I

105TH CONGRESS

1ST SESSION S. 1081

To enhance rights and protections for victims of crime.

IN THE SENATE OF THE UNITED STATES

JULY 29, 1997

Mr. LEAHY (for himself and Mr. KENNEDY) introduced the following bill;

which was 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. Technical correction.

Sec. 207. Services for victims of crime and domestic violence.

Sec. 208. Pilot program to study effectiveness of restorative justice approach on

behalf of victims of crime.

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, Unit7 ed 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 politi3 cal 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 ver6 ification has been attempted, the Court shall use ap7 propriate measures to protect integrity of the identi8 fication process.

9 ‘‘(3) ADDRESS.—With respect to any case de10 scribed in paragraph (1), the victim shall notify the

11 appropriate authority of an address to which notifi12 cation under this subsection may be sent.

13 ‘‘(4) DEFINITION OF VICTIM.—In this sub14 section, the term ‘victim’ means any individual

15 against whom an offense involving death or bodily

16 injury to any person, a threat of death or bodily in17 jury to any person, a sexual assault, or an attempted

18 sexual assault, has been committed and also includes

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

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

21 family members designated by the court if the victim

22 is deceased or incapacitated.’’.
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1 SEC. 102. RIGHT TO A SPEEDY TRIAL AND PROMPT DIS2 POSITION FREE FROM UNREASONABLE

3 DELAY.

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

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

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

7 of a victim who is deceased or incapacitated) in the

8 prompt and appropriate disposition of the case, free

9 from unreasonable delay.’’.

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

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

12 Code, is amended by inserting ‘‘, and the right of the vic13 tim (or the family of a victim who is deceased or incapaci14 tated) to attend the sentencing hearing and to make a

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

16 the semicolon.

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

18 OR RELEASE FROM PRISON.

19 Section 503(c)(5)(B) of the Victims’ Rights and Res20 titution Act of 1990 (42 U.S.C. 10607(c)(5)(B)) is

21 amended by inserting after ‘‘offender’’ the following: ‘‘, in22 cluding escape, work release, furlough, or any other form

23 of release from a psychiatric institution or other facility

24 that provides mental health services to offenders’’.
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1 SEC. 105. ENHANCED PENALTIES FOR WITNESS TAMPER2 ING.

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

4 amended—

5 (1) in subsection (a)—

6 (A) in paragraph (1), by striking ‘‘as pro7 vided in paragraph (2)’’ and inserting ‘‘as pro8 vided in paragraph (3)’’;

9 (B) by redesignating paragraph (2) as

10 paragraph (3);

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

12 following:

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

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

15 to—

16 ‘‘(A) influence, delay, or prevent the testi17 mony of any person in an official proceeding;

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

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

20 record, document, or other object, from an

21 official proceeding;

22 ‘‘(ii) alter, destroy, mutilate, or con23 ceal an object with intent to impair the ob24 ject’s integrity or availability for use in an

25 official proceeding;
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1 ‘‘(iii) evade legal process summoning

2 that person to appear as a witness, or to

3 produce a record, document, or other ob4 ject, in an official proceeding; and

5 ‘‘(iv) be absent from an official pro6 ceeding to which such person has been

7 summoned by legal process; or

8 ‘‘(C) hinder, delay, or prevent the commu9 nication to a law enforcement officer or judge

10 of the United States of information relating to

11 the commission or possible commission of a

12 Federal offense or a violation of conditions of

13 probation, parole, or release pending judicial

14 proceedings;

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

16 and

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

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

19 before the period and inserting ‘‘an attempt to

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

21 physical force, or an attempt to do so, imprison22 ment for not more than 20 years’’; and

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

24 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) ADDRESS.—With respect to any case de5 scribed in paragraph (1), the victim shall notify the

6 appropriate authority of an address to which notifi7 cation under this subsection may be sent.

8 ‘‘(3) DEFINITION OF VICTIM.—In this sub9 section, the term ‘victim’ means any individual

10 against whom 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, has been committed and also includes

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

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

16 family members designated by the court if the victim

17 is deceased or incapacitated.

18 ‘‘(4) MASS VICTIM CASES.—In any case involv19 ing more than 15 victims, the court, after consulta20 tion with the Government and the victims, may ap21 point a number of victims to serve as representatives

22 of the victims’ interests.’’.

23 (b) EFFECTIVE DATE.—
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1 (1) IN GENERAL.—The amendment made by

2 subsection (a) shall become effective as provided in

3 paragraph (3).

4 (2) ACTION BY JUDICIAL CONFERENCE.—

5 (A) RECOMMENDATIONS.—Not later than

6 180 days after the date of enactment of this

7 Act, the Judicial Conference shall submit to

8 Congress a report containing recommendations

9 for amending the Federal Rules of Criminal

10 Procedure to provide enhanced opportunities for

11 victims of offenses involving death or bodily in12 jury to any person, the threat of death or bodily

13 injury to any person, a sexual assault, or an at14 tempted sexual assault, to be heard on the issue

15 of whether or not the court should accept a plea

16 of guilty or nolo contendere.

17 (B) INAPPLICABILITY OF OTHER LAW.—

18 Chapter 131 of title 28, United States Code,

19 does not apply to any recommendation made by

20 the Judicial Conference under this paragraph.

21 (3) CONGRESSIONAL ACTION.—Except as other22 wise provided by law, if the Judicial Conference—

23 (A) submits a report in accordance with

24 paragraph (2) containing recommendations de25 scribed in that paragraph, and those rec-
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1 ommendations are the same as the amendment

2 made by subsection (a), then the amendment

3 made by subsection (a) shall become effective

4 30 days after the date on which the rec5 ommendations are submitted to Congress under

6 paragraph (2);

7 (B) submits a report in accordance with

8 paragraph (2) containing recommendations de9 scribed in that paragraph, and those rec10 ommendations are different in any respect from

11 the amendment made by subsection (a), the rec12 ommendations made pursuant to paragraph (2)

13 shall become effective 180 days after the date

14 on which the recommendations are submitted to

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

16 Congress is passed overturning the rec17 ommendations; and

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

19 amendment made by subsection (a) shall be20 come effective 360 days after the date of enact21 ment of this Act.

22 (4) APPLICATION.—Any amendment made pur23 suant to this section (including any amendment

24 made pursuant to the recommendations of the Unit25 ed States Sentencing Commission under paragraph
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1 (2)) shall apply in any proceeding commenced on or

2 after the effective date of the amendment.

3 SEC. 122. ENHANCED RIGHTS OF NOTIFICATION AND ALLO4 CUTION AT SENTENCING.

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

6 Criminal Procedure is amended—

7 (1) in subsection (b)—

8 (A) in paragraph (4), by striking subpara9 graph (D) and inserting the following:

10 ‘‘(D) a victim impact statement, identify11 ing, to the maximum extent practicable—

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

13 that such identification shall not include

14 information relating to any telephone num15 ber, place of employment, or residential ad16 dress of any victim);

17 ‘‘(ii) an itemized account of any eco18 nomic loss suffered by each victim as a re19 sult of the offense;

20 ‘‘(iii) any physical injury suffered by

21 each victim as a result of the offense,

22 along with its seriousness and permanence;

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

24 the personal welfare or familial relation-
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1 ships of each victim as a result of the of2 fense; and

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

4 offense upon each victim and the rec5 ommendation of each victim regarding an

6 appropriate sanction for the defendant;’’;

7 and

8 (B) by adding at the end the following:

9 ‘‘(7) VICTIM IMPACT STATEMENTS.—

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

11 preparing a presentence report shall—

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

13 each victim of the offense that such a re14 port is being prepared and the purpose of

15 such report; and

16 ‘‘(ii) provide the victim with an oppor17 tunity to submit an oral or written state18 ment, or a statement on audio or videotape

19 outlining the impact of the offense upon

20 the victim.

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

22 statement submitted by a victim under subpara23 graph (A) shall be attached to the presentence

24 report and shall be provided to the sentencing

25 court and to the parties.’’;
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1 (2) in subsection (c)(1), by adding at the end

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

3 which a defendant has been charged with or found

4 guilty of an offense involving death or bodily injury

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

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

7 assault, the Government shall make a reasonable ef8 fort to notify the victim (or the family of a victim

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

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

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

12 notification and to submit a statement under sub13 division (b)(7), the right to notification and to be

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

15 right of allocution’’.

16 (b) EFFECTIVE DATE.—

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

18 subsection (a) shall become effective as provided in

19 paragraph (3).

20 (2) ACTION BY JUDICIAL CONFERENCE.—

21 (A) RECOMMENDATIONS.—Not later than

22 180 days after the date of enactment of this

23 Act, the Judicial Conference shall submit to

24 Congress a report containing recommendations

25 for amending the Federal Rules of Criminal
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1 Procedure to provide enhanced opportunities for

2 victims of offenses involving death or bodily in3 jury to any person, the threat of death or bodily

4 injury to any person, a sexual assault, or an at5 tempted sexual assault, to participate during

6 the presentencing phase of the criminal process.

7 (B) INAPPLICABILITY OF OTHER LAW.—

8 Chapter 131 of title 28, United States Code,

9 does not apply to any recommendation made by

10 the Judicial Conference under this paragraph.

11 (3) CONGRESSIONAL ACTION.—Except as other12 wise provided by law, if the Judicial Conference—

13 (A) submits a report in accordance with

14 paragraph (2) containing recommendations de15 scribed in that paragraph, and those rec16 ommendations are the same as the amendments

17 made by subsection (a), then the amendments

18 made by subsection (a) shall become effective

19 30 days after the date on which the rec20 ommendations are submitted to Congress under

21 paragraph (2);

22 (B) submits a report in accordance with

23 paragraph (2) containing recommendations de24 scribed in that paragraph, and those rec25 ommendations are different in any respect from
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1 the amendments made by subsection (a), the

2 recommendations made pursuant to paragraph

3 (2) shall become effective 180 days after the

4 date on which the recommendations are submit5 ted to Congress under paragraph (2), unless an

6 Act of Congress is passed overturning the rec7 ommendations; and

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

9 amendments made by subsection (a) shall be10 come effective 360 days after the date of enact11 ment of this Act.

12 (4) APPLICATION.—Any amendment made pur13 suant to this section (including any amendment

14 made pursuant to the recommendations of the Unit15 ed States Sentencing Commission under paragraph

16 (2)) shall apply in any proceeding commenced on or

17 after the effective date of the amendment.

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

19 PROBATION REVOCATION HEARING.

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

21 of Criminal Procedure is amended by adding at the end

22 the following:

23 ‘‘(d) RIGHTS OF VICTIMS.—

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

25 subsection (a)(2) involving one or more persons who
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1 have been convicted of an offense involving death or

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

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

4 attempted sexual assault, the Government shall

5 make reasonable effort to notify the victim of the of6 fense (and the victim of any new charges giving rise

7 to the hearings), of—

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

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

10 hearing and to address the court regarding

11 whether the terms or conditions of probation or

12 supervised release should be modified.

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

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

15 is present, the court shall—

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

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

18 heard on the proposed terms or conditions of

19 probation or supervised release.

20 ‘‘(3) ADDRESS.—In any case described in para21 graph (1), the victim shall notify the appropriate au22 thority of an address to which notification under this

23 paragraph may be sent.

24 ‘‘(4) DEFINITION OF VICTIM.—In this rule, the

25 term ‘victim’ means any individual against whom an
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1 offense involving death or bodily injury to any per2 son, a threat of death or bodily injury to any person,

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

4 been committed and a hearing pursuant to sub5 section (a)(2) is conducted, including—

6 ‘‘(A) a parent or legal guardian of the vic7 tim, if the victim is less than 18 years of age

8 or is incompetent; or

9 ‘‘(B) 1 or more family members or rel10 atives of the victim designated by the court, if

11 the victim is deceased or incapacitated.’’.

12 (b) EFFECTIVE DATE.—

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

14 subsection (a) shall become effective as provided in

15 paragraph (3).

16 (2) ACTION BY JUDICIAL CONFERENCE.—

17 (A) RECOMMENDATIONS.—Not later than

18 180 days after the date of enactment of this

19 Act, the Judicial Conference shall submit to

20 Congress a report containing recommendations

21 for amending the Federal Rules of Criminal

22 Procedure to ensure that reasonable efforts are

23 made to notify victims of offenses involving

24 death or bodily injury to any person, or the

25 threat of death or bodily injury to any person,
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1 of any revocation hearing held pursuant to rule

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

3 Procedure.

4 (B) INAPPLICABILITY OF OTHER LAW.—

5 Chapter 131 of title 28, United States Code,

6 does not apply to any recommendation made by

7 the Judicial Conference under this paragraph.

8 (3) CONGRESSIONAL ACTION.—Except as other9 wise provided by law, if the Judicial Conference—

10 (A) submits a report in accordance with

11 paragraph (2) containing recommendations de12 scribed in that paragraph, and those rec13 ommendations are the same as the amendment

14 made by subsection (a), then the amendment

15 made by subsection (a) shall become effective

16 30 days after the date on which the rec17 ommendations are submitted to Congress under

18 paragraph (2);

19 (B) submits a report in accordance with

20 paragraph (2) containing recommendations de21 scribed in that paragraph, and those rec22 ommendations are different in any respect from

23 the amendment made by subsection (a), the rec24 ommendations made pursuant to paragraph (2)

25 shall become effective 180 days after the date
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1 on which the recommendations are submitted to

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

3 Congress is passed overturning the rec4 ommendations; and

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

6 amendment made by subsection (a) shall be7 come effective 360 days after the date of enact8 ment of this Act.

9 (4) APPLICATION.—Any amendment made pur10 suant to this section (including any amendment

11 made pursuant to the recommendations of the Unit12 ed States Sentencing Commission under paragraph

13 (2)) shall apply in any proceeding commenced on or

14 after the effective date of the amendment.

15 Subtitle C—Amendment to Federal

16 Rules of Evidence

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

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

19 Evidence is amended—

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

21 the following:

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

23 (b), at the request’’;

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

25 following:
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1 ‘‘(b) EXCEPTIONS.—Subsection (a)’’;

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

3 inserting the following: ‘‘exclusion of—

4 ‘‘(1) a party’’;

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

6 inserting the following: ‘‘person;

7 ‘‘(2) an officer’’;

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

9 inserting the following: ‘‘attorney;

10 ‘‘(3) a person’’;

11 (6) by striking the period at the end and insert12 ing ‘‘; or’’; and

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

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

15 the immediate family of a victim who is deceased or

16 incapacitated) of an offense involving death or bodily

17 injury to any person, a threat of death or bodily in18 jury to any person, a sexual assault, or an attempted

19 sexual assault, for which a defendant is being tried

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

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

22 materially affected by hearing the testimony of

23 other witnesses, and the material effect of hear24 ing the testimony of other witnesses on the tes-
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1 timony of that person will result in unfair prej2 udice to any party; or

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

4 family members of victims who may be called as

5 witnesses, permitting attendance in the court6 room itself when testimony is being heard is not

7 feasible.

8 ‘‘(c) DISCRETION OF COURT; EFFECT ON OTHER

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

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

11 witness, if the court determines that such action is

12 necessary to maintain order during a court proceed13 ing; or

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

15 a witness to be present during court proceedings

16 pursuant to section 3510 of title 18, United States

17 Code.’’.

18 (b) EFFECTIVE DATE.—

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

20 subsection (a) shall become effective as provided in

21 paragraph (3).

22 (2) ACTION BY JUDICIAL CONFERENCE.—

23 (A) RECOMMENDATIONS.—Not later than

24 180 days after the date of enactment of this

25 Act, the Judicial Conference shall submit to
25

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1 Congress a report containing recommendations

2 for amending the Federal Rules of Evidence to

3 provide enhanced opportunities for victims of

4 offenses involving death or bodily injury to any

5 person, or the threat of death or bodily injury

6 to any person, to attend judicial proceedings,

7 even if they may testify as a witness at the pro8 ceeding.

9 (B) INAPPLICABILITY OF OTHER LAW.—

10 Chapter 131 of title 28, United States Code,

11 does not apply to any recommendation made by

12 the Judicial Conference under this paragraph.

13 (3) CONGRESSIONAL ACTION.—Except as other14 wise provided by law, if the Judicial Conference—

15 (A) submits a report in accordance with

16 paragraph (2) containing recommendations de17 scribed in that paragraph, and those rec18 ommendations are the same as the amendments

19 made by subsection (a), then the amendments

20 made by subsection (a) shall become effective

21 30 days after the date on which the rec22 ommendations are submitted to Congress under

23 paragraph (2);

24 (B) submits a report in accordance with

25 paragraph (2) containing recommendations de-
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1 scribed in that paragraph, and those rec2 ommendations are different in any respect from

3 the amendments made by subsection (a), the

4 recommendations made pursuant to paragraph

5 (2) shall become effective 180 days after the

6 date on which the recommendations are submit7 ted to Congress under paragraph (2), unless an

8 Act of Congress is passed overturning the rec9 ommendations; and

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

11 amendments made by subsection (a) shall be12 come effective 360 days after the date of enact13 ment of this Act.

14 (4) APPLICATION.—Any amendment made pur15 suant to this section (including any amendment

16 made pursuant to the recommendations of the Unit17 ed States Sentencing Commission under paragraph

18 (2)) shall apply in any proceeding commenced on or

19 after the effective date of the amendment.

20 Subtitle D—Remedies for

21 Noncompliance

22 SEC. 141. REMEDIES FOR NONCOMPLIANCE.

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

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

25 to a claim for damages, or any other action against the
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1 United States, or any employee of the United States, any

2 court official or officer of the court, or an entity contract3 ing with the United States, or any action seeking a rehear4 ing or other reconsideration of action taken in connection

5 with a defendant.

6 (b) REGULATIONS TO ENSURE COMPLIANCE.—

7 (1) IN GENERAL.—Notwithstanding subsection

8 (a), not later than 1 year after the date of enact9 ment of this Act, the Attorney General and the

10 Chairman of the United States Parole Commission

11 shall promulgate regulations to implement and en12 force the amendments made by this title.

13 (2) CONTENTS.—The regulations promulgated

14 under paragraph (1) shall—

15 (A) contain disciplinary sanctions, includ16 ing suspension or termination from employ17 ment, for employees of the Department of Jus18 tice (including employees of the United States

19 Parole Commission) who willfully or repeatedly

20 violate the amendments made by this title, or

21 willfully or repeatedly refuse or fail to comply

22 with provisions of Federal law pertaining to the

23 treatment of victims of crime;

24 (B) include an administrative procedure

25 through which parties can file formal com-
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1 plaints with the Department of Justice alleging

2 violations of the amendments made by this title;

3 (C) provide that a complainant is prohib4 ited from recovering monetary damages against

5 the United States, or any employee of the Unit6 ed States, either in his official or personal ca7 pacity; and

8 (D) provide that the Attorney General, or

9 the designee of the Attorney General, shall the

10 ultimate arbiter of the complaint, and there

11 shall be no judicial review of the final decision

12 of the Attorney General by a complainant.

13 TITLE II—VICTIM ASSISTANCE

14 INITIATIVES

15 SEC. 201. INCREASE IN VICTIM ASSISTANCE PERSONNEL.

16 There are authorized to be appropriated such sums

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

18 (1) hire 50 full-time or full-time equivalent em19 ployees to serve victim-witness advocates to provide

20 assistance to victims of any criminal offense inves21 tigated by any department or agency of the Federal

22 Government; and

23 (2) provide grants through the Office of Victims

24 of Crime to qualified private entities to fund 50 vic-
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1 tim-witness advocate positions within those organiza2 tions.

3 SEC. 202. INCREASED TRAINING FOR STATE AND LOCAL

4 LAW ENFORCEMENT, STATE COURT PERSON5 NEL, AND OFFICERS OF THE COURT TO RE6 SPOND EFFECTIVELY TO THE NEEDS OF VIC7 TIMS OF CRIME.

8 Notwithstanding any other provision of law, amounts

9 collected pursuant to sections 3729 through 3731 of title

10 31, United States Code (commonly known as the ‘‘False

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

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

13 and qualified private entities, to provide training and in14 formation to prosecutors, judges, law enforcement officers,

15 probation officers, and other officers and employees of

16 Federal and State courts to assist them in responding ef17 fectively to the needs of victims of crime.

18 SEC. 203. INCREASED RESOURCES FOR STATE AND LOCAL

19 LAW ENFORCEMENT AGENCIES, COURTS,

20 AND PROSECUTORS’ OFFICES TO DEVELOP

21 STATE-OF-THE-ART SYSTEMS FOR NOTIFYING

22 VICTIMS OF CRIME OF IMPORTANT DATES

23 AND DEVELOPMENTS.

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

25 Violent Crime Control and Law Enforcement Act of 1994
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1 (Public Law 103–322; 108 Stat. 2077) is amended by

2 adding at the end the following:

3 ‘‘SEC. 230103. STATE-OF-THE-ART SYSTEMS FOR NOTIFYING

4 VICTIMS OF CRIME OF IMPORTANT DATES

5 AND DEVELOPMENTS.

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

7 are authorized to be appropriated to the Office of Victims

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

9 be necessary for grants to State and local prosecutors’ of10 fices, State courts, county jails, State correctional institu11 tions, and qualified private entities, to develop and imple12 ment state-of-the-art systems for notifying victims of

13 crime of important dates and developments relating to the

14 criminal proceedings at issue.

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

16 other provision of law, amounts collected pursuant to sec17 tions 3729 through 3731 of title 31, United States Code

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

19 for grants under this section.’’.

20 (b) VIOLENT CRIME REDUCTION TRUST FUND.—

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

22 Enforcement Act of 1994 (42 U.S.C. 14214(d)) is amend23 ed—

24 (1) in the first paragraph designated as para25 graph (15) (relating to the definition of the term
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1 ‘‘Federal law enforcement program’’), by striking

2 ‘‘and’’ at the end;

3 (2) in the first paragraph designated as para4 graph (16) (relating to the definition of the term

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

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

7 (3) by inserting after the first paragraph des8 ignated as paragraph (16) (relating to the definition

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

10 following:

11 ‘‘(17) section 230103.’’.

12 SEC. 204. PILOT PROGRAMS TO ESTABLISH OMBUDSMAN

13 PROGRAMS FOR CRIME VICTIMS.

14 (a) DEFINITIONS.—In this section:

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

16 the Director of the Office of Victims of Crime.

17 (2) OFFICE.—The term ‘‘Office’’ means the Of18 fice of Victims of Crime.

19 (3) QUALIFIED PRIVATE ENTITY.—The term

20 ‘‘qualified private entity’’ means a private entity

21 that meets such requirements as the Attorney Gen22 eral, acting through the Director, may establish.

23 (4) QUALIFIED UNIT OF STATE OR LOCAL GOV24 ERNMENT.—The term ‘‘qualified unit of State or

25 local government’’ means a unit or a State or local
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1 government that meets such requirements as the At2 torney General, acting through the Director, may es3 tablish.

4 (5) VOICE CENTERS.—The term ‘‘VOICE Cen5 ters’’ means the Victim Ombudsman Information

6 Centers established under the program under sub7 section (b).

8 (b) PILOT PROGRAMS.—

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

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

11 General, acting through the Director, shall establish

12 and carry out a program to provide for pilot pro13 grams to establish and operate Victim Ombudsman

14 Information Centers in each of the following States:

15 (A) Iowa.

16 (B) Massachusetts.

17 (C) Ohio.

18 (D) Tennessee.

19 (E) Utah.

20 (F) Vermont.

21 (2) AGREEMENTS.—

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

23 acting through the Director, shall enter into an

24 agreement with a qualified private entity or

25 unit of State or local government to conduct a
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1 pilot program referred to in paragraph (1).

2 Under the agreement, the Attorney General,

3 acting through the Director, shall provide for a

4 grant to assist the qualified private entity or

5 unit of State or local government in carrying

6 out the pilot program.

7 (B) CONTENTS OF AGREEMENT.—The

8 agreement referred to in subparagraph (A)

9 shall specify that—

10 (i) the VOICE Center shall be estab11 lished in accordance with this section; and

12 (ii) except with respect to meeting ap13 plicable requirements of this section con14 cerning carrying out the duties of a

15 VOICE Center under this section (includ16 ing the applicable reporting duties under

17 subsection (c) and the terms of the agree18 ment) each VOICE Center shall operate

19 independently of the Office; and

20 (C) NO AUTHORITY OVER DAILY OPER21 ATIONS.—The Office shall have no supervisory

22 or decisionmaking authority over the day-to-day

23 operations of a VOICE Center.

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

2 Center established under a pilot program under this

3 section shall be to assist a victim of a Federal or

4 State crime to ensure that the victim—

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

6 victim under applicable Federal or State law;

7 and

8 (B) participates in the criminal justice

9 process to the fullest extent of the law.

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

11 shall include—

12 (A) providing information to victims of

13 Federal or State crime regarding the right of

14 those victims to participate in the criminal jus15 tice process (including information concerning

16 any right that exists under applicable Federal

17 or State law);

18 (B) identifying and responding to situa19 tions in which the rights of victims of crime

20 under applicable Federal or State law may have

21 been violated;

22 (C) attempting to facilitate compliance

23 with Federal or State law referred to in sub24 paragraph (B);
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1 (D) educating police, prosecutors, Federal

2 and State judges, officers of the court, and em3 ployees of jails and prisons concerning the

4 rights of victims under applicable Federal or

5 State law; and

6 (E) taking measures that are necessary to

7 ensure that victims of crime are treated with

8 fairness, dignity, and compassion throughout

9 the criminal justice process.

10 (d) OVERSIGHT.—

11 (1) TECHNICAL ASSISTANCE.—The Office may

12 provide technical assistance to each VOICE Center.

13 (2) ANNUAL REPORT.—Each qualified private

14 entity or qualified unit of State or local government

15 that carries out a pilot program to establish and op16 erate a VOICE Center under this section shall pre17 pare and submit to the Director, not later than 1

18 year after the VOICE Center is established, and an19 nually thereafter, a report that—

20 (A) describes in detail the activities of the

21 VOICE Center during the preceding year; and

22 (B) outlines a strategic plan for the year

23 following the year covered under subparagraph

24 (A).

25 (e) REVIEW OF PROGRAM EFFECTIVENESS.—
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1 (1) GAO STUDY.—Not later than 2 years after

2 the date on which each VOICE Center established

3 under a pilot program under this section is fully

4 operational, the Comptroller General of the United

5 States shall conduct a review of each pilot program

6 carried out under this section to determine the effec7 tiveness of the VOICE Center that is the subject of

8 the pilot program in carrying out the mission and

9 duties described in subsection (c).

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

11 after the date on which each VOICE Center estab12 lished under a pilot program under this section is

13 fully operational, the Attorney General, acting

14 through the Director, shall enter into an agreement

15 with 1 or more private entities that meet such re16 quirements the Attorney General, acting through the

17 Director, may establish, to study the effectiveness of

18 each VOICE Center established by a pilot program

19 under this section in carrying out the mission and

20 duties described in subsection (c).

21 (f) TERMINATION DATE.—

22 (1) IN GENERAL.—Except as provided in para23 graph (2), a pilot program established under this

24 section shall terminate on the date that is 4 years

25 after the date of enactment of this Act.
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1 (2) RENEWAL.—If the Attorney General deter2 mines that any of the pilot programs established

3 under this section should be renewed for an addi4 tional period, the Attorney General may renew that

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

6 (g) FUNDING.—Notwithstanding any other provision

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

8 the amounts collected pursuant to sections 3729 through

9 3731 of title 31, United States Code (commonly known

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

11 to make grants under subsection (b).

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

13 1984.

14 (a) CRIME VICTIMS FUND.—Section 1402 of the Vic15 tims of Crime Act of 1984 (42 U.S.C. 10601) is amend16 ed—

17 (1) in subsection (b)—

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

19 the end;

20 (B) in paragraph (4), by striking the pe21 riod at the end and inserting ‘‘; and’’; and

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

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

24 private entities or individuals.’’; and

25 (2) in subsection (d)—
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1 (A) by striking paragraph (1) and insert2 ing the following:

3 ‘‘(1) All unobligated balances transferred to the

4 judicial branch for administrative costs to carry out

5 functions under sections 3611 and 3612 of title 18,

6 United States Code, shall be returned to the Crime

7 Victims Fund and may be used by the Director to

8 improve services for crime victims in the Federal

9 criminal justice system.’’; and

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

11 the following:

12 ‘‘(C) States that receive supplemental funding

13 to respond to incidents or terrorism or mass violence

14 under this section shall be required to return to the

15 Crime Victims Fund for deposit in the reserve fund,

16 amounts subrogated to the State as a result of

17 third-party payments to victims.’’.

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

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

20 amended—

21 (1) in subsection (a)—

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

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

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

25 evaluation’’ after ‘‘administration’’; and
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1 (2) in subsection (b)(7), by inserting ‘‘because

2 the identity of the offender was not determined be3 yond a reasonable doubt in a criminal trial, because

4 criminal charges were not brought against the of5 fender, or’’ after ‘‘deny compensation to any victim’’.

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

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

8 amended—

9 (1) in subsection (c)—

10 (A) in paragraph (1)—

11 (i) by striking the comma after ‘‘Di12 rector’’;

13 (ii) by inserting ‘‘or enter into cooper14 ative agreements’’ after ‘‘make grants’’;

15 (iii) by striking subparagraph (A) and

16 inserting the following:

17 ‘‘(A) for demonstration projects, evalua18 tion, training, and technical assistance services

19 to eligible organizations;’’;

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

21 the period at the end and inserting

22 ‘‘; and’’; and

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

24 ‘‘(C) training and technical assistance that

25 address the significance of and effective delivery
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1 strategies for providing long-term psychological

2 care.’’; and

3 (B) in paragraph (3)—

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

5 ‘‘and’’ at the end;

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

7 the period at the end and inserting

8 ‘‘; and’’; and

9 (iii) by adding at the end the follow10 ing:

11 ‘‘(E) use funds made available to the Di12 rector under this subsection—

13 ‘‘(i) for fellowships and clinical intern14 ships; and

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

16 and special workshops for the presentation

17 and dissemination of information resulting

18 from demonstrations, surveys, and special

19 projects.’’; and

20 (2) in subsection (d)—

21 (A) by striking paragraph (1) and insert22 ing the following:

23 ‘‘(1) the term ‘State’ includes—

24 ‘‘(A) the District of Columbia, the Com25 monwealth of Puerto Rico, the United States
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1 Virgin Islands, and any other territory or pos2 session of the United States; and

3 ‘‘(B) for purposes of a subgrant under

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

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

6 States Virgin Islands and any agency of the

7 government of the District of Columbia or the

8 Federal Government performing law enforce9 ment functions in and on behalf of the District

10 of Columbia.’’;

11 (B) in paragraph (2)—

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

13 ‘‘and’’ at the end; and

14 (ii) by adding at the end the follow15 ing:

16 ‘‘(E) public awareness and education and

17 crime prevention activities that promote, and

18 are conducted in conjunction with, the provision

19 of victim assistance; and

20 ‘‘(F) for purposes of an award under sub21 section (c)(1)(A), preparation, publication, and

22 distribution of informational materials and re23 sources for victims of crime and crime victims

24 organizations.’’;
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1 (C) by striking paragraph (4) and insert2 ing the following:

3 ‘‘(4) the term ‘crisis intervention services’

4 means counseling and emotional support including

5 mental health counseling, provided as a result of cri6 sis situations for individuals, couples, or family

7 members following and related to the occurrence of

8 crime;’’;

9 (D) in paragraph (5), by striking the pe10 riod at the end and inserting ‘‘; and’’; and

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

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

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

14 any—

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

16 commitment to developing, implementing, evalu17 ating, or enforcing victims’ rights and the deliv18 ery of services;

19 ‘‘(B) State agency or unit of local govern20 ment;

21 ‘‘(C) tribal organization;

22 ‘‘(D) organization—

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

24 Internal Revenue Code of 1986; and
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1 ‘‘(ii) exempt from taxation under sec2 tion 501(a) of such Code; or

3 ‘‘(E) other entity that the Director deter4 mines to be appropriate.’’.

5 (d) COMPENSATION AND ASSISTANCE TO VICTIMS OF

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

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

8 amended—

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

10 inserting ‘‘1402(d)(4)(B)’’; and

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

12 ‘‘1404(d)(4)(B)’’ and inserting ‘‘1402(d)(4)(B)’’.

13 SEC. 206. TECHNICAL CORRECTION.

14 Section 233(d) of the Antiterrorism and Effective

15 Death Penalty Act of 1996 (110 Stat. 1245) is amended

16 by striking ‘‘1 year after the date of enactment of this

17 Act’’ and inserting ‘‘October 1, 1999’’.

18 SEC. 207. SERVICES FOR VICTIMS OF CRIME AND DOMES19 TIC VIOLENCE.

20 Section 504 of Public Law 104–134 (110 Stat. 1321–

21 53) shall not be construed to prohibit a recipient (as that

22 term is used in that section) from using funds derived

23 from a source other than the Legal Services Corporation

24 to provide related legal assistance to any person with

25 whom an alien (as that term is used in subsection (a)(11)
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1 of that section) has a relationship covered by the domestic

2 violence laws of the State in which the alien resides or

3 in which an incidence of violence occurred.

4 SEC. 208. PILOT PROGRAM TO STUDY EFFECTIVENESS OF

5 RESTORATIVE JUSTICE APPROACH ON BE6 HALF OF VICTIMS OF CRIME.

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, amounts collected pursuant to sections 3729

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

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

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

12 of local government, and qualified private entities for the

13 establishment of pilot programs that implement balanced

14 and restorative justice models.

15 (b) DEFINITION OF BALANCED AND RESTORATIVE

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

17 and restorative justice model’’ means an approach to

18 criminal justice that promotes the maximum degree of in19 volvement by a victim, offender, and the community served

20 by a criminal justice system by allowing the criminal jus21 tice system and related criminal justice agencies to im22 prove the capacity of the system and agencies to—

23 (A) protect the community served by the

24 system and agencies; and
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1 (B) ensure accountability of the offender

2 and the system.