Notes on 18 U.S.C. § 2327 : US Code - Notes

Search Notes on 18 U.S.C. § 2327 : US Code - Notes

(Added Pub. L. 103-322, title XXV, Sec. 250002(a)(2), Sept. 13,
1994, 108 Stat. 2082; amended Pub. L. 104-132, title II, Sec.
205(e), Apr. 24, 1996, 110 Stat. 1232; Pub. L. 104-294, title VI,
Sec. 601(n), Oct. 11, 1996, 110 Stat. 3502; Pub. L. 105-184, Sec.
5, June 23, 1998, 112 Stat. 520.)
AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-184, Sec. 5(1), substituted "to
all victims of any offense for which an enhanced penalty is
provided under section 2326" for "for any offense under this
chapter".
Subsec. (c). Pub. L. 105-184, Sec. 5(2), added subsec. (c) and
struck out former subsec. (c) which read as follows:
"(c) Definition. - For purposes of this section, the term
'victim' includes the individual harmed as a result of a commission
of a crime under this chapter, including, in the case of a victim
who is incompetent, incapacitated, or deceased, the legal guardian
of the victim or representative of the victim's estate, another
family member, or any other person appointed as suitable by the
court, but in no event shall the defendant be named as such
representative or guardian."
1996 - Subsec. (a). Pub. L. 104-132, Sec. 205(e)(1), inserted "or
3663A" after "3663".
Subsec. (b)(1). Pub. L. 104-132, Sec. 205(e)(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(e)(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 be enforced by a victim named in the order to
receive the restitution as well as by the United States Attorney,
in the same manner as a judgment in a civil action."
Subsec. (b)(4)(C), (D). Pub. L. 104-132, Sec. 205(e)(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(e)(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. 104-294, which directed substitution of
"designee" for "delegee" wherever appearing, could not be executed
because of amendment by Pub. L. 104-132, Sec. 205(e)(3), (4). See
below.
Pub. L. 104-132, Sec. 205(e)(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(e)(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(e)(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.