I
103D CONGRESS
1ST SESSION
H. R. 3120
To assure the rights of victims of crime.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 22, 1993
Mr. MCHALE (for himself, Mr. ANDREWS of New Jersey, Mr. BACHUS of Ala-
bama, Mr. BAESLER, Mr. BARCIA, Mr. BARLOW, Mr. BARRETT of Wis-
consin, Mr. BORSKI, Mr. BROWN of Ohio, Ms. DANNER, Mr. DEUTSCH,
Mr. DIAZ-BALART, Mr. DOOLITTLE, Mr. EVANS, Mr. FROST, Mr. GEREN
of Texas, Mr. GREENWOOD, Mr. GUTIERREZ, Mr. HOKE, Mr. HOLDEN,
Ms. NORTON, Mr. INSLEE, Mr. JOHNSTON of Florida, Mr. JOHNSON of
Georgia, Mr. KANJORSKI, Mr. KLEIN, Mr. KLINK, Mr. KNOLLENBERG,
Mr. KREIDLER, Mr. LANCASTER, Mr. MENENDEZ, Mr. MCCLOSKEY, Mr.
MCINNIS, Mr. MEEHAN, Mr. MINGE, Mr. MURPHY, Mr. MURTHA, Mr.
ORTON, Mr. POMEROY, Mr. QUINN, Mr. ROYCE, Mr. SANTORUM, Ms.
SCHENK, Mr. SHUSTER, Mr. SKELTON, Mr. STUPAK, Mr. SWETT, Mr.
TALENT, Mr. TAYLOR of Mississippi, Mr. TEJEDA, Mr. TUCKER, and Mr.
UNDERWOOD) introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To assure the rights of victims of crime.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Crime Victims’ Bill
of Rights Act’’.
SEC. 2. VICTIMS’ STATEMENT IN FEDERAL CASES.
Rule 32 of the Federal Rules of Criminal Procedure
is amended—
(1) by striking ‘‘and’’ at the end of subdivision
(a)(1)(B);
(2) by striking the period at the end of subdivi-
sion (a)(1)(C) and inserting ‘‘; and’’;
(3) by inserting after subdivision (a)(1)(C) the
following:
‘‘(D) address personally any victim of the
offense for which sentence is to be imposed (or
a member of that victim’s immediate family or,
in the discretion of the court, any other appro-
priate person representing the victim) who is
present at the sentencing hearing, and afford
the individual so addressed the opportunity to
make a statement and present information in
relation to the sentence.’’;
(4) in the penultimate sentence of subdivision
(a)(1), by striking ‘‘equivalent opportunity’’ and in-
serting ‘‘opportunity equivalent to that of the de-
fendant’s counsel’’; and
(5) by adding at the end of subdivision (a)(1)
the following: ‘‘Upon request by a victim, the court
may hear in camera such a statement by that vic-
tim.’’.
SEC. 3. RIGHT OF VICTIMS OF STATE OFFENSES TO BE IN-
FORMED ABOUT VICTIM COMPENSATION AND
ASSISTANCE PROGRAMS.
Section 1403(b) of the Victims of Crime Act of 1984
(42 U.S.C. 10602(b) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(7);
(2) by inserting after paragraph (7) the follow-
ing:
‘‘(8) such State provides an effective system of
notice to crime victims of the existence of compensa-
tion and other programs to assist victims of crime
in which those victims might be eligible to partici-
pate; and’’; and
(3) by redesignating existing paragraph (8) as
paragraph (9).
SEC. 4. RIGHT OF VICTIMS IN COURT PROCEEDINGS.
(a) SEPARATION OF VICTIM FROM ACCUSED.—Sec-
tion 501(b) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended—
(1) by striking the period at the end of para-
graph (21) and adding ‘‘; and’’; and
(2) by adding at the end the following:
‘‘(22) programs that allow for the physical and
visual separation of a victim of crime from an al-
leged perpetrator of such crime while waiting in a
judicial facility for a courtroom appearance.’’.
(b) FORMULA GRANT REDUCTION FOR NONCOMPLI-
ANCE.—Section 506 of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 is amended by adding
at the end the following:
‘‘(g) In order not to reduce the funds available under
this subpart by 25 percent (for redistribution to other par-
ticipating States), a State shall, on the first day of each
fiscal year succeeding the first fiscal year beginning after
September 30, 1994—
‘‘(1) notify a victim of crime of the availability
of visual and physical separation from an alleged
perpetrator of such crime while waiting in a judicial
facility for a courtroom appearance;
‘‘(2) provide such victim the opportunity for
visual and physical separation from an alleged per-
petrator of such crime while waiting in a judicial fa-
cility for a courtroom appearance;
‘‘(3) provide a victim of crime with the earliest
possible notice of the scheduling of each court pro-
ceeding or parole hearing that the witness is either
required or entitled to attend; and
‘‘(4) address personally any victim of the of-
fense for which sentence is to be imposed (or a
member of that victim’s immediate family or, in the
discretion of the court, any other appropriate person
representing the victim) who is present at the sen-
tencing hearing, and afford the individual so ad-
dressed the opportunity to make a statement and
present information in relation to the sentence.’’.
SEC. 5. FEDERAL VICTIMS RIGHTS TO BE INFORMED
ABOUT COMPENSATION PROGRAMS AND TO
SEPARATE WAITING FACILITIES.
The Attorney General shall assure that Federal pros-
ecutors and law enforcement officials—
(1) provide an effective system of notice to
crime victims of the existence of compensation and
other programs to assist victims of crime in which
those victims might be eligible to participate;
(2) notify victims of Federal crime of the avail-
ability of visual and physical separation from alleged
perpetrators of such crime while waiting in a judicial
facility for a courtroom appearance;
(3) provide victims of Federal crime the oppor-
tunity for visual and physical separation from al-
leged perpetrators of such crime while waiting in a
judicial facility for a courtroom appearance; and
(4) provide a victim of crime with the earliest
possible notice of the scheduling of each court pro-
ceeding or parole hearing that the witness is either
required or entitled to attend.
Æ