Restitution for New and Existing Crimes

Restitution legislation in the 110 th Congress fell into three categories. Some proposals created or would have created new federal crimes or amend specific existing federal offenses and in doing so included 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. 110 - 403 , 122 Stat. (2008)( S. 3325 ), conviction for any of a number of intellectual property offenses also results in a mandatory restitution order. The Identity Theft Enforcement and Restitution Act, P.L. 110 - 326 , 122 Stat. The bill's sponsor, Senator Feinstein, reintroduced essentially the same proposal as S. 149 in the 110 th Congress, which Representative Shea-Porter introduced in the House as H.R. 4111 . H.R. H.R. It would have adopted some features of existing law and changed others. H.R. Procedural Adjustments (H.R. H.R. 4110)

Like H.R. 4110 had several provisions designed to prevent the dissipation of assets following the issuance of the original restitution order. H.R. 845 and S. 973 / H.R. 845 and S. 973 / H.R. Courts would have been authorized to issue an ex parte protective order upon a probable cause showing that (1) the defendant had been indicted for an offense for which restitution might be ordered, (2) that the offense or offenses had resulted in qualified losses to qualified victims of an approximate amount for which the defendant would be obligated to make restitution if convicted of the offense or offenses charged, (3) that the value of the property to be restrained or the amount of the bond to be posted did not greatly exceed the approximate amount of restitution that might be awarded, and (4) (perhaps) that the property was traceable to the offense charged. 4110 and H.R. 853(e) and proposed Section 3664A. 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 also devoted considerable time and attention to other restitution proposals that did not see final action before the end of the Congress.
Restitution legislation in the 110th Congress fell into three categories. Some proposals, like the 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.
This is an abridged version of CRS Report RL34139, Criminal Restitution Proposals in the 110th Congress, by [author name scrubbed]. Related reports include CRS Report RL34138, Restitution in Federal Criminal Cases, by [author name scrubbed], and CRS Report RS22708, Restitution in Federal Criminal Cases: A Sketch, by [author name scrubbed].