Crime victims’ rights

(a)

In general

Chapter 237 of title 18, United States Code, is amended—(1)in section 3771—(A)in subsection (a)—(i)by striking A crime victim and inserting Upon the suspected or alleged commission of a Federal or District of Columbia offense, a crime victim;(ii)in paragraph (5), by striking Government in the case and inserting Government, including the right to confer about any agreement that could resolve the case or investigation, plea bargain, plea offer or agreement, pretrial diversion offer or agreement, or voluntary dismissal is presented to the court or is otherwise formally executed;(iii)by amending paragraph (9) to read as follows:

(9)The right to be informed in a timely manner of any plea bargain, plea offer or agreement, deferred prosecution agreement, or other agreement that resolves the case or investigation, pretrial diversion agreement, or the referral of a criminal investigation to another Federal, State, Tribal, or local law enforcement entity.

; and

(iv)in paragraph (10), by striking contact information for the Office of the Victims’ Rights Ombudsman of the Department of Justice and inserting a crime victims’ rights card listing the rights described in this subsection, contact information for the Office of the Crime Victims’ Rights Ombudsman of the Department of Justice, and information about sources of legal assistance (including pro bono legal assistance) related to the exercise of these rights, including that the victim has the right to seek the advice of an attorney with respect to these rights;(B)in subsection (b)(1), by inserting after the first sentence the following: The court shall also confirm that the Government has complied with its obligation to accord the rights described in subsection (a) and may issue any reasonable orders to cure noncompliance.;(C)in subsection (c)—(i)by amending paragraph (1) to read as follows:

(1)

Government

(A)

In general

Officers and employees of the Department of Justice and other departments and agencies of the United States engaged in the detection, investigation, or prosecution of crimes shall make their best efforts to see that crime victims are notified of, and accorded, the rights described in subsection (a).(B)

Request for delay

(i)

Circumstances

If charges pertaining to the victim have not been publicly filed, and the Government determines that according one or more of the rights described in subsection (a) would threaten the safety of an individual, interfere with an ongoing investigation or prosecution, compromise national security, or result in premature disclosure of material nonpublic information, the Government may request leave from the court to delay according the right for the limited period of time necessary to avoid the harm or until charges are publicly filed, whichever comes first.(ii)

Court procedure

The court shall review a submission made by the Government along with its request, the court may grant such request if it is supported by clear and convincing evidence. The Court shall maintain a record of the Government’s request and its ruling on the matter, which shall be provided to the victim at the conclusion of the delay.(iii)

Duration

An order by a court granting a request for a delay under this subparagraph shall be for a period that does not exceed 90 days, except that the Government may, for good cause, apply for an extension of the delay period. The granting of a delay under this subparagraph shall not constitute grounds for failing to ultimately accord a right to any victim.(C)

Court-ordered remedies

If a court finds that the Government failed to comply with subparagraph (A), it may order an appropriate remedy under the circumstances, as set forth in subsection (d).(D)

Pro bono legal representation for victims

To the extent practicable, and consistent with applicable ethical standards and rules of professional conduct, the Government shall provide to the crime victim general information on how to seek available pro bono legal representation for the purpose of asserting the rights under this section.

; and

(ii)by amending paragraph (2) to read as follows:

(2)

Advice of attorney

Officers and employees of the Department of Justice and other departments and agencies of the United States engaged in the detection, investigation, or prosecution of the alleged crime shall inform the crime victim in writing that the crime victim can seek the advice of an attorney with respect to the rights described in subsection (a).

(D)in subsection (d)—(i)by amending paragraph (1) to read as follows:

(1)

Rights

(A)

In general

The crime victim or the crime victim’s lawful representative, and the attorney for the Government may assert the rights described in subsection (a). A person accused of the crime may not obtain any form of relief under this chapter.(B)

Representation by victim’s attorney

(i)

In general

An attorney may enter an appearance of behalf of a crime victim or crime victim’s lawful representative in the district court in which a defendant is being or has been prosecuted for a crime in the same manner as any other party to the proceedings, or if no prosecution is underway, in the district court for the district in which the crime occurred.(ii)

Requirements of parties

Each party to the proceeding shall serve the attorney for the victim with a copy of each pleading that relates to the crime victim's rights under subsection (a). (iii)

Requirements of the clerk of the court

The clerk of the court shall provide to the attorney a copy of any court order related to such rights and notify the attorney of any hearing that may affect such rights.(iv)

Requirements of the court

The court shall—(I)provide the crime victim’s attorney or lawful representative access to all case records in the action; and(II)serve the crime victim’s attorney or lawful representative with any filings that are directly relevant to or implicate the crime victim’s rights described in subsection (a).

;

(ii)in paragraph (2), by inserting after the period at the end the following: The procedure fashioned by the court under this paragraph shall have no effect on the duty of officers and employees of the Government to make their best efforts to accord crime victims the rights described in subsection (a).;(iii)by amending paragraph (3) to read as follows:

(3)

Motion for relief and writ of mandamus

(A)

Motion for relief

The rights described in subsection (a) shall be asserted in the district court in which a defendant is being prosecuted or has been prosecuted for the crime. If no prosecution is underway at the time of the motion for relief, the rights described in subsection (a) shall be asserted in the district court in the district in which the crime is alleged to have occurred. The motion may be filed in an existing criminal case or, if no complaint, information, or indictment has been filed at that time, by a separate rights enforcement action.(B)

Review of motion for relief

(i)

In general

The district court shall take up and decide any motion or separate rights enforcement action asserting a victim’s right forthwith.(ii)

Additional information

If the district court determines that additional information is relevant to the movant’s assertion of the right, the Government shall promptly provide all such additional information to the court and movant. The court may, for good cause, allow the Government to provide a substantive summary of such information instead of providing the information itself. Upon the Government’s request, the court shall enter an appropriate protective order governing dissemination and use of any information or substantive summary provided under this clause.(iii)

Written opinion required for denial of relief

If the district court denies the relief sought by the movant, the court shall enter a written opinion, which clearly states the reasons for the denial.(C)

Writ of mandamus

If the court denies a motion described in subparagraph (A), the movant may petition the court of appeals for a writ of mandamus. The court of appeals may issue the writ on the order of a single judge pursuant to circuit rule or the Federal Rules of Appellate Procedure. The court of appeals shall take up and decide such application forthwith within 72 hours after the petition has been filed, unless the litigants, with notice to the court, have agreed to a longer time period for consideration. In deciding such application, the court of appeals shall determine the merits of the application and, in making such determination, shall apply ordinary standards of appellate review to any procedural or substantive issues. If the court of appeals denies the relief sought, the reasons for the denial shall be clearly stated on the record in a written order or opinion.

;

(iv)by amending paragraph (5) to read as follows:

(5)

Re-opening proceedings

(A)

In general

In no case shall a failure to afford a right under this chapter provide grounds for a new trial.(B)

Victims who received timely notice

A victim who received timely notice of the relevant proceedings may make a motion or file a separate enforcement action to reopen a plea or sentence only if—(i)the victim has asserted the right to be heard before or during the proceeding at issue and such right was denied;(ii)the victim petitions the court of appeals for a writ of mandamus in a timely manner; and(iii)in the case of a plea, the accused has not pleaded guilty to the highest offense charged, and in the case of a sentencing, the accused has not been sentenced to the statutory maximum.(C)

Victims who did not receive timely notice

A victim who did not receive timely notice of the relevant proceedings may make a motion or file a separate enforcement action to reopen a plea or sentence, only if—(i)the victim makes such a motion or files such a separate enforcement action in a timely manner; and(ii)in the case of a plea, the accused has not pleaded guilty to the highest offense charged, and in the case of a sentencing, the accused has not been sentenced to the statutory maximum.

;

(v)by redesignating paragraph (6) as paragraph (9); and(vi)by inserting after paragraph (5) the following:

(6)

Motion to annul deferred prosecution and nonprosecution agreements

A crime victim may make a motion requesting that the Government seek to annul a deferred prosecution agreement or nonprosecution agreement by filing a motion with the court in writing asserting that they were not accorded the reasonable right to confer in subsection (a)(5). Upon a finding by the court that the victim’s right under subsection (a)(5) was violated, the Court shall hold a hearing to evaluate whether the agreement should be annulled.(7)

Remedies

Upon a finding that a victim’s rights under this section have been violated, the court shall order a just and appropriate remedy, which may include reopening a proceeding, to address such violation, except that any such remedy may not violate a defendant’s constitutional rights and shall account for the interests of other victims and the public. An order under this paragraph, or under paragraph (5) or (6), shall not be construed to impair prosecutorial discretion under paragraph (9).(8)

Attorneys’ fees

A crime victim who prevails against the United States in an action to enforce a right under this section shall be entitled to an award of reasonable attorneys’ fees and expenses, as provided in section 2412 of title 28.

;

(E)in subsection (e)—(i)by amending paragraph (1) to read as follows:

(1)

Court of appeals

The term court of appeals means—(A)the United States court of appeals for—(i)the judicial district in which a district court has rendered a decision for which the victim seeks appellate review;(ii)if no such decision has been rendered, the judicial district in which the defendant is being prosecuted; or(iii)if there is no such prosecution, the judicial district in which the offense was alleged to have been committed; or(B)for a prosecution or offense committed in the District of Columbia, in the Superior Court of the District of Columbia, or the District of Columbia Court of Appeals.

;

(ii)by amending subparagraph (2)(A) to read as follows:

(A)

In general

The term crime victim means a person directly and proximately harmed as a result of a suspected or alleged Federal or District of Columbia offense, or such an offense with respect to which an individual has been charged or convicted.

; and

(iii)by adding at the end the following:

(4)

Crime victim’s lawful representative

The term crime victim’s lawful representative means an individual or entity designated or appointed to represent a crime victim or take their place in a court proceeding or other legal proceeding—(A)by the crime victim;(B)by the parent or legal guardian of the crime victim, in the case of a crime victim who is a minor, incapacitated, or deceased; or(C)by the court. (5)

Timely

The term timely means sufficient time for the victim to exercise their rights under this section, and in accordance with any applicable rules of procedure.(6)

Suspected or alleged

The term suspected or alleged means, with respect to an offense, that there is an investigation of an offense, but no charges have been filed.

;

(F)in subsection (f)—(i)by amending paragraph (2)(A) to read as follows:

(A)designate an administrative authority in the Department of Justice (referred to in this subsection as the Administrative Authority) under the independent supervision of the Inspector General of the Department of Justice to receive and investigate complaints relating to the provision or violation of the rights of a crime victim;

;

(ii)by amending paragraph (2)(B) to read as follows:

(B)require a course of training for employees and offices of the Department of Justice engaged in the detection, investigation, or prosecution of crimes that pertains to the treatment of crime victims, incorporates trauma-informed methods and practices, and otherwise assists such employees and offices in responding more effectively to the needs of crime victims;

; and

(iii)by adding at the end the following:

(3)

Adjudication of complaints

(A)

Complaints

A crime victim or a crime victim’s lawful representative may submit to the Administrative Authority a complaint alleging that an attorney for the Government violated the rights of a crime victim under subsection (a), which complaint shall include the following:(i)The full name, address, telephone number, and electronic mail address of the complainant.(ii)The name and title of the individual who violated the rights of the crime victim.(iii)The right of the crime victim that was allegedly violated.(iv)The details of the allegation, including the name of the court case and the jurisdiction in which the misconduct occurred, if applicable.(v)Copies of any document that supports the complainant’s allegation.(vi)Any other information relevant to the complaint.(B)

Period to submit complaints

A complaint under subparagraph (A) may be submitted beginning on the date of the violation and ending on the date that is 180 days after a final judgment is entered in the underlying criminal proceeding (including any appeal), except that the Administrative Authority may extend such filing period for good cause.(C)

Log of complaints

The Administrative Authority shall maintain a log of each complaint submitted under subparagraph (A).(D)

Decisions

(i)

In general

The Administrative Authority shall issue a decision with respect to the alleged violation within 180 days of receiving a complaint under this section. (ii)

Fines and costs

Upon a finding by the Administrative Authority that the rights of a crime victim were violated, the Administrative Authority shall have the discretion to impose fines or reimburse the victim for costs associated with the violation.(iii)

Form and notice

Upon issuing a finding by the Administrative Authority resolving a complaint under this section, the Administrative Authority shall provide the crime victim with a written copy of the decision, including any imposed sanctions or disciplinary measures, and advise the crime victim of their right to appeal to the Inspector General of the Department of Justice under subparagraph (E).(E)

Appeal to the inspector general

(i)

In general

Not later than 10 business days after the issuance of an order under subparagraph (D), the complainant or the attorney for the Government may appeal the order to the Inspector General of the Department of Justice.(ii)

Time for review

Not later than 30 days after an appeal is filed under this subparagraph, the Inspector General shall review the order.(iii)

Notice to congress

In the case that the Inspector General does not uphold the decision of the Administrative Authority, the Inspector General shall notify Congress as soon as practicable, but in no case later than 10 business days after completing review.(iv)

Failure to review

If the Inspector General fails to review an order pursuant to an appeal filed under this subparagraph, the order shall be deemed to have been upheld by the Inspector General on the date that is 45 days after the appeal is filed.

; and

(2)by adding at the end the following:

3772.

General provisions

(a)

Rule making

The Attorney General shall issue such rules as may be necessary to carry out this chapter.(b)

Reports to congress

(1)

In general

The Attorney General, in consultation with the Inspector General of the Department of Justice, shall submit a report to the appropriate congressional committees on steps taken to improve the efforts of the Department of Justice in according crime victims their rights during the period covered by the report.(2)

Report contents

The report shall include—(A)the number of complaints filed with the Administrative Authority designated under subsection (f);(B)the outcome of those complaints (including any disciplinary action);(C)information pertaining to individual Federal districts and Federal prosecutors that are the subject of complaints, including—(i)the number of complaints filed with the Administrative Authority that were subsequently referred to a State bar association;(ii)a list of Federal districts in which misconduct was alleged to have occurred and the number of complaints with respect to each such district; and(iii)a list of attorneys against whom 3 or more complaints were submitted to the Administrative Authority; and(D)a list of all cases in which a court or the Administrative Authority determined that there was a failure to accord a crime victim a right under section 3771, and the best efforts made by officers and employees of the Department of Justice in each such case.(3)

Annual and biannual reports

The report described in paragraph (1) shall be submitted—(A)not later than 1 year after the date of enactment of this section; (B)annually thereafter for a period of 2 years; and(C)biannually after the end of the period described in subparagraph (B).(4)

Definition

In this section, the term appropriate congressional committees means the Committee on the Judiciary of the Senate, the Committee on Appropriations of the Senate, the Committee on the Judiciary of the House of Representatives, and the Committee on Appropriations of the House of Representatives.

(b)

Clerical amendment

The table of sections for chapter 237 of title 18, United States Code, is amended by adding at the end the following:

3772. General provisions.