Page:United States Statutes at Large Volume 110 Part 2.djvu/58

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110 STAT. 1232 PUBLIC LAW 104-132—APR. 24, 1996 "(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."; (C) in paragraph (4), by striking subparagraphs (C) and (D); and (D) by striking paragraphs (5) through (10); (3) by striking subsections (c) through (g); and (4) by adding at the end the following new subsection (c): "(c) VICTIM DEFINED. —For purposes of this section, 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.". (e) TELEMARKETING FRAUD. —Section 2327 of title 18, United States Code, is amended— (1) in subsection (a), by inserting "or 3663A" after "3663"; (2) in subsection (b)— (A) by amending paragraph (1) to read as follows: "(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)."; (B) by amending paragraph (2) to read as follows: "(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."; (C) in paragraph (4), by striking subparagraphs (C) and (D); and (D) by striking paragraphs (5) through (10); (3) by striking subsections (c) through (e); and (4) by redesignating subsection (f) as subsection (c). SEC. 206. PROCEDURE FOR ISSUANCE OF RESTITUTION ORDER. (a) IN GENERAL.— Section 3664 of title 18, United States Code, is amended to read as follows: '^§3664. Procedure for issuance and enforcement of order of restitution Reports. "(a) For orders of restitution under this title, the court shall order the probation officer to obtain and include in its presentence report, or in a separate report, as the court may direct, information sufficient for the court to exercise its discretion in fashioning a restitution order. The report shall include, to the extent practicable, a complete accounting of the losses to each victim, any restitution owed pursuant to a plea agreement, and information relating to the economic circumstances of each defendant. If the number or identity of victims cannot be reasonably ascertained, or other circumstances exist that make this requirement clearly impracticable, the probation officer shall so inform the court. "(b) The court shall disclose to both the defendant and the attorney for the Government all portions of the presentence or