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.—If a defendant dies 
after being convicted in a criminal case but 
prior to sentencing or the exhaustion or waiver 
of direct appeal, 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 
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mandamus or a writ of certiorari, or an other-
wise permissible motion described in section 
3663, 3663A, 3664, or 3771, to the extent that 
the appeal, petition, or motion raises an other-
wise 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.— 
If a defendant dies after being convicted in a 
criminal case but prior to sentencing or the ex-
haustion or waiver of direct appeal, the per-
sonal representative of that defendant, the Gov-
ernment, or any victim of that defendant’s 
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crime may file or pursue an otherwise permis-
sible direct appeal, petition for mandamus or a 
writ of certiorari, or an otherwise permissible 
motion under the Federal Rules of Criminal 
Procedure, to the extent that the appeal, peti-
tion, or motion raises an otherwise permissible 
claim to challenge or reinstate a verdict, plea of 
guilty or nolo contendere, sentence, or judgment 
that the appellant, petitioner, or movant shows 
by a preponderance of the evidence is, or will 
be, material in a pending or reasonably antici-
pated civil proceeding, including 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 
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family member of the intent of the Govern-
ment to take such action. 
‘‘(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 
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standards and procedures otherwise provided by law, 
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 
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‘‘(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 
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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 
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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, 2007. 
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 
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