[Congressional Record Volume 168, Number 54 (Monday, March 28, 2022)]
[House]
[Pages H3875-H3880]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HOMICIDE VICTIMS' FAMILIES' RIGHTS ACT OF 2021
Ms. JACKSON LEE. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 3359) to provide for a system for reviewing the case
files of cold case murders at the instance of certain persons, and for
other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3359
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 ``Homicide Victims' Families'
Rights Act of 2021''.
SEC. 2. CASE FILE REVIEW.
(a) In General.--The head of an agency shall review the
case file regarding a cold case murder upon written
application by one designated person to determine if a full
reinvestigation would result in either the identification of
probative investigative leads or a likely perpetrator.
(b) Review.--The review under subsection (a) shall
include--
(1) an analysis of what investigative steps or follow-up
steps may have been missed in the initial investigation;
(2) an assessment of whether witnesses should be
interviewed or reinterviewed;
(3) an examination of physical evidence to see if all
appropriate forensic testing and analysis was performed in
the first instance or if additional testing might produce
information relevant to the investigation; and
(4) an update of the case file using the most current
investigative standards as of the date of the review to the
extent it would help develop probative leads.
(c) Certification in Lieu of Review.--In any case in which
a written application for review has been received under this
Act by the agency, review shall be unnecessary where the case
does not satisfy the criteria for a cold case murder. In such
a case, the head of the agency shall issue a written
certification, with a copy provided to the designated person
that made the application under subsection (a), stating that
final review is not necessary because all probative
investigative leads have been exhausted or that a likely
perpetrator will not be identified.
(d) Reviewer.--A review required under subsection (a) shall
not be conducted by a person who previously investigated the
murder at issue.
(e) Acknowledgment.--The agency shall provide in writing to
the applicant as soon as reasonably possible--
(1) confirmation of the agency's receipt of the application
under subsection (a); and
(2) notice of the applicant's rights under this Act.
(f) Prohibition on Multiple Concurrent Reviews.--Only one
case review shall be undertaken at any one time with respect
to the same cold case murder victim.
(g) Time Limit.--Not later than 6 months after the receipt
of the written application submitted pursuant to subsection
(a), the agency shall conclude its case file review and reach
a conclusion about whether or not a full reinvestigation
under section 4 is warranted.
(h) Extensions.--
(1) In general.--The agency may extend the time limit under
subsection (g) once for a period of time not to exceed 6
months if the agency makes a finding that the number of case
files to be reviewed make it impracticable to comply with
such limit without unreasonably taking resources from other
law enforcement activities.
(2) Actions subsequent to waiver.--For cases for which the
time limit in subsection (g) is extended, the agency shall
provide notice and an explanation of its reasoning to one
designated person who filed the written application pursuant
to this section.
SEC. 3. APPLICATION.
Each agency shall develop a written application to be used
for designated persons to request a case file review under
section 2.
SEC. 4. FULL REINVESTIGATION.
(a) In General.--The agency shall conduct a full
reinvestigation of the cold case murder at issue if the
review of the case file required by section 2 concludes that
a full reinvestigation of such cold case murder would result
in probative investigative leads.
(b) Reinvestigation.--A full reinvestigation shall include
analyzing all evidence regarding the cold case murder at
issue for the purpose of developing probative investigative
leads or a likely perpetrator.
(c) Reviewer.--A reinvestigation required under subsection
(a) shall not be conducted by a person who previously
investigated the murder at issue.
(d) Prohibition on Multiple Concurrent Reviews.--Only one
full reinvestigation shall be undertaken at any one time with
respect to the same cold case murder victim.
SEC. 5. CONSULTATION AND UPDATES.
(a) In General.--The agency shall consult with the
designated person who filed the written application pursuant
to section 2 and provide him or her with periodic updates
during the case file review and full reinvestigation.
(b) Explanation of Conclusion.--The agency shall meet with
the designated person and discuss the evidence to explain to
the designated person who filed the written application
pursuant to section 2 its decision whether or not to engage
in the full reinvestigation provided for under section 4 at
the conclusion of the case file review.
SEC. 6. SUBSEQUENT REVIEWS.
(a) Case File Review.--If a review under subsection (a)
case file regarding a cold case murder is conducted and a
conclusion is reached not to conduct a full reinvestigation,
no additional case file review shall be required to be
undertaken under this Act with respect to that cold case
murder for a period of five years, unless there is newly
discovered, materially significant evidence. An agency may
continue an investigation absent a designated person's
application.
(b) Full Reinvestigation.--If a full reinvestigation of a
cold case murder is completed and a suspect is not identified
at its conclusion, no additional case file review or full
reinvestigation shall be undertaken with regard to that cold
case murder for a period of five years beginning on the date
of the conclusion of the reinvestigation, unless there is
newly discovered, materially significant evidence.
SEC. 7. DATA COLLECTION.
(a) In General.--Beginning on the date that is three years
after the date of enactment of this Act, and annually
thereafter, the Director of the National Institute of Justice
shall publish statistics on the number of cold case murders.
(b) Manner of Publication.--The statistics published
pursuant to subsection (a) shall, at a minimum, be
disaggregated by the circumstances of the cold case murder,
including the classification of the offense, and by agency.
SEC. 8. PROCEDURES TO PROMOTE COMPLIANCE.
(a) Regulations.--Not later than one year after the date of
enactment of this Act, the head of each agency shall
promulgate regulations to enforce the right of a designated
person to request a review under this Act and to ensure
compliance by the agency with the obligations described in
this Act.
(b) Procedures.--The regulations promulgated under
subsection (a) shall--
(1) designate an administrative authority within the agency
to receive and investigate complaints relating to a review
initiated under section 2 or a reinvestigation initiated
under section 4;
(2) require a course of training for appropriate employees
and officers within the agency regarding the procedures,
responsibilities, and obligations required under this Act;
(3) contain disciplinary sanctions, which may include
suspension or termination from employment, for employees of
the agency who are shown to have willfully or wantonly failed
to comply with this Act;
(4) provide a procedure for the resolution of complaints
filed by the designated person concerning the agency's
handling of a cold case murder investigation or the case file
evaluation; and
(5) provide that the head of the agency, or the designee
thereof, shall be the final arbiter of the complaint, and
that there shall be no judicial review of the final decision
of the head of the agency by a complainant.
SEC. 9. WITHHOLDING INFORMATION.
Nothing in this Act shall require an agency to provide
information that would endanger the safety of any person,
unreasonably impede an ongoing investigation, violate a court
order, or violate legal obligations regarding privacy.
SEC. 10. MULTIPLE AGENCIES.
In the case that more than one agency conducted the initial
investigation of a cold case murder, each agency shall
coordinate their case file review or full reinvestigation
such that there is only one joint case file review or full
reinvestigation occurring at a time in compliance with
section 2(f) or 4(d), as applicable.
SEC. 11. APPLICABILITY.
This Act applies in the case of any cold case murder
occurring on or after January 1, 1970.
SEC. 12. DEFINITIONS.
In this Act:
(1) The term ``designated person'' means an immediate
family member or someone similarly situated, as defined by
the Attorney General.
(2) The term ``immediate family member'' means a parent,
parent-in-law, grandparent, grandparent-in-law, sibling,
spouse, child, or step-child of a murder victim.
(3) The term ``victim'' means a natural person who died as
a result of a cold case murder.
(4) The term ``murder'' means any criminal offense under
section 1111(a) of title 18, United States Code, or any
offense the elements of which are substantially identical to
such section.
(5) The term ``agency'' means a Federal law enforcement
entity with jurisdiction to engage in the detection,
investigation, or prosecution of a cold case murder.
(6) The term ``cold case murder'' means a murder--
[[Page H3876]]
(A) committed more than three years prior to the date of an
application by a designated person under section 2(a);
(B) previously investigated by a Federal law enforcement
entity;
(C) for which all probative investigative leads have been
exhausted; and
(D) for which no likely perpetrator has been identified.
SEC. 13. ANNUAL REPORT.
(a) In General.--Each agency shall submit an annual report
to the Committees on the Judiciary of the House of
Representatives and of the Senate describing actions taken
and results achieved under this Act during the previous year.
(b) Report Described.--The report described in subsection
(a) shall include--
(1) the number of written applications filed with the
agency pursuant to section 2(a);
(2) the number of extensions granted, and an explanation of
reasons provided under section 2(h);
(3) the number of full reinvestigations initiated and
closed pursuant to section 4; and
(4) statistics and individualized information on topics
that include identified suspects, arrests, charges, and
convictions for reviews under section 2 and reinvestigations
under section 4.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Texas (Ms. Jackson Lee) and the gentleman from Oregon (Mr. Bentz) each
will control 20 minutes.
The Chair recognizes the gentlewoman from Texas.
General Leave
Ms. JACKSON LEE. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days in which to revise and extend their
remarks and include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Texas?
There was no objection.
Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I support H.R. 3359, the Homicide Victims' Families'
Rights Act of 2021, and urge my colleagues to support this bipartisan
legislation, which establishes a procedure for families of murder
victims in cases investigated at the Federal level to continue to
pursue justice for their murdered family member when the trail has gone
cold. There is nothing more devastating for a family to live without
answers in the midst of a violent death of their loved one.
This legislation gives a designated family member the right to
request a review of their murdered loved one's case file after 3 years.
Unfortunately, 4 out of 10 murder victims' families in this country
never receive any closure in the loss of their family member.
FBI data shows the percentage of homicides cleared by an arrest or
other means has declined significantly from 1965 to today, while the
number of unsolved homicides grows by the thousands nationwide every
year.
In 2019, four Texas cities cleared 40 percent or less of reported
homicides, according to the FBI statistics. Low clearance rates lead to
low confidence in law enforcement and reduce citizen cooperation, which
led to even lower clearance rates. The backlog of cases and low
clearance rates disproportionately affect murder victims who are poor,
undereducated, unemployed, and Black, and without resources to pursue
this with a private investigator or with an extended legal team. They
are left to their own devices. Mr. Speaker, you know what that is,
remorse, sadness, devastation, family breaks-ups, loss that can never
be repaired.
Poor Black and Brown victims and their families tend to receive less
attention to their cases from law enforcement than those of other
socioeconomic backgrounds and racial groups, and their cases go
unsolved. This, of course, however, impacts Americans across the board.
The pain is deep without easing, without ceasing. This legislation is
important. This disparate treatment is unacceptable as well. We can and
we must provide justice for all victims and their families.
Mr. Speaker, I hope this legislation will set a new tone--eliminating
disparate treatment--impacting vulnerable communities of poor Black and
Brown families who never receive closure, while serving as a model for
State, local, and Tribal governments where the vast majority of
unsolved murders lie, and as well, help all Americans no matter what
their condition and station in life and no matter where they live.
H.R. 3359 will require Federal law enforcement agencies to use fresh
eyes--and I have seen this actually work--to complete a case file,
review, and determine if a full reinvestigation could lead to new
probative investigative leads.
This legislation will encourage equitable treatment of victims and
their families by requiring that Federal law enforcement, including the
victims' families in the case file review and reinvestigation process.
That means notifying them and giving them hope; provide written
certification to a designated family member if a final review is not
necessary; update that family member throughout the case file review
and full reinvestigation; and meet with and discuss the evidence with
that family member if a full reinvestigation is not pursued.
There is nothing like closure. It has been shown that cold case
investigations can be very effective by using agents and investigators
who have never worked the cases before, and by deploying up-to-date
investigative techniques. Cold case investigations help take violent
criminals off the street and to bring closure.
Let me take note of the fact that the Judiciary Committee as a whole
is very active in pursuing the issue of cold cases to the extent that
this Department of Justice has established a unit that works on it. I
would say, however, an infusion of energy and excitement and
utilization of this effort would be welcomed because this is an
important message and effort for our families.
In 2010, the FBI and a cold case detective began a joint
reexamination of the death of Ellen Beason in 1985, whose remains were
found south of Houston in an area called the killing fields. Almost 30
years later, the cold case detective requested x-rays of the body which
showed that the woman's skull had been cracked on both sides from a
forceful blow. Her body had never been x-rayed.
The main suspect in the murder was finally convicted of involuntary
manslaughter in 2014. He was sentenced to 20 years in prison, and was
named as the leading suspect in the murder of other women found in the
killing fields, though he was never charged.
H.R. 3359 mandates that a law enforcement agency must conduct a full
reinvestigation like the one that brought justice to Ellen Beason's
family if probative investigative leads result from a full
investigation. How necessary this is for mourning and very, very
devastated families.
This bipartisan legislation represents an important step in fostering
renewed hope for families and is supported by a broad array of
advocates, including the Federal Law Enforcement Officers Association,
the National Organization of Parents of Murdered Children, the National
Coalition Against Domestic Violence, and the Association of Prosecuting
Attorneys.
Mr. Speaker, I am so grateful to Congressman Eric Swalwell, a member
of the House Judiciary Committee, for his passion on this issue and his
astute continued effort on this bipartisan bill that will bring light
and hope to families of victims who seek justice for their loved ones.
Mr. Speaker, I ask my colleagues to join me in supporting this bill
today, and I reserve the balance of my time.
Mr. BENTZ. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 3359, the Homicide Victims'
Families' Rights Act of 2021. This bill creates a process for relatives
of homicide victims to request that Federal agencies rereview the case
of their lost family member once the case has gone cold.
To be clear, this bill would only apply to Federal cases of murder,
and it wouldn't apply to murder cases investigated by State and local
law enforcement, which are most cases.
The majority of cold cases at issue under this bill are likely to be
cases arising from Tribal jurisdictions. Fortunately, President Trump
already took steps to try to solve cold cases in Tribal jurisdictions.
In November of 2019, President Trump signed an executive order to
create the Operation Lady Justice Task Force.
In its first year, this task force opened seven offices across the
country to address the number of missing and murdered indigenous women.
The task force held listening sessions, Tribal consultations, webinars,
meetings with law enforcement, and victims' services programs, and
formed domestic violence and sexual assault coalitions.
[[Page H3877]]
The task force put out guidance and protocols, developed
relationships with entities like missing persons clearinghouses, began
training for investigators and volunteers, and started a public
awareness campaign. This was all in 2020.
This legislation is cut from similar cloth as President Trump's
executive order creating that task force. Hopefully, it will motivate
the Biden administration to continue President Trump's good work.
Mr. Speaker, I reserve the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I yield 5 minutes to the gentleman from
California (Mr. Swalwell), the author and leader of this bill. I thank
him so much for his very astute leadership.
Mr. SWALWELL. Mr. Speaker, I thank the gentlewoman for her continued
leadership in this area and the gentleman from Oregon for his support.
Mr. Speaker, this legislation plainly says and will plainly make so
that the sun will never set on justice for victims of homicides and
their families seeking closure.
I want to thank the chairman and ranking member for their unanimous
support of my bill, H.R. 3359, the Homicide Victims' Families' Rights
Act of 2021. I really appreciate the majority leader and the Speaker
for allowing this measure to be considered before the floor today.
I also want to thank my co-lead on this legislation, former Federal
prosecutor, Congressman Mike McCaul from Texas, for his dedication to
bringing justice to victims of unsolved homicides. His perspective,
having served in the Federal courts, brought with him a wealth of
knowledge on criminal investigations at both the State and Federal
level.
I also want to acknowledge former Assistant United States Attorney
from the District of Columbia, Glenn Kirschner, who worked with my
office, after spending many years serving as a prosecutor in the
District of Columbia to detail the pain and suffering that far too many
families face when they see their loved ones' cases go unsolved. Mr.
Kirschner's expertise has been invaluable as I drafted this legislation
to ensure no victim is forgotten.
I also have relied upon my own experience as a prosecutor, knowing
that no jury verdict, no criminal sentence can bring back to life a
lost loved one. However, I have been in the courtroom when a guilty
verdict is delivered in a murder case and I have seen the closure that
the families experience when that occurs for them.
I have also met with a number of families where they have not yet
seen their family member's killer brought to justice. There is a marked
difference. This revitalizes the review and reinvestigation processes
for cold case homicide files. Upon request by a loved one or a family
member 3 years after a case goes cold, my legislation requires a
complete reexamination of the file and accompanying evidence, new or
renewed interviews with potential subjects and witnesses and other
methods to identify possible missteps.
{time} 1715
Improvements in technology, resources, and evidence-based techniques
will also better equip law enforcement agencies with tools they need to
review files under a novel lens, one that would assist in identifying
new leads and witnesses to solve crimes and obtain justice that
victims' families and loved ones so rightfully deserve.
It also assists investigators in homicide cases that serve important
underserved communities such as Native Americans on Indian
Reservations, Federal law enforcement officers killed in action, U.S.
citizens who are murdered abroad, or homicides that take place on
Federal land and the high seas.
It will also serve as a crucial model for the States to look at a
Federal law that could inspire in their own States, the ability to
adopt a local Homicide Victims Bill of Rights.
This law enforcement with additional disaggregated and detailed
information about cold case homicides that will assist agencies across
State lines to help triangulate homicide trends and investigate and
identify new leads. Valuable information, combined with existing
commitments toward finding justice for unsolved murders, has led to
full endorsements of my bill by both advocacy groups and law
enforcement associations alike.
The need for this bill is great. And every year, countless homicides
leave mothers and fathers without children, spouses widowed, and sons
and daughters without parents. The crimes spare no one, whether it is
the unfortunate victim, or the family member who is left with lasting
shock, turmoil, and grief. And after all, murder never discriminates,
nor does it prioritize.
Special care is especially needed for cold case crimes. The FBI
Uniform Crime Report estimates 250,000 homicides cases are unsolved.
And as of today, we have more than 3,000 unsolved homicide cases right
here in our own Nation's Capital. The number of unsolved homicides that
eventually attain cold-case status increases each year by an average of
6,000.
That is why I am urging my friends on both sides of the aisle to
swiftly pass H.R. 3359, and to join our colleagues on the Judiciary
Committee who unanimously supported the passage of this legislation.
Mr. BENTZ. Mr. Speaker, I reserve the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, it is my pleasure to yield 2 minutes to
the distinguished gentleman from Rhode Island (Mr. Cicilline), a member
of the Judiciary Committee.
Mr. CICILLINE. Mr. Speaker, I thank the gentlewoman for yielding.
I rise today in strong support of the Homicide Victims' Families'
Rights Act, legislation that will help tackle the backlog of cold cases
and bring long overdue justice to more than a quarter of a million
unresolved or unsolved murder cases.
It is estimated that every murder victim leaves behind more than four
family members. This means that more than a million grieving loved
ones, families, friends, and communities, are still waiting for
answers.
And this is not just a problem in older cases. In 2017, the FBI
Uniform Crime Report estimated that across all levels of law
enforcement, investigators were only able to close 62 percent of murder
cases. We can help remedy this with the Homicide Victims' Families'
Rights Act.
This bill empowers families by affording them the right to have their
loved ones' homicide cases examined by a Federal investigator to see if
the case should be reinvestigated.
This is an important review process to establish, especially since
our technological and scientific investigation techniques are
constantly evolving and being improved, providing law enforcement new
tools to investigate even the oldest of cold cases.
This is a straightforward, smart bill that will hopefully bring peace
to victims' loved ones who are too often left in the dark.
I want to thank my friend and colleague, Congressman Swalwell, for
his extraordinary leadership on this bipartisan bill and encourage all
my colleagues to join me in voting ``yes.''
Mr. Speaker, I include in the Record a national victims' organization
group coalition letter of support; individual letters of support from
The American Investigative Society of Cold Cases, Parents of Murdered
Children, Inc., and Murder Accountability Project; and individual
letters of support from the Association of Prosecuting Attorneys, and
the Federal Law Enforcement Officers Association.
December 6, 2021.
Re Support the Homicide Victims' Families Rights Act.
Chairman Jerrold Nadler,
House Judiciary Committee,
Washington, DC.
Ranking Member Jim Jordan,
House Judiciary Committee,
Washington DC.
Dear Chairman Nadler and Ranking Member Jordan: The
undersigned organizations strongly support the bipartisan
Homicide Victims' Families Rights Act (HVFRA). It is our
understanding that this legislation, which is introduced by
Representatives Eric Swalwell (CA-15) and Michael McCaul (TX-
10), is being considered before your committee.
Violent homicides affect so many more lives that just the
victim. The undersigned organizations all provide essential
resources to families and loved one of homicide cases by
engaging in ongoing emotional support, education, prevention,
advocacy, and awareness. We provide continued support to
survivors during the devastation and helplessness they
constantly feel while waiting for justice and closure for the
murder of their loved ones.
HVFRA would expand rights to the families and loved ones in
federal cases by requiring reviews and reinvestigations of
cold case
[[Page H3878]]
homicides. HVFRA would also provide relevant resources to law
enforcement agencies by updating and categorizing the types
of crimes that lead to homicide, cold cases. With our
collective goals towards supporting families and loved ones
who seek justice for unsolved, crimes, we collectively agree
that HVFRA will provide important resources which will
provide justice.
The HVFRA assists families and loved ones of homicide
victims by:
Reinvigorating reviews of cold case murders files. Reviews
are initiated upon request by a loved one or family member
three years after a case goes ``cold.'' A case is ``cold'' if
no suspect is readily identifiable and all leads have been
exhausted.
Providing a full reinvestigation using the most up-to-date
technologies and investigative standards. Following a review
request, if law enforcement concludes that new probative
investigative leads would result, a full re-analysis must be
undertaken. This includes a complete review of the file and
accompanying evidence, new or renewed interviews with
potential subjects and witnesses, and other methods to
identify possible missed steps.
Increasing transparency in national crime databases. The
National Institute of Justice would annually publish detailed
statistics on the number of cold cases, aggregated by the
types of associated crimes and agency. This information will
assist law enforcement agencies across state lines to help
identify trends and hopefully find new leads.
Ensuring reviews and reinvestigations are working. Federal
law enforcement agencies would be required to provide annual
reports to Congress on what is working and what is not
working with new investigations. This will aide in ensuring
that programs are biased towards assisting family members and
loved ones find justice.
The undersigned organizations proudly support the HVFRA.
This important legislation is completely aligned with our
collective commitment towards assisting those who suffer
following a cold case homicide. It is our hope that the House
Judiciary Committee will promptly markup this legislation so
that it can be received before the full House floor for swift
passage.
Sincerely,
American Investigative Society of Cold Cases.
Murder Accountability Project.
National Coalition Against Domestic Violence.
National Organization for Victim Assistance.
Parents of Murdered Children, Inc.
Project: Cold Case.
Uncovered.
____
Washington, DC, December 3, 2021.
Re Support the Homicide Victims' Families Rights Act.
Chairman Jerrold Nadler,
House Judiciary Committee, Washington, DC.
Ranking Member Jim Jordan,
House Judiciary Committee, Washington, DC.
Dear Chairman Nadler and Ranking Member Jordan: The
American Investigative Society of Cold Cases strongly
supports the bipartisan Homicide Victims' Families Rights Act
(HVFRA). It is our understanding that this legislation, which
is introduced by Representatives Eric Swalwell (CA-15) and
Michael McCaul (TX-10), is being considered before your
committee.
Violent homicides affect so many more lives than just the
victim. The undersigned organization provides essential
resources to families and loved one of homicide cases by
engaging in on-going emotional support, education,
prevention, advocacy, and awareness. We provide continued
support to survivors during the devastation and helplessness
they constantly feel while waiting .for justice and closure
for the murder of their loved ones.
HVFRA Would expand rights to the families and loved ones in
federal cases by requiring reviews and reinvestigations of
cold case homicides. HVFRA would also jxovide relevant
resources to law enforcement agencies by updating and
categorizing the types of crimes that lead to homicide cold
cases. With our collective goals towards supporting families
and loved ones who seek jOsH cbe for unsolved crimes, we
collectively agree that HVFRA will provide important
resources WhiCh will provide justice.
The HVFRA assists families and loved ones of homicide
victims by:
Reinvigorating reviews of cold case murders files. Reviews
are initiated upon request by a loved one or family member
three years after a case goes ``cold.'' A case is ``cold'' if
no suspect is readily identifiable and all leads have been
exhausted.
Providing a full reinvestigation using the most up-to-date
technologies and investigative standards. Following a review
request, if law enforcement concludes that new probative
investigative leads would result, a full re-analysis must be
undertaken. This includes a complete review of the file and
accompanying evidence, new or renewed interviews with
potential subjects and witnesses, and other methods to
identify possible missed steps.
Increasing transparency in national crime databases. The
National Institute of Justice would annually publish detailed
statistics on the number of cold cases, aggregated by the
types of associated crimes and agency. This information will
assist law enforcement agencies across state lines to help
identify trends and hopefully find new leads.
Ensuring reviews and reinvestigations are working. Federal
law enforcement agencies would be required to provide annual
reports to Congress on what is working and what is not
working with new investigations. This will aide in ensuring
that programs are biased towards assisting family members and
loved ones find justice.
The undersigned organizations proudly support the HVFRA.
This important legislation is completely aligned with our
collective commitment towards assisting those who suffer
following a cold case homicide. It is our hope that the House
Judiciary Committee will promptly markup this legis}ation so
that it can be received before the fall House floor for swift
passage.
Sincerely,
Dr. Chris Kunkle,
President, American Investigative Society of Cold Cases.
____
National Organization of
Parents of Murdered Children, Inc.,
Cincinnati, OH, December 8, 2021.
Re Support Homicide Victims' Families Rights Act.
Chairman Jerrold Nadler,
House Judiciary Committee,
Washington, DC.
Ranking Member Jim Jordan,
House Judiciary Committee,
Washington, DC.
Dear Chairman Nadler and Ranking Member Jordan: The
National Organization of Parents Of Murdered Children (POMC),
a nonprofit organization dedicated to solely to the aftermath
and prevention of murder. POMC makes the difference through
on-going emotional support, education, prevention, advocacy
and awareness. POMC is very supportive of the Homicide
Victims' Families Right Act under consideration before your
commlttee.
POMC has many families of victims of un-solved homicides.
We listen to the survivor talk about the story of their loved
one's homicide and the questions they have because it has not
been solved. Their emotions, frustration and devastation they
feel, along with the helplessness that anything can be done
to bring justice and closure to the murder of their loved
one.
POMC has a program called Second Opinion Service that we
refer families to when investigators have not been able to
solve the case or don't understand why the case is not going
to court. The Second Opinion Service is made up of retired
law enforcement, medical examiners, prosecutors who volunteer
their time to look at the family's case and they will give
their opinion to the family. Most of the time these are cold
cases and we will not look at an open case. The family's are
relieved and comforted that someone will look at the case.
This is why the ``Support Homicide Victims' Families Rights
Act'' would be so important to a family whose loved one's
case is a cold case and just the thought that law enforcement
would look at it again is comforting to them.
POMC believes that the policies within the Homicide
Victims' Families Rights Act should be Adopted by law
enforcement agencies as best practices for unresolved murder.
It is our hope that the House Judiciary Committee will
promptly markup this legislation so that it can be received
before the full House floor for swift passage.
For further information about our organization you can
visit our website www.pomc.org, or if you have additional
questions regarding our support for this legislation please
do not hesitate to contact us.
Sincerely,
Beverly J. Warnock,
Executive Director,
Parents of Murdered Children.
____
Murder Accountability Project,
Alexandria, VA, December 8, 2021.
Re Support Homicide Victims' Families Rights Act.
Chairman Jerrold Nadler,
House Judiciary Committee,
Washington, DC.
Ranking Member Jim Jordan,
House Judiciary Committee,
Washington, DC.
Dear Chairman Nadler and Ranking Member Jordan: The Murder
Accountability Project (MAP), a nonprofit organization
dedicated to educating Americans on the importance of
accurately accounting for unsolved homicides within the
United States, wishes to express its unconditional support
for the Homicide Victims' Families Rights Act under
consideration before your committee.
MAP regularly receives communications from family members
of victims of un-solved homicides. We cannot adequately
express to you the depth of emotion, frustration, and
consternation these people feel, as well as helplessness that
anything can be done to bring justice and closure to these
killings.
We regularly advise families to request a formal review of
the investigation by police personnel to determine if new
avenues are available to seek case clearance. This
recommendation would be precisely codified in the Homicide
Victims' Families Rights Act. More specifically, this
legislation allows family members or loved ones to seek
additional review and re-investigation into files that have
achieved a ``cold case'' status. It would also ensure that
older files are reviewed under the most up-to-date
investigative standards to aid law enforcement in identifying
new probative leads or potential perpetrators.
In short, we believe that the policies within the Homicide
Victims' Families Rights
[[Page H3879]]
Act should be adopted by law enforcement agencies as best
practices for unresolved murders. It is our hope that the
House Judiciary Committee will promptly markup this
legislation so that it can be received before the full House
floor for swift passage.
For further information about our organization, or if you
have additional questions regarding our support for this
legislation, please do not hesitate to contact us.
Warmest Regards,
Thomas Hargrove,
Chairman, Murder Accountability Project.
____
Association of
Prosecuting Attorneys,
December 2, 2021.
Re. Support of Homicide Victims' Families Rights Act.
Chairman Jerrold Nadler,
House Judiciary Committee,
Washington, DC.
Ranking Member Jim Jordan,
House Judiciary Committee,
Washington, DC.
Dear Chairman Nadler and Ranking Member Jordan: The
Association of Prosecuting Attorneys (APA) is a private, non-
profit organization whose mission is to support and enhance
the effectiveness of prosecutors in their efforts to create
safer communities. We are a national organization supporting
all prosecutors, including both appointed and elected, as
well as their deputies and assistants.
On behalf of the APA, I am writing in support of your
efforts regarding the proposed Homicide Victims' Families
Rights Act. This Act will give homicide victims' families and
loved ones a reignited hope that justice may still be
afforded to the victims of these crimes. The provisions in
this Act will grant the opportunity for cold cases to be
reopened so that new investigations, utilizing the latest
testing and investigative techniques, may produce results
which previous methods were unable to achieve. With the
steady increase of cold cases this Act is integral to
providing an opportunity to ensure that justice is upheld in
our communities.
The APA remains committed to working with congressional
leaders, victims' families and loved ones, and victims'
rights organizations in support of this Act. We believe that
this Act will not only aid the grieving families and
communities but will improve the entirety of the criminal
justice system.
APA appreciates your time and efforts on the Homicide
Victims' Families Rights Act. Should you have any questions
or need any additional information, feel free to contact me.
Respectfully submitted,
David LaBahn,
President/CEO.
____
Federal Law Enforcement
Officers Association,
Washington, DC, December 6, 2021.
Hon. Eric Swalwell,
Washington, DC.
Dear Representative Swalwell: We write to you today on
behalf of the 30,000 federal law enforcement members in FLEOA
to express our strong support for H.R 3359, ``Homicide
Victims Rights Act of 2021.''
The loss of a family member is tragic, made more so when
they are the victim of a crime that remains unsolved. It is
imperative that all families have a resolution. As
technologies have improved, the chance of getting to that
resolution of a crime has also dramatically improved.
Agencies with these types of cases should endeavor to use
every modern means available to review these cases and if
possible, bring the new technologies and science to bear to
try to solve them. These agencies will also be more capable
if resourced and funded appropriately in this important work.
Thank you again for your leadership on this effort. We look
forward to continuing to work with you on these matters and
if we can be of any additional assistance, feel free to
contact us.
Sincerely,
Larry Cosme,
National President, Federal Law Enforcement Officers
Association.
Mr. BENTZ. Mr. Speaker, I urge my colleagues to support this bill,
and I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may
consume.
Let me thank the gentleman from Oregon for his support of this
legislation; and as well, again thank Mr. Swalwell for that commitment
to helping families who are typically desperate for help in these cold
cases.
Let me cite as a comparison that does not deal with the end of a
case, but it does deal with the intervention of the Federal Government,
the FBI, in particular, on a child predator case in a local
neighborhood, where local law enforcement were doing their very best.
But when we were able to reach out to the FBI, although the case was
not cold in its conclusion, it was cold in its investigation, its
current investigation, and the FBI did bring new and fresh eyes to help
us with that terrible case.
So when we have cases that are a cold case, the backlog of cold case
murders continues to grow, and I think this legislation means a lot to
these families. When they grow cold, this means that thousands of
murderers evade prosecution and continue to walk the streets, able to
commit more crimes and possibly more murders, while thousands of
mothers, fathers, husbands, wives, sons, and daughters, have yet to
find closure in the loss of their loved ones.
And let me just say, Mr. Speaker, I think you realize, that pain is
so deep, and it never goes away. That is why this bill is so important.
This legislation would result in more closed cases, justice for
victims, closure for their families, and greater faith in law
enforcement.
Mr. Speaker, again I want to indicate that this bill is important. I
thank my colleagues for supporting this bill in a bipartisan manner,
and I ask them to join me in supporting this bill today.
Mr. Speaker, I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I support H.R. 3359, the ``Homicide
Victims' Families' Rights Act of 2021,'' and urge my colleagues to
support this bipartisan legislation, which establishes a procedure for
families of murder victims, in cases investigated at the federal level,
to continue to pursue justice for their murdered family member when the
trail has gone cold.
This legislation gives a designated family member the right to
request a review of their murdered loved one's case file after three
years.
Unfortunately, four out of ten murder victims' families in this
country never receive any closure in the loss of their family member.
FBI data shows the percentage of homicides cleared by an arrest or
other means has declined significantly from 1965 to today while the
number of unsolved homicides grows by the thousands nationwide every
year.
In 2019, four Texas cities, including Houston, cleared 40 percent or
less of reported homicides, according to FBI statistics.
Low clearance rates lead to low confidence in law enforcement and
reduced citizen cooperation, which lead to even lower clearance rates.
The backlog of cases and low clearance rates disproportionately
affect murder victims who are poor, undereducated, unemployed, and
black.
Poor, black, and brown victims and their families tend to receive
less attention to their cases from law enforcement than those of other
socioeconomic backgrounds and racial groups and their cases go
unsolved.
This disparate treatment is unacceptable. We can and we must provide
justice for all victims and their families.
I hope this legislation will set a new tone--eliminating disparate
treatment--impacting vulnerable communities of poor black and brown
families who oftentimes never receive closure, while serving as a model
for state, local, and tribal governments where the vast majority of
unsolved murders lie.
H.R. 3359 will require federal law enforcement agencies, using
``fresh eyes,'' to complete a case file review and determine if a full
reinvestigation could lead to new probative investigative leads.
This legislation will encourage equitable treatment of victims and
their families by requiring that federal law enforcement: (1) include
the victim's family in the case file review and reinvestigation
process; (2) provide written certification to a designated family
member if final review is not necessary; (3) update that family member
throughout the case file review and full reinvestigation; and (4) meet
with and discuss the evidence with that family member if a full
reinvestigation is not pursued.
It has been shown that cold case investigations can be very
effective. By using agents and investigators who have never worked the
cases before and by deploying up-to-date investigative techniques, cold
case investigations help take violent criminals off the street and
bring closure to families.
In 2010, the FBI and a cold case detective began a joint
reexamination of the death of Ellen Beason in 1985, whose remains were
found south of Houston in an area called the ``Killing Fields.''
Almost thirty years later, the cold case detective requested x-rays
of the body, which showed that the woman's skull had been cracked on
both sides from a forceful blow. Her body had never been X-rayed.
The main suspect in the murder was finally convicted of involuntary
manslaughter in 2014, sentenced to 20 years in prison, and named as the
leading suspect in the murder of other women found in the Killing
Fields, though he was never charged.
H.R. 3359 mandates that a law enforcement agency must conduct a full
reinvestigation like the one that brought justice to Ellen Beason's
[[Page H3880]]
family, if probative investigative leads would result from a full
reinvestigation.
This bipartisan legislation represents an important step in fostering
renewed hope for families and is supported by a broad array of
advocates, including the Federal Law Enforcement Officers Association,
the National Organization of Parents of Murdered Children, the National
Coalition Against Domestic Violence, and the Association of Prosecuting
Attorneys.
I thank Chairman Eric Swalwell for his astute effort on this
bipartisan bill that will help families of victims seek justice for
their loved ones.
The backlog of cold case murders continues to grow nationally. This
means that thousands of murderers evade prosecution and continue to
walk the streets, able to commit more crimes, and possibly more
murders, while thousands of mothers, fathers, husbands, wives, sons,
and daughters have yet to find closure in the loss of their loved ones.
That is why this bill is so important. This legislation would result
in more closed cases, justice for victims, closure for their families,
and greater faith in law enforcement.
I ask that my colleagues join me in supporting this bill today.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Texas (Ms. Jackson Lee) that the House suspend the
rules and pass the bill, H.R. 3359, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. CLYDE. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
____________________