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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9858 Introduced in House (IH)]

<DOC>

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.

    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 ``Reinforcing Crime Victims' Rights 
Act''.

SEC. 2. CRIME VICTIMS' RIGHTS.

    (a) In General.--Chapter 237 of title 18, United States Code, is 
amended--
            (1) in section 3771--
                    (A) in subsection (a)--
                            (i) by striking ``A crime victim'' and 
                        inserting ``Upon the suspected or alleged 
                        commission of a Federal or District of Columbia 
                        offense, a crime victim'';
                            (ii) in paragraph (5), by striking 
                        ``Government in the case'' and inserting 
                        ``Government, including the right to confer 
                        about any agreement that could resolve the case 
                        or investigation, plea bargain, plea offer or 
                        agreement, pretrial diversion offer or 
                        agreement, or voluntary dismissal is presented 
                        to the court or is otherwise formally 
                        executed'';
                            (iii) by amending paragraph (9) to read as 
                        follows:
            ``(9) The right to be informed in a timely manner of any 
        plea bargain, plea offer or agreement, deferred prosecution 
        agreement, or other agreement that resolves the case or 
        investigation, pretrial diversion agreement, or the referral of 
        a criminal investigation to another Federal, State, Tribal, or 
        local law enforcement entity.''; and
                            (iv) in paragraph (10), by striking 
                        ``contact information for the Office of the 
                        Victims' Rights Ombudsman of the Department of 
                        Justice'' and inserting ``a crime victims' 
                        rights card listing the rights described in 
                        this subsection, contact information for the 
                        Office of the Crime Victims' Rights Ombudsman 
                        of the Department of Justice, and information 
                        about sources of legal assistance (including 
                        pro bono legal assistance) related to the 
                        exercise of these rights, including that the 
                        victim has the right to seek the advice of an 
                        attorney with respect to these rights'';
                    (B) in subsection (b)(1), by inserting after the 
                first sentence the following: ``The court shall also 
                confirm that the Government has complied with its 
                obligation to accord the rights described in subsection 
                (a) and may issue any reasonable orders to cure 
                noncompliance.'';
                    (C) in subsection (c)--
                            (i) by amending paragraph (1) to read as 
                        follows:
            ``(1) Government.--
                    ``(A) In general.--Officers and employees of the 
                Department of Justice and other departments and 
                agencies of the United States engaged in the detection, 
                investigation, or prosecution of crimes shall make 
                their best efforts to see that crime victims are 
                notified of, and accorded, the rights described in 
                subsection (a).
                    ``(B) Request for delay.--
                            ``(i) Circumstances.--If charges pertaining 
                        to the victim have not been publicly filed, and 
                        the Government determines that according one or 
                        more of the rights described in subsection (a) 
                        would threaten the safety of an individual, 
                        interfere with an ongoing investigation or 
                        prosecution, compromise national security, or 
                        result in premature disclosure of material 
                        nonpublic information, the Government may 
                        request leave from the court to delay according 
                        the right for the limited period of time 
                        necessary to avoid the harm or until charges 
                        are publicly filed, whichever comes first.
                            ``(ii) Court procedure.--The court shall 
                        review a submission made by the Government 
                        along with its request, the court may grant 
                        such request if it is supported by clear and 
                        convincing evidence. The Court shall maintain a 
                        record of the Government's request and its 
                        ruling on the matter, which shall be provided 
                        to the victim at the conclusion of the delay.
                            ``(iii) Duration.--An order by a court 
                        granting a request for a delay under this 
                        subparagraph shall be for a period that does 
                        not exceed 90 days, except that the Government 
                        may, for good cause, apply for an extension of 
                        the delay period. The granting of a delay under 
                        this subparagraph shall not constitute grounds 
                        for failing to ultimately accord a right to any 
                        victim.
                    ``(C) Court-ordered remedies.--If a court finds 
                that the Government failed to comply with subparagraph 
                (A), it may order an appropriate remedy under the 
                circumstances, as set forth in subsection (d).
                    ``(D) Pro bono legal representation for victims.--
                To the extent practicable, and consistent with 
                applicable ethical standards and rules of professional 
                conduct, the Government shall provide to the crime 
                victim general information on how to seek available pro 
                bono legal representation for the purpose of asserting 
                the rights under this section.''; and
                            (ii) by amending paragraph (2) to read as 
                        follows:
            ``(2) Advice of attorney.--Officers and employees of the 
        Department of Justice and other departments and agencies of the 
        United States engaged in the detection, investigation, or 
        prosecution of the alleged crime shall inform the crime victim 
        in writing that the crime victim can seek the advice of an 
        attorney with respect to the rights described in subsection 
        (a).''.
                    (D) in subsection (d)--
                            (i) by amending paragraph (1) to read as 
                        follows:
            ``(1) Rights.--
                    ``(A) In general.--The crime victim or the crime 
                victim's lawful representative, and the attorney for 
                the Government may assert the rights described in 
                subsection (a). A person accused of the crime may not 
                obtain any form of relief under this chapter.
                    ``(B) Representation by victim's attorney.--
                            ``(i) In general.--An attorney may enter an 
                        appearance of behalf of a crime victim or crime 
                        victim's lawful representative in the district 
                        court in which a defendant is being or has been 
                        prosecuted for a crime in the same manner as 
                        any other party to the proceedings, or if no 
                        prosecution is underway, in the district court 
                        for the district in which the crime occurred.
                            ``(ii) Requirements of parties.--Each party 
                        to the proceeding shall serve the attorney for 
                        the victim with a copy of each pleading that 
                        relates to the crime victim's rights under 
                        subsection (a).
                            ``(iii) Requirements of the clerk of the 
                        court.--The clerk of the court shall provide to 
                        the attorney a copy of any court order related 
                        to such rights and notify the attorney of any 
                        hearing that may affect such rights.
                            ``(iv) Requirements of the court.--The 
                        court shall--
                                    ``(I) provide the crime victim's 
                                attorney or lawful representative 
                                access to all case records in the 
                                action; and
                                    ``(II) serve the crime victim's 
                                attorney or lawful representative with 
                                any filings that are directly relevant 
                                to or implicate the crime victim's 
                                rights described in subsection (a).'';
                            (ii) in paragraph (2), by inserting after 
                        the period at the end the following: ``The 
                        procedure fashioned by the court under this 
                        paragraph shall have no effect on the duty of 
                        officers and employees of the Government to 
                        make their best efforts to accord crime victims 
                        the rights described in subsection (a).'';
                            (iii) by amending paragraph (3) to read as 
                        follows:
            ``(3) Motion for relief and writ of mandamus.--
                    ``(A) Motion for relief.--The rights described in 
                subsection (a) shall be asserted in the district court 
                in which a defendant is being prosecuted or has been 
                prosecuted for the crime. If no prosecution is underway 
                at the time of the motion for relief, the rights 
                described in subsection (a) shall be asserted in the 
                district court in the district in which the crime is 
                alleged to have occurred. The motion may be filed in an 
                existing criminal case or, if no complaint, 
                information, or indictment has been filed at that time, 
                by a separate rights enforcement action.
                    ``(B) Review of motion for relief.--
                            ``(i) In general.--The district court shall 
                        take up and decide any motion or separate 
                        rights enforcement action asserting a victim's 
                        right forthwith.
                            ``(ii) Additional information.--If the 
                        district court determines that additional 
                        information is relevant to the movant's 
                        assertion of the right, the Government shall 
                        promptly provide all such additional 
                        information to the court and movant. The court 
                        may, for good cause, allow the Government to 
                        provide a substantive summary of such 
                        information instead of providing the 
                        information itself. Upon the Government's 
                        request, the court shall enter an appropriate 
                        protective order governing dissemination and 
                        use of any information or substantive summary 
                        provided under this clause.
                            ``(iii) Written opinion required for denial 
                        of relief.--If the district court denies the 
                        relief sought by the movant, the court shall 
                        enter a written opinion, which clearly states 
                        the reasons for the denial.
                    ``(C) Writ of mandamus.--If the court denies a 
                motion described in subparagraph (A), the movant may 
                petition the court of appeals for a writ of mandamus. 
                The court of appeals may issue the writ on the order of 
                a single judge pursuant to circuit rule or the Federal 
                Rules of Appellate Procedure. The court of appeals 
                shall take up and decide such application forthwith 
                within 72 hours after the petition has been filed, 
                unless the litigants, with notice to the court, have 
                agreed to a longer time period for consideration. In 
                deciding such application, the court of appeals shall 
                determine the merits of the application and, in making 
                such determination, shall apply ordinary standards of 
                appellate review to any procedural or substantive 
                issues. If the court of appeals denies the relief 
                sought, the reasons for the denial shall be clearly 
                stated on the record in a written order or opinion.'';
                            (iv) by amending paragraph (5) to read as 
                        follows:
            ``(5) Re-opening proceedings.--
                    ``(A) In general.--In no case shall a failure to 
                afford a right under this chapter provide grounds for a 
                new trial.
                    ``(B) Victims who received timely notice.--A victim 
                who received timely notice of the relevant proceedings 
                may make a motion or file a separate enforcement action 
                to reopen a plea or sentence only if--
                            ``(i) the victim has asserted the right to 
                        be heard before or during the proceeding at 
                        issue and such right was denied;
                            ``(ii) the victim petitions the court of 
                        appeals for a writ of mandamus in a timely 
                        manner; and
                            ``(iii) in the case of a plea, the accused 
                        has not pleaded guilty to the highest offense 
                        charged, and in the case of a sentencing, the 
                        accused has not been sentenced to the statutory 
                        maximum.
                    ``(C) Victims who did not receive timely notice.--A 
                victim who did not receive timely notice of the 
                relevant proceedings may make a motion or file a 
                separate enforcement action to reopen a plea or 
                sentence, only if--
                            ``(i) the victim makes such a motion or 
                        files such a separate enforcement action in a 
                        timely manner; and
                            ``(ii) in the case of a plea, the accused 
                        has not pleaded guilty to the highest offense 
                        charged, and in the case of a sentencing, the 
                        accused has not been sentenced to the statutory 
                        maximum.'';
                            (v) by redesignating paragraph (6) as 
                        paragraph (9); and
                            (vi) by inserting after paragraph (5) the 
                        following:
            ``(6) Motion to annul deferred prosecution and 
        nonprosecution agreements.--A crime victim may make a motion 
        requesting that the Government seek to annul a deferred 
        prosecution agreement or nonprosecution agreement by filing a 
        motion with the court in writing asserting that they were not 
        accorded the reasonable right to confer in subsection (a)(5). 
        Upon a finding by the court that the victim's right under 
        subsection (a)(5) was violated, the Court shall hold a hearing 
        to evaluate whether the agreement should be annulled.
            ``(7) Remedies.--Upon a finding that a victim's rights 
        under this section have been violated, the court shall order a 
        just and appropriate remedy, which may include reopening a 
        proceeding, to address such violation, except that any such 
        remedy may not violate a defendant's constitutional rights and 
        shall account for the interests of other victims and the 
        public. An order under this paragraph, or under paragraph (5) 
        or (6), shall not be construed to impair prosecutorial 
        discretion under paragraph (9).
            ``(8) Attorneys' fees.--A crime victim who prevails against 
        the United States in an action to enforce a right under this 
        section shall be entitled to an award of reasonable attorneys' 
        fees and expenses, as provided in section 2412 of title 28.'';
                    (E) in subsection (e)--
                            (i) by amending paragraph (1) to read as 
                        follows:
            ``(1) Court of appeals.--The term `court of appeals' 
        means--
                    ``(A) the United States court of appeals for--
                            ``(i) the judicial district in which a 
                        district court has rendered a decision for 
                        which the victim seeks appellate review;
                            ``(ii) if no such decision has been 
                        rendered, the judicial district in which the 
                        defendant is being prosecuted; or
                            ``(iii) if there is no such prosecution, 
                        the judicial district in which the offense was 
                        alleged to have been committed; or
                    ``(B) for a prosecution or offense committed in the 
                District of Columbia, in the Superior Court of the 
                District of Columbia, or the District of Columbia Court 
                of Appeals.'';
                            (ii) by amending subparagraph (2)(A) to 
                        read as follows:
                    ``(A) In general.--The term `crime victim' means a 
                person directly and proximately harmed as a result of a 
                suspected or alleged Federal or District of Columbia 
                offense, or such an offense with respect to which an 
                individual has been charged or convicted.''; and
                            (iii) by adding at the end the following:
            ``(4) Crime victim's lawful representative.--The term 
        `crime victim's lawful representative' means an individual or 
        entity designated or appointed to represent a crime victim or 
        take their place in a court proceeding or other legal 
        proceeding--
                    ``(A) by the crime victim;
                    ``(B) by the parent or legal guardian of the crime 
                victim, in the case of a crime victim who is a minor, 
                incapacitated, or deceased; or
                    ``(C) by the court.
            ``(5) Timely.--The term `timely' means sufficient time for 
        the victim to exercise their rights under this section, and in 
        accordance with any applicable rules of procedure.
            ``(6) Suspected or alleged.--The term `suspected or 
        alleged' means, with respect to an offense, that there is an 
        investigation of an offense, but no charges have been filed.'';
                    (F) in subsection (f)--
                            (i) by amending paragraph (2)(A) to read as 
                        follows:
                    ``(A) designate an administrative authority in the 
                Department of Justice (referred to in this subsection 
                as the `Administrative Authority') under the 
                independent supervision of the Inspector General of the 
                Department of Justice to receive and investigate 
                complaints relating to the provision or violation of 
                the rights of a crime victim;'';
                            (ii) by amending paragraph (2)(B) to read 
                        as follows:
                    ``(B) require a course of training for employees 
                and offices of the Department of Justice engaged in the 
                detection, investigation, or prosecution of crimes that 
                pertains to the treatment of crime victims, 
                incorporates trauma-informed methods and practices, and 
                otherwise assists such employees and offices in 
                responding more effectively to the needs of crime 
                victims;''; and
                            (iii) by adding at the end the following:
            ``(3) Adjudication of complaints.--
                    ``(A) Complaints.--A crime victim or a crime 
                victim's lawful representative may submit to the 
                Administrative Authority a complaint alleging that an 
                attorney for the Government violated the rights of a 
                crime victim under subsection (a), which complaint 
                shall include the following:
                            ``(i) The full name, address, telephone 
                        number, and electronic mail address of the 
                        complainant.
                            ``(ii) The name and title of the individual 
                        who violated the rights of the crime victim.
                            ``(iii) The right of the crime victim that 
                        was allegedly violated.
                            ``(iv) The details of the allegation, 
                        including the name of the court case and the 
                        jurisdiction in which the misconduct occurred, 
                        if applicable.
                            ``(v) Copies of any document that supports 
                        the complainant's allegation.
                            ``(vi) Any other information relevant to 
                        the complaint.
                    ``(B) Period to submit complaints.--A complaint 
                under subparagraph (A) 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 Administrative Authority may extend 
                such filing period for good cause.
                    ``(C) Log of complaints.--The Administrative 
                Authority shall maintain a log of each complaint 
                submitted under subparagraph (A).
                    ``(D) Decisions.--
                            ``(i) In general.--The Administrative 
                        Authority shall issue a decision with respect 
                        to the alleged violation within 180 days of 
                        receiving a complaint under this section.
                            ``(ii) Fines and costs.--Upon a finding by 
                        the Administrative Authority that the rights of 
                        a crime victim were violated, the 
                        Administrative Authority shall have the 
                        discretion to impose fines or reimburse the 
                        victim for costs associated with the violation.
                            ``(iii) Form and notice.--Upon issuing a 
                        finding by the Administrative Authority 
                        resolving a complaint under this section, the 
                        Administrative Authority shall provide the 
                        crime victim with a written copy of the 
                        decision, including any imposed sanctions or 
                        disciplinary measures, and advise the crime 
                        victim of their right to appeal to the 
                        Inspector General of the Department of Justice 
                        under subparagraph (E).
                    ``(E) Appeal to the inspector general.--
                            ``(i) In general.--Not later than 10 
                        business days after the issuance of an order 
                        under subparagraph (D), the complainant or the 
                        attorney for the Government may appeal the 
                        order to the Inspector General of the 
                        Department of Justice.
                            ``(ii) Time for review.--Not later than 30 
                        days after an appeal is filed under this 
                        subparagraph, the Inspector General shall 
                        review the order.
                            ``(iii) Notice to congress.--In the case 
                        that the Inspector General does not uphold the 
                        decision of the Administrative Authority, the 
                        Inspector General shall notify Congress as soon 
                        as practicable, but in no case later than 10 
                        business days after completing review.
                            ``(iv) Failure to review.--If the Inspector 
                        General fails to review an order pursuant to an 
                        appeal filed under this subparagraph, the order 
                        shall be deemed to have been upheld by the 
                        Inspector General on the date that is 45 days 
                        after the appeal is filed.''; and
            (2) by adding at the end the following:
``Sec. 3772. General provisions
    ``(a) Rule Making.--The Attorney General shall issue such rules as 
may be necessary to carry out this chapter.
    ``(b) Reports to Congress.--
            ``(1) In general.--The Attorney General, in consultation 
        with the Inspector General of the Department of Justice, shall 
        submit a report to the appropriate congressional committees on 
        steps taken to improve the efforts of the Department of Justice 
        in according crime victims their rights during the period 
        covered by the report.
            ``(2) Report contents.--The report shall include--
                    ``(A) the number of complaints filed with the 
                Administrative Authority designated under subsection 
                (f);
                    ``(B) the outcome of those complaints (including 
                any disciplinary action);
                    ``(C) information pertaining to individual Federal 
                districts and Federal prosecutors that are the subject 
                of complaints, including--
                            ``(i) the number of complaints filed with 
                        the Administrative Authority that were 
                        subsequently referred to a State bar 
                        association;
                            ``(ii) a list of Federal districts in which 
                        misconduct was alleged to have occurred and the 
                        number of complaints with respect to each such 
                        district; and
                            ``(iii) a list of attorneys against whom 3 
                        or more complaints were submitted to the 
                        Administrative Authority; and
                    ``(D) a list of all cases in which a court or the 
                Administrative Authority determined that there was a 
                failure to accord a crime victim a right under section 
                3771, and the best efforts made by officers and 
                employees of the Department of Justice in each such 
                case.
            ``(3) Annual and biannual reports.--The report described in 
        paragraph (1) shall be submitted--
                    ``(A) not later than 1 year after the date of 
                enactment of this section;
                    ``(B) annually thereafter for a period of 2 years; 
                and
                    ``(C) biannually after the end of the period 
                described in subparagraph (B).
            ``(4) Definition.--In this section, the term `appropriate 
        congressional committees' means the Committee on the Judiciary 
        of the Senate, the Committee on Appropriations of the Senate, 
        the Committee on the Judiciary of the House of Representatives, 
        and the Committee on Appropriations of the House of 
        Representatives.''.
    (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. General provisions.''.
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