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S.4055 - Preserving Crime Victims' Restitution Act of 2006

A bill to address the effect of the death of a defendant in Federal criminal proceedings. view all titles (3)

All Bill Titles

  • Short: Preserving Crime Victims' Restitution Act of 2006 as introduced.
  • Short: Preserving Crime Victims' Restitution Act of 2006 as passed senate.
  • Official: A bill to address the effect of the death of a defendant in Federal criminal proceedings. as introduced.

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Introduced
 
Senate
Passed
 
House
Passes
 
President
Signs
 

 
11/15/06
 
12/09/06
 
 
 
 
 

Official Summary

Preserving Crime Victims' Restitution Act of 2006 - Amends the federal criminal code to establish guidelines for federal criminal cases in which a defendant dies before entry of a final judgment of guilt (deceased defendants). Provides, as a general rule, that the death of a defendant

Official Summary

Preserving Crime Victims' Restitution Act of 2006 - Amends the federal criminal code to establish guidelines for federal criminal cases in which a defendant dies before entry of a final judgment of guilt (deceased defendants). Provides, as a general rule, that the death of a defendant who has been convicted of a federal criminal offense shall not be the basis for abating or otherwise invalidating a plea of guilty or nolo contendere, a verdict returned, a sentence announced, or a judgment entered prior to the death of such defendant, or for dismissing or invalidating the indictment, information, or complaint on which such a plea, verdict, sentence, or judgment is based, except as provided by this Act.Requires a trial court, in a case in which a defendant admits guilt or is found guilty by a jury, but dies before final judgment, to:
(1) enter a judgment with the notation that the defendant died before judgment was entered; and
(2) commence a special restitution proceeding upon the motion of the government or any victim of the defendant's crime.Permits the use of a guilty plea of a deceased defendant in subsequent civil proceedings.Allows the personal representative of a defendant's estate to file an appeal of the deceased defendant's conviction and of other matters involving such defendant. Provides rules for appointment of counsel, tolling of filing dates, and restitution for pending litigation involving a deceased defendant.Allows the government to seek, or continue to pursue, civil forfeiture of property related to the deceased defendant's crime, subject to the applicable statute of limitations.Makes this Act applicable to any criminal case or appeal pending on or after July 1, 2006.

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