[Congressional Record (Bound Edition), Volume 147 (2001), Part 5]
[Senate]
[Pages 6402-6403]
[From the U.S. Government Publishing Office, www.gpo.gov]



                 CRIME VICTIMS' ASSISTANCE ACT OF 2001

  Mr. KENNEDY. Mr. President, victims of crime deserve to have their 
voices heard and to be notified of important events in the criminal 
justice system relating to their cases, and they deserve enforceable 
rights under the law.
  Today, this is why my colleagues and I are re-introducing the Crime 
Victims Assistance Act. It is especially appropriate that we do so this 
week, which is National Crime Victims' Rights Week. Our bill defines 
the rights of victims and establishes an effective means to implement 
and enforce these rights. Equally important, it does so without taking 
the drastic, unnecessary, and time-consuming step of amending the 
Constitution.
  Our bill provides enhanced protections to victims of both violent and 
non-violent federal crimes. It assures victims a greater voice in the 
prosecution of the criminals who injured them and their families. It 
gives victims the right to be notified and consulted on detention and 
plea agreements; the right to be heard at sentencing; the right to be 
notified of the escape or release of a criminal from prison or a grant 
of executive clemency; and the right to a speedy trial and prompt 
disposition, free from unreasonable delay.
  The rights established by this bill will fill existing gaps in 
federal criminal law and will be a major step toward guaranteeing that 
victims of crime receive fair treatment. Our bill achieves these goals 
in a way that does not interfere with the efforts of the States to 
protect victims in ways appropriate to each State's unique needs.
  Rather than mandating that States modify their criminal justice 
procedures in particular ways, our bill authorizes the use of federal 
funds to establish effective pilot programs to promote victim-rights 
compliance. It increases resources for the development of state-of-the-
art systems for notifying victims of important dates and developments 
in their cases. It provides funds for the development of community-
based justice programs relating to those rights. Finally, it creates 
and funds additional personnel in federal law enforcement agencies to 
assist victims in obtaining their rights. These initiatives will 
provide victims with the counseling, information, and assistance they 
need in order to participate in the criminal justice process to the 
maximum extent possible.
  There is no need to amend the Constitution to achieve these important 
goals. The Constitution is the foundation of our democracy. It reflects 
the

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enduring principles of our country. The framers deliberately made the 
Constitution difficult to amend, because it was never intended to be 
used for normal legislative purposes. If it is not necessary to amend 
the Constitution to achieve particular goals, it is necessary not to 
amend it. Our legislation is well-designed to establish effective and 
enforceable rights for victims of crime, and I urge my colleagues to 
support it.

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