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