I

103D CONGRESS

2D SESSION H. R. 4030

To assist victims of crime.

IN THE HOUSE OF REPRESENTATIVES

MARCH 15, 1994

Mr. SCHUMER introduced the following bill; which was referred jointly to the

Committees on the Judiciary and Energy and Commerce

A BILL

To assist victims of crime.

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 ‘‘Victims of Crime Act

5 of 1994’’.

6 TITLE I—VICTIMS’ RIGHTS

7 SEC. 101. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.

8 Rule 32 of the Federal Rules of Criminal Procedure

9 is amended by—

10 (1) striking ‘‘and’’ following the semicolon in

11 subdivision (a)(1)(B);
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1 (2) striking the period at the end of subdivision

2 (a)(1)(C) and inserting in lieu thereof ‘‘; and’’;

3 (3) inserting after subdivision (a)(1)(C) the

4 following:

5 ‘‘(D) if sentence is to be imposed for a

6 crime of violence or sexual abuse, address the

7 victim personally if the victim is present at the

8 sentencing hearing and determine if the victim

9 wishes to make a statement and to present any

10 information in relation to the sentence.’’;

11 (4) in the second to last sentence of subdivision

12 (a)(1), striking ‘‘equivalent opportunity’’ and insert13 ing in lieu thereof ‘‘opportunity equivalent to that of

14 the defendant’s counsel’’;

15 (5) in the last sentence of subdivision (a)(1) in16 serting ‘‘the victim,’’ before ‘‘or the attorney for the

17 Government.’’; and

18 (6) adding at the end the following:

19 ‘‘(f) DEFINITIONS.—For purposes of this rule—

20 ‘‘(1) ‘victim’ means any individual against

21 whom an offense for which a sentence is to be im22 posed has been committed, but the right of allocu23 tion under subdivision (a)(1)(D) may be exercised

24 instead by—
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1 ‘‘(A) a parent or legal guardian in case the

2 victim is below the age of eighteen years or in3 competent; or

4 ‘‘(B) one or more family members or rel5 atives designated by the court in case the victim

6 is deceased or incapacitated;

7 if such person or persons are present at the sentenc8 ing hearing, regardless of whether the victim is

9 present; and

10 ‘‘(2) ‘crime of violence or sexual abuse’ means

11 a crime that involved the use or attempted or threat12 ened use of physical force against the person or

13 property of another, or a crime under chapter 109A

14 of title 18, United States Code.’’.

15 TITLE II—CRIME VICTIMS’ FUND

16 SEC. 201. ALLOCATION OF FUNDS FOR COSTS AND GRANTS.

17 (a) GENERALLY.—Section 1402(d) of the Victims of

18 Crime Act of 1984 (42 U.S.C. 10601(d)) is amended by—

19 (1) striking paragraph (2) and inserting the fol20 lowing:

21 ‘‘(2) the next $10,000,000 deposited in the

22 Fund shall be available for grants under section

23 1404A.’’;

24 (2) striking paragraph (3) and inserting the fol25 lowing:
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1 ‘‘(3) Of the remaining amount deposited in the

2 Fund in a particular fiscal year—

3 ‘‘(A) 48 percent shall be available for

4 grants under section 1403;

5 ‘‘(B) 48 percent shall be available for

6 grants under section 1404(a); and

7 ‘‘(C) 4 percent shall be available for grants

8 under section 1404(c).’’;

9 (3) strike paragraph (4) and inserting the fol10 lowing:

11 ‘‘(4) The Director may retain any portion of

12 the Fund that was deposited during a fiscal year

13 that is in excess of 110 percent of the total amount

14 deposited in the Fund during the preceding fiscal

15 year as a reserve for use in a year in which the

16 Fund falls below the amount available in the pre17 vious year. Such reserve may not exceed

18 $20,000,000.’’; and

19 (4) striking paragraph (5).

20 (b) CONFORMING CROSS REFERENCE.—Section

21 1402(g)(1) of the Victims of Crime Act of 1984 (42

22 U.S.C. 10601(g)(1) is amended by striking reference to

23 ‘‘(d)(2)(A)(iv)’’ and inserting ‘‘(d)(2)’’.
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1 (c) AMOUNTS AWARDED AND UNSPENT.—Section

2 1402(e) of the Victims of Crime Act of 1984 (42 U.S.C.

3 10601(e)) is amended to read as follows:

4 ‘‘(e) AMOUNTS AWARDED AND UNSPENT.—Any

5 sums awarded as part of a grant under this chapter that

6 remain unspent at the end of a fiscal year in which such

7 grant is made may be expended for the purposes for which

8 such grant is made at any time during the next succeeding

9 2 fiscal years, at the end of which year any remaining

10 unobligated funds shall be returned to the Fund.’’.

11 SEC. 202. RELATIONSHIP OF CRIME VICTIM COMPENSA12 TION TO CERTAIN FEDERAL PROGRAMS.

13 Section 1403 of the Victims of Crime Act of 1984

14 (42 U.S.C. 10602) is amended by adding at the end the

15 following:

16 ‘‘(e) Notwithstanding any other provision of law, if

17 the compensation paid by an eligible crime victim com18 pensation program would cover costs that a Federal pro19 gram, or a federally financed State or local program,

20 would otherwise pay, then—

21 ‘‘(1) such crime victim compensation program

22 shall not pay that compensation; and

23 ‘‘(2) the other program shall make its payments

24 without regard to the existence of the crime victim

25 compensation program.’’.
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1 SEC. 203. ADMINISTRATIVE COSTS FOR CRIME VICTIM COM2 PENSATION.

3 (a) CREATION OF EXCEPTION.—The final sentence

4 of section 1403(a)(1) of the Victims of Crime Act of 1984

5 (42 U.S.C. 10602(a)(1)) is amended by striking ‘‘A

6 grant’’ and inserting ‘‘Except as provided in paragraph

7 (3), a grant’’.

8 (b) REQUIREMENTS OF EXCEPTION.—Section

9 1403(a) of the Victims of Crime Act of 1984 (42 U.S.C.

10 10602(a)) is amended by adding at the end the following

11 new paragraph:

12 ‘‘(3) Not more than 5 percent of a grant made

13 under this section may be used for the administra14 tion of the State crime victim compensation program

15 receiving the grant.’’.

16 SEC. 204. GRANTS FOR DEMONSTRATION PROJECTS.

17 Section 1404(c)(1)(A) of the Victims of Crime Act

18 of 1984 (42 U.S.C. 10603(c)(1)(A)) is amended by insert19 ing ‘‘demonstration projects and’’ before ‘‘training’’.

20 SEC. 205. ADMINISTRATIVE COSTS FOR CRIME VICTIM AS21 SISTANCE.

22 (a) CREATION OF EXCEPTION.—Section 1404(b)(2)

23 of the Victims of Crime Act of 1984 (42 U.S.C.

24 10603(b)(2)) is amended by striking ‘‘An eligible’’ and in25 serting ‘‘Except as provided in paragraph (3), an eligible’’.
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1 (b) REQUIREMENTS OF EXCEPTION.—Section

2 1404(b) of the Victims of Crime Act of 1984 (42 U.S.C.

3 10603(b)) is amended by adding at the end the following

4 new subsection:

5 ‘‘(3) Not more than 5 percent of sums received

6 under subsection (a) may be used for the adminis7 tration of the State crime victim assistance program

8 receiving such sums.’’.

9 SEC. 206. MAINTENANCE OF EFFORT.

10 Section 1407 of the Victims of Crime Act of 1984

11 (42 U.S.C. 10604) is amended by adding at the end the

12 following new subsection:

13 ‘‘(h) Each entity receiving sums made available under

14 this Act for administrative purposes shall certify that such

15 sums will not be used to supplant State or local funds,

16 but will be used to increase the amount of such funds that

17 would, in the absence of Federal funds, be made available

18 for these purposes.’’.

19 SEC. 207. CHANGE OF DUE DATE FOR REQUIRED REPORT.

20 Section 1407(g) of the Victims of Crime Act of 1984

21 (42 U.S.C. 10604(g)) is amended by striking ‘‘and on De22 cember 31 every two years thereafter’’, and inserting ‘‘and

23 on June 30 every two years thereafter.’’.
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1 TITLE III—REPORT ON

2 BATTERED WOMEN’S SYNDROME

3 SEC. 301. REPORT ON BATTERED WOMEN’S SYNDROME.

4 (a) REPORT.—Not less than 1 year after the date of

5 enactment of this Act, the Attorney General and the Sec6 retary of Health and Human Services shall transmit to

7 the House Committee on Energy and Commerce, the Sen8 ate Committee on Labor and Human Resources, and the

9 Committees on the Judiciary of the Senate and the House

10 of Representatives a report on the medical and psycho11 logical basis of ‘‘battered women’s syndrome’’ and on the

12 extent to which evidence of the syndrome has been consid13 ered in a criminal trial.

14 (b) COMPONENTS OF THE REPORT.—The report de15 scribed in subsection (a) shall include—

16 (1) medical and psychological testimony on the

17 validity of battered women’s syndrome as a psycho18 logical condition;

19 (2) a compilation of State and Federal court

20 cases in which evidence of battered women’s syn21 drome was offered in criminal trials; and

22 (3) an assessment by State and Federal judges,

23 prosecutors, and defense attorneys of the effects that

24 evidence of battered women’s syndrome may have in

25 criminal trials.
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