{ "id": "RL34139", "type": "CRS Report", "typeId": "REPORTS", "number": "RL34139", "active": false, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 343880, "date": "2009-01-13", "retrieved": "2016-04-07T02:54:41.986905", "title": "Criminal Restitution Proposals in the 110th Congress", "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 devoted considerable time and attention to other restitution proposals as well.\nRestitution 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\u2019s death (S. 149/H.R. 4111). Two bills \u2013 H.R. 845, the Criminal Restitution Improvement Act, and S. 973/H.R. 4110, the Restitution for Victims of Crime Act \u2013 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).\nThis report is available in an abridged form \u2013 without footnotes, citations to most authorities and appendices \u2013 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 Charles Doyle.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL34139", "sha1": "8034752d4eae435f2b45b7a4fe5960afacd3f57a", "filename": "files/20090113_RL34139_8034752d4eae435f2b45b7a4fe5960afacd3f57a.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL34139", "sha1": "ca781613c752edbb2c978851ac21cc169226dc44", "filename": "files/20090113_RL34139_ca781613c752edbb2c978851ac21cc169226dc44.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc811396/", "id": "RL34139_2007Aug17", "date": "2007-08-17", "retrieved": "2016-03-19T13:57:26", "title": "Criminal Restitution Proposals in the 110th Congress", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20070817_RL34139_0d7e529d82e51adb5f5ff2d0c0ab8e78a20db2aa.pdf" }, { "format": "HTML", "filename": "files/20070817_RL34139_0d7e529d82e51adb5f5ff2d0c0ab8e78a20db2aa.html" } ], "topics": [] } ], "topics": [ "Appropriations" ] }