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


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108th CONGRESS
  2d Session
                                H. R. 5107


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 7, 2004

                                Received

_______________________________________________________________________

                                 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);

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