[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2329 Held at Desk Senate (HDS)]







108th CONGRESS
  2d Session
                                S. 2329

                   To protect crime victims' rights.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 21, 2004

Mr. Kyl (for himself, Mrs. Feinstein, Mr. Hatch, Mr. Leahy, Mr. Frist, 
Mr. Daschle, Mr. McConnell, Mr. Durbin, Mr. Grassley, Mr. Kennedy, Mr. 
    DeWine, Mr. Feingold, Mr. Craig, Mr. Kerry, Mr. Graham of South 
   Carolina, Mr. Schumer, Ms. Collins, Mr. Bayh, Mr. Lieberman, Mrs. 
Clinton, Mr. Pryor, Ms. Stabenow, and Mr. Nelson of Florida) introduced 
 the following bill; which was read twice and ordered held at the desk

_______________________________________________________________________

                                 A BILL


 
                   To protect crime victims' rights.

    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 ``Scott Campbell, Stephanie Roper, 
Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights 
Act''.

SEC. 2. CRIME VICTIMS' RIGHTS.

    (a) Amendment to Title 18.--Part II of title 18, United States 
Code, is amended by adding at the end the following:

                  ``CHAPTER 237--CRIME VICTIMS' RIGHTS

``Sec.
``3771. Crime victims' rights.
``Sec. 3771. Crime victims' rights
    ``(a) Rights of Crime Victims.--A crime victim has the following 
rights:
            ``(1) The right to be reasonably protected from the 
        accused.
            ``(2) The right to reasonable, accurate, and timely notice 
        of any public proceeding involving the crime or of any release 
        or escape of the accused.
            ``(3) The right not to be excluded from any such public 
        proceeding.
            ``(4) The right to be reasonably heard at any public 
        proceeding involving release, plea, or sentencing.
            ``(5) The right to confer with the attorney for the 
        Government in the case.
            ``(6) The right to full and timely restitution as provided 
        in law.
            ``(7) The right to proceedings free from unreasonable 
        delay.
            ``(8) The right to be treated with fairness and with 
        respect for the victim's dignity and privacy.
    ``(b) Rights Afforded.--In any court proceeding involving an 
offense against a crime victim, the court shall ensure that the crime 
victim is afforded the rights described in subsection (a). The reasons 
for any decision denying relief under this chapter shall be clearly 
stated on the record.
    ``(c) Best Efforts To Accord Rights.--
            ``(1) Government.--Officers and employees of the Department 
        of Justice and other departments and agencies of the United 
        States engaged in the detection, investigation, or prosecution 
        of crime shall make their best efforts to see that crime 
        victims are notified of, and accorded, the rights described in 
        subsection (a).
            ``(2) Conflict.--In the event of any material conflict of 
        interest between the prosecutor and the crime victim, the 
        prosecutor shall advise the crime victim of the conflict and 
        take reasonable steps to direct the crime victim to the 
        appropriate legal referral, legal assistance, or legal aid 
        agency.
            ``(3) Notice.--Notice of release otherwise required 
        pursuant to this chapter shall not be given if such notice may 
        endanger the safety of any person.
    ``(d) Enforcement and Limitations.--
            ``(1) Rights.--The crime victim, the crime victim's lawful 
        representative, and the attorney for the Government may assert 
        the rights established in this chapter. A person accused of the 
        crime may not obtain any form of relief under this chapter.
            ``(2) Multiple crime victims.--In a case where the court 
        finds that the number of crime victims makes it impracticable 
        to accord all of the crime victims the rights contained in this 
        chapter, the court shall fashion a procedure to give effect to 
        this chapter.
            ``(3) Writ of mandamus.--If a Federal court denies any 
        right of a crime victim under this chapter or under the Federal 
        Rules of Criminal Procedure, the Government or the crime victim 
        may apply for a writ of mandamus to the appropriate court of 
        appeals. The court of appeals shall take up and decide such 
        application forthwith and shall order such relief as may be 
        necessary to protect the crime victim's ability to exercise the 
        rights.
            ``(4) Error.--In any appeal in a criminal case, the 
        Government may assert as error the district court's denial of 
        any crime victim's right in the proceeding to which the appeal 
        relates.
            ``(5) New trial.--In no case shall a failure to afford a 
        right under this chapter provide grounds for a new trial.
            ``(6) No cause of action.--Nothing in this chapter shall be 
        construed to authorize a cause of action for damages.
    ``(e) Definitions.--For the purposes of this chapter, the term 
`crime victim' means a person directly and proximately harmed as a 
result of the commission of a Federal offense. In the case of a crime 
victim who is under 18 years of age, incompetent, incapacitated, or 
deceased, the legal guardians of the crime victim or the 
representatives of the crime victim's estate, family members, or any 
other persons appointed as suitable by the court, may assume the crime 
victim's rights under this chapter, but in no event shall the defendant 
be named as such guardian or representative.
    ``(f) Procedures To Promote Compliance.--
            ``(1) Regulations.--Not later than 1 year after the date of 
        enactment of this chapter, the Attorney General of the United 
        States shall promulgate regulations to enforce the rights of 
        crime victims and to ensure compliance by responsible officials 
        with the obligations described in law respecting crime victims.
            ``(2) Contents.--The regulations promulgated under 
        paragraph (1) shall--
                    ``(A) establish an administrative authority within 
                the Department of Justice to receive and investigate 
                complaints relating to the provision or violation of 
                the rights of a crime victim;
                    ``(B) require a course of training for employees 
                and offices of the Department of Justice that fail to 
                comply with provisions of Federal law pertaining to the 
                treatment of crime victims, and otherwise assist such 
                employees and offices in responding more effectively to 
                the needs of crime victims;
                    ``(C) contain disciplinary sanctions, including 
                suspension or termination from employment, for 
                employees of the Department of Justice who willfully or 
                wantonly fail to comply with provisions of Federal law 
                pertaining to the treatment of crime victims; and
                    ``(D) provide that the Attorney General, or the 
                designee of the Attorney General, shall be the final 
                arbiter of the complaint, and that there shall be no 
                judicial review of the final decision of the Attorney 
                General by a complainant.''.
    (b) Table of Chapters.--The table of chapters for part II of title 
18, United States Code, is amended by inserting at the end the 
following:

``237. Crime victims' rights................................    3771''.
    (c) Repeal.--Section 502 of the Victims' Rights and Restitution Act 
of 1990 (42 U.S.C. 10606) is repealed.

SEC. 3. INCREASED RESOURCES FOR ENFORCEMENT OF CRIME VICTIMS' RIGHTS.

    (a) Crime Victims Legal Assistance Grants.--The Victims of Crime 
Act of 1984 (42 U.S.C. 10601 et seq.) is amended by inserting after 
section 1404C the following:

``SEC. 1404D. CRIME VICTIMS LEGAL ASSISTANCE GRANTS.

    ``(a) In General.--The Director may make grants as provided in 
section 1404(c)(1)(A) to State, tribal, and local prosecutors' offices, 
law enforcement agencies, courts, jails, and correctional institutions, 
and to qualified public and private entities, to develop, establish, 
and maintain programs for the enforcement of crime victims' rights as 
provided in law.
    ``(b) False Claims Act.--Notwithstanding any other provision of 
law, amounts collected pursuant to sections 3729 through 3731 of title 
31, United States Code (commonly known as the `False Claims Act'), may 
be used for grants under this section.''.
    (b) Authorization of Appropriations.--In addition to funds made 
available under section 1402(d) of the Victims of Crime Act of 1984, 
there are authorized to be appropriated to carry out this Act--
            (1) $2,000,000 for fiscal year 2005 and $5,000,000 for each 
        of fiscal years 2006, 2007, 2008, and 2009 to United States 
        Attorneys Offices for Victim/Witnesses Assistance Programs;
            (2) $2,000,000 for fiscal year 2005 and $5,000,000 in each 
        of the fiscal years 2006, 2007, 2008, and 2009, to the Office 
        for Victims of Crime of the Department of Justice for 
        enhancement of the Victim Notification System;
            (3) $300,000 in fiscal year 2005 and $500,000 for each of 
        the fiscal years 2006, 2007, 2008, and 2009, to the Office for 
        Victims of Crime of the Department of Justice for staff to 
        administer the appropriation for the support of the National 
        Crime Victim Law Institute or other organizations as designated 
        under paragraph (4);
            (4) $7,000,000 for fiscal year 2005 and $11,000,000 for 
        each of the fiscal years 2006, 2007, 2008, and 2009, to the 
        Office for Victims of Crime of the Department of Justice, for 
        the support of--
                    (A) the National Crime Victim Law Institute and the 
                establishment and operation of the Institute's programs 
                to provide counsel for victims in criminal cases for 
                the enforcement of crime victims' rights in Federal 
                jurisdictions, and in States and tribal governments 
                that have laws substantially equivalent to the 
                provisions of chapter 237 of title 18, United States 
                Code; or
                    (B) other organizations substantially similar to 
                that organization as determined by the Director of the 
                Office for Victims of Crime.
    (c) Increased Resources To Develop State-of-the-Art Systems for 
Notifying Crime Victims of Important Dates and Developments.--The 
Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by 
inserting after section 1404D the following:

``SEC. 1404E. CRIME VICTIMS NOTIFICATION GRANTS.

    ``(a) In General.--The Director may make grants as provided in 
section 1404(c)(1)(A) to State, tribal, and local prosecutors' offices, 
law enforcement agencies, courts, jails, and correctional institutions, 
and to qualified public or private entities, to develop and implement 
state-of-the-art systems for notifying victims of crime of important 
dates and developments relating to the criminal proceedings at issue in 
a timely and efficient manner, provided that the jurisdiction has laws 
substantially equivalent to the provisions of chapter 237 of title 18, 
United States Code.
    ``(b) Integration of Systems.--Systems developed and implemented 
under this section may be integrated with existing case management 
systems operated by the recipient of the grant.
    ``(c) Authorization of Appropriations.--In addition to funds made 
available under section 1402(d), there are authorized to be 
appropriated to carry out this section--
            ``(1) $5,000,000 for fiscal year 2005; and
            ``(2) $5,000,000 for each of the fiscal years 2006, 2007, 
        2008, and 2009.
    ``(d) False Claims Act.--Notwithstanding any other provision of 
law, amounts collected pursuant to sections 3729 through 3731 of title 
31, United States Code (commonly known as the `False Claims Act'), may 
be used for grants under this section.''.

SEC. 4. REPORTS.

    (a) Administrative Office of the United States Courts.--Not later 
than 1 year after the date of enactment of this Act and annually 
thereafter, the Administrative Office of the United States Courts, for 
each Federal court, shall report to Congress the number of times that a 
right established in chapter 237 of title 18, United States Code, is 
asserted in a criminal case and the relief requested is denied and, 
with respect to each such denial, the reason for such denial, as well 
as the number of times a mandamus action is brought pursuant to chapter 
237 of title 18, and the result reached.
    (b) General Accounting Office.--
            (1) Study.--The Comptroller General shall conduct a study 
        that evaluates the effect and efficacy of the implementation of 
        the amendments made by this Act on the treatment of crime 
        victims in the Federal system.
            (2) Report.--Not later than 3 years after the date of 
        enactment of this Act, the Comptroller General shall prepare 
        and submit to the appropriate committees a report containing 
        the results of the study conducted under subsection (a).
                                 <all>