H.R. 924 (rh) To amend title 18, United States Code, to give further assurance to the right of victims of crime to attend and observe the trials of those accused of the crime. ...

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105th CONGRESS
  1st Session
                                H. R. 924


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 18, 1997

                                Received

_______________________________________________________________________

                                 AN ACT


 
To amend title 18, United States Code, to give further assurance to the 
  right of victims of crime to attend and observe the trials of those 
                         accused of the crime.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Victim Rights Clarification Act of 
1997''.

SEC. 2. RIGHTS OF VICTIMS TO ATTEND AND OBSERVE TRIAL.

    (a) In General.--Chapter 223 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3510. Rights of victims to attend and observe trial
    ``(a) Non-Capital Cases.--Notwithstanding any statute, rule, or 
other provision of law, a United States district court shall not order 
any victim of an offense excluded from the trial of a defendant accused 
of that offense because such victim may, during the sentencing hearing, 
make a statement or present any information in relation to the 
sentence.
    ``(b) Capital Cases.--Notwithstanding any statute, rule, or other 
provision of law, a United States district court shall not order any 
victim of an offense excluded from the trial of a defendant accused of 
that offense because such victim may, during the sentencing hearing, 
testify as to the effect of the offense on the victim and the victim's 
family or as to any other factor for which notice is required under 
section 3593(a).
    ``(c) Definition.--As used in this section, the term `victim' 
includes all persons defined as victims in section 503(e)(2) of the 
Victims' Rights and Restitution Act of 1990.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 223 of title 18, United States Code, is amended by adding at 
the end the following new item:

``3510. Rights of victims to attend and observe trial.''.
    (c) Clarification of Grounds for Exclusion.--Section 3593(c) of 
title 18, United States Code, is amended by inserting ``For the 
purposes of the preceding sentence, the fact that a victim, as defined 
in section 3510, attended or observed the trial shall not be construed 
to pose a danger of creating unfair prejudice, confusing the issues, or 
misleading the jury.'' after ``misleading the jury.''.
    (d) Effect on Pending Cases.--The amendments made by this section 
shall apply in cases pending on the date of the enactment of this Act.

            Passed the House of Representatives March 18, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

                              By Julie Perrier,

                                                Assistant to the Clerk.

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