I 

116TH CONGRESS 

1ST SESSION H. R. 4729 

To protect the rights of crime victims, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 17, 2019 

Ms. SPEIER (for herself, Mr. BROOKS of Alabama, Ms. FRANKEL, Mr. PERRY, 

Mrs. BUSTOS, Ms. CASTOR of Florida, Mr. CISNEROS, Mr. COHEN, Mrs. 

DINGELL, Ms. NORTON, Mr. RYAN, Mrs. TORRES of California, and Mrs. 

WAGNER) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To protect the rights of crime victims, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Courtney Wild Crime 

5 Victims’ Rights Reform Act of 2019’’. 

6 SEC. 2. CRIME VICTIMS’ RIGHTS. 

7 Section 3771 of title 18, United States Code, is 

8 amended— 

9 (1) in subsection (a)— 


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1 (A) in paragraph (5), by striking ‘‘Govern2 ment in the case’’ and inserting ‘‘the Govern3 ment, including the right to confer about any 

4 plea bargain or other resolution of the case be5 fore such plea bargain or resolution is presented 

6 to the court or otherwise finalized’’; and 

7 (B) in paragraph (9), by striking ‘‘or de8 ferred prosecution agreement’’ and inserting 

9 ‘‘deferred prosecution agreement, nonprosecu10 tion agreement, or the referral of a criminal in11 vestigation to another Federal, State, or local 

12 law enforcement entity. In the case of a non13 prosecution agreement or referral of a criminal 

14 investigation to another law enforcement entity, 

15 upon a showing of good cause, which shall be 

16 based upon public safety and the needs of re17 lated ongoing prosecutions, the victim may be 

18 required to maintain the confidentiality of any 

19 nonpublic information disclosed to the victim. 

20 Any such duty of confidentiality may not be 

21 greater than that of the Government or the de22 fendant. The Attorney General may assess a 

23 civil penalty for any breach of confidentiality 

24 under this section, after notice and an opporVerDate Sep 11 2014 22:31 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4729.IH H4729

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1 tunity for a hearing, of not more than $500 for 

2 each violation.’’; 

3 (2) in subsection (c)(1), by inserting after the 

4 period at the end the following: ‘‘If a dispute arises 

5 about whether the officers and employees have made 

6 such best efforts, the Department of Justice shall 

7 promptly provide to the victim and, if requested, to 

8 the court reviewing the issue all relevant information 

9 and documents concerning the circumstances, in10 cluding steps taken to comply with this subsection.’’; 

11 (3) in subsection (d)— 

12 (A) in paragraph (1), by inserting after 

13 ‘‘the Government’’ the following: ‘‘with the in14 formed consent of the victim, the Government 

15 (including a Special Victims’ Advocate appear16 ing pursuant to paragraph (8))’’; 

17 (B) in paragraph (2), by inserting after 

18 the period at the end the following: ‘‘The proce19 dure fashioned by the court under this para20 graph shall have no effect on the duty of offi21 cers and employees of the Government to make 

22 their best efforts to accord crime victims the 

23 rights described in subsection (a).’’; 

24 (C) in paragraph (3), by striking ‘‘forth25 with’’ and inserting ‘‘forthwith, and the GovernVerDate Sep 11 2014 22:31 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4729.IH H4729

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1 ment shall provide promptly to the Court all in2 formation and documents relevant to the asser3 tion of the right’’; 

4 (D) by amending paragraph (5) to read as 

5 follows: 

6 ‘‘(5) RE-OPENING PROCEEDINGS.— 

7 ‘‘(A) In no case shall a failure to afford a 

8 right under this chapter provide grounds for a 

9 new trial. 

10 ‘‘(B) A victim who received reasonable no11 tice of the relevant proceedings may make a 

12 motion to re-open a plea or sentence only if— 

13 ‘‘(i) the victim has asserted the right 

14 to be heard before or during the pro15 ceeding at issue and such right was denied; 

16 ‘‘(ii) the victim petitions the court of 

17 appeals for a writ of mandamus within 30 

18 days; and 

19 ‘‘(iii) in the case of a plea, the ac20 cused has not pled to the highest offense 

21 charged. 

22 ‘‘(C) A victim may bring a motion to re23 open a plea or sentence, not later than 180 

24 days after the relevant proceeding, upon the 

25 basis that the victim was not able to assert the 


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1 right to be heard during the proceeding because 

2 the victim did not have reasonable and timely 

3 notice of the proceeding.’’; 

4 (E) by redesignating paragraph (6) as 

5 paragraph (10); and 

6 (F) by inserting after paragraph (5) the 

7 following: 

8 ‘‘(6) MOTION TO ANNUL PROSECUTORIAL

9 AGREEMENTS.—A crime victim may make a motion 

10 to rescind a deferred prosecution or may bring an 

11 action in the district court to annul a nonprosecu12 tion agreement based upon a showing by clear and 

13 convincing evidence that the Government violated 

14 the rights provided for crime victims in this section. 

15 ‘‘(7) REMEDIES.—For proceedings under para16 graphs (5) and (6), upon a finding that a victim’s 

17 rights have been violated, the court shall impose a 

18 just and appropriate remedy to address such viola19 tion. In determining the appropriate remedy, the 

20 court may convene a hearing for victim impact state21 ments, and consider the testimony at any such hear22 ing. 

23 ‘‘(8) SPECIAL VICTIMS’ ADVOCATE.—The Na24 tional Coordinator may appear in a criminal action 


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1 as a Special Victims’ Advocate to protect the rights 

2 of crime victims in this section. 

3 ‘‘(9) ATTORNEYS’ FEES.—A crime victim who 

4 prevails against the United States in an action to 

5 enforce a right under this section shall be entitled to 

6 an award of reasonable attorneys’ fees and expenses, 

7 as provided in section 2412 of title 28, United 

8 States Code.’’; 

9 (4) in subsection (e)(2)(A), by striking ‘‘the 

10 commission of a’’ and inserting ‘‘a suspected, al11 leged, charged, or convicted’’; and 

12 (5) by striking subsection (f). 

13 SEC. 3. DEPARTMENT OF JUSTICE OFFICIALS RESPON14 SIBLE FOR ENSURING VICTIMS’ RIGHTS. 

15 (a) IN GENERAL.—Chapter 237 of title 18, United 

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘§ 3772. Office of the National Coordinator for Vic19 tims’ Rights 

20 ‘‘(a) ESTABLISHMENT.—There is established within 

21 the Office of the Deputy Attorney General of the Depart22 ment of Justice, the Office of the National Coordinator 

23 for Victims’ Rights, headed by the National Coordinator 

24 for Victims’ Rights (in this section referred to as the ‘Na25 tional Coordinator’), for the purpose of reviewing deterVerDate Sep 11 2014 22:31 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4729.IH H4729

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1 minations of the Ombudsman, monitoring and appearing 

2 in court proceedings as Special Victim’s Advocate to pro3 tect the rights of victims, and developing standards for 

4 treatment of victims. 

5 ‘‘(b) DUTIES.—The National Coordinator shall have 

6 the following duties: 

7 ‘‘(1) REVISIONS.—Not less than once every 2 

8 years, the National Coordinator, in consultation with 

9 the Ombudsman, the Director of the Office of Vio10 lence Against Women, the Director of the Federal 

11 Bureau of Investigation, the litigating components of 

12 the Department of Justice, and victims’ rights and 

13 services groups, shall review and, if necessary, rec14 ommend the revision of the rules issued by the At15 torney General under section 3774. 

16 ‘‘(2) ADVOCATE.—The National Coordinator 

17 may appear before the court and act as a Special 

18 Victims’ Advocate, either upon receiving a request 

19 from the Ombudsman pursuant to section 

20 3773(b)(5), upon a request from a prosecutor, or in 

21 the discretion of the National Coordinator based on 

22 the circumstances. 

23 ‘‘(3) TRAINING.—The National Coordinator 

24 shall coordinate a mandatory course of training on 

25 the treatment of crime victims for each officer or 


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1 employee of the Department of Justice who interacts 

2 with crime victims as a part of their official duties. 

3 ‘‘(4) SANCTIONS.—The National Coordinator 

4 may apply disciplinary sanctions, including suspen5 sion or termination from employment and delay of 

6 promotion on the General Schedule or other relevant 

7 pay schedule, for officers and employees of the De8 partment of Justice who fail to comply with section 

9 3771(a) or section 503 of the Victims’ Rights and 

10 Restitution Act of 1990 (34 U.S.C. 20141). 

11 ‘‘(5) MINIMUM REQUIREMENTS.—The National 

12 Coordinator shall develop best practices for pro13 tecting the rights of crime victims, which may exceed 

14 the minimum legal requirements set forth in this 

15 chapter and shall be relevant to determining whether 

16 an officer or employee of the Department of Justice 

17 has made best efforts to ensure that crime victims 

18 are notified of, and accorded, the rights described in 

19 section 3771(a) or section 503 of the Victims’ 

20 Rights and Restitution Act of 1990 (34 U.S.C. 

21 20141). 

22 ‘‘(c) AWARD.— 

23 ‘‘(1) IN GENERAL.—The National Coordinator 

24 may, upon a final determination that an officer or 

25 employee of the Department of Justice intentionally 


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1 violated the rights of a victim, award the victim not 

2 more than $15,000, to be paid out of the fund de3 scribed in section 1304 of title 31. 

4 ‘‘(2) SUPPLEMENTAL.—The award payable 

5 under this subsection shall be in addition to any 

6 other restitution or recovery to which the crime vic7 tim is entitled as a result of the crime. 

8 ‘‘§ 3773. Office of Crime Victims’ Rights 

9 ‘‘(a) ESTABLISHMENT.—There is established within 

10 the Executive Office for United States Attorneys of the 

11 Department of Justice, the Office of Crime Victims’ 

12 Rights, headed by the Crime Victims’ Rights Ombudsman 

13 (in this section referred to as the ‘Ombudsman’), for the 

14 purposes of— 

15 ‘‘(1) receiving, coordinating investigations of, 

16 and adjudicating complaints relating to a violation of 

17 the rights of a crime victim; and 

18 ‘‘(2) serving as a central resource for informa19 tion and contact in the Department of Justice for 

20 crime victims. 

21 ‘‘(b) DUTIES.—The Ombudsman shall have the fol22 lowing duties: 

23 ‘‘(1) COMPLAINT SUBMISSION SYSTEM.—The 

24 Ombudsman shall develop a streamlined system for 


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1 submitting complaints to the Ombudsman electroni2 cally and by mail. 

3 ‘‘(2) POINTS OF CONTACT.—The Ombudsman 

4 shall appoint a point of contact for each office of the 

5 Department of Justice and mandate annual training 

6 for each point of contact on the requirements and 

7 expectations of Department of Justice officers and 

8 employees with respect to the rights of crime vic9 tims. 

10 ‘‘(3) COMPLAINT PROCESS.—The Ombudsman 

11 shall establish, in coordination with the National Co12 ordinator, a process for the Ombudsman— 

13 ‘‘(A) to directly receive any complaint from 

14 crime victims for violations of their rights under 

15 section 3771(a) or section 503 of the Victims’ 

16 Rights and Restitution Act of 1990 (34 U.S.C. 

17 20141) by an officer or employee of the Depart18 ment of Justice and to refer the complaint to 

19 the point of contact at each relevant office for 

20 investigation, initial findings, and recommenda21 tions; 

22 ‘‘(B) in the case that the point of contact 

23 has a conflict of interest, to refer the complaint 

24 to another officer in a relevant office to address 


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1 the complaint, who shall be designated as the 

2 point of contact with respect to that complaint; 

3 ‘‘(C) to provide the complainant an oppor4 tunity to be heard by the point of contact and 

5 respond to initial findings of the point of the 

6 contact; 

7 ‘‘(D) to review the findings and rec8 ommendations of the point of contact; and 

9 ‘‘(E) to, not later than 90 days after re10 ceipt of a complaint— 

11 ‘‘(i) make a final determination based 

12 on the findings and recommendations of 

13 the point of contact on whether there was 

14 any violation of the rights of the crime vic15 tim; and 

16 ‘‘(ii) in the case that there is a viola17 tion, identify each officer or employee re18 sponsible for the violation, the severity of 

19 the violation, and any relief or disciplinary 

20 sanction to be imposed. 

21 ‘‘(4) REPORT DETERMINATIONS.—The Om22 budsman shall report to the complainant the deter23 minations made under paragraph (3), after which 

24 the complainant shall have an opportunity to appeal 

25 to the National Coordinator, except in a case in 


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1 which the complaint concerns the conduct of the Na2 tional Coordinator, in which case the appeal shall be 

3 to the Attorney General or a designee of the Attor4 ney General. Whether or not there is an appeal, the 

5 Ombudsman shall refer the determinations to the 

6 National Coordinator for final review and approval 

7 and application of any disciplinary sanctions or 

8 award. 

9 ‘‘(5) APPOINT ADVOCATE.— 

10 ‘‘(A) REQUEST.—The Ombudsman shall 

11 develop a process by which victims may submit 

12 a request for the National Coordinator to ap13 pear before the court and act as a Special Vic14 tims’ Advocate. 

15 ‘‘(B) REFERRAL.—The Ombudsman shall 

16 refer to the National Coordinator any request 

17 received pursuant to the process developed 

18 under subparagraph (A). 

19 ‘‘(6) COMPLAINT PERIOD.—A victim of a crime 

20 may submit a complaint under this subsection end21 ing on the date that is 1 year after the victim learns 

22 of a violation of their rights under section 3771(a) 

23 or section 503 of the Victims’ Rights and Restitu24 tion Act of 1990 (34 U.S.C. 20141) by an officer or 

25 employee of the Department of Justice or 2 years 


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1 after the actual violation, whichever is later, except 

2 that the National Coordinator may extend such date 

3 if the National Coordinator determines an extension 

4 to be necessary to accord the victim of a crime their 

5 rights upon a showing of good cause. 

6 ‘‘§ 3774. General provisions 

7 ‘‘(a) RULE MAKING.—The Attorney General shall 

8 issue such rules as may be necessary to carry out this 

9 chapter. 

10 ‘‘(b) REPORTS TO CONGRESS.— 

11 ‘‘(1) IN GENERAL.—The Attorney General shall 

12 submit to Congress a report on— 

13 ‘‘(A) significant steps taken to improve the 

14 Department’s best efforts to accord crime vic15 tims their rights; 

16 ‘‘(B) the number of complaints filed with 

17 the Ombudsman and the outcome of those com18 plaints (including any disciplinary action); and 

19 ‘‘(C) a list of all cases in which a court has 

20 determined that there has been a failure to ac21 cord crime victims their rights and the best ef22 forts made by officers and employees of the De23 partment of Justice in each case. 

24 ‘‘(2) ANNUAL AND BIANNUAL REPORTS.—The 

25 report described in paragraph (1) shall be submitted 


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1 not later than 1 year after the date of enactment of 

2 this section and— 

3 ‘‘(A) annually thereafter for a period of 2 

4 years; and 

5 ‘‘(B) biannually after the end of the period 

6 described in subparagraph (A).’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 for chapter 237 of title 18, United States Code, is amend9 ed by adding at the end the following: 

‘‘3772. Office of the National Coordinator for Victims’ Rights. 

‘‘3773. Office of Crime Victims’ Rights. 

‘‘3774. General provisions.’’. 

10 (c) JUDICIAL TRAINING ON THE RIGHTS OF CRIME

11 VICTIMS.—Not later than 1 year after the date of enact12 ment of this Act, the Director of the Federal Judicial Cen13 ter shall, in consultation with victims’ rights and services 

14 groups— 

15 (1) create a guidebook for Federal judges and 

16 judicial employees explaining legal requirements re17 garding crime victims’ rights and best practices for 

18 affording those rights in judicial proceedings; and 

19 (2) incorporate the concepts from the guidebook 

20 in the Federal Judicial Center’s judicial orientation 

21 training. 


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1 SEC. 4. CRIME VICTIM LEGAL ASSISTANCE GRANTS. 

2 Section 1404D of the Victims of Crime Act of 1984 

3 (34 U.S.C. 20107) is amended by adding at the end the 

4 following: 

5 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—In ad6 dition to funds made available under section 1402(d), 

7 there are authorized to be appropriated to carry out this 

8 section $13,000,000 for each of fiscal years 2021, 2022, 

9 2023, 2024, and 2025.’’. 

10 SEC. 5. NATIONAL RESOURCE CENTER ON CRIME VICTIMS’ 

11 RIGHTS. 

12 (a) AUTHORITY.—The Attorney General, acting 

13 through the Ombudsman of the Office of Crime Victims’ 

14 Rights, may award a grant to an eligible nonprofit entity 

15 or tribal organization, in order to provide for the establish16 ment and operation of a national resource center on crime 

17 victims’ rights. The resource center shall provide informa18 tion and assistance to lawyers and organizations that pro19 vide legal assistance to aid in efforts to advocate for crime 

20 victims’ rights in Federal jurisdictions and in States and 

21 tribal jurisdictions that have laws substantially similar to 

22 the provisions of section 3771 of title 18, United States 

23 Code. 

24 (b) APPLICATIONS.—To be eligible to receive a grant 

25 under this section, an entity or organization shall submit 

26 an application to the Attorney General at such time, in 


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1 such manner, and containing such information as the At2 torney General may require, including information that 

3 demonstrates that the entity or organization has nation4 ally recognized expertise in the area of crime victims’ 

5 rights. 

6 (c) USE OF GRANT AMOUNT.—An entity or organiza7 tion that receives a grant under this section may use the 

8 funds made available through the grant for staff salaries, 

9 travel expenses, equipment, printing, and other reasonable 

10 expenses necessary to develop, maintain, and disseminate 

11 to lawyers and organizations described in subsection (a), 

12 information and assistance concerning legal representation 

13 to assist victims of a crime. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out this section 

16 $1,500,000 for each of fiscal years 2021 through 2025. 

17 (e) AVAILABILITY OF GRANT FUNDS.—Funds appro18 priated under this section shall remain available until ex19 pended. 

20 SEC. 6. STREAMLINING VICTIM NOTIFICATION. 

21 Section 3664(d) of title 18, United States Code, is 

22 amended— 

23 (1) in paragraph (2), by striking ‘‘The proba24 tion officer’’ and inserting ‘‘Subject to paragraph 

25 (7), the probation officer’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(7) Paragraph (2) shall not apply if an officer 

3 or employee of the Department of Justice or other 

4 department or agency of the United States provides 

5 to a victim notice and an affidavit form under sec6 tion 3771(c)(1) before the probation officer submits 

7 a presentence report under subsection (a).’’. 

8 SEC. 7. IMPROVEMENTS FOR ORDERS OF RESTITUTION. 

9 (a) CHANGES IN PROCEDURES FOR ORDERS OF RES10 TITUTION.—Section 3664 of title 18, United States Code, 

11 is amended— 

12 (1) in subsection (d)(2)(A)(v), by striking 

13 ‘‘(B)’’ and inserting ‘‘(D)’’; 

14 (2) in subsection (f)(2)— 

15 (A) by inserting ‘‘the amount owed, that 

16 this amount is payable immediately, and’’ after 

17 ‘‘order’’; and 

18 (B) by striking ‘‘, and the schedule accord19 ing to which,’’; 

20 (3) in subsection (f)(3), by amending subpara21 graph (B) to read as follows: 

22 ‘‘(B) Notwithstanding any payment sched23 ule entered by the court, each order of restitu24 tion shall be a civil debt, payable immediately, 

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1 vided in this section. No payment schedule im2 posed by the court shall preclude the United 

3 States from enforcing an order of restitution 

4 pursuant to this section, nor shall any payment 

5 schedule imposed by the court preclude collec6 tion pursuant to the Bureau of Prisons’ Inmate 

7 Financial Responsibility Program.’’; 

8 (4) in subsection (k), by striking the last sen9 tence; 

10 (5) in subsection (m), by amending paragraph 

11 (1) to read as follows: 

12 ‘‘(1) An order of restitution may be enforced as 

13 follows: 

14 ‘‘(A) An order may be enforced through 

15 civil practices and procedures before the liability 

16 for restitution is satisfied, remitted, set aside, 

17 or terminated under section 3613. 

18 ‘‘(B) An order may be enforced by the 

19 United States in the manner provided for in 

20 subchapter C of chapter 227 and subchapter B 

21 of chapter 229 of this title. 

22 ‘‘(C) An order may be enforced by any vic23 tim named in the restitution order in accord24 ance with section 1962 of title 28. At the re25 quest of a victim named in a restitution order, 


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1 the clerk of the court shall issue an abstract of 

2 judgment certifying that a judgment has been 

3 entered in favor of such victim in the amount 

4 specified in the restitution order. Upon reg5 istering, recording, docketing, or indexing such 

6 abstract in accordance with the rules and re7 quirements relating to judgments of the court 

8 of the State where the district court is located, 

9 the abstract of judgment shall be a lien on the 

10 property of the defendant located in such State 

11 in the same manner and to the same extent and 

12 under the same conditions as a judgment of a 

13 court of general jurisdiction in that State.’’; 

14 and 

15 (6) by inserting after subsection (p) the fol16 lowing: 

17 ‘‘(q) Upon motion of the Government or petition by 

18 the probation office, the court shall conduct a hearing to 

19 determine whether the defendant has knowingly refused 

20 to make a restitution payment. If the court finds that the 

21 defendant is in default, the court may take any action de22 scribed in sections 3613A and 3614 of this title, to obtain 

23 compliance with the order of restitution or to sanction the 

24 defendant for knowing refusal to pay.’’. 


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1 (b) EXPANSION OF CIVIL REMEDIES FOR ORDERS OF

2 RESTITUTION.—Section 3613 of title 18, United States 

3 Code, is amended— 

4 (1) in the section heading, by inserting ‘‘OR

5 RESTITUTION’’ after ‘‘FINE’’; 

6 (2) in subsection (a), by inserting ‘‘or restitu7 tion’’ after ‘‘fine’’ each place it appears; 

8 (3) in subsection (b)— 

9 (A) by inserting ‘‘or restitution’’ after 

10 ‘‘fine’’; and 

11 (B) by inserting ‘‘or ordered to pay restitu12 tion’’ after ‘‘fined’’ each place it appears; and 

13 (4) in subsection (e), by inserting ‘‘or restitu14 tion’’ after ‘‘fine’’. 

Æ 


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