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Pub.L. 105-60 To provide for the exchange of lands within Admiralty Island National Monument, and for other purposes. <> ...


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[[Page 111 STAT. 12]]

Public Law 105-6
105th Congress

                                 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. <<NOTE: Mar. 19, 1997 -  [H.R. 924]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Victim Rights 
Clarification Act of 1997.>> 

SECTION 1. <<NOTE: 18 USC 3481 note.>>  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.''.

[[Page 111 STAT. 13]]

    (d) Effect <<NOTE: 18 USC 3510 note.>>  on Pending Cases.--The 
amendments made by this section shall apply in cases pending on the date 
of the enactment of this Act.

    Approved March 19, 1997.

LEGISLATIVE HISTORY--H.R. 924 (S. 447):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 105-28 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 143 (1997):
            Mar. 18, considered and passed House.
            Mar. 19, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
            Mar. 20, Presidential statement.

                                  <all>

Pages: 1

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