II 

110TH CONGRESS 

1ST SESSION S. 1749 

To amend the Federal Rules of Criminal Procedure to provide adequate 

protection to the rights of crime victims, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 29, 2007 

Mr. KYL introduced the following bill; which was read twice and referred to 

the Committee on the Judiciary 

A BILL 

To amend the Federal Rules of Criminal Procedure to provide adequate protection to the rights of crime victims, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; SENSE OF CONGRESS. 

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

5 ‘‘Crime Victims’ Rights Rules Act of 2007’’. 

6 (b) SENSE OF CONGRESS CONCERNING CRIME VIC7 TIMS’ REPRESENTATION IN THE FEDERAL CRIMINAL

8 JUSTICE SYSTEM.— 

9 (1) FINDINGS.—Congress finds that— 


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1 (A) the amendments made by title I of the 

2 Justice for All Act of 2004 (Public Law 108– 

3 405; 118 Stat. 2261) afford a crime victim cer4 tain rights and standing in court proceedings 

5 involving an offense against that crime victim; 

6 (B) the rights and standing afforded to 

7 crime victims by those amendments are directly 

8 affected by the Rules of Criminal Procedure, 

9 which govern the administration of the Federal 

10 criminal justice system. 

11 (C) the Judicial Conference of the United 

12 States, as the principal body concerned with the 

13 administration of United States courts and the 

14 recommendation of rules of procedure, has an 

15 obligation to ensure that the rights and stand16 ing of crime victims are accounted for in the 

17 Federal criminal justice system. 

18 (2) SENSE OF CONGRESS.—It is the sense of 

19 Congress that the Chief Justice of the United 

20 States, having sole authority to appoint members of 

21 committees of the Judicial Conference of the United 

22 States, should designate not fewer than 1 member 

23 on each of the Committee on Rules of Practice and 

24 Procedure and the Advisory Committee on Criminal 

25 Rules for the purpose of ensuring that the rights 


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1 and standing of crime victims are accounted for in 

2 the Federal criminal justice system. 

3 SEC. 2. DEFINITIONS. 

4 Rule 1(b) of the Federal Rules of Criminal Procedure 

5 is amended by adding at the end the following: 

6 ‘‘(11) ‘Victim’ means a person directly and 

7 proximately harmed as a result of the commission of 

8 a Federal offense or an offense in the District of Co9 lumbia. In the case of a crime victim who is under 

10 18 years of age, incompetent, incapacitated, or de11 ceased, the legal guardian of the crime victim or the 

12 representative of the crime victim’s estate, family 

13 member, or any other person appointed as suitable 

14 by the court, may assume the crime victim’s rights 

15 under these rules, but in no event shall the defend16 ant be named as such guardian or representative.’’. 

17 SEC. 3. INTERPRETATION. 

18 Rule 2 of the Federal Rules of Criminal Procedure 

19 is amended by inserting after ‘‘administration’’ the fol20 lowing: ‘‘to the government, the defendant, and the vic21 tim’’. 

22 SEC. 4. ARREST WARRANT OR SUMMONS ON A COMPLAINT. 

23 Rule 4 of the Federal Rules of Criminal Procedure 

24 is amended— 


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1 (1) in subdivision (a), in the second sentence, 

2 by inserting after ‘‘a summons,’’ the following: ‘‘if 

3 consistent with the right of the victim to be reason4 ably protected from the accused,’’; and 

5 (2) in subdivision (c), by adding at the end the 

6 following: 

7 ‘‘(5) REASONABLE NOTICE TO THE VICTIM.— 

8 Upon return of an executed warrant, the judge be9 fore whom the defendant is brought shall direct that 

10 reasonable efforts be made to notify the victim re11 garding the arrest and of the date, time, and place 

12 of the initial appearance and of the right of the vic13 tim to be heard at the initial appearance.’’. 

14 SEC. 5. INITIAL APPEARANCE. 

15 Rule 5 of the Federal Rules of Criminal Procedure 

16 is amended— 

17 (1) in subdivision (a)— 

18 (A) by redesignating paragraph (3) as 

19 paragraph (4); and 

20 (B) by inserting after paragraph (2) the 

21 following: 

22 ‘‘(3) REASONABLE NOTICE TO THE VICTIM.— 

23 Reasonable efforts shall be made to give notice to 

24 the victim of the date, time, and place of the initial 


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1 appearance and of the right of the victim to be 

2 heard at the initial appearance.’’; 

3 (2) in subdivision (d)(3), by adding after the 

4 period at the end the following: ‘‘In making the deci5 sion to detain or release the defendant, the judge 

6 shall consider the right of the victim to be reason7 ably protected from the defendant and shall make 

8 reasonable efforts to notify the victim if the defend9 ant is released and the conditions of such release.’’; 

10 and 

11 (3) in subdivision (f), by inserting before the 

12 period at the end the following: ‘‘and reasonable ef13 forts are made to give the victim notice and the 

14 right to participate’’. 

15 SEC. 6. PRELIMINARY HEARING. 

16 Rule 5.1 of the Federal Rules of Criminal Procedure 

17 is amended— 

18 (1) in subdivision (a), in the matter preceding 

19 paragraph (1), by inserting after ‘‘a preliminary 

20 hearing’’ the following: ‘‘, after making reasonable 

21 efforts to give notice to the victim,’’; and 

22 (2) in subdivision (d), by inserting after 

23 ‘‘prompt disposition of criminal cases’’ the following: 

24 ‘‘and the right of the victim to proceedings free from 

25 unreasonable delay’’. 


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1 SEC. 7. ARREST WARRANT OR SUMMONS ON AN INDICT2 MENT OR INFORMATION. 

3 Rule 9(c)(3) of the Federal Rules of Criminal Proce4 dure is amended by inserting before the period at the end 

5 the following: ‘‘, after making reasonable efforts to give 

6 notice to the victim’’. 

7 SEC. 8. REASONABLE NOTICE TO VICTIMS. 

8 (a) IN GENERAL.—The Federal Rules of Criminal 

9 Procedure are amended by inserting after Rule 10 the fol10 lowing: 

11 ‘‘Rule 10.1. Reasonable Notice to Victims 

12 ‘‘(a) IDENTIFICATION OF VICTIMS.—During the 

13 prosecution of a case, the attorney for the government 

14 shall at the earliest reasonable opportunity, identify any 

15 victim. 

16 ‘‘(b) REASONABLE NOTICE OF CASE EVENTS.—Dur17 ing the prosecution of a crime, and whenever reasonable 

18 notice is required to be provided under these rules, reason19 able efforts shall be made to provide any victim the earliest 

20 possible notice of— 

21 ‘‘(1) the scheduling, including scheduling 

22 changes or continuances, of each court proceeding 

23 that the victim is either required to attend or enti24 tled to attend; 

25 ‘‘(2) the release or detention status of a defend26 ant or suspected offender; 


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1 ‘‘(3) the filing of charges against a defendant, 

2 or the proposed dismissal of any charges, including 

3 the placement of the defendant in a pretrial diver4 sion program and the conditions of such placement; 

5 ‘‘(4) the right of the victim to make a state6 ment about pretrial release of the defendant; 

7 ‘‘(5) the right of the victim to make a state8 ment about acceptance of a plea of guilty or nolo 

9 contendere; 

10 ‘‘(6) the right of the victim to attend a public 

11 proceeding; 

12 ‘‘(7) if the defendant is convicted, the date and 

13 place set for sentencing and the right of the victim 

14 to address the court at sentencing; and 

15 ‘‘(8) after the defendant is sentenced, the sen16 tence imposed and the availability of the Bureau of 

17 Prisons notification program, which provides the 

18 date, if any, on which the offender will be eligible for 

19 parole or supervised release. 

20 ‘‘(c) MULTIPLE VICTIMS.—The attorney for the gov21 ernment shall advise the court if the attorney believes that 

22 the number of victims makes it impracticable to provide 

23 reasonable personal notice to each victim. If the court 

24 finds that the number of victims makes it impracticable 

25 to give reasonable personal notice to each victim, the court 


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1 shall fashion a reasonable procedure calculated to give rea2 sonable notice under the circumstances.’’. 

3 (b) CONFORMING AMENDMENT.—The table of con4 tents for the Federal Rules of Criminal Procedure is 

5 amended by inserting after the item relating to Rule 10 

6 the following: 

‘‘10.1 Reasonable Notice to Victims.’’. 

7 SEC. 9. PLEAS. 

8 Rule 11 of the Federal Rules of Criminal Procedure 

9 is amended— 

10 (1) in subdivision (a)(3), by striking ‘‘the par11 ties’ views’’ and inserting the following: ‘‘the views 

12 of the parties and victims’’; 

13 (2) in subdivision (b), by adding at the end the 

14 following: 

15 ‘‘(4) VICTIM’S VIEWS.—Before the court ac16 cepts a plea of guilty or nolo contendere or allows 

17 any plea to be withdrawn, the court must address 

18 any victim who is present personally in open court. 

19 During this address, the court must determine 

20 whether the victim wishes to present views regarding 

21 the proposed plea or withdrawal and, if so, what 

22 those views are. The court shall consider the views 

23 of the victim in acting on the proposed plea or with24 drawal.’’; and 

25 (3) in subdivision (c)— 


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1 (A) in paragraph (1), in the matter pre2 ceding subparagraph (A), by inserting after the 

3 second sentence the following: ‘‘The attorney 

4 for the government shall make reasonable ef5 forts to notify any victim of, and consider the 

6 views of any victim about, any proposed plea 

7 negotiations.’’; and 

8 (B) in paragraph (2), by adding at the end 

9 the following: ‘‘When a plea is presented in 

10 open court, the attorney for the government or 

11 attorney for any victim shall advise the court if 

12 the attorney is aware that the victim has any 

13 objection to the proposed plea agreement.’’. 

14 SEC. 10. PLEADINGS AND PRETRIAL MOTIONS. 

15 Rule 12(g) of the Federal Rules of Criminal Proce16 dure is amended by adding at the end the following: ‘‘The 

17 court shall make reasonable efforts to notify the victim 

18 if the defendant is released under this subdivision.’’. 

19 SEC. 11. DISCLOSURES. 

20 (a) ALIBI DEFENSE.— 

21 (1) IN GENERAL.—Rule 12.1(b)(1)(A) of the 

22 Federal Rules of Criminal Procedure is amended— 

23 (A) by striking ‘‘, address, and telephone 

24 number’’; and 


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1 (B) by inserting after ‘‘each witness’’ the 

2 following: ‘‘and the address and telephone num3 ber of each witness (other than a victim) that’’. 

4 (2) CONTINUING DUTY TO DISCLOSE.—Rule 

5 12.1(c) of the Federal Rules of Criminal Procedure 

6 is amended— 

7 (A) by striking ‘‘, address,’’ and inserting 

8 ‘‘of each additional witness and the address’’; 

9 and 

10 (B) by inserting before ‘‘if:’’ the following: 

11 ‘‘(other than a victim)’’. 

12 (b) PUBLIC AUTHORITY DEFENSE.— 

13 (1) IN GENERAL.—Rule 12.3(a)(4)(C) of the 

14 Federal Rules of Criminal Procedure is amended— 

15 (A) by striking ‘‘, address, and telephone 

16 number’’; and 

17 (B) by inserting after ‘‘each witness’’ the 

18 following: ‘‘, and the address and telephone 

19 number of each witness (other than a victim), 

20 that’’. 

21 (2) CONTINUING DUTY TO DISCLOSE.—Rule 

22 12.3(b) of the Federal Rules of Criminal Procedure 

23 is amended— 


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1 (A) by striking ‘‘, address,’’ and inserting 

2 the following: ‘‘of any additional witness and 

3 the address’’; and 

4 (B) inserting before ‘‘if:’’ the following: 

5 ‘‘(other than a victim)’’. 

6 SEC. 12. DEPOSITIONS. 

7 Rule 15 of the Federal Rules of Criminal Procedure 

8 is amended— 

9 (1) in subdivision (a)(1), in the first sentence, 

10 by inserting ‘‘, other than a victim,’’ after ‘‘a pro11 spective witness’’; and 

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

13 ‘‘(i) VICTIM ATTENDANCE.—A victim may attend any 

14 public deposition taken under this Rule.’’. 

15 SEC. 13. DISCOVERY AND INSPECTION. 

16 Rule 16(a) of the Federal Rules of Criminal Proce17 dure is amended by adding at the end the following: 

18 ‘‘(4) DISCLOSURE TO VICTIMS.—The govern19 ment may disclose to a victim any information that 

20 the government has disclosed to the defendant.’’. 

21 SEC. 14. SUBPOENAS. 

22 Rule 17(h) of the Federal Rules of Criminal Proce23 dure is amended— 

24 (1) by striking ‘‘No party’’ and inserting the 

25 following: 


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1 ‘‘(1) IN GENERAL.—No party’’; and 

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

3 ‘‘(2) VICTIMS.—No record or document con4 taining personal or confidential information about a 

5 victim may be subpoenaed without making reason6 able efforts to give notice to the victim, given 

7 through the attorney for the government or for the 

8 victim, and an opportunity to be heard.’’. 

9 SEC. 15. PRETRIAL CONFERENCE. 

10 Rule 17.1 of the Federal Rules of Criminal Procedure 

11 is amended by adding at the end the following: ‘‘The court 

12 shall make reasonable efforts to give the victim notice of 

13 any pretrial conference and a victim may attend and be 

14 heard on any matter relating to the rights of a victim.’’. 

15 SEC. 16. VENUE. 

16 (a) IN GENERAL.—The second sentence of Rule 18 

17 of the Federal Rules of Criminal Procedure is amended 

18 by inserting after ‘‘the defendant’’ the following: ‘‘, the 

19 victim,’’. 

20 (b) PLEA AND SENTENCE.—Rule 20(a)(2) of the 

21 Federal Rules of Criminal Procedure is amended by in22 serting before the period at the end the following: ‘‘, after 

23 consultation with the victim’’. 

24 (c) JUVENILES.—Rule 20(d)(1)(E) of the Federal 

25 Rules of Criminal Procedure is amended by inserting beVerDate Aug 31 2005 23:29 Jul 09, 2007 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1749.IS S1749

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1 fore the semicolon the following: ‘‘, after consultation with 

2 the victim’’. 

3 (d) TRANSFER FOR TRIAL.—Rule 21 of the Federal 

4 Rules of Criminal Procedure is amended by adding at the 

5 end the following: 

6 ‘‘(e) VICTIMS’ VIEWS.—The court shall not transfer 

7 any proceeding without giving any victim an opportunity 

8 to be heard. The court shall consider the views of the vic9 tim in making any transfer decision.’’. 

10 SEC. 17. TRIAL. 

11 Rule 23(a)(3) of the Federal Rules of Criminal Pro12 cedure is amended by inserting before the period at the 

13 end the following: ‘‘, after considering the views of the vic14 tim’’. 

15 SEC. 18. INTERPRETERS. 

16 Rule 28 of the Federal Rules of Criminal Procedure 

17 is amended in the first sentence, by inserting before the 

18 period at the end the following: ‘‘, including an interpreter 

19 for the victim’’. 

20 SEC. 19. POST CONVICTION PROCEDURES. 

21 (a) PRESENTENCE INVESTIGATION.—Rule 32(c) of 

22 the Federal Rules of Criminal Procedure is amended— 

23 (1) in paragraph (1)(B), by striking ‘‘requires’’ 

24 and inserting ‘‘permits’’; and 

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


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1 ‘‘(3) VICTIM INFORMATION.—The probation of2 ficer shall determine whether any victim wishes to 

3 provide information for the presentence report.’’. 

4 (b) PRESENTENCE REPORT.—Rule 32 of the Federal 

5 Rules of Criminal Procedure is amended— 

6 (1) in subdivision (d)— 

7 (A) in paragraph (2)— 

8 (i) in subparagraph (E), by striking 

9 ‘‘and’’ at the end; 

10 (ii) by redesignating subparagraph 

11 (F) as subparagraph (G); and 

12 (iii) by inserting after subparagraph 

13 (E) the following: 

14 ‘‘(F) a description of the impact of the 

15 crime on the victim; and’’; and 

16 (B) in paragraph (3)(C), by inserting ‘‘, 

17 the victim,’’ after ‘‘the defendant’’; 

18 (2) in subdivision (e)(2)— 

19 (A) by striking ‘‘The probation officer’’ 

20 and inserting the following: 

21 ‘‘(A) IN GENERAL.—The probation offi22 cer’’; and 

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

24 ‘‘(B) VICTIMS.—The probation officer 

25 must give the presentence report to the victim 


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1 and any attorney for such victim at least 35 

2 days before sentencing, unless the court, after 

3 receiving an objection from the defendant, the 

4 attorney for the government, or another victim, 

5 finds that disclosure of a portion of the report 

6 would be an unwarranted invasion of personal 

7 privacy and not in the interest of justice, in 

8 which case such portions shall be redeacted.’’; 

9 and 

10 (3) in subdivision (f)(1), by adding at the end 

11 the following: ‘‘The attorney for the government or 

12 for the victim shall raise for the victim any reason13 able objection by the victim to the presentence re14 port.’’. 

15 (c) DEPARTURES.—Rule 32(h) of the Federal Rules 

16 of Criminal Procedure is amended by— 

17 (1) striking ‘‘or in a party’s prehearing submis18 sion’’ and inserting ‘‘, in a party’s prehearing sub19 mission, or in a victim impact statement’’; and 

20 (2) adding at the end the following ‘‘The attor21 ney for the government or the victim shall advise de22 fense counsel and the court of any ground identified 

23 by the victim that might reasonably serve as a basis 

24 for departure.’’. 


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1 (d) SENTENCING.—Rule 32(i) of the Federal Rules 

2 of Criminal Procedure is amended— 

3 (1) in paragraph (1)(C), by inserting after 

4 ‘‘parties’ attorneys’’ the following: ‘‘and any victim’’; 

5 (2) in paragraph (1)(D), by inserting after 

6 ‘‘allow a party’’ the following: ‘‘or a victim’’; 

7 (3) in paragraph (2), in the first sentence, by 

8 inserting after ‘‘permit the parties’’ the following: 

9 ‘‘or the victim’’; and 

10 (4) by amending subparagraph (B) of para11 graph (4) to read as follows: 

12 ‘‘(B) BY A VICTIM.—Before imposing sen13 tence, the court must address any victim of the 

14 crime who is present at sentencing and must 

15 permit the victim to speak or submit any infor16 mation about the sentence.’’. 

17 (e) DEFINITIONS.—Rule 32 of the Federal Rules of 

18 Criminal Procedure is amended by— 

19 (1) striking subdivision (a); 

20 (2) redesignating subdivisions (b) through (k) 

21 as subdivisions (a) through (j) respectively; 

22 (f) CONFORMING AMENDMENTS.— 

23 (1) RULE 26.—Rule 26.2(g)(2) of the Federal 

24 Rules of Criminal Procedure is amended by striking 

25 ‘‘Rule 32(i)(2)’’ and inserting ‘‘Rule 32(h)(2)’’. 


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1 (2) RULE 32.—Rule 32(h) of the Federal Rules 

2 of Criminal Procedure, as so redesignated by sub3 section (e), is amended— 

4 (A) in paragraph (1)(B), by striking ‘‘Rule 

5 32(d)(3)’’ and inserting ‘‘Rule 32(c)(3)’’; and 

6 (B) in paragraph (4)(C), by striking ‘‘Rule 

7 32(i)(4)’’ and inserting ‘‘Rule 32(h)(4)’’. 

8 (3) COPYRIGHT.—Section 2319(d)(1) of title 

9 18, United States Code, is amended by striking 

10 ‘‘Rule 32(c)’’ and inserting ‘‘Rule 32(b)’’. 

11 (4) RECORDINGS.—Section 2319A(d)(1) of title 

12 18, United States Code, is amended by striking 

13 ‘‘Rule 32(c)’’ and inserting ‘‘Rule 32(b)’’. 

14 (5) COUNTERFEIT GOODS OR SERVICES.—Sec15 tion 2320(d)(1) of title 18, United States Code, is 

16 amended by striking ‘‘Rule 32(c)’’ and inserting 

17 ‘‘Rule 32(b)’’. 

18 (6) CHILDREN.—Section 3509(f) of title 18, 

19 United States Code, is amended by striking ‘‘Rule 

20 32(c)’’ and inserting ‘‘Rule 32(b)’’. 

21 (7) PRESENTENCE REPORTS.—Section 3552 of 

22 title 18, United States Code, is amended— 

23 (A) in subsection (a), by striking ‘‘Rule 

24 32(c)’’ and inserting ‘‘Rule 32(b)’’; and 

25 (B) in subsection (d)— 


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1 (i) by striking ‘‘The court shall assure 

2 that’’ and inserting the following: 

3 ‘‘(1) IN GENERAL.—The court shall assure 

4 that’’; and 

5 (ii) by adding at the end the fol6 lowing: 

7 ‘‘(2) CRIME VICTIMS.—The court shall assure 

8 that, not later than 10 days before the date of sen9 tencing, the report filed under this section is dis10 closed to any crime victim (as that term is defined 

11 in section 3771(e)) and any attorney for such crime 

12 victim, except any portion of such report excised by 

13 the court for compelling reasons or made confiden14 tial by law. If the court excises any portion of the 

15 presentence report, it shall inform the parties and 

16 the victim of its decision and shall state on the 

17 record the reasons for the excision.’’. 

18 (8) PROBATION.—Section 3664(c) of title 18, 

19 United States Code, is amended by striking ‘‘Rule 

20 32(c)’’ and inserting ‘‘Rule 32(b)’’. 

21 SEC. 20. REVOKING OR MODIFYING PROBATION OR SUPER22 VISED RELEASE. 

23 Rule 32.1 of the Federal Rules of Criminal Procedure 

24 is amended— 

25 (1) in subdivision (a)— 


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1 (A) in paragraph (1), in the matter pre2 ceding subparagraph (A), by inserting after 

3 ‘‘must be taken’’ the following: ‘‘, with reason4 able efforts to give notice to the victim and’’; 

5 and 

6 (B) in paragraph (6), by striking ‘‘The 

7 magistrate’’ and inserting the following: ‘‘After 

8 considering the right of the victim to be reason9 ably protected, the magistrate’’; and 

10 (2) in subdivision (b), by adding at the end the 

11 following: 

12 ‘‘(3) CRIME VICTIMS.—The court shall make 

13 reasonable efforts to give notice to the victim before 

14 any revocation hearing.’’. 

15 SEC. 21. NEW TRIAL. 

16 Rule 33(a) of the Federal Rules of Criminal Proce17 dure is amended in the first sentence by inserting after 

18 ‘‘Upon the defendant’s motion’’ the following: ‘‘and after 

19 making reasonable efforts to give notice to the victim and 

20 an opportunity for the victim to be heard’’. 

21 SEC. 22. ARRESTING JUDGMENT. 

22 Rule 34(a) of the Federal Rules of Criminal Proce23 dure is amended in the matter preceding paragraph (1), 

24 by inserting after ‘‘must arrest judgment’’ the following: 


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1 ‘‘, after making reasonable efforts to give notice to the 

2 victim and an opportunity to be heard,’’. 

3 SEC. 23. CORRECTING OR REDUCING A SENTENCE. 

4 Rule 35 of the Federal Rules of Criminal Procedure 

5 is amended— 

6 (1) in subdivision (a), by inserting after ‘‘the 

7 court’’ the following: ‘‘, after making reasonable ef8 forts to give notice to the victim and an opportunity 

9 to be heard,’’; and 

10 (2) in subdivision (b), by inserting ‘‘, after 

11 making reasonable efforts to give notice to the vic12 tim and an opportunity to be heard,’’ after ‘‘may re13 duce a sentence’’ each place the term appears. 

14 SEC. 24. CLERICAL ERROR. 

15 Rule 36 of the Federal Rules of Criminal Procedure 

16 is amended by inserting after ‘‘it considers appropriate,’’ 

17 the following: ‘‘including making reasonable efforts to give 

18 notice to the victim,’’. 

19 SEC. 25. STAYING A SENTENCE OR A DISABILITY. 

20 Rule 38(e)(1) of the Federal Rules of Criminal Proce21 dure is amended by inserting before the period at the end 

22 the following: ‘‘, after making reasonable efforts to give 

23 notice to the victim and an opportunity to be heard’’. 


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1 SEC. 26. VICTIM’S PRESENCE. 

2 (a) IN GENERAL.—The Federal Rules of Criminal 

3 Procedure are amended by inserting after Rule 43 the fol4 lowing: 

5 ‘‘Rule 43.1 Victim’s Presence 

6 ‘‘(a) VICTIM’S RIGHT TO ATTEND.—A victim has the 

7 right to attend any public court proceeding, unless the 

8 court, based on clear and convincing evidence, determines 

9 that testimony by the victim would be materially altered 

10 if the victim heard other testimony at that proceeding. Be11 fore making any determination to exclude a victim, the 

12 court shall make every effort to permit the fullest attend13 ance possible by the victim and shall consider reasonable 

14 alternatives to the exclusion of the victim from the crimi15 nal proceeding. The reasons for any decision to exclude 

16 a victim shall be clearly stated on the record. 

17 ‘‘(b) PROCEEDING WITH AND WITHOUT REASON18 ABLE NOTICE.— 

19 ‘‘(1) WITHOUT VICTIM.—The court may hold a 

20 public proceeding without the attendance of a victim 

21 if reasonable efforts have been made to give notice 

22 to that victim under Rule 10.1. 

23 ‘‘(2) WITHOUT NOTICE.—The court may hold a 

24 public proceeding (other than a trial or sentencing) 

25 without proper notice to a victim only if— 

26 ‘‘(A) doing so is in the interests of justice; 


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1 ‘‘(B) the court makes reasonable efforts to 

2 provide prompt notice to that victim of the 

3 court’s action and of the victim’s right to seek 

4 reconsideration of the action if a victim’s right 

5 is affected; and 

6 ‘‘(C) the court makes reasonable efforts to 

7 insure that notice will be properly provided to 

8 that victim for all subsequent public pro9 ceedings. 

10 ‘‘(c) NUMEROUS VICTIMS.—If the court finds that 

11 the number of victims makes it impracticable to afford all 

12 of the victims the right to be present, the court shall fash13 ion a reasonable procedure to facilitate the attendance of 

14 the victims. 

15 ‘‘(d) RIGHT TO BE HEARD ON VICTIM’S ISSUES.— 

16 In addition to any right to be heard established elsewhere 

17 under these rules, at any public proceeding at which a vic18 tim has the right to attend, the victim has the right to 

19 be heard on any matter affecting the rights of a victim.’’. 

20 (b) CONFORMING AMENDMENT.—The table of con21 tents for the Federal Rules of Criminal Procedure is 

22 amended by inserting after the item relating to Rule 43 

23 the following: 

‘‘43.1 Victim’s Presence.’’. 


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1 SEC. 27. COUNSEL FOR VICTIMS. 

2 Rule 44 of the Federal Rules of Criminal Procedure 

3 is amended by adding at the end the following: 

4 ‘‘(d) COUNSEL FOR VICTIMS.—When the interests of 

5 justice clearly require, the court may appoint counsel for 

6 a victim to assist the victim in exercising the rights of 

7 the victim under these rules or any other provision of Fed8 eral law.’’. 

9 SEC. 28. RIGHT TO BE HEARD. 

10 Rule 46 of the Federal Rules of Criminal Procedure 

11 is amended by adding at the end the following: 

12 ‘‘(k) VICTIM’S RIGHT TO BE HEARD.—A victim has 

13 the right to be heard regarding any decision to release the 

14 defendant. The court shall consider the views of the victim 

15 and the right of the victim to be reasonably protected from 

16 the defendant in making any release decision, including 

17 such decisions in petty cases. In a case where the court 

18 finds that the number of victims makes it impracticable 

19 to afford all of the victims the right to be heard in open 

20 court, the court shall fashion a reasonable procedure to 

21 facilitate hearing from representative victims.’’. 

22 SEC. 29. MOTIONS AND SUPPORTING AFFIDAVITS. 

23 Rule 47(b) of the Federal Rules of Criminal Proce24 dure is amended by adding at the end the following: ‘‘In 

25 deciding whether to grant the government’s motion to dis26 miss, the court shall consider the views of the victim.’’. 


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•S 1749 IS 

1 SEC. 30. SERVING AND FILING PAPERS. 

2 Rule 49(a) of the Federal Rules of Criminal Proce3 dure is amended by inserting after ‘‘on every other party’’ 

4 the following: ‘‘, and on the victim or any counsel for a 

5 victim who has entered a notice of appearance,’’. 

6 SEC. 31. PROMPT DISPOSITION. 

7 Rule 50 of the Federal Rules of Criminal Procedure 

8 is amended to read as follows: 

9 ‘‘Rule 50. Prompt Disposition 

10 ‘‘(a) SCHEDULING PREFERENCE.—Scheduling pref11 erence shall be given to criminal proceedings as far as is 

12 practicable. 

13 ‘‘(b) DEFENDANT’S RIGHT AGAINST DELAY.—The 

14 court shall assure that the right of the defendant to a 

15 speedy trial is protected, as provided by the Speedy Trial 

16 Act of 1974 (18 U.S.C. 3161 note). 

17 ‘‘(c) VICTIM’S RIGHT AGAINST DELAY.—The court 

18 shall assure that the right of the victim to proceedings 

19 free from unreasonable delay is protected. The victim has 

20 the right to be heard regarding any motion to continue 

21 any proceeding. If the court grants a motion to continue 

22 over the objection of the victim, the court shall state its 

23 reasons in writing.’’. 

24 SEC. 32. PRESERVING CLAIMED ERROR. 

25 Rule 51(b) of the Federal Rules of Criminal Proce26 dure is amended— 


bajohnson on PROD1PC69 with BILLS
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•S 1749 IS 

1 (1) in the first sentence, by inserting after ‘‘A 

2 party’’ the following: ‘‘or a victim’’; and 

3 (2) in the second sentence, by inserting after 

4 ‘‘If a party’’ the following: ‘‘or a victim’’. 

5 SEC. 33. DIRECTION TO SENTENCING COMMISSION. 

6 The United States Sentencing Commission is directed 

7 to make appropriate amendments to sentencing guidelines, 

8 policy statements, and official commentary to ensure that 

9 crime victims have meaningful participation in the sen10 tencing process. 

Æ 


bajohnson on PROD1PC69 with BILLS