II

106TH CONGRESS

1ST SESSION S. 934

To enhance rights and protections for victims of crime.

IN THE SENATE OF THE UNITED STATES

APRIL 30, 1999

Mr. LEAHY (for himself, Mr. KENNEDY, Mr. SARBANES, Mr. KERRY, Mr.

HARKIN, and Mrs. MURRAY) introduced the following bill; which was read

twice and referred to the Committee on the Judiciary

A BILL

To enhance rights and protections for 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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Crime Victims Assistance Act’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

TITLE I—VICTIM RIGHTS

Subtitle A—Amendments to Title 18, United States Code

Sec. 101. Right to be notified of detention hearing and right to be heard on

the issue of detention.
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Sec. 102. Right to a speedy trial and prompt disposition free from unreasonable

delay.

Sec. 103. Enhanced right to order of restitution.

Sec. 104. Enhanced right to be notified of escape or release from prison.

Sec. 105. Enhanced penalties for witness tampering.

Subtitle B—Amendments to Federal Rules of Criminal Procedure

Sec. 121. Right to be notified of plea agreement and to be heard on merits of

the plea agreement.

Sec. 122. Enhanced rights of notification and allocution at sentencing.

Sec. 123. Rights of notification and allocution at a probation revocation hearing.

Subtitle C—Amendment to Federal Rules of Evidence

Sec. 131. Enhanced right to be present at trial.

Subtitle D—Remedies for Noncompliance

Sec. 141. Remedies for noncompliance.

TITLE II—VICTIM ASSISTANCE INITIATIVES

Sec. 201. Increase in victim assistance personnel.

Sec. 202. Increased training for State and local law enforcement, State court

personnel, and officers of the court to respond effectively to the

needs of victims of crime.

Sec. 203. Increased resources for State and local law enforcement agencies,

courts, and prosecutors’ offices to develop state-of-the-art systems for notifying victims of crime of important dates and developments.

Sec. 204. Pilot programs to establish ombudsman programs for crime victims.

Sec. 205. Amendments to Victims of Crime Act of 1984.

Sec. 206. Services for victims of crime and domestic violence.

Sec. 207. Pilot program to study effectiveness of restorative justice approach on

behalf of victims of crime.

Sec. 208. Victims of terrorism.

1 SEC. 2. DEFINITIONS.

2 In this Act—

3 (1) the term ‘‘Attorney General’’ means the At4 torney General of the United States;

5 (2) the term ‘‘bodily injury’’ has the meaning

6 given that term in section 1365(g) of title 18,

7 United States Code;
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1 (3) the term ‘‘Commission’’ means the Commis2 sion on Victims’ Rights established under section

3 204;

4 (4) the term ‘‘Indian tribe’’ has the same mean5 ing as in section 4(e) of the Indian Self-Determina6 tion and Education Assistance Act (25 U.S.C.

7 450b(e));

8 (5) the term ‘‘Judicial Conference’’ means the

9 Judicial Conference of the United States established

10 under section 331 of title 28, United States Code;

11 (6) the term ‘‘law enforcement officer’’ means

12 an individual authorized by law to engage in or su13 pervise the prevention, detection, investigation, or

14 prosecution of any violation of law, and includes cor15 rections, probation, parole, and judicial officers;

16 (7) the term ‘‘Office of Victims of Crime’’

17 means the Office of Victims of Crime of the Depart18 ment of Justice;

19 (8) the term ‘‘State’’ means each of the several

20 States of the United States, the District of Colum21 bia, the Commonwealth of Puerto Rico, the Virgin

22 Islands, Guam, American Samoa, and the Common23 wealth of the Northern Mariana Islands;

24 (9) the term ‘‘unit of local government’’ means

25 any—
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1 (A) city, county, township, town, borough,

2 parish, village, or other general purpose polit3 ical subdivision of a State; or

4 (B) Indian tribe;

5 (10) the term ‘‘victim’’—

6 (A) means an individual harmed as a re7 sult of a commission of an offense; and

8 (B) in the case of a victim who is less than

9 18 years of age, incompetent, incapacitated, or

10 deceased—

11 (i) the legal guardian of the victim;

12 (ii) a representative of the estate of

13 the victim;

14 (iii) a member of the family of the vic15 tim; or

16 (iv) any other person appointed by the

17 court to represent the victim, except that

18 in no event shall a defendant be appointed

19 as the representative or guardian of the

20 victim; and

21 (11) the term ‘‘qualified private entity’’ means

22 a private entity that meets such requirements as the

23 Attorney General may establish.
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1 TITLE I—VICTIM RIGHTS

2 Subtitle A—Amendments to Title

3 18, United States Code

4 SEC. 101. RIGHT TO BE NOTIFIED OF DETENTION HEARING

5 AND RIGHT TO BE HEARD ON THE ISSUE OF

6 DETENTION.

7 Section 3142 of title 18, United States Code, is

8 amended by adding at the end the following:

9 ‘‘(k) NOTIFICATION OF RIGHT TO BE HEARD.—

10 ‘‘(1) IN GENERAL.—In any case involving a de11 fendant who is arrested for an offense involving

12 death or bodily injury to any person, a threat of

13 death or bodily injury to any person, a sexual as14 sault, or an attempted sexual assault, in which a de15 tention hearing is scheduled pursuant to subsection

16 (f)—

17 ‘‘(A) the Government shall make a reason18 able effort to notify the victim of the hearing,

19 and of the right of the victim to be heard on

20 the issue of detention; and

21 ‘‘(B) at the hearing under subsection (f),

22 the court shall inquire of the Government as to

23 whether the efforts at notification of the victim

24 under subparagraph (A) were successful and, if

25 so, whether the victim wishes to be heard on
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1 the issue of detention and, if so, shall afford the

2 victim such an opportunity.

3 ‘‘(2) LIMITATION.—Upon motion of either

4 party that identification of the defendant by the vic5 tim is a fact in dispute, and that no means of

6 verification has been attempted, the Court shall use

7 appropriate measures to protect integrity of the

8 identification process.

9 ‘‘(3) DEFINITION OF VICTIM.—In this sub10 section, the term ‘victim’ means any individual

11 against whom an offense involving death or bodily

12 injury to any person, a threat of death or bodily in13 jury to any person, a sexual assault, or an attempted

14 sexual assault, has been committed and also includes

15 the parent or legal guardian of a victim who is less

16 than 18 years of age, or incompetent, or 1 or more

17 family members designated by the court if the victim

18 is deceased or incapacitated.’’.

19 SEC. 102. RIGHT TO A SPEEDY TRIAL AND PROMPT DIS20 POSITION FREE FROM UNREASONABLE

21 DELAY.

22 Section 3161(h)(8)(B) of title 18, United States

23 Code, is amended by adding at the end the following:

24 ‘‘(v) The interests of the victim (or the family

25 of a victim who is deceased or incapacitated) in the
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1 prompt and appropriate disposition of the case, free

2 from unreasonable delay.’’.

3 SEC. 103. ENHANCED RIGHT TO ORDER OF RESTITUTION.

4 Section 3664(d)(2)(A)(iv) of title 18, United States

5 Code, is amended by inserting ‘‘, and the right of the vic6 tim (or the family of a victim who is deceased or incapaci7 tated) to attend the sentencing hearing and to make a

8 statement to the court at the sentencing hearing’’ before

9 the semicolon.

10 SEC. 104. ENHANCED RIGHT TO BE NOTIFIED OF ESCAPE

11 OR RELEASE FROM PRISON.

12 Section 503(c)(5)(B) of the Victims’ Rights and Res13 titution Act of 1990 (42 U.S.C. 10607(c)(5)(B)) is

14 amended by inserting after ‘‘offender’’ the following: ‘‘, in15 cluding escape, work release, furlough, or any other form

16 of release from a psychiatric institution or other facility

17 that provides mental health services to offenders’’.

18 SEC. 105. ENHANCED PENALTIES FOR WITNESS TAM19 PERING.

20 Section 1512 of title 18, United States Code, is

21 amended—

22 (1) in subsection (a)—

23 (A) in paragraph (1), by striking ‘‘as pro24 vided in paragraph (2)’’ and inserting ‘‘as pro25 vided in paragraph (3)’’;
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1 (B) by redesignating paragraph (2) as

2 paragraph (3);

3 (C) by inserting after paragraph (1) the

4 following:

5 ‘‘(2) Whoever uses physical force or the threat

6 of physical force, or attempts to do so, with intent

7 to—

8 ‘‘(A) influence, delay, or prevent the testi9 mony of any person in an official proceeding;

10 ‘‘(B) cause or induce any person to—

11 ‘‘(i) withhold testimony, or withhold a

12 record, document, or other object, from an

13 official proceeding;

14 ‘‘(ii) alter, destroy, mutilate, or con15 ceal an object with intent to impair the ob16 ject’s integrity or availability for use in an

17 official proceeding;

18 ‘‘(iii) evade legal process summoning

19 that person to appear as a witness, or to

20 produce a record, document, or other ob21 ject, in an official proceeding; and

22 ‘‘(iv) be absent from an official pro23 ceeding to which such person has been

24 summoned by legal process; or
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1 ‘‘(C) hinder, delay, or prevent the commu2 nication to a law enforcement officer or judge

3 of the United States of information relating to

4 the commission or possible commission of a

5 Federal offense or a violation of conditions of

6 probation, parole, or release pending judicial

7 proceedings;

8 shall be punished as provided in paragraph (3).’’;

9 and

10 (D) in paragraph (3)(B), as redesignated,

11 by striking ‘‘in the case of’’ and all that follows

12 before the period and inserting ‘‘an attempt to

13 murder, the use of physical force, the threat of

14 physical force, or an attempt to do so, imprison15 ment for not more than 20 years’’; and

16 (2) in subsection (b), by striking ‘‘or physical

17 force’’.
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1 Subtitle B—Amendments to Fed2 eral Rules of Criminal Proce3 dure

4 SEC. 121. RIGHT TO BE NOTIFIED OF PLEA AGREEMENT

5 AND TO BE HEARD ON MERITS OF THE PLEA

6 AGREEMENT.

7 (a) IN GENERAL.—Rule 11 of the Federal Rules of

8 Criminal Procedure is amended by adding at the end the

9 following:

10 ‘‘(i) RIGHTS OF VICTIMS.—

11 ‘‘(1) IN GENERAL.—In any case involving a de12 fendant who is charged with an offense involving

13 death or bodily injury to any person, a threat of

14 death or bodily injury to any person, a sexual as15 sault, or an attempted sexual assault—

16 ‘‘(A) the Government, prior to a hearing at

17 which a plea of guilty or nolo contendere is en18 tered, shall make a reasonable effort to notify

19 the victim of—

20 ‘‘(i) the date and time of the hearing;

21 and

22 ‘‘(ii) the right of the victim to attend

23 the hearing and to address the court; and

24 ‘‘(B) if the victim attends a hearing de25 scribed in subparagraph (A), the court, before
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1 accepting a plea of guilty or nolo contendere,

2 shall afford the victim an opportunity to be

3 heard on the proposed plea agreement.

4 ‘‘(2) DEFINITION OF VICTIM.—In this sub5 section, the term ‘victim’ means any individual

6 against whom an offense involving death or bodily

7 injury to any person, a threat of death or bodily in8 jury to any person, a sexual assault, or an attempted

9 sexual assault, has been committed and also includes

10 the parent or legal guardian of a victim who is less

11 than 18 years of age, or incompetent, or 1 or more

12 family members designated by the court if the victim

13 is deceased or incapacitated.

14 ‘‘(4) MASS VICTIM CASES.—In any case involv15 ing more than 15 victims, the court, after consulta16 tion with the Government and the victims, may ap17 point a number of victims to serve as representatives

18 of the victims’ interests.’’.

19 (b) EFFECTIVE DATE.—

20 (1) IN GENERAL.—The amendment made by

21 subsection (a) shall become effective as provided in

22 paragraph (3).

23 (2) ACTION BY JUDICIAL CONFERENCE.—

24 (A) RECOMMENDATIONS.—Not later than

25 180 days after the date of enactment of this
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1 Act, the Judicial Conference shall submit to

2 Congress a report containing recommendations

3 for amending the Federal Rules of Criminal

4 Procedure to provide enhanced opportunities for

5 victims of offenses involving death or bodily in6 jury to any person, the threat of death or bodily

7 injury to any person, a sexual assault, or an at8 tempted sexual assault, to be heard on the issue

9 of whether or not the court should accept a plea

10 of guilty or nolo contendere.

11 (B) INAPPLICABILITY OF OTHER LAW.—

12 Chapter 131 of title 28, United States Code,

13 does not apply to any recommendation made by

14 the Judicial Conference under this paragraph.

15 (3) CONGRESSIONAL ACTION.—Except as other16 wise provided by law, if the Judicial Conference—

17 (A) submits a report in accordance with

18 paragraph (2) containing recommendations de19 scribed in that paragraph, and those rec20 ommendations are the same as the amendment

21 made by subsection (a), then the amendment

22 made by subsection (a) shall become effective

23 30 days after the date on which the rec24 ommendations are submitted to Congress under

25 paragraph (2);
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1 (B) submits a report in accordance with

2 paragraph (2) containing recommendations de3 scribed in that paragraph, and those rec4 ommendations are different in any respect from

5 the amendment made by subsection (a), the rec6 ommendations made pursuant to paragraph (2)

7 shall become effective 180 days after the date

8 on which the recommendations are submitted to

9 Congress under paragraph (2), unless an Act of

10 Congress is passed overturning the rec11 ommendations; and

12 (C) fails to comply with paragraph (2), the

13 amendment made by subsection (a) shall be14 come effective 360 days after the date of enact15 ment of this Act.

16 (4) APPLICATION.—Any amendment made pur17 suant to this section (including any amendment

18 made pursuant to the recommendations of the

19 United States Sentencing Commission under para20 graph (2)) shall apply in any proceeding commenced

21 on or after the effective date of the amendment.

22 SEC. 122. ENHANCED RIGHTS OF NOTIFICATION AND ALLO23 CUTION AT SENTENCING.

24 (a) IN GENERAL.—Rule 32 of the Federal Rules of

25 Criminal Procedure is amended—
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1 (1) in subsection (b)—

2 (A) in paragraph (4), by striking subpara3 graph (D) and inserting the following:

4 ‘‘(D) a victim impact statement, identi5 fying, to the maximum extent practicable—

6 ‘‘(i) each victim of the offense (except

7 that such identification shall not include

8 information relating to any telephone num9 ber, place of employment, or residential ad10 dress of any victim);

11 ‘‘(ii) an itemized account of any eco12 nomic loss suffered by each victim as a re13 sult of the offense;

14 ‘‘(iii) any physical injury suffered by

15 each victim as a result of the offense,

16 along with its seriousness and permanence;

17 ‘‘(iv) a description of any change in

18 the personal welfare or familial relation19 ships of each victim as a result of the of20 fense; and

21 ‘‘(v) a description of the impact of the

22 offense upon each victim and the rec23 ommendation of each victim regarding an

24 appropriate sanction for the defendant;’’;

25 and
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1 (B) by adding at the end the following:

2 ‘‘(7) VICTIM IMPACT STATEMENTS.—

3 ‘‘(A) IN GENERAL.—Any probation officer

4 preparing a presentence report shall—

5 ‘‘(i) make a reasonable effort to notify

6 each victim of the offense that such a re7 port is being prepared and the purpose of

8 such report; and

9 ‘‘(ii) provide the victim with an oppor10 tunity to submit an oral or written state11 ment, or a statement on audio or videotape

12 outlining the impact of the offense upon

13 the victim.

14 ‘‘(B) USE OF STATEMENTS.—Any written

15 statement submitted by a victim under subpara16 graph (A) shall be attached to the presentence

17 report and shall be provided to the sentencing

18 court and to the parties.’’;

19 (2) in subsection (c)(1), by adding at the end

20 the following: ‘‘Before sentencing in any case in

21 which a defendant has been charged with or found

22 guilty of an offense involving death or bodily injury

23 to any person, a threat of death or bodily injury to

24 any person, a sexual assault, or an attempted sexual

25 assault, the Government shall make a reasonable ef-
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1 fort to notify the victim (or the family of a victim

2 who is deceased) of the time and place of sentencing

3 and of their right to attend and to be heard.’’; and

4 (3) in subsection (f), by inserting ‘‘the right to

5 notification and to submit a statement under sub6 division (b)(7), the right to notification and to be

7 heard under subdivision (c)(1), and’’ before ‘‘the

8 right of allocution’’.

9 (b) EFFECTIVE DATE.—

10 (1) IN GENERAL.—The amendments made by

11 subsection (a) shall become effective as provided in

12 paragraph (3).

13 (2) ACTION BY JUDICIAL CONFERENCE.—

14 (A) RECOMMENDATIONS.—Not later than

15 180 days after the date of enactment of this

16 Act, the Judicial Conference shall submit to

17 Congress a report containing recommendations

18 for amending the Federal Rules of Criminal

19 Procedure to provide enhanced opportunities for

20 victims of offenses involving death or bodily in21 jury to any person, the threat of death or bodily

22 injury to any person, a sexual assault, or an at23 tempted sexual assault, to participate during

24 the presentencing phase of the criminal process.
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1 (B) INAPPLICABILITY OF OTHER LAW.—

2 Chapter 131 of title 28, United States Code,

3 does not apply to any recommendation made by

4 the Judicial Conference under this paragraph.

5 (3) CONGRESSIONAL ACTION.—Except as other6 wise provided by law, if the Judicial Conference—

7 (A) submits a report in accordance with

8 paragraph (2) containing recommendations de9 scribed in that paragraph, and those rec10 ommendations are the same as the amendments

11 made by subsection (a), then the amendments

12 made by subsection (a) shall become effective

13 30 days after the date on which the rec14 ommendations are submitted to Congress under

15 paragraph (2);

16 (B) submits a report in accordance with

17 paragraph (2) containing recommendations de18 scribed in that paragraph, and those rec19 ommendations are different in any respect from

20 the amendments made by subsection (a), the

21 recommendations made pursuant to paragraph

22 (2) shall become effective 180 days after the

23 date on which the recommendations are sub24 mitted to Congress under paragraph (2), unless
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1 an Act of Congress is passed overturning the

2 recommendations; and

3 (C) fails to comply with paragraph (2), the

4 amendments made by subsection (a) shall be5 come effective 360 days after the date of enact6 ment of this Act.

7 (4) APPLICATION.—Any amendment made pur8 suant to this section (including any amendment

9 made pursuant to the recommendations of the

10 United States Sentencing Commission under para11 graph (2)) shall apply in any proceeding commenced

12 on or after the effective date of the amendment.

13 SEC. 123. RIGHTS OF NOTIFICATION AND ALLOCUTION AT A

14 PROBATION REVOCATION HEARING.

15 (a) IN GENERAL.—Rule 32.1 of the Federal Rules

16 of Criminal Procedure is amended by adding at the end

17 the following:

18 ‘‘(d) RIGHTS OF VICTIMS.—

19 ‘‘(1) IN GENERAL.—At any hearing pursuant to

20 subsection (a)(2) involving one or more persons who

21 have been convicted of an offense involving death or

22 bodily injury to any person, a threat of death or

23 bodily injury to any person, a sexual assault, or an

24 attempted sexual assault, the Government shall

25 make reasonable effort to notify the victim of the of-
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1 fense (and the victim of any new charges giving rise

2 to the hearings), of—

3 ‘‘(A) the date and time of the hearing; and

4 ‘‘(B) the right of the victim to attend the

5 hearing and to address the court regarding

6 whether the terms or conditions of probation or

7 supervised release should be modified.

8 ‘‘(2) DUTIES OF COURT AT HEARING.—At any

9 hearing described in paragraph (1) at which a victim

10 is present, the court shall—

11 ‘‘(A) address each victim personally; and

12 ‘‘(B) afford the victim an opportunity to be

13 heard on the proposed terms or conditions of

14 probation or supervised release.

15 ‘‘(3) DEFINITION OF VICTIM.—In this rule, the

16 term ‘victim’ means any individual against whom an

17 offense involving death or bodily injury to any per18 son, a threat of death or bodily injury to any person,

19 a sexual assault, or an attempted sexual assault, has

20 been committed and a hearing pursuant to sub21 section (a)(2) is conducted, including—

22 ‘‘(A) a parent or legal guardian of the vic23 tim, if the victim is less than 18 years of age

24 or is incompetent; or
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1 ‘‘(B) 1 or more family members or rel2 atives of the victim designated by the court, if

3 the victim is deceased or incapacitated.’’.

4 (b) EFFECTIVE DATE.—

5 (1) IN GENERAL.—The amendment made by

6 subsection (a) shall become effective as provided in

7 paragraph (3).

8 (2) ACTION BY JUDICIAL CONFERENCE.—

9 (A) RECOMMENDATIONS.—Not later than

10 180 days after the date of enactment of this

11 Act, the Judicial Conference shall submit to

12 Congress a report containing recommendations

13 for amending the Federal Rules of Criminal

14 Procedure to ensure that reasonable efforts are

15 made to notify victims of offenses involving

16 death or bodily injury to any person, or the

17 threat of death or bodily injury to any person,

18 of any revocation hearing held pursuant to rule

19 32.1(a)(2) of the Federal Rules of Criminal

20 Procedure.

21 (B) INAPPLICABILITY OF OTHER LAW.—

22 Chapter 131 of title 28, United States Code,

23 does not apply to any recommendation made by

24 the Judicial Conference under this paragraph.
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1 (3) CONGRESSIONAL ACTION.—Except as other2 wise provided by law, if the Judicial Conference—

3 (A) submits a report in accordance with

4 paragraph (2) containing recommendations de5 scribed in that paragraph, and those rec6 ommendations are the same as the amendment

7 made by subsection (a), then the amendment

8 made by subsection (a) shall become effective

9 30 days after the date on which the rec10 ommendations are submitted to Congress under

11 paragraph (2);

12 (B) submits a report in accordance with

13 paragraph (2) containing recommendations de14 scribed in that paragraph, and those rec15 ommendations are different in any respect from

16 the amendment made by subsection (a), the rec17 ommendations made pursuant to paragraph (2)

18 shall become effective 180 days after the date

19 on which the recommendations are submitted to

20 Congress under paragraph (2), unless an Act of

21 Congress is passed overturning the rec22 ommendations; and

23 (C) fails to comply with paragraph (2), the

24 amendment made by subsection (a) shall be-
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1 come effective 360 days after the date of enact2 ment of this Act.

3 (4) APPLICATION.—Any amendment made pur4 suant to this section (including any amendment

5 made pursuant to the recommendations of the

6 United States Sentencing Commission under para7 graph (2)) shall apply in any proceeding commenced

8 on or after the effective date of the amendment.

9 Subtitle C—Amendment to Federal

10 Rules of Evidence

11 SEC. 131. ENHANCED RIGHT TO BE PRESENT AT TRIAL.

12 (a) IN GENERAL.—Rule 615 of the Federal Rules of

13 Evidence is amended—

14 (1) by striking ‘‘At the request’’ and inserting

15 the following:

16 ‘‘(a) IN GENERAL.—Except as provided in subsection

17 (b), at the request’’;

18 (2) by striking ‘‘This rule’’ and inserting the

19 following:

20 ‘‘(b) EXCEPTIONS.—Subsection (a)’’;

21 (3) by striking ‘‘exclusion of (1) a party’’ and

22 inserting the following: ‘‘exclusion of—

23 ‘‘(1) a party’’;

24 (4) by striking ‘‘person, or (2) an officer’’ and

25 inserting the following: ‘‘person;
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1 ‘‘(2) an officer’’;

2 (5) by striking ‘‘attorney, or (3) a person’’ and

3 inserting the following: ‘‘attorney;

4 ‘‘(3) a person’’;

5 (6) by striking the period at the end and insert6 ing ‘‘; or’’; and

7 (7) by adding at the end the following:

8 ‘‘(4) a person who is a victim (or a member of

9 the immediate family of a victim who is deceased or

10 incapacitated) of an offense involving death or bodily

11 injury to any person, a threat of death or bodily in12 jury to any person, a sexual assault, or an attempted

13 sexual assault, for which a defendant is being tried

14 in a criminal trial, unless the court concludes that—

15 ‘‘(A) the testimony of the person will be

16 materially affected by hearing the testimony of

17 other witnesses, and the material effect of hear18 ing the testimony of other witnesses on the tes19 timony of that person will result in unfair prej20 udice to any party; or

21 ‘‘(B) due to the large number of victims or

22 family members of victims who may be called as

23 witnesses, permitting attendance in the court24 room itself when testimony is being heard is not

25 feasible.
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1 ‘‘(c) DISCRETION OF COURT; EFFECT ON OTHER

2 LAW.—Nothing in subsection (b)(4) shall be construed—

3 ‘‘(1) to limit the ability of a court to exclude a

4 witness, if the court determines that such action is

5 necessary to maintain order during a court pro6 ceeding; or

7 ‘‘(2) to limit or otherwise affect the ability of

8 a witness to be present during court proceedings

9 pursuant to section 3510 of title 18, United States

10 Code.’’.

11 (b) EFFECTIVE DATE.—

12 (1) IN GENERAL.—The amendments made by

13 subsection (a) shall become effective as provided in

14 paragraph (3).

15 (2) ACTION BY JUDICIAL CONFERENCE.—

16 (A) RECOMMENDATIONS.—Not later than

17 180 days after the date of enactment of this

18 Act, the Judicial Conference shall submit to

19 Congress a report containing recommendations

20 for amending the Federal Rules of Evidence to

21 provide enhanced opportunities for victims of

22 offenses involving death or bodily injury to any

23 person, or the threat of death or bodily injury

24 to any person, to attend judicial proceedings,
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1 even if they may testify as a witness at the pro2 ceeding.

3 (B) INAPPLICABILITY OF OTHER LAW.—

4 Chapter 131 of title 28, United States Code,

5 does not apply to any recommendation made by

6 the Judicial Conference under this paragraph.

7 (3) CONGRESSIONAL ACTION.—Except as other8 wise provided by law, if the Judicial Conference—

9 (A) submits a report in accordance with

10 paragraph (2) containing recommendations de11 scribed in that paragraph, and those rec12 ommendations are the same as the amendments

13 made by subsection (a), then the amendments

14 made by subsection (a) shall become effective

15 30 days after the date on which the rec16 ommendations are submitted to Congress under

17 paragraph (2);

18 (B) submits a report in accordance with

19 paragraph (2) containing recommendations de20 scribed in that paragraph, and those rec21 ommendations are different in any respect from

22 the amendments made by subsection (a), the

23 recommendations made pursuant to paragraph

24 (2) shall become effective 180 days after the

25 date on which the recommendations are sub-
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1 mitted to Congress under paragraph (2), unless

2 an Act of Congress is passed overturning the

3 recommendations; and

4 (C) fails to comply with paragraph (2), the

5 amendments made by subsection (a) shall be6 come effective 360 days after the date of enact7 ment of this Act.

8 (4) APPLICATION.—Any amendment made pur9 suant to this section (including any amendment

10 made pursuant to the recommendations of the

11 United States Sentencing Commission under para12 graph (2)) shall apply in any proceeding commenced

13 on or after the effective date of the amendment.

14 Subtitle D—Remedies for

15 Noncompliance

16 SEC. 141. REMEDIES FOR NONCOMPLIANCE.

17 (a) GENERAL LIMITATION.—Any failure to comply

18 with any amendment made by this Act shall not give rise

19 to a claim for damages, or any other action against the

20 United States, or any employee of the United States, any

21 court official or officer of the court, or an entity con22 tracting with the United States, or any action seeking a

23 rehearing or other reconsideration of action taken in con24 nection with a defendant.

25 (b) REGULATIONS TO ENSURE COMPLIANCE.—
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1 (1) IN GENERAL.—Notwithstanding subsection

2 (a), not later than 1 year after the date of enact3 ment of this Act, the Attorney General and the

4 Chairman of the United States Parole Commission

5 shall promulgate regulations to implement and en6 force the amendments made by this title.

7 (2) CONTENTS.—The regulations promulgated

8 under paragraph (1) shall—

9 (A) contain disciplinary sanctions, includ10 ing suspension or termination from employ11 ment, for employees of the Department of Jus12 tice (including employees of the United States

13 Parole Commission) who willfully or repeatedly

14 violate the amendments made by this title, or

15 willfully or repeatedly refuse or fail to comply

16 with provisions of Federal law pertaining to the

17 treatment of victims of crime;

18 (B) include an administrative procedure

19 through which parties can file formal com20 plaints with the Department of Justice alleging

21 violations of the amendments made by this title;

22 (C) provide that a complainant is prohib23 ited from recovering monetary damages against

24 the United States, or any employee of the
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1 United States, either in his official or personal

2 capacity; and

3 (D) provide that the Attorney General, or

4 the designee of the Attorney General, shall the

5 ultimate arbiter of the complaint, and there

6 shall be no judicial review of the final decision

7 of the Attorney General by a complainant.

8 TITLE II—VICTIM ASSISTANCE

9 INITIATIVES

10 SEC. 201. INCREASE IN VICTIM ASSISTANCE PERSONNEL.

11 There are authorized to be appropriated such sums

12 as may be necessary to enable the Attorney General to—

13 (1) hire 50 full-time or full-time equivalent em14 ployees to serve victim-witness advocates to provide

15 assistance to victims of any criminal offense inves16 tigated by any department or agency of the Federal

17 Government; and

18 (2) provide grants through the Office of Victims

19 of Crime to qualified private entities to fund 50 vic20 tim-witness advocate positions within those organiza21 tions.
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1 SEC. 202. INCREASED TRAINING FOR STATE AND LOCAL

2 LAW ENFORCEMENT, STATE COURT PER3 SONNEL, AND OFFICERS OF THE COURT TO

4 RESPOND EFFECTIVELY TO THE NEEDS OF

5 VICTIMS OF CRIME.

6 Notwithstanding any other provision of law, amounts

7 collected pursuant to sections 3729 through 3731 of title

8 31, United States Code (commonly known as the ‘‘False

9 Claims Act’’), may be used by the Office of Victims of

10 Crime to make grants to States, units of local government,

11 and qualified private entities, to provide training and in12 formation to prosecutors, judges, law enforcement officers,

13 probation officers, and other officers and employees of

14 Federal and State courts to assist them in responding ef15 fectively to the needs of victims of crime.

16 SEC. 203. INCREASED RESOURCES FOR STATE AND LOCAL

17 LAW ENFORCEMENT AGENCIES, COURTS,

18 AND PROSECUTORS’ OFFICES TO DEVELOP

19 STATE-OF-THE-ART SYSTEMS FOR NOTIFYING

20 VICTIMS OF CRIME OF IMPORTANT DATES

21 AND DEVELOPMENTS.

22 (a) IN GENERAL.—Subtitle A of title XXIII of the

23 Violent Crime Control and Law Enforcement Act of 1994

24 (Public Law 103–322; 108 Stat. 2077) is amended by

25 adding at the end the following:
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1 ‘‘SEC. 230103. STATE-OF-THE-ART SYSTEMS FOR NOTIFYING

2 VICTIMS OF CRIME OF IMPORTANT DATES

3 AND DEVELOPMENTS.

4 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There

5 are authorized to be appropriated to the Office of Victims

6 of Crime of the Department of Justice such sums as may

7 be necessary for grants to State and local prosecutors’ of8 fices, State courts, county jails, State correctional institu9 tions, and qualified private entities, to develop and imple10 ment state-of-the-art systems for notifying victims of

11 crime of important dates and developments relating to the

12 criminal proceedings at issue.

13 ‘‘(b) FALSE CLAIMS ACT.—Notwithstanding any

14 other provision of law, amounts collected pursuant to sec15 tions 3729 through 3731 of title 31, United States Code

16 (commonly known as the ‘False Claims Act’), may be used

17 for grants under this section.’’.

18 (b) VIOLENT CRIME REDUCTION TRUST FUND.—

19 Section 310004(d) of the Violent Crime Control and Law

20 Enforcement Act of 1994 (42 U.S.C. 14214(d)) is

21 amended—

22 (1) in the first paragraph designated as para23 graph (15) (relating to the definition of the term

24 ‘‘Federal law enforcement program’’), by striking

25 ‘‘and’’ at the end;
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1 (2) in the first paragraph designated as para2 graph (16) (relating to the definition of the term

3 ‘‘Federal law enforcement program’’), by striking

4 the period at the end and inserting ‘‘; and’’; and

5 (3) by inserting after the first paragraph des6 ignated as paragraph (16) (relating to the definition

7 of the term ‘‘Federal law enforcement program’’) the

8 following:

9 ‘‘(17) section 230103.’’.

10 SEC. 204. PILOT PROGRAMS TO ESTABLISH OMBUDSMAN

11 PROGRAMS FOR CRIME VICTIMS.

12 (a) DEFINITIONS.—In this section:

13 (1) DIRECTOR.—The term ‘‘Director’’ means

14 the Director of the Office of Victims of Crime.

15 (2) OFFICE.—The term ‘‘Office’’ means the Of16 fice of Victims of Crime.

17 (3) QUALIFIED PRIVATE ENTITY.—The term

18 ‘‘qualified private entity’’ means a private entity

19 that meets such requirements as the Attorney Gen20 eral, acting through the Director, may establish.

21 (4) QUALIFIED UNIT OF STATE OR LOCAL GOV22 ERNMENT.—The term ‘‘qualified unit of State or

23 local government’’ means a unit or a State or local

24 government that meets such requirements as the At-
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1 torney General, acting through the Director, may es2 tablish.

3 (5) VOICE CENTERS.—The term ‘‘VOICE Cen4 ters’’ means the Victim Ombudsman Information

5 Centers established under the program under sub6 section (b).

7 (b) PILOT PROGRAMS.—

8 (1) IN GENERAL.—Not later than 12 months

9 after the date of enactment of this Act, the Attorney

10 General, acting through the Director, shall establish

11 and carry out a program to provide for pilot pro12 grams to establish and operate Victim Ombudsman

13 Information Centers in each of the following States:

14 (A) Iowa.

15 (B) Massachusetts.

16 (C) Ohio.

17 (D) Tennessee.

18 (E) Utah.

19 (F) Vermont.

20 (2) AGREEMENTS.—

21 (A) IN GENERAL.—The Attorney General,

22 acting through the Director, shall enter into an

23 agreement with a qualified private entity or

24 unit of State or local government to conduct a

25 pilot program referred to in paragraph (1).
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1 Under the agreement, the Attorney General,

2 acting through the Director, shall provide for a

3 grant to assist the qualified private entity or

4 unit of State or local government in carrying

5 out the pilot program.

6 (B) CONTENTS OF AGREEMENT.—The

7 agreement referred to in subparagraph (A)

8 shall specify that—

9 (i) the VOICE Center shall be estab10 lished in accordance with this section; and

11 (ii) except with respect to meeting ap12 plicable requirements of this section con13 cerning carrying out the duties of a

14 VOICE Center under this section (includ15 ing the applicable reporting duties under

16 subsection (c) and the terms of the agree17 ment) each VOICE Center shall operate

18 independently of the Office; and

19 (C) NO AUTHORITY OVER DAILY OPER20 ATIONS.—The Office shall have no supervisory

21 or decisionmaking authority over the day-to-day

22 operations of a VOICE Center.

23 (c) OBJECTIVES.—

24 (1) MISSION.—The mission of each VOICE

25 Center established under a pilot program under this
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1 section shall be to assist a victim of a Federal or

2 State crime to ensure that the victim—

3 (A) is fully apprised of the rights of that

4 victim under applicable Federal or State law;

5 and

6 (B) participates in the criminal justice

7 process to the fullest extent of the law.

8 (2) DUTIES.—The duties of a VOICE Center

9 shall include—

10 (A) providing information to victims of

11 Federal or State crime regarding the right of

12 those victims to participate in the criminal jus13 tice process (including information concerning

14 any right that exists under applicable Federal

15 or State law);

16 (B) identifying and responding to situa17 tions in which the rights of victims of crime

18 under applicable Federal or State law may have

19 been violated;

20 (C) attempting to facilitate compliance

21 with Federal or State law referred to in sub22 paragraph (B);

23 (D) educating police, prosecutors, Federal

24 and State judges, officers of the court, and em25 ployees of jails and prisons concerning the
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1 rights of victims under applicable Federal or

2 State law; and

3 (E) taking measures that are necessary to

4 ensure that victims of crime are treated with

5 fairness, dignity, and compassion throughout

6 the criminal justice process.

7 (d) OVERSIGHT.—

8 (1) TECHNICAL ASSISTANCE.—The Office may

9 provide technical assistance to each VOICE Center.

10 (2) ANNUAL REPORT.—Each qualified private

11 entity or qualified unit of State or local government

12 that carries out a pilot program to establish and op13 erate a VOICE Center under this section shall pre14 pare and submit to the Director, not later than 1

15 year after the VOICE Center is established, and an16 nually thereafter, a report that—

17 (A) describes in detail the activities of the

18 VOICE Center during the preceding year; and

19 (B) outlines a strategic plan for the year

20 following the year covered under subparagraph

21 (A).

22 (e) REVIEW OF PROGRAM EFFECTIVENESS.—

23 (1) GAO STUDY.—Not later than 2 years after

24 the date on which each VOICE Center established

25 under a pilot program under this section is fully
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1 operational, the Comptroller General of the United

2 States shall conduct a review of each pilot program

3 carried out under this section to determine the effec4 tiveness of the VOICE Center that is the subject of

5 the pilot program in carrying out the mission and

6 duties described in subsection (c).

7 (2) OTHER STUDIES.—Not later than 2 years

8 after the date on which each VOICE Center estab9 lished under a pilot program under this section is

10 fully operational, the Attorney General, acting

11 through the Director, shall enter into an agreement

12 with 1 or more private entities that meet such re13 quirements the Attorney General, acting through the

14 Director, may establish, to study the effectiveness of

15 each VOICE Center established by a pilot program

16 under this section in carrying out the mission and

17 duties described in subsection (c).

18 (f) TERMINATION DATE.—

19 (1) IN GENERAL.—Except as provided in para20 graph (2), a pilot program established under this

21 section shall terminate on the date that is 4 years

22 after the date of enactment of this Act.

23 (2) RENEWAL.—If the Attorney General deter24 mines that any of the pilot programs established

25 under this section should be renewed for an addi-
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1 tional period, the Attorney General may renew that

2 pilot program for a period not to exceed 2 years.

3 (g) FUNDING.—Notwithstanding any other provision

4 of law, an aggregate amount not to exceed $5,000,000 of

5 the amounts collected pursuant to sections 3729 through

6 3731 of title 31, United States Code (commonly known

7 as the ‘‘False Claims Act’’), may be used by the Director

8 to make grants under subsection (b).

9 SEC. 205. AMENDMENTS TO VICTIMS OF CRIME ACT OF

10 1984.

11 (a) CRIME VICTIMS FUND.—Section 1402 of the Vic12 tims of Crime Act of 1984 (42 U.S.C. 10601) is

13 amended—

14 (1) in subsection (b)—

15 (A) in paragraph (3), by striking ‘‘and’’ at

16 the end;

17 (B) in paragraph (4), by striking the pe18 riod at the end and inserting ‘‘; and’’; and

19 (C) by adding at the end the following:

20 ‘‘(5) any gifts, bequests, and donations from

21 private entities or individuals.’’; and

22 (2) in subsection (d)—

23 (A) by striking paragraph (1) and insert24 ing the following:
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1 ‘‘(1) All unobligated balances transferred to the

2 judicial branch for administrative costs to carry out

3 functions under sections 3611 and 3612 of title 18,

4 United States Code, shall be returned to the Crime

5 Victims Fund and may be used by the Director to

6 improve services for crime victims in the Federal

7 criminal justice system.’’; and

8 (B) in paragraph (4), by adding at the end

9 the following:

10 ‘‘(C) States that receive supplemental funding

11 to respond to incidents of terrorism or mass violence

12 under this section shall be required to return to the

13 Crime Victims Fund for deposit in the reserve fund,

14 amounts subrogated to the State as a result of

15 third-party payments to victims.’’.

16 (b) CRIME VICTIM COMPENSATION.—Section 1403 of

17 the Victims of Crime Act of 1984 (42 U.S.C. 10602) is

18 amended—

19 (1) in subsection (a)—

20 (A) in each of paragraphs (1) and (2), by

21 striking ‘‘40’’ and inserting ‘‘60’’; and

22 (B) in paragraph (3), by inserting ‘‘and

23 evaluation’’ after ‘‘administration’’; and

24 (2) in subsection (b)(7), by inserting ‘‘because

25 the identity of the offender was not determined be-
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1 yond a reasonable doubt in a criminal trial, because

2 criminal charges were not brought against the of3 fender, or’’ after ‘‘deny compensation to any victim’’.

4 (c) CRIME VICTIM ASSISTANCE.—Section 1404 of the

5 Victims of Crime Act of 1984 (42 U.S.C. 10603) is

6 amended—

7 (1) in subsection (c)—

8 (A) in paragraph (1)—

9 (i) by striking the comma after ‘‘Di10 rector’’;

11 (ii) by inserting ‘‘or enter into cooper12 ative agreements’’ after ‘‘make grants’’;

13 (iii) by striking subparagraph (A) and

14 inserting the following:

15 ‘‘(A) for demonstration projects, evalua16 tion, training, and technical assistance services

17 to eligible organizations;’’;

18 (iv) in subparagraph (B), by striking

19 the period at the end and inserting

20 ‘‘; and’’; and

21 (v) by adding at the end the following:

22 ‘‘(C) training and technical assistance that

23 address the significance of and effective delivery

24 strategies for providing long-term psychological

25 care.’’; and
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1 (B) in paragraph (3)—

2 (i) in subparagraph (C), by striking

3 ‘‘and’’ at the end;

4 (ii) in subparagraph (D), by striking

5 the period at the end and inserting

6 ‘‘; and’’; and

7 (iii) by adding at the end the fol8 lowing:

9 ‘‘(E) use funds made available to the Di10 rector under this subsection—

11 ‘‘(i) for fellowships and clinical intern12 ships; and

13 ‘‘(ii) to carry out programs of training

14 and special workshops for the presentation

15 and dissemination of information resulting

16 from demonstrations, surveys, and special

17 projects.’’; and

18 (2) in subsection (d)—

19 (A) by striking paragraph (1) and insert20 ing the following:

21 ‘‘(1) the term ‘State’ includes—

22 ‘‘(A) the District of Columbia, the Com23 monwealth of Puerto Rico, the United States

24 Virgin Islands, and any other territory or pos25 session of the United States; and
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1 ‘‘(B) for purposes of a subgrant under

2 subsection (a)(1) or a grant or cooperative

3 agreement under subsection (c)(1), the United

4 States Virgin Islands and any agency of the

5 government of the District of Columbia or the

6 Federal Government performing law enforce7 ment functions in and on behalf of the District

8 of Columbia.’’;

9 (B) in paragraph (2)—

10 (i) in subparagraph (C), by striking

11 ‘‘and’’ at the end; and

12 (ii) by adding at the end the fol13 lowing:

14 ‘‘(E) public awareness and education and

15 crime prevention activities that promote, and

16 are conducted in conjunction with, the provision

17 of victim assistance; and

18 ‘‘(F) for purposes of an award under sub19 section (c)(1)(A), preparation, publication, and

20 distribution of informational materials and re21 sources for victims of crime and crime victims

22 organizations.’’;

23 (C) by striking paragraph (4) and insert24 ing the following:
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1 ‘‘(4) the term ‘crisis intervention services’

2 means counseling and emotional support including

3 mental health counseling, provided as a result of cri4 sis situations for individuals, couples, or family

5 members following and related to the occurrence of

6 crime;’’;

7 (D) in paragraph (5), by striking the pe8 riod at the end and inserting ‘‘; and’’; and

9 (E) by adding at the end the following:

10 ‘‘(6) for purposes of an award under subsection

11 (c)(1), the term ‘eligible organization’ includes

12 any—

13 ‘‘(A) national or State organization with a

14 commitment to developing, implementing, evalu15 ating, or enforcing victims’ rights and the deliv16 ery of services;

17 ‘‘(B) State agency or unit of local govern18 ment;

19 ‘‘(C) tribal organization;

20 ‘‘(D) organization—

21 ‘‘(i) described in section 501(c) of the

22 Internal Revenue Code of 1986; and

23 ‘‘(ii) exempt from taxation under sec24 tion 501(a) of such Code; or
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1 ‘‘(E) other entity that the Director deter2 mines to be appropriate.’’.

3 (d) COMPENSATION AND ASSISTANCE TO VICTIMS OF

4 TERRORISM OF MASS VIOLENCE.—Section 1404B of the

5 Victims of Crime Act of 1984 (42 U.S.C. 10603b) is

6 amended—

7 (1) in subsection (a), by striking ‘‘1404(a)’’ and

8 inserting ‘‘1402(d)(4)(B)’’; and

9 (2) in subsection (b), by striking

10 ‘‘1404(d)(4)(B)’’ and inserting ‘‘1402(d)(4)(B)’’.

11 SEC. 206. SERVICES FOR VICTIMS OF CRIME AND DOMES12 TIC VIOLENCE.

13 Section 504 of the Departments of Commerce, Jus14 tice, and State, the Judiciary, and Related Agencies Ap15 propriations Act, 1996 (110 Stat. 1321–53) may not be

16 construed to prohibit a recipient (as that term is used in

17 that section) from using funds derived from a source other

18 than the Legal Services Corporation to provide related

19 legal assistance (as defined in section 502(b) of Public

20 Law 105–119 (111 Stat. 2511)) to any person with whom

21 an alien (as that term is used in subsection (a)(11) of that

22 section) has a relationship covered by the domestic vio23 lence laws of the State in which the alien resides or in

24 which an incidence of violence occurred.
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1 SEC. 207. PILOT PROGRAM TO STUDY EFFECTIVENESS OF

2 RESTORATIVE JUSTICE APPROACH ON BE3 HALF OF VICTIMS OF CRIME.

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, amounts collected pursuant to sections 3729

6 through 3731 of title 31, United States Code (commonly

7 known as the ‘‘False Claims Act’’), may be used by the

8 Office of Victims of Crime to make grants to States, units

9 of local government, and qualified private entities for the

10 establishment of pilot programs that implement balanced

11 and restorative justice models.

12 (b) DEFINITION OF BALANCED AND RESTORATIVE

13 JUSTICE MODEL.—In this section, the term ‘‘balanced

14 and restorative justice model’’ means an approach to

15 criminal justice that promotes the maximum degree of in16 volvement by a victim, offender, and the community served

17 by a criminal justice system by allowing the criminal jus18 tice system and related criminal justice agencies to im19 prove the capacity of the system and agencies to—

20 (1) protect the community served by the system

21 and agencies; and

22 (2) ensure accountability of the offender and

23 the system.
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1 SEC. 208. VICTIMS OF TERRORISM.

2 (a) IN GENERAL.—Section 1404B of the Victims of

3 Crime Act of 1984 (42 U.S.C. 10603b) is amended to read

4 as follows:

5 ‘‘SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS

6 OF TERRORISM OR MASS VIOLENCE.

7 ‘‘(a) IN GENERAL.—The Director may make grants,

8 as provided in either section 1402(d)(4)(B) or 1404—

9 ‘‘(1) to States, which shall be used for eligible

10 crime victim compensation and assistance programs

11 for the benefit of victims described in subsection (b);

12 and

13 ‘‘(2) to victim service organizations, and public

14 agencies that provide emergency or ongoing assist15 ance to victims of crime, which shall be used to pro16 vide, for the benefit of victims described in sub17 section (b)—

18 ‘‘(A) emergency relief (including compensa19 tion, assistance, and crisis response) and other

20 related victim services; and

21 ‘‘(B) emergency response training and

22 technical assistance.

23 ‘‘(b) VICTIMS DESCRIBED.—Victims described in this

24 subsection are victims of a terrorist act or mass violence,

25 whether occurring within or outside the United States,

26 who are—
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1 ‘‘(1) citizens or employees of the United States;

2 and

3 ‘‘(2) not eligible for compensation under title

4 VIII of the Omnibus Diplomatic Security and

5 Antiterrorism Act of 1986.’’.

6 (b) APPLICABILITY.—The amendment made by this

7 section applies to any terrorist act or mass violence occur8 ring on or after December 20, 1989.

Æ