Notes on 18 U.S.C. § 2259 : US Code - Notes

Search Notes on 18 U.S.C. § 2259 : US Code - Notes

    (Added Pub. L. 103-322, title IV, Sec. 40113(b)(1), Sept. 13, 1994,
    108 Stat. 1907; amended Pub. L. 104-132, title II, Sec. 205(c),
    Apr. 24, 1996, 110 Stat. 1231.)



                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-132, Sec. 205(c)(1), inserted "or
    3663A" after "3663".
      Subsec. (b)(1). Pub. L. 104-132, Sec. 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 - 
        "(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(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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 205(c)(4), redesignated
    subsec. (f) as (c).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      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.