S. 2301Senate113th Congress (2013-2015)In Committee

Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014

Introduced May 7, 2014

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

May 7, 2014

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SenateIntro Referral

Introduced in Senate

May 7, 2014

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S2798-2799)

May 7, 2014

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

May 7, 2014

Floor Debate

15 members

What members said about S. 2301 on the floor

7 Republicans7 Democrats1 Independent
John Cornyn
Sen. John CornynR-TX · May 7, 2014

Madam President, I was on the floor, as was the Presiding Officer, listening to the distinguished Republican leader's glowing tribute to this fallen warrior. We were moved, certainly, by it. He…

Mitch McConnell
Sen. Mitch McConnellR-KY · May 7, 2014

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, earlier this morning it was suggested that Republicans are creating a problem on the…

James M. Inhofe
Sen. James M. InhofeR-OK · May 7, 2014

Madam President, I ask unanimous consent that the quorum call be rescinded. Madam President, it is my understanding that the Senator from Missouri Mr. Blunt will be recognized next for 10 minutes or…

David Vitter
Sen. David VitterR-LA · May 7, 2014

I ask unanimous consent that the order for the quorum call be rescinded. Madam President, I come to the floor to speak about an issue we should all be concerned about, the State of veterans health…

Bernard Sanders
Sen. Bernard SandersI-VT · May 7, 2014

Reserving the right to object. Madam President, let me touch on a few of the points of my distinguished colleague from Louisiana. First of all, regarding the allegations against the VA in Phoenix, as…

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Christopher A. Coons
Sen. Christopher A. CoonsD-DE · May 7, 2014

Madam President, our Nation's police officers work fearlessly and tirelessly every day to protect our families and to keep our communities safe. As we get ready to honor their service during National…

Edward J. Markey
Rep. Edward J. MarkeyD-MA-5 · May 7, 2014

Madam President, I rise today in support of the nomination of Indira Talwani to the United States District Court for the District of Massachusetts. Ms. Talwani is a brilliant and accomplished…

Roy Blunt
Sen. Roy BluntR-MO · May 7, 2014

Madam President, I ask unanimous consent that the quorum call be rescinded. Madam President, I thank my good friend from Oklahoma for ensuring that I have the time to talk for a few minutes about an…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · May 7, 2014

Mr. President, the majority leader has brought to the attention of the Senate today the headline news across America. This report by our government about what we are facing with environmental changes…

John Barrasso
Sen. John BarrassoR-WY · May 7, 2014

I ask unanimous consent that the order for the quorum call be rescinded. I ask unanimous consent to be able to speak as in morning business. Madam President, I come to the floor to talk once more…

Debbie Stabenow
Sen. Debbie StabenowD-MI · May 7, 2014

I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I rise to talk about an issue that impacts tens of millions of people across the country and hangs over our…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · May 7, 2014

Mr. President, today I will introduce legislation that will help victims of one of the most vicious crimes and one of the most evil crimes in our society: child pornography. When Congress enacted the…

Harry Reid
Sen. Harry ReidD-NV · May 7, 2014

Mr. President, my staff just told me we are now at more than 500 filibusters--500. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, more than a…

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Mark R. Warner
Sen. Mark R. WarnerD-VA · May 7, 2014

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, this week we celebrate Public Service Recognition Week to honor public servants at all…

Tim Johnson
Sen. Tim JohnsonD-SD · May 7, 2014

Mr. President, today Senator Murkowski and I introduce the Native American Languages Reauthorization Act of 2014. We are also joined by our fellow colleagues and cosponsors of this bill: Senators…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · May 7, 2014

I suggest the absence of a quorum.

Bill Text

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Introduced in SenateIssued May 7, 2014

II

113th CONGRESS

2d Session

S. 2301

IN THE SENATE OF THE UNITED STATES

May 7, 2014

Mr. Hatch (for himself, Mr. Schumer, Mr. Portman, Mr. Markey, Mr. Toomey, Mrs. Murray, Mr. Graham, Mrs. Feinstein, Mr. Grassley, Mr. McCain, Mr. Cornyn, Ms. Klobuchar, and Mr. Pryor) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend section 2259 of title 18, United States Code, and for other purposes.

1.

Short title

This Act may be cited as the Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014.

2.

Findings

Congress finds the following:

(1)

The demand for child pornography harms children because it drives production, which involves severe and often irreparable child sexual abuse and exploitation.

(2)

The harms caused by child pornography are more extensive than the harms caused by child sex abuse alone because child pornography is a permanent record of the abuse of the depicted child, and the harm to the child is exacerbated by its circulation. Every viewing of child pornography is a repetition of the victim's original childhood sexual abuse.

(3)

Victims suffer continuing and grievous harm as a result of knowing that a large, indeterminate number of individuals have viewed and will in the future view images of their childhood sexual abuse. Harms of this sort are a major reason that child pornography is outlawed.

(4)

The unlawful collective conduct of every individual who reproduces, distributes, or possesses the images of a victim’s childhood sexual abuse plays a part in sustaining and aggravating the harms to that individual victim. Multiple actors independently commit intentional crimes that combine to produce an indivisible injury to a victim.

(5)

It is the intent of Congress that victims of child pornography be fully compensated for all the harms resulting from each and every perpetrator who contributes to their anguish.

(6)

Congress intends to adopt and hereby adopts an aggregate causation standard to address the unique crime of child pornography and the unique harms caused by child pornography.

(7)

Victims should not be limited to receiving restitution from defendants only for losses caused by each defendant’s own offense of conviction. Courts must apply a less restrictive aggregate causation standard in child pornography cases, while also recognizing appropriate constitutional limits and protections for defendants.

3.

Mandatory restitution

Section 2259 of title 18, United States Code, is amended—

(1)

in subsection (b), by striking paragraph (3) and inserting the following:

(3)

Definition

(A)

For purposes of this subsection, the term full amount of the victim's losses includes any costs incurred by the victim for—

(i)

lifetime medical services relating to physical, psychiatric, or psychological care;

(ii)

lifetime physical and occupational therapy or rehabilitation;

(iii)

necessary transportation, temporary housing, and child care expenses;

(iv)

lifetime lost income; and

(v)

attorneys’ fees, as well as other costs incurred.

(B)

For purposes of this subsection, the term full amount of the victim's losses also includes any other losses suffered by the victim, in addition to the costs listed in subparagraph (A), if those losses are a proximate result of the offense.

(C)

For purposes of this subsection, the term full amount of the victim's losses also includes any losses suffered by the victim from any sexual act or sexual conduct (as those terms are defined in section 2246) in preparation for or during the production of child pornography depicting the victim involved in the offense.

;

(2)

by redesignating subsection (c) as subsection (d);

(3)

by inserting after subsection (b) the following:

(c)

Determining restitution

(1)

Harmed by one defendant

If the victim was harmed as a result of the commission of an offense under section 2251, 2251A, 2252, 2252A, or 2260 by 1 defendant, the court shall determine the full amount of the victim's losses caused by the defendant and enter an order of restitution for an amount that is not less than the full amount of the victim's losses.

(2)

Harmed by more than one defendant

If the victim was harmed as a result of offenses under section 2251, 2251A, 2252, 2252A, or 2260 by more than 1 person, regardless of whether the persons have been charged, prosecuted, or convicted in any Federal or State court of competent jurisdiction within the United States, the court shall determine the full amount of the victim’s losses caused by all such persons, or reasonably expected to be caused by such persons, and enter an order of restitution against the defendant in favor of the victim for—

(A)

the full amount of the victim's losses; or

(B)

an amount that is not more than the amount described in subparagraph (A) and not less than—

(i)

$250,000 for any offense or offenses under section 2251(a), 2251(b), 2251(c), 2251A, 2252A(g), or 2260(a);

(ii)

$150,000 for any offense or offenses under section 2251(d), 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2252A(a)(6), 2252A(a)(7), or 2260(b); or

(iii)

$25,000 for any offense or offenses under section 2252(a)(4) or 2252A(a)(5).

(3)

Maximum amount of restitution

No order of restitution issued under this section may exceed the full amount of the victim's losses.

(4)

Joint and several liability

Each defendant against whom an order of restitution is issued under paragraph (2)(A) shall be jointly and severally liable to the victim with all other defendants against whom an order of restitution is issued under paragraph (2)(A) in favor of such victim.

(5)

Contribution

Each defendant who is ordered to pay restitution under paragraph (2)(A), and has made full payment to the victim equal to or exceeding the statutory minimum amount described in paragraph (2)(B), may recover contribution from any defendant who is also ordered to pay restitution under paragraph (2)(A). Such claims shall be brought in accordance with this section and the Federal Rules of Civil Procedure. In resolving contribution claims, the court may allocate payments among liable parties using such equitable factors as the court determines are appropriate so long as no payments to victims are reduced or delayed. No action for contribution may be commenced more than 5 years after the date on which the defendant seeking contribution was ordered to pay restitution under this section.

;

(4)

in subsection (d), as redesignated, by striking a commission of a crime under this chapter, and inserting or by the commission of (i) an offense under this chapter or (ii) a series of offenses under this chapter committed by the defendant and other persons causing aggregated losses,; and

(5)

by adding at the end the following:

(e)

Report

Not later than 1 year after the date of enactment of the Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014, the Attorney General shall submit to Congress a report on the progress, if any, of the Department of Justice in obtaining restitution for victims of any offense under section 2251, 2251A, 2252, 2252A, or 2260.

.