Homicide Victims' Families' Rights Act of 2021

Bill: 117-hr-3359
Sponsor: full_name: Rep. Swalwell, Eric [D-CA-15]
Introduced: 2021-05-19
Policy area: Crime and Law Enforcement
Subjects: Administrative law and regulatory procedures

Administrative remedies

Congressional oversight

Crime victims

Criminal investigation, prosecution, interrogation

Criminal justice information and records

Employment and training programs

Evidence and witnesses

Family relationships

Government employee pay, benefits, personnel management

Government information and archives

Law enforcement administration and funding

Violent crime
Latest action: action_date: 2022-08-03
text: Became Public Law No: 117-164.

Summaries:
action_date: 2021-05-19
action_desc: Introduced in House
text: <p><strong>Homicide Victims' Families' Rights Act of 2021</strong></p> <p>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, all probative investigative leads have been exhausted, and no likely perpetrator has been identified.</p>

action_date: 2022-03-28
action_desc: Reported to House
text: <p><strong>Homicide Victims' Families' Rights Act of 2021</strong></p> <p>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.</p>

action_date: 2022-03-29
action_desc: Passed House
text: <p><strong>Homicide Victims' Families' Rights Act of 2021</strong></p> <p>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.</p>

action_date: 2022-07-25
action_desc: Passed Senate
text: <p><strong>Homicide Victims' Families' Rights Act of 2021</strong></p> <p>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.</p>

action_date: 2022-08-03
action_desc: Public Law
text: <p><strong>Homicide Victims' Families' Rights Act of 2021</strong></p> <p>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.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 3359 IN THE HOUSE OF REPRESENTATIVES May 19, 2021 Mr. Swalwell (for himself and Mr. McCaul ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for a system for reviewing the case files of cold case murders at the instance of certain persons, and for other purposes.

1. Short title This Act may be cited as the Homicide Victims’ Families’ Rights Act of 2021 . 2. Case File Review (a) In general An applicable agency shall review the case file regarding a cold case murder upon written application by a designated person to determine if a full reinvestigation would result in probative investigative leads. (b) Review The case file review shall include— (1) an analysis of what investigative steps or follow-up steps may have been missed in the initial investigation; (2) an assessment of whether witnesses should be interviewed or reinterviewed; (3) 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) a modernization of the file to bring it up to current investigative standards to the extent it would help develop probative leads. (c) Reviewer The person or persons doing the review required by subsection (a) shall not have previously investigated the murder at issue. (d) Acknowledgment The applicable agency shall confirm in writing receipt of the request provided for under subsection (a). (e) 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. (f) Time limit No later than six months after the receipt of the written application submitted pursuant to subsection (a), the applicable agency shall conclude its case file review and reach a conclusion about whether or not a full reinvestigation under section 5 is warranted. (g) Extensions (1) In general The applicable agency may extend the limit in subsection (f) for periods of time not to exceed six months if said agency makes a finding that the number of case files to be reviewed make it impracticable to comply with said limit without unreasonably taking resources from other law enforcement activities. (2) Actions Subsequent to Waiver For cases for which the time limit in subsection (f) is extended, the applicable agency shall provide notice and an explanation of its reasoning to the designated person who filed the written application pursuant to this section. 3. Application Each agency shall develop a written application to be used for designated persons to request a case file review under section 2. 4. Notice Each agency shall provide notice of the rights under this Act to designated persons as soon as is reasonable after being made aware of a murder. 5. Full reinvestigation (a) In general The applicable 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 would result in probative investigative leads. (b) Reinvestigation A full reinvestigation shall include analyzing all evidence regarding the cold case murder at issue for the purpose of developing probative investigative leads as to the perpetrator. (c) Reviewer The person or persons doing the full reinvestigation required by subsection (a) shall not have previously investigated the murder at issue, except for the case file review pursuant to section 2. (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. 6. Consultation and updates (a) In general The applicable 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 applicable 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 5 at the conclusion of the case file review. 7. Subsequent reviews (a) Case file review If a case file review is done and a conclusion is reached not to conduct a full reinvestigation, no additional case file review shall be undertaken for a period of five years, unless there is newly discovered, materially significant evidence. (b) Full Reinvestigation If a full reinvestigation is done and a suspect is not identified at its conclusion, no additional case file review or full reinvestigation shall be undertaken for a period of five years, unless there is newly discovered, materially significant new evidence. 8. Data collection (a) In general Beginning three years after enactment of this Act, the National Institute of Justice shall publish annually statistics on the number of cold cases. (b) Manner of Publication The statistics published pursuant to subsection (a) shall, at a minimum, be broken down by the type of crime and agency. 9. Procedures to promote compliance (a) Regulations Not later than one year after the date of enactment of this Act, the head of each Federal agency shall promulgate regulations to enforce the rights of designated persons and to ensure compliance by responsible officials with the obligations described in this Act. (b) Procedures The regulations promulgated under subsection (a) shall— (1) designate an administrative authority within the agency to receive and investigate complaints relating to the provision or violation of the rights of designated persons; (2) require a course of training for employees and offices of agencies within the agency regarding the rights under this Act; (3) contain disciplinary sanctions, including suspension or termination from employment, for employees of the agency who willfully or wantonly fail to comply with this Act; (4) establish a process for investigations into the conduct of those no longer employed by the Federal Government when a complaint is filed and a process for referrals of recommended sanctions with respect to such conduct to the appropriate State bar or other licensing body; 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. 10. 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. 11. Multiple agencies (a) In General If there is more than one possible applicable agency, each applicable agency shall coordinate their case file review or full reinvestigation such that there is only one joint case file review or full reinvestigation occuring at a time in compliance with section 2(e) or 5(d) as applicable. (b) Bias If an immediate family member believes there was bias demonstrated in the handling of the initial case, any case file review, or any full reinvestigation by any of the possible applicable agencies, said family member may communicate that concern to the Attorney General. The Attorney General shall review the allegations made by the immediate family member to determine if, in the interest of justice, another agency should conduct the case file review or full reinvestigate, as applicable. 12. Applicability This Act applies in the case of any murder occurring on or after January 1, 1970. 13. Definitions In this Act: (1) The term designated person means an immediate family member or someone similarly situated as defined by the Department of Justice. (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 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 that is engaged in the detection, investigation, or prosecution of murder under Federal law. (6) The term applicable agency means an agency that is investigating or had investigated the murder of a victim. (7) The term cold case means a violent crime under Federal law committed more than three years prior, for which all probative investigative leads have been exhausted, and for which no likely perpetrator has been identified. (8) The term cold case murder means a murder committed more than three years prior, for which all probative investigative leads have been exhausted, and for which no likely perpetrator has been identified. 14. Annual report (a) In general Each applicable agency shall submit an annual report to the Senate Committee on the Judiciary and the House Committee on the Judiciary describing actions taken and results achieved under this Act during such year. (b) Report Described The report described in the preceding subsection shall include the number of written applications filed pursuant to section 2, the number of extensions granted and an explanation of reasons provided under section 2(g), the number of full reinvestigations initiated and closed pursuant to section 5, the number of suspects identified, arrested, charged, and convicted for the cold case murder investigated under the Act.

tv_txt: I 117th CONGRESS 2d Session H. R. 3359 IN THE HOUSE OF REPRESENTATIVES 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.

1. Short title This Act may be cited as the Homicide Victims’ Families’ Rights Act of 2021 . 2. Case File Review (a) 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) an analysis of what investigative steps or follow-up steps may have been missed in the initial investigation; (2) an assessment of whether witnesses should be interviewed or reinterviewed; (3) 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) 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. 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) notice of the applicant’s rights under this Act. (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) 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) 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) 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. 3. Application Each agency shall develop a written application to be used for designated persons to request a case file review under section 2. 4. 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) 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. 5. 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. 6. 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 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. 7. Data collection (a) 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. 8. Procedures to promote compliance (a) 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) 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) 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. 9. 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. 10. Multiple agencies 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. 11. Applicability This Act applies in the case of any cold case murder occurring on or after January 1, 1970. 12. 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. 13. 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) statistics and individualized information on topics that include identified suspects, arrests, charges, and convictions for reviews under section 2 and reinvestigations under section 4.

Passed the House of Representatives March 29, 2022. Cheryl L. Johnson, Clerk.

tv_txt: IIB 117th CONGRESS 2d Session H. R. 3359 IN THE SENATE OF THE UNITED STATES March 30, 2022 Received; read twice and referred to the Committee on the Judiciary 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.

1. Short title This Act may be cited as the Homicide Victims’ Families’ Rights Act of 2021 . 2. Case File Review (a) 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) an analysis of what investigative steps or follow-up steps may have been missed in the initial investigation; (2) an assessment of whether witnesses should be interviewed or reinterviewed; (3) 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) 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. 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) notice of the applicant’s rights under this Act. (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) 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) 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) 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. 3. Application Each agency shall develop a written application to be used for designated persons to request a case file review under section 2. 4. 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) 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. 5. 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. 6. 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 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. 7. Data collection (a) 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. 8. Procedures to promote compliance (a) 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) 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) 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. 9. 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. 10. Multiple agencies 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. 11. Applicability This Act applies in the case of any cold case murder occurring on or after January 1, 1970. 12. 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. 13. 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) statistics and individualized information on topics that include identified suspects, arrests, charges, and convictions for reviews under section 2 and reinvestigations under section 4.

Passed the House of Representatives March 29, 2022. Cheryl L. Johnson, Clerk.

tv_txt: IB Union Calendar No. 207 117th CONGRESS 2d Session H. R. 3359 [Report No. 117–280] IN THE HOUSE OF REPRESENTATIVES May 19, 2021 Mr. Swalwell (for himself and Mr. McCaul ) introduced the following bill; which was referred to the Committee on the Judiciary March 28, 2022 Additional sponsors: Ms. Eshoo , Mr. Lieu , Ms. Escobar , Mr. Gallego , Mrs. Demings , Ms. Sewell , Ms. Pressley , Mr. Stanton , Mr. Costa , Ms. Ross , Ms. Sherrill , Ms. Garcia of Texas , Ms. Jackson Lee , Mr. Correa , Mr. Fitzpatrick , and Ms. Williams of Georgia March 28, 2022 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on May 19, 2021 A BILL To provide for a system for reviewing the case files of cold case murders at the instance of certain persons, and for other purposes.

1. Short title This Act may be cited as the Homicide Victims’ Families’ Rights Act of 2021 . 2. Case File Review (a) 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) an analysis of what investigative steps or follow-up steps may have been missed in the initial investigation; (2) an assessment of whether witnesses should be interviewed or reinterviewed; (3) 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) 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. 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) notice of the applicant’s rights under this Act. (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) 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) 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) 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. 3. Application Each agency shall develop a written application to be used for designated persons to request a case file review under section 2. 4. 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) 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. 5. 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. 6. 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 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. 7. Data collection (a) 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. 8. Procedures to promote compliance (a) 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) 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) 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. 9. 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. 10. Multiple agencies 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. 11. Applicability This Act applies in the case of any cold case murder occurring on or after January 1, 1970. 12. 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. 13. 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) statistics and individualized information on topics that include identified suspects, arrests, charges, and convictions for reviews under section 2 and reinvestigations under section 4.

March 28, 2022 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: I One Hundred Seventeenth Congress of the United States of America At the Second Session Begun and held at the City of Washington on Monday, the third day of January, two thousand and twenty-two H. R. 3359 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.

1. Short title This Act may be cited as the Homicide Victims’ Families’ Rights Act of 2021 . 2. Case File Review (a) 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) an analysis of what investigative steps or follow-up steps may have been missed in the initial investigation; (2) an assessment of whether witnesses should be interviewed or reinterviewed; (3) 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) 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. 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) notice of the applicant’s rights under this Act. (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) 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) 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) 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. 3. Application Each agency shall develop a written application to be used for designated persons to request a case file review under section 2. 4. 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) 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. 5. 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. 6. 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 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. 7. Data collection (a) 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. 8. Procedures to promote compliance (a) 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) 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) 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. 9. 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. 10. Multiple agencies 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. 11. Applicability This Act applies in the case of any cold case murder occurring on or after January 1, 1970. 12. 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. 13. 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) statistics and individualized information on topics that include identified suspects, arrests, charges, and convictions for reviews under section 2 and reinvestigations under section 4.

Speaker of the House of Representatives. Vice President of the United States and President of the Senate.