S. 149Senate110th Congress (2007-2009)In Committee

Preserving Crime Victims' Restitution Act of 2007

Introduced January 4, 2007

Legislative Activity

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SenateFloor Latest Action

Star Print ordered on the bill.

January 30, 2007

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SenateIntro Referral

Introduced in Senate

January 4, 2007

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S138-139)

January 4, 2007

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S139-140)

January 4, 2007

SenateFloor

Star Print ordered on the bill.

January 30, 2007

Floor Debate

23 members

What members said about S. 149 on the floor

9 Republicans14 Democrats
Daniel K. Inouye
Sen. Daniel K. InouyeD-HI · Jan 4, 2007

Mr. President, I rise today to introduce the Rural Preventive Health Care Training Act, a bill that responds to the dire need of our rural communities for quality health care and disease prevention…

John F. Kerry
Sen. John F. KerryD-MA · Jan 4, 2007

Mr. President, today the first bill I am introducing in the 110th Congress is the Kids Come First Act, legislation that would ensure every child in America has health care coverage. The Kids Come…

John McCain
Sen. John McCainR-AZ · Jan 4, 2007

Mr. President, I am pleased to be joined today by Senators Snowe, Biden, and Lieberman in introducing the Rail Security Act of 2007. This legislation is nearly identical to the rail security measures…

Max Baucus
Sen. Max BaucusD-MT · Jan 4, 2007

Mr. President, back in 1962, Marshall McLuhan wrote, ``The new electronic interdependence recreates the world in the image of a global village.'' Certainly, 40 years later, that concept is truer than…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jan 4, 2007

Mr. President, I rise today to introduce legislation that will bring to a close 18 years of litigation between the Natural Resources Defense Council, the Friant Water Users Authority and the U.S.…

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Wayne Allard
Sen. Wayne AllardR-CO · Jan 4, 2007

Mr. President, another piece of legislation that I am introducing today addresses an issue important to citizens of southern Colorado. The problem is this: cable and satellite subscribers in two…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Jan 4, 2007

Mr. President, I am pleased to join with Senator Pryor to introduce the ``Effective Corruption Prosecutions Act of 2007,'' a bill to strengthen the tools available to Federal prosecutors in combating…

Barbara Boxer
Sen. Barbara BoxerD-CA · Jan 4, 2007

Mr. President, I am introducing a bill that would require that tap water be tested for perchlorate, and would ensure the public's right to know about perchlorate in their drinking water. I am pleased…

James M. Inhofe
Sen. James M. InhofeR-OK · Jan 4, 2007

Mr. President, I rise today, as an experienced pilot over age 60, along with my colleagues, Senator Stevens, Senator Lieberman and Senator Feingold, to once again introduce a bill that will help end…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Jan 4, 2007

Mr. President, I rise today to join my colleagues in cosponsoring S. 1, a bill to provide greater transparency in the legislative process. The recent elections sent a clear message to Congress that…

Herb Kohl
Sen. Herb KohlD-WI · Jan 4, 2007

Mr. President, I rise today on the first day of this new Congress to introduce the Citizen Petition Fairness and Accuracy Act of 2007. This legislation will help speed the introduction of cost-saving…

Barack Obama
Sen. Barack ObamaD-IL · Jan 4, 2007

Mr. President, I rise today to introduce legislation that is significant both in the problems it seeks to address and the man it seeks to honor. Since the day he arrived in Congress more than two…

Mary L. Landrieu
Sen. Mary L. LandrieuD-LA · Jan 4, 2007

Mr. President, at the end of the 109th Congress, I learned that the Internal Revenue Service had a tax surprise for citizens in my state of Louisiana and in Mississippi who are trying to rebuild…

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Arlen Specter
Sen. Arlen SpecterR-PA · Jan 4, 2007

Mr. President, I will introduce legislation denominated the Habeas Corpus Restoration Act. Last year, in the Military Commissions Act, the constitutional right of habeas corpus was attempted to be…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jan 4, 2007

Mr. President, today I am pleased to join Senator Sessions in re-introducing the ``Preserving Crime Victims' Restitution Act.'' The Act would clarify the rule of law and procedures that should be…

Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · Jan 4, 2007

Mr. President, I rise to introduce ``The Intelligence Community Audit Act of 2007,'' with Senator Lautenberg. This legislation reaffirms the authority of the Comptroller General of the United States…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Jan 4, 2007

Mr. President, few things are more indispensable to the United States than good schools. Today more than ever, a quality education is the gateway to achieving the American dream and the best…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Jan 4, 2007

Mr. President, I rise today as a proud cosponsor of S. 3988, the Lane Evans Veterans Healthcare and Benefits Improvement Act of 2007. After serving with Lane Evans in the House of Representatives for…

Jim Bunning
Sen. Jim BunningR-KY · Jan 4, 2007

Mr. President, I rise today to introduce the Coal-to- Liquid Fuel Promotion Act of 2007. For too long, America has ignored its energy security. Many of us can remember the energy crises of the 1970s.…

Frank R. Lautenberg
Sen. Frank R. LautenbergD-NJ · Jan 4, 2007

Mr. President, I rise today with great pride to reintroduce legislation which would create a national park in my hometown of Paterson, NJ, The Paterson Great Falls National Park Act of 2007, which I…

Kay Bailey Hutchison
Sen. Kay Bailey HutchisonR-TX · Jan 4, 2007

Mr. President, I am pleased to introduce a bill to permanently correct an injustice in the tax code that has harmed citizens in many States of this great Nation. State and local governments have…

Tom Harkin
Sen. Tom HarkinD-IA · Jan 4, 2007

Mr. President, over the past several years, our national energy security has deteriorated rapidly. Petroleum and natural gas prices have gone up and appear to be staying up. Almost daily, we hear…

Larry E. Craig
Sen. Larry E. CraigR-ID · Jan 4, 2007

Mr. President, today I am reintroducing the balanced budget amendment to the Constitution of the United States. I, for some years, along with my colleagues in a bipartisan way, have spoke to this…

Ken Salazar
Sen. Ken SalazarD-CO · Jan 4, 2007

Mr. President, I rise today to speak on behalf of legislation I am introducing today, which has the support and co- sponsorship of several of my colleagues including Senators Reid, Leahy, Feinstein,…

Bill Text

Latest available legislative text

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Introduced in SenateIssued January 4, 2007

II

110th CONGRESS

1st Session

S. 149

IN THE SENATE OF THE UNITED STATES

January 4, 2007

Mrs. Feinstein (for herself and Mr. Sessions) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To address the effect of the death of a defendant in Federal criminal proceedings.

1.

Short title

This Act may be cited as the Preserving Crime Victims' Restitution Act of 2007.

2.

Effect of death of a defendant in Federal criminal proceedings

(a)

In General

Subchapter A of chapter 227 of title 18, United States Code, is amended by adding at the end the following:

3560.

Effect of death of a defendant in Federal criminal proceedings

(a)

General Rule

Notwithstanding any other provision of law, the death of a defendant who has been convicted of a Federal criminal offense shall not be the basis for abating or otherwise invalidating a plea of guilty or nolo contendere accepted, a verdict returned, a sentence announced, or a judgment entered prior to the death of that defendant, or for dismissing or otherwise invalidating the indictment, information, or complaint on which such a plea, verdict, sentence, or judgment is based, except as provided in this section.

(b)

Death After Plea or Verdict

(1)

Entry of judgment

If a defendant dies after a plea of guilty or nolo contendere has been accepted or a verdict has been returned, but before judgment is entered, the court shall enter a judgment incorporating the plea of guilty or nolo contendere or the verdict, with the notation that the defendant died before the judgment was entered.

(2)

Punitive sanctions

(A)

Death before sentence announced

If a defendant dies after a plea of guilty or nolo contendere has been accepted or a verdict has been returned and before a sentence has been announced, no sentence of probation, supervision, or imprisonment may be imposed, no criminal forfeiture may be ordered, and no liability for a fine or special assessment may be imposed on the defendant or the defendant’s estate.

(B)

Death after sentencing or judgment

The death of a defendant after a sentence has been announced or a judgment has been entered, and before that defendant has exhausted or waived the right to a direct appeal—

(i)

shall terminate any term of probation, supervision, or imprisonment, and shall terminate the liability of that defendant to pay any amount remaining due of a criminal forfeiture, of a fine under section 3613(b), or of a special assessment under section 3013; and

(ii)

shall not require return of any portion of any criminal forfeiture, fine, or special assessment already paid.

(3)

Restitution

(A)

Death before sentence announced

If a defendant dies after a plea of guilty or nolo contendere has been accepted or a verdict has been returned and before a sentence has been announced, the court shall, upon a motion under subsection (c)(2) by the Government or any victim of that defendant’s crime, commence a special restitution proceeding at which the court shall adjudicate and enter a final order of restitution against the estate of that defendant in an amount equal to the amount that would have been imposed if that defendant were alive.

(B)

Death after sentencing or judgment

The death of a defendant after a sentence has been announced shall not be a basis for abating or otherwise invalidating restitution announced at sentencing or ordered after sentencing under section 3664(d)(5) of this title or any other provision of law.

(4)

Civil proceedings

The death of a defendant after a plea of guilty or nolo contendere has been accepted, a verdict returned, a sentence announced, or a judgment entered, shall not prevent the use of that plea, verdict, sentence, or judgment in civil proceedings, to the extent otherwise permitted by law.

(c)

Appeals, Motions, and Petitions

(1)

In general

Except as provided in paragraph (2), after the death of a defendant convicted in a criminal case—

(A)

no appeal, motion, or petition by or on behalf of that defendant or the personal representative or estate of that defendant, the Government, or a victim of that defendant’s crime seeking to challenge or reinstate a plea of guilty or nolo contendere accepted, a verdict returned, a sentence announced, or a judgment entered prior to the death of that defendant shall be filed in that case after the death of that defendant; and

(B)

any pending motion, petition, or appeal in that case shall be dismissed with the notation that the dismissal is due to the death of the defendant.

(2)

Exceptions

(A)

Restitution

If a defendant dies after being convicted in a criminal case but prior to sentencing or the exhaustion or waiver of direct appeal, the personal representative of that defendant, the Government, or any victim of that defendant’s crime may file or pursue an otherwise permissible direct appeal, petition for mandamus or a writ of certiorari, or an otherwise permissible motion described in section 3663, 3663A, 3664, or 3771, to the extent that the appeal, petition, or motion raises an otherwise permissible claim to—

(i)

obtain, in a special restitution proceeding, a final order of restitution under subsection (b)(3);

(ii)

enforce, correct, amend, adjust, reinstate, or challenge any order of restitution; or

(iii)

challenge or reinstate a verdict, plea of guilty or nolo contendere, sentence, or judgment on which—

(I)

a restitution order is based; or

(II)

restitution is being or will be sought by an appeal, petition, or motion under this paragraph.

(B)

Other civil actions affected

If a defendant dies after being convicted in a criminal case but prior to sentencing or the exhaustion or waiver of direct appeal, the personal representative of that defendant, the Government, or any victim of that defendant’s crime may file or pursue an otherwise permissible direct appeal, petition for mandamus or a writ of certiorari, or an otherwise permissible motion under the Federal Rules of Criminal Procedure, to the extent that the appeal, petition, or motion raises an otherwise permissible claim to challenge or reinstate a verdict, plea of guilty or nolo contendere, sentence, or judgment that the appellant, petitioner, or movant shows by a preponderance of the evidence is, or will be, material in a pending or reasonably anticipated civil proceeding, including civil forfeiture proceedings.

(C)

Collateral consequences

(i)

In general

Except as provided in subparagraphs (A) and (B), the Government may not restrict any Federal benefits or impose collateral consequences on the estate or a family member of a deceased defendant based solely on the conviction of a defendant who died before that defendant exhausted or waived the right to direct appeal unless, not later than 90 days after the death of that defendant, the Government gives notice to that estate or family member of the intent of the Government to take such action.

(ii)

Personal representative

If the Government gives notice under clause (i), the court shall appoint a personal representative for the deceased defendant that is the subject of that notice, if not otherwise appointed, under section (d)(2)(A).

(iii)

Tolling

If the Government gives notice under clause (i), any filing deadline that might otherwise apply against the defendant, the estate of the defendant, or a family member of the defendant shall be tolled until the date of the appointment of that defendant’s personal representative under clause (ii).

(3)

Basis

In any appeal, petition, or motion under paragraph (2), the death of the defendant shall not be a basis for relief.

(d)

Procedures Regarding Continuing Litigation

(1)

In general

The standards and procedures for a permitted appeal, petition, motion, or other proceeding under subsection (c)(2) shall be the standards and procedures otherwise provided by law, except that the personal representative of the defendant shall be substituted for the defendant.

(2)

Special procedures

If continuing litigation is initiated or could be initiated under subsection (c)(2), the following procedures shall apply:

(A)

Notice and appointment of personal representative

The district court before which the criminal case was filed (or the appellate court if the matter is pending on direct appeal) shall—

(i)

give notice to any victim of the convicted defendant under section 3771(a)(2), and to the personal representative of that defendant or, if there is none, the next of kin of that defendant; and

(ii)

appoint a personal representative for that defendant, if not otherwise appointed.

(B)

Counsel

Counsel shall be appointed for the personal representative of a defendant convicted in a criminal case who dies if counsel would have been available to that defendant, or if the personal representative of that defendant requests counsel and otherwise qualifies for the appointment of counsel, under section 3006A.

(C)

Tolling

The court shall toll any applicable deadline for the filing of any motion, petition, or appeal during the period beginning on the date of the death of a defendant convicted in a criminal case and ending on the later of—

(i)

the date of the appointment of that defendant’s personal representative; or

(ii)

where applicable, the date of the appointment of counsel for that personal representative.

(D)

Restitution

If restitution has not been fully collected on the date on which a defendant convicted in a criminal case dies—

(i)

any amount owed under a restitution order (whether issued before or after the death of that defendant) shall be collectible from any property from which the restitution could have been collected if that defendant had survived, regardless of whether that property is included in the estate of that defendant;

(ii)

any restitution protective order in effect on the date of the death of that defendant shall continue in effect unless modified by the court after hearing or pursuant to a motion by the personal representative of that defendant, the Government, or any victim of that defendant’s crime; and

(iii)

upon motion by the Government or any victim of that defendant’s crime, the court shall take any action necessary to preserve the availability of property for restitution under this section.

(e)

Forfeiture

(1)

In general

Except as provided in paragraph (2), the death of an individual does not affect the Government’s ability to seek, or to continue to pursue, civil forfeiture of property as authorized by law.

(2)

Tolling of limitations for civil forfeiture

Notwithstanding the expiration of any civil forfeiture statute of limitations or any time limitation set forth in section 983(a) of this title, not later than the later of the time period otherwise authorized by law and 2 years after the date of the death of an individual against whom a criminal indictment alleging forfeiture is pending, the Government may commence civil forfeiture proceedings against any interest in any property alleged to be forfeitable in the indictment of that individual.

(f)

Definitions

In this section—

(1)

the term accepted, relating to a plea of guilty or nolo contendere, means that a court has determined, under rule 11(b) of the Federal Rules of Criminal Procedure, that the plea is voluntary and supported by a factual basis, regardless of whether final acceptance of that plea may have been deferred pending review of a presentence report or otherwise;

(2)

the term announced, relating to a sentence, means that the sentence has been orally stated in open court;

(3)

the term convicted refers to a defendant—

(A)

whose plea of guilty or nolo contendere has been accepted; or

(B)

against whom a verdict of guilty has been returned;

(4)

the term direct appeal means an appeal filed, within the period provided by rule 4(b) of the Federal Rules of Appellate Procedure, from the entry of the judgment or order of restitution, including review by the Supreme Court of the United States; and

(5)

the term returned, relating to a verdict, means that the verdict has been orally stated in open court.

.

(b)

Conforming Amendment

The table of sections for chapter 227 of title 18, United States Code, is amended by adding at the end the following:

3560. Effect of death of a defendant in Federal criminal proceedings.

.

3.

Effective date

The amendments made by this Act shall apply to any criminal case or appeal pending on or after July 1, 2006.

4.

Severability

If any provision of this Act, any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of the provisions of this Act, the amendments made by this Act, and the application of such provisions or amendments to any person or circumstance shall not be affected.