Courtney Wild Crime Victims' Rights Reform Act of 2022
This bill expands the rights of crime victims, including by (1) allowing victims to make motions requesting that the government seek to void prosecutorial agreements, and (2) providing for attorneys' fees for victims who prevail against the United States in enforcement actions.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9444 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9444
To strengthen the rights of crime victims, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 6, 2022
Ms. Speier (for herself, Ms. Wasserman Schultz, and Ms. Lois Frankel of
Florida) 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 ``Courtney Wild Crime Victims' Rights
Reform Act of 2022''.
SEC. 2. CRIME VICTIMS' RIGHTS.
Section 3771 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking ``Government in
the case'' and inserting ``Government, including the
right to confer about any agreement that resolves the
case or investigation, plea agreement, pre-trial
diversion agreement, or voluntary dismissal before such
agreement or dismissal is presented to the court or is
otherwise formally executed'';
(B) by amending paragraph (9) to read as follows:
``(9) The right to be informed in a timely manner of any
plea 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
(C) 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, contact information for
the Office of the Crime Victims' Rights Ombudsman of
the Department of Justice, and information about
sources of 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'';
(2) in subsection (b)(1), by inserting after the first
sentence the following: ``The court shall also confirm with the
Government, that the Government has complied with its
obligation to accord the rights described in subsection (a).'';
(3) in subsection (c)--
(A) 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, in accordance with 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
(B) 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 advise 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).'';
(4) in subsection (d)--
(A) 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).'';
(B) 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 civil
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.'';
(C) 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.'';
(D) by redesignating paragraph (6) as paragraph
(9); and
(E) by inserting after paragraph (5) the following:
``(6) Motion to annul prosecutorial agreements.--A crime
victim may make a motion requesting that the Government seek to
void a deferred prosecution agreement or non-prosecution
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 may order the Government to confer with the victim. If,
after conferring with the victim, the Government determines
that it would not have entered into the agreement or would have
sought to enter into an agreement with different terms, then
the Government may, with the consent of the defendant, withdraw
from the agreement, or seek to modify the agreement.
``(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 (6).
``(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.'';
(5) in subsection (e)--
(A) 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.''; and
(B) by adding at the end the following:
``(4) 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.''; and
(6) by striking subsection (f).
SEC. 3. JUDICIAL TRAINING ON THE RIGHTS OF CRIME VICTIMS.
Not later than 1 year after the date of enactment of this Act, the
Director of the Federal Judicial Center shall, in consultation with
victims' rights and services groups--
(1) create a guidebook for Federal judges and judicial
employees explaining legal requirements regarding crime
victims' rights and best practices for affording those rights
in judicial proceedings; and
(2) incorporate the concepts from the guidebook in the
Federal Judicial Center's judicial orientation training.
SEC. 4. CRIME VICTIM LEGAL ASSISTANCE GRANTS.
Section 1404D of the Victims of Crime Act of 1984 (34 U.S.C. 20107)
is amended by adding at the end the following:
``(d) Authorization of Appropriations.--In addition to funds made
available under section 1402(d), there are authorized to be
appropriated from the general fund of the Treasury to carry out this
section $13,000,000 for each of fiscal years 2022, 2023, 2024, 2025,
and 2026.''.
SEC. 5. NATIONAL RESOURCE CENTER ON CRIME VICTIMS' RIGHTS.
(a) Authority.--The Attorney General, acting through the Ombudsman
of the Office of Crime Victims' Rights, may award a grant to an
eligible nonprofit entity or tribal organization, in order to provide
for the establishment and operation of a national resource center on
crime victims' rights. The resource center shall provide information
and assistance to lawyers and organizations that provide legal
assistance to aid in efforts to advocate for crime victims' rights in
Federal jurisdictions and in States and tribal jurisdictions that have
laws substantially similar to the provisions of section 3771 of title
18, United States Code.
(b) Applications.--To be eligible to receive a grant under this
section, an entity or organization shall submit an application to the
Attorney General at such time, in such manner, and containing such
information as the Attorney General may require, including information
that demonstrates that the entity or organization has nationally
recognized expertise in the area of crime victims' rights.
(c) Use of Grant Amount.--An entity or organization that receives a
grant under this section may use the funds made available through the
grant for staff salaries, travel expenses, equipment, printing, and
other reasonable expenses necessary to develop, maintain, and
disseminate to lawyers and organizations described in subsection (a),
information and assistance concerning legal representation to assist
victims of a crime.
(d) Authorization of Appropriations.--There is authorized to be
appropriated from the general fund of the Treasury to carry out this
section $1,500,000 for each of fiscal years 2022 through 2026.
(e) Availability of Grant Funds.--Funds appropriated under this
section shall remain available until expended.
SEC. 6. STREAMLINING VICTIM NOTIFICATION.
Section 3664(d) of title 18, United States Code, is amended--
(1) in paragraph (2), by striking ``The probation officer''
and inserting ``Subject to paragraph (7), the probation
officer''; and
(2) by adding at the end the following:
``(7) Paragraph (2) shall not apply if an officer or
employee of the Department of Justice or other department or
agency of the United States provides to a victim notice and an
affidavit form under section 3771(c)(1) before the probation
officer submits a presentence report under subsection (a).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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