Title: Courtney Wild Crime Victims' Rights Reform Act of 2019
Policy area: Crime and Law Enforcement

Summary:
Courtney Wild Crime Victims' Rights Reform Act of 2019
This bill expands the rights of crime victims, including by allowing victims to make motions to annul or rescind prosecutorial agreements, providing for attorneys' fees for victims who prevail against the United States in enforcement actions, and permitting victims to bring civil actions to enforce restitution orders. It also requires the Department of Justice to take specified actions to ensure the rights of victims.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4729 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 4729

    To protect the rights of crime victims, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 17, 2019

Ms. Speier (for herself, Mr. Brooks of Alabama, Ms. Frankel, Mr. Perry, 
   Mrs. Bustos, Ms. Castor of Florida, Mr. Cisneros, Mr. Cohen, Mrs. 
  Dingell, Ms. Norton, Mr. Ryan, Mrs. Torres of California, and Mrs. 
   Wagner) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To protect the rights of crime victims, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 2019''.

SEC. 2. CRIME VICTIMS' RIGHTS.

    Section 3771 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (5), by striking ``Government in 
                the case'' and inserting ``the Government, including 
                the right to confer about any plea bargain or other 
                resolution of the case before such plea bargain or 
                resolution is presented to the court or otherwise 
                finalized''; and
                    (B) in paragraph (9), by striking ``or deferred 
                prosecution agreement'' and inserting ``deferred 
                prosecution agreement, nonprosecution agreement, or the 
                referral of a criminal investigation to another 
                Federal, State, or local law enforcement entity. In the 
                case of a nonprosecution agreement or referral of a 
                criminal investigation to another law enforcement 
                entity, upon a showing of good cause, which shall be 
                based upon public safety and the needs of related 
                ongoing prosecutions, the victim may be required to 
                maintain the confidentiality of any nonpublic 
                information disclosed to the victim. Any such duty of 
                confidentiality may not be greater than that of the 
                Government or the defendant. The Attorney General may 
                assess a civil penalty for any breach of 
                confidentiality under this section, after notice and an 
                opportunity for a hearing, of not more than $500 for 
                each violation.'';
            (2) in subsection (c)(1), by inserting after the period at 
        the end the following: ``If a dispute arises about whether the 
        officers and employees have made such best efforts, the 
        Department of Justice shall promptly provide to the victim and, 
        if requested, to the court reviewing the issue all relevant 
        information and documents concerning the circumstances, 
        including steps taken to comply with this subsection.'';
            (3) in subsection (d)--
                    (A) in paragraph (1), by inserting after ``the 
                Government'' the following: ``with the informed consent 
                of the victim, the Government (including a Special 
                Victims' Advocate appearing pursuant to paragraph 
                (8))'';
                    (B) in paragraph (2), by inserting after the period 
                at the end the following: ``The procedure fashioned by 
                the court under this paragraph shall have no effect on 
                the duty of officers and employees of the Government to 
                make their best efforts to accord crime victims the 
                rights described in subsection (a).'';
                    (C) in paragraph (3), by striking ``forthwith'' and 
                inserting ``forthwith, and the Government shall provide 
                promptly to the Court all information and documents 
                relevant to the assertion of the right'';
                    (D) by amending paragraph (5) to read as follows:
            ``(5) Re-opening proceedings.--
                    ``(A) In no case shall a failure to afford a right 
                under this chapter provide grounds for a new trial.
                    ``(B) A victim who received reasonable notice of 
                the relevant proceedings may make a motion to re-open a 
                plea or sentence only if--
                            ``(i) the victim has asserted the right to 
                        be heard before or during the proceeding at 
                        issue and such right was denied;
                            ``(ii) the victim petitions the court of 
                        appeals for a writ of mandamus within 30 days; 
                        and
                            ``(iii) in the case of a plea, the accused 
                        has not pled to the highest offense charged.
                    ``(C) A victim may bring a motion to re-open a plea 
                or sentence, not later than 180 days after the relevant 
                proceeding, upon the basis that the victim was not able 
                to assert the right to be heard during the proceeding 
                because the victim did not have reasonable and timely 
                notice of the proceeding.'';
                    (E) by redesignating paragraph (6) as paragraph 
                (10); and
                    (F) by inserting after paragraph (5) the following:
            ``(6) Motion to annul prosecutorial agreements.--A crime 
        victim may make a motion to rescind a deferred prosecution or 
        may bring an action in the district court to annul a 
        nonprosecution agreement based upon a showing by clear and 
        convincing evidence that the Government violated the rights 
        provided for crime victims in this section.
            ``(7) Remedies.--For proceedings under paragraphs (5) and 
        (6), upon a finding that a victim's rights have been violated, 
        the court shall impose a just and appropriate remedy to address 
        such violation. In determining the appropriate remedy, the 
        court may convene a hearing for victim impact statements, and 
        consider the testimony at any such hearing.
            ``(8) Special victims' advocate.--The National Coordinator 
        may appear in a criminal action as a Special Victims' Advocate 
        to protect the rights of crime victims in this section.
            ``(9) 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, 
        United States Code.'';
            (4) in subsection (e)(2)(A), by striking ``the commission 
        of a'' and inserting ``a suspected, alleged, charged, or 
        convicted''; and
            (5) by striking subsection (f).

SEC. 3. DEPARTMENT OF JUSTICE OFFICIALS RESPONSIBLE FOR ENSURING 
              VICTIMS' RIGHTS.

    (a) In General.--Chapter 237 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3772. Office of the National Coordinator for Victims' Rights
    ``(a) Establishment.--There is established within the Office of the 
Deputy Attorney General of the Department of Justice, the Office of the 
National Coordinator for Victims' Rights, headed by the National 
Coordinator for Victims' Rights (in this section referred to as the 
`National Coordinator'), for the purpose of reviewing determinations of 
the Ombudsman, monitoring and appearing in court proceedings as Special 
Victim's Advocate to protect the rights of victims, and developing 
standards for treatment of victims.
    ``(b) Duties.--The National Coordinator shall have the following 
duties:
            ``(1) Revisions.--Not less than once every 2 years, the 
        National Coordinator, in consultation with the Ombudsman, the 
        Director of the Office of Violence Against Women, the Director 
        of the Federal Bureau of Investigation, the litigating 
        components of the Department of Justice, and victims' rights 
        and services groups, shall review and, if necessary, recommend 
        the revision of the rules issued by the Attorney General under 
        section 3774.
            ``(2) Advocate.--The National Coordinator may appear before 
        the court and act as a Special Victims' Advocate, either upon 
        receiving a request from the Ombudsman pursuant to section 
        3773(b)(5), upon a request from a prosecutor, or in the 
        discretion of the National Coordinator based on the 
        circumstances.
            ``(3) Training.--The National Coordinator shall coordinate 
        a mandatory course of training on the treatment of crime 
        victims for each officer or employee of the Department of 
        Justice who interacts with crime victims as a part of their 
        official duties.
            ``(4) Sanctions.--The National Coordinator may apply 
        disciplinary sanctions, including suspension or termination 
        from employment and delay of promotion on the General Schedule 
        or other relevant pay schedule, for officers and employees of 
        the Department of Justice who fail to comply with section 
        3771(a) or section 503 of the Victims' Rights and Restitution 
        Act of 1990 (34 U.S.C. 20141).
            ``(5) Minimum requirements.--The National Coordinator shall 
        develop best practices for protecting the rights of crime 
        victims, which may exceed the minimum legal requirements set 
        forth in this chapter and shall be relevant to determining 
        whether an officer or employee of the Department of Justice has 
        made best efforts to ensure that crime victims are notified of, 
        and accorded, the rights described in section 3771(a) or 
        section 503 of the Victims' Rights and Restitution Act of 1990 
        (34 U.S.C. 20141).
    ``(c) Award.--
            ``(1) In general.--The National Coordinator may, upon a 
        final determination that an officer or employee of the 
        Department of Justice intentionally violated the rights of a 
        victim, award the victim not more than $15,000, to be paid out 
        of the fund described in section 1304 of title 31.
            ``(2) Supplemental.--The award payable under this 
        subsection shall be in addition to any other restitution or 
        recovery to which the crime victim is entitled as a result of 
        the crime.
``Sec. 3773. Office of Crime Victims' Rights
    ``(a) Establishment.--There is established within the Executive 
Office for United States Attorneys of the Department of Justice, the 
Office of Crime Victims' Rights, headed by the Crime Victims' Rights 
Ombudsman (in this section referred to as the `Ombudsman'), for the 
purposes of--
            ``(1) receiving, coordinating investigations of, and 
        adjudicating complaints relating to a violation of the rights 
        of a crime victim; and
            ``(2) serving as a central resource for information and 
        contact in the Department of Justice for crime victims.
    ``(b) Duties.--The Ombudsman shall have the following duties:
            ``(1) Complaint submission system.--The Ombudsman shall 
        develop a streamlined system for submitting complaints to the 
        Ombudsman electronically and by mail.
            ``(2) Points of contact.--The Ombudsman shall appoint a 
        point of contact for each office of the Department of Justice 
        and mandate annual training for each point of contact on the 
        requirements and expectations of Department of Justice officers 
        and employees with respect to the rights of crime victims.
            ``(3) Complaint process.--The Ombudsman shall establish, in 
        coordination with the National Coordinator, a process for the 
        Ombudsman--
                    ``(A) to directly receive any complaint from crime 
                victims for violations of their rights under section 
                3771(a) or section 503 of the Victims' Rights and 
                Restitution Act of 1990 (34 U.S.C. 20141) by an officer 
                or employee of the Department of Justice and to refer 
                the complaint to the point of contact at each relevant 
                office for investigation, initial findings, and 
                recommendations;
                    ``(B) in the case that the point of contact has a 
                conflict of interest, to refer the complaint to another 
                officer in a relevant office to address the complaint, 
                who shall be designated as the point of contact with 
                respect to that complaint;
                    ``(C) to provide the complainant an opportunity to 
                be heard by the point of contact and respond to initial 
                findings of the point of the contact;
                    ``(D) to review the findings and recommendations of 
                the point of contact; and
                    ``(E) to, not later than 90 days after receipt of a 
                complaint--
                            ``(i) make a final determination based on 
                        the findings and recommendations of the point 
                        of contact on whether there was any violation 
                        of the rights of the crime victim; and
                            ``(ii) in the case that there is a 
                        violation, identify each officer or employee 
                        responsible for the violation, the severity of 
                        the violation, and any relief or disciplinary 
                        sanction to be imposed.
            ``(4) Report determinations.--The Ombudsman shall report to 
        the complainant the determinations made under paragraph (3), 
        after which the complainant shall have an opportunity to appeal 
        to the National Coordinator, except in a case in which the 
        complaint concerns the conduct of the National Coordinator, in 
        which case the appeal shall be to the Attorney General or a 
        designee of the Attorney General. Whether or not there is an 
        appeal, the Ombudsman shall refer the determinations to the 
        National Coordinator for final review and approval and 
        application of any disciplinary sanctions or award.
            ``(5) Appoint advocate.--
                    ``(A) Request.--The Ombudsman shall develop a 
                process by which victims may submit a request for the 
                National Coordinator to appear before the court and act 
                as a Special Victims' Advocate.
                    ``(B) Referral.--The Ombudsman shall refer to the 
                National Coordinator any request received pursuant to 
                the process developed under subparagraph (A).
            ``(6) Complaint period.--A victim of a crime may submit a 
        complaint under this subsection ending on the date that is 1 
        year after the victim learns of a violation of their rights 
        under section 3771(a) or section 503 of the Victims' Rights and 
        Restitution Act of 1990 (34 U.S.C. 20141) by an officer or 
        employee of the Department of Justice or 2 years after the 
        actual violation, whichever is later, except that the National 
        Coordinator may extend such date if the National Coordinator 
        determines an extension to be necessary to accord the victim of 
        a crime their rights upon a showing of good cause.
``Sec. 3774. General provisions
    ``(a) Rule Making.--The Attorney General shall issue such rules as 
may be necessary to carry out this chapter.
    ``(b) Reports to Congress.--
            ``(1) In general.--The Attorney General shall submit to 
        Congress a report on--
                    ``(A) significant steps taken to improve the 
                Department's best efforts to accord crime victims their 
                rights;
                    ``(B) the number of complaints filed with the 
                Ombudsman and the outcome of those complaints 
                (including any disciplinary action); and
                    ``(C) a list of all cases in which a court has 
                determined that there has been a failure to accord 
                crime victims their rights and the best efforts made by 
                officers and employees of the Department of Justice in 
                each case.
            ``(2) Annual and biannual reports.--The report described in 
        paragraph (1) shall be submitted not later than 1 year after 
        the date of enactment of this section and--
                    ``(A) annually thereafter for a period of 2 years; 
                and
                    ``(B) biannually after the end of the period 
                described in subparagraph (A).''.
    (b) Clerical Amendment.--The table of sections for chapter 237 of 
title 18, United States Code, is amended by adding at the end the 
following:

``3772. Office of the National Coordinator for Victims' Rights.
``3773. Office of Crime Victims' Rights.
``3774. General provisions.''.
    (c) Judicial Training on the Rights of Crime Victims.--Not later 
than 1 year after the date of enactment of this Act, the Director of 
the Federal Judicial Center shall, in consultation with victims' rights 
and services groups--
            (1) create a guidebook for Federal judges and judicial 
        employees explaining legal requirements regarding 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 addition to funds made 
available under section 1402(d), there are authorized to be 
appropriated to carry out this section $13,000,000 for each of fiscal 
years 2021, 2022, 2023, 2024, and 2025.''.

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 establishment and operation of a national resource center on 
crime victims' rights. The resource center shall provide information 
and assistance to lawyers and organizations that provide 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 Attorney General may require, including information 
that demonstrates that the entity or organization has nationally 
recognized expertise in the area of crime victims' rights.
    (c) Use of Grant Amount.--An entity or organization 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.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,500,000 for each of fiscal 
years 2021 through 2025.
    (e) Availability of Grant Funds.--Funds appropriated under this 
section shall remain available until expended.

SEC. 6. STREAMLINING VICTIM NOTIFICATION.

    Section 3664(d) of title 18, United States Code, is amended--
            (1) in paragraph (2), by striking ``The probation 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 section 3771(c)(1) before the probation 
        officer submits a presentence report under subsection (a).''.

SEC. 7. IMPROVEMENTS FOR ORDERS OF RESTITUTION.

    (a) Changes in Procedures for Orders of Restitution.--Section 3664 
of title 18, United States Code, is amended--
            (1) in subsection (d)(2)(A)(v), by striking ``(B)'' and 
        inserting ``(D)'';
            (2) in subsection (f)(2)--
                    (A) by inserting ``the amount owed, that this 
                amount is payable immediately, and'' after ``order''; 
                and
                    (B) by striking ``, and the schedule according to 
                which,'';
            (3) in subsection (f)(3), by amending subparagraph (B) to 
        read as follows:
                    ``(B) Notwithstanding any payment schedule entered 
                by the court, each order of restitution shall be a 
                civil debt, payable immediately, and subject to the 
                enforcement procedures provided in this section. No 
                payment schedule imposed by the court shall preclude 
                the United States from enforcing an order of 
                restitution pursuant to this section, nor shall any 
                payment schedule imposed by the court preclude 
                collection pursuant to the Bureau of Prisons' Inmate 
                Financial Responsibility Program.'';
            (4) in subsection (k), by striking the last sentence;
            (5) in subsection (m), by amending paragraph (1) to read as 
        follows:
            ``(1) An order of restitution may be enforced as follows:
                    ``(A) An order may be enforced through civil 
                practices and procedures before the liability for 
                restitution is satisfied, remitted, set aside, or 
                terminated under section 3613.
                    ``(B) An order may be enforced by the United States 
                in the manner provided for in subchapter C of chapter 
                227 and subchapter B of chapter 229 of this title.
                    ``(C) An order may be enforced by any victim named 
                in the restitution order in accordance with section 
                1962 of title 28. At the request of a victim named in a 
                restitution order, the clerk of the court shall issue 
                an abstract of judgment certifying that a judgment has 
                been entered in favor of such victim in the amount 
                specified in the restitution order. Upon registering, 
                recording, docketing, or indexing such abstract in 
                accordance with the rules and requirements relating to 
                judgments of the court of the State where the district 
                court is located, the abstract of judgment shall be a 
                lien on the property of the defendant located in such 
                State in the same manner and to the same extent and 
                under the same conditions as a judgment of a court of 
                general jurisdiction in that State.''; and
            (6) by inserting after subsection (p) the following:
    ``(q) Upon motion of the Government or petition by the probation 
office, the court shall conduct a hearing to determine whether the 
defendant has knowingly refused to make a restitution payment. If the 
court finds that the defendant is in default, the court may take any 
action described in sections 3613A and 3614 of this title, to obtain 
compliance with the order of restitution or to sanction the defendant 
for knowing refusal to pay.''.
    (b) Expansion of Civil Remedies for Orders of Restitution.--Section 
3613 of title 18, United States Code, is amended--
            (1) in the section heading, by inserting ``or restitution'' 
        after ``fine'';
            (2) in subsection (a), by inserting ``or restitution'' 
        after ``fine'' each place it appears;
            (3) in subsection (b)--
                    (A) by inserting ``or restitution'' after ``fine''; 
                and
                    (B) by inserting ``or ordered to pay restitution'' 
                after ``fined'' each place it appears; and
            (4) in subsection (e), by inserting ``or restitution'' 
        after ``fine''.
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