Preserving Crime Victims' Restitution Act of 2006

Bill: 109-s-4055
Sponsor: Sen. Feinstein, Dianne [D-CA]
Introduced: 2006-11-15 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Appellate procedure
Civil Rights and Liberties, Minority Issues
Compensation for victims of crime
Death
Forfeiture
Indictments
Law
Pleas (Criminal procedure)
Probation
Right to counsel
Sentences (Criminal procedure)

Summary:
action_date: 2006-11-15
text: 
Preserving Crime Victims' Restitution Act of 2006 - Amends the federal criminal code to establish guidelines for cases in which a defendant in a criminal prosecution dies prior to the final adjudication of guilt. Sets forth rules for restitution to victims, appeals, motions, petitions, and civil forfeiture in such cases.
 
Provides, as a general rule, that 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 such defendant, or for dismissing or otherwise invalidating the indictment, information, or complaint, except as provided by this Act. 

action_date: 2006-12-09
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Preserving Crime Victims' Restitution Act of 2006 - Amends the federal criminal code to establish guidelines for federal criminal cases in which a defendant dies before entry of a final judgment of guilt (deceased defendants). 

Provides, as a general rule, that 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, a verdict returned, a sentence announced, or a judgment entered prior to the death of such defendant, or for dismissing or invalidating the indictment, information, or complaint on which such a plea, verdict, sentence, or judgment is based, except as provided by this Act.

Requires a trial court, in a case in which a defendant admits guilt or is found guilty by a jury, but dies before final judgment, to: (1) enter a judgment with the notation that the defendant died before judgment was entered; and (2) commence a special restitution proceeding upon the motion of the government or any victim of the defendant's crime.

Permits the use of a guilty plea of a deceased defendant in subsequent civil proceedings.

Allows the personal representative of a defendant's estate to file an appeal of the deceased defendant's conviction and of other matters involving such defendant. Provides rules for appointment of counsel, tolling of filing dates, and restitution for pending litigation involving a deceased defendant.

Allows the government to seek, or continue to pursue, civil forfeiture of property related to the deceased defendant's crime, subject to the applicable statute of limitations.

Makes this Act applicable to any criminal case or appeal pending on or after July 1, 2006.


Legislative actions:
action_date: 2006-12-11
text: Held at the desk.
action_date: 2006-12-11
text: Received in the House.
action_date: 2006-12-11
text: Message on Senate action sent to the House.
action_date: 2006-12-09
text: Passed Senate without amendment by Unanimous Consent. (text: CR 12/8/2006 S11840-11841)
action_date: 2006-12-09
text: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(text: CR 12/8/2006 S11840-11841)
action_date: 2006-12-09
text: Senate Committee on the Judiciary discharged by Unanimous Consent. (consideration: CR 12/8/2006 S11840-11841)
action_date: 2006-12-09
text: Senate Committee on the Judiciary discharged by Unanimous Consent.(consideration: CR 12/8/2006 S11840-11841)
action_date: 2006-11-15
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2006-11-15
text: Sponsor introductory remarks on measure. (CR S10971-10973)
action_date: 2006-11-15
text: Introduced in Senate