RS22709
Criminal Restitution in the 110th Congress: A Sketch
August 22, 2007

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Summary:

Restitution legislation in the 110th Congress falls into three categories. Some proposals, such as the gang crime bills, create new federal crimes or amend specific existing federal offenses and in doing so include specific restitution provisions particular to those offenses, e.g., H.R. 880, H.R. 1582, H.R. 1692, S. 456, and S. 990 (gang bills); and H.R. 871 (spousal support). Other proposals address a particular aspect of the law such as abatement which limits restitution collection after the defendant's death (S. 149). Two bills -- H.R. 845, the Criminal Restitution Improvement Act, and S. 973, the Restitution for Victims of Crime Act -- make substantial changes in federal restitution law. The proposals call for 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 more closely resembles the proposals transmitted by the Justice Department. The provisions of H.R. 845 also appear as Title V of the Violent Crime Control Act of 2007 (H.R. 3156/S. 1860). This is an abridged version of CRS Report RL34139, Criminal Restitution Proposals in the 110th Congress. Related reports include CRS Report RL34138, Restitution in Federal Criminal Cases, and CRS Report RS22708, Restitution in Federal Criminal Cases: A Sketch, by Charles Doyle.