[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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