text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Preserving Crime Victims' 
  Restitution Act of 2006''.
  
  SEC. 2. EFFECT OF DEATH OF A DEFENDANT IN FEDERAL CRIMINAL PROCEEDINGS.
  
      (a) In General.--Subchapter A of chapter 227 of title 18, United 
  States Code, is amended by adding at the end the following:
  ``Sec. 3560. Effect of death of a defendant in Federal criminal 
                proceedings
      ``(a) General Rule.--Notwithstanding any other provision of law, 
  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 accepted, a verdict returned, a 
  sentence announced, or a judgment entered prior to the death of that 
  defendant, or for dismissing or otherwise invalidating the indictment, 
  information, or complaint on which such a plea, verdict, sentence, or 
  judgment is based, except as provided in this section.
      ``(b) Death After Plea or Verdict.--
              ``(1) Entry of judgment.--If a defendant dies after a plea 
          of guilty or nolo contendere has been accepted or a verdict has 
          been returned, but before judgment is entered, the court shall 
          enter a judgment incorporating the plea of guilty or nolo 
          contendere or the verdict, with the notation that the defendant 
          died before the judgment was entered.
              ``(2) Punitive sanctions.--
                      ``(A) Death before sentence announced.--If a 
                  defendant dies after a plea of guilty or nolo 
                  contendere has been accepted or a verdict has been 
                  returned and before a sentence has been announced, no 
                  sentence of probation, supervision, or imprisonment may 
                  be imposed, no criminal forfeiture may be ordered, and 
                  no liability for a fine or special assessment may be 
                  imposed on the defendant or the defendant's estate.
                      ``(B) Death after sentencing or judgment.--The 
                  death of a defendant after a sentence has been 
                  announced or a judgment has been entered, and before 
                  that defendant has exhausted or waived the right to a 
                  direct appeal--
                              ``(i) shall terminate any term of 
                          probation, supervision, or imprisonment, and 
                          shall terminate the liability of that defendant 
                          to pay any amount remaining due of a criminal 
                          forfeiture, of a fine under section 3613(b), or 
                          of a special assessment under section 3013; and
                              ``(ii) shall not require return of any 
                          portion of any criminal forfeiture, fine, or 
                          special assessment already paid.
              ``(3) Restitution.--
                      ``(A) Death before sentence announced.--If a 
                  defendant dies after a plea of guilty or nolo 
                  contendere has been accepted or a verdict has been 
                  returned and before a sentence has been announced, the 
                  court shall, upon a motion under subsection (c)(2) by 
                  the Government or any victim of that defendant's crime, 
                  commence a special restitution proceeding at which the 
                  court shall adjudicate and enter a final order of 
                  restitution against the estate of that defendant in an 
                  amount equal to the amount that would have been imposed 
                  if that defendant were alive.
                      ``(B) Death after sentencing or judgment.--The 
                  death of a defendant after a sentence has been 
                  announced shall not be a basis for abating or otherwise 
                  invalidating restitution announced at sentencing or 
                  ordered after sentencing under section 3664(d)(5) of 
                  this title or any other provision of law.
              ``(4) Civil proceedings.--The death of a defendant after a 
          plea of guilty or nolo contendere has been accepted, a verdict 
          returned, a sentence announced, or a judgment entered, shall 
          not prevent the use of that plea, verdict, sentence, or 
          judgment in civil proceedings, to the extent otherwise 
          permitted by law.
      ``(c) Appeals, Motions, and Petitions.--
              ``(1) In general.--Except as provided in paragraph (2), 
          after the death of a defendant convicted in a criminal case--
                      ``(A) no appeal, motion, or petition by or on 
                  behalf of that defendant or the personal representative 
                  or estate of that defendant, the Government, or a 
                  victim of that defendant's crime seeking to challenge 
                  or reinstate a plea of guilty or nolo contendere 
                  accepted, a verdict returned, a sentence announced, or 
                  a judgment entered prior to the death of that defendant 
                  shall be filed in that case after the death of that 
                  defendant; and
                      ``(B) any pending motion, petition, or appeal in 
                  that case shall be dismissed with the notation that the 
                  dismissal is due to the death of the defendant.
              ``(2) Exceptions.--
                      ``(A) Restitution.--After the death of a defendant 
                  convicted in a criminal case, the personal 
                  representative of that defendant, the Government, or 
                  any victim of that defendant's crime may file or pursue 
                  an otherwise permissible direct appeal, petition for 
                  mandamus or a writ of certiorari, or an otherwise 
                  permissible motion described in section 3663, 3663A, 
                  3664, or 3771, to the extent that the appeal, petition, 
                  or motion raises an otherwise permissible claim to--
                              ``(i) obtain, in a special restitution 
                          proceeding, a final order of restitution under 
                          subsection (b)(3);
                              ``(ii) enforce, correct, amend, adjust, 
                          reinstate, or challenge any order of 
                          restitution; or
                              ``(iii) challenge or reinstate a verdict, 
                          plea of guilty or nolo contendere, sentence, or 
                          judgment on which--
                                      ``(I) a restitution order is based; 
                                  or
                                      ``(II) restitution is being or will 
                                  be sought by an appeal, petition, or 
                                  motion under this paragraph.
                      ``(B) Other civil actions affected.--After the 
                  death of a defendant convicted in a criminal case, the 
                  personal representative of that defendant, the 
                  Government, or any victim of that defendant's crime may 
                  file or pursue an otherwise permissible direct appeal, 
                  petition for mandamus or a writ of certiorari, or an 
                  otherwise permissible motion under the Federal Rules of 
                  Criminal Procedure, to the extent that the appeal, 
                  petition, or motion raises an otherwise permissible 
                  claim to challenge or reinstate a verdict, plea of 
                  guilty or nolo contendere, sentence, or judgment that 
                  the appellant, petitioner, or movant shows by a 
                  preponderance of the evidence is, or will be, material 
                  in a pending or reasonably anticipated civil 
                  proceeding, including civil forfeiture proceedings.
                      ``(C) Collateral consequences.--
                              ``(i) In general.--Except as provided in 
                          subparagraphs (A) and (B), the Government may 
                          not restrict any Federal benefits or impose 
                          collateral consequences on the estate or a 
                          family member of a deceased defendant based 
                          solely on the conviction of a defendant who 
                          died before that defendant exhausted or waived 
                          the right to direct appeal unless, not later 
                          than 90 days after the death of that defendant, 
                          the Government gives notice to that estate or 
                          family member of the intent of the Government 
                          to take such action.
                              ``(ii) Personal representative.--If the 
                          Government gives notice under clause (i), the 
                          court shall appoint a personal representative 
                          for the deceased defendant that is the subject 
                          of that notice, if not otherwise appointed, 
                          under section (d)(2)(A).
                              ``(iii) Tolling.--If the Government gives 
                          notice under clause (i), any filing deadline 
                          that might otherwise apply against the 
                          defendant, the estate of the defendant, or a 
                          family member of the defendant shall be tolled 
                          until the date of the appointment of that 
                          defendant's personal representative under 
                          clause (ii).
              ``(3) Basis.--In any appeal, petition, or motion under 
          paragraph (2), the death of the defendant shall not be a basis 
          for relief.
      ``(d) Procedures Regarding Continuing Litigation.--
              ``(1) In general.--The standards and procedures for a 
          permitted appeal, petition, motion, or other proceeding under 
          subsection (c)(2) shall be the standards and procedures 
          otherwise provided by law, except that the personal 
          representative of the defendant shall be substituted for the 
          defendant.
              ``(2) Special procedures.--If continuing litigation is 
          initiated or could be initiated under subsection (c)(2), the 
          following procedures shall apply:
                      ``(A) Notice and appointment of personal 
                  representative.--The district court before which the 
                  criminal case was filed (or the appellate court if the 
                  matter is pending on direct appeal) shall--
                              ``(i) give notice to any victim of the 
                          convicted defendant under section 3771(a)(2), 
                          and to the personal representative of that 
                          defendant or, if there is none, the next of kin 
                          of that defendant; and
                              ``(ii) appoint a personal representative 
                          for that defendant, if not otherwise appointed.
                      ``(B) Counsel.--Counsel shall be appointed for the 
                  personal representative of a defendant convicted in a 
                  criminal case who dies if counsel would have been 
                  available to that defendant, or if the personal 
                  representative of that defendant requests counsel and 
                  otherwise qualifies for the appointment of counsel, 
                  under section 3006A.
                      ``(C) Tolling.--The court shall toll any applicable 
                  deadline for the filing of any motion, petition, or 
                  appeal during the period beginning on the date of the 
                  death of a defendant convicted in a criminal case and 
                  ending on the later of--
                              ``(i) the date of the appointment of that 
                          defendant's personal representative; or
                              ``(ii) where applicable, the date of the 
                          appointment of counsel for that personal 
                          representative.
                      ``(D) Restitution.--If restitution has not been 
                  fully collected on the date on which a defendant 
                  convicted in a criminal case dies--
                              ``(i) any amount owed under a restitution 
                          order (whether issued before or after the death 
                          of that defendant) shall be collectible from 
                          any property from which the restitution could 
                          have been collected if that defendant had 
                          survived, regardless of whether that property 
                          is included in the estate of that defendant;
                              ``(ii) any restitution protective order in 
                          effect on the date of the death of that 
                          defendant shall continue in effect unless 
                          modified by the court after hearing or pursuant 
                          to a motion by the personal representative of 
                          that defendant, the Government, or any victim 
                          of that defendant's crime; and
                              ``(iii) upon motion by the Government or 
                          any victim of that defendant's crime, the court 
                          shall take any action necessary to preserve the 
                          availability of property for restitution under 
                          this section.
      ``(e) Forfeiture.--
              ``(1) In general.--Except as provided in paragraph (2), the 
          death of an individual does not affect the Government's ability 
          to seek, or to continue to pursue, civil forfeiture of property 
          as authorized by law.
              ``(2) Tolling of limitations for civil forfeiture.--
          Notwithstanding the expiration of any civil forfeiture statute 
          of limitations or any time limitation set forth in section 
          983(a) of this title, not later than the later of the time 
          period otherwise authorized by law and 2 years after the date 
          of the death of an individual against whom a criminal 
          indictment alleging forfeiture is pending, the Government may 
          commence civil forfeiture proceedings against any interest in 
          any property alleged to be forfeitable in the indictment of 
          that individual.
      ``(f) Definitions.--In this section--
              ``(1) the term `accepted', relating to a plea of guilty or 
          nolo contendere, means that a court has determined, under rule 
          11(b) of the Federal Rules of Criminal Procedure, that the plea 
          is voluntary and supported by a factual basis, regardless of 
          whether final acceptance of that plea may have been deferred 
          pending review of a presentence report or otherwise;
              ``(2) the term `announced', relating to a sentence, means 
          that the sentence has been orally stated in open court;
              ``(3) the term `convicted' refers to a defendant--
                      ``(A) whose plea of guilty or nolo contendere has 
                  been accepted; or
                      ``(B) against whom a verdict of guilty has been 
                  returned;
              ``(4) the term `direct appeal' means an appeal filed, 
          within the period provided by rule 4(b) of the Federal Rules of 
          Appellate Procedure, from the entry of the judgment or order of 
          restitution, including review by the Supreme Court of the 
          United States; and
              ``(5) the term `returned', relating to a verdict, means 
          that the verdict has been orally stated in open court.''.
      (b) Conforming Amendment.--The table of sections for chapter 227 of 
  title 18, United States Code, is amended by adding at the end the 
  following:
  
  ``3560. Effect of death of a defendant in Federal criminal 
                              proceedings.''.
  
  SEC. 3. EFFECTIVE DATE.
  
      The amendments made by this Act shall apply to any criminal case or 
  appeal pending on or after July 1, 2006.
  
  SEC. 4. SEVERABILITY.
  
      If any provision of this Act, any amendment made by this Act, or 
  the application of such provision or amendment to any person or 
  circumstance is held to be unconstitutional, the remainder of the 
  provisions of this Act, the amendments made by this Act, and the 
  application of such provisions or amendments to any person or 
  circumstance shall not be affected.
target: Preserving Crime Victims' Restitution Act of 2006 - Amends the federal criminal code to establish guidelines for cases in which a defendant in a criminal prosecution dies prior to the final adjudication of guilt. Sets forth rules for restitution to victims, appeals, motions, petitions, and civil forfeiture in such cases.
  
  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 accepted, a verdict returned, a sentence announced, or a judgment entered prior to the death of such defendant, or for dismissing or otherwise invalidating the indictment, information, or complaint, except as provided by this Act.
feat_title: To address the effect of the death of a defendant in Federal criminal proceedings.