[Congressional Record (Bound Edition), Volume 146 (2000), Part 6]
[Senate]
[Pages 7742-7743]
[From the U.S. Government Publishing Office, www.gpo.gov]



                         CRIME VICTIMS' RIGHTS

  Mr. JOHNSON. Mr. President, for the eighth year in a row, the Uniform 
Crime Report indicates that violent crime has decreased across our 
country. In 1999, the number of murders, rapes, aggravated assaults, 
robberies, and property crimes decreased eight percent in the Midwest 
and seven percent overall. While crime experts will argue endlessly on 
the reasons behind this remarkable trend, I believe that local, state, 
and federal law enforcement are primarily responsible for making our 
streets safer than a decade before.
  While I am pleased with the results of this new report, it is 
important to remember that behind every crime statistic, there is a 
child, a spouse, a relative, or a friend that has been victimized. Even 
one crime is too many because that crime victim has been violated in a 
way that forever changes their life. In our country's haste to focus on 
what should happen to the criminal, the victim is too often overlooked. 
That doesn't have to be the case, and I believe that more should be 
done to assist crime victims in South Dakota and around the country.
  As a former prosecutor, I am well aware that victimization in and of 
itself is terrible to cope with, let alone the anguish of a legal 
proceeding and restitution recovery. The voice of the victim should be 
heard at every step of the criminal process, and local and state 
programs should have adequate resources to effectively deal with crime 
victims.
  States have taken the lead in protecting the rights of crime victims, 
and it is time for the federal government to follow suit. South Dakota 
provides a number of specific ``victims rights'' including the right to 
restitution, notices of scheduled hearings and releases, an explanation 
of the criminal charges and process, and the opportunity to present a 
written or oral victim impact statement at trial. South Dakota also has 
victim/witness assistants in many of the prosecutor's offices across 
the state who work with crime victims on a daily basis.
  I am a cosponsor of the Crime Victims Assistance Act which enhances 
victims' rights for federal crimes and provides several grants for 
state and local prosecutors, judges, prison employees, and law 
enforcement officials to improve their handling of crime victims as 
well. However, instead of passing this important piece of legislation 
that would have an immediate impact on state and local efforts to 
improve crime victims services, some in Congress prefer to focus their 
attention on proposals to amend the United States Constitution. I have 
reservations about amending the constitution while Congress has the 
ability to enact legislation instead to accomplish the same goal. I am 
more concerned that this focus on a constitutional amendment has slowed 
the pace of crime victim legislation over the past several years. It is 
critical that Congress pass and the President sign into law the Crime 
Victims Assistance Act this year.
  In addition to the Crime Victims Assistance Act, Congress must pass 
this year the Violence Against Women Reauthorization Act (VAWA II). 
Since enactment of the Violence Against Women Act in 1994, the number 
of forcible rapes of women have declined, and the number of sexual 
assaults nationwide have gone down as well. South Dakota organizations 
have received $6.7 million in federal funding for domestic abuse 
programs and $1.6 million in federal funding for battered women's 
shelters.

[[Page 7743]]

  Despite the success of the Violence Against Women Act, domestic abuse 
and violence against women continue to plague our communities. Consider 
the fact that a woman is raped every five minutes in this country and 
more women are injured by domestic violence each year than by 
automobile accidents and cancer deaths combined. Local and state 
officials should have access to more--not fewer--resources to address 
domestic violence, and it is critical that programs authorized through 
VAWA II receive stable levels of funding for the next five years.
  Supporters of a constitutional amendment for crime victims have 
withdrawn their proposal from consideration on the Senate floor this 
year. I am hopeful that my colleagues will seize this opportunity to 
continue the very valuable discussion on crime victims' rights and work 
to pass the Crime Victims Assistance Act and VAWA II as soon as 
possible.

                          ____________________