A bill to provide financial assistance to the States for the purpose of compensating and otherwise assisting victims of crime, and to provide funds to the Department of Justice for the purpose of assisting victims of Federal crime.
Victims of Crimes Assistance Act of 1984 - Title I: Crime Victims' Assistance Fund - Establishes in the Treasury a Crime Victims' Assistance Fund. Deposits in the fund money received from: (1) all criminal fines collected from convicted Federal defendants; (2) all proceeds received from the sale of literary or other rights arising from criminal acts; (3) contributions from the public; and (4) all penalty assessment fees imposed by a Federal court upon conviction of a misdemeanor or felony.
Amends the Federal Rules of Criminal Procedure to establish a procedure under which any money due a criminal defendant under a contract entered into for the purposes of recounting or having his or her crime depicted shall be paid into the Fund. Provides that all money deposited in the Fund is for the benefit of any victim of the defendant's crime. Requires such victim, in order to receive money from the Fund, to secure a judgment in a civil action against the defendant for damages arising out of the crime. Allows money from the Fund to pay for the defendant's legal representation.
Requires the clerk of the court to publish every six months for two years a notice to victims that such money is available to satisfy judgments pursuant to this Act.
Amends the Federal criminal code to allow victims the opportunity to appear at parole hearings and testify about the emotional, psychological, physical, and financial impact the prisoner's conduct has had on their lives.
Authorizes the Attorney General to make annual grants from the Fund to States for the purpose of compensating and providing other assistance to victims of crime.
Establishes criteria for distributions from the Fund based on State victims' compensation payouts and population. Provides, subject to the amounts available in the Fund, that States and the District of Columbia shall each receive a minimum of $100,000.
Requires that States appoint a State victim assistance administrator to award funds to eligible non-profit, State, and local agencies which provide assistance to the victims. Establishes a priority for programs providing assistance to victims of sexual assault, spousal abuse, or child abuse.
Directs the Attorney General to appoint a Federal Victim Assistance Administrator to provide funds to executive agencies for services and other nonfinancial assistance to victims of Federal crimes.
Authorizes the President to establish a Federal Victims of Crime Advisory Committee to advise the Federal Administrator about the needs of Federal victims.
Requires the Director of the Administrative Office of the United States Courts to submit a report to the Attorney General setting forth the steps it has taken to: (1) improve the accurate accounting of collections of criminal fines; and (2) assure all collected fines are deposited in the Fund.
Requires the Attorney General to report to the President and the Committees on the Judiciary of the Senate and of the House of Representatives on the amount of funds collected and the effectiveness of activities for crime victims.
Title II: Penalty Assessment Fees - Imposes penalty assessment fees on defendants convicted of offenses by the Federal courts.
Title III: Donations for Victims Assistance - Allows the Attorney General to accept, on behalf of the United States, contributions for the Crime Victims' Assistance Fund from members of the public.
Title IV: Fine Increases and Improved Collection Procedures - Amends the Federal criminal code to increase the maximum fines authorized for Federal criminal offenses and to improve fine collection procedures. Lists factors a court must consider when imposing a fine. States that payment of a fine is due immediately unless the court requires payment by installment or by any date certain. Provides that a fine is delinquent if any portion of such fine is not paid within 30 days of when it is due and it is in default if any portion is more than 90 days delinquent.
Allows for modification or remission of a fine. Imposes interest and other monetary penalties if the court determines that the nonpayment of any fine is willful. States that a fine imposed as a sentence is a lien in favor of the United States and it applies to all property belonging to the person fined. Allows the court to resentence any person who knowingly fails to pay a delinquent fine.
Establishes a separate offense of willful failure to pay a fine.
Requires a defendant to pay a fine made a condition of probation even after the probation's end. Makes payment of a criminal fine a condition for parole.
Requires the Attorney General to notify by certified mail everyone with an outstanding criminal fine of more than $100. Makes all criminal fines that remain uncollected 180 days after the effective date of this Act in criminal default.
Requires the Attorney General to include in the annual crime report information concerning the implementation of this Act and the progress in criminal fine collections.
Title V: Compensation to Victims of Federally Protected Witnesses - Permits the Attorney General to pay restitution or compensation to certain victims of persons who are protected under the Organized Crime Control Act of 1970. Requires the Attorney General to submit an annual, detailed report on payments made. Authorizes appropriations for FY 1985 and subsequent fiscal years.
See H.J.Res.648.
Introduced in Senate
Read twice and referred to the Committee on Judiciary.
Committee on Judiciary. Hearings held. Hearings printed: S.Hrg. 98-1248.
Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Judiciary. Reported to Senate by Senator Thurmond under the authority of the order of May 11, 84 with an amendment in the nature of a substitute. With written report No. 98-497.
Committee on Judiciary. Reported to Senate by Senator Thurmond under the authority of the order of May 11, 84 with an amendment in the nature of a substitute. With written report No. 98-497.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 941.
Considered by Senate.
Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.
Passed Senate with amendments by Voice Vote.
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