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SEC. 1902. VICTIMS' RIGHTS.
(a) BEST EFFORTS TO ACCORD RIGHTS.-Officers and employees of the
Department of Justice and other departments and agencies of the United
States engaged in the detection, investigation, or prosecution of crime
shall make their best efforts to see that victims of crime are accorded
the rights described in subsection (b).
(b) RIGHTS OF CRIME VICTIMS.-A crime victim has the following rights:
(1) The right to be treated with fairness and with respect for the
victim's dignity and privacy.
(2) The right to be reasonably protected from the accused offender.
(3) The right to be notified of court proceedings.
(4) The right to be present at all public court proceedings related
to the offense, unless the court determines that testimony by the
victim would be materially affected if the victim heard other
testimony at trial.
(5) The right to confer with attorney for the Government in the
case.
(6) The right to restitution.
(7) The right to information about the conviction, sentencing,
imprisonment, and release of the offender.
(c) NO CAUSE OF ACTION OR DEFENSE.-This section does not create a cause
of action or defense in favor of any person arising out of the failure to
accord to a victim the rights enumerated in subsection (b).
SEC. 1903. SERVICES TO VICTIMS.
(a) DESIGNATION OF RESPONSIBLE OFFICIALS.-The head of each department
and agency of the United States engaged in the detection, investigation,
or prosecution of crime shall designate by names and office titles the
persons who will be responsible for identifying the victims of crime and
performing the services described in subsection (c) at each stage of a
criminal case.
(b) IDENTIFICATION OF VICTIMS.-At the earliest opportunity after the
detection of a crime at which it may be done without interfering with an
investigation, a responsible official shall-
(1) identify the victim or victims of a crime;
(2) inform the victims of their right to receive, on request, the
services described in subsection (c); and
(3) inform each victim of the name, title, and business address and
telephone number of the responsible official to whom the victim
should address a request for each of the services described in
subsection (c).
(c) DESCRIPTION OF SERVICES.-(1) A responsible official shall-
(A) inform a victim of the place where the victim may receive
emergency medical and social services;
(B) inform a victim of any restitution or other relief to which the
victim may be entitled under this or any other law and manner in
which such relief may be obtained;
(C) inform a victim of public and private programs that are
available to provide counseling, treatment, and other support to the
victim; and
(D) assist a victim in contacting the persons who are responsible
for providing the services and relief described in subparagraphs (A),
(B), and (C).
(2) A responsible official shall arrange for a victim to receive
reasonable protection from a suspected offender and persons acting in
concert with or at the behest of the suspected offender.
(3) During the investigation and prosecution of a crime, a responsible
official shall provide a victim the earliest possible notice of-
(A) the status of the investigation of the crime, to the extent it
is appropriate to inform the victim and to the extent that it will
not interfere with the investigation;
(B) the arrest of a suspected offender;
(C) the filing of charges against a suspected offender;
(D) the scheduling of each court proceeding that the witness is
either required to attend or, under section 1902(b)(4), is entitled
to attend;
(E) the release or detention status of an offender or suspected
offender;
(F) the acceptance of a plea of guilty or nolo contendere or the
rendering of a verdict after trial; and
(G) the sentence imposed on an offender, including the date on
which the offender will be eligible for parole.
(4) During court proceedings, a responsible official shall ensure that
a victim is provided a waiting area removed from and out of the sight and
hearing of the defendant and defense witnesses.
(5) After trial, a responsible official shall provide a victim the
earliest possible notice of-
(A) the scheduling of a parole hearing for the offender;
(B) the escape, work release, furlough, or any other form of
release from custody of the offender; and
(C) the death of the offender, if the offender dies while in
custody.
(6) At all times, a responsible official shall ensure that any property
of a victim that is being held for evidentiary purposes be maintained in
good condition and returned to the victim as soon as it is no longer
needed for evidentiary purposes.
(7) The Attorney General or the head of another department or agency
that conducts an investigation of a sexual assault shall pay, either
directly or by reimbursement of payment by the victim, the cost of a
physical examination of the victim which an investigating officer
determines was necessary or useful for evidentiary purposes.
(8) A responsible official shall provide the victim with general
information regarding the corrections process, including information
about work release, furlough, probation, and eligibility for each.
(d) NO CAUSE OF ACTION OR DEFENSE.-This section does not create a cause
of action or defense in favor of any person arising out of the failure of
a responsible person to provide information as required by subsection (b)
or (c).
(e) DEFINITIONS.-For the purposes of this section-
(1) the term "responsible official" means a person designated
pursuant to subsection (a) to perform the functions of a responsible
official under that section; and
(2) the term "victim" means a person that has suffered direct
physical, emotional, or pecuniary harm as a result of the commission
of a crime, including-
(A) in the case of a victim that is an institutional entity, an
authorized representative of the entity; and
(B) in the case of a victim who is under 18 years of age,
incompetent, incapacitated, or deceased, one of the following (in
order of preference):
(i) a spouse;
(ii) a legal guardian;
(iii) a parent;
(iv) a child;
(v) a sibling;
(vi) another family member; or
(vii) another person designated by the court.
SEC. 1904. AMENDMENT OF RESTITUTION PROVISIONS.
(a) ORDER OF RESTITUTION.-Section 3663 of title 18, United States Code,
is amended-
(1) in subsection (a) by-
(A) striking "(a) The court" and inserting "(a)(1) The court";
(B) striking "may order" and inserting "shall order"; and
(C) adding at the end thereof the following new paragraph:
"(2) 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, emotionally, or pecuniarily, by unlawful conduct of the
defendant during-
"(A) the criminal episode during which the offense occurred; or
"(B) the course of a scheme, conspiracy, or pattern of unlawful
activity related to the offense.";
(2) in subsection (b)(1)(A) by striking "impractical" and inserting
"impracticable";
(3) in subsection (b)(2) by inserting "emotional or" after
"resulting in";
(4) in subsection (c) by striking "If the Court decides to order
restitution under this section, the" and inserting "The";
(5) by striking subsections (d), (e), (f), (g), and (h); and
(6) by adding at the end thereof the following new subsections:
"(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 offender; 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 restitution 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 restoration 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 person 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 restitution or may apportion liability among the
offenders to reflect the level of contribution and economic circumstances
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 economic circumstances of each victim.
"(g)(1) If the victim has received or is entitled to receive
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 provide the compensation, but the restitution order
shall provide 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 affect the
entitlement of a victim to receive compensation with respect to a loss
>from insurance or any other source until the payments actually received
by the victim under the restitution order fully compensate the victim for
the loss, at which time a person that has provided compensation to the
victim shall be entitled to receive any payments remaining to be paid
under the restitution order.
"(3) Any amount paid to a victim under an order of restitution shall be
set off against any amount later recovered as compensatory damages by the
victim in-
"(A) any Federal civil proceeding; and
"(B) any State civil proceeding, to the extent provided by the law
of the State.
"(h) A restitution order shall provide that-
"(1) all fines, penalties, costs, restitution payments and other
forms of transfers of money or property made pursuant to the sentence
of the court shall be made by the offender to the clerk of the court
for accounting and payment by the clerk in accordance with this
subsection;
"(2) the clerk of the court shall-
"(A) log all transfers in a manner that tracks the offender's
obligations and the current status in meeting those obligations,
unless, after efforts have been made to enforce the restitution
order and it appears that compliance cannot be obtained, the
court determines that continued recordkeeping under this
subparagraph would not be useful;
"(B) notify the court and the interested parties when an
offender is 90 days in arrears in meeting those obligations; and
"(C) disburse money received from an offender so that each of
the following obligations is paid in full in the following
sequence:
"(i) a penalty assessment under section 3013 of title 18,
United States Code;
"(ii) restitution of all victims; and
"(iii) all other fines, penalties, costs, and other
payments required under the sentence; and
"(3) the offender shall advise the clerk of the court of any change
in the offender's address during the term of the restitution order.
"(i) A restitution order shall constitute a lien against all property
of the offender and may be recorded in any Federal or State office for
the recording of liens against real or personal property.
"(j) Compliance with the schedule of payment and other terms of a
restitution order shall be a condition of any probation, parole, or other
form of release of an offender. If a defendant fails to comply with a
restitution order, the court may revoke probation or a term of supervised
release, modify the term or conditions of probation or a term of
supervised release, hold the defendant in contempt of court, enter a
restraining order or injunction, order the sale of property of the
defendant, accept a performance bond, or take any other action necessary
to obtain compliance with the restitution order. In determining what
action to take, the court shall consider the defendant's employment
status, earning ability, financial resources, the willfulness in failing
to comply with the restitution order, and any other circumstances that
may have a bearing on the defendant's ability to comply with the
restitution order.
"(k) An order of restitution may be enforced-
"(1) by the United States-
"(A) in the manner provided for the collection and payment of
fines in subchapter (B) of chapter 229 of this title; or
"(B) in the same manner as a judgment in a civil action; and
"(2) by a victim named in the order to receive the restitution, in
the same manner as a judgment in a civil action.
"(l) A victim or the offender may petition the court at any time to
modify a restitution order as appropriate in view of a change in the
economic circumstances of the offender.".
(b) PROCEDURE FOR ISSUING ORDER OF RESTITUTION.-Section 3664 of title
18, United States Code, is amended-
(1) by striking subsection (a);
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (a), (b), (c), and (d);
(3) by amending subsection (a), as redesignated by paragraph (2),
to read as follows:
"(a) The court may order the probation service of the court to obtain
information pertaining to the amount of loss sustained by any victim as a
result of the offense, the financial resources of the defendant, the
financial needs and earning ability of the defendant and the defendant's
dependents, and such other factors as the court deems appropriate. The
probation service of the court shall include the information collected in
the report of presentence investigation or in a separate report, as the
court directs."; and
(4) by adding at the end thereof the following new subsection:
"(e) The court may refer any issue arising in connection with a
proposed order of restitution to a magistrate or special master for
proposed findings of fact and recommendations as to disposition, subject
to a de novo determination of the issue by the court.".
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