[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4030 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4030

                      To assist victims of crime.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 15, 1994

 Mr. Schumer introduced the following bill; which was referred jointly 
       to the Committees on the Judiciary and Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
                      To assist 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 ``Victims of Crime Act of 1994''.

                        TITLE I--VICTIMS' RIGHTS

SEC. 101. VICTIM'S RIGHT OF ALLOCUTION IN SENTENCING.

    Rule 32 of the Federal Rules of Criminal Procedure is amended by--
            (1) striking ``and'' following the semicolon in subdivision 
        (a)(1)(B);
            (2) striking the period at the end of subdivision (a)(1)(C) 
        and inserting in lieu thereof ``; and'';
            (3) inserting after subdivision (a)(1)(C) the following:
                    ``(D) if sentence is to be imposed for a crime of 
                violence or sexual abuse, address the victim personally 
                if the victim is present at the sentencing hearing and 
                determine if the victim wishes to make a statement and 
                to present any information in relation to the 
                sentence.'';
            (4) in the second to last sentence of subdivision (a)(1), 
        striking ``equivalent opportunity'' and inserting in lieu 
        thereof ``opportunity equivalent to that of the defendant's 
        counsel'';
            (5) in the last sentence of subdivision (a)(1) inserting 
        ``the victim,'' before ``or the attorney for the Government.''; 
        and
            (6) adding at the end the following:
    ``(f) Definitions.--For purposes of this rule--
            ``(1) `victim' means any individual against whom an offense 
        for which a sentence is to be imposed has been committed, but 
        the right of allocution under subdivision (a)(1)(D) may be 
        exercised instead by--
                    ``(A) a parent or legal guardian in case the victim 
                is below the age of eighteen years or incompetent; or
                    ``(B) one or more family members or relatives 
                designated by the court in case the victim is deceased 
                or incapacitated;
        if such person or persons are present at the sentencing 
        hearing, regardless of whether the victim is present; and
            ``(2) `crime of violence or sexual abuse' means a crime 
        that involved the use or attempted or threatened use of 
        physical force against the person or property of another, or a 
        crime under chapter 109A of title 18, United States Code.''.

                     TITLE II--CRIME VICTIMS' FUND

SEC. 201. ALLOCATION OF FUNDS FOR COSTS AND GRANTS.

    (a) Generally.--Section 1402(d) of the Victims of Crime Act of 1984 
(42 U.S.C. 10601(d)) is amended by--
            (1) striking paragraph (2) and inserting the following:
            ``(2) the next $10,000,000 deposited in the Fund shall be 
        available for grants under section 1404A.'';
            (2) striking paragraph (3) and inserting the following:
            ``(3) Of the remaining amount deposited in the Fund in a 
        particular fiscal year--
                    ``(A) 48 percent shall be available for grants 
                under section 1403;
                    ``(B) 48 percent shall be available for grants 
                under section 1404(a); and
                    ``(C) 4 percent shall be available for grants under 
                section 1404(c).'';
            (3) strike paragraph (4) and inserting the following:
            ``(4) The Director may retain any portion of the Fund that 
        was deposited during a fiscal year that is in excess of 110 
        percent of the total amount deposited in the Fund during the 
        preceding fiscal year as a reserve for use in a year in which 
        the Fund falls below the amount available in the previous year. 
        Such reserve may not exceed $20,000,000.''; and
            (4) striking paragraph (5).
    (b) Conforming Cross Reference.--Section 1402(g)(1) of the Victims 
of Crime Act of 1984 (42 U.S.C. 10601(g)(1) is amended by striking 
reference to ``(d)(2)(A)(iv)'' and inserting ``(d)(2)''.
    (c) Amounts Awarded and Unspent.--Section 1402(e) of the Victims of 
Crime Act of 1984 (42 U.S.C. 10601(e)) is amended to read as follows:
    ``(e) Amounts Awarded and Unspent.--Any sums awarded as part of a 
grant under this chapter that remain unspent at the end of a fiscal 
year in which such grant is made may be expended for the purposes for 
which such grant is made at any time during the next succeeding 2 
fiscal years, at the end of which year any remaining unobligated funds 
shall be returned to the Fund.''.

SEC. 202. RELATIONSHIP OF CRIME VICTIM COMPENSATION TO CERTAIN FEDERAL 
              PROGRAMS.

    Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) 
is amended by adding at the end the following:
    ``(e) Notwithstanding any other provision of law, if the 
compensation paid by an eligible crime victim compensation program 
would cover costs that a Federal program, or a federally financed State 
or local program, would otherwise pay, then--
            ``(1) such crime victim compensation program shall not pay 
        that compensation; and
            ``(2) the other program shall make its payments without 
        regard to the existence of the crime victim compensation 
        program.''.

SEC. 203. ADMINISTRATIVE COSTS FOR CRIME VICTIM COMPENSATION.

    (a) Creation of Exception.--The final sentence of section 
1403(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(a)(1)) 
is amended by striking ``A grant'' and inserting ``Except as provided 
in paragraph (3), a grant''.
    (b) Requirements of Exception.--Section 1403(a) of the Victims of 
Crime Act of 1984 (42 U.S.C. 10602(a)) is amended by adding at the end 
the following new paragraph:
            ``(3) Not more than 5 percent of a grant made under this 
        section may be used for the administration of the State crime 
        victim compensation program receiving the grant.''.

SEC. 204. GRANTS FOR DEMONSTRATION PROJECTS.

    Section 1404(c)(1)(A) of the Victims of Crime Act of 1984 (42 
U.S.C. 10603(c)(1)(A)) is amended by inserting ``demonstration projects 
and'' before ``training''.

SEC. 205. ADMINISTRATIVE COSTS FOR CRIME VICTIM ASSISTANCE.

    (a) Creation of Exception.--Section 1404(b)(2) of the Victims of 
Crime Act of 1984 (42 U.S.C. 10603(b)(2)) is amended by striking ``An 
eligible'' and inserting ``Except as provided in paragraph (3), an 
eligible''.
    (b) Requirements of Exception.--Section 1404(b) of the Victims of 
Crime Act of 1984 (42 U.S.C. 10603(b)) is amended by adding at the end 
the following new subsection:
            ``(3) Not more than 5 percent of sums received under 
        subsection (a) may be used for the administration of the State 
        crime victim assistance program receiving such sums.''.

SEC. 206. MAINTENANCE OF EFFORT.

    Section 1407 of the Victims of Crime Act of 1984 (42 U.S.C. 10604) 
is amended by adding at the end the following new subsection:
    ``(h) Each entity receiving sums made available under this Act for 
administrative purposes shall certify that such sums will not be used 
to supplant State or local funds, but will be used to increase the 
amount of such funds that would, in the absence of Federal funds, be 
made available for these purposes.''.

SEC. 207. CHANGE OF DUE DATE FOR REQUIRED REPORT.

    Section 1407(g) of the Victims of Crime Act of 1984 (42 U.S.C. 
10604(g)) is amended by striking ``and on December 31 every two years 
thereafter'', and inserting ``and on June 30 every two years 
thereafter.''.

             TITLE III--REPORT ON BATTERED WOMEN'S SYNDROME

SEC. 301. REPORT ON BATTERED WOMEN'S SYNDROME.

    (a) Report.--Not less than 1 year after the date of enactment of 
this Act, the Attorney General and the Secretary of Health and Human 
Services shall transmit to the House Committee on Energy and Commerce, 
the Senate Committee on Labor and Human Resources, and the Committees 
on the Judiciary of the Senate and the House of Representatives a 
report on the medical and psychological basis of ``battered women's 
syndrome'' and on the extent to which evidence of the syndrome has been 
considered in a criminal trial.
    (b) Components of the Report.--The report described in subsection 
(a) shall include--
            (1) medical and psychological testimony on the validity of 
        battered women's syndrome as a psychological condition;
            (2) a compilation of State and Federal court cases in which 
        evidence of battered women's syndrome was offered in criminal 
        trials; and
            (3) an assessment by State and Federal judges, prosecutors, 
        and defense attorneys of the effects that evidence of battered 
        women's syndrome may have in criminal trials.

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