Courtney Wild Crime Victims’ Rights Reform Act of 2022

Bill: 117-hr-9444
Sponsor: full_name: Rep. Speier, Jackie [D-CA-14]
Introduced: 2022-12-06
Policy area: Crime and Law Enforcement
Latest action: action_date: 2022-12-06
text: Referred to the House Committee on the Judiciary.

Summaries:
action_date: 2022-12-06
action_desc: Introduced in House
text: <p><b>Courtney Wild Crime Victims' Rights Reform Act of 2022</b></p> <p>This bill expands the rights of crime victims, including by (1) allowing victims to make motions requesting that the government seek to void prosecutorial agreements, and (2) providing for attorneys' fees for victims who prevail against the United States in enforcement actions.</p>

tv_txt: I 117th CONGRESS 2d Session H. R. 9444 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 Committee on the Judiciary A BILL To strengthen the rights of crime victims, and for other purposes.

1. Short title This Act may be cited as the Courtney Wild Crime Victims’ Rights Reform Act of 2022 . 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 Government, including the right to confer about any agreement 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 otherwise formally executed ; (B) by amending paragraph (9) to read as follows: (9) The right to be informed in a timely manner 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 enforcement entity. ; and (C) in paragraph (10), by striking contact information for the Office of the Victims’ Rights Ombudsman of the Department of Justice and inserting a crime victims’ rights card, contact information for the Office of the Crime Victims’ Rights Ombudsman of the Department of Justice, and information about sources of legal assistance related to the exercise of these rights, including that the victim 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 employees of the Department of Justice and other departments and agencies of the United States engaged in the detection, investigation, or prosecution of crimes shall make their best efforts to see that crime victims are notified of, and accorded, the rights described in subsection (a). (B) Request for delay (i) Circumstances If charges pertaining to the victim have not been publicly 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 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 necessary 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 supported 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 victim 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 subparagraph shall not constitute grounds for failing to ultimately accord a right to any victim. (C) Court-ordered remedies If a court finds that the Government failed to comply with subparagraph (A), it may order an appropriate 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 information 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 employees of the Department of Justice and other departments and agencies of the United States engaged 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). ; (4) in subsection (d)— (A) 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). ; (B) by amending paragraph (3) to read as follows: (3) Motion for relief and writ of mandamus (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 described 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 complaint, information, or indictment has been filed at that time, by a separate rights enforcement action. (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 additional information is relevant to the movant’s assertion of the right, the Government shall promptly provide all such additional information to the court and movant. The court may, for good cause, allow the Government to provide a substantive summary of such information instead of providing the information itself. Upon the Government’s request, the court shall enter an appropriate protective order governing dissemination and use of any information or substantive summary provided under this clause. (iii) Written opinion required for denial of relief If the district court denies the relief sought by the movant, the court shall enter a written opinion, which clearly states the reasons for the denial. (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 appeals 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 determination, shall apply ordinary standards of appellate review to any procedural or substantive issues. If the court of appeals denies the relief sought, the reasons for the denial shall be clearly stated on the record in a written order or opinion. ; (C) by amending paragraph (5) to read as follows: (5) Re-opening proceedings (A) In general In no case shall a failure to afford a right under this chapter provide grounds for a new trial. (B) Victims who received timely notice 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 proceeding 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 accused has not pleaded guilty to the highest offense charged, and in the case of a sentencing, the accused has not been sentenced 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— (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 offense charged, and in the case of a sentencing, the accused has not been sentenced 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 deferred prosecution agreement or non-prosecution agreement by filing a motion with the court in writing asserting that they were not accorded the reasonable 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 determines that it would not have entered into the agreement or would have sought to enter into an agreement with different terms, then the Government may, with the consent of the defendant, withdraw from the agreement, or seek to modify the agreement. (7) Remedies Upon a finding that a victim’s rights under this section have been violated, the court shall order a just and appropriate remedy, which may include reopening a proceeding, to address 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— (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 rendered, the judicial district in which the defendant 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 committed in the District of Columbia, in the Superior 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 sufficient time for the victim to exercise their rights under this section, and in accordance with any applicable rules of procedure. ; and (6) by striking subsection (f). 3. 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. 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 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. . 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 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 appropriated under this section shall remain available until expended. 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). .