[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3120 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3120

               To assure the rights of victims of crime.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 1993

   Mr. McHale (for himself, Mr. Andrews of New Jersey, Mr. Bachus of 
Alabama, Mr. Baesler, Mr. Barcia, Mr. Barlow, Mr. Barrett of Wisconsin, 
   Mr. Borski, Mr. Brown of Ohio, Ms. Danner, Mr. Deutsch, Mr. Diaz-
 Balart, Mr. Doolittle, Mr. Evans, Mr. Frost, Mr. Geren of Texas, Mr. 
Greenwood, Mr. Gutierrez, Mr. Hoke, Mr. Holden, Ms. Norton, Mr. Inslee, 
  Mr. Johnston of Florida, Mr. Johnson of Georgia, Mr. Kanjorski, Mr. 
  Klein, Mr. Klink, Mr. Knollenberg, Mr. Kreidler, Mr. Lancaster, Mr. 
   Menendez, Mr. McCloskey, Mr. McInnis, Mr. Meehan, Mr. Minge, Mr. 
 Murphy, Mr. Murtha, Mr. Orton, Mr. Pomeroy, Mr. Quinn, Mr. Royce, Mr. 
Santorum, Ms. Schenk, Mr. Shuster, Mr. Skelton, Mr. Stupak, Mr. Swett, 
Mr. Talent, Mr. Taylor of Mississippi, Mr. Tejeda, Mr. Tucker, and Mr. 
  Underwood) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
               To assure the rights of victims of crime.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Crime Victims' Bill of Rights Act''.

SEC. 2. VICTIMS' STATEMENT IN FEDERAL CASES.

    Rule 32 of the Federal Rules of Criminal Procedure is amended--
            (1) by striking ``and'' at the end of subdivision 
        (a)(1)(B);
            (2) by striking the period at the end of subdivision 
        (a)(1)(C) and inserting ``; and'';
            (3) by inserting after subdivision (a)(1)(C) the following:
                    ``(D) address personally any victim of the offense 
                for which sentence is to be imposed (or a member of 
                that victim's immediate family or, in the discretion of 
                the court, any other appropriate person representing 
                the victim) who is present at the sentencing hearing, 
                and afford the individual so addressed the opportunity 
                to make a statement and present information in relation 
                to the sentence.'';
            (4) in the penultimate sentence of subdivision (a)(1), by 
        striking ``equivalent opportunity'' and inserting ``opportunity 
        equivalent to that of the defendant's counsel''; and
            (5) by adding at the end of subdivision (a)(1) the 
        following: ``Upon request by a victim, the court may hear in 
        camera such a statement by that victim.''.

SEC. 3. RIGHT OF VICTIMS OF STATE OFFENSES TO BE INFORMED ABOUT VICTIM 
              COMPENSATION AND ASSISTANCE PROGRAMS.

    Section 1403(b) of the Victims of Crime Act of 1984 (42 U.S.C. 
10602(b) is amended--
            (1) by striking ``and'' at the end of paragraph (7);
            (2) by inserting after paragraph (7) the following:
            ``(8) such State provides an effective system of notice to 
        crime victims of the existence of compensation and other 
        programs to assist victims of crime in which those victims 
        might be eligible to participate; and''; and
            (3) by redesignating existing paragraph (8) as paragraph 
        (9).

SEC. 4. RIGHT OF VICTIMS IN COURT PROCEEDINGS.

    (a) Separation of Victim from Accused.--Section 501(b) of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 is amended--
            (1) by striking the period at the end of paragraph (21) and 
        adding ``; and''; and
            (2) by adding at the end the following:
            ``(22) programs that allow for the physical and visual 
        separation of a victim of crime from an alleged perpetrator of 
        such crime while waiting in a judicial facility for a courtroom 
        appearance.''.
    (b) Formula Grant Reduction for Noncompliance.--Section 506 of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 is 
amended by adding at the end the following:
    ``(g) In order not to reduce the funds available under this subpart 
by 25 percent (for redistribution to other participating States), a 
State shall, on the first day of each fiscal year succeeding the first 
fiscal year beginning after September 30, 1994--
            ``(1) notify a victim of crime of the availability of 
        visual and physical separation from an alleged perpetrator of 
        such crime while waiting in a judicial facility for a courtroom 
        appearance;
            ``(2) provide such victim the opportunity for visual and 
        physical separation from an alleged perpetrator of such crime 
        while waiting in a judicial facility for a courtroom 
        appearance;
            ``(3) provide a victim of crime with the earliest possible 
        notice of the scheduling of each court proceeding or parole 
        hearing that the witness is either required or entitled to 
        attend; and
            ``(4) address personally any victim of the offense for 
        which sentence is to be imposed (or a member of that victim's 
        immediate family or, in the discretion of the court, any other 
        appropriate person representing the victim) who is present at 
        the sentencing hearing, and afford the individual so addressed 
        the opportunity to make a statement and present information in 
        relation to the sentence.''.

SEC. 5. FEDERAL VICTIMS RIGHTS TO BE INFORMED ABOUT COMPENSATION 
              PROGRAMS AND TO SEPARATE WAITING FACILITIES.

    The Attorney General shall assure that Federal prosecutors and law 
enforcement officials--
            (1) provide an effective system of notice to crime victims 
        of the existence of compensation and other programs to assist 
        victims of crime in which those victims might be eligible to 
        participate;
            (2) notify victims of Federal crime of the availability of 
        visual and physical separation from alleged perpetrators of 
        such crime while waiting in a judicial facility for a courtroom 
        appearance;
            (3) provide victims of Federal crime the opportunity for 
        visual and physical separation from alleged perpetrators of 
        such crime while waiting in a judicial facility for a courtroom 
        appearance; and
            (4) provide a victim of crime with the earliest possible 
        notice of the scheduling of each court proceeding or parole 
        hearing that the witness is either required or entitled to 
        attend.

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