Page:United States Statutes at Large Volume 110 Part 2.djvu/55

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PUBLIC LAW 104-132—APR. 24, 1996 110 STAT. 1229 "(c)(1) This section shall apply in all sentencing proceedings Applicability. for convictions of, or plea agreements relating to charges for, any offense— "(A) that is— "(i) a crime of violence, as defined in section 16; "(ii) an offense against property under this title, including any offense committed by fraud or deceit; or "(iii) an offense described in section 1365 (relating to tampering with consumer products); and "(B) in which an identifiable victim or victims has suffered a physical injury or pecuniary loss. "(2) In the case of a plea agreement that does not result in a conviction for an offense described in paragraph (1), this section shall apply only if the plea specifically states that an offense listed under such paragraph gave rise to the plea agreement. "(3) This section shall not apply in the case of an offense described in paragraph (l)(A)(ii) if the court finds, from facts on the record, that— "(A) the number of identifiable victims is so large as to make restitution impracticable; or "(B) determining complex issues of fact related to the cause or amount of the victim's losses would complicate or prolong the sentencing process to a degree that the need to provide restitution to any victim is outweighed by the burden on the sentencing process. "(d) An order of restitution under this section shall be issued and enforced in accordance with section 3664.". (b) CLERICAL AMENDMENT. — The analysis for chapter 232 of title 18, United States Code, is amended by inserting immediately after the matter relating to section 3663 the following: "3663A. Mandatory restitution to victims of certain crimes.". SEC. 205. ORDER OF RESTITUTION TO VICTIMS OF OTHER CRIMES. (a) IN GENERAL.— Section 3663 of title 18, United States Code, is amended— (1) in subsection (a)(1)— (A) by striking "(a)(1) The court" and inserting "(a)(1)(A) The court"; (B) by inserting ", section 401, 408(a), 409, 416, 420, or 422(a) of the Controlled Substances Act (21 U.S.C. 841, 848(a), 849, 856, 861, 863) (but in no case shall a participant in an offense under such sections be considered a victim of such offense under this section)," before "or section 46312,"; (C) by inserting "other thgin an offense described in section 3663A(c)," afler "title 49,"; (D) by inserting before the period at the end the following: ", or if the victim is deceased, to the victim's estate"; (E) by adding at the end the following new subparagraph: "(B)(i) The court, in determining whether to order restitution under this section, shall consider— "(I) the amount of the loss sustained by each victim as a result of the offense; and "(II) the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant's