S 2329 · 108th Congress 2003–2005, ended

Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act

Introduced Apr 21, 2004 Originated Senate Sponsor Jon Kyl R-AZ

Fact sheet Spreadsheet

Latest action · Jun 28, 2004 Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedApr 21, 2004
  2. Passed SenateApr 22, 2004
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act - Amends the Federal criminal code to provide that a crime victim has the following rights: (1) to be reasonably protected from the accused; (2) to reasonable, accurate, and timely notice of, and to not be excluded from, any public proceeding involving the crime or of any release or escape of the accused; (3) to be reasonably heard at any public proceeding involving release, plea, or sentencing; (4) to confer with the attorney for the Government in the case; (5) to full and timely restitution as provided in law; (6) to proceedings free from unreasonable delay; and (7) to be treated with fairness and with respect for his or her dignity and privacy. Directs the court to ensure that a victim is afforded these rights in any proceeding involving the offense and to clearly state on the record the reasons for any decision denying relief under this Act.

Requires officers and employees of the Department of Justice (DOJ) and other departments and agencies engaged in the detection, investigation, or prosecution of crime to make their best efforts to see that crime victims are notified of, and accorded, these rights. Requires the prosecutor to advise a crime victim of any material conflict of interest between the prosecutor and the victim, and to take reasonable steps to direct the victim to the appropriate legal referral, legal assistance, or legal aid agency. Provides that notice of release otherwise required under this Act shall not be given if it may endanger the safety of any person.

Authorizes the crime victim, the victim's lawful representative, and the Government attorney to assert the rights established under this Act. Directs the court, in a case where it finds that the number of victims makes it impracticable to accord all of the victims the rights contained in this Act, to fashion a procedure to give effect to this Act.

Authorizes the Government or the crime victim to apply for a writ of mandamus to the appropriate appeals court if a Federal court denies any right of a crime victim under this Act or under the Federal Rules of Criminal Procedure. Directs the court of appeals to decide such application and order such relief as necessary to protect the victim's ability to exercise these rights. Allows the Government, in any appeal in a criminal case, to assert as error the district court's denial of a victim's right in a proceeding. Provides that in no case shall a failure to afford a right under this Act provide grounds for a new trial.

Directs the Attorney General to promulgate regulations to enforce victims' rights and to ensure compliance by responsible officials with obligations respecting crime victims.

Repeals victims' rights provisions of the Victims' Rights and Restitution Act of 1990.

(Sec. 3) Amends the Victims of Crime Act of 1984 to authorize the Director of DOJ's Office for Victims of Crime (Office) to make grants to: (1) develop, establish, and maintain programs for the enforcement of crime victims' rights; and (2) develop and implement state-of-the-art systems for notifying crime victims of important dates and developments relating to criminal proceedings in a timely and efficient manner, provided that the jurisdiction has substantially equivalent provisions.

Authorizes appropriations for: (1) U.S. Attorneys Offices for Victim/Witnesses Assistance Programs; (2) the Office for enhancement of the Victim Notification System and for staff to administer the appropriation for the support of the National Crime Victim Law Institute or other specified organizations; and (3) the Office for support of the Institute and the establishment and operation of the Institute's programs to provide counsel for victims in criminal cases for the enforcement of crime victims' rights in Federal jurisdictions, and in States and tribal governments that have substantially equivalent provisions, or for other substantially similar organizations.

(Sec. 4) Directs the Administrative Office of the United States Courts, for each Federal court, to annually report to Congress on: (1) the number of times that a right under this Act is asserted in a criminal case and the relief requested is denied (and the reason for such denial); and (2) the number of times a mandamus action is brought pursuant to this Act and the result reached.

Requires the Comptroller General to study and report to Congress on the effect and efficacy of the implementation of this Act on the treatment of crime victims in the Federal system.

Recorded votes 1

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
Senate 70Bill Passed96–1Apr 22, 2004

Cosponsors 37

Members who signed on, in the order they did. Signatures ran from Apr 21, 2004 to Sep 7, 2004; 22 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-FLBill NelsonOriginalApr 21, 2004
D-NYCharles E. SchumerOriginalApr 21, 2004
R-IAChuck GrassleyOriginalApr 21, 2004
D-MIDebbie StabenowOriginalApr 21, 2004
D-CADianne FeinsteinOriginalApr 21, 2004
D-MAEdward M. KennedyOriginalApr 21, 2004
D-INEvan BayhOriginalApr 21, 2004
D-NYHillary Rodham ClintonOriginalApr 21, 2004
D-MAJohn F. KerryOriginalApr 21, 2004
I-CTJoseph I. LiebermanOriginalApr 21, 2004
R-IDLarry E. CraigOriginalApr 21, 2004
R-SCLindsey GrahamOriginalApr 21, 2004
D-ARMark L. PryorOriginalApr 21, 2004
R-OHMike DeWineOriginalApr 21, 2004
R-KYMitch McConnellOriginalApr 21, 2004
R-UTOrrin G. HatchOriginalApr 21, 2004
D-VTPatrick J. LeahyOriginalApr 21, 2004
D-ILRichard J. DurbinOriginalApr 21, 2004
D-WIRussell D. FeingoldOriginalApr 21, 2004
R-MESusan M. CollinsOriginalApr 21, 2004
D-SDThomas A. DaschleOriginalApr 21, 2004
R-TNWilliam H. FristOriginalApr 21, 2004
D-MDBarbara A. MikulskiApr 22, 2004
D-ARBlanche L. LincolnApr 22, 2004
R-OKDon NicklesApr 22, 2004
R-NCElizabeth DoleApr 22, 2004
R-ORGordon H. SmithApr 22, 2004
D-WIHerb KohlApr 22, 2004
R-OKJames M. InhofeApr 22, 2004
D-LAMary L. LandrieuApr 22, 2004
R-MEOlympia J. SnoweApr 22, 2004
R-NMPete V. DomeniciApr 22, 2004
R-ALRichard C. ShelbyApr 22, 2004
D-ORRon WydenApr 22, 2004
R-GASaxby ChamblissApr 22, 2004
R-MSTrent LottApr 22, 2004
R-TXJohn CornynSep 7, 2004

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseJudiciary Committee
Referred Apr 26, 2004
Crime and Federal Government Surveillance Subcommittee
Referred Jun 28, 2004

Actions 9

Everything that happened, newest first.

  1. Jun 28, 2004Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
  2. Apr 26, 2004Received in the House.
  3. Apr 26, 2004Message on Senate action sent to the House.
  4. Apr 26, 2004Referred to the House Committee on the Judiciary.
  5. Apr 22, 2004Considered by Senate. (consideration: CR S4260-4280)
Show all 9 actions

In the Congressional Record 2

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
SenateDebate and remarks S4260–S4280Text printed S4279Amendments S4278, S4332Recorded votes S4279enactDianne Feinstein D-CA (amendment), Edward M. Kennedy D-MA, Gordon H. Smith R-OR, Jon Kyl R-AZ (amendment), Mike DeWine R-OH, Orrin G. Hatch R-UT, Patrick J. Leahy D-VT, Richard J. Durbin D-IL, William H. Frist R-TNApr 22, 2004
SenateDebate and remarks S4171, S4230, S4233Harry Reid D-NV, Patrick J. Leahy D-VT, Thomas A. Daschle D-SD, William H. Frist R-TNApr 21, 2004

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

CRS reports 2

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 2

Products on other subjects that cite it, usually among other measures.

Amendments 1

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
SA 3047of a technical natureJon Kyl R-AZAmendment SA 3047 agreed to in Senate by Unanimous Consent.

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced
A bill to protect crime victims' rights.
Short Titles as Introduced
Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act
Short Titles as Passed Senate
Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act
Popular Titles
Victims' Rights bill

Subjects

Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.

Text 3

Each version as it was printed, newest first.

  1. Apr 26, 2004Referred in House
  2. Apr 22, 2004Engrossed in Senate
  3. Apr 21, 2004Held at Desk Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.