[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1786 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1786

    To provide grants to assist State and local prosecutors and law 
enforcement agencies with implementing juvenile and young adult witness 
assistance programs that minimize additional trauma to the witness and 
improve the chances of successful criminal prosecution or legal action.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 11, 2003

    Mr. Capuano (for himself, Mr. Towns, Mr. Delahunt, Mr. Lewis of 
    Georgia, Mr. Frank of Massachusetts, Mr. Serrano, Mr. Holt, Mr. 
Pascrell, Ms. Woolsey, Mr. Sandlin, Mrs. Maloney, Mr. McNulty, and Mr. 
  McDermott) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To provide grants to assist State and local prosecutors and law 
enforcement agencies with implementing juvenile and young adult witness 
assistance programs that minimize additional trauma to the witness and 
improve the chances of successful criminal prosecution or legal action.

    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 ``Young Witness Assistance Act of 
2003''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Witness and victim intimidation at the juvenile and 
        young adult level is a serious, growing concern for State and 
        local prosecutors and law enforcement agencies.
            (2) Each year, thousands of young people witness violent 
        crimes such as assaults, robbery, homicide, domestic violence, 
        and sexual abuse.
            (3) In many cases, the lack of juvenile and young adult 
        witness participation has seriously impeded efforts to bring 
        violent perpetrators to justice.
            (4) Prosecutors and police officers have become 
        increasingly frustrated by their inability to prosecute cases 
        successfully when young witnesses refuse to testify because 
        they fear retaliation by the defendant, or the defendant's 
        family or friends.
            (5) Factors that contribute to the reluctance of young 
        witnesses to step forward include--
                    (A) the fear and trauma associated with witnessing 
                a violent crime;
                    (B) a personal connection with the perpetrator or 
                their associates;
                    (C) geographic proximity to the perpetrator; and
                    (D) membership in a culturally vulnerable group.
            (6) The cooperation and participation of young victims and 
        witnesses in the criminal justice process, from crime reporting 
        through prosecution, are essential to the successful operation 
        of the criminal justice system.
            (7) Though most States have witness assistance programs, 
        very few, if any, have adequate resources to address the unique 
        needs associated with juvenile and young adult witnesses.
    (b) Purpose.--The purpose of this Act is to encourage and promote 
the creation and development of policies and programs by State and 
local prosecutors and law enforcement authorities that provide 
assistance to juvenile and young adult witnesses who cooperate with 
efforts to bring violent criminals to justice.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Director.--The term ``Director'' means the Director of 
        the Bureau of Justice Assistance.
            (2) Juvenile.--The term ``juvenile'' means an individual 
        who is 17 years of age or younger.
            (3) Young adult.--The term ``young adult'' means an 
        individual who is between the ages of 18 and 21.
            (4) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands.

SEC. 4. PROGRAM AUTHORIZATION.

    The Director may make grants to State and local prosecutors and law 
enforcement agencies in support of juvenile and young adult witness 
assistance programs, including State and local prosecutors and law 
enforcement agencies that have existing juvenile and adult witness 
assistance programs.

SEC. 5. ELIGIBILITY.

    To be eligible to receive a grant under this Act, State and local 
prosecutors and law enforcement officials shall--
            (1) submit an application to the Director in such form and 
        containing such information as the Director may reasonably 
        require; and
            (2) give assurances that each applicant has developed, or 
        is in the process of developing, a witness assistance program 
        that specifically targets the unique needs of juvenile and 
        young adult witnesses and their families.

SEC. 6. USE OF FUNDS.

    Grants made available under this Act may be used--
            (1) to assess the needs of juvenile and young adult 
        witnesses;
            (2) to develop appropriate program goals and objectives; 
        and
            (3) to develop and administer a variety of witness 
        assistance services, which includes--
                    (A) counseling services to young witnesses dealing 
                with trauma associated in witnessing a violent crime;
                    (B) pre- and post-trial assistance for the youth 
                and their family;
                    (C) providing education services if the child is 
                removed from or changes their school for safety 
                concerns;
                    (D) protective services for young witnesses and 
                their families when a serious threat of harm from the 
                perpetrators or their associates is made; and
                    (E) community outreach and school-based initiatives 
                that stimulate and maintain public awareness and 
                support.

SEC. 7. REPORTS.

    (a) Report.--State and local prosecutors and law enforcement 
agencies that receive funds under this Act shall submit to the Director 
a report not later than May 1st of each year in which grants are made 
available under this Act. Reports shall describe progress achieved in 
carrying out the purpose of this Act.
    (b) Report to Congress.--The Director shall submit to Congress a 
report by July 1st of each year which contains a detailed statement 
regarding grant awards, activities of grant recipients, a compilation 
of statistical information submitted by applicants, and an evaluation 
of programs established under this Act.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act 
$3,000,000 for each of fiscal years 2004, 2005, and 2006.
                                 <all>