Courtney Wild Crime Victims' Rights Reform Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 4729 To protect the rights of crime victims, and for other purposes. IN THE HOUSE OF REPRESENTATIVES OCTOBER 17, 2019 Ms. SPEIER (for herself, Mr. BROOKS of Alabama, Ms. FRANKEL, Mr. PERRY, Mrs. BUSTOS, Ms. CASTOR of Florida, Mr. CISNEROS, Mr. COHEN, Mrs. DINGELL, Ms. NORTON, Mr. RYAN, Mrs. TORRES of California, and Mrs. WAGNER) introduced the following bill; which was referred to the Com- mittee on the Judiciary A BILL To protect the rights of crime victims, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Courtney Wild Crime 4 Victims’ Rights Reform Act of 2019’’. 5 SEC. 2. CRIME VICTIMS’ RIGHTS. 6 Section 3771 of title 18, United States Code, is 7 amended— 8 (1) in subsection (a)— 9 VerDate Sep 11 2014 22:31 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4729.IH H4729 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 4729 IH (A) in paragraph (5), by striking ‘‘Govern- 1 ment in the case’’ and inserting ‘‘the Govern- 2 ment, including the right to confer about any 3 plea bargain or other resolution of the case be- 4 fore such plea bargain or resolution is presented 5 to the court or otherwise finalized’’; and 6 (B) in paragraph (9), by striking ‘‘or de- 7 ferred prosecution agreement’’ and inserting 8 ‘‘deferred prosecution agreement, nonprosecu- 9 tion agreement, or the referral of a criminal in- 10 vestigation to another Federal, State, or local 11 law enforcement entity. In the case of a non- 12 prosecution agreement or referral of a criminal 13 investigation to another law enforcement entity, 14 upon a showing of good cause, which shall be 15 based upon public safety and the needs of re- 16 lated ongoing prosecutions, the victim may be 17 required to maintain the confidentiality of any 18 nonpublic information disclosed to the victim. 19 Any such duty of confidentiality may not be 20 greater than that of the Government or the de- 21 fendant. The Attorney General may assess a 22 civil penalty for any breach of confidentiality 23 under this section, after notice and an oppor- 24 VerDate Sep 11 2014 22:31 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4729.IH H4729 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 4729 IH tunity for a hearing, of not more than $500 for 1 each violation.’’; 2 (2) in subsection (c)(1), by inserting after the 3 period at the end the following: ‘‘If a dispute arises 4 about whether the officers and employees have made 5 such best efforts, the Department of Justice shall 6 promptly provide to the victim and, if requested, to 7 the court reviewing the issue all relevant information 8 and documents concerning the circumstances, in- 9 cluding steps taken to comply with this subsection.’’; 10 (3) in subsection (d)— 11 (A) in paragraph (1), by inserting after 12 ‘‘the Government’’ the following: ‘‘with the in- 13 formed consent of the victim, the Government 14 (including a Special Victims’ Advocate appear- 15 ing pursuant to paragraph (8))’’; 16 (B) in paragraph (2), by inserting after 17 the period at the end the following: ‘‘The proce- 18 dure fashioned by the court under this para- 19 graph shall have no effect on the duty of offi- 20 cers and employees of the Government to make 21 their best efforts to accord crime victims the 22 rights described in subsection (a).’’; 23 (C) in paragraph (3), by striking ‘‘forth- 24 with’’ and inserting ‘‘forthwith, and the Govern- 25 VerDate Sep 11 2014 22:31 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4729.IH H4729 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 4729 IH ment shall provide promptly to the Court all in- 1 formation and documents relevant to the asser- 2 tion of the right’’; 3 (D) by amending paragraph (5) to read as 4 follows: 5 ‘‘(5) RE-OPENING PROCEEDINGS.— 6 ‘‘(A) In no case shall a failure to afford a 7 right under this chapter provide grounds for a 8 new trial. 9 ‘‘(B) A victim who received reasonable no- 10 tice of the relevant proceedings may make a 11 motion to re-open a plea or sentence only if— 12 ‘‘(i) the victim has asserted the right 13 to be heard before or during the pro- 14 ceeding at issue and such right was denied; 15 ‘‘(ii) the victim petitions the court of 16 appeals for a writ of mandamus within 30 17 days; and 18 ‘‘(iii) in the case of a plea, the ac- 19 cused has not pled to the highest offense 20 charged. 21 ‘‘(C) A victim may bring a motion to re- 22 open a plea or sentence, not later than 180 23 days after the relevant proceeding, upon the 24 basis that the victim was not able to assert the 25 VerDate Sep 11 2014 22:31 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4729.IH H4729 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 4729 IH right to be heard during the proceeding because 1 the victim did not have reasonable and timely 2 notice of the proceeding.’’; 3 (E) by redesignating paragraph (6) as 4 paragraph (10); and 5 (F) by inserting after paragraph (5) the 6 following: 7 ‘‘(6) MOTION TO ANNUL PROSECUTORIAL 8 AGREEMENTS.—A crime victim may make a motion 9 to rescind a deferred prosecution or may bring an 10 action in the district court to annul a nonprosecu- 11 tion agreement based upon a showing by clear and 12 convincing evidence that the Government violated 13 the rights provided for crime victims in this section. 14 ‘‘(7) REMEDIES.—For proceedings under para- 15 graphs (5) and (6), upon a finding that a victim’s 16 rights have been violated, the court shall impose a 17 just and appropriate remedy to address such viola- 18 tion. In determining the appropriate remedy, the 19 court may convene a hearing for victim impact state- 20 ments, and consider the testimony at any such hear- 21 ing. 22 ‘‘(8) SPECIAL VICTIMS’ ADVOCATE.—The Na- 23 tional Coordinator may appear in a criminal action 24 VerDate Sep 11 2014 22:31 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4729.IH H4729 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 4729 IH as a Special Victims’ Advocate to protect the rights 1 of crime victims in this section. 2 ‘‘(9) ATTORNEYS’ FEES.—A crime victim who 3 prevails against the United States in an action to 4 enforce a right under this section shall be entitled to 5 an award of reasonable attorneys’ fees and expenses, 6 as provided in section 2412 of title 28, United 7 States Code.’’; 8 (4) in subsection (e)(2)(A), by striking ‘‘the 9 commission of a’’ and inserting ‘‘a suspected, al- 10 leged, charged, or convicted’’; and 11 (5) by striking subsection (f). 12 SEC. 3. DEPARTMENT OF JUSTICE OFFICIALS RESPON- 13 SIBLE FOR ENSURING VICTIMS’ RIGHTS. 14 (a) IN GENERAL.—Chapter 237 of title 18, United 15 States Code, is amended by adding at the end the fol- 16 lowing: 17 ‘‘§ 3772. Office of the National Coordinator for Vic- 18 tims’ Rights 19 ‘‘(a) ESTABLISHMENT.—There is established within 20 the Office of the Deputy Attorney General of the Depart- 21 ment of Justice, the Office of the National Coordinator 22 for Victims’ Rights, headed by the National Coordinator 23 for Victims’ Rights (in this section referred to as the ‘Na- 24 tional Coordinator’), for the purpose of reviewing deter- 25 VerDate Sep 11 2014 22:31 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4729.IH H4729 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 4729 IH minations of the Ombudsman, monitoring and appearing 1 in court proceedings as Special Victim’s Advocate to pro- 2 tect the rights of victims, and developing standards for 3 treatment of victims. 4 ‘‘(b) DUTIES.—The National Coordinator shall have 5 the following duties: 6 ‘‘(1) REVISIONS.—Not less than once every 2 7 years, the National Coordinator, in consultation with 8 the Ombudsman, the Director of the Office of Vio- 9 lence Against Women, the Director of the Federal 10 Bureau of Investigation, the litigating components of 11 the Department of Justice, and victims’ rights and 12 services groups, shall review and, if necessary, rec- 13 ommend the revision of the rules issued by the At- 14 torney General under section 3774. 15 ‘‘(2) ADVOCATE.—The National Coordinator 16 may appear before the court and act as a Special 17 Victims’ Advocate, either upon receiving a request 18 from the Ombudsman pursuant to section 19 3773(b)(5), upon a request from a prosecutor, or in 20 the discretion of the National Coordinator based on 21 the circumstances. 22 ‘‘(3) TRAINING.—The National Coordinator 23 shall coordinate a mandatory course of training on 24 the treatment of crime victims for each officer or 25 VerDate Sep 11 2014 22:31 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4729.IH H4729 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 4729 IH employee of the Department of Justice who interacts 1 with crime victims as a part of their official duties. 2 ‘‘(4) SANCTIONS.—The National Coordinator 3 may apply disciplinary sanctions, including suspen- 4 sion or termination from employment and delay of 5 promotion on the General Schedule or other relevant 6 pay schedule, for officers and employees of the De- 7 partment of Justice who fail to comply with section 8 3771(a) or section 503 of the Victims’ Rights and 9 Restitution Act of 1990 (34 U.S.C. 20141). 10 ‘‘(5) MINIMUM REQUIREMENTS.—The National 11 Coordinator shall develop best practices for pro- 12 tecting the rights of crime victims, which may exceed 13 the minimum legal requirements set forth in this 14 chapter and shall be relevant to determining whether 15 an officer or employee of the Department of Justice 16 has made best efforts to ensure that crime victims 17 are notified of, and accorded, the rights described in 18 section 3771(a) or section 503 of the Victims’ 19 Rights and Restitution Act of 1990 (34 U.S.C. 20 20141). 21 ‘‘(c) AWARD.— 22 ‘‘(1) IN GENERAL.—The National Coordinator 23 may, upon a final determination that an officer or 24 employee of the Department of Justice intentionally 25 VerDate Sep 11 2014 22:31 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4729.IH H4729 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 4729 IH violated the rights of a victim, award the victim not 1 more than $15,000, to be paid out of the fund de- 2 scribed in section 1304 of title 31. 3 ‘‘(2) SUPPLEMENTAL.—The award payable 4 under this subsection shall be in addition to any 5 other restitution or recovery to which the crime vic- 6 tim is entitled as a result of the crime. 7 ‘‘§ 3773. Office of Crime Victims’ Rights 8 ‘‘(a) ESTABLISHMENT.—There is established within 9 the Executive Office for United States Attorneys of the 10 Department of Justice, the Office of Crime Victims’ 11 Rights, headed by the Crime Victims’ Rights Ombudsman 12 (in this section referred to as the ‘Ombudsman’), for the 13 purposes of— 14 ‘‘(1) receiving, coordinating investigations of, 15 and adjudicating complaints relating to a violation of 16 the rights of a crime victim; and 17 ‘‘(2) serving as a central resource for informa- 18 tion and contact in the Department of Justice for 19 crime victims. 20 ‘‘(b) DUTIES.—The Ombudsman shall have the fol- 21 lowing duties: 22 ‘‘(1) COMPLAINT SUBMISSION SYSTEM.—The 23 Ombudsman shall develop a streamlined system for 24 VerDate Sep 11 2014 20:18 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4729.IH H4729 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 4729 IH submitting complaints to the Ombudsman electroni- 1 cally and by mail. 2 ‘‘(2) POINTS OF CONTACT.—The Ombudsman 3 shall appoint a point of contact for each office of the 4 Department of Justice and mandate annual training 5 for each point of contact on the requirements and 6 expectations of Department of Justice officers and 7 employees with respect to the rights of crime vic- 8 tims. 9 ‘‘(3) COMPLAINT PROCESS.—The Ombudsman 10 shall establish, in coordination with the National Co- 11 ordinator, a process for the Ombudsman— 12 ‘‘(A) to directly receive any complaint from 13 crime victims for violations of their rights under 14 section 3771(a) or section 503 of the Victims’ 15 Rights and Restitution Act of 1990 (34 U.S.C. 16 20141) by an officer or employee of the Depart- 17 ment of Justice and to refer the complaint to 18 the point of contact at each relevant office for 19 investigation, initial findings, and recommenda- 20 tions; 21 ‘‘(B) in the case that the point of contact 22 has a conflict of interest, to refer the complaint 23 to another officer in a relevant office to address 24 VerDate Sep 11 2014 22:31 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4729.IH H4729 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 4729 IH the complaint, who shall be designated as the 1 point of contact with respect to that complaint; 2 ‘‘(C) to provide the complainant an oppor- 3 tunity to be heard by the point of contact and 4 respond to initial findings of the point of the 5 contact; 6 ‘‘(D) to review the findings and rec- 7 ommendations of the point of contact; and 8 ‘‘(E) to, not later than 90 days after re- 9 ceipt of a complaint— 10 ‘‘(i) make a final determination based 11 on the findings and recommendations of 12 the point of contact on whether there was 13 any violation of the rights of the crime vic- 14 tim; and 15 ‘‘(ii) in the case that there is a viola- 16 tion, identify each officer or employee re- 17 sponsible for the violation, the severity of 18 the violation, and any relief or disciplinary 19 sanction to be imposed. 20 ‘‘(4) REPORT DETERMINATIONS.—The Om- 21 budsman shall report to the complainant the deter- 22 minations made under paragraph (3), after which 23 the complainant shall have an opportunity to appeal 24 to the National Coordinator, except in a case in 25 VerDate Sep 11 2014 22:31 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4729.IH H4729 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 4729 IH which the complaint concerns the conduct of the Na- 1 tional Coordinator, in which case the appeal shall be 2 to the Attorney General or a designee of the Attor- 3 ney General. Whether or not there is an appeal, the 4 Ombudsman shall refer the determinations to the 5 National Coordinator for final review and approval 6 and application of any disciplinary sanctions or 7 award. 8 ‘‘(5) APPOINT ADVOCATE.— 9 ‘‘(A) REQUEST.—The Ombudsman shall 10 develop a process by which victims may submit 11 a request for the National Coordinator to ap- 12 pear before the court and act as a Special Vic- 13 tims’ Advocate. 14 ‘‘(B) REFERRAL.—The Ombudsman shall 15 refer to the National Coordinator any request 16 received pur [Text truncated for display. Full text available on Congress.gov.]