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Union Calendar No. 19

105TH CONGRESS

1ST SESSION H. R. 924

[Report No. 105–28]

To amend title 18, United States Code, to give further assurance to the

right of victims of crime to attend and observe the trials of those

accused of the crime.

IN THE HOUSE OF REPRESENTATIVES

MARCH 5, 1997

Mr. MCCOLLUM (for himself, Mr. SCHUMER, and Mr. LUCAS of Oklahoma)

introduced the following bill; which was referred to the Committee on the

Judiciary

MARCH 17, 1997

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend title 18, United States Code, to give further

assurance to the right of victims of crime to attend

and observe the trials of those accused of the crime.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 924 RH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Victim Allocution Clar3 ification Act of 1997’’.

4 SEC. 2. RIGHTS OF VICTIMS TO ATTEND AND OBSERVE

5 TRIAL.

6 (a) IN GENERAL.—Chapter 223 of title 18, United

7 States Code, is amended by adding at the end the follow8 ing:

9 ‘‘§ 3510. Rights of victims to attend and observe trial

10 ‘‘A United States district court shall not order any

11 victim of an offense excluded from the trial of a defendant

12 accused of that offense because such victim may or will—

13 ‘‘(1) exercise the right to make a statement or

14 present any information in relation to the sentence

15 at the imposition of sentence; or

16 ‘‘(2) testify as to the effect of the offense on

17 the victim and the victim’s family.’’.

18 (b) CLERICAL AMENDMENT.—The table of sections

19 at the beginning of chapter 223 of title 18, United States

20 Code, is amended by adding at the end the following new

21 item:

‘‘3510. Rights of victims to attend and observe trial.’’.

22 (c) EFFECT ON PENDING CASES.—The amendments

23 made by this section shall apply in cases pending on the

24 date of the enactment of this Act.
3

•HR 924 RH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Victim Allocution Clari3 fication Act of 1997’’.

4 SEC. 2. RIGHTS OF VICTIMS TO ATTEND AND OBSERVE

5 TRIAL.

6 (a) IN GENERAL.—Chapter 223 of title 18, United

7 States Code, is amended by adding at the end the following:

8 ‘‘§ 3510. Rights of victims to attend and observe trial

9 ‘‘A United States district court shall not order any vic10 tim of an offense excluded from the trial of a defendant ac11 cused of that offense because such victim may or will, dur12 ing the sentencing hearing—

13 ‘‘(1) exercise the right to make a statement or

14 present any information in relation to the sentence at

15 the imposition of sentence; or

16 ‘‘(2) testify as to the effect of the offense on the

17 victim and the victim’s family.’’.

18 (b) CLERICAL AMENDMENT.—The table of sections at

19 the beginning of chapter 223 of title 18, United States Code,

20 is amended by adding at the end the following new item:

‘‘3510. Rights of victims to attend and observe trial.’’.

21 (c) EFFECT ON PENDING CASES.—The amendments

22 made by this section shall apply in cases pending on the

23 date of the enactment of this Act.
Union Calendar No. 19

105TH CONGRESS

1ST SESSION H. R. 924

[Report No. 105–28]

A BILL

To amend title 18, United States Code, to give furthe crime. attend and observe the trials of those accused of ther assurance to the right of victims of crime to

MARCH 17, 1997

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and