[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1322 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1322

 To implement the Victims' Rights Constitutional Amendment and protect 
                      the rights of crime victims.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 1997

 Mr. Hyde (for himself, Ms. Pryce of Ohio, Mr. Barcia, Mr. Royce, Mr. 
Stump, Mr. Bono, Mr. Moran of Virginia, Mr. Horn, Mr. Brady, Mr. Foley, 
    Mr. Stearns, Mr. Gallegly, Ms. Ros-Lehtinen, and Mr. LoBiondo) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To implement the Victims' Rights Constitutional Amendment and protect 
                      the rights of crime victims.

    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' Rights Constitutional 
Amendment Implementation Act of 1997''.

SEC. 2. CRIME VICTIM RIGHTS.

    (a) In General.--Except as provided in section 3, each victim of a 
Federal felony offense or any other Federal crime of violence (as 
defined in section 16 of title 18, United States Code) shall have the 
following rights:
            (1) To notice of, and not to be excluded from, all public 
        proceedings relating to the offense.
            (2) To be heard, if present, and to submit a written 
        statement at all public proceedings, relating to the offense, 
        to determine a release from custody, an acceptance of a 
        negotiated plea, or a sentence.
            (3) To the rights described in the preceding portion of 
        this section at a parole proceeding that is not public, to the 
        extent those rights are afforded to the convicted offender.
            (4) To notice of any release or escape from custody 
        relating to the offense.
            (5) To seek relief from an unreasonable delay of the final 
        disposition of the proceedings relating to the offense.
            (6) To an order of restitution from the convicted offender 
        pursuant to law.
            (7) To consideration for the safety of the victim in 
        determining any release from custody.
            (8) To notice of the rights established by this section.
            (9) The right to be treated with fairness and with respect 
        for the victim's dignity and privacy.
            (10) The right to confer with the attorney for the 
        Government in the case.
    (b) Affected Proceedings.--The rights established by this section 
shall apply in--
            (1) Federal criminal proceedings (other than military 
        criminal proceedings), including juvenile justice proceedings;
            (2) collateral proceedings such as habeas corpus; and
            (3) similar proceedings in the courts of any district or 
        territory of the United States not within a State.
    (c) Remedies.--
            (1) Standing.--The victim shall have standing in the 
        proceeding to assert the rights established by this section.
            (2) Disciplinary proceedings.--A knowing violation of a 
        right provided in subsection (a) shall be grounds for 
        disciplinary proceedings by the appropriate Federal 
        governmental and professional disciplinary authorities.
            (3) Contempt.--A knowing violation of a right provided in 
        subsection (a) may be treated by the court having jurisdiction 
        as a contempt of court.
            (4) Judicial remedies.--This section does not create a 
        cause of action or defense in favor of any person arising out 
        of the failure to accord to a victim a right provided in 
        subsection (a), and nothing in this section--
                    (A) provides grounds for the victim to overturn a 
                charging decision, a conviction, or a sentence; to 
                obtain a stay of trial; or to compel a new trial; or
                    (B) provides grounds for the accused or convicted 
                offender to obtain any form of relief.

SEC. 3. EXCEPTIONS AND LIMITATIONS.

    (a) Exceptions.--The rights provided under section 2 do not apply--
            (1) to informing victims about the release of an alleged or 
        convicted offender--
                    (A) to go under cover to gather evidence on behalf 
                of law enforcement authorities; or
                    (B) to participate in a witness protection program;
            (2) to the extent that the court--
                    (A) determines with respect to a right that the 
                number of victims is so great as unreasonably to delay 
                the proceedings if that right were accorded to each of 
                them; and
                    (B) takes reasonable measures to allow that right 
                to be exercised by representative victims; or
            (3) if the responsible official determines the victim is a 
        suspect in the case.
    (b) Limitations.--
            (1) Right to notice; when violated.--The rights to notice 
        under this Act are not violated if the proper authorities make 
        a reasonable effort, but are unable to provide the notice, or 
        if the failure of the victim to make a reasonable effort to 
        make those authorities aware of the victim's whereabouts 
        prevents that notice.
            (2) Right to counsel for victims.--This Act does not create 
        any right to counsel at public expense for any victim.
            (3) Rights of victims of uncharged offenses.--The decision 
        to charge a defendant with an offense shall not be construed to 
        make the rights under section 2(a) apply to a victim of any 
        related, but uncharged, offense.

SEC. 4. RESPONSIBILITY FOR IMPLEMENTATION.

    (a) Designation of Responsible Officials.--The courts, and the head 
of each department and agency of the United States engaged in the 
detection, investigation, prosecution, or adjudication of crimes to 
which this Act applies, shall designate by names and office titles the 
persons who will be responsible for identifying the victims of crime, 
assuring the implementation of the rights provided in section 2, and 
performing the services described in subsection (c), at each stage of a 
criminal case.
    (b) Identification of Victims.--At the earliest opportunity after 
the detection of a crime at which it may be done without interfering 
with an investigation, a responsible official shall--
            (1) identify the victim or victims of a crime;
            (2) inform the victims of their right to receive, on 
        request, the services described in subsection (c); and
            (3) inform each victim of the name, title, and business 
        address and telephone number of the responsible official to 
        whom the victim should address a request for each of the 
        services described in subsection (c).
    (c) Description of Services.--(1) A responsible official shall--
            (A) inform a victim of the place where the victim may 
        receive emergency medical and social services;
            (B) inform a victim of any restitution or other relief to 
        which the victim may be entitled under this or any other law 
        and manner in which such relief may be obtained;
            (C) inform a victim of public and private programs that are 
        available to provide counseling, treatment, and other support 
        to the victim; and
            (D) assist a victim in contacting the persons who are 
        responsible for providing the services and relief described in 
        subparagraphs (A), (B), and (C).
    (2) A responsible official shall arrange for a victim to receive 
reasonable protection from a suspected offender and persons acting in 
concert with or at the behest of the suspected offender.
    (3) During the investigation and prosecution of a crime, a 
responsible official shall provide a victim the earliest possible 
notice of--
            (A) the status of the investigation of the crime, to the 
        extent it is appropriate to inform the victim and to the extent 
        that it will not interfere with the investigation;
            (B) the arrest of a suspected offender;
            (C) the filing of charges against a suspected offender;
            (D) the scheduling of each court proceeding that the victim 
        is either required to attend or, under section 2, is entitled 
        to attend;
            (E) the release or detention status of an offender or 
        suspected offender;
            (F) the acceptance of a plea of guilty or nolo contendere 
        or the rendering of a verdict after trial; and
            (G) the sentence imposed on an offender, including the date 
        on which the offender will be eligible for parole.
    (4) During court proceedings, a responsible official shall ensure 
that a victim is provided a waiting area removed from and out of the 
sight and hearing of the defendant and defense witnesses.
    (5) After trial, a responsible official shall provide a victim the 
earliest possible notice of--
            (A) the scheduling of a parole hearing for the offender;
            (B) the escape, work release, furlough, or any other form 
        of release from custody of the offender; and
            (C) the death of the offender, if the offender dies while 
        in custody.
    (6) At all times, a responsible official shall ensure that any 
property of a victim that is being held for evidentiary purposes be 
maintained in good condition and returned to the victim as soon as it 
is no longer needed for evidentiary purposes.
    (7) The Attorney General or the head of another department or 
agency that conducts an investigation of a sexual assault shall pay, 
either directly or by reimbursement of payment by the victim, the cost 
of a physical examination of the victim which an investigating officer 
determines was necessary or useful for evidentiary purposes.
    (8) A responsible official shall provide the victim with general 
information regarding the corrections process, including information 
about work release, furlough, probation, and eligibility for each.
    (d) Remedies.--
            (1) Disciplinary proceedings.--A pattern and practice of 
        knowing failures to provide the service described in subsection 
        (c) shall be grounds for disciplinary proceedings by the 
        appropriate Federal governmental and professional disciplinary 
        authorities.
            (2) No cause of action or defense.--This section does not 
        create a cause of action or defense in favor of any person 
        arising out of the failure of a responsible person to provide 
        information as required by subsection (b) or (c).

SEC. 5. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``responsible official'' means a person 
        designated pursuant to section 4(a) to perform the functions of 
        a responsible official under that section; and
            (2) the term ``victim'' means a person (but not including 
        any governmental entity) that has suffered direct physical, 
        emotional, or pecuniary harm as a result of the commission of a 
        crime, including--
                    (A) in the case of a victim that is an 
                institutional entity, an authorized representative of 
                the entity; and
                    (B) in the case of a victim who is under 18 years 
                of age, incompetent, incapacitated, or deceased, one of 
                the following (in order of preference):
                            (i) A spouse.
                            (ii) A legal guardian.
                            (iii) A parent.
                            (iv) A child.
                            (v) A sibling.
                            (vi) Another family member.
                            (vii) Another person designated by the 
                        court.

SEC. 6. CONFORMING REPEAL.

    Sections 502 and 503 of the Crime Control Act of 1990 (42 U.S.C. 
10606 and 10607) are repealed.
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