I 
117TH CONGRESS 
2D SESSION 
H. R. 9444 
To strengthen the rights of crime victims, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 6, 2022 
Ms. SPEIER (for herself, Ms. WASSERMAN SCHULTZ, and Ms. LOIS FRANKEL 
of Florida) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
A BILL 
To strengthen the rights of crime victims, and for other 
purposes. 
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 ‘‘Courtney Wild Crime 
Victims’ Rights Reform Act of 2022’’. 
SEC. 2. CRIME VICTIMS’ RIGHTS. 
Section 3771 of title 18, United States Code, is 
amended— 
(1) in subsection (a)— 
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(A) in paragraph (5), by striking ‘‘Govern-
ment in the case’’ and inserting ‘‘Government, 
including the right to confer about any agree-
ment that resolves the case or investigation, 
plea agreement, pre-trial diversion agreement, 
or voluntary dismissal before such agreement or 
dismissal is presented to the court or is other-
wise formally executed’’; 
(B) by amending paragraph (9) to read as 
follows: 
‘‘(9) The right to be informed in a timely man-
ner of any plea agreement, or other agreement that 
resolves the case or investigation, pretrial diversion 
agreement, or the referral of a criminal investigation 
to another Federal, State, Tribal, or local law en-
forcement entity.’’; and 
(C) in paragraph (10), by striking ‘‘contact 
information for the Office of the Victims’ 
Rights Ombudsman of the Department of Jus-
tice’’ and inserting ‘‘a crime victims’ rights 
card, contact information for the Office of the 
Crime Victims’ Rights Ombudsman of the De-
partment of Justice, and information about 
sources of legal assistance related to the exer-
cise of these rights, including that the victim 
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has the right to seek the advice of an attorney 
with respect to these rights’’; 
(2) in subsection (b)(1), by inserting after the 
first sentence the following: ‘‘The court shall also 
confirm with the Government, that the Government 
has complied with its obligation to accord the rights 
described in subsection (a).’’; 
(3) in subsection (c)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) GOVERNMENT.— 
‘‘(A) IN GENERAL.—Officers and employ-
ees of the Department of Justice and other de-
partments and agencies of the United States 
engaged in the detection, investigation, or pros-
ecution of crimes shall make their best efforts 
to see that crime victims are notified of, and ac-
corded, the rights described in subsection (a). 
‘‘(B) REQUEST FOR DELAY.— 
‘‘(i) 
CIRCUMSTANCES.—If 
charges 
pertaining to the victim have not been pub-
licly filed, and the Government determines 
that according one or more of the rights 
described in subsection (a) would threaten 
the safety of an individual, interfere with 
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an ongoing investigation or prosecution, 
compromise national security, or result in 
premature disclosure of material nonpublic 
information, the Government may request 
leave from the court to delay according the 
right for the limited period of time nec-
essary to avoid the harm or until charges 
are publicly filed, whichever comes first. 
‘‘(ii) COURT PROCEDURE.—The court 
shall review a submission made by the 
Government along with its request, the 
court may grant such request if it is sup-
ported by clear and convincing evidence. 
The Court shall maintain a record of the 
Government’s request and its ruling on the 
matter, which shall be provided to the vic-
tim at the conclusion of the delay. 
‘‘(iii) DURATION.—An order by a 
court granting a request for a delay under 
this subparagraph shall be for a period 
that does not exceed 90 days, except that 
the Government may, for good cause, apply 
for an extension of the delay period. The 
granting of a delay under this subpara-
graph shall not constitute grounds for fail-
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ing to ultimately accord a right to any vic-
tim. 
‘‘(C) COURT-ORDERED
REMEDIES.—If a 
court finds that the Government failed to com-
ply with subparagraph (A), it may order an ap-
propriate remedy under the circumstances, in 
accordance with subsection (d). 
‘‘(D) PRO BONO LEGAL REPRESENTATION 
FOR VICTIMS.—To the extent practicable, and 
consistent with applicable ethical standards and 
rules of professional conduct, the Government 
shall provide to the crime victim general infor-
mation on how to seek available pro bono legal 
representation for the purpose of asserting the 
rights under this section.’’; and 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) ADVICE OF ATTORNEY.—Officers and em-
ployees of the Department of Justice and other de-
partments and agencies of the United States en-
gaged in the detection, investigation, or prosecution 
of the alleged crime shall advise the crime victim in 
writing that the crime victim can seek the advice of 
an attorney with respect to the rights described in 
subsection (a).’’; 
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(4) in subsection (d)— 
(A) in paragraph (2), by inserting after 
the period at the end the following: ‘‘The proce-
dure fashioned by the court under this para-
graph shall have no effect on the duty of offi-
cers and employees of the Government to make 
their best efforts to accord crime victims the 
rights described in subsection (a).’’; 
(B) by amending paragraph (3) to read as 
follows: 
‘‘(3) MOTION FOR RELIEF AND WRIT OF MAN-
DAMUS.— 
‘‘(A) MOTION
FOR
RELIEF.—The rights 
described in subsection (a) shall be asserted in 
the district court in which a defendant is being 
prosecuted or has been prosecuted for the 
crime. If no prosecution is underway at the 
time of the motion for relief, the rights de-
scribed in subsection (a) shall be asserted in the 
district court in the district in which the crime 
is alleged to have occurred. The motion may be 
filed in an existing criminal case or, if no com-
plaint, information, or indictment has been filed 
at that time, by a separate rights enforcement 
action. 
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‘‘(B) REVIEW OF MOTION FOR RELIEF.— 
‘‘(i) IN GENERAL.—The district court 
shall take up and decide any motion or 
separate civil action asserting a victim’s 
right forthwith. 
‘‘(ii) ADDITIONAL
INFORMATION.—If 
the district court determines that addi-
tional information is relevant to the 
movant’s assertion of the right, the Gov-
ernment shall promptly provide all such 
additional information to the court and 
movant. The court may, for good cause, 
allow the Government to provide a sub-
stantive summary of such information in-
stead of providing the information itself. 
Upon the Government’s request, the court 
shall enter an appropriate protective order 
governing dissemination and use of any in-
formation or substantive summary pro-
vided under this clause. 
‘‘(iii) WRITTEN
OPINION
REQUIRED 
FOR DENIAL OF RELIEF.—If the district 
court denies the relief sought by the mov-
ant, the court shall enter a written opinion, 
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which clearly states the reasons for the de-
nial. 
‘‘(C) WRIT OF MANDAMUS.—If the court 
denies a motion described in subparagraph (A), 
the movant may petition the court of appeals 
for a writ of mandamus. The court of appeals 
may issue the writ on the order of a single 
judge pursuant to circuit rule or the Federal 
Rules of Appellate Procedure. The court of ap-
peals shall take up and decide such application 
forthwith within 72 hours after the petition has 
been filed, unless the litigants, with notice to 
the court, have agreed to a longer time period 
for consideration. In deciding such application, 
the court of appeals shall determine the merits 
of the application and, in making such deter-
mination, shall apply ordinary standards of ap-
pellate review to any procedural or substantive 
issues. If the court of appeals denies the relief 
sought, the reasons for the denial shall be clear-
ly stated on the record in a written order or 
opinion.’’; 
(C) by amending paragraph (5) to read as 
follows: 
‘‘(5) RE-OPENING PROCEEDINGS.— 
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‘‘(A) IN GENERAL.—In no case shall a fail-
ure to afford a right under this chapter provide 
grounds for a new trial. 
‘‘(B) VICTIMS WHO RECEIVED TIMELY NO-
TICE.—A victim who received timely notice of 
the relevant proceedings may make a motion or 
file a separate enforcement action to reopen a 
plea or sentence only if— 
‘‘(i) the victim has asserted the right 
to be heard before or during the pro-
ceeding at issue and such right was denied; 
‘‘(ii) the victim petitions the court of 
appeals for a writ of mandamus in a timely 
manner; and 
‘‘(iii) in the case of a plea, the ac-
cused has not pleaded guilty to the highest 
offense charged, and in the case of a sen-
tencing, the accused has not been sen-
tenced to the statutory maximum. 
‘‘(C) VICTIMS
WHO
DID
NOT
RECEIVE 
TIMELY NOTICE.—A victim who did not receive 
timely notice of the relevant proceedings may 
make a motion or file a separate enforcement 
action to reopen a plea or sentence, only if— 
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‘‘(i) the victim makes such a motion 
or files such a separate enforcement action 
in a timely manner; and 
‘‘(ii) in the case of a plea, the accused 
has not pleaded guilty to the highest of-
fense charged, and in the case of a sen-
tencing, the accused has not been sen-
tenced to the statutory maximum.’’; 
(D) by redesignating paragraph (6) as 
paragraph (9); and 
(E) by inserting after paragraph (5) the 
following: 
‘‘(6) MOTION
TO
ANNUL
PROSECUTORIAL 
AGREEMENTS.—A crime victim may make a motion 
requesting that the Government seek to void a de-
ferred prosecution agreement or non-prosecution 
agreement by filing a motion with the court in writ-
ing asserting that they were not accorded the rea-
sonable right to confer in subsection (a)(5). Upon a 
finding by the court that the victim’s right under 
subsection (a)(5) was violated, the court may order 
the Government to confer with the victim. If, after 
conferring with the victim, the Government deter-
mines that it would not have entered into the agree-
ment or would have sought to enter into an agree-
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ment with different terms, then the Government 
may, with the consent of the defendant, withdraw 
from the agreement, or seek to modify the agree-
ment. 
‘‘(7) REMEDIES.—Upon a finding that a vic-
tim’s rights under this section have been violated, 
the court shall order a just and appropriate remedy, 
which may include reopening a proceeding, to ad-
dress such violation, except that any such remedy 
may not violate a defendant’s constitutional rights 
and shall account for the interests of other victims 
and the public. An order under this paragraph, or 
under paragraph (5) or (6), shall not be construed 
to impair prosecutorial discretion under paragraph 
(6). 
‘‘(8) ATTORNEYS’ FEES.—A crime victim who 
prevails against the United States in an action to 
enforce a right under this section shall be entitled to 
an award of reasonable attorneys’ fees and expenses, 
as provided in section 2412 of title 28.’’; 
(5) in subsection (e)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) COURT OF APPEALS.—The term ‘court of 
appeals’ means— 
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‘‘(A) the United States court of appeals 
for— 
‘‘(i) the judicial district in which a 
district court has rendered a decision for 
which the victim seeks appellate review; 
‘‘(ii) if no such decision has been ren-
dered, the judicial district in which the de-
fendant is being prosecuted; or 
‘‘(iii) if there is no such prosecution, 
the judicial district in which the offense 
was alleged to have been committed; or 
‘‘(B) for a prosecution or offense com-
mitted in the District of Columbia, in the Supe-
rior Court of the District of Columbia, or the 
District of Columbia Court of Appeals.’’; and 
(B) by adding at the end the following: 
‘‘(4) TIMELY.—The term ‘timely’ means suffi-
cient time for the victim to exercise their rights 
under this section, and in accordance with any appli-
cable rules of procedure.’’; and 
(6) by striking subsection (f). 
SEC. 3. JUDICIAL TRAINING ON THE RIGHTS OF CRIME VIC-
TIMS. 
Not later than 1 year after the date of enactment 
of this Act, the Director of the Federal Judicial Center 
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shall, in consultation with victims’ rights and services 
groups— 
(1) create a guidebook for Federal judges and 
judicial employees explaining legal requirements re-
garding crime victims’ rights and best practices for 
affording those rights in judicial proceedings; and 
(2) incorporate the concepts from the guidebook 
in the Federal Judicial Center’s judicial orientation 
training. 
SEC. 4. CRIME VICTIM LEGAL ASSISTANCE GRANTS. 
Section 1404D of the Victims of Crime Act of 1984 
(34 U.S.C. 20107) is amended by adding at the end the 
following: 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—In ad-
dition to funds made available under section 1402(d), 
there are authorized to be appropriated from the general 
fund of the Treasury to carry out this section $13,000,000 
for each of fiscal years 2022, 2023, 2024, 2025, and 
2026.’’. 
SEC. 5. NATIONAL RESOURCE CENTER ON CRIME VICTIMS’ 
RIGHTS. 
(a) AUTHORITY.—The Attorney General, acting 
through the Ombudsman of the Office of Crime Victims’ 
Rights, may award a grant to an eligible nonprofit entity 
or tribal organization, in order to provide for the establish-
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ment and operation of a national resource center on crime 
victims’ rights. The resource center shall provide informa-
tion and assistance to lawyers and organizations that pro-
vide legal assistance to aid in efforts to advocate for crime 
victims’ rights in Federal jurisdictions and in States and 
tribal jurisdictions that have laws substantially similar to 
the provisions of section 3771 of title 18, United States 
Code. 
(b) APPLICATIONS.—To be eligible to receive a grant 
under this section, an entity or organization shall submit 
an application to the Attorney General at such time, in 
such manner, and containing such information as the At-
torney General may require, including information that 
demonstrates that the entity or organization has nation-
ally recognized expertise in the area of crime victims’ 
rights. 
(c) USE OF GRANT AMOUNT.—An entity or organiza-
tion that receives a grant under this section may use the 
funds made available through the grant for staff salaries, 
travel expenses, equipment, printing, and other reasonable 
expenses necessary to develop, maintain, and disseminate 
to lawyers and organizations described in subsection (a), 
information and assistance concerning legal representation 
to assist victims of a crime. 
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(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated from the general fund of 
the Treasury to carry out this section $1,500,000 for each 
of fiscal years 2022 through 2026. 
(e) AVAILABILITY OF GRANT FUNDS.—Funds appro-
priated under this section shall remain available until ex-
pended. 
SEC. 6. STREAMLINING VICTIM NOTIFICATION. 
Section 3664(d) of title 18, United States Code, is 
amended— 
(1) in paragraph (2), by striking ‘‘The proba-
tion officer’’ and inserting ‘‘Subject to paragraph 
(7), the probation officer’’; and 
(2) by adding at the end the following: 
‘‘(7) Paragraph (2) shall not apply if an officer 
or employee of the Department of Justice or other 
department or agency of the United States provides 
to a victim notice and an affidavit form under sec-
tion 3771(c)(1) before the probation officer submits 
a presentence report under subsection (a).’’. 
Æ 
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