[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1749 Introduced in Senate (IS)]

  1st Session
                                S. 1749

 To amend the Federal Rules of Criminal Procedure to provide adequate 
   protection to the rights of crime victims, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 29, 2007

    Mr. Kyl introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Rules of Criminal Procedure to provide adequate 
   protection to the rights of crime victims, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; SENSE OF CONGRESS.

    (a) Short Title.--This Act may be cited as the ``Crime Victims' 
Rights Rules Act of 2007''.
    (b) Sense of Congress Concerning Crime Victims' Representation in 
the Federal Criminal Justice System.--
            (1) Findings.--Congress finds that--
                    (A) the amendments made by title I of the Justice 
                for All Act of 2004 (Public Law 108-405; 118 Stat. 
                2261) afford a crime victim certain rights and standing 
                in court proceedings involving an offense against that 
                crime victim;
                    (B) the rights and standing afforded to crime 
                victims by those amendments are directly affected by 
                the Rules of Criminal Procedure, which govern the 
                administration of the Federal criminal justice system.
                    (C) the Judicial Conference of the United States, 
                as the principal body concerned with the administration 
                of United States courts and the recommendation of rules 
                of procedure, has an obligation to ensure that the 
                rights and standing of crime victims are accounted for 
                in the Federal criminal justice system.
            (2) Sense of Congress.--It is the sense of Congress that 
        the Chief Justice of the United States, having sole authority 
        to appoint members of committees of the Judicial Conference of 
        the United States, should designate not fewer than 1 member on 
        each of the Committee on Rules of Practice and Procedure and 
        the Advisory Committee on Criminal Rules for the purpose of 
        ensuring that the rights and standing of crime victims are 
        accounted for in the Federal criminal justice system.

SEC. 2. DEFINITIONS.

    Rule 1(b) of the Federal Rules of Criminal Procedure is amended by 
adding at the end the following:
            ``(11) `Victim' means a person directly and proximately 
        harmed as a result of the commission of a Federal offense or an 
        offense in the District of Columbia. In the case of a crime 
        victim who is under 18 years of age, incompetent, 
        incapacitated, or deceased, the legal guardian of the crime 
        victim or the representative of the crime victim's estate, 
        family member, or any other person appointed as suitable by the 
        court, may assume the crime victim's rights under these rules, 
        but in no event shall the defendant be named as such guardian 
        or representative.''.

SEC. 3. INTERPRETATION.

    Rule 2 of the Federal Rules of Criminal Procedure is amended by 
inserting after ``administration'' the following: ``to the government, 
the defendant, and the victim''.

SEC. 4. ARREST WARRANT OR SUMMONS ON A COMPLAINT.

    Rule 4 of the Federal Rules of Criminal Procedure is amended--
            (1) in subdivision (a), in the second sentence, by 
        inserting after ``a summons,'' the following: ``if consistent 
        with the right of the victim to be reasonably protected from 
        the accused,''; and
            (2) in subdivision (c), by adding at the end the following:
            ``(5) Reasonable notice to the victim.--Upon return of an 
        executed warrant, the judge before whom the defendant is 
        brought shall direct that reasonable efforts be made to notify 
        the victim regarding the arrest and of the date, time, and 
        place of the initial appearance and of the right of the victim 
        to be heard at the initial appearance.''.

SEC. 5. INITIAL APPEARANCE.

    Rule 5 of the Federal Rules of Criminal Procedure is amended--
            (1) in subdivision (a)--
                    (A) by redesignating paragraph (3) as paragraph 
                (4); and
                    (B) by inserting after paragraph (2) the following:
            ``(3) Reasonable notice to the victim.--Reasonable efforts 
        shall be made to give notice to the victim of the date, time, 
        and place of the initial appearance and of the right of the 
        victim to be heard at the initial appearance.'';
            (2) in subdivision (d)(3), by adding after the period at 
        the end the following: ``In making the decision to detain or 
        release the defendant, the judge shall consider the right of 
        the victim to be reasonably protected from the defendant and 
        shall make reasonable efforts to notify the victim if the 
        defendant is released and the conditions of such release.''; 
        and
            (3) in subdivision (f), by inserting before the period at 
        the end the following: ``and reasonable efforts are made to 
        give the victim notice and the right to participate''.

SEC. 6. PRELIMINARY HEARING.

    Rule 5.1 of the Federal Rules of Criminal Procedure is amended--
            (1) in subdivision (a), in the matter preceding paragraph 
        (1), by inserting after ``a preliminary hearing'' the 
        following: ``, after making reasonable efforts to give notice 
        to the victim,''; and
            (2) in subdivision (d), by inserting after ``prompt 
        disposition of criminal cases'' the following: ``and the right 
        of the victim to proceedings free from unreasonable delay''.

SEC. 7. ARREST WARRANT OR SUMMONS ON AN INDICTMENT OR INFORMATION.

    Rule 9(c)(3) of the Federal Rules of Criminal Procedure is amended 
by inserting before the period at the end the following: ``, after 
making reasonable efforts to give notice to the victim''.

SEC. 8. REASONABLE NOTICE TO VICTIMS.

    (a) In General.--The Federal Rules of Criminal Procedure are 
amended by inserting after Rule 10 the following:
``Rule 10.1. Reasonable Notice to Victims
    ``(a) Identification of Victims.--During the prosecution of a case, 
the attorney for the government shall at the earliest reasonable 
opportunity, identify any victim.
    ``(b) Reasonable Notice of Case Events.--During the prosecution of 
a crime, and whenever reasonable notice is required to be provided 
under these rules, reasonable efforts shall be made to provide any 
victim the earliest possible notice of--
            ``(1) the scheduling, including scheduling changes or 
        continuances, of each court proceeding that the victim is 
        either required to attend or entitled to attend;
            ``(2) the release or detention status of a defendant or 
        suspected offender;
            ``(3) the filing of charges against a defendant, or the 
        proposed dismissal of any charges, including the placement of 
        the defendant in a pretrial diversion program and the 
        conditions of such placement;
            ``(4) the right of the victim to make a statement about 
        pretrial release of the defendant;
            ``(5) the right of the victim to make a statement about 
        acceptance of a plea of guilty or nolo contendere;
            ``(6) the right of the victim to attend a public 
        proceeding;
            ``(7) if the defendant is convicted, the date and place set 
        for sentencing and the right of the victim to address the court 
        at sentencing; and
            ``(8) after the defendant is sentenced, the sentence 
        imposed and the availability of the Bureau of Prisons 
        notification program, which provides the date, if any, on which 
        the offender will be eligible for parole or supervised release.
    ``(c) Multiple Victims.--The attorney for the government shall 
advise the court if the attorney believes that the number of victims 
makes it impracticable to provide reasonable personal notice to each 
victim. If the court finds that the number of victims makes it 
impracticable to give reasonable personal notice to each victim, the 
court shall fashion a reasonable procedure calculated to give 
reasonable notice under the circumstances.''.
    (b) Conforming Amendment.--The table of contents for the Federal 
Rules of Criminal Procedure is amended by inserting after the item 
relating to Rule 10 the following:

``10.1 Reasonable Notice to Victims.''.

SEC. 9. PLEAS.

    Rule 11 of the Federal Rules of Criminal Procedure is amended--
            (1) in subdivision (a)(3), by striking ``the parties' 
        views'' and inserting the following: ``the views of the parties 
        and victims'';
            (2) in subdivision (b), by adding at the end the following:
            ``(4) Victim's views.--Before the court accepts a plea of 
        guilty or nolo contendere or allows any plea to be withdrawn, 
        the court must address any victim who is present personally in 
        open court. During this address, the court must determine 
        whether the victim wishes to present views regarding the 
        proposed plea or withdrawal and, if so, what those views are. 
        The court shall consider the views of the victim in acting on 
        the proposed plea or withdrawal.''; and
            (3) in subdivision (c)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by inserting after the second 
                sentence the following: ``The attorney for the 
                government shall make reasonable efforts to notify any 
                victim of, and consider the views of any victim about, 
                any proposed plea negotiations.''; and
                    (B) in paragraph (2), by adding at the end the 
                following: ``When a plea is presented in open court, 
                the attorney for the government or attorney for any 
                victim shall advise the court if the attorney is aware 
                that the victim has any objection to the proposed plea 
                agreement.''.

SEC. 10. PLEADINGS AND PRETRIAL MOTIONS.

    Rule 12(g) of the Federal Rules of Criminal Procedure is amended by 
adding at the end the following: ``The court shall make reasonable 
efforts to notify the victim if the defendant is released under this 
subdivision.''.

SEC. 11. DISCLOSURES.

    (a) Alibi Defense.--
            (1) In general.--Rule 12.1(b)(1)(A) of the Federal Rules of 
        Criminal Procedure is amended--
                    (A) by striking ``, address, and telephone 
                number''; and
                    (B) by inserting after ``each witness'' the 
                following: ``and the address and telephone number of 
                each witness (other than a victim) that''.
            (2) Continuing duty to disclose.--Rule 12.1(c) of the 
        Federal Rules of Criminal Procedure is amended--
                    (A) by striking ``, address,'' and inserting ``of 
                each additional witness and the address''; and
                    (B) by inserting before ``if:'' the following: 
                ``(other than a victim)''.
    (b) Public Authority Defense.--
            (1) In general.--Rule 12.3(a)(4)(C) of the Federal Rules of 
        Criminal Procedure is amended--
                    (A) by striking ``, address, and telephone 
                number''; and
                    (B) by inserting after ``each witness'' the 
                following: ``, and the address and telephone number of 
                each witness (other than a victim), that''.
            (2) Continuing duty to disclose.--Rule 12.3(b) of the 
        Federal Rules of Criminal Procedure is amended--
                    (A) by striking ``, address,'' and inserting the 
                following: ``of any additional witness and the 
                address''; and
                    (B) inserting before ``if:'' the following: 
                ``(other than a victim)''.

SEC. 12. DEPOSITIONS.

    Rule 15 of the Federal Rules of Criminal Procedure is amended--
            (1) in subdivision (a)(1), in the first sentence, by 
        inserting ``, other than a victim,'' after ``a prospective 
        witness''; and
            (2) by adding at the end the following:
    ``(i) Victim Attendance.--A victim may attend any public deposition 
taken under this Rule.''.

SEC. 13. DISCOVERY AND INSPECTION.

    Rule 16(a) of the Federal Rules of Criminal Procedure is amended by 
adding at the end the following:
            ``(4) Disclosure to victims.--The government may disclose 
        to a victim any information that the government has disclosed 
        to the defendant.''.

SEC. 14. SUBPOENAS.

    Rule 17(h) of the Federal Rules of Criminal Procedure is amended--
            (1) by striking ``No party'' and inserting the following:
            ``(1) In general.--No party''; and
            (2) by adding at the end the following:
            ``(2) Victims.--No record or document containing personal 
        or confidential information about a victim may be subpoenaed 
        without making reasonable efforts to give notice to the victim, 
        given through the attorney for the government or for the 
        victim, and an opportunity to be heard.''.

SEC. 15. PRETRIAL CONFERENCE.

    Rule 17.1 of the Federal Rules of Criminal Procedure is amended by 
adding at the end the following: ``The court shall make reasonable 
efforts to give the victim notice of any pretrial conference and a 
victim may attend and be heard on any matter relating to the rights of 
a victim.''.

SEC. 16. VENUE.

    (a) In General.--The second sentence of Rule 18 of the Federal 
Rules of Criminal Procedure is amended by inserting after ``the 
defendant'' the following: ``, the victim,''.
    (b) Plea and Sentence.--Rule 20(a)(2) of the Federal Rules of 
Criminal Procedure is amended by inserting before the period at the end 
the following: ``, after consultation with the victim''.
    (c) Juveniles.--Rule 20(d)(1)(E) of the Federal Rules of Criminal 
Procedure is amended by inserting before the semicolon the following: 
``, after consultation with the victim''.
    (d) Transfer for Trial.--Rule 21 of the Federal Rules of Criminal 
Procedure is amended by adding at the end the following:
    ``(e) Victims' Views.--The court shall not transfer any proceeding 
without giving any victim an opportunity to be heard. The court shall 
consider the views of the victim in making any transfer decision.''.

SEC. 17. TRIAL.

    Rule 23(a)(3) of the Federal Rules of Criminal Procedure is amended 
by inserting before the period at the end the following: ``, after 
considering the views of the victim''.

SEC. 18. INTERPRETERS.

    Rule 28 of the Federal Rules of Criminal Procedure is amended in 
the first sentence, by inserting before the period at the end the 
following: ``, including an interpreter for the victim''.

SEC. 19. POST CONVICTION PROCEDURES.

    (a) Presentence Investigation.--Rule 32(c) of the Federal Rules of 
Criminal Procedure is amended--
            (1) in paragraph (1)(B), by striking ``requires'' and 
        inserting ``permits''; and
            (2) by adding at the end the following:
            ``(3) Victim information.--The probation officer shall 
        determine whether any victim wishes to provide information for 
        the presentence report.''.
    (b) Presentence Report.--Rule 32 of the Federal Rules of Criminal 
Procedure is amended--
            (1) in subdivision (d)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (E), by striking 
                        ``and'' at the end;
                            (ii) by redesignating subparagraph (F) as 
                        subparagraph (G); and
                            (iii) by inserting after subparagraph (E) 
                        the following:
                    ``(F) a description of the impact of the crime on 
                the victim; and''; and
                    (B) in paragraph (3)(C), by inserting ``, the 
                victim,'' after ``the defendant'';
            (2) in subdivision (e)(2)--
                    (A) by striking ``The probation officer'' and 
                inserting the following:
                    ``(A) In general.--The probation officer''; and
                    (B) by adding at the end the following:
                    ``(B) Victims.--The probation officer must give the 
                presentence report to the victim and any attorney for 
                such victim at least 35 days before sentencing, unless 
                the court, after receiving an objection from the 
                defendant, the attorney for the government, or another 
                victim, finds that disclosure of a portion of the 
                report would be an unwarranted invasion of personal 
                privacy and not in the interest of justice, in which 
                case such portions shall be redeacted.''; and
            (3) in subdivision (f)(1), by adding at the end the 
        following: ``The attorney for the government or for the victim 
        shall raise for the victim any reasonable objection by the 
        victim to the presentence report.''.
    (c) Departures.--Rule 32(h) of the Federal Rules of Criminal 
Procedure is amended by--
            (1) striking ``or in a party's prehearing submission'' and 
        inserting ``, in a party's prehearing submission, or in a 
        victim impact statement''; and
            (2) adding at the end the following ``The attorney for the 
        government or the victim shall advise defense counsel and the 
        court of any ground identified by the victim that might 
        reasonably serve as a basis for departure.''.
    (d) Sentencing.--Rule 32(i) of the Federal Rules of Criminal 
Procedure is amended--
            (1) in paragraph (1)(C), by inserting after ``parties' 
        attorneys'' the following: ``and any victim'';
            (2) in paragraph (1)(D), by inserting after ``allow a 
        party'' the following: ``or a victim'';
            (3) in paragraph (2), in the first sentence, by inserting 
        after ``permit the parties'' the following: ``or the victim''; 
        and
            (4) by amending subparagraph (B) of paragraph (4) to read 
        as follows:
                    ``(B) By a victim.--Before imposing sentence, the 
                court must address any victim of the crime who is 
                present at sentencing and must permit the victim to 
                speak or submit any information about the sentence.''.
    (e) Definitions.--Rule 32 of the Federal Rules of Criminal 
Procedure is amended by--
            (1) striking subdivision (a);
            (2) redesignating subdivisions (b) through (k) as 
        subdivisions (a) through (j) respectively;
    (f) Conforming Amendments.--
            (1) Rule 26.--Rule 26.2(g)(2) of the Federal Rules of 
        Criminal Procedure is amended by striking ``Rule 32(i)(2)'' and 
        inserting ``Rule 32(h)(2)''.
            (2) Rule 32.--Rule 32(h) of the Federal Rules of Criminal 
        Procedure, as so redesignated by subsection (e), is amended--
                    (A) in paragraph (1)(B), by striking ``Rule 
                32(d)(3)'' and inserting ``Rule 32(c)(3)''; and
                    (B) in paragraph (4)(C), by striking ``Rule 
                32(i)(4)'' and inserting ``Rule 32(h)(4)''.
            (3) Copyright.--Section 2319(d)(1) of title 18, United 
        States Code, is amended by striking ``Rule 32(c)'' and 
        inserting ``Rule 32(b)''.
            (4) Recordings.--Section 2319A(d)(1) of title 18, United 
        States Code, is amended by striking ``Rule 32(c)'' and 
        inserting ``Rule 32(b)''.
            (5) Counterfeit goods or services.--Section 2320(d)(1) of 
        title 18, United States Code, is amended by striking ``Rule 
        32(c)'' and inserting ``Rule 32(b)''.
            (6) Children.--Section 3509(f) of title 18, United States 
        Code, is amended by striking ``Rule 32(c)'' and inserting 
        ``Rule 32(b)''.
            (7) Presentence reports.--Section 3552 of title 18, United 
        States Code, is amended--
                    (A) in subsection (a), by striking ``Rule 32(c)'' 
                and inserting ``Rule 32(b)''; and
                    (B) in subsection (d)--
                            (i) by striking ``The court shall assure 
                        that'' and inserting the following:
            ``(1) In general.--The court shall assure that''; and
                            (ii) by adding at the end the following:
            ``(2) Crime victims.--The court shall assure that, not 
        later than 10 days before the date of sentencing, the report 
        filed under this section is disclosed to any crime victim (as 
        that term is defined in section 3771(e)) and any attorney for 
        such crime victim, except any portion of such report excised by 
        the court for compelling reasons or made confidential by law. 
        If the court excises any portion of the presentence report, it 
        shall inform the parties and the victim of its decision and 
        shall state on the record the reasons for the excision.''.
            (8) Probation.--Section 3664(c) of title 18, United States 
        Code, is amended by striking ``Rule 32(c)'' and inserting 
        ``Rule 32(b)''.

SEC. 20. REVOKING OR MODIFYING PROBATION OR SUPERVISED RELEASE.

    Rule 32.1 of the Federal Rules of Criminal Procedure is amended--
            (1) in subdivision (a)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by inserting after ``must be taken'' 
                the following: ``, with reasonable efforts to give 
                notice to the victim and''; and
                    (B) in paragraph (6), by striking ``The 
                magistrate'' and inserting the following: ``After 
                considering the right of the victim to be reasonably 
                protected, the magistrate''; and
            (2) in subdivision (b), by adding at the end the following:
            ``(3) Crime victims.--The court shall make reasonable 
        efforts to give notice to the victim before any revocation 
        hearing.''.

SEC. 21. NEW TRIAL.

    Rule 33(a) of the Federal Rules of Criminal Procedure is amended in 
the first sentence by inserting after ``Upon the defendant's motion'' 
the following: ``and after making reasonable efforts to give notice to 
the victim and an opportunity for the victim to be heard''.

SEC. 22. ARRESTING JUDGMENT.

    Rule 34(a) of the Federal Rules of Criminal Procedure is amended in 
the matter preceding paragraph (1), by inserting after ``must arrest 
judgment'' the following: ``, after making reasonable efforts to give 
notice to the victim and an opportunity to be heard,''.

SEC. 23. CORRECTING OR REDUCING A SENTENCE.

    Rule 35 of the Federal Rules of Criminal Procedure is amended--
            (1) in subdivision (a), by inserting after ``the court'' 
        the following: ``, after making reasonable efforts to give 
        notice to the victim and an opportunity to be heard,''; and
            (2) in subdivision (b), by inserting ``, after making 
        reasonable efforts to give notice to the victim and an 
        opportunity to be heard,'' after ``may reduce a sentence'' each 
        place the term appears.

SEC. 24. CLERICAL ERROR.

    Rule 36 of the Federal Rules of Criminal Procedure is amended by 
inserting after ``it considers appropriate,'' the following: 
``including making reasonable efforts to give notice to the victim,''.

SEC. 25. STAYING A SENTENCE OR A DISABILITY.

    Rule 38(e)(1) of the Federal Rules of Criminal Procedure is amended 
by inserting before the period at the end the following: ``, after 
making reasonable efforts to give notice to the victim and an 
opportunity to be heard''.

SEC. 26. VICTIM'S PRESENCE.

    (a) In General.--The Federal Rules of Criminal Procedure are 
amended by inserting after Rule 43 the following:
``Rule 43.1 Victim's Presence
    ``(a) Victim's Right To Attend.--A victim has the right to attend 
any public court proceeding, unless the court, based on clear and 
convincing evidence, determines that testimony by the victim would be 
materially altered if the victim heard other testimony at that 
proceeding. Before making any determination to exclude a victim, the 
court shall make every effort to permit the fullest attendance possible 
by the victim and shall consider reasonable alternatives to the 
exclusion of the victim from the criminal proceeding. The reasons for 
any decision to exclude a victim shall be clearly stated on the record.
    ``(b) Proceeding With and Without Reasonable Notice.--
            ``(1) Without victim.--The court may hold a public 
        proceeding without the attendance of a victim if reasonable 
        efforts have been made to give notice to that victim under Rule 
        10.1.
            ``(2) Without notice.--The court may hold a public 
        proceeding (other than a trial or sentencing) without proper 
        notice to a victim only if--
                    ``(A) doing so is in the interests of justice;
                    ``(B) the court makes reasonable efforts to provide 
                prompt notice to that victim of the court's action and 
                of the victim's right to seek reconsideration of the 
                action if a victim's right is affected; and
                    ``(C) the court makes reasonable efforts to insure 
                that notice will be properly provided to that victim 
                for all subsequent public proceedings.
    ``(c) Numerous Victims.--If the court finds that the number of 
victims makes it impracticable to afford all of the victims the right 
to be present, the court shall fashion a reasonable procedure to 
facilitate the attendance of the victims.
    ``(d) Right To Be Heard on Victim's Issues.--In addition to any 
right to be heard established elsewhere under these rules, at any 
public proceeding at which a victim has the right to attend, the victim 
has the right to be heard on any matter affecting the rights of a 
victim.''.
    (b) Conforming Amendment.--The table of contents for the Federal 
Rules of Criminal Procedure is amended by inserting after the item 
relating to Rule 43 the following:

``43.1 Victim's Presence.''.

SEC. 27. COUNSEL FOR VICTIMS.

    Rule 44 of the Federal Rules of Criminal Procedure is amended by 
adding at the end the following:
    ``(d) Counsel for Victims.--When the interests of justice clearly 
require, the court may appoint counsel for a victim to assist the 
victim in exercising the rights of the victim under these rules or any 
other provision of Federal law.''.

SEC. 28. RIGHT TO BE HEARD.

    Rule 46 of the Federal Rules of Criminal Procedure is amended by 
adding at the end the following:
    ``(k) Victim's Right To Be Heard.--A victim has the right to be 
heard regarding any decision to release the defendant. The court shall 
consider the views of the victim and the right of the victim to be 
reasonably protected from the defendant in making any release decision, 
including such decisions in petty cases. In a case where the court 
finds that the number of victims makes it impracticable to afford all 
of the victims the right to be heard in open court, the court shall 
fashion a reasonable procedure to facilitate hearing from 
representative victims.''.

SEC. 29. MOTIONS AND SUPPORTING AFFIDAVITS.

    Rule 47(b) of the Federal Rules of Criminal Procedure is amended by 
adding at the end the following: ``In deciding whether to grant the 
government's motion to dismiss, the court shall consider the views of 
the victim.''.

SEC. 30. SERVING AND FILING PAPERS.

    Rule 49(a) of the Federal Rules of Criminal Procedure is amended by 
inserting after ``on every other party'' the following: ``, and on the 
victim or any counsel for a victim who has entered a notice of 
appearance,''.

SEC. 31. PROMPT DISPOSITION.

    Rule 50 of the Federal Rules of Criminal Procedure is amended to 
read as follows:
``Rule 50. Prompt Disposition
    ``(a) Scheduling Preference.--Scheduling preference shall be given 
to criminal proceedings as far as is practicable.
    ``(b) Defendant's Right Against Delay.--The court shall assure that 
the right of the defendant to a speedy trial is protected, as provided 
by the Speedy Trial Act of 1974 (18 U.S.C. 3161 note).
    ``(c) Victim's Right Against Delay.--The court shall assure that 
the right of the victim to proceedings free from unreasonable delay is 
protected. The victim has the right to be heard regarding any motion to 
continue any proceeding. If the court grants a motion to continue over 
the objection of the victim, the court shall state its reasons in 
writing.''.

SEC. 32. PRESERVING CLAIMED ERROR.

    Rule 51(b) of the Federal Rules of Criminal Procedure is amended--
            (1) in the first sentence, by inserting after ``A party'' 
        the following: ``or a victim''; and
            (2) in the second sentence, by inserting after ``If a 
        party'' the following: ``or a victim''.

SEC. 33. DIRECTION TO SENTENCING COMMISSION.

    The United States Sentencing Commission is directed to make 
appropriate amendments to sentencing guidelines, policy statements, and 
official commentary to ensure that crime victims have meaningful 
participation in the sentencing process.
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