,,ii #aacth ,,congress #b;d ,session ,s4 #bcdd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ae1 #bjad ,mr4 ,toomey introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend section #bbei of title #ah1 ,united ,states ,code4 #a4 ,short title ,this ,act may be cited as the ,justice for ,amy ,act of #bjad4 #b4 ,mandatory restitution ,section #bbei of title #ah1 ,united ,states ,code1 is amended to read as follows3 #bbei4 ,mandatory restitution 7a7 ,mandatory restitution 7#a7 ,in general ,notwithstanding section #cffc or #cffc;,a1 and in addition to any other civil or criminal penalty authorized by law1 the court shall order restitution for any offense under this chapter4 7#b7 ,requirements ,under this section-- 7,a7 the issuance of a restitution order is mandatory2 and 7,b7 a court may not decline to issue a restitution order because of-- 7i7 the economic circumstances of the defendant2 or 7ii7 the fact that a victim has received1 or is entitled to receive1 compensation for his or her injuries from the proceeds of insurance or any other source4 7b7 ,restitution for child pornography offenses 7#a7 ,calculation of victim's losses ,for a victim of a child pornography offense1 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 victim4 ,the amount of victim's losses shall include any costs incurred by the victim for-- 7,a7 medical services relating to physical1 psychiatric1 or psychological care2 7,b7 physical and occupational therapy or rehabilitation2 7,c7 necessary transportation1 temporary housing1 and child care expenses2 7,d7 lost income2 7,e7 attorneys' fees1 as well as other costs incurred2 and 7,f7 any other losses aggregately caused by the offenses4 7#b7 ,enforcement ,an order of restitution for a child pornography offense shall-- 7,a7 direct the defendant to pay the victim 7through the appropriate court mechanism7 the full amount of the victim's losses determined under paragraph 7#a72 and 7,b7 be issued and enforced in accordance with subsections 7a7 through 7d7 and subsections 7f7 through 7p7 of section #cffd4 7#c7 ,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 7#a7 and each defendant found to be jointly and severally liable shall pay an equal percentage of such losses4 7#d7 ,contribution 7,a7 ,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 ,states1 based upon a preponderance of the evidence1 for contribution against all other persons who have committed a related sexual abuse offense against the victim4 7,b7 ,suit by other persons ,a person who has been held jointly or severally liable in a civil action under subparagraph 7,c77iii7 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 victim4 7,c7 ,requirements for civil action ,in a civil action filed under subparagraph 7,a7 or 7,b7-- 7i7 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 action1 except that the identity of the respondent-- 7,i7 may be released by the ,court to a ,federal or local law enforcement agency for law enforcement purposes2 and 7,,ii7 shall be made public if the respondent-- 7aa7 enters into a settlement agreement in the civil action2 or 7bb7 is held liable in the civil action2 7ii7 the court shall determine whether the petitioner is entitled to contribution based on a preponderance of the evidence2 7iii7 the court shall determine whether the respondent has committed a related sexual abuse offense against the victim based on a preponderance of the evidence2 7iv7 if the court finds that the respondent has committed a related sexual abuse offense against the victim1 the respondent shall be jointly and severally liable for the victim's losses determined under paragraph 7#a72 7v7 the court shall order each person found to be jointly and severally liable for the victim's losses determined under paragraph 7#a7 to pay an equal percentage of such losses2 and 7vi7 in the case of a settlement agreement1 if the petitioner has not paid in full the amount owed to the victim under an order of restitution entered under this section1 any payment agreed to be made by the respondent shall be paid directly to the victim4 7c7 ,restitution for other offenses under this chapter 7#a7 ,calculation of victim's losses ,the order of restitution for an offense committed under this chapter1 other than a child pornography offense1 shall direct the defendant to pay the victim 7through the appropriate court mechanism7 the full amount of the victim's losses suffered as a proximate result of the defendant's offense4 ,the amount shall include any costs incurred by the victim for-- 7,a7 medical services relating to physical1 psychiatric1 or psychological care2 7,b7 physical and occupational therapy or rehabilitation2 7,c7 necessary transportation1 temporary housing1 and child care expenses2 7,d7 lost income2 7,e7 attorneys' fees1 as well as other costs incurred2 and 7,f7 any other losses proximately caused by the offense4 7#b7 ,enforcement ,an order of restitution for an offense committed under this chapter1 other than a child pornography offense1 shall be issued and enforced in accordance with section #cffd4 7d7 ,definitions ,for purposes of this section-- 7#a7 the term child pornography offense means an offense committed under section #bbea1 #bbea;,a1 #bbeb1 #bbeb;,a1 or #bbfj2 7#b7 the term related sexual abuse offense means any offense committed under section #bbea1 #bbea;,a1 #bbeb1 #bbeb;,a1 or #bbfj against a victim of a child pornography offense that is related to the production1 transport1 shipping1 distribution1 mail1 sale1 receipt1 access1 possession1 or viewing of a visual depiction 7as described in section #bbea1 #bbea;,a1 #bbeb1 or #bbfj7 or child pornography 7as described in section #bbeb;,a7 that is the subject of the child pornography offense against the victim2 and 7#c7 the term victim means the individual harmed as a result of a commission of a crime under this chapter1 including1 in the case of a victim who is under #ah years of age1 incompetent1 incapacitated1 or deceased1 the legal guardian of the victim or representative of the victim's estate1 another family member1 or any other person appointed as suitable by the court1 but in no event shall the defendant be named as such representative or guardian4 4 #c4 ,report ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general shall submit to ,congress a report on the efforts of the ,department of ,justice to collect restitution for victims of child pornography4