H.R.5368 - Victims' Rights and Restitution Act of 1990101st Congress (1989-1990)
|Sponsor:||Rep. Oxley, Michael G. [R-OH-4] (Introduced 07/25/1990)|
|Committees:||House - Judiciary|
|Latest Action:||House - 08/06/1990 Referred to the Subcommittee on Criminal Justice. (All Actions)|
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Summary: H.R.5368 — 101st Congress (1989-1990)All Information (Except Text)
Introduced in House (07/25/1990)
Victims' Rights and Restitution Act of 1990 - Requires all Federal law enforcement agency officers and employees to make their best efforts to accord victims of crime with the right to: (1) be treated with fairness and respect for the victim's dignity and privacy; (2) be protected from their accused offenders; (3) notification of court proceedings; (4) attend public court proceedings related to the offense under certain conditions; (5) confer with the Government attorney assigned to the case; (6) restitution; and (7) information about the conviction, sentencing, imprisonment, and release of the offender. Directs Federal law enforcement agency heads to designate the persons responsible for identifying the victims of a crime and providing certain services to such victims such as: (1) informing them where to receive medical care and counseling; (2) arranging protection from an offender; and (3) keeping the victim informed of developments during the investigation and prosecution of the crime and after the trial such as the arrest of a suspected offender or an escape of a convicted offender.
Revises Federal criminal code provisions regarding orders of restitution. Requires Federal courts to order convicted criminals to pay restitution to cover the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim has received or is entitled to receive compensation with respect to a loss from other sources. (Currently orders of restitution are discretionary.) Authorizes Federal courts to order restitution for any person who, as shown by a preponderance of the evidence, was harmed physically, emotionally, or pecuniarily by the unlawful conduct of the defendant during the crime.
Amends the Federal bankruptcy code to prevent orders of restitution from being discharged as a result of bankruptcy.