Homicide Victims' Families' Rights Act of 2021
Bill: H.R.3359 | Sponsor: Rep. Swalwell, Eric (D-CA)
Policy area: Crime and Law Enforcement

Summary:
Homicide Victims' Families' Rights Act of 2021
This bill establishes a framework for immediate family members of a victim of murder under federal law to request a review of the victim's case file if the murder was committed more than three years prior, the murder was investigated by a federal law enforcement entity, all probative investigative leads have been exhausted, and no likely perpetrator has been identified.

[117th Congress Public Law 164]
[From the U.S. Government Publishing Office]



[[Page 1357]]

             HOMICIDE VICTIMS' FAMILIES' RIGHTS ACT OF 2021

[[Page 136 STAT. 1358]]

Public Law 117-164
117th Congress

                                 An Act


 
   To provide for a system for reviewing the case files of cold case 
       murders at the instance of certain persons, and for other 
            purposes. <<NOTE: Aug. 3, 2022 -  [H.R. 3359]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Homicide 
Victims' Families' Rights Act of 2021.>> 
SECTION 1. <<NOTE: 34 USC 10101 note.>>  SHORT TITLE.

    This Act may be cited as the ``Homicide Victims' Families' Rights 
Act of 2021''.
SEC. 2. <<NOTE: 34 USC 60901.>>  CASE FILE REVIEW.

    (a) <<NOTE: Determination.>>  In General.--The head of an agency 
shall review the case file regarding a cold case murder upon written 
application by one designated person to determine if a full 
reinvestigation would result in either the identification of probative 
investigative leads or a likely perpetrator.

    (b) Review.--The review under subsection (a) shall include--
            (1) <<NOTE: Analysis.>>  an analysis of what investigative 
        steps or follow-up steps may have been missed in the initial 
        investigation;
            (2) <<NOTE: Assessment.>>  an assessment of whether 
        witnesses should be interviewed or reinterviewed;
            (3) <<NOTE: Examination.>>  an examination of physical 
        evidence to see if all appropriate forensic testing and analysis 
        was performed in the first instance or if additional testing 
        might produce information relevant to the investigation; and
            (4) <<NOTE: Update.>>  an update of the case file using the 
        most current investigative standards as of the date of the 
        review to the extent it would help develop probative leads.

    (c) Certification in Lieu of Review.--In any case in which a written 
application for review has been received under this Act by the agency, 
review shall be unnecessary where the case does not satisfy the criteria 
for a cold case murder. <<NOTE: Records.>>  In such a case, the head of 
the agency shall issue a written certification, with a copy provided to 
the designated person that made the application under subsection (a), 
stating that final review is not necessary because all probative 
investigative leads have been exhausted or that a likely perpetrator 
will not be identified.

    (d) Reviewer.--A review required under subsection (a) shall not be 
conducted by a person who previously investigated the murder at issue.
    (e) Acknowledgment.--The agency shall provide in writing to the 
applicant as soon as reasonably possible--
            (1) confirmation of the agency's receipt of the application 
        under subsection (a); and
            (2) <<NOTE: Notice.>>  notice of the applicant's rights 
        under this Act.

[[Page 136 STAT. 1359]]

    (f) Prohibition on Multiple Concurrent Reviews.--Only one case 
review shall be undertaken at any one time with respect to the same cold 
case murder victim.
    (g) <<NOTE: Deadline.>>  Time Limit.--Not later than 6 months after 
the receipt of the written application submitted pursuant to subsection 
(a), the agency shall conclude its case file review and reach a 
conclusion about whether or not a full reinvestigation under section 4 
is warranted.

    (h) Extensions.--
            (1) <<NOTE: Time period.>>  In general.--The agency may 
        extend the time limit under subsection (g) once for a period of 
        time not to exceed 6 months if the agency makes a finding that 
        the number of case files to be reviewed make it impracticable to 
        comply with such limit without unreasonably taking resources 
        from other law enforcement activities.
            (2) <<NOTE: Notice.>>  Actions subsequent to waiver.--For 
        cases for which the time limit in subsection (g) is extended, 
        the agency shall provide notice and an explanation of its 
        reasoning to one designated person who filed the written 
        application pursuant to this section.
SEC. 3. <<NOTE: 34 USC 60902.>>  APPLICATION.

    Each agency shall develop a written application to be used for 
designated persons to request a case file review under section 2.
SEC. 4. <<NOTE: 34 USC 60903.>>  FULL REINVESTIGATION.

    (a) In General.--The agency shall conduct a full reinvestigation of 
the cold case murder at issue if the review of the case file required by 
section 2 concludes that a full reinvestigation of such cold case murder 
would result in probative investigative leads.
    (b) <<NOTE: Analyses.>>  Reinvestigation.--A full reinvestigation 
shall include analyzing all evidence regarding the cold case murder at 
issue for the purpose of developing probative investigative leads or a 
likely perpetrator.

    (c) Reviewer.--A reinvestigation required under subsection (a) shall 
not be conducted by a person who previously investigated the murder at 
issue.
    (d) Prohibition on Multiple Concurrent Reviews.--Only one full 
reinvestigation shall be undertaken at any one time with respect to the 
same cold case murder victim.
SEC. 5. <<NOTE: 34 USC 60904.>>  CONSULTATION AND UPDATES.

    (a) In General.--The agency shall consult with the designated person 
who filed the written application pursuant to section 2 and provide him 
or her with periodic updates during the case file review and full 
reinvestigation.
    (b) Explanation of Conclusion.--The agency shall meet with the 
designated person and discuss the evidence to explain to the designated 
person who filed the written application pursuant to section 2 its 
decision whether or not to engage in the full reinvestigation provided 
for under section 4 at the conclusion of the case file review.
SEC. 6. <<NOTE: Time periods. 34 USC 60905.>>  SUBSEQUENT REVIEWS.

    (a) Case File Review.--If a review under subsection (a) case file 
regarding a cold case murder is conducted and a conclusion is reached 
not to conduct a full reinvestigation, no additional case

[[Page 136 STAT. 1360]]

file review shall be required to be undertaken under this Act with 
respect to that cold case murder for a period of five years, unless 
there is newly discovered, materially significant evidence. An agency 
may continue an investigation absent a designated person's application.
    (b) Full Reinvestigation.--If a full reinvestigation of a cold case 
murder is completed and a suspect is not identified at its conclusion, 
no additional case file review or full reinvestigation shall be 
undertaken with regard to that cold case murder for a period of five 
years beginning on the date of the conclusion of the reinvestigation, 
unless there is newly discovered, materially significant evidence.
SEC. 7. <<NOTE: 34 USC 60906.>>  DATA COLLECTION.

    (a) <<NOTE: Effective date. Publication.>>  In General.--Beginning 
on the date that is three years after the date of enactment of this Act, 
and annually thereafter, the Director of the National Institute of 
Justice shall publish statistics on the number of cold case murders.

    (b) Manner of Publication.--The statistics published pursuant to 
subsection (a) shall, at a minimum, be disaggregated by the 
circumstances of the cold case murder, including the classification of 
the offense, and by agency.
SEC. 8. <<NOTE: 34 USC 60907.>>  PROCEDURES TO PROMOTE COMPLIANCE.

    (a) <<NOTE: Deadline.>>  Regulations.--Not later than one year after 
the date of enactment of this Act, the head of each agency shall 
promulgate regulations to enforce the right of a designated person to 
request a review under this Act and to ensure compliance by the agency 
with the obligations described in this Act.

    (b) Procedures.--The regulations promulgated under subsection (a) 
shall--
            (1) <<NOTE: Designation.>>  designate an administrative 
        authority within the agency to receive and investigate 
        complaints relating to a review initiated under section 2 or a 
        reinvestigation initiated under section 4;
            (2) <<NOTE: Requirement.>>  require a course of training for 
        appropriate employees and officers within the agency regarding 
        the procedures, responsibilities, and obligations required under 
        this Act;
            (3) contain disciplinary sanctions, which may include 
        suspension or termination from employment, for employees of the 
        agency who are shown to have willfully or wantonly failed to 
        comply with this Act;
            (4) provide a procedure for the resolution of complaints 
        filed by the designated person concerning the agency's handling 
        of a cold case murder investigation or the case file evaluation; 
        and
            (5) provide that the head of the agency, or the designee 
        thereof, shall be the final arbiter of the complaint, and that 
        there shall be no judicial review of the final decision of the 
        head of the agency by a complainant.
SEC. 9. <<NOTE: 34 USC 60908.>>  WITHHOLDING INFORMATION.

    Nothing in this Act shall require an agency to provide information 
that would endanger the safety of any person, unreasonably impede an 
ongoing investigation, violate a court order, or violate legal 
obligations regarding privacy.
      

[[Page 136 STAT. 1361]]

SEC. 10. <<NOTE: 34 USC 60909.>>  MULTIPLE AGENCIES.

     <<NOTE: Coordination.>> In the case that more than one agency 
conducted the initial investigation of a cold case murder, each agency 
shall coordinate their case file review or full reinvestigation such 
that there is only one joint case file review or full reinvestigation 
occurring at a time in compliance with section 2(f) or 4(d), as 
applicable.
SEC. 11. <<NOTE: 34 USC 60910.>>  APPLICABILITY.

    This Act applies in the case of any cold case murder occurring on or 
after January 1, 1970.
SEC. 12. <<NOTE: 34 USC 60911.>>  DEFINITIONS.

    In this Act:
            (1) The term ``designated person'' means an immediate family 
        member or someone similarly situated, as defined by the Attorney 
        General.
            (2) The term ``immediate family member'' means a parent, 
        parent-in-law, grandparent, grandparent-in-law, sibling, spouse, 
        child, or step-child of a murder victim.
            (3) The term ``victim'' means a natural person who died as a 
        result of a cold case murder.
            (4) The term ``murder'' means any criminal offense under 
        section 1111(a) of title 18, United States Code, or any offense 
        the elements of which are substantially identical to such 
        section.
            (5) The term ``agency'' means a Federal law enforcement 
        entity with jurisdiction to engage in the detection, 
        investigation, or prosecution of a cold case murder.
            (6) The term ``cold case murder'' means a murder--
                    (A) committed more than three years prior to the 
                date of an application by a designated person under 
                section 2(a);
                    (B) previously investigated by a Federal law 
                enforcement entity;
                    (C) for which all probative investigative leads have 
                been exhausted; and
                    (D) for which no likely perpetrator has been 
                identified.
SEC. 13. <<NOTE: 34 USC 60912.>>  ANNUAL REPORT.

    (a) In General.--Each agency shall submit an annual report to the 
Committees on the Judiciary of the House of Representatives and of the 
Senate describing actions taken and results achieved under this Act 
during the previous year.
    (b) Report Described.--The report described in subsection (a) shall 
include--
            (1) the number of written applications filed with the agency 
        pursuant to section 2(a);
            (2) the number of extensions granted, and an explanation of 
        reasons provided under section 2(h);
            (3) the number of full reinvestigations initiated and closed 
        pursuant to section 4; and
            (4) <<NOTE: Data.>>  statistics and individualized 
        information on topics that include identified suspects, arrests, 
        charges, and convictions

[[Page 136 STAT. 1362]]

        for reviews under section 2 and reinvestigations under section 
        4.

    Approved August 3, 2022.

LEGISLATIVE HISTORY--H.R. 3359:
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HOUSE REPORTS: No. 117-280 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 168 (2022):
            Mar. 28, 29, considered and passed House.
            July 25, considered and passed Senate.

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