[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9858 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9858
To strengthen the rights of crime victims, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 25, 2024
Ms. Wasserman Schultz (for herself, Mr. Owens, Ms. Lois Frankel of
Florida, and Mr. Costa) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To strengthen the rights of 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.
This Act may be cited as the ``Reinforcing Crime Victims' Rights
Act''.
SEC. 2. CRIME VICTIMS' RIGHTS.
(a) In General.--Chapter 237 of title 18, United States Code, is
amended--
(1) in section 3771--
(A) in subsection (a)--
(i) by striking ``A crime victim'' and
inserting ``Upon the suspected or alleged
commission of a Federal or District of Columbia
offense, a crime victim'';
(ii) in paragraph (5), by striking
``Government in the case'' and inserting
``Government, including the right to confer
about any agreement that could resolve the case
or investigation, plea bargain, plea offer or
agreement, pretrial diversion offer or
agreement, or voluntary dismissal is presented
to the court or is otherwise formally
executed'';
(iii) by amending paragraph (9) to read as
follows:
``(9) The right to be informed in a timely manner of any
plea bargain, plea offer or agreement, deferred prosecution
agreement, or other agreement that resolves the case or
investigation, pretrial diversion agreement, or the referral of
a criminal investigation to another Federal, State, Tribal, or
local law enforcement entity.''; and
(iv) in paragraph (10), by striking
``contact information for the Office of the
Victims' Rights Ombudsman of the Department of
Justice'' and inserting ``a crime victims'
rights card listing the rights described in
this subsection, contact information for the
Office of the Crime Victims' Rights Ombudsman
of the Department of Justice, and information
about sources of legal assistance (including
pro bono legal assistance) related to the
exercise of these rights, including that the
victim has the right to seek the advice of an
attorney with respect to these rights'';
(B) in subsection (b)(1), by inserting after the
first sentence the following: ``The court shall also
confirm that the Government has complied with its
obligation to accord the rights described in subsection
(a) and may issue any reasonable orders to cure
noncompliance.'';
(C) in subsection (c)--
(i) by amending paragraph (1) to read as
follows:
``(1) Government.--
``(A) In general.--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 crimes shall make
their best efforts to see that crime victims are
notified of, and accorded, the rights described in
subsection (a).
``(B) Request for delay.--
``(i) Circumstances.--If charges pertaining
to the victim have not been publicly filed, and
the Government determines that according one or
more of the rights described in subsection (a)
would threaten the safety of an individual,
interfere with an ongoing investigation or
prosecution, compromise national security, or
result in premature disclosure of material
nonpublic information, the Government may
request leave from the court to delay according
the right for the limited period of time
necessary to avoid the harm or until charges
are publicly filed, whichever comes first.
``(ii) Court procedure.--The court shall
review a submission made by the Government
along with its request, the court may grant
such request if it is supported by clear and
convincing evidence. The Court shall maintain a
record of the Government's request and its
ruling on the matter, which shall be provided
to the victim at the conclusion of the delay.
``(iii) Duration.--An order by a court
granting a request for a delay under this
subparagraph shall be for a period that does
not exceed 90 days, except that the Government
may, for good cause, apply for an extension of
the delay period. The granting of a delay under
this subparagraph shall not constitute grounds
for failing to ultimately accord a right to any
victim.
``(C) Court-ordered remedies.--If a court finds
that the Government failed to comply with subparagraph
(A), it may order an appropriate remedy under the
circumstances, as set forth in subsection (d).
``(D) Pro bono legal representation for victims.--
To the extent practicable, and consistent with
applicable ethical standards and rules of professional
conduct, the Government shall provide to the crime
victim general information on how to seek available pro
bono legal representation for the purpose of asserting
the rights under this section.''; and
(ii) by amending paragraph (2) to read as
follows:
``(2) Advice of attorney.--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 the alleged crime shall inform the crime victim
in writing that the crime victim can seek the advice of an
attorney with respect to the rights described in subsection
(a).''.
(D) in subsection (d)--
(i) by amending paragraph (1) to read as
follows:
``(1) Rights.--
``(A) In general.--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.
``(B) Representation by victim's attorney.--
``(i) In general.--An attorney may enter an
appearance of behalf of a crime victim or crime
victim's lawful representative in the district
court in which a defendant is being or has been
prosecuted for a crime in the same manner as
any other party to the proceedings, or if no
prosecution is underway, in the district court
for the district in which the crime occurred.
``(ii) Requirements of parties.--Each party
to the proceeding shall serve the attorney for
the victim with a copy of each pleading that
relates to the crime victim's rights under
subsection (a).
``(iii) Requirements of the clerk of the
court.--The clerk of the court shall provide to
the attorney a copy of any court order related
to such rights and notify the attorney of any
hearing that may affect such rights.
``(iv) Requirements of the court.--The
court shall--
``(I) provide the crime victim's
attorney or lawful representative
access to all case records in the
action; and
``(II) serve the crime victim's
attorney or lawful representative with
any filings that are directly relevant
to or implicate the crime victim's
rights described in subsection (a).'';
(ii) in paragraph (2), by inserting after
the period at the end the following: ``The
procedure fashioned by the court under this
paragraph shall have no effect on the duty of
officers and employees of the Government to
make their best efforts to accord crime victims
the rights described in subsection (a).'';
(iii) by amending paragraph (3) to read as
follows:
``(3) Motion for relief and writ of mandamus.--
``(A) Motion for relief.--The rights described in
subsection (a) shall be asserted in the district court
in which a defendant is being prosecuted or has been
prosecuted for the crime. If no prosecution is underway
at the time of the motion for relief, the rights
described in subsection (a) shall be asserted in the
district court in the district in which the crime is
alleged to have occurred. The motion may be filed in an
existing criminal case or, if no complaint,
information, or indictment has been filed at that time,
by a separate rights enforcement action.
``(B) Review of motion for relief.--
``(i) In general.--The district court shall
take up and decide any motion or separate
rights enforcement action asserting a victim's
right forthwith.
``(ii) Additional information.--If the
district court determines that additional
information is relevant to the movant's
assertion of the right, the Government shall
promptly provide all such additional
information to the court and movant. The court
may, for good cause, allow the Government to
provide a substantive summary of such
information instead of providing the
information itself. Upon the Government's
request, the court shall enter an appropriate
protective order governing dissemination and
use of any information or substantive summary
provided under this clause.
``(iii) Written opinion required for denial
of relief.--If the district court denies the
relief sought by the movant, the court shall
enter a written opinion, which clearly states
the reasons for the denial.
``(C) Writ of mandamus.--If the court denies a
motion described in subparagraph (A), 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,
unless the litigants, with notice to the court, have
agreed to a longer time period for consideration. In
deciding such application, the court of appeals shall
determine the merits of the application and, in making
such determination, shall apply ordinary standards of
appellate review to any procedural or substantive
issues. If the court of appeals denies the relief
sought, the reasons for the denial shall be clearly
stated on the record in a written order or opinion.'';
(iv) by amending paragraph (5) to read as
follows:
``(5) Re-opening proceedings.--
``(A) In general.--In no case shall a failure to
afford a right under this chapter provide grounds for a
new trial.
``(B) Victims who received timely notice.--A victim
who received timely notice of the relevant proceedings
may make a motion or file a separate enforcement action
to reopen a plea or sentence only if--
``(i) the victim has asserted the right to
be heard before or during the proceeding at
issue and such right was denied;
``(ii) the victim petitions the court of
appeals for a writ of mandamus in a timely
manner; and
``(iii) in the case of a plea, the accused
has not pleaded guilty to the highest offense
charged, and in the case of a sentencing, the
accused has not been sentenced to the statutory
maximum.
``(C) Victims who did not receive timely notice.--A
victim who did not receive timely notice of the
relevant proceedings may make a motion or file a
separate enforcement action to reopen a plea or
sentence, only if--
``(i) the victim makes such a motion or
files such a separate enforcement action in a
timely manner; and
``(ii) in the case of a plea, the accused
has not pleaded guilty to the highest offense
charged, and in the case of a sentencing, the
accused has not been sentenced to the statutory
maximum.'';
(v) by redesignating paragraph (6) as
paragraph (9); and
(vi) by inserting after paragraph (5) the
following:
``(6) Motion to annul deferred prosecution and
nonprosecution agreements.--A crime victim may make a motion
requesting that the Government seek to annul a deferred
prosecution agreement or nonprosecution agreement by filing a
motion with the court in writing asserting that they were not
accorded the reasonable right to confer in subsection (a)(5).
Upon a finding by the court that the victim's right under
subsection (a)(5) was violated, the Court shall hold a hearing
to evaluate whether the agreement should be annulled.
``(7) Remedies.--Upon a finding that a victim's rights
under this section have been violated, the court shall order a
just and appropriate remedy, which may include reopening a
proceeding, to address such violation, except that any such
remedy may not violate a defendant's constitutional rights and
shall account for the interests of other victims and the
public. An order under this paragraph, or under paragraph (5)
or (6), shall not be construed to impair prosecutorial
discretion under paragraph (9).
``(8) Attorneys' fees.--A crime victim who prevails against
the United States in an action to enforce a right under this
section shall be entitled to an award of reasonable attorneys'
fees and expenses, as provided in section 2412 of title 28.'';
(E) in subsection (e)--
(i) by amending paragraph (1) to read as
follows:
``(1) Court of appeals.--The term `court of appeals'
means--
``(A) the United States court of appeals for--
``(i) the judicial district in which a
district court has rendered a decision for
which the victim seeks appellate review;
``(ii) if no such decision has been
rendered, the judicial district in which the
defendant is being prosecuted; or
``(iii) if there is no such prosecution,
the judicial district in which the offense was
alleged to have been committed; or
``(B) for a prosecution or offense committed in the
District of Columbia, in the Superior Court of the
District of Columbia, or the District of Columbia Court
of Appeals.'';
(ii) by amending subparagraph (2)(A) to
read as follows:
``(A) In general.--The term `crime victim' means a
person directly and proximately harmed as a result of a
suspected or alleged Federal or District of Columbia
offense, or such an offense with respect to which an
individual has been charged or convicted.''; and
(iii) by adding at the end the following:
``(4) Crime victim's lawful representative.--The term
`crime victim's lawful representative' means an individual or
entity designated or appointed to represent a crime victim or
take their place in a court proceeding or other legal
proceeding--
``(A) by the crime victim;
``(B) by the parent or legal guardian of the crime
victim, in the case of a crime victim who is a minor,
incapacitated, or deceased; or
``(C) by the court.
``(5) Timely.--The term `timely' means sufficient time for
the victim to exercise their rights under this section, and in
accordance with any applicable rules of procedure.
``(6) Suspected or alleged.--The term `suspected or
alleged' means, with respect to an offense, that there is an
investigation of an offense, but no charges have been filed.'';
(F) in subsection (f)--
(i) by amending paragraph (2)(A) to read as
follows:
``(A) designate an administrative authority in the
Department of Justice (referred to in this subsection
as the `Administrative Authority') under the
independent supervision of the Inspector General of the
Department of Justice to receive and investigate
complaints relating to the provision or violation of
the rights of a crime victim;'';
(ii) by amending paragraph (2)(B) to read
as follows:
``(B) require a course of training for employees
and offices of the Department of Justice engaged in the
detection, investigation, or prosecution of crimes that
pertains to the treatment of crime victims,
incorporates trauma-informed methods and practices, and
otherwise assists such employees and offices in
responding more effectively to the needs of crime
victims;''; and
(iii) by adding at the end the following:
``(3) Adjudication of complaints.--
``(A) Complaints.--A crime victim or a crime
victim's lawful representative may submit to the
Administrative Authority a complaint alleging that an
attorney for the Government violated the rights of a
crime victim under subsection (a), which complaint
shall include the following:
``(i) The full name, address, telephone
number, and electronic mail address of the
complainant.
``(ii) The name and title of the individual
who violated the rights of the crime victim.
``(iii) The right of the crime victim that
was allegedly violated.
``(iv) The details of the allegation,
including the name of the court case and the
jurisdiction in which the misconduct occurred,
if applicable.
``(v) Copies of any document that supports
the complainant's allegation.
``(vi) Any other information relevant to
the complaint.
``(B) Period to submit complaints.--A complaint
under subparagraph (A) may be submitted beginning on
the date of the violation and ending on the date that
is 180 days after a final judgment is entered in the
underlying criminal proceeding (including any appeal),
except that the Administrative Authority may extend
such filing period for good cause.
``(C) Log of complaints.--The Administrative
Authority shall maintain a log of each complaint
submitted under subparagraph (A).
``(D) Decisions.--
``(i) In general.--The Administrative
Authority shall issue a decision with respect
to the alleged violation within 180 days of
receiving a complaint under this section.
``(ii) Fines and costs.--Upon a finding by
the Administrative Authority that the rights of
a crime victim were violated, the
Administrative Authority shall have the
discretion to impose fines or reimburse the
victim for costs associated with the violation.
``(iii) Form and notice.--Upon issuing a
finding by the Administrative Authority
resolving a complaint under this section, the
Administrative Authority shall provide the
crime victim with a written copy of the
decision, including any imposed sanctions or
disciplinary measures, and advise the crime
victim of their right to appeal to the
Inspector General of the Department of Justice
under subparagraph (E).
``(E) Appeal to the inspector general.--
``(i) In general.--Not later than 10
business days after the issuance of an order
under subparagraph (D), the complainant or the
attorney for the Government may appeal the
order to the Inspector General of the
Department of Justice.
``(ii) Time for review.--Not later than 30
days after an appeal is filed under this
subparagraph, the Inspector General shall
review the order.
``(iii) Notice to congress.--In the case
that the Inspector General does not uphold the
decision of the Administrative Authority, the
Inspector General shall notify Congress as soon
as practicable, but in no case later than 10
business days after completing review.
``(iv) Failure to review.--If the Inspector
General fails to review an order pursuant to an
appeal filed under this subparagraph, the order
shall be deemed to have been upheld by the
Inspector General on the date that is 45 days
after the appeal is filed.''; and
(2) by adding at the end the following:
``Sec. 3772. General provisions
``(a) Rule Making.--The Attorney General shall issue such rules as
may be necessary to carry out this chapter.
``(b) Reports to Congress.--
``(1) In general.--The Attorney General, in consultation
with the Inspector General of the Department of Justice, shall
submit a report to the appropriate congressional committees on
steps taken to improve the efforts of the Department of Justice
in according crime victims their rights during the period
covered by the report.
``(2) Report contents.--The report shall include--
``(A) the number of complaints filed with the
Administrative Authority designated under subsection
(f);
``(B) the outcome of those complaints (including
any disciplinary action);
``(C) information pertaining to individual Federal
districts and Federal prosecutors that are the subject
of complaints, including--
``(i) the number of complaints filed with
the Administrative Authority that were
subsequently referred to a State bar
association;
``(ii) a list of Federal districts in which
misconduct was alleged to have occurred and the
number of complaints with respect to each such
district; and
``(iii) a list of attorneys against whom 3
or more complaints were submitted to the
Administrative Authority; and
``(D) a list of all cases in which a court or the
Administrative Authority determined that there was a
failure to accord a crime victim a right under section
3771, and the best efforts made by officers and
employees of the Department of Justice in each such
case.
``(3) Annual and biannual reports.--The report described in
paragraph (1) shall be submitted--
``(A) not later than 1 year after the date of
enactment of this section;
``(B) annually thereafter for a period of 2 years;
and
``(C) biannually after the end of the period
described in subparagraph (B).
``(4) Definition.--In this section, the term `appropriate
congressional committees' means the Committee on the Judiciary
of the Senate, the Committee on Appropriations of the Senate,
the Committee on the Judiciary of the House of Representatives,
and the Committee on Appropriations of the House of
Representatives.''.
(b) Clerical Amendment.--The table of sections for chapter 237 of
title 18, United States Code, is amended by adding at the end the
following:
``3772. General provisions.''.
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