H.R. 5107 (ih) To make certain corrections in copyright law. [Introduced in House] ...

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        H.R.5107

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four


                                 An Act


 
 To protect crime victims' rights, to eliminate the substantial backlog 
 of DNA samples collected from crime scenes and convicted offenders, to 
improve and expand the DNA testing capacity of Federal, State, and local 
  crime laboratories, to increase research and development of new DNA 
  testing technologies, to develop new training programs regarding the 
 collection and use of DNA evidence, to provide post-conviction testing 
of DNA evidence to exonerate the innocent, to improve the performance of 
         counsel in State capital cases, and for other purposes.

    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 ``Justice for All 
Act of 2004''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:
Sec. 1. Short title; table of contents.

TITLE I--SCOTT CAMPBELL, STEPHANIE ROPER, WENDY PRESTON, LOUARNA GILLIS, 
                 AND NILA LYNN CRIME VICTIMS' RIGHTS ACT

Sec. 101. Short title.
Sec. 102. Crime victims' rights.
Sec. 103. Increased resources for enforcement of crime victims' rights.
Sec. 104. Reports.

                   TITLE II--DEBBIE SMITH ACT OF 2004

Sec. 201. Short title.
Sec. 202. Debbie Smith DNA Backlog Grant Program.
Sec. 203. Expansion of Combined DNA Index System.
Sec. 204. Tolling of statute of limitations.
Sec. 205. Legal assistance for victims of violence.
Sec. 206. Ensuring private laboratory assistance in eliminating DNA 
          backlog.

            TITLE III--DNA SEXUAL ASSAULT JUSTICE ACT OF 2004

Sec. 301. Short title.
Sec. 302. Ensuring public crime laboratory compliance with Federal 
          standards.
Sec. 303. DNA training and education for law enforcement, correctional 
          personnel, and court officers.
Sec. 304. Sexual assault forensic exam program grants.
Sec. 305. DNA research and development.
Sec. 306. National Forensic Science Commission.
Sec. 307. FBI DNA programs.
Sec. 308. DNA identification of missing persons.
Sec. 309. Enhanced criminal penalties for unauthorized disclosure or use 
          of DNA information.
Sec. 310. Tribal coalition grants.
Sec. 311. Expansion of Paul Coverdell Forensic Sciences Improvement 
          Grant Program.
Sec. 312. Report to Congress.

               TITLE IV--INNOCENCE PROTECTION ACT OF 2004

Sec. 401. Short title.

        Subtitle A--Exonerating the innocent through DNA testing

Sec. 411. Federal post-conviction DNA testing.
Sec. 412. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program.
Sec. 413. Incentive grants to States to ensure consideration of claims 
          of actual innocence.

  Subtitle B--Improving the quality of representation in State capital 
                                  cases

Sec. 421. Capital representation improvement grants.
Sec. 422. Capital prosecution improvement grants.
Sec. 423. Applications.
Sec. 424. State reports.
Sec. 425. Evaluations by Inspector General and administrative remedies.
Sec. 426. Authorization of appropriations.

          Subtitle C--Compensation for the wrongfully convicted

Sec. 431. Increased compensation in Federal cases for the wrongfully 
          convicted.
Sec. 432. Sense of Congress regarding compensation in State death 
          penalty cases.

   TITLE I--SCOTT CAMPBELL, STEPHANIE ROPER, WENDY PRESTON, LOUARNA 
            GILLIS, AND NILA LYNN CRIME VICTIMS' RIGHTS ACT

SEC. 101. SHORT TITLE.

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

SEC. 102. 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 court proceeding, or any parole proceeding, involving 
    the crime or of any release or escape of the accused.
        ``(3) The right not to be excluded from any such public court 
    proceeding, unless the court, after receiving clear and convincing 
    evidence, determines that testimony by the victim would be 
    materially altered if the victim heard other testimony at that 
    proceeding.
        ``(4) The right to be reasonably heard at any public proceeding 
    in the district court involving release, plea, sentencing, or any 
    parole proceeding.
        ``(5) The reasonable 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). Before 
making a determination described in subsection (a)(3), the court shall 
make every effort to permit the fullest attendance possible by the 
victim and shall consider reasonable alternatives to the exclusion of 
the victim from the criminal proceeding. 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) Advice of attorney.--The prosecutor shall advise the 
    crime victim that the crime victim can seek the advice of an 
    attorney with respect to the rights described in subsection (a).
        ``(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 or the crime victim's lawful 
    representative, and the attorney for the Government may assert the 
    rights described in subsection (a). 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 described in subsection (a), 
    the court shall fashion a reasonable procedure to give effect to 
    this chapter that does not unduly complicate or prolong the 
    proceedings.
        ``(3) Motion for relief and writ of mandamus.--The rights 
    described in subsection (a) shall be asserted in the district court 
    in which a defendant is being prosecuted for the crime or, if no 
    prosecution is underway, in the district court in the district in 
    which the crime occurred. The district court shall take up and 
    decide any motion asserting a victim's right forthwith. If the 
    district court denies the relief sought, the movant may petition 
    the court of appeals for a writ of mandamus. The court of appeals 
    may issue the writ on the order of a single judge pursuant to 
    circuit rule or the Federal Rules of Appellate Procedure. The court 
    of appeals shall take up and decide such application forthwith 
    within 72 hours after the petition has been filed. In no event 
    shall proceedings be stayed or subject to a continuance of more 
    than five days for purposes of enforcing this chapter. If the court 
    of appeals denies the relief sought, the reasons for the denial 
    shall be clearly stated on the record in a written opinion.
        ``(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) Limitation on relief.--In no case shall a failure to 
    afford a right under this chapter provide grounds for a new trial. 
    A victim may make a motion to re-open a plea or sentence only if--
            ``(A) the victim has asserted the right to be heard before 
        or during the proceeding at issue and such right was denied;
            ``(B) the victim petitions the court of appeals for a writ 
        of mandamus within 10 days; and
            ``(C) in the case of a plea, the accused has not pled to 
        the highest offense charged.
    This paragraph does not affect the victim's right to restitution as 
    provided in title 18, United States Code.''.
        ``(6) No cause of action.--Nothing in this chapter shall be 
    construed to authorize a cause of action for damages or to create, 
    to enlarge, or to imply any duty or obligation to any victim or 
    other person for the breach of which the United States or any of 
    its officers or employees could be held liable in damages. Nothing 
    in this chapter shall be construed to impair the prosecutorial 
    discretion of the Attorney General or any officer under his 
    direction.
    ``(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 or an offense in the 
District of Columbia. 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) designate 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. 103. 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) Prohibition.--Grant amounts under this section may not be 
used to bring a cause of action for damages.
    ``(c) 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 title--
        (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 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 
    organizations that provide legal counsel and support services for 
    victims in criminal cases for the enforcement of crime victims' 

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