S. 2344 — Introduced in Senate

II 113th CONGRESS 2d Session S. 2344 IN THE SENATE OF THE UNITED STATES May 15, 2014 Mr. Toomey introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend section 2259 of title 18, United States Code. 1. Short title This Act may be cited as the Justice for Amy Act of 2014. 2. Mandatory restitution Section 2259 of title 18, United States Code, is amended to read as follows: 2259. Mandatory restitution (a) Mandatory restitution (1) 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. (2) Requirements Under this section— (A) the issuance of a restitution order is mandatory; and (B) a court may not decline to issue a restitution order because of— (i) the economic circumstances of the defendant; or (ii) the fact that a victim has received, or is entitled to receive, compensation for his or her injuries from the proceeds of insurance or any other source. (b) Restitution for child pornography offenses (1) Calculation of victim's losses For a victim of a child pornography offense, the court shall apply the principle of aggregate causation to determine the full amount of the victim's losses caused by the child pornography offense and all related sexual abuse offenses committed by all persons against the victim. The amount of victim's losses shall include 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, as well as other costs incurred; and (F) any other losses aggregately caused by the offenses. (2) Enforcement An order of restitution for a child pornography offense shall— (A) direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim's losses determined under paragraph (1); and (B) be issued and enforced in accordance with subsections (a) through (d) and subsections (f) through (p) of section 3664. (3) Joint and several liability A defendant convicted of a child pornography offense or a related sexual abuse offense against a victim shall be jointly and severally liable for the victim's losses determined under paragraph (1) and each defendant found to be jointly and severally liable shall pay an equal percentage of such losses. (4) Contribution (A) Suit by convicted defendants A defendant convicted of a child pornography offense or a related sexual abuse offense against a victim may bring a civil action in a district court of the United States, based upon a preponderance of the evidence, for contribution against all other persons who have committed a related sexual abuse offense against the victim. (B) Suit by other persons A person who has been held jointly or severally liable in a civil action under subparagraph (C)(iii) may bring a civil action in a district court of the United States for contribution against all other persons who have committed a related sexual abuse offense against the victim. (C) Requirements for civil action In a civil action filed under subparagraph (A) or (B)— (i) the identity of the respondent in the civil action shall be kept confidential if the respondent has not been convicted of the offense alleged in the civil action, except that the identity of the respondent— (I) may be released by the Court to a Federal or local law enforcement agency for law enforcement purposes; and (II) shall be made public if the respondent— (aa) enters into a settlement agreement in the civil action; or (bb) is held liable in the civil action; (ii) the court shall determine whether the petitioner is entitled to contribution based on a preponderance of the evidence; (iii) the court shall determine whether the respondent has committed a related sexual abuse offense against the victim based on a preponderance of the evidence; (iv) if the court finds that the respondent has committed a related sexual abuse offense against the victim, the respondent shall be jointly and severally liable for the victim's losses determined under paragraph (1); (v) the court shall order each person found to be jointly and severally liable for the victim's losses determined under paragraph (1) to pay an equal percentage of such losses; and (vi) in the case of a settlement agreement, if the petitioner has not paid in full the amount owed to the victim under an order of restitution entered under this section, any payment agreed to be made by the respondent shall be paid directly to the victim. (c) Restitution for other offenses under this chapter (1) Calculation of victim's losses The order of restitution for an offense committed under this chapter, other than a child pornography offense, shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim’s losses suffered as a proximate result of the defendant's offense. The amount shall include 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, as well as other costs incurred; and (F) any other losses proximately caused by the offense. (2) Enforcement An order of restitution for an offense committed under this chapter, other than a child pornography offense, shall be issued and enforced in accordance with section 3664. (d) Definitions For purposes of this section— (1) the term child pornography offense means an offense committed under section 2251, 2251A, 2252, 2252A, or 2260; (2) the term related sexual abuse offense means any offense committed under section 2251, 2251A, 2252, 2252A, or 2260 against a victim of a child pornography offense that is related to the production, transport, shipping, distribution, mail, sale, receipt, access, possession, or viewing of a visual depiction (as described in section 2251, 2251A, 2252, or 2260) or child pornography (as described in section 2252A) that is the subject of the child pornography offense against the victim; and (3) 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. . 3. Report Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the efforts of the Department of Justice to collect restitution for victims of child pornography.