I
104TH CONGRESS
1ST SESSION
H. R. 665
To control crime by mandatory victim restitution.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 25, 1995
Mr. MCCOLLUM introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To control crime by mandatory victim restitution.
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 ‘‘Victim Restitution Act
of 1995’’.
SEC. 2. MANDATORY RESTITUTION AND OTHER PROVI-
SIONS.
(a) ORDER OF RESTITUTION.—Section 3663 of title
18, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(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
(ii) by adding at the end the follow-
ing: ‘‘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.’’;
(B) by adding at the end the following:
‘‘(4) In addition to ordering restitution of the victim
of the offense of which a defendant is convicted, a court
may order restitution of any person who, as shown by a
preponderance of evidence, was harmed physically, emo-
tionally, or pecuniarily, by unlawful conduct of the defend-
ant during—
‘‘(A) the criminal episode during which the of-
fense occurred; or
‘‘(B) the course of a scheme, conspiracy, or pat-
tern of unlawful activity related to the offense.’’;
(2) in subsection (b)(1)(B) by striking ‘‘imprac-
tical’’ and inserting ‘‘impracticable’’;
(3) in subsection (b)(2) by inserting ‘‘emotional
or’’ after ‘‘resulting in’’;
(4) in subsection (b)—
(A) by striking ‘‘and’’ at the end of para-
graph (4);
(B) by redesignating paragraph (5) as
paragraph (6); and
(C) by inserting after paragraph (4) the
following new paragraph:
‘‘(5) in any case, reimburse the victim for nec-
essary child care, transportation, and other expenses
related to participation in the investigation or pros-
ecution of the offense or attendance at proceedings
related to the offense; and’’;
(5) in subsection (c) by striking ‘‘If the court
decides to order restitution under this section, the’’
and inserting ‘‘The’’;
(6) by striking subsections (d), (e), (f), (g), and
(h);
(7) by redesignating subsection (i) as subsection
(m); and
(8) by inserting after subsection (c) the follow-
ing:
‘‘(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—
‘‘(A) the economic circumstances of the of-
fender; or
‘‘(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.
‘‘(2) Upon determination of the amount of restitution
owed to each victim, the court shall specify in the restitu-
tion order the manner in which and the schedule according
to which the restitution is to be paid, in consideration of—
‘‘(A) the financial resources and other assets of
the offender;
‘‘(B) projected earnings and other income of
the offender; and
‘‘(C) any financial obligations of the offender,
including obligations to dependents.
‘‘(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.
‘‘(4) An in-kind payment described in paragraph (3)
may be in the form of—
‘‘(A) return of property;
‘‘(B) replacement of property; or
‘‘(C) services rendered to the victim or to a per-
son or organization other than the victim.
‘‘(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 res-
titution or may apportion liability among the offenders to
reflect the level of contribution and economic cir-
cumstances of each offender.
‘‘(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 of each victim but may
provide for different payment schedules to reflect the eco-
nomic circumstances of each victim.
‘‘(g)(1) If the victim has received or is entitled to re-
ceive 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 pro-
vide the compensation, but the restitution order shall pro-
vide that all restitution of victims required by the order
be paid to the victims before any restitution is paid to
such a provider of compensation.
‘‘(2) The issuance of a restitution order shall not af-
fect the entitlement of a victim to receive compensation
with respect to a loss from insurance or any other source