Restitution legislation in the 110 th Congress falls into three categories. Some proposals such as the gang crime bills would have create new federal crimes or amend specific existing federal offenses and in doing so include restitution provisions particular to those offenses. By virtue of section 206 of the Prioritizing Resources and Organization for Intellectual Property Act of 2008, P.L. Identity Theft

The Identity Theft Enforcement and Restitution Act, among other things, authorizes federal courts to order restitution for the victims of identity theft (18 U.S.C. Organized Retail Crime

H.R. They included H.R. H.R. S. 149 / H.R. General Revisions

Two bills – H.R. 845 , the Criminal Restitution Improvement Act, introduced by Representative Chabot, and S. 973 / H.R. 4110 , the Restitution for Victims of Crime Act, introduced by Senator Dorgan in the Senate and Representative Shea-Porter in the House – would have substantially changed federal restitution law. The proposals called for three kinds of modifications: (1) an expansion of offenses for which restitution may be ordered without recourse to the laws relating to probation and supervised release; (2) an overhaul of the procedures governing the issuance and enforcement of restitution orders to afford prosecutors greater enforcement flexibility without having to seek the approval of the sentencing court; and (3) authority for preconviction and presentencing restraining orders and other protective measures to prevent dissipation of assets by those who may subsequently owe restitution. Although similar in many respects, S. 973 / H.R. 4110 more closely resembled the proposals transmitted by the Justice Department. It does not permit restitution orders in the case of most securities offenses, environmental offenses, drug offenses, or most of the other property crimes outlawed in other titles of the Code. H.R. H.R. H.R. All of which appears to mean that H.R. H.R. . . direct the defendant to make . Collection Act (H.R. 4110 and H.R. 845 and S. 973/H.R. Moreover, in the case of H.R. As part of the Comprehensive Crime Control Act of 1984, Congress enacted 18 U.S.C.
Congress enacted two restitution provisions in the 110th Congress, one as part of the Identity Theft Enforcement and Restitution Act of 2008 (Title II of P.L. 110-326)(H.R. 5938), and the other as part of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (P.L. 110-403)(S. 3325). It devoted considerable time and attention to other restitution proposals as well.
Restitution legislation in the 110th Congress fell into three categories. Some proposals, such as two provisions enacted, create or would have created new federal crimes or amend specific existing federal offenses and in doing so include restitution provisions particular to those offenses, e.g., P.L. 110-326 (intellectual property), P.L. 110-403 (identity theft); H.R. 880, H.R. 1582, H.R. 1692, S. 456, and S. 990 (gang bills); H.R. 6491 (organized retail offenses), H.R. 3148 (Mann Act), H.R. 3990 (sexual military offenses), and H.R. 871 (spousal support offenses). Other proposals would have addressed a particular aspect of the law such as abatement which limits restitution collection after the defendant's death (S. 149/H.R. 4111). Two bills – H.R. 845, the Criminal Restitution Improvement Act, and S. 973/H.R. 4110, the Restitution for Victims of Crime Act – sought to make substantial changes in federal restitution law. They anticipated three kinds of adjustments: (1) an expansion of offenses for which restitution may be ordered without recourse to the laws relating to probation and supervised release; (2) an overhaul of the procedures governing the issuance and enforcement of restitution orders to afford prosecutors greater enforcement flexibility without having to seek the approval of the sentencing court; and (3) authority for preindictment and presentencing restraining orders and other protective measures to prevent dissipation of assets by those who may subsequently owe restitution. Although similar in many respects, S. 973/H.R. 4110 more closely resembles the proposals transmitted by the Justice Department. The provisions of H.R. 845 also appeared as Title V of the Violent Crime Control Act of 2007 (H.R. 3156/S. 1860); most of the language in S. 973/H.R. 4110 also appeared in Title VII of a subsequently tabled version of the Commerce, Justice, Science appropriations bill (H.R. 3903).
This report is available in an abridged form – without footnotes, citations to most authorities and appendices – as CRS Report RS22709, Criminal Restitution in the 110th Congress: A Sketch. Related reports include CRS Report RL34138, Restitution in Federal Criminal Cases, available in abridged form as CRS Report RS22708, Restitution in Federal Criminal Cases: A Sketch, all by [author name scrubbed].