S 1749 ISCommentsClose CommentsPermalink

To amend the Federal Rules of Criminal Procedure to provide adequate protection to the rights of crime victims, and for other purposes.CommentsClose CommentsPermalink

June 29, 2007

Mr. KYL introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To amend the Federal Rules of Criminal Procedure to provide adequate protection to the rights of crime victims, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; SENSE OF CONGRESS.

(a) SHORT TITLE- This Act may be cited as the `Crime Victims' Rights Rules Act of 2007'.CommentsClose CommentsPermalink





(b) SENSE OF CONGRESS CONCERNING CRIME VICTIMS' REPRESENTATION IN THE FEDERAL CRIMINAL JUSTICE SYSTEM-CommentsClose CommentsPermalink





(1) FINDINGS- Congress finds that--CommentsClose CommentsPermalink





(A) the amendments made by title I of the Justice for All Act of 2004 (Public Law 108-405; 118 Stat. 2261) afford a crime victim certain rights and standing in court proceedings involving an offense against that crime victim;CommentsClose CommentsPermalink





(B) the rights and standing afforded to crime victims by those amendments are directly affected by the Rules of Criminal Procedure, which govern the administration of the Federal criminal justice system.CommentsClose CommentsPermalink





(C) the Judicial Conference of the United States, as the principal body concerned with the administration of United States courts and the recommendation of rules of procedure, has an obligation to ensure that the rights and standing of crime victims are accounted for in the Federal criminal justice system.CommentsClose CommentsPermalink





(2) SENSE OF CONGRESS- It is the sense of Congress that the Chief Justice of the United States, having sole authority to appoint members of committees of the Judicial Conference of the United States, should designate not fewer than 1 member on each of the Committee on Rules of Practice and Procedure and the Advisory Committee on Criminal Rules for the purpose of ensuring that the rights and standing of crime victims are accounted for in the Federal criminal justice system.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

Rule 1(b) of the Federal Rules of Criminal Procedure is amended by adding at the end the following:CommentsClose CommentsPermalink





`(11) `Victim' means a person directly and proximately harmed as a result of the commission of a Federal offense or an offense in the District of Columbia. In the case of a crime victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the crime victim or the representative of the crime victim's estate, family member, or any other person appointed as suitable by the court, may assume the crime victim's rights under these rules, but in no event shall the defendant be named as such guardian or representative.'.CommentsClose CommentsPermalink

SEC. 3. INTERPRETATION.

Rule 2 of the Federal Rules of Criminal Procedure is amended by inserting after `administration' the following: `to the government, the defendant, and the victim'.CommentsClose CommentsPermalink

SEC. 4. ARREST WARRANT OR SUMMONS ON A COMPLAINT.

Rule 4 of the Federal Rules of Criminal Procedure is amended--CommentsClose CommentsPermalink





(1) in subdivision (a), in the second sentence, by inserting after `a summons,' the following: `if consistent with the right of the victim to be reasonably protected from the accused,'; andCommentsClose CommentsPermalink





(2) in subdivision (c), by adding at the end the following:CommentsClose CommentsPermalink





`(5) REASONABLE NOTICE TO THE VICTIM- Upon return of an executed warrant, the judge before whom the defendant is brought shall direct that reasonable efforts be made to notify the victim regarding the arrest and of the date, time, and place of the initial appearance and of the right of the victim to be heard at the initial appearance.'.CommentsClose CommentsPermalink

SEC. 5. INITIAL APPEARANCE.

Rule 5 of the Federal Rules of Criminal Procedure is amended--CommentsClose CommentsPermalink





(1) in subdivision (a)--CommentsClose CommentsPermalink





(A) by redesignating paragraph (3) as paragraph (4); andCommentsClose CommentsPermalink





(B) by inserting after paragraph (2) the following:CommentsClose CommentsPermalink





`(3) REASONABLE NOTICE TO THE VICTIM- Reasonable efforts shall be made to give notice to the victim of the date, time, and place of the initial appearance and of the right of the victim to be heard at the initial appearance.';CommentsClose CommentsPermalink





(2) in subdivision (d)(3), by adding after the period at the end the following: `In making the decision to detain or release the defendant, the judge shall consider the right of the victim to be reasonably protected from the defendant and shall make reasonable efforts to notify the victim if the defendant is released and the conditions of such release.'; andCommentsClose CommentsPermalink





(3) in subdivision (f), by inserting before the period at the end the following: `and reasonable efforts are made to give the victim notice and the right to participate'.CommentsClose CommentsPermalink

SEC. 6. PRELIMINARY HEARING.

Rule 5.1 of the Federal Rules of Criminal Procedure is amended--CommentsClose CommentsPermalink





(1) in subdivision (a), in the matter preceding paragraph (1), by inserting after `a preliminary hearing' the following: `, after making reasonable efforts to give notice to the victim,'; andCommentsClose CommentsPermalink





(2) in subdivision (d), by inserting after `prompt disposition of criminal cases' the following: `and the right of the victim to proceedings free from unreasonable delay'.CommentsClose CommentsPermalink

SEC. 7. ARREST WARRANT OR SUMMONS ON AN INDICTMENT OR INFORMATION.

Rule 9(c)(3) of the Federal Rules of Criminal Procedure is amended by inserting before the period at the end the following: `, after making reasonable efforts to give notice to the victim'.CommentsClose CommentsPermalink

SEC. 8. REASONABLE NOTICE TO VICTIMS.

(a) In General- The Federal Rules of Criminal Procedure are amended by inserting after Rule 10 the following:CommentsClose CommentsPermalink

`Rule 10.1. Reasonable Notice to Victims

`(a) Identification of Victims- During the prosecution of a case, the attorney for the government shall at the earliest reasonable opportunity, identify any victim.CommentsClose CommentsPermalink





`(b) Reasonable Notice of Case Events- During the prosecution of a crime, and whenever reasonable notice is required to be provided under these rules, reasonable efforts shall be made to provide any victim the earliest possible notice of--CommentsClose CommentsPermalink





`(1) the scheduling, including scheduling changes or continuances, of each court proceeding that the victim is either required to attend or entitled to attend;CommentsClose CommentsPermalink





`(2) the release or detention status of a defendant or suspected offender;CommentsClose CommentsPermalink





`(3) the filing of charges against a defendant, or the proposed dismissal of any charges, including the placement of the defendant in a pretrial diversion program and the conditions of such placement;CommentsClose CommentsPermalink





`(4) the right of the victim to make a statement about pretrial release of the defendant;CommentsClose CommentsPermalink





`(5) the right of the victim to make a statement about acceptance of a plea of guilty or nolo contendere;CommentsClose CommentsPermalink





`(6) the right of the victim to attend a public proceeding;CommentsClose CommentsPermalink





`(7) if the defendant is convicted, the date and place set for sentencing and the right of the victim to address the court at sentencing; andCommentsClose CommentsPermalink





`(8) after the defendant is sentenced, the sentence imposed and the availability of the Bureau of Prisons notification program, which provides the date, if any, on which the offender will be eligible for parole or supervised release.CommentsClose CommentsPermalink





`(c) Multiple Victims- The attorney for the government shall advise the court if the attorney believes that the number of victims makes it impracticable to provide reasonable personal notice to each victim. If the court finds that the number of victims makes it impracticable to give reasonable personal notice to each victim, the court shall fashion a reasonable procedure calculated to give reasonable notice under the circumstances.'.CommentsClose CommentsPermalink





(b) Conforming Amendment- The table of contents for the Federal Rules of Criminal Procedure is amended by inserting after the item relating to Rule 10 the following:CommentsClose CommentsPermalink





`10.1 Reasonable Notice to Victims.'.CommentsClose CommentsPermalink

SEC. 9. PLEAS.

Rule 11 of the Federal Rules of Criminal Procedure is amended--CommentsClose CommentsPermalink





(1) in subdivision (a)(3), by striking `the parties' views' and inserting the following: `the views of the parties and victims';CommentsClose CommentsPermalink





(2) in subdivision (b), by adding at the end the following:CommentsClose CommentsPermalink





`(4) VICTIM'S VIEWS- Before the court accepts a plea of guilty or nolo contendere or allows any plea to be withdrawn, the court must address any victim who is present personally in open court. During this address, the court must determine whether the victim wishes to present views regarding the proposed plea or withdrawal and, if so, what those views are. The court shall consider the views of the victim in acting on the proposed plea or withdrawal.'; andCommentsClose CommentsPermalink





(3) in subdivision (c)--CommentsClose CommentsPermalink





(A) in paragraph (1), in the matter preceding subparagraph (A), by inserting after the second sentence the following: `The attorney for the government shall make reasonable efforts to notify any victim of, and consider the views of any victim about, any proposed plea negotiations.'; andCommentsClose CommentsPermalink





(B) in paragraph (2), by adding at the end the following: `When a plea is presented in open court, the attorney for the government or attorney for any victim shall advise the court if the attorney is aware that the victim has any objection to the proposed plea agreement.'.CommentsClose CommentsPermalink

SEC. 10. PLEADINGS AND PRETRIAL MOTIONS.

Rule 12(g) of the Federal Rules of Criminal Procedure is amended by adding at the end the following: `The court shall make reasonable efforts to notify the victim if the defendant is released under this subdivision.'.CommentsClose CommentsPermalink

SEC. 11. DISCLOSURES.

(a) Alibi Defense-CommentsClose CommentsPermalink





(1) IN GENERAL- Rule 12.1(b)(1)(A) of the Federal Rules of Criminal Procedure is amended--CommentsClose CommentsPermalink





(A) by striking `, address, and telephone number'; andCommentsClose CommentsPermalink





(B) by inserting after `each witness' the following: `and the address and telephone number of each witness (other than a victim) that'.CommentsClose CommentsPermalink





(2) CONTINUING DUTY TO DISCLOSE- Rule 12.1(c) of the Federal Rules of Criminal Procedure is amended--CommentsClose CommentsPermalink





(A) by striking `, address,' and inserting `of each additional witness and the address'; andCommentsClose CommentsPermalink





(B) by inserting before `if:' the following: `(other than a victim)'.CommentsClose CommentsPermalink





(b) Public Authority Defense-CommentsClose CommentsPermalink





(1) IN GENERAL- Rule 12.3(a)(4)(C) of the Federal Rules of Criminal Procedure is amended--CommentsClose CommentsPermalink





(A) by striking `, address, and telephone number'; andCommentsClose CommentsPermalink





(B) by inserting after `each witness' the following: `, and the address and telephone number of each witness (other than a victim), that'.CommentsClose CommentsPermalink





(2) CONTINUING DUTY TO DISCLOSE- Rule 12.3(b) of the Federal Rules of Criminal Procedure is amended--CommentsClose CommentsPermalink





(A) by striking `, address,' and inserting the following: `of any additional witness and the address'; andCommentsClose CommentsPermalink





(B) inserting before `if:' the following: `(other than a victim)'.CommentsClose CommentsPermalink

SEC. 12. DEPOSITIONS.

Rule 15 of the Federal Rules of Criminal Procedure is amended--CommentsClose CommentsPermalink





(1) in subdivision (a)(1), in the first sentence, by inserting `, other than a victim,' after `a prospective witness'; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





`(i) Victim Attendance- A victim may attend any public deposition taken under this Rule.'.CommentsClose CommentsPermalink

SEC. 13. DISCOVERY AND INSPECTION.

Rule 16(a) of the Federal Rules of Criminal Procedure is amended by adding at the end the following:CommentsClose CommentsPermalink





`(4) DISCLOSURE TO VICTIMS- The government may disclose to a victim any information that the government has disclosed to the defendant.'.CommentsClose CommentsPermalink

SEC. 14. SUBPOENAS.

Rule 17(h) of the Federal Rules of Criminal Procedure is amended--CommentsClose CommentsPermalink





(1) by striking `No party' and inserting the following:CommentsClose CommentsPermalink





`(1) IN GENERAL- No party'; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





`(2) VICTIMS- No record or document containing personal or confidential information about a victim may be subpoenaed without making reasonable efforts to give notice to the victim, given through the attorney for the government or for the victim, and an opportunity to be heard.'.CommentsClose CommentsPermalink

SEC. 15. PRETRIAL CONFERENCE.

Rule 17.1 of the Federal Rules of Criminal Procedure is amended by adding at the end the following: `The court shall make reasonable efforts to give the victim notice of any pretrial conference and a victim may attend and be heard on any matter relating to the rights of a victim.'.CommentsClose CommentsPermalink

SEC. 16. VENUE.

(a) In General- The second sentence of Rule 18 of the Federal Rules of Criminal Procedure is amended by inserting after `the defendant' the following: `, the victim,'.CommentsClose CommentsPermalink





(b) Plea and Sentence- Rule 20(a)(2) of the Federal Rules of Criminal Procedure is amended by inserting before the period at the end the following: `, after consultation with the victim'.CommentsClose CommentsPermalink





(c) Juveniles- Rule 20(d)(1)(E) of the Federal Rules of Criminal Procedure is amended by inserting before the semicolon the following: `, after consultation with the victim'.CommentsClose CommentsPermalink





(d) Transfer for Trial- Rule 21 of the Federal Rules of Criminal Procedure is amended by adding at the end the following:CommentsClose CommentsPermalink





`(e) Victims' Views- The court shall not transfer any proceeding without giving any victim an opportunity to be heard. The court shall consider the views of the victim in making any transfer decision.'.CommentsClose CommentsPermalink

SEC. 17. TRIAL.

Rule 23(a)(3) of the Federal Rules of Criminal Procedure is amended by inserting before the period at the end the following: `, after considering the views of the victim'.CommentsClose CommentsPermalink

SEC. 18. INTERPRETERS.

Rule 28 of the Federal Rules of Criminal Procedure is amended in the first sentence, by inserting before the period at the end the following: `, including an interpreter for the victim'.CommentsClose CommentsPermalink

SEC. 19. POST CONVICTION PROCEDURES.

(a) Presentence Investigation- Rule 32(c) of the Federal Rules of Criminal Procedure is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)(B), by striking `requires' and inserting `permits'; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





`(3) VICTIM INFORMATION- The probation officer shall determine whether any victim wishes to provide information for the presentence report.'.CommentsClose CommentsPermalink





(b) Presentence Report- Rule 32 of the Federal Rules of Criminal Procedure is amended--CommentsClose CommentsPermalink





(1) in subdivision (d)--CommentsClose CommentsPermalink





(A) in paragraph (2)--CommentsClose CommentsPermalink





(i) in subparagraph (E), by striking `and' at the end;CommentsClose CommentsPermalink





(ii) by redesignating subparagraph (F) as subparagraph (G); andCommentsClose CommentsPermalink





(iii) by inserting after subparagraph (E) the following:CommentsClose CommentsPermalink





`(F) a description of the impact of the crime on the victim; and'; andCommentsClose CommentsPermalink





(B) in paragraph (3)(C), by inserting `, the victim,' after `the defendant';CommentsClose CommentsPermalink





(2) in subdivision (e)(2)--CommentsClose CommentsPermalink





(A) by striking `The probation officer' and inserting the following:CommentsClose CommentsPermalink





`(A) IN GENERAL- The probation officer'; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





`(B) VICTIMS- The probation officer must give the presentence report to the victim and any attorney for such victim at least 35 days before sentencing, unless the court, after receiving an objection from the defendant, the attorney for the government, or another victim, finds that disclosure of a portion of the report would be an unwarranted invasion of personal privacy and not in the interest of justice, in which case such portions shall be redeacted.'; andCommentsClose CommentsPermalink





(3) in subdivision (f)(1), by adding at the end the following: `The attorney for the government or for the victim shall raise for the victim any reasonable objection by the victim to the presentence report.'.CommentsClose CommentsPermalink





(c) Departures- Rule 32(h) of the Federal Rules of Criminal Procedure is amended by--CommentsClose CommentsPermalink





(1) striking `or in a party's prehearing submission' and inserting `, in a party's prehearing submission, or in a victim impact statement'; andCommentsClose CommentsPermalink





(2) adding at the end the following `The attorney for the government or the victim shall advise defense counsel and the court of any ground identified by the victim that might reasonably serve as a basis for departure.'.CommentsClose CommentsPermalink





(d) Sentencing- Rule 32(i) of the Federal Rules of Criminal Procedure is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)(C), by inserting after `parties' attorneys' the following: `and any victim';CommentsClose CommentsPermalink





(2) in paragraph (1)(D), by inserting after `allow a party' the following: `or a victim';CommentsClose CommentsPermalink





(3) in paragraph (2), in the first sentence, by inserting after `permit the parties' the following: `or the victim'; andCommentsClose CommentsPermalink





(4) by amending subparagraph (B) of paragraph (4) to read as follows:CommentsClose CommentsPermalink





`(B) BY A VICTIM- Before imposing sentence, the court must address any victim of the crime who is present at sentencing and must permit the victim to speak or submit any information about the sentence.'.CommentsClose CommentsPermalink





(e) Definitions- Rule 32 of the Federal Rules of Criminal Procedure is amended by--CommentsClose CommentsPermalink





(1) striking subdivision (a);CommentsClose CommentsPermalink





(2) redesignating subdivisions (b) through (k) as subdivisions (a) through (j) respectively;CommentsClose CommentsPermalink





(f) Conforming Amendments-CommentsClose CommentsPermalink





(1) RULE 26- Rule 26.2(g)(2) of the Federal Rules of Criminal Procedure is amended by striking `Rule 32(i)(2)' and inserting `Rule 32(h)(2)'.CommentsClose CommentsPermalink





(2) RULE 32- Rule 32(h) of the Federal Rules of Criminal Procedure, as so redesignated by subsection (e), is amended--CommentsClose CommentsPermalink





(A) in paragraph (1)(B), by striking `Rule 32(d)(3)' and inserting `Rule 32(c)(3)'; andCommentsClose CommentsPermalink





(B) in paragraph (4)(C), by striking `Rule 32(i)(4)' and inserting `Rule 32(h)(4)'.CommentsClose CommentsPermalink





(3) COPYRIGHT- Section 2319(d)(1) of title 18, United States Code, is amended by striking `Rule 32(c)' and inserting `Rule 32(b)'.CommentsClose CommentsPermalink





(4) RECORDINGS- Section 2319A(d)(1) of title 18, United States Code, is amended by striking `Rule 32(c)' and inserting `Rule 32(b)'.CommentsClose CommentsPermalink





(5) COUNTERFEIT GOODS OR SERVICES- Section 2320(d)(1) of title 18, United States Code, is amended by striking `Rule 32(c)' and inserting `Rule 32(b)'.CommentsClose CommentsPermalink





(6) CHILDREN- Section 3509(f) of title 18, United States Code, is amended by striking `Rule 32(c)' and inserting `Rule 32(b)'.CommentsClose CommentsPermalink





(7) PRESENTENCE REPORTS- Section 3552 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(A) in subsection (a), by striking `Rule 32(c)' and inserting `Rule 32(b)'; andCommentsClose CommentsPermalink





(B) in subsection (d)--CommentsClose CommentsPermalink





(i) by striking `The court shall assure that' and inserting the following:CommentsClose CommentsPermalink





`(1) IN GENERAL- The court shall assure that'; andCommentsClose CommentsPermalink





(ii) by adding at the end the following:CommentsClose CommentsPermalink





`(2) CRIME VICTIMS- The court shall assure that, not later than 10 days before the date of sentencing, the report filed under this section is disclosed to any crime victim (as that term is defined in section 3771(e)) and any attorney for such crime victim, except any portion of such report excised by the court for compelling reasons or made confidential by law. If the court excises any portion of the presentence report, it shall inform the parties and the victim of its decision and shall state on the record the reasons for the excision.'.CommentsClose CommentsPermalink





(8) PROBATION- Section 3664(c) of title 18, United States Code, is amended by striking `Rule 32(c)' and inserting `Rule 32(b)'.CommentsClose CommentsPermalink

SEC. 20. REVOKING OR MODIFYING PROBATION OR SUPERVISED RELEASE.

Rule 32.1 of the Federal Rules of Criminal Procedure is amended--CommentsClose CommentsPermalink





(1) in subdivision (a)--CommentsClose CommentsPermalink





(A) in paragraph (1), in the matter preceding subparagraph (A), by inserting after `must be taken' the following: `, with reasonable efforts to give notice to the victim and'; andCommentsClose CommentsPermalink





(B) in paragraph (6), by striking `The magistrate' and inserting the following: `After considering the right of the victim to be reasonably protected, the magistrate'; andCommentsClose CommentsPermalink





(2) in subdivision (b), by adding at the end the following:CommentsClose CommentsPermalink





`(3) CRIME VICTIMS- The court shall make reasonable efforts to give notice to the victim before any revocation hearing.'.CommentsClose CommentsPermalink

SEC. 21. NEW TRIAL.

Rule 33(a) of the Federal Rules of Criminal Procedure is amended in the first sentence by inserting after `Upon the defendant's motion' the following: `and after making reasonable efforts to give notice to the victim and an opportunity for the victim to be heard'.CommentsClose CommentsPermalink

SEC. 22. ARRESTING JUDGMENT.

Rule 34(a) of the Federal Rules of Criminal Procedure is amended in the matter preceding paragraph (1), by inserting after `must arrest judgment' the following: `, after making reasonable efforts to give notice to the victim and an opportunity to be heard,'.CommentsClose CommentsPermalink

SEC. 23. CORRECTING OR REDUCING A SENTENCE.

Rule 35 of the Federal Rules of Criminal Procedure is amended--CommentsClose CommentsPermalink





(1) in subdivision (a), by inserting after `the court' the following: `, after making reasonable efforts to give notice to the victim and an opportunity to be heard,'; andCommentsClose CommentsPermalink





(2) in subdivision (b), by inserting `, after making reasonable efforts to give notice to the victim and an opportunity to be heard,' after `may reduce a sentence' each place the term appears.CommentsClose CommentsPermalink

SEC. 24. CLERICAL ERROR.

Rule 36 of the Federal Rules of Criminal Procedure is amended by inserting after `it considers appropriate,' the following: `including making reasonable efforts to give notice to the victim,'.CommentsClose CommentsPermalink

SEC. 25. STAYING A SENTENCE OR A DISABILITY.

Rule 38(e)(1) of the Federal Rules of Criminal Procedure is amended by inserting before the period at the end the following: `, after making reasonable efforts to give notice to the victim and an opportunity to be heard'.CommentsClose CommentsPermalink

SEC. 26. VICTIM'S PRESENCE.

(a) In General- The Federal Rules of Criminal Procedure are amended by inserting after Rule 43 the following:CommentsClose CommentsPermalink

`Rule 43.1 Victim's Presence

`(a) Victim's Right To Attend- A victim has the right to attend any public court proceeding, unless the court, based on clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding. Before making any determination to exclude a victim, the court shall make every effort to permit the fullest attendance possible by the victim and shall consider reasonable alternatives to the exclusion of the victim from the criminal proceeding. The reasons for any decision to exclude a victim shall be clearly stated on the record.CommentsClose CommentsPermalink





`(b) Proceeding With and Without Reasonable Notice-CommentsClose CommentsPermalink





`(1) WITHOUT VICTIM- The court may hold a public proceeding without the attendance of a victim if reasonable efforts have been made to give notice to that victim under Rule 10.1.CommentsClose CommentsPermalink





`(2) WITHOUT NOTICE- The court may hold a public proceeding (other than a trial or sentencing) without proper notice to a victim only if--CommentsClose CommentsPermalink





`(A) doing so is in the interests of justice;CommentsClose CommentsPermalink





`(B) the court makes reasonable efforts to provide prompt notice to that victim of the court's action and of the victim's right to seek reconsideration of the action if a victim's right is affected; andCommentsClose CommentsPermalink





`(C) the court makes reasonable efforts to insure that notice will be properly provided to that victim for all subsequent public proceedings.CommentsClose CommentsPermalink





`(c) Numerous Victims- If the court finds that the number of victims makes it impracticable to afford all of the victims the right to be present, the court shall fashion a reasonable procedure to facilitate the attendance of the victims.CommentsClose CommentsPermalink





`(d) Right To Be Heard on Victim's Issues- In addition to any right to be heard established elsewhere under these rules, at any public proceeding at which a victim has the right to attend, the victim has the right to be heard on any matter affecting the rights of a victim.'.CommentsClose CommentsPermalink





(b) Conforming Amendment- The table of contents for the Federal Rules of Criminal Procedure is amended by inserting after the item relating to Rule 43 the following:CommentsClose CommentsPermalink





`43.1 Victim's Presence.'.CommentsClose CommentsPermalink

SEC. 27. COUNSEL FOR VICTIMS.

Rule 44 of the Federal Rules of Criminal Procedure is amended by adding at the end the following:CommentsClose CommentsPermalink





`(d) Counsel for Victims- When the interests of justice clearly require, the court may appoint counsel for a victim to assist the victim in exercising the rights of the victim under these rules or any other provision of Federal law.'.CommentsClose CommentsPermalink

SEC. 28. RIGHT TO BE HEARD.

Rule 46 of the Federal Rules of Criminal Procedure is amended by adding at the end the following:CommentsClose CommentsPermalink





`(k) Victim's Right To Be Heard- A victim has the right to be heard regarding any decision to release the defendant. The court shall consider the views of the victim and the right of the victim to be reasonably protected from the defendant in making any release decision, including such decisions in petty cases. In a case where the court finds that the number of victims makes it impracticable to afford all of the victims the right to be heard in open court, the court shall fashion a reasonable procedure to facilitate hearing from representative victims.'.CommentsClose CommentsPermalink

SEC. 29. MOTIONS AND SUPPORTING AFFIDAVITS.

Rule 47(b) of the Federal Rules of Criminal Procedure is amended by adding at the end the following: `In deciding whether to grant the government's motion to dismiss, the court shall consider the views of the victim.'.CommentsClose CommentsPermalink

SEC. 30. SERVING AND FILING PAPERS.

Rule 49(a) of the Federal Rules of Criminal Procedure is amended by inserting after `on every other party' the following: `, and on the victim or any counsel for a victim who has entered a notice of appearance,'.CommentsClose CommentsPermalink

SEC. 31. PROMPT DISPOSITION.

Rule 50 of the Federal Rules of Criminal Procedure is amended to read as follows:CommentsClose CommentsPermalink

`Rule 50. Prompt Disposition

`(a) Scheduling Preference- Scheduling preference shall be given to criminal proceedings as far as is practicable.CommentsClose CommentsPermalink





`(b) Defendant's Right Against Delay- The court shall assure that the right of the defendant to a speedy trial is protected, as provided by the Speedy Trial Act of 1974 (18 U.S.C. 3161 note).CommentsClose CommentsPermalink





`(c) Victim's Right Against Delay- The court shall assure that the right of the victim to proceedings free from unreasonable delay is protected. The victim has the right to be heard regarding any motion to continue any proceeding. If the court grants a motion to continue over the objection of the victim, the court shall state its reasons in writing.'.CommentsClose CommentsPermalink

SEC. 32. PRESERVING CLAIMED ERROR.

Rule 51(b) of the Federal Rules of Criminal Procedure is amended--CommentsClose CommentsPermalink





(1) in the first sentence, by inserting after `A party' the following: `or a victim'; andCommentsClose CommentsPermalink





(2) in the second sentence, by inserting after `If a party' the following: `or a victim'.CommentsClose CommentsPermalink

SEC. 33. DIRECTION TO SENTENCING COMMISSION.

The United States Sentencing Commission is directed to make appropriate amendments to sentencing guidelines, policy statements, and official commentary to ensure that crime victims have meaningful participation in the sentencing process.CommentsClose CommentsPermalink