[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5768 Engrossed in House (EH)]
<DOC>
117th CONGRESS
2d Session
H. R. 5768
_______________________________________________________________________
AN ACT
To direct the Attorney General to establish a grant program to
establish, create, and administer the violent incident clearance and
technology investigative method, 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.
This Act may be cited as the ``Violent Incident Clearance and
Technological Investigative Methods Act of 2022'' or ``VICTIM Act of
2022''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Research indicates that law enforcement agencies can
increase clearance rates by improving--
(A) investigative processes;
(B) detective capacities; and
(C) organizational oversight and supervision of
investigations.
(2) When a law enforcement agency expends additional
investigative effort, the law enforcement agency improves its
success in gaining cooperation of key witnesses and increases
the amount of forensic evidence collected.
(3) Effective investigation of shootings can prevent
subsequent related violence by--
(A) deterring retaliation; and
(B) providing interventions to individuals who may
continue to commit crimes or become victims of
retaliatory violence.
(4) Law enforcement agencies that demonstrate higher rates
of clearance for violent crimes committed against a person--
(A) have more structured oversight and formal
interactions between investigative units and agency
leadership;
(B) are more likely to have investigative units
that have collaborative relationships and robust
information sharing with other units of the law
enforcement agency;
(C) have investigative units that have specific
goals and performance metrics for both the unit and for
investigators within the unit;
(D) have investigators who more frequently respond
to the initial crime scene shortly after crimes have
been reported to collect evidence and interview
witnesses;
(E) have investigators who either have specialized
experience before joining investigative units or are
trained in investigations once they join those units;
(F) often have standard operating procedures for
investigations that establish policies and evidence-
based best practices for conducting and completing
homicide investigations; and
(G) have better relationships with the communities
they serve, even if no specific community-oriented
campaign or initiative exists between investigative
units and community groups.
(5) Criminal justice agencies should collaborate with each
other and share best practices for solving violent crimes
committed against a person.
(6) A comprehensive community engagement strategy
concerning gun violence is essential to improving clearance
rates for violent crimes committed against a person.
SEC. 3. GRANT PROGRAM WITH RESPECT TO VIOLENT INCIDENT CLEARANCE AND
TECHNOLOGICAL INVESTIGATIVE METHODS.
(a) Definitions.--In this section:
(1) Clearance by arrest.--The term ``clearance by arrest'',
with respect to an offense reported to a law enforcement
agency, means the law enforcement agency--
(A) has--
(i) arrested not less than 1 person for the
offense;
(ii) charged the person described in
subparagraph (A) with the commission of the
offense; and
(iii) referred the person described in
subparagraph (A) for prosecution for the
offense; or
(B) has cited an individual under the age of 18 to
appear in juvenile court or before another juvenile
authority with respect to the offense, regardless of
whether a physical arrest occurred.
(2) Clearance by exception.--The term ``clearance by
exception'', with respect to an offense reported to a law
enforcement agency, means the law enforcement agency--
(A) has identified not less than 1 person suspected
of the offense; and
(B) with respect to the suspect described in
subparagraph (A), has--
(i) gathered enough evidence to--
(I) support an arrest of the
suspect;
(II) make a charge against the
suspect; and
(III) refer the suspect for
prosecution;
(ii) identified the exact location of the
suspect so that the suspect could be taken into
custody immediately; and
(iii) encountered a circumstance outside
the control of the law enforcement agency that
prohibits the agency from arresting the
suspect, charging the suspect, or referring the
suspect for prosecution, including--
(I) the death of the suspect;
(II) the refusal of the victim to
cooperate with the prosecution after
the suspect has been identified; or
(III) the denial of extradition
because the suspect committed an
offense in another jurisdiction and is
being prosecuted for that offense.
(3) Clearance rate.--The term ``clearance rate'', with
respect to a law enforcement agency, means--
(A) the number of offenses cleared by the law
enforcement agency, including through clearance by
arrest and clearance by exception, divided by
(B) the total number of offenses reported to the
law enforcement agency.
(4) Eligible entity.--The term ``eligible entity'' means a
State, Tribal, or local law enforcement agency or prosecuting
office, or a group of Tribal law enforcement agencies or Tribal
prosecuting offices.
(5) Grant recipient.--The term ``grant recipient'' means a
recipient of a grant under the Program.
(6) Law enforcement agency.--The term ``law enforcement
agency'' means a public agency charged with policing functions,
including any component bureau of the agency (such as a
governmental victim services program or village public safety
officer program), including an agency composed of officers or
persons referred to in subparagraph (B) or (C) of section 2(10)
of the Indian Law Enforcement Reform Act (25 U.S.C. 2801(10)).
(7) Program.--The term ``Program'' means the grant program
established under subsection (b)(1).
(b) Grant Program.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall establish a
grant program within the Office of Justice Programs under which
the Attorney General awards grants to eligible entities to
establish, implement, and administer violent incident clearance
and technological investigative methods.
(2) Applications.--An eligible entity seeking a grant under
the Program shall submit to the Attorney General an application
at such time, in such manner, and containing or accompanied
by--
(A) such information as the Attorney General may
reasonably require; and
(B) a description of each eligible project under
paragraph (4) that the grant will fund.
(3) Selection of grant recipients.--The Attorney General,
in selecting a recipient of a grant under the Program, shall
consider the specific plan and activities proposed by the
applicant to improve clearance rates for homicides, rapes,
sexual assaults, kidnappings, and non-fatal shootings.
(4) Eligible projects.--A grant recipient shall use the
grant for activities with the specific objective of improving
clearance rates for homicides, rapes, sexual assaults,
kidnappings, and non-fatal shootings, including--
(A) ensuring the retention of detectives who are
assigned to investigate homicides, rapes, sexual
assaults, kidnappings, and non-fatal shootings as of
the date of receipt of the grant;
(B) hiring and training additional detectives who
will be dedicated to investigating homicides, rapes,
sexual assaults, kidnappings, and non-fatal shootings;
(C) developing policies, procedures, and training
to improve the ability of detectives to effectively
investigate and solve homicides, rapes, sexual
assaults, kidnappings, and non-fatal shootings,
including implementing best practices relating to--
(i) improving internal agency cooperation,
organizational oversight and accountability,
and supervision of investigations;
(ii) developing specific goals and
performance metrics for both investigators and
investigative units;
(iii) establishing or improving
relationships with the communities the agency
serves; and
(iv) collaboration with and among other law
enforcement agencies and criminal justice
organizations;
(D) training personnel to address the needs of
victims and family members of victims of homicides,
rapes, sexual assaults, kidnappings, or non-fatal
shootings or collaborating with trained victim
advocates and specialists to better meet victims'
needs;
(E) acquiring, upgrading, or replacing
investigative, evidence processing, or forensic testing
technology or equipment;
(F) development and implementation of policies that
safeguard civil rights and civil liberties during the
collection, processing, and forensic testing of
evidence;
(G) hiring or training personnel for collection,
processing, and forensic testing of evidence;
(H) hiring and training of personnel to analyze
violent crime and the temporal and geographic trends
among homicides, rapes, sexual assaults, kidnappings,
and nonfatal shootings;
(I) retaining experts to conduct a detailed
analysis of homicides and shootings using Gun Violence
Problem Analysis (commonly known as ``GVPA'') or a
similar research methodology;
(J) ensuring victims have appropriate access to
emergency food, housing, clothing, travel, and
transportation;
(K) developing competitive and evidence-based
programs to improve homicide and non-fatal shooting
clearance rates;
(L) developing best practices for improving access
to and acceptance of victim services, including victim
services that promote medical and psychological
wellness, ongoing counseling, legal advice, and
financial compensation;
(M) training investigators and detectives in
trauma-informed interview techniques;
(N) establishing programs to support officers who
experience stress or trauma as a result of responding
to or investigating shootings or other violent crime
incidents; or
(O) ensuring language and disability access
supports are provided to victims, survivors, and their
families so that victims can exercise their rights and
participate in the criminal justice process.
(c) Federal Share.--
(1) In general.--The Federal share of the cost of a project
assisted with a grant under the Program shall not exceed--
(A) 100 percent if the grant is awarded on or
before December 31, 2032; or
(B) subject to paragraph (2), 50 percent if the
grant is awarded after December 31, 2032.
(2) Waiver.--With respect to a grant awarded under the
Program after December 31, 2032, the Attorney General may
determine that the Federal share of the cost of a project
assisted with the grant shall not exceed 100 percent.
(d) Report by Grant Recipient.--Not later than 1 year after
receiving a grant under the Program, and each year thereafter, a grant
recipient shall submit to the Attorney General a report on the
activities carried out using the grant, including, if applicable--
(1) the number of homicide and non-fatal shooting
detectives hired by the grant recipient;
(2) the number of evidence processing personnel hired by
the grant recipient;
(3) a description of any training that is--
(A) provided to existing (as of the date on which
the grant was awarded) or newly hired homicide and non-
fatal shooting detectives; and
(B) designed to assist in the solving of crimes and
improve clearance rates;
(4) any new evidence processing technology or equipment
purchased or any upgrades made to existing (as of the date on
which the grant was awarded) evidence technology or equipment,
and the associated cost;
(5) any assessments of evidence processing technology or
equipment purchased with grant funds to determine whether such
technology or equipment satisfies the objectives of the use of
the technology or equipment in increasing clearance rates, and
any policies in place to govern the use of the technology or
equipment;
(6) the internal policies and oversight used to ensure that
any technology purchased through the grant for the purposes of
improving clearance rates does not violate the civil rights and
civil liberties of individuals;
(7) data regarding clearance rates for homicides, rapes,
other aggravated felonies, and non-fatal shootings, including
the rate of clearances by arrest and clearances by exception,
and crime trends from within each jurisdiction in which the
grant recipient carried out activities supported by the grant;
(8) whether the grant recipient has provided grant funds to
any victim services organizations, and if so, which
organizations;
(9) the demographic information for victims of homicides,
rapes, other aggravated felonies, and non-fatal shootings, and
the length and outcomes of each investigation, including
whether the investigation was cleared by arrest or exception;
(10) the demographic information for each victim or family
member of a victim who received victim-related services
provided by the grant recipient; and
(11) identification of the services most used by victims
and their families and identification of additional services
needed.
(e) National Institute of Justice Evaluation and Report to
Congress.--
(1) Evaluation.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter, the
Director of the National Institute of Justice shall conduct an
evaluation of--
(A) the practices deployed by grant recipients to
identify policies and procedures that have successfully
improved clearance rates for homicides, rapes, sexual
assaults, kidnappings, and non-fatal shootings; and
(B) the efficacy of any services provided to
victims and family members of victims of homicides,
rapes, sexual assaults, kidnappings, and non-fatal
shootings.
(2) Report to congress.--Not later than 30 days after
completion of an evaluation by the National Institute of
Justice under paragraph (1), the Attorney General shall submit
to Congress a report including--
(A) the results of the evaluation; and
(B) information reported by each grant recipient
under subsection (d).
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $100,000,000 for each of fiscal years
2023 through 2032.
(2) Percent for certain eligible entities.--The Attorney
General shall use 10 percent of the amount made available under
paragraph (1) for a fiscal year to award grants under the
Program to Tribal law enforcement agencies or prosecuting
offices, or groups of such agencies or offices.
Passed the House of Representatives September 22, 2022.
Attest:
Clerk.
117th CONGRESS
2d Session
H. R. 5768
_______________________________________________________________________
AN ACT
To direct the Attorney General to establish a grant program to
establish, create, and administer the violent incident clearance and
technology investigative method, and for other purposes.