Victim Restitution Enhancement Act of 1995
Victim Restitution Enhancement Act of 1995 - Amends the Federal criminal code to provide that a restitution order shall require the defendant to submit a sworn statement listing all owned or controlled assets and to make payment immediately unless, in the interest of justice, the court provides for payment on a date certain or in installments. Specifies that: (1) installments shall be in equal monthly payments over a prescribed period; and (2) a payment period shall not exceed five years, excluding any term of imprisonment served by the defendant for the offense.
Authorizes a victim to bring an action to enforce a restitution order until 20 years after the date of the order.
Specifies that no discharge of debt pursuant to a bankruptcy proceeding shall render an order of restitution unenforceable or discharge liability to pay restitution.
Declares that a restitution order constitutes a lien upon all property belonging to the defendant in favor of the designated agent for a crime victim (or, if such victim cannot be identified, in favor of the United States or any State agency charged with providing restitution to crime victims). Directs the court ordering restitution to notify all potential claimants entitled to restitution.
Sets forth provisions regarding: (1) a requirement that the Attorney General or others holding such a lien issue a certificate of release or of discharge under specified circumstances; and (2) the applicability of various provisions of the Internal Revenue Code to such restitution orders and liens.
Allows an order of restitution to be enforced by execution against property in like manner as judgments in civil cases. Requires a person against whom restitution is ordered, whose assets are subject to such a lien, and who files any civil action seeking money damages (including an action filed during a period of incarceration) to notify the Attorney General and each person entitled to receive restitution of the filing of the action. Makes failure to timely provide actual notice grounds for dismissal of the underlying civil action. Permits a person entitled to receive restitution, the Office of Victims of Crime of the Department of Justice, or any State agency charged with providing restitution to crime victims to intervene in such a civil action if the court determines that such intervention would be in the interests of justice.
Amends the Federal judicial code to require that court costs include any amount advanced to purchase contraband in a sting operation during the investigation resulting in a conviction.
Read twice and referred to the Committee on Judiciary.