Notes on 18 U.S.C. § 2248 : US Code - Notes

Search Notes on 18 U.S.C. § 2248 : US Code - Notes

(Added Pub. L. 103-322, title IV, Sec. 40113(a)(1), Sept. 13, 1994,
108 Stat. 1904; amended Pub. L. 104-132, title II, Sec. 205(b),
Apr. 24, 1996, 110 Stat. 1231.)
AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-132, Sec. 205(b)(1), inserted "or
3663A" after "3663".
Subsec. (b)(1). Pub. L. 104-132, Sec. 205(b)(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 -
"(A) the defendant pay to the victim (through the appropriate
court mechanism) the full amount of the victim's losses as
determined by the court, pursuant to paragraph (3); and
"(B) the United States Attorney enforce the restitution order
by all available and reasonable means."
Subsec. (b)(2). Pub. L. 104-132, Sec. 205(b)(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 also may 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, Sec. 205(b)(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, Sec. 205(b)(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, Sec. 205(b)(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, Sec. 205(b)(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, Sec. 205(b)(4), redesignated
subsec. (f) as (c).
EFFECTIVE DATE OF 1996 AMENDMENT
Section 211 of title II of Pub. L. 104-132 provided that: "The
amendments made by this subtitle [subtitle A (Secs. 201-211) of
title II of Pub. L. 104-132, see Short Title of 1996 Amendment note
set out under section 3551 of this title] shall, to the extent
constitutionally permissible, be effective for sentencing
proceedings in cases in which the defendant is convicted on or
after the date of enactment of this Act [Apr. 24, 1996]."