S 934 IS
106th CONGRESS
1st Session
S. 934
To enhance rights and protections for victims of crime.
IN THE SENATE OF THE UNITED STATES
April 30, 1999
Mr. LEAHY (for himself, Mr. KENNEDY, Mr. SARBANES, Mr. KERRY, Mr. HARKIN, and
Mrs. MURRAY) introduced the following bill; which was read twice and referred to
the Committee on the Judiciary
A BILL
To enhance rights and protections for victims of crime.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Crime Victims Assistance
Act'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--VICTIM RIGHTS
Subtitle A--Amendments to Title 18, United States Code
Sec. 101. Right to be notified of detention hearing and right to be
heard on the issue of detention.
Sec. 102. Right to a speedy trial and prompt disposition free from
unreasonable delay.
Sec. 103. Enhanced right to order of restitution.
Sec. 104. Enhanced right to be notified of escape or release from
prison.
Sec. 105. Enhanced penalties for witness tampering.
Subtitle B--Amendments to Federal Rules of Criminal Procedure
Sec. 121. Right to be notified of plea agreement and to be heard on
merits of the plea agreement.
Sec. 122. Enhanced rights of notification and allocution at
sentencing.
Sec. 123. Rights of notification and allocution at a probation
revocation hearing.
Subtitle C--Amendment to Federal Rules of Evidence
Sec. 131. Enhanced right to be present at trial.
Subtitle D--Remedies for Noncompliance
Sec. 141. Remedies for noncompliance.
TITLE II--VICTIM ASSISTANCE INITIATIVES
Sec. 201. Increase in victim assistance personnel.
Sec. 202. Increased training for State and local law enforcement, State
court personnel, and officers of the court to respond effectively to the
needs of victims of crime.
Sec. 203. Increased resources for State and local law enforcement
agencies, courts, and prosecutors' offices to develop state-of-the-art
systems for notifying victims of crime of important dates and
developments.
Sec. 204. Pilot programs to establish ombudsman programs for crime
victims.
Sec. 205. Amendments to Victims of Crime Act of 1984.
Sec. 206. Services for victims of crime and domestic violence.
Sec. 207. Pilot program to study effectiveness of restorative justice
approach on behalf of victims of crime.
Sec. 208. Victims of terrorism.
SEC. 2. DEFINITIONS.
(1) the term `Attorney General' means the Attorney General of the United
States;
(2) the term `bodily injury' has the meaning given that term in section
1365(g) of title 18, United States Code;
(3) the term `Commission' means the Commission on Victims' Rights
established under section 204;
(4) the term `Indian tribe' has the same meaning as in section 4(e) of
the Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b(e));
(5) the term `Judicial Conference' means the Judicial Conference of the
United States established under section 331 of title 28, United States
Code;
(6) the term `law enforcement officer' means an individual authorized by
law to engage in or supervise the prevention, detection, investigation, or
prosecution of any violation of law, and includes corrections, probation,
parole, and judicial officers;
(7) the term `Office of Victims of Crime' means the Office of Victims of
Crime of the Department of Justice;
(8) the term `State' means each of the several States of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands;
(9) the term `unit of local government' means any--
(A) city, county, township, town, borough, parish, village, or other
general purpose political subdivision of a State; or
(A) means an individual harmed as a result of a commission of an
offense; and
(B) in the case of a victim who is less than 18 years of age,
incompetent, incapacitated, or deceased--
(i) the legal guardian of the victim;
(ii) a representative of the estate of the victim;
(iii) a member of the family of the victim; or
(iv) any other person appointed by the court to represent the
victim, except that in no event shall a defendant be appointed as the
representative or guardian of the victim; and
(11) the term `qualified private entity' means a private entity that
meets such requirements as the Attorney General may establish.
TITLE I--VICTIM RIGHTS
Subtitle A--Amendments to Title 18, United States Code
SEC. 101. RIGHT TO BE NOTIFIED OF DETENTION HEARING AND RIGHT TO BE HEARD ON
THE ISSUE OF DETENTION.
Section 3142 of title 18, United States Code, is amended by adding at the
end the following:
`(k) NOTIFICATION OF RIGHT TO BE HEARD-
`(1) IN GENERAL- In any case involving a defendant who is arrested for
an offense involving death or bodily injury to any person, a threat of death
or bodily injury to any person, a sexual assault, or an attempted sexual
assault, in which a detention hearing is scheduled pursuant to subsection
(f)--
`(A) the Government shall make a reasonable effort to notify the
victim of the hearing, and of the right of the victim to be heard on the
issue of detention; and
`(B) at the hearing under subsection (f), the court shall inquire of
the Government as to whether the efforts at notification of the victim
under subparagraph (A) were successful and, if so, whether the victim
wishes to be heard on the issue of detention and, if so, shall afford the
victim such an opportunity.
`(2) LIMITATION- Upon motion of either party that identification of the
defendant by the victim is a fact in dispute, and that no means of
verification has been attempted, the Court shall use appropriate measures to
protect integrity of the identification process.
`(3) DEFINITION OF VICTIM- In this subsection, the term `victim' means
any individual against whom an offense involving death or bodily injury to
any person, a threat of death or bodily injury to any person, a sexual
assault, or an attempted sexual assault, has been committed and also
includes the parent or legal guardian of a victim who is less than 18 years
of age, or incompetent, or 1 or more family members designated by the court
if the victim is deceased or incapacitated.'.
SEC. 102. RIGHT TO A SPEEDY TRIAL AND PROMPT DISPOSITION FREE FROM
UNREASONABLE DELAY.
Section 3161(h)(8)(B) of title 18, United States Code, is amended by
adding at the end the following:
`(v) The interests of the victim (or the family of a victim who is
deceased or incapacitated) in the prompt and appropriate disposition of the
case, free from unreasonable delay.'.
SEC. 103. ENHANCED RIGHT TO ORDER OF RESTITUTION.
Section 3664(d)(2)(A)(iv) of title 18, United States Code, is amended by
inserting `, and the right of the victim (or the family of a victim who is
deceased or incapacitated) to attend the sentencing hearing and to make a
statement to the court at the sentencing hearing' before the semicolon.
SEC. 104. ENHANCED RIGHT TO BE NOTIFIED OF ESCAPE OR RELEASE FROM
PRISON.
Section 503(c)(5)(B) of the Victims' Rights and Restitution Act of 1990
(42 U.S.C. 10607(c)(5)(B)) is amended by inserting after `offender' the
following: `, including escape, work release, furlough, or any other form of
release from a psychiatric institution or other facility that provides mental
health services to offenders'.
SEC. 105. ENHANCED PENALTIES FOR WITNESS TAMPERING.
Section 1512 of title 18, United States Code, is amended--
(A) in paragraph (1), by striking `as provided in paragraph (2)' and
inserting `as provided in paragraph (3)';
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
`(2) Whoever uses physical force or the threat of physical force, or
attempts to do so, with intent to--
`(A) influence, delay, or prevent the testimony of any person in an
official proceeding;
`(B) cause or induce any person to--
`(i) withhold testimony, or withhold a record, document, or other
object, from an official proceeding;
`(ii) alter, destroy, mutilate, or conceal an object with intent to
impair the object's integrity or availability for use in an official
proceeding;
`(iii) evade legal process summoning that person to appear as a
witness, or to produce a record, document, or other object, in an
official proceeding; and
`(iv) be absent from an official proceeding to which such person has
been summoned by legal process; or
`(C) hinder, delay, or prevent the communication to a law enforcement
officer or judge of the United States of information relating to the
commission or possible commission of a Federal offense or a violation of
conditions of probation, parole, or release pending judicial
proceedings;
shall be punished as provided in paragraph (3).'; and
(D) in paragraph (3)(B), as redesignated, by striking `in the case of'
and all that follows before the period and inserting `an attempt to
murder, the use of physical force, the threat of physical force, or an
attempt to do so, imprisonment for not more than 20 years'; and
(2) in subsection (b), by striking `or physical force'.
Subtitle B--Amendments to Federal Rules of Criminal
Procedure
SEC. 121. RIGHT TO BE NOTIFIED OF PLEA AGREEMENT AND TO BE HEARD ON MERITS
OF THE PLEA AGREEMENT.
(a) IN GENERAL- Rule 11 of the Federal Rules of Criminal Procedure is
amended by adding at the end the following:
`(1) IN GENERAL- In any case involving a defendant who is charged with
an offense involving death or bodily injury to any person, a threat of death
or bodily injury to any person, a sexual assault, or an attempted sexual
assault--
`(A) the Government, prior to a hearing at which a plea of guilty or
nolo contendere is entered, shall make a reasonable effort to notify the
victim of--
`(i) the date and time of the hearing; and
`(ii) the right of the victim to attend the hearing and to address
the court; and
`(B) if the victim attends a hearing described in subparagraph (A),
the court, before accepting a plea of guilty or nolo contendere, shall
afford the victim an opportunity to be heard on the proposed plea
agreement.
`(2) DEFINITION OF VICTIM- In this subsection, the term `victim' means
any individual against whom an offense involving death or bodily injury to
any person, a threat of death or bodily injury to any person, a sexual
assault, or an attempted sexual assault, has been committed and also
includes the parent or legal guardian of a victim who is less than 18 years
of age, or incompetent, or 1 or more family members designated by the court
if the victim is deceased or incapacitated.
`(4) MASS VICTIM CASES- In any case involving more than 15 victims, the
court, after consultation with the Government and the victims, may appoint a
number of victims to serve as representatives of the victims'
interests.'.
(1) IN GENERAL- The amendment made by subsection (a) shall become
effective as provided in paragraph (3).
(2) ACTION BY JUDICIAL CONFERENCE-
(A) RECOMMENDATIONS- Not later than 180 days after the date of
enactment of this Act, the Judicial Conference shall submit to Congress a
report containing recommendations for amending the Federal Rules of
Criminal Procedure to provide enhanced opportunities for victims of
offenses involving death or bodily injury to any person, the threat of
death or bodily injury to any person, a sexual assault, or an attempted
sexual assault, to be heard on the issue of whether or not the court
should accept a plea of guilty or nolo contendere.
(B) INAPPLICABILITY OF OTHER LAW- Chapter 131 of title 28, United
States Code, does not apply to any recommendation made by the Judicial
Conference under this paragraph.
(3) CONGRESSIONAL ACTION- Except as otherwise provided by law, if the
Judicial Conference--
(A) submits a report in accordance with paragraph (2) containing
recommendations described in that paragraph, and those recommendations are
the same as the amendment made by subsection (a), then the amendment made
by subsection (a) shall become effective 30 days after the date on which
the recommendations are submitted to Congress under paragraph
(2);
(B) submits a report in accordance with paragraph (2) containing
recommendations described in that paragraph, and those recommendations are
different in any respect from the amendment made by subsection (a), the
recommendations made pursuant to paragraph (2) shall become effective 180
days after the date on which the recommendations are submitted to Congress
under paragraph (2), unless an Act of Congress is passed overturning the
recommendations; and
(C) fails to comply with paragraph (2), the amendment made by
subsection (a) shall become effective 360 days after the date of enactment
of this Act.
(4) APPLICATION- Any amendment made pursuant to this section (including
any amendment made pursuant to the recommendations of the United States
Sentencing Commission under paragraph (2)) shall apply in any proceeding
commenced on or after the effective date of the amendment.
SEC. 122. ENHANCED RIGHTS OF NOTIFICATION AND ALLOCUTION AT SENTENCING.
(a) IN GENERAL- Rule 32 of the Federal Rules of Criminal Procedure is
amended--
(A) in paragraph (4), by striking subparagraph (D) and inserting the
following:
`(D) a victim impact statement, identifying, to the maximum extent
practicable--
`(i) each victim of the offense (except that such identification
shall not include information relating to any telephone number, place of
employment, or residential address of any victim);
`(ii) an itemized account of any economic loss suffered by each
victim as a result of the offense;
`(iii) any physical injury suffered by each victim as a result of
the offense, along with its seriousness and permanence;
`(iv) a description of any change in the personal welfare or
familial relationships of each victim as a result of the offense;
and
`(v) a description of the impact of the offense upon each victim and
the recommendation of each victim regarding an appropriate sanction for
the defendant;'; and
(B) by adding at the end the following:
`(7) VICTIM IMPACT STATEMENTS-
`(A) IN GENERAL- Any probation officer preparing a presentence report
shall--
`(i) make a reasonable effort to notify each victim of the offense
that such a report is being prepared and the purpose of such report;
and
`(ii) provide the victim with an opportunity to submit an oral or
written statement, or a statement on audio or videotape outlining the
impact of the offense upon the victim.
`(B) USE OF STATEMENTS- Any written statement submitted by a victim
under subparagraph (A) shall be attached to the presentence report and
shall be provided to the sentencing court and to the parties.';
(2) in subsection (c)(1), by adding at the end the following: `Before
sentencing in any case in which a defendant has been charged with or found
guilty of an offense involving death or bodily injury to any person, a
threat of death or bodily injury to any person, a sexual assault, or an
attempted sexual assault, the Government shall make a reasonable effort to
notify the victim (or the family of a victim who is deceased) of the time
and place of sentencing and of their right to attend and to be heard.';
and
(3) in subsection (f), by inserting `the right to notification and to
submit a statement under subdivision (b)(7), the right to notification and
to be heard under subdivision (c)(1), and' before `the right of
allocution'.
(1) IN GENERAL- The amendments made by subsection (a) shall become
effective as provided in paragraph (3).
(2) ACTION BY JUDICIAL CONFERENCE-
(A) RECOMMENDATIONS- Not later than 180 days after the date of
enactment of this Act, the Judicial Conference shall submit to Congress a
report containing recommendations for amending the Federal Rules of
Criminal Procedure to provide enhanced opportunities for victims of
offenses involving death or bodily injury to any person, the threat of
death or bodily injury to any person, a sexual assault, or an attempted
sexual assault, to participate during the presentencing phase of the
criminal process.
(B) INAPPLICABILITY OF OTHER LAW- Chapter 131 of title 28, United
States Code, does not apply to any recommendation made by the Judicial
Conference under this paragraph.
(3) CONGRESSIONAL ACTION- Except as otherwise provided by law, if the
Judicial Conference--
(A) submits a report in accordance with paragraph (2) containing
recommendations described in that paragraph, and those recommendations are
the same as the amendments made by subsection (a), then the amendments
made by subsection (a) shall become effective 30 days after the date on
which the recommendations are submitted to Congress under paragraph
(2);
(B) submits a report in accordance with paragraph (2) containing
recommendations described in that paragraph, and those recommendations are
different in any respect from the amendments made by subsection (a), the
recommendations made pursuant to paragraph (2) shall become effective 180
days after the date on which the recommendations are submitted to Congress
under paragraph (2), unless an
Act of Congress is passed overturning the recommendations; and
(C) fails to comply with paragraph (2), the amendments made by
subsection (a) shall become effective 360 days after the date of enactment
of this Act.
(4) APPLICATION- Any amendment made pursuant to this section (including
any amendment made pursuant to the recommendations of the United States
Sentencing Commission under paragraph (2)) shall apply in any proceeding
commenced on or after the effective date of the amendment.
SEC. 123. RIGHTS OF NOTIFICATION AND ALLOCUTION AT A PROBATION REVOCATION
HEARING.
(a) IN GENERAL- Rule 32.1 of the Federal Rules of Criminal Procedure is
amended by adding at the end the following:
`(1) IN GENERAL- At any hearing pursuant to subsection (a)(2) involving
one or more persons who have been convicted of an offense involving death or
bodily injury to any person, a threat of death or bodily injury to any
person, a sexual assault, or an attempted sexual assault, the Government
shall make reasonable effort to notify the victim of the offense (and the
victim of any new charges giving rise to the hearings), of--
`(A) the date and time of the hearing; and
`(B) the right of the victim to attend the hearing and to address the
court regarding whether the terms or conditions of probation or supervised
release should be modified.
`(2) DUTIES OF COURT AT HEARING- At any hearing described in paragraph
(1) at which a victim is present, the court shall--
`(A) address each victim personally; and
`(B) afford the victim an opportunity to be heard on the proposed
terms or conditions of probation or supervised release.
`(3) DEFINITION OF VICTIM- In this rule, the term `victim' means any
individual against whom an offense involving death or bodily injury to any
person, a threat of death or bodily injury to any person, a sexual assault,
or an attempted sexual assault, has been committed and a hearing pursuant to
subsection (a)(2) is conducted, including--
`(A) a parent or legal guardian of the victim, if the victim is less
than 18 years of age or is incompetent; or
`(B) 1 or more family members or relatives of the victim designated by
the court, if the victim is deceased or incapacitated.'.
(1) IN GENERAL- The amendment made by subsection (a) shall become
effective as provided in paragraph (3).
(2) ACTION BY JUDICIAL CONFERENCE-
(A) RECOMMENDATIONS- Not later than 180 days after the date of
enactment of this Act, the Judicial Conference shall submit to Congress a
report containing recommendations for amending the Federal Rules of
Criminal Procedure to ensure that reasonable efforts are made to notify
victims of offenses involving death or bodily injury to any person, or the
threat of death or bodily injury to any person, of any revocation hearing
held pursuant to rule 32.1(a)(2) of the Federal Rules of Criminal
Procedure.
(B) INAPPLICABILITY OF OTHER LAW- Chapter 131 of title 28, United
States Code, does not apply to any recommendation made by the Judicial
Conference under this paragraph.
(3) CONGRESSIONAL ACTION- Except as otherwise provided by law, if the
Judicial Conference--
(A) submits a report in accordance with paragraph (2) containing
recommendations described in that paragraph, and those recommendations are
the same as the amendment made by subsection (a), then the amendment made
by subsection (a) shall become effective 30 days after the date on which
the recommendations are submitted to Congress under paragraph
(2);
(B) submits a report in accordance with paragraph (2) containing
recommendations described in that paragraph, and those recommendations are
different in any respect from the amendment made by subsection (a), the
recommendations made pursuant to paragraph (2) shall become effective 180
days after the date on which the recommendations are submitted to Congress
under paragraph (2), unless an Act of Congress is passed overturning the
recommendations; and
(C) fails to comply with paragraph (2), the amendment made by
subsection (a) shall become effective 360 days after the date of enactment
of this Act.
(4) APPLICATION- Any amendment made pursuant to this section (including
any amendment made pursuant to the recommendations of the United States
Sentencing Commission under paragraph (2)) shall apply in any proceeding
commenced on or after the effective date of the amendment.
Subtitle C--Amendment to Federal Rules of Evidence
SEC. 131. ENHANCED RIGHT TO BE PRESENT AT TRIAL.
(a) IN GENERAL- Rule 615 of the Federal Rules of Evidence is amended--
(1) by striking `At the request' and inserting the following:
`(a) IN GENERAL- Except as provided in subsection (b), at the request';
(2) by striking `This rule' and inserting the following:
`(b) EXCEPTIONS- Subsection (a)';
(3) by striking `exclusion of (1) a party' and inserting the following:
`exclusion of--
(4) by striking `person, or (2) an officer' and inserting the following:
`person;
(5) by striking `attorney, or (3) a person' and inserting the following:
`attorney;
(6) by striking the period at the end and inserting `; or'; and
(7) by adding at the end the following:
`(4) a person who is a victim (or a member of the immediate family of a
victim who is deceased or incapacitated) of an offense involving death or
bodily injury to any person, a threat of death or bodily injury to any
person, a sexual assault, or an attempted sexual assault, for which a
defendant is being tried in a criminal trial, unless the court concludes
that--
`(A) the testimony of the person will be materially affected by
hearing the testimony of other witnesses, and the material effect of
hearing the testimony of other witnesses on the testimony of that person
will result in unfair prejudice to any party; or
`(B) due to the large number of victims or family members of victims
who may be called as witnesses, permitting attendance in the courtroom
itself when testimony is being heard is not feasible.
`(c) DISCRETION OF COURT; EFFECT ON OTHER LAW- Nothing in subsection
(b)(4) shall be construed--
`(1) to limit the ability of a court to exclude a witness, if the court
determines that such action is necessary to maintain order during a court
proceeding; or
`(2) to limit or otherwise affect the ability of a witness to be present
during court proceedings pursuant to section 3510 of title 18, United States
Code.'.
(1) IN GENERAL- The amendments made by subsection (a) shall become
effective as provided in paragraph (3).
(2) ACTION BY JUDICIAL CONFERENCE-
(A) RECOMMENDATIONS- Not later than 180 days after the date of
enactment of this Act, the Judicial Conference shall submit to Congress a
report containing recommendations for amending the Federal Rules of
Evidence to provide enhanced opportunities for victims of offenses
involving death or bodily injury to any person, or the threat of death or
bodily injury to any person, to attend judicial proceedings, even if they
may testify as a witness at the proceeding.
(B) INAPPLICABILITY OF OTHER LAW- Chapter 131 of title 28, United
States Code, does not apply to any recommendation made by the Judicial
Conference under this paragraph.
(3) CONGRESSIONAL ACTION- Except as otherwise provided by law, if the
Judicial Conference--
(A) submits a report in accordance with paragraph (2) containing
recommendations described in that paragraph, and those recommendations are
the same as the amendments made by subsection (a), then the amendments
made by subsection (a) shall become effective 30 days after the date on
which the recommendations are submitted to Congress under paragraph
(2);
(B) submits a report in accordance with paragraph (2) containing
recommendations described in that paragraph, and those recommendations are
different in any respect from the amendments made by subsection (a), the
recommendations made pursuant to paragraph (2) shall become effective 180
days after the date on which the recommendations are submitted to Congress
under paragraph (2), unless an Act of Congress is passed overturning the
recommendations; and
(C) fails to comply with paragraph (2), the amendments made by
subsection (a) shall become effective 360 days after the date of enactment
of this Act.
(4) APPLICATION- Any amendment made pursuant to this section (including
any amendment made pursuant to the recommendations of the United States
Sentencing Commission under paragraph (2)) shall apply in any proceeding
commenced on or after the effective date of the amendment.
Subtitle D--Remedies for Noncompliance
SEC. 141. REMEDIES FOR NONCOMPLIANCE.
(a) GENERAL LIMITATION- Any failure to comply with any amendment made by
this Act shall not give rise to a claim for damages, or any other action
against the United States, or any employee of the United States, any court
official or officer of the court, or an entity contracting with the United
States, or any action seeking a rehearing or other reconsideration of action
taken in connection with a defendant.
(b) REGULATIONS TO ENSURE COMPLIANCE-
(1) IN GENERAL- Notwithstanding subsection (a), not later than 1 year
after the date of enactment of this Act, the Attorney General and the
Chairman of the United States Parole Commission shall promulgate regulations
to implement and enforce the amendments made by this title.
(2) CONTENTS- The regulations promulgated under paragraph (1)
shall--
(A) contain disciplinary sanctions, including suspension or
termination from employment, for employees of the Department of Justice
(including employees of the United States Parole Commission) who willfully
or repeatedly violate the amendments made by this title, or willfully or
repeatedly refuse or fail to comply with provisions of Federal law
pertaining to the treatment of victims of crime;
(B) include an administrative procedure through which parties can file
formal complaints with the Department of Justice alleging violations of
the amendments made by this title;
(C) provide that a complainant is prohibited from recovering monetary
damages against the United States, or any employee of the United States,
either in his official or personal capacity; and
(D) provide that the Attorney General, or the designee of the Attorney
General, shall the ultimate arbiter of the complaint, and there shall be
no judicial review of the final decision of the Attorney General by a
complainant.
TITLE II--VICTIM ASSISTANCE INITIATIVES
SEC. 201. INCREASE IN VICTIM ASSISTANCE PERSONNEL.
There are authorized to be appropriated such sums as may be necessary to
enable the Attorney General to--
(1) hire 50 full-time or full-time equivalent employees to serve
victim-witness advocates to provide assistance to victims of any criminal
offense investigated by any department or agency of the Federal Government;
and
(2) provide grants through the Office of Victims of Crime to qualified
private entities to fund 50 victim-witness advocate positions within those
organizations.
SEC. 202. INCREASED TRAINING FOR STATE AND LOCAL LAW ENFORCEMENT, STATE
COURT PERSONNEL, AND OFFICERS OF THE COURT TO RESPOND EFFECTIVELY TO THE NEEDS
OF VICTIMS OF CRIME.
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 by the Office of Victims of Crime to make
grants to States, units of local government, and qualified private entities,
to provide training and information to prosecutors, judges, law enforcement
officers, probation officers, and other officers and employees of Federal and
State courts to assist them in responding effectively to the needs of victims
of crime.
SEC. 203. INCREASED RESOURCES FOR STATE AND LOCAL LAW ENFORCEMENT AGENCIES,
COURTS, AND PROSECUTORS' OFFICES TO DEVELOP STATE-OF-THE-ART SYSTEMS FOR
NOTIFYING VICTIMS OF CRIME OF IMPORTANT DATES AND DEVELOPMENTS.
(a) IN GENERAL- Subtitle A of title XXIII of the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 2077) is amended by
adding at the end the following:
`SEC. 230103. STATE-OF-THE-ART SYSTEMS FOR NOTIFYING VICTIMS OF CRIME OF
IMPORTANT DATES AND DEVELOPMENTS.
`(a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to the Office of Victims of Crime of the Department of Justice
such sums as may be necessary for grants to State and local prosecutors'
offices, State courts, county jails, State correctional institutions, and
qualified 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.
`(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.'.
(b) VIOLENT CRIME REDUCTION TRUST FUND- Section 310004(d) of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14214(d)) is
amended--
(1) in the first paragraph designated as paragraph (15) (relating to the
definition of the term `Federal law enforcement program'), by striking `and'
at the end;
(2) in the first paragraph designated as paragraph (16) (relating to the
definition of the term `Federal law enforcement program'), by striking the
period at the end and inserting `; and'; and
(3) by inserting after the first paragraph designated as paragraph (16)
(relating to the definition of the term `Federal law enforcement program')
the following:
SEC. 204. PILOT PROGRAMS TO ESTABLISH OMBUDSMAN PROGRAMS FOR CRIME
VICTIMS.
(a) DEFINITIONS- In this section:
(1) DIRECTOR- The term `Director' means the Director of the Office of
Victims of Crime.
(2) OFFICE- The term `Office' means the Office of Victims of
Crime.
(3) QUALIFIED PRIVATE ENTITY- The term `qualified private entity' means
a private entity that meets such requirements as the Attorney General,
acting through the Director, may establish.
(4) QUALIFIED UNIT OF STATE OR LOCAL GOVERNMENT- The term `qualified
unit of State or local government' means a unit or a State or local
government that meets such requirements as the Attorney General, acting
through the Director, may establish.
(5) VOICE CENTERS- The term `VOICE Centers' means the Victim Ombudsman
Information Centers established under the program under subsection
(b).
(1) IN GENERAL- Not later than 12 months after the date of enactment of
this Act, the Attorney General, acting through the Director, shall establish
and carry out a program to provide for pilot programs to establish and
operate Victim Ombudsman Information Centers in each of the following
States:
(A) IN GENERAL- The Attorney General, acting through the Director,
shall enter into an agreement with a qualified private entity or unit of
State or local government to conduct a pilot program referred to in
paragraph (1). Under the agreement, the Attorney General, acting through
the Director, shall provide for a grant to assist the qualified private
entity or unit of State or local government in carrying out the pilot
program.
(B) CONTENTS OF AGREEMENT- The agreement referred to in subparagraph
(A) shall specify that--
(i) the VOICE Center shall be established in accordance with this
section; and
(ii) except with respect to meeting applicable requirements of this
section concerning carrying out the duties of a VOICE Center under this
section (including the applicable reporting duties under subsection (c)
and the terms of the agreement) each VOICE Center shall operate
independently of the Office; and
(C) NO AUTHORITY OVER DAILY OPERATIONS- The Office shall have no
supervisory or decisionmaking authority over the day-to-day operations of
a VOICE Center.
(1) MISSION- The mission of each VOICE Center established under a pilot
program under this section shall be to assist a victim of a Federal or State
crime to ensure that the victim--
(A) is fully apprised of the rights of that victim under applicable
Federal or State law; and
(B) participates in the criminal justice process to the fullest extent
of the law.
(2) DUTIES- The duties of a VOICE Center shall include--
(A) providing information to victims of Federal or State crime
regarding the right of those victims to participate in the criminal
justice process (including information concerning any right that exists
under applicable Federal or State law);
(B) identifying and responding to situations in which the rights of
victims of crime under applicable Federal or State law may have been
violated;
(C) attempting to facilitate compliance with Federal or State law
referred to in subparagraph (B);
(D) educating police, prosecutors, Federal and State judges, officers
of the court, and employees of jails and prisons concerning the rights of
victims under applicable Federal or State law; and
(E) taking measures that are necessary to ensure that victims of crime
are treated with fairness, dignity, and compassion throughout the criminal
justice process.
(1) TECHNICAL ASSISTANCE- The Office may provide technical assistance to
each VOICE Center.
(2) ANNUAL REPORT- Each qualified private entity or qualified unit of
State or local government that carries out a pilot program to establish and
operate a VOICE Center under this section shall prepare and submit to the
Director, not later than 1 year after the VOICE Center is established, and
annually thereafter, a report that--
(A) describes in detail the activities of the VOICE Center during the
preceding year; and
(B) outlines a strategic plan for the year following the year covered
under subparagraph (A).
(e) REVIEW OF PROGRAM EFFECTIVENESS-
(1) GAO STUDY- Not later than 2 years after the date on which each VOICE
Center established under a pilot program under this section is fully
operational, the Comptroller General of the United States shall conduct a
review of each pilot program carried out under this section to determine the
effectiveness of the VOICE Center that is the subject of the pilot program in
carrying out the mission and duties described in subsection (c).
(2) OTHER STUDIES- Not later than 2 years after the date on which each
VOICE Center established under a pilot program under this section is fully
operational, the Attorney General, acting through the Director, shall enter
into an agreement with 1 or more private entities that meet such
requirements the Attorney General, acting through the Director, may
establish, to study the effectiveness of each VOICE Center established by a
pilot program under this section in carrying out the mission and duties
described in subsection (c).
(1) IN GENERAL- Except as provided in paragraph (2), a pilot program
established under this section shall terminate on the date that is 4 years
after the date of enactment of this Act.
(2) RENEWAL- If the Attorney General determines that any of the pilot
programs established under this section should be renewed for an additional
period, the Attorney General may renew that pilot program for a period not
to exceed 2 years.
(g) FUNDING- Notwithstanding any other provision of law, an aggregate
amount not to exceed $5,000,000 of the amounts collected pursuant to sections
3729 through 3731 of title 31, United States Code (commonly known as the
`False Claims Act'), may be used by the Director to make grants under
subsection (b).
SEC. 205. AMENDMENTS TO VICTIMS OF CRIME ACT OF 1984.
(a) CRIME VICTIMS FUND- Section 1402 of the Victims of Crime Act of 1984
(42 U.S.C. 10601) is amended--
(A) in paragraph (3), by striking `and' at the end;
(B) in paragraph (4), by striking the period at the end and inserting
`; and'; and
(C) by adding at the end the following:
`(5) any gifts, bequests, and donations from private entities or
individuals.'; and
(A) by striking paragraph (1) and inserting the following:
`(1) All unobligated balances transferred to the judicial branch for
administrative costs to carry out functions under sections 3611 and 3612 of
title 18, United States Code, shall be returned to the Crime Victims Fund
and may be used by the Director to improve services for crime victims in the
Federal criminal justice system.'; and
(B) in paragraph (4), by adding at the end the following:
`(C) States that receive supplemental funding to respond to incidents of
terrorism or mass violence under this section shall be required to return to
the Crime Victims Fund for deposit in the reserve fund, amounts subrogated
to the State as a result of third-party payments to victims.'.
(b) CRIME VICTIM COMPENSATION- Section 1403 of the Victims of Crime Act of
1984 (42 U.S.C. 10602) is amended--
(A) in each of paragraphs (1) and (2), by striking `40' and inserting
`60'; and
(B) in paragraph (3), by inserting `and evaluation' after
`administration'; and
(2) in subsection (b)(7), by inserting `because the identity of the
offender was not determined beyond a reasonable doubt in a criminal trial,
because criminal charges were not brought against the offender, or' after
`deny compensation to any victim'.
(c) CRIME VICTIM ASSISTANCE- Section 1404 of the Victims of Crime Act of
1984 (42 U.S.C. 10603) is amended--
(i) by striking the comma after `Director';
(ii) by inserting `or enter into cooperative agreements' after `make
grants';
(iii) by striking subparagraph (A) and inserting the
following:
`(A) for demonstration projects, evaluation, training, and technical
assistance services to eligible organizations;';
(iv) in subparagraph (B), by striking the period at the end and
inserting `; and'; and
(v) by adding at the end the following:
`(C) training and technical assistance that address the significance
of and effective delivery strategies for providing long-term psychological
care.'; and
(i) in subparagraph (C), by striking `and' at the end;
(ii) in subparagraph (D), by striking the period at the end and
inserting `; and'; and
(iii) by adding at the end the following:
`(E) use funds made available to the Director under this
subsection--
`(i) for fellowships and clinical internships; and
`(ii) to carry out programs of training and special workshops for
the presentation and dissemination of information resulting from
demonstrations, surveys, and special projects.'; and
(A) by striking paragraph (1) and inserting the following:
`(1) the term `State' includes--
`(A) the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, and any other territory or possession of the
United States; and
`(B) for purposes of a subgrant under subsection (a)(1) or a grant or
cooperative agreement under subsection (c)(1), the United States Virgin
Islands and any agency of the government of the District of Columbia or
the Federal Government performing law enforcement functions in and on
behalf of the District of Columbia.';
(i) in subparagraph (C), by striking `and' at the end;
and
(ii) by adding at the end the following:
`(E) public awareness and education and crime prevention activities
that promote, and are conducted in conjunction with, the provision of
victim assistance; and
`(F) for purposes of an award under subsection (c)(1)(A), preparation,
publication, and distribution of informational materials and resources for
victims of crime and crime victims organizations.';
(C) by striking paragraph (4) and inserting the following:
`(4) the term `crisis intervention services' means counseling and
emotional support including mental health counseling, provided as a result
of crisis situations for individuals, couples, or family members following
and related to the occurrence of crime;';
(D) in paragraph (5), by striking the period at the end and inserting
`; and'; and
(E) by adding at the end the following:
`(6) for purposes of an award under subsection (c)(1), the term
`eligible organization' includes any--
`(A) national or State organization with a commitment to developing,
implementing, evaluating, or enforcing victims' rights and the delivery of
services;
`(B) State agency or unit of local government;
`(C) tribal organization;
`(i) described in section 501(c) of the Internal Revenue Code of
1986; and
`(ii) exempt from taxation under section 501(a) of such Code;
or
`(E) other entity that the Director determines to be
appropriate.'.
(d) COMPENSATION AND ASSISTANCE TO VICTIMS OF TERRORISM OF MASS VIOLENCE-
Section 1404B of the Victims of Crime Act of 1984 (42 U.S.C. 10603b) is
amended--
(1) in subsection (a), by striking `1404(a)' and inserting
`1402(d)(4)(B)'; and
(2) in subsection (b), by striking `1404(d)(4)(B)' and inserting
`1402(d)(4)(B)'.
SEC. 206. SERVICES FOR VICTIMS OF CRIME AND DOMESTIC VIOLENCE.
Section 504 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1996 (110 Stat. 1321-53)
may not be construed to prohibit a recipient (as that term is used in that
section) from using funds derived from a source other than the Legal Services
Corporation to provide related legal assistance (as defined in section 502(b)
of Public Law 105-119 (111 Stat. 2511)) to any person with whom an alien (as
that term is used in subsection (a)(11) of that section) has a relationship
covered by the domestic violence laws of the State in which the alien resides
or in which an incidence of violence occurred.
SEC. 207. PILOT PROGRAM TO STUDY EFFECTIVENESS OF RESTORATIVE JUSTICE
APPROACH ON BEHALF OF VICTIMS OF CRIME.
(a) IN GENERAL- 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 by the Office of
Victims of Crime to make grants to States, units of local government, and
qualified private entities for the establishment of pilot programs that
implement balanced and restorative justice models.
(b) DEFINITION OF BALANCED AND RESTORATIVE JUSTICE MODEL- In this section,
the term `balanced and restorative justice model' means an approach to
criminal justice that promotes the maximum degree of involvement by a victim,
offender, and the community served by a criminal justice system by allowing
the criminal justice system and related criminal justice agencies to improve
the capacity of the system and agencies to--
(1) protect the community served by the system and agencies; and
(2) ensure accountability of the offender and the system.
SEC. 208. VICTIMS OF TERRORISM.
(a) IN GENERAL- Section 1404B of the Victims of Crime Act of 1984 (42
U.S.C. 10603b) is amended to read as follows:
`SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF TERRORISM OR MASS
VIOLENCE.
`(a) IN GENERAL- The Director may make grants, as provided in either
section 1402(d)(4)(B) or 1404--
`(1) to States, which shall be used for eligible crime victim
compensation and assistance programs for the benefit of victims described in
subsection (b); and
`(2) to victim service organizations, and public agencies that provide
emergency or ongoing assistance to victims of crime, which shall be used to
provide, for the benefit of victims described in subsection (b)--
`(A) emergency relief (including compensation, assistance, and crisis
response) and other related victim services; and
`(B) emergency response training and technical assistance.
`(b) VICTIMS DESCRIBED- Victims described in this subsection are victims
of a terrorist act or mass violence, whether occurring within or outside the
United States, who are--
`(1) citizens or employees of the United States; and
`(2) not eligible for compensation under title VIII of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986.'.
(b) APPLICABILITY- The amendment made by this section applies to any
terrorist act or mass violence occurring on or after December 20, 1989.
END