§ 2264. — Restitution.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2264]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 110A--DOMESTIC VIOLENCE AND STALKING
Sec. 2264. Restitution
(a) In General.--Notwithstanding section 3663 or 3663A, and in
addition to any other civil or criminal penalty authorized by law, the
court shall order restitution for any offense under this chapter.
(b) Scope and Nature of Order.--
(1) Directions.--The order of restitution under this section
shall direct the defendant to pay the victim (through the
appropriate court mechanism) the full amount of the victim's losses
as determined by the court pursuant to paragraph (2).
(2) Enforcement.--An order of restitution under this section
shall be issued and enforced in accordance with section 3664 in the
same manner as an order under section 3663A.
(3) Definition.--For purposes of this subsection, the term
``full amount of the victim's losses'' includes any costs incurred
by the victim for--
(A) medical services relating to physical, psychiatric, or
psychological care;
(B) physical and occupational therapy or rehabilitation;
(C) necessary transportation, temporary housing, and child
care expenses;
(D) lost income;
(E) attorneys' fees, plus any costs incurred in obtaining a
civil protection order; and
(F) any other losses suffered by the victim as a proximate
result of the offense.
(4) Order mandatory.--(A) The issuance of a restitution order
under this section is mandatory.
(B) A court may not decline to issue an order under this section
because of--
(i) the economic circumstances of the defendant; or
(ii) the fact that a victim has, or is entitled to, receive
compensation for his or her injuries from the proceeds of
insurance or any other source.
(c) Victim Defined.--For purposes of this section, the term
``victim'' means the individual harmed as a result of a commission of a
crime under this chapter, including, in the case of a victim who is
under 18 years of age, 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.
(Added Pub. L. 103-322, title IV, Sec. 40221(a), Sept. 13, 1994, 108
Stat. 1928; amended Pub. L. 104-132, title II, Sec. 205(d), Apr. 24,
1996, 110 Stat. 1231.)
Amendments
1996--Subsec. (a). Pub. L. 104-132, Sec. 205(d)(1), inserted ``or
3663A'' after ``3663''.
Subsec. (b)(1). Pub. L. 104-132, Sec. 205(d)(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(d)(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(d)(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(d)(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(d)(3), (4), added subsec. (c)
and struck out former subsec. (c) which read as follows: ``Affidavit.--
Within 60 days after conviction and, in any event, not later than 10
days before sentencing, the United States Attorney (or such Attorney's
delegate), after consulting with the victim, shall prepare and file an
affidavit with the court listing the amounts subject to restitution
under this section. The affidavit shall be signed by the United States
Attorney (or the delegate) and the victim. Should the victim object to
any of the information included in the affidavit, the United States
Attorney (or the delegate) shall advise the victim that the victim may
file a separate affidavit and assist the victim in the preparation of
the affidavit.''
Subsecs. (d) to (g). Pub. L. 104-132, Sec. 205(d)(3), struck out
subsecs. (d) to (g), which related, respectively, to objection,
additional documentation and testimony, final determination of losses,
and restitution in addition to punishment.
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.
Section Referred to in Other Sections
This section is referred to in sections 3563, 3613, 3664 of this
title.
