18 U.S. Code § 2259 - Mandatory restitution
The date of enactment of this subsection, referred to in subsec. (d)(1)(D)(i), is the date of enactment of Pub. L. 115–299, which was approved Dec. 7, 2018.
2018—Subsec. (b)(1). Pub. L. 115–299, § 3(a)(1), substituted “Except as provided in paragraph (2), the order” for “The order” and struck out “as determined by the court pursuant to paragraph (2)” after “of the victim’s losses”.
Subsec. (b)(2). Pub. L. 115–299, § 3(a)(4), added par. (2). Former par. (2) redesignated (3).
Subsec. (c). Pub. L. 115–299, § 3(b)(1), (2), (5), substituted “Definitions” for “Definition” in subsec. heading, designated existing provisions as par. (4) and inserted par. heading, and added pars. (1) to (3).
Subsec. (c)(4). Pub. L. 115–299, § 3(b)(3), (4), substituted “under this chapter. In the case” for “under this chapter, including, in the case”, and inserted “may assume the crime victim’s rights under this section,” after “or any other person appointed as suitable by the court,”.
Subsec. (d). Pub. L. 115–299, § 4, added subsec. (d).
1996—Subsec. (a). Pub. L. 104–132, § 205(c)(1), inserted “or 3663A” after “3663”.
Subsec. (b)(1). Pub. L. 104–132, § 205(c)(2)(A), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The order of restitution under this section shall direct that—
“(B) the United States Attorney enforce the restitution order by all available and reasonable means.”
Subsec. (b)(2). Pub. L. 104–132, § 205(c)(2)(B), struck out “by victim” after “Enforcement” in heading and amended text generally. Prior to amendment, text read as follows: “An order of restitution may also be enforced by a victim named in the order to receive the restitution in the same manner as a judgment in a civil action.”
Subsec. (b)(4)(C), (D). Pub. L. 104–132, § 205(c)(2)(C), struck out subpars. (C) and (D), which related to court’s consideration of economic circumstances of defendant in determining schedule of payment of restitution orders, and court’s entry of nominal restitution awards where economic circumstances of defendant do not allow for payment of restitution, respectively.
Subsec. (b)(5) to (10). Pub. L. 104–132, § 205(c)(2)(D), struck out pars. (5) to (10), which related, respectively, to more than 1 offender, more than 1 victim, payment schedule, setoff, effect on other sources of compensation, and condition of probation or supervised release.
Subsec. (c). Pub. L. 104–132, § 205(c)(3), (4), redesignated subsec. (f) as (c) and struck out former subsec. (c) relating to proof of claim.
Subsecs. (d), (e). Pub. L. 104–132, § 205(c)(3), struck out subsecs. (d) and (e) which read as follows:
“(d) Modification of Order.—A victim or the offender may petition the court at any time to modify a restitution order as appropriate in view of a change in the economic circumstances of the offender.
“(e) Reference to Magistrate or Special Master.—The court may refer any issue arising in connection with a proposed order of restitution to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court.”
Subsec. (f). Pub. L. 104–132, § 205(c)(4), redesignated subsec. (f) as (c).
Amendment by Pub. L. 104–132 effective, to extent constitutionally permissible, for sentencing proceedings in cases in which defendant is convicted on or after Apr. 24, 1996, see section 211 of Pub. L. 104–132, set out as a note under section 2248 of this title.