(1) The right to be reasonably protected from the accused.
(2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused.
(3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.
(4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.
(5) The reasonable right to confer with the attorney for the Government in the case.
(6) The right to full and timely restitution as provided in law.
(7) The right to proceedings free from unreasonable delay.
(8) The right to be treated with fairness and with respect for the victim's dignity and privacy.
(9) The right to be informed in a timely manner of any plea bargain or deferred prosecution agreement.
(10) The right to be informed of the rights under this section and the services described in section 503(c) of the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)) 1 and provided contact information for the Office of the Victims' Rights Ombudsman of the Department of Justice.
(A) the victim has asserted the right to be heard before or during the proceeding at issue and such right was denied;
(B) the victim petitions the court of appeals for a writ of mandamus within 14 days; and
(C) in the case of a plea, the accused has not pled to the highest offense charged.
This paragraph does not affect the victim's right to restitution as provided in title 18, United States Code.
(A) the United States court of appeals for the judicial district in which a defendant is being prosecuted; or
(B) for a prosecution in the Superior Court of the District of Columbia, the District of Columbia Court of Appeals.
(A) designate an administrative authority within the Department of Justice to receive and investigate complaints relating to the provision or violation of the rights of a crime victim;
(B) require a course of training for employees and offices of the Department of Justice that fail to comply with provisions of Federal law pertaining to the treatment of crime victims, and otherwise assist such employees and offices in responding more effectively to the needs of crime victims;
(C) contain disciplinary sanctions, including suspension or termination from employment, for employees of the Department of Justice who willfully or wantonly fail to comply with provisions of Federal law pertaining to the treatment of crime victims; and
(D) provide that the Attorney General, or the designee of the Attorney General, shall be the final arbiter of the complaint, and that there shall be no judicial review of the final decision of the Attorney General by a complainant.
(Added Pub. L. 108–405, title I, §102(a), Oct. 30, 2004, 118 Stat. 2261; amended Pub. L. 109–248, title II, §212, July 27, 2006, 120 Stat. 616; Pub. L. 111–16, §3(12), May 7, 2009, 123 Stat. 1608; Pub. L. 114–22, title I, §113(a), (c)(1), May 29, 2015, 129 Stat. 240, 241.)
Section 503(c) of the Victims' Rights and Restitution Act of 1990, referred to in subsec. (a)(10), is section 503(c) of title V of Pub. L. 101–647, which was classified to section 10607(c) of Title 42, The Public Health and Welfare, prior to editorial reclassification as section 20141(c) of Title 34, Crime Control and Law Enforcement.
The Federal Rules of Appellate Procedure, referred to in subsec. (d)(3), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
The date of enactment of this chapter, referred to in subsec. (f)(1), is the date of enactment of Pub. L. 108–405, which was approved Oct. 30, 2004.
A prior section 3771, acts June 25, 1948, ch. 645, 62 Stat. 846; May 24, 1949, ch. 139, §59, 63 Stat. 98; May 10, 1950, ch. 174, §1, 64 Stat. 158; July 7, 1958, Pub. L. 85–508, §12(k), 72 Stat. 348; Mar. 18, 1959, Pub. L. 86–3, §14(g), 73 Stat. 11; Oct. 17, 1968, Pub. L. 90–578, title III, §301(a)(2), 82 Stat. 1115, related to procedure to and including verdict, prior to repeal by Pub. L. 100–702, title IV, §§404(a), 407, Nov. 19, 1988, 102 Stat. 4651, 4652, effective Dec. 1, 1988.
2015—Subsec. (a)(9), (10). Pub. L. 114–22, §113(a)(1), added pars. (9) and (10).
Subsec. (d)(3). Pub. L. 114–22, §113(c)(1), inserted "In deciding such application, the court of appeals shall apply ordinary standards of appellate review." before "In no event shall".
Pub. L. 114–22, §113(a)(2), inserted ", unless the litigants, with the approval of the court, have stipulated to a different time period for consideration" after "after the petition has been filed".
Subsec. (e). Pub. L. 114–22, §113(a)(3), substituted "For the purposes of this chapter:" for "For the purposes of this chapter, the term", designated remainder of existing provisions as par. (2) and inserted par. heading, in par. (2), inserted subpar. (A) designation, heading, and "The term" before " 'crime victim' means" and inserted subpar. (B) designation and heading before "In the case", and added pars. (1) and (3).
2009—Subsec. (d)(5)(B). Pub. L. 111–16 substituted "14 days" for "10 days".
2006—Subsec. (b). Pub. L. 109–248 designated existing provisions as par. (1), inserted heading, and added par. (2).
Pub. L. 114–22, title I, §113(c)(2), May 29, 2015, 129 Stat. 241, provided that: "The amendment made by paragraph (1) [amending this section] shall apply with respect to any petition for a writ of mandamus filed under section 3771(d)(3) of title 18, United States Code, that is pending on the date of enactment of this Act [May 29, 2015]."
Amendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of Title 11, Bankruptcy.
Pub. L. 108–405, title I, §101, Oct. 30, 2004, 118 Stat. 2261, provided that: "This title [enacting this chapter and sections 10603d and 10603e of Title 42, The Public Health and Welfare, repealing section 10606 of Title 42, and enacting provisions set out as a note under this section] may be cited as the 'Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act'."
Pub. L. 108–405, title I, §104(a), Oct. 30, 2004, 118 Stat. 2265, provided that: "Not later than 1 year after the date of enactment of this Act [Oct. 30, 2004] and annually thereafter, the Administrative Office of the United States Courts, for each Federal court, shall report to Congress the number of times that a right established in chapter 237 of title 18, United States Code, is asserted in a criminal case and the relief requested is denied and, with respect to each such denial, the reason for such denial, as well as the number of times a mandamus action is brought pursuant to chapter 237 of title 18, and the result reached."
1 See References in Text note below.