I 

118TH CONGRESS 

2D SESSION H. R. 9858 

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

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 25, 2024 

Ms. WASSERMAN SCHULTZ (for herself, Mr. OWENS, Ms. LOIS FRANKEL of 

Florida, and Mr. COSTA) introduced the following bill; which was referred 

to the Committee on the Judiciary 

A BILL 

To strengthen 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 ‘‘Reinforcing Crime Vic5 tims’ Rights Act’’. 

6 SEC. 2. CRIME VICTIMS’ RIGHTS. 

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

8 States Code, is amended— 

9 (1) in section 3771— 

10 (A) in subsection (a)— 


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1 (i) by striking ‘‘A crime victim’’ and 

2 inserting ‘‘Upon the suspected or alleged 

3 commission of a Federal or District of Co4 lumbia offense, a crime victim’’; 

5 (ii) in paragraph (5), by striking 

6 ‘‘Government in the case’’ and inserting 

7 ‘‘Government, including the right to confer 

8 about any agreement that could resolve the 

9 case or investigation, plea bargain, plea 

10 offer or agreement, pretrial diversion offer 

11 or agreement, or voluntary dismissal is 

12 presented to the court or is otherwise for13 mally executed’’; 

14 (iii) by amending paragraph (9) to 

15 read as follows: 

16 ‘‘(9) The right to be informed in a timely man17 ner of any plea bargain, plea offer or agreement, de18 ferred prosecution agreement, or other agreement 

19 that resolves the case or investigation, pretrial diver20 sion agreement, or the referral of a criminal inves21 tigation to another Federal, State, Tribal, or local 

22 law enforcement entity.’’; and 

23 (iv) in paragraph (10), by striking 

24 ‘‘contact information for the Office of the 

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1 partment of Justice’’ and inserting ‘‘a 

2 crime victims’ rights card listing the rights 

3 described in this subsection, contact infor4 mation for the Office of the Crime Victims’ 

5 Rights Ombudsman of the Department of 

6 Justice, and information about sources of 

7 legal assistance (including pro bono legal 

8 assistance) related to the exercise of these 

9 rights, including that the victim has the 

10 right to seek the advice of an attorney with 

11 respect to these rights’’; 

12 (B) in subsection (b)(1), by inserting after 

13 the first sentence the following: ‘‘The court 

14 shall also confirm that the Government has 

15 complied with its obligation to accord the rights 

16 described in subsection (a) and may issue any 

17 reasonable orders to cure noncompliance.’’; 

18 (C) in subsection (c)— 

19 (i) by amending paragraph (1) to read 

20 as follows: 

21 ‘‘(1) GOVERNMENT.— 

22 ‘‘(A) IN GENERAL.—Officers and employ23 ees of the Department of Justice and other de24 partments and agencies of the United States 

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1 ecution of crimes shall make their best efforts 

2 to see that crime victims are notified of, and ac3 corded, the rights described in subsection (a). 

4 ‘‘(B) REQUEST FOR DELAY.— 

5 ‘‘(i) CIRCUMSTANCES.—If charges 

6 pertaining to the victim have not been pub7 licly filed, and the Government determines 

8 that according one or more of the rights 

9 described in subsection (a) would threaten 

10 the safety of an individual, interfere with 

11 an ongoing investigation or prosecution, 

12 compromise national security, or result in 

13 premature disclosure of material nonpublic 

14 information, the Government may request 

15 leave from the court to delay according the 

16 right for the limited period of time nec17 essary to avoid the harm or until charges 

18 are publicly filed, whichever comes first. 

19 ‘‘(ii) COURT PROCEDURE.—The court 

20 shall review a submission made by the 

21 Government along with its request, the 

22 court may grant such request if it is sup23 ported by clear and convincing evidence. 

24 The Court shall maintain a record of the 

25 Government’s request and its ruling on the 


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1 matter, which shall be provided to the vic2 tim at the conclusion of the delay. 

3 ‘‘(iii) DURATION.—An order by a 

4 court granting a request for a delay under 

5 this subparagraph shall be for a period 

6 that does not exceed 90 days, except that 

7 the Government may, for good cause, apply 

8 for an extension of the delay period. The 

9 granting of a delay under this subpara10 graph shall not constitute grounds for fail11 ing to ultimately accord a right to any vic12 tim. 

13 ‘‘(C) COURT-ORDERED REMEDIES.—If a 

14 court finds that the Government failed to com15 ply with subparagraph (A), it may order an ap16 propriate remedy under the circumstances, as 

17 set forth in subsection (d). 

18 ‘‘(D) PRO BONO LEGAL REPRESENTATION

19 FOR VICTIMS.—To the extent practicable, and 

20 consistent with applicable ethical standards and 

21 rules of professional conduct, the Government 

22 shall provide to the crime victim general infor23 mation on how to seek available pro bono legal 

24 representation for the purpose of asserting the 

25 rights under this section.’’; and 


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1 (ii) by amending paragraph (2) to 

2 read as follows: 

3 ‘‘(2) ADVICE OF ATTORNEY.—Officers and em4 ployees of the Department of Justice and other de5 partments and agencies of the United States en6 gaged in the detection, investigation, or prosecution 

7 of the alleged crime shall inform the crime victim in 

8 writing that the crime victim can seek the advice of 

9 an attorney with respect to the rights described in 

10 subsection (a).’’. 

11 (D) in subsection (d)— 

12 (i) by amending paragraph (1) to read 

13 as follows: 

14 ‘‘(1) RIGHTS.— 

15 ‘‘(A) IN GENERAL.—The crime victim or 

16 the crime victim’s lawful representative, and the 

17 attorney for the Government may assert the 

18 rights described in subsection (a). A person ac19 cused of the crime may not obtain any form of 

20 relief under this chapter. 

21 ‘‘(B) REPRESENTATION BY VICTIM’S AT22 TORNEY.— 

23 ‘‘(i) IN GENERAL.—An attorney may 

24 enter an appearance of behalf of a crime 

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1 tive in the district court in which a defend2 ant is being or has been prosecuted for a 

3 crime in the same manner as any other 

4 party to the proceedings, or if no prosecu5 tion is underway, in the district court for 

6 the district in which the crime occurred. 

7 ‘‘(ii) REQUIREMENTS OF PARTIES.— 

8 Each party to the proceeding shall serve 

9 the attorney for the victim with a copy of 

10 each pleading that relates to the crime vic11 tim’s rights under subsection (a). 

12 ‘‘(iii) REQUIREMENTS OF THE CLERK

13 OF THE COURT.—The clerk of the court 

14 shall provide to the attorney a copy of any 

15 court order related to such rights and no16 tify the attorney of any hearing that may 

17 affect such rights. 

18 ‘‘(iv) REQUIREMENTS OF THE

19 COURT.—The court shall— 

20 ‘‘(I) provide the crime victim’s 

21 attorney or lawful representative ac22 cess to all case records in the action; 

23 and 

24 ‘‘(II) serve the crime victim’s at25 torney or lawful representative with 


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1 any filings that are directly relevant 

2 to or implicate the crime victim’s 

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

4 (ii) in paragraph (2), by inserting 

5 after the period at the end the following: 

6 ‘‘The procedure fashioned by the court 

7 under this paragraph shall have no effect 

8 on the duty of officers and employees of 

9 the Government to make their best efforts 

10 to accord crime victims the rights de11 scribed in subsection (a).’’; 

12 (iii) by amending paragraph (3) to 

13 read as follows: 

14 ‘‘(3) MOTION FOR RELIEF AND WRIT OF MAN15 DAMUS.— 

16 ‘‘(A) MOTION FOR RELIEF.—The rights 

17 described in subsection (a) shall be asserted in 

18 the district court in which a defendant is being 

19 prosecuted or has been prosecuted for the 

20 crime. If no prosecution is underway at the 

21 time of the motion for relief, the rights de22 scribed in subsection (a) shall be asserted in the 

23 district court in the district in which the crime 

24 is alleged to have occurred. The motion may be 

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1 plaint, information, or indictment has been filed 

2 at that time, by a separate rights enforcement 

3 action. 

4 ‘‘(B) REVIEW OF MOTION FOR RELIEF.— 

5 ‘‘(i) IN GENERAL.—The district court 

6 shall take up and decide any motion or 

7 separate rights enforcement action assert8 ing a victim’s right forthwith. 

9 ‘‘(ii) ADDITIONAL INFORMATION.—If 

10 the district court determines that addi11 tional information is relevant to the 

12 movant’s assertion of the right, the Gov13 ernment shall promptly provide all such 

14 additional information to the court and 

15 movant. The court may, for good cause, 

16 allow the Government to provide a sub17 stantive summary of such information in18 stead of providing the information itself. 

19 Upon the Government’s request, the court 

20 shall enter an appropriate protective order 

21 governing dissemination and use of any in22 formation or substantive summary pro23 vided under this clause. 

24 ‘‘(iii) WRITTEN OPINION REQUIRED

25 FOR DENIAL OF RELIEF.—If the district 


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1 court denies the relief sought by the mov2 ant, the court shall enter a written opinion, 

3 which clearly states the reasons for the de4 nial. 

5 ‘‘(C) WRIT OF MANDAMUS.—If the court 

6 denies a motion described in subparagraph (A), 

7 the movant may petition the court of appeals 

8 for a writ of mandamus. The court of appeals 

9 may issue the writ on the order of a single 

10 judge pursuant to circuit rule or the Federal 

11 Rules of Appellate Procedure. The court of ap12 peals shall take up and decide such application 

13 forthwith within 72 hours after the petition has 

14 been filed, unless the litigants, with notice to 

15 the court, have agreed to a longer time period 

16 for consideration. In deciding such application, 

17 the court of appeals shall determine the merits 

18 of the application and, in making such deter19 mination, shall apply ordinary standards of ap20 pellate review to any procedural or substantive 

21 issues. If the court of appeals denies the relief 

22 sought, the reasons for the denial shall be clear23 ly stated on the record in a written order or 

24 opinion.’’; 


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1 (iv) by amending paragraph (5) to 

2 read as follows: 

3 ‘‘(5) RE-OPENING PROCEEDINGS.— 

4 ‘‘(A) IN GENERAL.—In no case shall a fail5 ure to afford a right under this chapter provide 

6 grounds for a new trial. 

7 ‘‘(B) VICTIMS WHO RECEIVED TIMELY NO8 TICE.—A victim who received timely notice of 

9 the relevant proceedings may make a motion or 

10 file a separate enforcement action to reopen a 

11 plea or sentence only if— 

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

13 to be heard before or during the pro14 ceeding at issue and such right was denied; 

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

16 appeals for a writ of mandamus in a timely 

17 manner; and 

18 ‘‘(iii) in the case of a plea, the ac19 cused has not pleaded guilty to the highest 

20 offense charged, and in the case of a sen21 tencing, the accused has not been sen22 tenced to the statutory maximum. 

23 ‘‘(C) VICTIMS WHO DID NOT RECEIVE

24 TIMELY NOTICE.—A victim who did not receive 

25 timely notice of the relevant proceedings may 


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1 make a motion or file a separate enforcement 

2 action to reopen a plea or sentence, only if— 

3 ‘‘(i) the victim makes such a motion 

4 or files such a separate enforcement action 

5 in a timely manner; and 

6 ‘‘(ii) in the case of a plea, the accused 

7 has not pleaded guilty to the highest of8 fense charged, and in the case of a sen9 tencing, the accused has not been sen10 tenced to the statutory maximum.’’; 

11 (v) by redesignating paragraph (6) as 

12 paragraph (9); and 

13 (vi) by inserting after paragraph (5) 

14 the following: 

15 ‘‘(6) MOTION TO ANNUL DEFERRED PROSECU16 TION AND NONPROSECUTION AGREEMENTS.—A 

17 crime victim may make a motion requesting that the 

18 Government seek to annul a deferred prosecution 

19 agreement or nonprosecution agreement by filing a 

20 motion with the court in writing asserting that they 

21 were not accorded the reasonable right to confer in 

22 subsection (a)(5). Upon a finding by the court that 

23 the victim’s right under subsection (a)(5) was vio24 lated, the Court shall hold a hearing to evaluate 

25 whether the agreement should be annulled. 


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1 ‘‘(7) REMEDIES.—Upon a finding that a vic2 tim’s rights under this section have been violated, 

3 the court shall order a just and appropriate remedy, 

4 which may include reopening a proceeding, to ad5 dress such violation, except that any such remedy 

6 may not violate a defendant’s constitutional rights 

7 and shall account for the interests of other victims 

8 and the public. An order under this paragraph, or 

9 under paragraph (5) or (6), shall not be construed 

10 to impair prosecutorial discretion under paragraph 

11 (9). 

12 ‘‘(8) ATTORNEYS’ FEES.—A crime victim who 

13 prevails against the United States in an action to 

14 enforce a right under this section shall be entitled to 

15 an award of reasonable attorneys’ fees and expenses, 

16 as provided in section 2412 of title 28.’’; 

17 (E) in subsection (e)— 

18 (i) by amending paragraph (1) to read 

19 as follows: 

20 ‘‘(1) COURT OF APPEALS.—The term ‘court of 

21 appeals’ means— 

22 ‘‘(A) the United States court of appeals 

23 for— 


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1 ‘‘(i) the judicial district in which a 

2 district court has rendered a decision for 

3 which the victim seeks appellate review; 

4 ‘‘(ii) if no such decision has been ren5 dered, the judicial district in which the de6 fendant is being prosecuted; or 

7 ‘‘(iii) if there is no such prosecution, 

8 the judicial district in which the offense 

9 was alleged to have been committed; or 

10 ‘‘(B) for a prosecution or offense com11 mitted in the District of Columbia, in the Supe12 rior Court of the District of Columbia, or the 

13 District of Columbia Court of Appeals.’’; 

14 (ii) by amending subparagraph (2)(A) 

15 to read as follows: 

16 ‘‘(A) IN GENERAL.—The term ‘crime vic17 tim’ means a person directly and proximately 

18 harmed as a result of a suspected or alleged 

19 Federal or District of Columbia offense, or such 

20 an offense with respect to which an individual 

21 has been charged or convicted.’’; and 

22 (iii) by adding at the end the fol23 lowing: 

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1 tive’ means an individual or entity designated or ap2 pointed to represent a crime victim or take their 

3 place in a court proceeding or other legal pro4 ceeding— 

5 ‘‘(A) by the crime victim; 

6 ‘‘(B) by the parent or legal guardian of the 

7 crime victim, in the case of a crime victim who 

8 is a minor, incapacitated, or deceased; or 

9 ‘‘(C) by the court. 

10 ‘‘(5) TIMELY.—The term ‘timely’ means suffi11 cient time for the victim to exercise their rights 

12 under this section, and in accordance with any appli13 cable rules of procedure. 

14 ‘‘(6) SUSPECTED OR ALLEGED.—The term ‘sus15 pected or alleged’ means, with respect to an offense, 

16 that there is an investigation of an offense, but no 

17 charges have been filed.’’; 

18 (F) in subsection (f)— 

19 (i) by amending paragraph (2)(A) to 

20 read as follows: 

21 ‘‘(A) designate an administrative authority 

22 in the Department of Justice (referred to in 

23 this subsection as the ‘Administrative Author24 ity’) under the independent supervision of the 

25 Inspector General of the Department of Justice 


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1 to receive and investigate complaints relating to 

2 the provision or violation of the rights of a 

3 crime victim;’’; 

4 (ii) by amending paragraph (2)(B) to 

5 read as follows: 

6 ‘‘(B) require a course of training for em7 ployees and offices of the Department of Jus8 tice engaged in the detection, investigation, or 

9 prosecution of crimes that pertains to the treat10 ment of crime victims, incorporates trauma-in11 formed methods and practices, and otherwise 

12 assists such employees and offices in responding 

13 more effectively to the needs of crime victims;’’; 

14 and 

15 (iii) by adding at the end the fol16 lowing: 

17 ‘‘(3) ADJUDICATION OF COMPLAINTS.— 

18 ‘‘(A) COMPLAINTS.—A crime victim or a 

19 crime victim’s lawful representative may submit 

20 to the Administrative Authority a complaint al21 leging that an attorney for the Government vio22 lated the rights of a crime victim under sub23 section (a), which complaint shall include the 

24 following: 


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1 ‘‘(i) The full name, address, telephone 

2 number, and electronic mail address of the 

3 complainant. 

4 ‘‘(ii) The name and title of the indi5 vidual who violated the rights of the crime 

6 victim. 

7 ‘‘(iii) The right of the crime victim 

8 that was allegedly violated. 

9 ‘‘(iv) The details of the allegation, in10 cluding the name of the court case and the 

11 jurisdiction in which the misconduct oc12 curred, if applicable. 

13 ‘‘(v) Copies of any document that sup14 ports the complainant’s allegation. 

15 ‘‘(vi) Any other information relevant 

16 to the complaint. 

17 ‘‘(B) PERIOD TO SUBMIT COMPLAINTS.—A 

18 complaint under subparagraph (A) may be sub19 mitted beginning on the date of the violation 

20 and ending on the date that is 180 days after 

21 a final judgment is entered in the underlying 

22 criminal proceeding (including any appeal), ex23 cept that the Administrative Authority may ex24 tend such filing period for good cause. 


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1 ‘‘(C) LOG OF COMPLAINTS.—The Adminis2 trative Authority shall maintain a log of each 

3 complaint submitted under subparagraph (A). 

4 ‘‘(D) DECISIONS.— 

5 ‘‘(i) IN GENERAL.—The Administra6 tive Authority shall issue a decision with 

7 respect to the alleged violation within 180 

8 days of receiving a complaint under this 

9 section. 

10 ‘‘(ii) FINES AND COSTS.—Upon a 

11 finding by the Administrative Authority 

12 that the rights of a crime victim were vio13 lated, the Administrative Authority shall 

14 have the discretion to impose fines or reim15 burse the victim for costs associated with 

16 the violation. 

17 ‘‘(iii) FORM AND NOTICE.—Upon 

18 issuing a finding by the Administrative Au19 thority resolving a complaint under this 

20 section, the Administrative Authority shall 

21 provide the crime victim with a written 

22 copy of the decision, including any imposed 

23 sanctions or disciplinary measures, and ad24 vise the crime victim of their right to ap25 peal to the Inspector General of the DeVerDate Sep 11 2014 19:05 Oct 16, 2024 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H9858.IH H9858

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1 partment of Justice under subparagraph 

2 (E). 

3 ‘‘(E) APPEAL TO THE INSPECTOR GEN4 ERAL.— 

5 ‘‘(i) IN GENERAL.—Not later than 10 

6 business days after the issuance of an 

7 order under subparagraph (D), the com8 plainant or the attorney for the Govern9 ment may appeal the order to the Inspec10 tor General of the Department of Justice. 

11 ‘‘(ii) TIME FOR REVIEW.—Not later 

12 than 30 days after an appeal is filed under 

13 this subparagraph, the Inspector General 

14 shall review the order. 

15 ‘‘(iii) NOTICE TO CONGRESS.—In the 

16 case that the Inspector General does not 

17 uphold the decision of the Administrative 

18 Authority, the Inspector General shall no19 tify Congress as soon as practicable, but in 

20 no case later than 10 business days after 

21 completing review. 

22 ‘‘(iv) FAILURE TO REVIEW.—If the 

23 Inspector General fails to review an order 

24 pursuant to an appeal filed under this sub25 paragraph, the order shall be deemed to 


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1 have been upheld by the Inspector General 

2 on the date that is 45 days after the ap3 peal is filed.’’; and 

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

5 ‘‘§ 3772. General provisions 

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

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

8 chapter. 

9 ‘‘(b) REPORTS TO CONGRESS.— 

10 ‘‘(1) IN GENERAL.—The Attorney General, in 

11 consultation with the Inspector General of the De12 partment of Justice, shall submit a report to the ap13 propriate congressional committees on steps taken to 

14 improve the efforts of the Department of Justice in 

15 according crime victims their rights during the pe16 riod covered by the report. 

17 ‘‘(2) REPORT CONTENTS.—The report shall in18 clude— 

19 ‘‘(A) the number of complaints filed with 

20 the Administrative Authority designated under 

21 subsection (f); 

22 ‘‘(B) the outcome of those complaints (in23 cluding any disciplinary action); 


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1 ‘‘(C) information pertaining to individual 

2 Federal districts and Federal prosecutors that 

3 are the subject of complaints, including— 

4 ‘‘(i) the number of complaints filed 

5 with the Administrative Authority that 

6 were subsequently referred to a State bar 

7 association; 

8 ‘‘(ii) a list of Federal districts in 

9 which misconduct was alleged to have oc10 curred and the number of complaints with 

11 respect to each such district; and 

12 ‘‘(iii) a list of attorneys against whom 

13 3 or more complaints were submitted to 

14 the Administrative Authority; and 

15 ‘‘(D) a list of all cases in which a court or 

16 the Administrative Authority determined that 

17 there was a failure to accord a crime victim a 

18 right under section 3771, and the best efforts 

19 made by officers and employees of the Depart20 ment of Justice in each such case. 

21 ‘‘(3) ANNUAL AND BIANNUAL REPORTS.—The 

22 report described in paragraph (1) shall be sub23 mitted— 

24 ‘‘(A) not later than 1 year after the date 

25 of enactment of this section; 


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1 ‘‘(B) annually thereafter for a period of 2 

2 years; and 

3 ‘‘(C) biannually after the end of the period 

4 described in subparagraph (B). 

5 ‘‘(4) DEFINITION.—In this section, the term 

6 ‘appropriate congressional committees’ means the 

7 Committee on the Judiciary of the Senate, the Com8 mittee on Appropriations of the Senate, the Com9 mittee on the Judiciary of the House of Representa10 tives, and the Committee on Appropriations of the 

11 House of Representatives.’’. 

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

13 for chapter 237 of title 18, United States Code, is amend14 ed by adding at the end the following: 

‘‘3772. General provisions.’’. 

Æ 


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