to— 
‘‘(i) obtain, in a special restitution 
proceeding, a final order of restitution 
under subsection (b)(3); 
‘‘(ii) enforce, correct, amend, adjust, 
reinstate, or challenge any order of restitu-
tion; or 
‘‘(iii) challenge or reinstate a verdict, 
plea of guilty or nolo contendere, sentence, 
or judgment on which— 
‘‘(I) a restitution order is based; 
or 
‘‘(II) restitution is being or will 
be sought by an appeal, petition, or 
motion under this paragraph. 
‘‘(B) OTHER CIVIL ACTIONS AFFECTED.— 
After the death of a defendant convicted in a 
criminal case, the personal representative of 
that defendant, the Government, or any victim 
of that defendant’s crime may file or pursue an 
otherwise permissible direct appeal, petition for 
mandamus or a writ of certiorari, or an other-
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