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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Scott Campbell, Stephanie Roper,
Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights
Act''.

SEC. 2. CRIME VICTIMS' RIGHTS.

(a) Amendment to Title 18.--Part II of title 18, United States
Code, is amended by adding at the end the following:

''CHAPTER 237--CRIME VICTIMS' RIGHTS

''Sec.
''3771. Crime victims' rights.
''Sec. 3771. Crime victims' rights
''(a) Rights of Crime Victims.--A crime victim has the following
rights:
''(1) The right to be reasonably protected from the
accused.
''(2) The right to reasonable, accurate, and timely notice
of any public proceeding involving the crime or of any release
or escape of the accused.
''(3) The right not to be excluded from any such public
proceeding.
''(4) The right to be reasonably heard at any public
proceeding involving release, plea, or sentencing.
''(5) The right to confer with the attorney for the
Government in the case.
''(6) The right to full and timely restitution as provided
in law.
''(7) The right to proceedings free from unreasonable
delay.
''(8) The right to be treated with fairness and with
respect for the victim's dignity and privacy.
''(b) Rights Afforded.--In any court proceeding involving an
offense against a crime victim, the court shall ensure that the crime
victim is afforded the rights described in subsection (a). The reasons
for any decision denying relief under this chapter shall be clearly
stated on the record.
''(c) Best Efforts To Accord Rights.--
''(1) Government.--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 crime shall make their best efforts to see that crime
victims are notified of, and accorded, the rights described in
subsection (a).
''(2) Conflict.--In the event of any material conflict of
interest between the prosecutor and the crime victim, the
prosecutor shall advise the crime victim of the conflict and
take reasonable steps to direct the crime victim to the
appropriate legal referral, legal assistance, or legal aid
agency.
''(3) Notice.--Notice of release otherwise required
pursuant to this chapter shall not be given if such notice may
endanger the safety of any person.
''(d) Enforcement and Limitations.--
''(1) Rights.--The crime victim, the crime victim's lawful
representative, and the attorney for the Government may assert
the rights established in this chapter. A person accused of the
crime may not obtain any form of relief under this chapter.
''(2) Multiple crime victims.--In a case where the court
finds that the number of crime victims makes it impracticable
to accord all of the crime victims the rights contained in this
chapter, the court shall fashion a procedure to give effect to
this chapter.
''(3) Writ of mandamus.--If a Federal court denies any
right of a crime victim under this chapter or under the Federal
Rules of Criminal Procedure, the Government or the crime victim
may apply for a writ of mandamus to the appropriate court of
appeals. The court of appeals shall take up and decide such
application forthwith and shall order such relief as may be
necessary to protect the crime victim's ability to exercise the
rights.
''(4) Error.--In any appeal in a criminal case, the
Government may assert as error the district court's denial of
any crime victim's right in the proceeding to which the appeal
relates.
''(5) New trial.--In no case shall a failure to afford a
right under this chapter provide grounds for a new trial.
''(6) No cause of action.--Nothing in this chapter shall be
construed to authorize a cause of action for damages.
''(e) Definitions.--For the purposes of this chapter, the term
'crime victim' means a person directly and proximately harmed as a
result of the commission of a Federal offense. In the case of a crime
victim who is under 18 years of age, incompetent, incapacitated, or
deceased, the legal guardians of the crime victim or the
representatives of the crime victim's estate, family members, or any
other persons appointed as suitable by the court, may assume the crime
victim's rights under this chapter, but in no event shall the defendant
be named as such guardian or representative.
''(f) Procedures To Promote Compliance.--
''(1) Regulations.--Not later than 1 year after the date of
enactment of this chapter, the Attorney General of the United
States shall promulgate regulations to enforce the rights of
crime victims and to ensure compliance by responsible officials
with the obligations described in law respecting crime victims.
''(2) Contents.--The regulations promulgated under
paragraph (1) shall--
''(A) establish an administrative authority within
the Department of Justice to receive and investigate
complaints relating to the provision or violation of
the rights of a crime victim;
''(B) require a course of training for employees
and offices of the Department of Justice that fail to
comply with provisions of Federal law pertaining to the
treatment of crime victims, and otherwise assist such
employees and offices in responding more effectively to
the needs of crime victims;
''(C) contain disciplinary sanctions, including
suspension or termination from employment, for
employees of the Department of Justice who willfully or
wantonly fail to comply with provisions of Federal law
pertaining to the treatment of crime victims; and
''(D) provide that the Attorney General, or the
designee of the Attorney General, shall be the final
arbiter of the complaint, and that there shall be no
judicial review of the final decision of the Attorney
General by a complainant.''.
(b) Table of Chapters.--The table of chapters for part II of title
18, United States Code, is amended by inserting at the end the
following:

''237. Crime victims' rights................................ 3771''.
(c) Repeal.--Section 502 of the Victims' Rights and Restitution Act
of 1990 (42 U.S.C. 10606) is repealed.

SEC. 3. INCREASED RESOURCES FOR ENFORCEMENT OF CRIME VICTIMS' RIGHTS.

(a) Crime Victims Legal Assistance Grants.--The Victims of Crime
Act of 1984 (42 U.S.C. 10601 et seq.) is amended by inserting after
section 1404C the following:

''SEC. 1404D. CRIME VICTIMS LEGAL ASSISTANCE GRANTS.

''(a) In General.--The Director may make grants as provided in
section 1404(c)(1)(A) to State, tribal, and local prosecutors' offices,
law enforcement agencies, courts, jails, and correctional institutions,
and to qualified public and private entities, to develop, establish,
and maintain programs for the enforcement of crime victims' rights as
provided in law.
''(b) False Claims Act.--Notwithstanding any other provision of
law, amounts collected pursuant to sections 3729 through 3731 of title
31, United States Code (commonly known as the 'False Claims Act'), may
be used for grants under this section, subject to appropriation.''.
(b) Authorization of Appropriations.--In addition to funds made
available under section 1402(d) of the Victims of Crime Act of 1984,
there are authorized to be appropriated to carry out this Act--
(1) $2,000,000 for fiscal year 2005 and $5,000,000 for each
of fiscal years 2006, 2007, 2008, and 2009 to United States
Attorneys Offices for Victim/Witnesses Assistance Programs;
(2) $2,000,000 for fiscal year 2005 and $5,000,000 in each
of the fiscal years 2006, 2007, 2008, and 2009, to the Office
for Victims of Crime of the Department of Justice for
enhancement of the Victim Notification System;
(3) $300,000 in fiscal year 2005 and $500,000 for each of
the fiscal years 2006, 2007, 2008, and 2009, to the Office for
Victims of Crime of the Department of Justice for staff to
administer the appropriation for the support of the National
Crime Victim Law Institute or other organizations as designated
under paragraph (4);
(4) $7,000,000 for fiscal year 2005 and $11,000,000 for
each of the fiscal years 2006, 2007, 2008, and 2009, to the
Office for Victims of Crime of the Department of Justice, for
the support of--
(A) the National Crime Victim Law Institute and the
establishment and operation of the Institute's programs
to provide counsel for victims in criminal cases for
the enforcement of crime victims' rights in Federal
jurisdictions, and in States and tribal governments
that have laws substantially equivalent to the
provisions of chapter 237 of title 18, United States
Code; or
(B) other organizations substantially similar to
that organization as determined by the Director of the
Office for Victims of Crime.
(c) Increased Resources To Develop State-of-the-Art Systems for
Notifying Crime Victims of Important Dates and Developments.--The
Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by
inserting after section 1404D the following:

''SEC. 1404E. CRIME VICTIMS NOTIFICATION GRANTS.

''(a) In General.--The Director may make grants as provided in
section 1404(c)(1)(A) to State, tribal, and local prosecutors' offices,
law enforcement agencies, courts, jails, and correctional institutions,
and to qualified public or private entities, to develop and implement
state-of-the-art systems for notifying victims of crime of important
dates and developments relating to the criminal proceedings at issue in
a timely and efficient manner, provided that the jurisdiction has laws
substantially equivalent to the provisions of chapter 237 of title 18,
United States Code.
''(b) Integration of Systems.--Systems developed and implemented
under this section may be integrated with existing case management
systems operated by the recipient of the grant.
''(c) Authorization of Appropriations.--In addition to funds made
available under section 1402(d), there are authorized to be
appropriated to carry out this section--
''(1) $5,000,000 for fiscal year 2005; and
''(2) $5,000,000 for each of the fiscal years 2006, 2007,
2008, and 2009.
''(d) False Claims Act.--Notwithstanding any other provision of
law, amounts collected pursuant to sections 3729 through 3731 of title
31, United States Code (commonly known as the 'False Claims Act'), may
be used for grants under this section, subject to appropriation.''.

SEC. 4. REPORTS.

(a) Administrative Office of the United States Courts.--Not later
than 1 year after the date of enactment of this Act and annually
thereafter, the Administrative Office of the United States Courts, for
each Federal court, shall report to Congress the number of times that a
right established in chapter 237 of title 18, United States Code, is
asserted in a criminal case and the relief requested is denied and,
with respect to each such denial, the reason for such denial, as well
as the number of times a mandamus action is brought pursuant to chapter
237 of title 18, and the result reached.
(b) General Accounting Office.--
(1) Study.--The Comptroller General shall conduct a study
that evaluates the effect and efficacy of the implementation of
the amendments made by this Act on the treatment of crime
victims in the Federal system.
(2) Report.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General shall prepare
and submit to the appropriate committees a report containing
the results of the study conducted under subsection (a).

Passed the Senate April 22, 2004.

Attest:

EMILY J. REYNOLDS,

Secretary.
A:
Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act - Amends the Federal criminal code to provide that a crime victim has the following rights: (1) to be reasonably protected from the accused; (2) to reasonable, accurate, and timely notice of, and to not be excluded from, any public proceeding involving the crime or of any release or escape of the accused; (3) to be reasonably heard at any public proceeding involving release, plea, or sentencing; (4) to confer with the attorney for the Government in the case; (5) to full and timely restitution as provided in law; (6) to proceedings free from unreasonable delay; and (7) to be treated with fairness and with respect for his or her dignity and privacy. Directs the court to ensure that a victim is afforded these rights in any proceeding involving the offense and to clearly state on the record the reasons for any decision denying relief under this Act.

Requires officers and employees of the Department of Justice (DOJ) and other departments and agencies engaged in the detection, investigation, or prosecution of crime to make their best efforts to see that crime victims are notified of, and accorded, these rights. Requires the prosecutor to advise a crime victim of any material conflict of interest between the prosecutor and the victim, and to take reasonable steps to direct the victim to the appropriate legal referral, legal assistance, or legal aid agency. Provides that notice of release otherwise required under this Act shall not be given if it may endanger the safety of any person.

Authorizes the crime victim, the victim's lawful representative, and the Government attorney to assert the rights established under this Act. Directs the court, in a case where it finds that the number of victims makes it impracticable to accord all of the victims the rights contained in this Act, to fashion a procedure to give effect to this Act.

Authorizes the Government or the crime victim to apply for a writ of mandamus to the appropriate appeals court if a Federal court denies any right of a crime victim under this Act or under the Federal Rules of Criminal Procedure. Directs the court of appeals to decide such application and order such relief as necessary to protect the victim's ability to exercise these rights. Allows the Government, in any appeal in a criminal case, to assert as error the district court's denial of a victim's right in a proceeding. Provides that in no case shall a failure to afford a right under this Act provide grounds for a new trial.

Directs the Attorney General to promulgate regulations to enforce victims' rights and to ensure compliance by responsible officials with obligations respecting crime victims.

Repeals victims' rights provisions of the Victims' Rights and Restitution Act of 1990.

(Sec. 3) Amends the Victims of Crime Act of 1984 to authorize the Director of DOJ's Office for Victims of Crime (Office) to make grants to: (1) develop, establish, and maintain programs for the enforcement of crime victims' rights; and (2) develop and implement state-of-the-art systems for notifying crime victims of important dates and developments relating to criminal proceedings in a timely and efficient manner, provided that the jurisdiction has substantially equivalent provisions.

Authorizes appropriations for: (1) U.S. Attorneys Offices for Victim/Witnesses Assistance Programs; (2) the Office for enhancement of the Victim Notification System and for staff to administer the appropriation for the support of the National Crime Victim Law Institute or other specified organizations; and (3) the Office for support of the Institute and the establishment and operation of the Institute's programs to provide counsel for victims in criminal cases for the enforcement of crime victims' rights in Federal jurisdictions, and in States and tribal governments that have substantially equivalent provisions, or for other substantially similar organizations.

(Sec. 4) Directs the Administrative Office of the United States Courts, for each Federal court, to annually report to Congress on: (1) the number of times that a right under this Act is asserted in a criminal case and the relief requested is denied (and the reason for such denial); and (2) the number of times a mandamus action is brought pursuant to this Act and the result reached.

Requires the Comptroller General to study and report to Congress on the effect and efficacy of the implementation of this Act on the treatment of crime victims in the Federal system.