eral crime of violence (as defined in section 16 of title 18,
United States Code) shall have the following rights:
(1) To notice of, and not to be excluded from,
all public proceedings relating to the offense.
(2) To be heard, if present, and to submit a
written statement at all public proceedings, relating
to the offense, to determine a release from custody,
an acceptance of a negotiated plea, or a sentence.
(3) To the rights described in the preceding
portion of this section at a parole proceeding that is
not public, to the extent those rights are afforded to
the convicted offender.
(4) To notice of any release or escape from cus-
tody relating to the offense.
(5) To seek relief from an unreasonable delay
of the final disposition of the proceedings relating to
the offense.
(6) To an order of restitution from the con-
victed offender pursuant to law.
(7) To consideration for the safety of the victim
in determining any release from custody.
(8) To notice of the rights established by this
section.
(9) The right to be treated with fairness and
with respect for the victim’s dignity and privacy.
(10) The right to confer with the attorney for
the Government in the case.
(b) AFFECTED PROCEEDINGS.—The rights estab-
lished by this section shall apply in—
(1) Federal criminal proceedings (other than
military criminal proceedings), including juvenile
justice proceedings;
(2) collateral proceedings such as habeas cor-
pus; and
(3) similar proceedings in the courts of any dis-
trict or territory of the United States not within a
State.
(c) REMEDIES.—
(1) STANDING.—The victim shall have standing
in the proceeding to assert the rights established by
this section.
(2) DISCIPLINARY PROCEEDINGS.—A knowing
violation of a right provided in subsection (a) shall
be grounds for disciplinary proceedings by the ap-
propriate Federal governmental and professional dis-
ciplinary authorities.
(3) CONTEMPT.—A knowing violation of a right
provided in subsection (a) may be treated by the
court having jurisdiction as a contempt of court.
(4) JUDICIAL
REMEDIES.—This section does
not create a cause of action or defense in favor of
any person arising out of the failure to accord to a
victim a right provided in subsection (a), and noth-
ing in this section—
(A) provides grounds for the victim to
overturn a charging decision, a conviction, or a
sentence; to obtain a stay of trial; or to compel
a new trial; or
(B) provides grounds for the accused or
convicted offender to obtain any form of relief.
SEC. 3. EXCEPTIONS AND LIMITATIONS.
(a) EXCEPTIONS.—The rights provided under section
2 do not apply—
(1) to informing victims about the release of an
alleged or convicted offender—
(A) to go under cover to gather evidence
on behalf of law enforcement authorities; or
(B) to participate in a witness protection
program;
(2) to the extent that the court—
(A) determines with respect to a right that
the number of victims is so great as unreason-
ably to delay the proceedings if that right were
accorded to each of them; and
(B) takes reasonable measures to allow
that right to be exercised by representative vic-
tims; or
(3) if the responsible official determines the vic-
tim is a suspect in the case.
(b) LIMITATIONS.—
(1) RIGHT TO NOTICE; WHEN VIOLATED.—The
rights to notice under this Act are not violated if the
proper authorities make a reasonable effort, but are
unable to provide the notice, or if the failure of the
victim to make a reasonable effort to make those au-
thorities aware of the victim’s whereabouts prevents
that notice.
(2) RIGHT
TO
COUNSEL
FOR
VICTIMS.—This
Act does not create any right to counsel at public ex-
pense for any victim.
(3) RIGHTS OF VICTIMS OF UNCHARGED OF-
FENSES.—The decision to charge a defendant with
an offense shall not be construed to make the rights
under section 2(a) apply to a victim of any related,
but uncharged, offense.
SEC. 4. RESPONSIBILITY FOR IMPLEMENTATION.
(a) DESIGNATION
OF RESPONSIBLE OFFICIALS.—
The courts, and the head of each department and agency
of the United States engaged in the detection, investiga-
tion, prosecution, or adjudication of crimes to which this
Act applies, shall designate by names and office titles the
persons who will be responsible for identifying the victims
of crime, assuring the implementation of the rights pro-
vided in section 2, and performing the services described
in subsection (c), at each stage of a criminal case.
(b) IDENTIFICATION OF VICTIMS.—At the earliest
opportunity after the detection of a crime at which it may
be done without interfering with an investigation, a re-
sponsible official shall—
(1) identify the victim or victims of a crime;
(2) inform the victims of their right to receive,
on request, the services described in subsection (c);
and
(3) inform each victim of the name, title, and
business address and telephone number of the re-
sponsible official to whom the victim should address
a request for each of the services described in sub-
section (c).
(c) DESCRIPTION OF SERVICES.—(1) A responsible
official shall—
(A) inform a victim of the place where the vic-
tim may receive emergency medical and social serv-
ices;
(B) inform a victim of any restitution or other
relief to which the victim may be entitled under this
or any other law and manner in which such relief
may be obtained;
(C) inform a victim of public and private pro-
grams that are available to provide counseling, treat-
ment, and other support to the victim; and
(D) assist a victim in contacting the persons
who are responsible for providing the services and
relief described in subparagraphs (A), (B), and (C).
(2) A responsible official shall arrange for a victim
to receive reasonable protection from a suspected offender
and persons acting in concert with or at the behest of the
suspected offender.
(3) During the investigation and prosecution of a
crime, a responsible official shall provide a victim the earli-
est possible notice of—
(A) the status of the investigation of the crime,
to the extent it is appropriate to inform the victim
and to the extent that it will not interfere with the
investigation;
(B) the arrest of a suspected offender;
(C) the filing of charges against a suspected of-
fender;
(D) the scheduling of each court proceeding
that the victim is either required to attend or, under
section 2, is entitled to attend;
(E) the release or detention status of an of-
fender or suspected offender;
(F) the acceptance of a plea of guilty or nolo
contendere or the rendering of a verdict after trial;
and
(G) the sentence imposed on an offender, in-
cluding the date on which the offender will be eligi-
ble for parole.
(4) During court proceedings, a responsible official
shall ensure that a victim is provided a waiting area re-
moved from and out of the sight and hearing of the de-
fendant and defense witnesses.
(5) After trial, a responsible official shall provide a
victim the earliest possible notice of—
(A) the scheduling of a parole hearing for the
offender;
(B) the escape, work release, furlough, or any
other form of release from custody of the offender;
and
(C) the death of the offender, if the offender
dies while in custody.
(6) At all times, a responsible official shall ensure
that any property of a victim that is being held for evi-
dentiary purposes be maintained in good condition and re-
turned to the victim as soon as it is no longer needed for
evidentiary purposes.
(7) The Attorney General or the head of another de-
partment or agency that conducts an investigation of a
sexual assault shall pay, either directly or by reimburse-
ment of payment by the victim, the cost of a physical ex-
amination of the victim which an investigating officer de-
termines was necessary or useful for evidentiary purposes.
(8) A responsible official shall provide the victim with
general information regarding the corrections process, in-
cluding information about work release, furlough, proba-
tion, and eligibility for each.
(d) REMEDIES.—
(1) DISCIPLINARY
PROCEEDINGS.—A pattern
and practice of knowing failures to provide the serv-
ice described in subsection (c) shall be grounds for
disciplinary proceedings by the appropriate Federal
governmental and professional disciplinary authori-
ties.
(2) NO CAUSE OF ACTION OR DEFENSE.—This
section does not create a cause of action or defense
in favor of any person arising out of the failure of
a responsible person to provide information as re-
quired by subsection (b) or (c).
SEC. 5. DEFINITIONS.
For the purposes of this Act—
(1) the term ‘‘responsible official’’ means a per-
son designated pursuant to section 4(a) to perform
the functions of a responsible official under that sec-
tion; and
(2) the term ‘‘victim’’ means a person (but not
including any governmental entity) that has suffered
direct physical, emotional, or pecuniary harm as a
result of the commission of a crime, including—
(A) in the case of a victim that is an insti-
tutional entity, an authorized representative of
the entity; and
(B) in the case of a victim who is under
18 years of age, incompetent, incapacitated, or
deceased, one of the following (in order of pref-
erence):
(i) A spouse.
(ii) A legal guardian.
(iii) A parent.
(iv) A child.
(v) A sibling.
(vi) Another family member.
(vii) Another person designated by the
court.
SEC. 6. CONFORMING REPEAL.
Sections 502 and 503 of the Crime Control Act of
1990 (42 U.S.C. 10606 and 10607) are repealed.
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