Bill Summary
The Crime Victims' Rights Act of 2020 is a bill that aims to protect the rights of victims of crime. It does this by amending section 3771 of title 18 of the United States Code, which outlines the rights of crime victims. This bill establishes an Office of Crime Victims' Rights within the Department of Justice, headed by a Crime Victims' Rights Coordinator. This office will receive, investigate, and adjudicate complaints from crime victims or their legal representatives alleging that an attorney for the government has violated their rights. The bill also outlines the process for filing a complaint, conducting an investigation, and issuing a final order. The Coordinator may impose disciplinary action against the attorney, which can include referral to a State bar association, suspension or termination from employment, suspension from practicing law on behalf of the United States, and referral for criminal prosecution. The bill also outlines the rights of the complainant and the attorney for the government during this process. The Attorney General is required to submit an annual report to Congress on the number of complaints and outcomes of cases.
Possible Impacts
1. The establishment of the Office of Crime Victims' Rights could provide a resource for victims to report any misconduct or violation of their rights by an attorney for the government. This could potentially give victims a sense of empowerment and a platform to seek justice.
2. The requirement for attorneys to make their best efforts to notify victims of their rights could ensure that victims are not left in the dark about their rights and can take necessary actions to protect themselves.
3. The provision for crime victims to have legal representation during the complaint process could level the playing field and ensure that their voices are heard. This could potentially lead to more fair and just outcomes for victims.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5658 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 5658
To protect the rights of crime victims, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 17, 2020
Ms. Wasserman Schultz (for herself and Mr. Sensenbrenner) introduced
the following bill; which was referred to the Committee 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crime Victims' Rights Act of 2020''.
SEC. 2. CRIME VICTIMS' RIGHTS.
Section 3771 of title 18, United States Code, is amended--
(1) in subsection (c)--
(A) in the heading, strike ``Best'';
(B) in paragraph (1), by striking ``shall make
their best efforts to see'' and all that follows
through the period at the end and insert the following:
``shall--
``(A) ensure that crime victims are notified of,
and accorded, the rights described in subsection (a);
or
``(B) in the case that officers and employees of
the Department of Justice are unable meet the
requirements of subparagraph (A), attempt to notify the
crime victim or the legal representative of the crime
victim on not less than 3 occasions in which the mode
of contact is valid, including outreach by means of
telephone, electronic mail, or certified mail;'';
(2) in subsection (d)--
(A) in paragraph (2), strike ``reasonable
procedure'' and insert ``reasonable procedure, in
writing,''; and
(B) in paragraph (3), by adding at the end the
following: ``Relief under this subsection with respect
to the conduct of an attorney for the Government may
include the disqualification of the attorney from the
proceeding, and such other sanctions or penalties as
the court determines appropriate.''; and
(3) by repealing subsection (f).
SEC. 3. OFFICE OF CRIME VICTIMS' RIGHTS.
(a) In General.--Chapter 237 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3772. Office of Crime Victims' Rights
``(a) Establishment.--There is established within the Office of
Professional Responsibility of the Department of Justice the Office of
Crime Victims' Rights, which shall receive, investigate, and adjudicate
complaints relating to the violation of the rights of a crime victim
under section 3771.
``(b) Crime Victims' Rights Coordinator.--The Office of Crime
Victims' Rights shall be headed by the Crime Victims' Rights
Coordinator (in this section referred to as the `Coordinator'). The
Coordinator shall be a civil servant appointed to the Senior Executive
Service. The Coordinator may be removed from office, other than by
impeachment and conviction, only by the personal action of the Attorney
General and only for good cause, physical or mental disability (if not
prohibited by law protecting persons from discrimination on the basis
of such disability), or any other condition that substantially impairs
the performance of his or her duties.
``(c) Complaints.--A crime victim or the legal representative of a
crime victim may submit to the Office of Crime Victims' Rights a
complaint alleging that an attorney for the Government violated the
rights of a crime victim under section 3771, which shall include the
following:
``(1) The full name, address, telephone number, and
electronic mail address of the complainant.
``(2) The name and title of the individual who violated the
rights of the crime victim.
``(3) The right of the crime victim that was allegedly
violated.
``(4) The details of the allegation, including the name of
the court case and the jurisdiction in which the misconduct
occurred, if applicable.
``(5) Copies of any document that supports the
complainant's allegation.
``(6) Any other information relevant to the complaint.
``(d) Period To Submit Complaints.--A complaint under subsection
(c) may be submitted beginning on the date of the violation and ending
on the date that is 180 days after a final judgment is entered in the
underlying criminal proceeding (including any appeal), except that the
Coordinator may extend such filing period for good cause.
``(e) Log of Complaints.--The Coordinator shall maintain a log of
each complaint submitted under subsection (c).
``(f) Complaint Process.--
``(1) Investigation.--Not later than 180 days after
receiving a complaint under subsection (c), the Coordinator
shall complete an investigation and issue a final order with
respect to an alleged violation. At the request of the
Coordinator, the Attorney General may grant one extension of
not more than 60 days under this paragraph.
``(2) Hearing.--In conducting an investigation under
paragraph (1), the Coordinator may hold a hearing, and shall
hold a hearing at the written request of the complainant
submitted not later than 15 days after the Coordinator
acknowledges receipt of the complaint.
``(3) Standard.--If the Coordinator determines, by a
preponderance of the evidence, that the attorney for the
Government knowingly violated the rights of a crime victim
under section 3771, the Coordinator shall impose appropriate
disciplinary action against the attorney under paragraph (4)(A)
and, except as provided in paragraph (4)(B)(iii), make the
final order issued under paragraph (4) available to the public.
``(4) Order of decision.--
``(A) In general.--The Coordinator shall issue an
order with respect to a complaint filed under this
section, and shall provide the order to the complainant
and to the attorney for the Government.
``(B) Contents of order.--
``(i) Violation of rights.--In the case
that the Coordinator determines that the
attorney for the Government violated the rights
of a crime victim under section 3771, the
Coordinator may impose disciplinary action
which may consist of--
``(I) referral to each State bar
association of which the attorney is a
member in good standing not later than
30 days after the date on which the
final order is made available;
``(II) suspension or termination
from employment;
``(III) suspension from practicing
law on behalf of the United States; and
``(IV) referral to the appropriate
United States Attorney if there is
evidence of criminal misconduct.
``(ii) Lesser violations.--In the case that
there is substantial evidence of an ethical
violation by the attorney for the Government
that does not amount to a violation of the
rights of a crime victim under section 3771,
the Coordinator may refer such violation--
``(I) to the Director of Office of
Professional Responsibility for
adjudication;
``(II) to each State bar
association of which the attorney is a
member in good standing; and
``(III) to the appropriate
supervisor of the attorney.
``(iii) No violation or insufficient
evidence.--In the case that the Coordinator
determines that the attorney for the Government
did not violate section 3771 or that there is
insufficient evidence to determine whether the
attorney for the Government violated section
3771, the Coordinator shall enter an order to
such effect. An order under this clause shall
not be made available to the public.
``(iv) Delayed effect.--Any sanctions
imposed pursuant to an order under this section
may not take effect until after the expiration
of the time period to file an appeal, or in the
case that an appeal is pending, until after the
appeal is final.
``(v) Notice of determination.--Not later
than 30 days after the date of which the period
to seek a review expires, notice of the
issuance of a final order shall be made
publicly available on the website of the Office
of Crime Victims' Rights.
``(5) Appeal to the attorney general.--
``(A) In general.--Not later than 10 business days
after the issuance of an order under paragraph (4), the
complainant or the attorney for the Government may
appeal the order to the Attorney General.
``(B) Time for review.--Not later than 30 days
after an appeal is filed under this paragraph, the
Attorney General shall review the order.
``(C) Notice to congress.--In the case that the
Attorney General does not uphold the decision of the
Coordinator, the Attorney General shall notify Congress
as soon as practicable, but in no case later than 10
business days after completing review.
``(D) Failure to review.--If the Attorney General
fails to review an order pursuant to an appeal filed
under this paragraph, the order shall be deemed to have
been upheld by the Attorney General on the date that is
45 days after the appeal is filed.
``(g) Rights of Complainant.--The complainant shall have the
following rights:
``(1) Notice of receipt.--The Coordinator shall provide to
the complainant notice of receipt of a complaint not later than
10 days after the date of such receipt.
``(2) Right to counsel.--
``(A) In general.--The complainant shall have the
right to be represented by legal counsel in any hearing
under this section.
``(B) Pro bono representation.--The Coordinator
shall submit to the complainant a list of persons
(updated not less often than quarterly) who have
indicated their availability to represent crime victims
on a pro bono basis.
``(C) Contact information of counsel.--In the case
that a complainant is represented by legal counsel in a
hearing convened under this section, the contact
information of such attorney shall be included on the
complaint.
``(D) Notice of withdrawal.--In the case that legal
counsel for a complainant withdraws from such
representation, the attorney shall provide notice to
the Coordinator.
``(3) Right to present evidence.--The complainant shall
have the right to present evidence and witnesses at any hearing
under this section.
``(h) Rights of Attorney for the Government.--Any attorney for the
Government against whom a complaint has been submitted to the Office of
Crime Victims' Rights is entitled to--
``(1) receive notice of a complaint against the attorney
not later than 10 days after such complaint is received by the
Office of Crime Victims' Rights;
``(2) a reasonable time to answer in writing and to furnish
affidavits and other documentary evidence in support of the
answer;
``(3) be represented by legal counsel;
``(4) be present at any hearing under this section;
``(5) present evidence and witnesses in their defense;
``(6) a copy of any final order imposing disciplinary
action not later than the date on which the order is issued;
``(7) end the complaint process by voluntarily forfeiting
the attorney's bar license in each jurisdiction in which the
attorney is licensed; and
``(8) reasonable and timely access to access records of the
Department of Justice related to the complaint.
``(i) Report to Congress.--Not later than 1 year after the date of
enactment of this section, and each year thereafter, the Attorney
General, acting through the Chief Counsel of the Office of Professional
Responsibility of the Department of Justice, shall submit to Congress a
report that includes--
``(1) the number of complaints filed with the Office of
Crime Victims' Rights;
``(2) the number of complaints that are investigated;
``(3) the number of complaints that were referred to a
State bar association;
``(4) a list of Federal districts in which misconduct was
alleged to have occurred and the number of complaints from each
such district;
``(5) a list of attorneys against whom more than 5
complaints have been submitted to the Office of Crime Victims'
Rights; and
``(6) a list of each alleged violation under section 3771
and information on how frequently each such violation was
reported.''.
(b) Clerical Amendment.--The table of sections for chapter 237 of
title 18, United States Code, is amended by adding at the end the
following:
``3772. Office of Crime Victims' Rights.''.
<all>