[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 3120 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 3120
To assure the rights of victims of crime.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 22, 1993
Mr. McHale (for himself, Mr. Andrews of New Jersey, Mr. Bachus of
Alabama, Mr. Baesler, Mr. Barcia, Mr. Barlow, Mr. Barrett of Wisconsin,
Mr. Borski, Mr. Brown of Ohio, Ms. Danner, Mr. Deutsch, Mr. Diaz-
Balart, Mr. Doolittle, Mr. Evans, Mr. Frost, Mr. Geren of Texas, Mr.
Greenwood, Mr. Gutierrez, Mr. Hoke, Mr. Holden, Ms. Norton, Mr. Inslee,
Mr. Johnston of Florida, Mr. Johnson of Georgia, Mr. Kanjorski, Mr.
Klein, Mr. Klink, Mr. Knollenberg, Mr. Kreidler, Mr. Lancaster, Mr.
Menendez, Mr. McCloskey, Mr. McInnis, Mr. Meehan, Mr. Minge, Mr.
Murphy, Mr. Murtha, Mr. Orton, Mr. Pomeroy, Mr. Quinn, Mr. Royce, Mr.
Santorum, Ms. Schenk, Mr. Shuster, Mr. Skelton, Mr. Stupak, Mr. Swett,
Mr. Talent, Mr. Taylor of Mississippi, Mr. Tejeda, Mr. Tucker, and Mr.
Underwood) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To assure the rights of victims of 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 ``Crime Victims' Bill of Rights Act''.
SEC. 2. VICTIMS' STATEMENT IN FEDERAL CASES.
Rule 32 of the Federal Rules of Criminal Procedure is amended--
(1) by striking ``and'' at the end of subdivision
(a)(1)(B);
(2) by striking the period at the end of subdivision
(a)(1)(C) and inserting ``; and'';
(3) by inserting after subdivision (a)(1)(C) the following:
``(D) address personally any victim of the offense
for which sentence is to be imposed (or a member of
that victim's immediate family or, in the discretion of
the court, any other appropriate person representing
the victim) who is present at the sentencing hearing,
and afford the individual so addressed the opportunity
to make a statement and present information in relation
to the sentence.'';
(4) in the penultimate sentence of subdivision (a)(1), by
striking ``equivalent opportunity'' and inserting ``opportunity
equivalent to that of the defendant's counsel''; and
(5) by adding at the end of subdivision (a)(1) the
following: ``Upon request by a victim, the court may hear in
camera such a statement by that victim.''.
SEC. 3. RIGHT OF VICTIMS OF STATE OFFENSES TO BE INFORMED ABOUT VICTIM
COMPENSATION AND ASSISTANCE PROGRAMS.
Section 1403(b) of the Victims of Crime Act of 1984 (42 U.S.C.
10602(b) is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by inserting after paragraph (7) the following:
``(8) such State provides an effective system of notice to
crime victims of the existence of compensation and other
programs to assist victims of crime in which those victims
might be eligible to participate; and''; and
(3) by redesignating existing paragraph (8) as paragraph
(9).
SEC. 4. RIGHT OF VICTIMS IN COURT PROCEEDINGS.
(a) Separation of Victim from Accused.--Section 501(b) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 is amended--
(1) by striking the period at the end of paragraph (21) and
adding ``; and''; and
(2) by adding at the end the following:
``(22) programs that allow for the physical and visual
separation of a victim of crime from an alleged perpetrator of
such crime while waiting in a judicial facility for a courtroom
appearance.''.
(b) Formula Grant Reduction for Noncompliance.--Section 506 of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 is
amended by adding at the end the following:
``(g) In order not to reduce the funds available under this subpart
by 25 percent (for redistribution to other participating States), a
State shall, on the first day of each fiscal year succeeding the first
fiscal year beginning after September 30, 1994--
``(1) notify a victim of crime of the availability of
visual and physical separation from an alleged perpetrator of
such crime while waiting in a judicial facility for a courtroom
appearance;
``(2) provide such victim the opportunity for visual and
physical separation from an alleged perpetrator of such crime
while waiting in a judicial facility for a courtroom
appearance;
``(3) provide a victim of crime with the earliest possible
notice of the scheduling of each court proceeding or parole
hearing that the witness is either required or entitled to
attend; and
``(4) address personally any victim of the offense for
which sentence is to be imposed (or a member of that victim's
immediate family or, in the discretion of the court, any other
appropriate person representing the victim) who is present at
the sentencing hearing, and afford the individual so addressed
the opportunity to make a statement and present information in
relation to the sentence.''.
SEC. 5. FEDERAL VICTIMS RIGHTS TO BE INFORMED ABOUT COMPENSATION
PROGRAMS AND TO SEPARATE WAITING FACILITIES.
The Attorney General shall assure that Federal prosecutors and law
enforcement officials--
(1) provide an effective system of notice to crime victims
of the existence of compensation and other programs to assist
victims of crime in which those victims might be eligible to
participate;
(2) notify victims of Federal crime of the availability of
visual and physical separation from alleged perpetrators of
such crime while waiting in a judicial facility for a courtroom
appearance;
(3) provide victims of Federal crime the opportunity for
visual and physical separation from alleged perpetrators of
such crime while waiting in a judicial facility for a courtroom
appearance; and
(4) provide a victim of crime with the earliest possible
notice of the scheduling of each court proceeding or parole
hearing that the witness is either required or entitled to
attend.
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