Criminal Restitution in the 110th Congress: A Sketch (CRS Report for Congress)
| Release Date |
Revised Jan. 13, 2009 |
| Report Number |
RS22709 |
| Report Type |
Report |
| Authors |
Charles Doyle, Senior Specialist in American Public Law |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
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 â H.R. 845, the Criminal Restitution Improvement Act, and S. 973 / H.R. 4110, the Restitution for Victims of Crime Act â 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 Charles Doyle. Related reports include CRS Report RL34138, Restitution in Federal Criminal Cases, by Charles Doyle, and CRS Report RS22708, Restitution in Federal Criminal Cases: A Sketch, by Charles Doyle.
