Summary: S.1483 — 104th Congress (1995-1996)All Information (Except Text)

There is one summary for S.1483. Bill summaries are authored by CRS.

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Introduced in Senate (12/15/1995)

TABLE OF CONTENTS:

Title I: Equal Protection for Victims

Title II: Domestic Violence

Victim Rights and Domestic Violence Prevention Act of 1995 - Title I: Equal Protection for Victims - Amends: (1) rule 24 of the Federal Rules of Criminal Procedure to entitle each side to six peremptory challenges if the offense charged is punishable by imprisonment for more than one year; (2) rule 32 regarding the victim's right of allocution in sentencing; and (3) rule 404 of the Federal Rules of Evidence regarding rebuttal of attacks on the victim's character.

(Sec. 104) Enacts Rules of Professional Conduct for Lawyers in Federal Practice.

(Sec. 105) Amends: (1) the Federal criminal code to repeal a requirement that notice of release of prisoners be used solely for law enforcement purposes; and (2) the Federal judicial code regarding the balance in the composition of rules committees.

Title II: Domestic Violence - Amends the Federal criminal code to provide for the death penalty for fatal domestic violence offenses.

(Sec. 202) Amends: (1) rule 404 of the Federal Rules of Evidence regarding evidence of the defendant's disposition towards the victim in domestic violence and other cases; and (2) rule 702 of the Federal Rules of Evidence regarding battered women's syndrome evidence.

(Sec. 204) Requires: (1) the testing of defendants for the human immunodeficiency virus (HIV) in sexual assault cases, with exceptions, with disclosure of the results to the court, the victim, the attorney for the Government, and the person tested; (2) that test results disclosed be subject to requirements of the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA); (3) that any test result of the defendant given to the victim or the defendant be accompanied by appropriate counseling, unless the recipient does not wish to receive such counseling; and (4) the United States Sentencing Commission to amend existing guidelines for sex crime offenses to enhance the sentence if the offender knew that he was infected with HIV, with exceptions.

Revises VCCLEA to authorize the Government to obtain an order requiring that the defendant be tested for the presence of the etiologic agent for acquired immune deficiency syndrome and that the results be communicated to the victim's parent or legal guardian, as appropriate. Modifies requirements to be met by the victim to obtain an order for such test.