§ 2327. — Mandatory 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: 18USC2327]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 113A--TELEMARKETING FRAUD
Sec. 2327. Mandatory 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 to all victims of any offense for which an
enhanced penalty is provided under section 2326.
(b) Scope and Nature of Order.--
(1) Directions.--The order of restitution under this section
shall direct the defendant to 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 (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'' means all 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.--In this section, the term ``victim'' has the
meaning given that term in section 3663A(a)(2).
(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.
Section Referred to in Other Sections
This section is referred to in sections 3563, 3613, 3664 of this
title.
