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108th CONGRESS
1st Session
S. 805
To enhance the rights of crime victims, to establish grants for local
governments to assist crime victims, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 7, 2003
Mr. Leahy (for himself, Mr. Kennedy, Mr. Corzine, Mr. Daschle, Mr.
Kerry, Mr. Feingold, Mrs. Murray, and Mr. Schumer) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To enhance the rights of crime victims, to establish grants for local
governments to assist crime victims, 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 ``Crime Victims
Assistance Act of 2003''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--VICTIM RIGHTS IN THE FEDERAL SYSTEM
Sec. 101. Right to consult concerning detention.
Sec. 102. Right to a speedy trial.
Sec. 103. Right to consult concerning plea.
Sec. 104. Enhanced participatory rights at trial.
Sec. 105. Enhanced participatory rights at sentencing.
Sec. 106. Right to notice concerning sentence adjustment, discharge
from psychiatric facility, and executive
clemency.
Sec. 107. Procedures to promote compliance.
TITLE II--VICTIM ASSISTANCE INITIATIVES
Sec. 201. Pilot programs to enforce compliance with State crime
victim's rights laws.
Sec. 202. Increased resources to develop state-of-the-art systems for
notifying crime victims of important dates
and developments.
Sec. 203. Restorative justice grants.
Sec. 204. Grants to develop interdisciplinary coordinated service
programs for victims of crime.
Sec. 205. Grants for services to crime victims with special
communication needs.
TITLE III--AMENDMENTS TO VICTIMS OF CRIME ACT OF 1984
Sec. 301. Formula for distributions from the crime victims fund.
Sec. 302. Clarification regarding antiterrorism emergency reserve.
Sec. 303. Prohibition on diverting crime victims fund to offset
increased spending.
TITLE I--VICTIM RIGHTS IN THE FEDERAL SYSTEM
SEC. 101. RIGHT TO CONSULT CONCERNING DETENTION.
(a) Right To Consult Concerning Detention.--Section 503(c) of the
Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)) is
amended by striking paragraph (2) and inserting the following:
``(2) A responsible official shall--
``(A) arrange for a victim to receive reasonable
protection from a suspected offender and persons acting
in concert with or at the behest of the suspected
offender; and
``(B) consult with a victim prior to a detention
hearing to obtain information that can be presented to
the court on the issue of any threat the suspected
offender may pose to the safety of the victim.''.
(b) Court Consideration of the Views of Victims.--Chapter 207 of
title 18, United States Code, is amended--
(1) in section 3142--
(A) in subsection (g)--
(i) in paragraph (3), by striking ``and''
at the end;
(ii) by redesignating paragraph (4) as
paragraph (5); and
(iii) by inserting after paragraph (3) the
following:
``(4) the views of the victim; and''; and
(B) by adding at the end the following:
``(k) Views of the Victim.--During a hearing under subsection (f),
the judicial officer shall inquire of the attorney for the Government
if the victim has been consulted on the issue of detention and the
views of such victim, if any.''; and
(2) in section 3156(a)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(6) the term `victim' includes all persons defined as
victims in section 503(e)(2) of the Victims' Rights and
Restitution Act of 1990 (42 U.S.C. 10607(e)(2)).''.
SEC. 102. RIGHT TO A SPEEDY TRIAL.
Section 3161(h)(8)(B) of title 18, United States Code, is amended
by adding at the end the following:
``(v) The interests of the victim (as defined in section 503(e)(2)
of the Victims' Rights and Restitution Act of 1990 (42 U.S.C.
10607(e)(2)) in the prompt and appropriate disposition of the case,
free from unreasonable delay.''.
SEC. 103. RIGHT TO CONSULT CONCERNING PLEA.
(a) Right To Consult Concerning Plea.--Section 503(c) of the
Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)) is
amended--
(1) by redesignating paragraphs (4) through (8) as
paragraphs (5) through (9), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) A responsible official shall make reasonable efforts
to notify a victim of, and consider the views of a victim
about, any proposed or contemplated plea agreement. In
determining what is reasonable, the responsible official should
consider factors relevant to the wisdom and practicality of
giving notice and considering views in the context of the
particular case, including--
``(A) the impact on public safety and risks to
personal safety;
``(B) the number of victims;
``(C) the need for confidentiality, including
whether the proposed plea involves confidential
information or conditions; and
``(D) whether time is of the essence in negotiating
or entering a proposed plea.''.
(b) Court Consideration of the Views of Victims.--Rule 11 of the
Federal Rules of Criminal Procedure is amended--
(1) by redesignating subdivisions (g) and (h) as
subdivisions (h) and (i), respectively; and
(2) by inserting after subdivision (f) the following:
``(g) Views of the Victim.--Notwithstanding the acceptance of a
plea of guilty, the court should not enter a judgment upon such plea
without making inquiry of the attorney for the Government if the victim
(as defined in section 503(e)(2) of the Victims' Rights and Restitution
Act of 1990) has been consulted on the issue of the plea and the views
of such victim, if any.''.
(c) Effective Date.--
(1) In general.--The amendments made by subsection (b)
shall become effective as provided in paragraph (3).
(2) Action by judicial conference.--
(A) Recommendations.--Not later than 180 days after
the date of enactment of this Act, the Judicial
Conference of the United States shall submit to
Congress a report containing recommendations for
amending the Federal Rules of Criminal Procedure to
provide enhanced opportunities for victims to be heard
on the issue of whether or not the court should accept
a plea of guilty or nolo contendere.
(B) Inapplicability of other law.--Chapter 131 of
title 28, United States Code, does not apply to any
recommendation made by the Judicial Conference of the
United States under this paragraph.
(3) Congressional action.--Except as otherwise provided by
law, if the Judicial Conference of the United States--
(A) submits a report in accordance with paragraph
(2) containing recommendations described in that
paragraph, and those recommendations are the same as
the amendments made by subsection (b), the amendments
made by subsection (b) shall become effective 30 days
after the date on which the recommendations are
submitted to Congress under paragraph (2);
(B) submits a report in accordance with paragraph
(2) containing recommendations described in that
paragraph, and those recommendations are different in
any respect from the amendments made by subsection (b),
the recommendations made pursuant to paragraph (2)
shall become effective 180 days after the date on which
the recommendations are submitted to Congress under
paragraph (2), unless an Act of Congress is passed
overturning the recommendations; and
(C) fails to comply with paragraph (2), the
amendments made by subsection (b) shall become
effective 360 days after the date of enactment of this
Act.
(4) Application.--Any amendment made pursuant to this
section (including any amendment made pursuant to the
recommendations of the Judicial Conference of the United States
under paragraph (2)) shall apply in any proceeding commenced on
or after the effective date of the amendment.
SEC. 104. ENHANCED PARTICIPATORY RIGHTS AT TRIAL.
(a) Amendments to Victim Rights Clarification Act.--Section 3510 of
title 18, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following:
``(c) Application to Televised Proceedings.--This section applies
to any victim viewing proceedings pursuant to section 235 of the
Antiterrorism and Effective Death Penalty Act of 1996 (42 U.S.C.
10608), or any rule issued pursuant to that section.
``(d) Standing.--
``(1) In general.--At the request of any victim of an
offense, the attorney for the Government may assert the right
of the victim under this section to attend and observe the
trial.
``(2) Victim standing.--If the attorney for the Government
declines to assert the right of a victim under this section,
then the victim has standing to assert such right.
``(3) Appellate review.--An adverse ruling on a motion or
request by an attorney for the Government or a victim under
this subsection may be appealed or petitioned under the rules
governing appellate actions, provided that no appeal or
petition shall constitute grounds for unreasonably delaying a
criminal proceeding.''.
(b) Amendment to Victims' Rights and Restitution Act of 1990.--
Section 502(b) of the Victims' Rights and Restitution Act of 1990 (42
U.S.C. 10606(b)) is amended--
(1) by amending paragraph (4) to read as follows:
``(4) The right to be present at all public court
proceedings related to the offense, unless the court determines
that testimony by the victim at trial would be materially
affected if the victim heard the testimony of other
witnesses.''; and
(2) in paragraph (5), by striking ``attorney'' and
inserting ``the attorney''.
SEC. 105. ENHANCED PARTICIPATORY RIGHTS AT SENTENCING.
(a) Views of the Victim.--Section 3553(a) of title 18, United
States Code, is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following:
``(7) the impact of the crime upon any victim of the
offense as reflected in any victim impact statement and the
views of any victim of the offense concerning punishment, if
such statement or views are presented to the court; and''.
(b) Enhanced Right To Be Heard Concerning Sentence.--Rule 32 of the
Federal Rules of Criminal Procedure is amended--
(1) in subdivision (c)(3)(E)--
(A) by striking ``if the sentence is to be imposed
for a crime of violence or sexual abuse,''; and
(B) by inserting ``written or oral'' before
``statement''; and
(2) by amending subdivision (f) to read as follows:
``(f) Definition.--For purposes of this rule, the term `victim'
means any individual against whom an offense has been committed for
which a sentence is to be imposed, but the right of allocution under
subdivision (c)(3)(E) may be exercised instead by--
``(1) a parent or legal guardian, if the victim is
incompetent or has not reached 18 years of age; or
``(2) 1 or more family members or relatives designated by
the court, if the victim is deceased or incapacitated,
if such person or persons are present at the sentencing hearing,
regardless of whether the victim is present.''.
(c) Effective Date.--
(1) In general.--The amendments made by subsection (b)
shall become effective as provided in paragraph (3).
(2) Action by judicial conference.--
(A) Recommendations.--Not later than 180 days after
the date of enactment of this Act, the Judicial
Conference of the United States shall submit to
Congress a report containing recommendations for
amending the Federal Rules of Criminal Procedure to
provide enhanced opportunities for victims to
participate during the presentencing and sentencing
phase of the criminal process.
(B) Inapplicability of other law.--Chapter 131 of
title 28, United States Code, does not apply to any
recommendation made by the Judicial Conference of the
United States under this paragraph.
(3) Congressional action.--Except as otherwise provided by
law, if the Judicial Conference of the United States--
(A) submits a report in accordance with paragraph
(2) containing recommendations described in that
paragraph, and those recommendations are the same as
the amendments made by subsection (b), the amendments
made by subsection (b) shall become effective 30 days
after the date on which the recommendations are
submitted to Congress under paragraph (2);
(B) submits a report in accordance with paragraph
(2) containing recommendations described in that
paragraph, and those recommendations are different in
any respect from the amendments made by subsection (b),
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