Sec. 4. Facilitating payment of restitution; technical amendments to restitution statutes
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/bill/118/s/1199/is/section-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Title 18, United States Code, is amended— in section 1593(c)— by inserting
(1)after
(c); by striking chapter, including, in and inserting the following: chapter. In ; and in paragraph (2), as so designated, by inserting may assume the rights of the crime victim under this section after suitable by the court ; in section 2248(c)— by striking For purposes and inserting the following: For purposes ; by striking chapter, including, in and inserting the following: chapter. In ; and in paragraph (2), as so designated, by inserting may assume the rights of the crime victim under this section after suitable by the court ; in section 2259— in subsection (b)— in paragraph (1), by striking and inserting Directions .—Except as provided in paragraph (2), the ; and Restitution for child pornography production .—If the defendant was convicted of child pornography production, the in paragraph (2)(B), by striking $3,000. and inserting the following: “— $3,000; or 10 percent of the full amount of the victim’s losses, if the full amount of the victim's losses is less than $3,000. ; and in subsection (c)— by striking paragraph
(1)and inserting the following: For purposes of this section and section 2259A, the term child pornography production means— a violation of subsection (a), (b), or
(c)of section 2251, or an attempt or conspiracy to violate any of those subsections under subsection
(e)of that section; a violation of section 2251A; a violation of section 2252(a)(4) or 2252A(a)(5), or an attempt or conspiracy to violate either of those sections under section 2252(b)(2) or 2252A(b)(2), to the extent such conduct involves child pornography— produced by the defendant; or that the defendant attempted or conspired to produce; a violation of section 2252A(g) if the series of felony violations involves not fewer than 1 violation— described in subparagraph (A), (B), (E), or
(F)of this paragraph; of section 1591; or of section 1201, chapter 109A, or chapter 117, if the victim is a minor; a violation of subsection
(a)of section 2260, or an attempt or conspiracy to violate that subsection under subsection (c)(1) of that section; a violation of section 2260B(a)(2) for promoting or facilitating an offense— described in subparagraph (A), (B), (D), or
(E)of this paragraph; or under section 2422(b); or attempting or conspiring to promote or facilitate an offense described in clause
(i)of this subparagraph under section 2260B(b); and a violation of chapter 109A or chapter 117, if the offense involves the production or attempted production of, or conspiracy to produce, child pornography. ; and by striking paragraph
(3)and inserting the following: For purposes of this section and section 2259A, the term trafficking in child pornography means— a violation of subsection
(d)of section 2251 or an attempt or conspiracy to violate that subsection under subsection
(e)of that section; a violation of paragraph (1), (2), or
(3)of subsection
(a)of section 2252, or an attempt or conspiracy to violate any of those paragraphs under subsection (b)(1) of that section; a violation of section 2252(a)(4) or 2252A(a)(5), or an attempt or conspiracy to violate either of those sections under section 2252(b)(2) or 2252A(b)(2), to the extent such conduct involves child pornography— not produced by the defendant; or that the defendant did not attempt or conspire to produce; a violation of paragraph (1), (2), (3), (4), or
(6)of subsection
(a)of section 2252A, or an attempt or conspiracy to violate any of those paragraphs under subsection (b)(1) of that section; a violation of subsection (a)(7) of section 2252A, or an attempt or conspiracy to violate that subsection under subsection (b)(3) of that section; a violation of section 2252A(g) if the series of felony violations exclusively involves violations described in this paragraph; a violation of subsection
(b)of section 2260, or an attempt or conspiracy to violate that subsection under subsection (c)(2) of that section; a violation of subsection (a)(1) of section 2260B, or a violation of subsection (a)(2) of that section for promoting or facilitating an offense described in this paragraph; or an attempt or conspiracy to commit the conduct described in clause
(i)of this subparagraph under section 2260B(b). ; in section 2259A(a)— in paragraph (1), by striking under section 2252(a)(4) or 2252A(a)(5) and inserting described in section 2259(c)(3)(C) ; and in paragraph (2), by striking any other offense for trafficking in child pornography and inserting any offense for trafficking in child pornography other than an offense described in section 2259(c)(3)(C) ; in section 2429— in subsection (b)(3), by striking 2259(b)(3) and inserting 2259(c)(2) ; and in subsection (d)— by inserting
(1)after
(d); by striking chapter, including, in and inserting the following: chapter. In ; and in paragraph (2), as so designated, by inserting may assume the rights of the crime victim under this section after suitable by the court ; and in section 3664, by adding at the end the following: When the court issues an order of restitution under section 1593, 2248, 2259, 2429, or 3663, or subparagraphs (A)(i) and
(B)of section 3663A(c)(1), for a victim described in subparagraph
(B)of this paragraph, the court, at its own discretion or upon motion by the Government, may appoint a trustee or other fiduciary to hold any amount paid for restitution in a trust or other official account for the benefit of the victim. A victim referred to in subparagraph
(A)is a victim who is— under the age of 18 at the time of the proceeding; incompetent or incapacitated; or subject to paragraph (3), a foreign citizen or stateless person residing outside the United States. When the court appoints a trustee or other fiduciary under paragraph (1), the court shall issue an order specifying— the duties of the trustee or other fiduciary, which shall require— the administration of the trust or maintaining an official account in the best interests of the victim; and disbursing payments from the trust or account— to the victim; or to any individual or entity on behalf of the victim; that the trustee or other fiduciary— shall avoid any conflict of interest; may not profit from the administration of the trust or maintaining an official account for the benefit of the victim other than as specified in the order; and may not delegate administration of the trust or maintaining the official account to any other person; if and when the trust or the duties of the other fiduciary will expire; and the fees payable to the trustee or other fiduciary to cover expenses of administering the trust or maintaining the official account for the benefit of the victim, and the schedule for payment of those fees. In the case of a victim who is a foreign citizen or stateless person residing outside the United States and is not under the age of 18 at the time of the proceeding or incompetent or incapacitated, the court may appoint a trustee or other fiduciary under paragraph
(1)only if the court finds it necessary to— protect the safety or security of the victim; or provide a reliable means for the victim to access or benefit from the restitution payments. The court may, with respect to the fees of the trustee or other fiduciary— pay the fees in whole or in part; or order the defendant to pay the fees in whole or in part. With respect to a court order under subparagraph (A)(ii) requiring a defendant to pay fees— subsection (f)(3) shall apply to the court order in the same manner as that subsection applies to a restitution order; subchapter C of chapter 227 (other than section 3571) shall apply to the court order in the same manner as that subchapter applies to a sentence of a fine; and subchapter B of chapter 229 shall apply to the court order in the same manner as that subchapter applies to the implementation of a sentence of a fine. Imposition of payment under subparagraph (A)(ii) shall not relieve a defendant of, or entitle a defendant to a reduction in the amount of, any special assessment, restitution, other fines, penalties, or costs, or other payments required under the defendant's sentence. Notwithstanding any other provision of law, if the court orders the defendant to make any payment under subparagraph (A)(ii), the court may provide a payment schedule that is concurrent with the payment of any other financial obligation described in subparagraph (C). There is authorized to be appropriated to the United States courts to carry out this subsection $15,000,000 for each fiscal year. Payments from appropriations authorized under subparagraph
(A)shall be made under the supervision of the Director of the Administrative Office of the United States Courts. .