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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5658 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
                                H. R. 5658

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 17, 2020

 Ms. Wasserman Schultz (for herself and Mr. Sensenbrenner) 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.

    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 ``Crime Victims' Rights Act of 2020''.

SEC. 2. CRIME VICTIMS' RIGHTS.

    Section 3771 of title 18, United States Code, is amended--
            (1) in subsection (c)--
                    (A) in the heading, strike ``Best'';
                    (B) in paragraph (1), by striking ``shall make 
                their best efforts to see'' and all that follows 
                through the period at the end and insert the following: 
                ``shall--
                    ``(A) ensure that crime victims are notified of, 
                and accorded, the rights described in subsection (a); 
                or
                    ``(B) in the case that officers and employees of 
                the Department of Justice are unable meet the 
                requirements of subparagraph (A), attempt to notify the 
                crime victim or the legal representative of the crime 
                victim on not less than 3 occasions in which the mode 
                of contact is valid, including outreach by means of 
                telephone, electronic mail, or certified mail;'';
            (2) in subsection (d)--
                    (A) in paragraph (2), strike ``reasonable 
                procedure'' and insert ``reasonable procedure, in 
                writing,''; and
                    (B) in paragraph (3), by adding at the end the 
                following: ``Relief under this subsection with respect 
                to the conduct of an attorney for the Government may 
                include the disqualification of the attorney from the 
                proceeding, and such other sanctions or penalties as 
                the court determines appropriate.''; and
            (3) by repealing subsection (f).

SEC. 3. OFFICE OF CRIME VICTIMS' RIGHTS.

    (a) In General.--Chapter 237 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3772. Office of Crime Victims' Rights
    ``(a) Establishment.--There is established within the Office of 
Professional Responsibility of the Department of Justice the Office of 
Crime Victims' Rights, which shall receive, investigate, and adjudicate 
complaints relating to the violation of the rights of a crime victim 
under section 3771.
    ``(b) Crime Victims' Rights Coordinator.--The Office of Crime 
Victims' Rights shall be headed by the Crime Victims' Rights 
Coordinator (in this section referred to as the `Coordinator'). The 
Coordinator shall be a civil servant appointed to the Senior Executive 
Service. The Coordinator may be removed from office, other than by 
impeachment and conviction, only by the personal action of the Attorney 
General and only for good cause, physical or mental disability (if not 
prohibited by law protecting persons from discrimination on the basis 
of such disability), or any other condition that substantially impairs 
the performance of his or her duties.
    ``(c) Complaints.--A crime victim or the legal representative of a 
crime victim may submit to the Office of Crime Victims' Rights a 
complaint alleging that an attorney for the Government violated the 
rights of a crime victim under section 3771, which shall include the 
following:
            ``(1) The full name, address, telephone number, and 
        electronic mail address of the complainant.
            ``(2) The name and title of the individual who violated the 
        rights of the crime victim.
            ``(3) The right of the crime victim that was allegedly 
        violated.
            ``(4) The details of the allegation, including the name of 
        the court case and the jurisdiction in which the misconduct 
        occurred, if applicable.
            ``(5) Copies of any document that supports the 
        complainant's allegation.
            ``(6) Any other information relevant to the complaint.
    ``(d) Period To Submit Complaints.--A complaint under subsection 
(c) may be submitted beginning on the date of the violation and ending 
on the date that is 180 days after a final judgment is entered in the 
underlying criminal proceeding (including any appeal), except that the 
Coordinator may extend such filing period for good cause.
    ``(e) Log of Complaints.--The Coordinator shall maintain a log of 
each complaint submitted under subsection (c).
    ``(f) Complaint Process.--
            ``(1) Investigation.--Not later than 180 days after 
        receiving a complaint under subsection (c), the Coordinator 
        shall complete an investigation and issue a final order with 
        respect to an alleged violation. At the request of the 
        Coordinator, the Attorney General may grant one extension of 
        not more than 60 days under this paragraph.
            ``(2) Hearing.--In conducting an investigation under 
        paragraph (1), the Coordinator may hold a hearing, and shall 
        hold a hearing at the written request of the complainant 
        submitted not later than 15 days after the Coordinator 
        acknowledges receipt of the complaint.
            ``(3) Standard.--If the Coordinator determines, by a 
        preponderance of the evidence, that the attorney for the 
        Government knowingly violated the rights of a crime victim 
        under section 3771, the Coordinator shall impose appropriate 
        disciplinary action against the attorney under paragraph (4)(A) 
        and, except as provided in paragraph (4)(B)(iii), make the 
        final order issued under paragraph (4) available to the public.
            ``(4) Order of decision.--
                    ``(A) In general.--The Coordinator shall issue an 
                order with respect to a complaint filed under this 
                section, and shall provide the order to the complainant 
                and to the attorney for the Government.
                    ``(B) Contents of order.--
                            ``(i) Violation of rights.--In the case 
                        that the Coordinator determines that the 
                        attorney for the Government violated the rights 
                        of a crime victim under section 3771, the 
                        Coordinator may impose disciplinary action 
                        which may consist of--
                                    ``(I) referral to each State bar 
                                association of which the attorney is a 
                                member in good standing not later than 
                                30 days after the date on which the 
                                final order is made available;
                                    ``(II) suspension or termination 
                                from employment;
                                    ``(III) suspension from practicing 
                                law on behalf of the United States; and
                                    ``(IV) referral to the appropriate 
                                United States Attorney if there is 
                                evidence of criminal misconduct.
                            ``(ii) Lesser violations.--In the case that 
                        there is substantial evidence of an ethical 
                        violation by the attorney for the Government 
                        that does not amount to a violation of the 
                        rights of a crime victim under section 3771, 
                        the Coordinator may refer such violation--
                                    ``(I) to the Director of Office of 
                                Professional Responsibility for 
                                adjudication;
                                    ``(II) to each State bar 
                                association of which the attorney is a 
                                member in good standing; and
                                    ``(III) to the appropriate 
                                supervisor of the attorney.
                            ``(iii) No violation or insufficient 
                        evidence.--In the case that the Coordinator 
                        determines that the attorney for the Government 
                        did not violate section 3771 or that there is 
                        insufficient evidence to determine whether the 
                        attorney for the Government violated section 
                        3771, the Coordinator shall enter an order to 
                        such effect. An order under this clause shall 
                        not be made available to the public.
                            ``(iv) Delayed effect.--Any sanctions 
                        imposed pursuant to an order under this section 
                        may not take effect until after the expiration 
                        of the time period to file an appeal, or in the 
                        case that an appeal is pending, until after the 
                        appeal is final.
                            ``(v) Notice of determination.--Not later 
                        than 30 days after the date of which the period 
                        to seek a review expires, notice of the 
                        issuance of a final order shall be made 
                        publicly available on the website of the Office 
                        of Crime Victims' Rights.
            ``(5) Appeal to the attorney general.--
                    ``(A) In general.--Not later than 10 business days 
                after the issuance of an order under paragraph (4), the 
                complainant or the attorney for the Government may 
                appeal the order to the Attorney General.
                    ``(B) Time for review.--Not later than 30 days 
                after an appeal is filed under this paragraph, the 
                Attorney General shall review the order.
                    ``(C) Notice to congress.--In the case that the 
                Attorney General does not uphold the decision of the 
                Coordinator, the Attorney General shall notify Congress 
                as soon as practicable, but in no case later than 10 
                business days after completing review.
                    ``(D) Failure to review.--If the Attorney General 
                fails to review an order pursuant to an appeal filed 
                under this paragraph, the order shall be deemed to have 
                been upheld by the Attorney General on the date that is 
                45 days after the appeal is filed.
    ``(g) Rights of Complainant.--The complainant shall have the 
following rights:
            ``(1) Notice of receipt.--The Coordinator shall provide to 
        the complainant notice of receipt of a complaint not later than 
        10 days after the date of such receipt.
            ``(2) Right to counsel.--
                    ``(A) In general.--The complainant shall have the 
                right to be represented by legal counsel in any hearing 
                under this section.
                    ``(B) Pro bono representation.--The Coordinator 
                shall submit to the complainant a list of persons 
                (updated not less often than quarterly) who have 
                indicated their availability to represent crime victims 
                on a pro bono basis.
                    ``(C) Contact information of counsel.--In the case 
                that a complainant is represented by legal counsel in a 
                hearing convened under this section, the contact 
                information of such attorney shall be included on the 
                complaint.
                    ``(D) Notice of withdrawal.--In the case that legal 
                counsel for a complainant withdraws from such 
                representation, the attorney shall provide notice to 
                the Coordinator.
            ``(3) Right to present evidence.--The complainant shall 
        have the right to present evidence and witnesses at any hearing 
        under this section.
    ``(h) Rights of Attorney for the Government.--Any attorney for the 
Government against whom a complaint has been submitted to the Office of 
Crime Victims' Rights is entitled to--
            ``(1) receive notice of a complaint against the attorney 
        not later than 10 days after such complaint is received by the 
        Office of Crime Victims' Rights;
            ``(2) a reasonable time to answer in writing and to furnish 
        affidavits and other documentary evidence in support of the 
        answer;
            ``(3) be represented by legal counsel;
            ``(4) be present at any hearing under this section;
            ``(5) present evidence and witnesses in their defense;
            ``(6) a copy of any final order imposing disciplinary 
        action not later than the date on which the order is issued;
            ``(7) end the complaint process by voluntarily forfeiting 
        the attorney's bar license in each jurisdiction in which the 
        attorney is licensed; and
            ``(8) reasonable and timely access to access records of the 
        Department of Justice related to the complaint.
    ``(i) Report to Congress.--Not later than 1 year after the date of 
enactment of this section, and each year thereafter, the Attorney 
General, acting through the Chief Counsel of the Office of Professional 
Responsibility of the Department of Justice, shall submit to Congress a 
report that includes--
            ``(1) the number of complaints filed with the Office of 
        Crime Victims' Rights;
            ``(2) the number of complaints that are investigated;
            ``(3) the number of complaints that were referred to a 
        State bar association;
            ``(4) a list of Federal districts in which misconduct was 
        alleged to have occurred and the number of complaints from each 
        such district;
            ``(5) a list of attorneys against whom more than 5 
        complaints have been submitted to the Office of Crime Victims' 
        Rights; and
            ``(6) a list of each alleged violation under section 3771 
        and information on how frequently each such violation was 
        reported.''.
    (b) Clerical Amendment.--The table of sections for chapter 237 of 
title 18, United States Code, is amended by adding at the end the 
following:

``3772. Office of Crime Victims' Rights.''.
                                 <all>
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