Justice for Victims of Confidential Informant Crime Act of 2017

Bill: 115-hr-1856
Sponsor: full_name: Rep. Lynch, Stephen F. [D-MA-8]
Introduced: 2017-04-03
Policy area: Law
Subjects: Crime victims

Criminal investigation, prosecution, interrogation

Government liability

Judicial procedure and administration
Latest action: action_date: 2017-04-24
text: Referred to the Subcommittee on the Constitution and Civil Justice.

Summaries:
action_date: 2017-04-03
action_desc: Introduced in House
text: <p><b>Justice for Victims of Confidential Informant Crime Act of 2017</b></p> <p>This bill amends the federal judicial code to extend to three years and six months the period within which a tort claim against the United States must be presented in writing to a federal agency when the claim arises out of a government employee's conduct with respect to the criminal misconduct of a government informant. (Current law bars all tort claims against the United States that are not presented within two years after the claim accrues.)</p> <p>The extension applies retroactively to any such claim that: (1) accrued on or after May 1, 1981; and (2) in the case of a claim accrued before the date of enactment of this bill, is presented within one year after such date.</p> <p>The government is prohibited from asserting a defense or a bar, based on the doctrine of res judicata or collateral estoppel, to a claim that accrued before enactment of this bill and to which this bill applies. </p>

tv_txt: I 115th CONGRESS 1st Session H. R. 1856 IN THE HOUSE OF REPRESENTATIVES April 3, 2017 Mr. Lynch introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, with respect to certain tort claims arising out of the criminal misconduct of confidential informants, and for other purposes.

1. Short title This Act may be cited as the Justice for Victims of Confidential Informant Crime Act of 2017 . 2. Tort claims arising out of the criminal misconduct of a confidential informant (a) In general Section 2401(b) of title 28, United States Code, is amended— (1) by striking A tort claim and inserting (1) Except as provided in paragraph (2) ; and (2) by adding at the end the following: (2) In the case of a claim arising out of the conduct of an employee of the Government with respect to the criminal misconduct of a Government informant, paragraph (1) shall be applied by substituting three years and six months for two years . . (b) Retroactive effect The amendments made by this section shall apply with respect to any claim that— (1) accrued on or after May 1, 1981; and (2) in the case of a claim that accrued before the date of enactment of this Act, is presented not later than one year after that date. (c) Preclusion of certain defenses or bars The Government may not assert a defense or a bar, based on the doctrine of res judicata or collateral estoppel, to a claim that— (1) accrued before the date of enactment of this Act; and (2) to which the amendments made by this section apply.