[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 9858 Introduced in House (IH)] <DOC> 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