,i #aafth ,,congress #ast ,session ,h4 ,r4 #dgbi ,,in ,,the ,,house ,,of ,,representatives ,october #ag1 #bjai,ms4 ,speier 7for herself1 ,mr4 ,brooks of ,alabama1 ,ms4 ,frankel1 ,mr4 ,perry1 ,mrs4 ,bustos1 ,ms4 ,castor of ,florida1 ,mr4 ,cisneros1 ,mr4 ,cohen1 ,mrs4 ,dingell1 ,ms4 ,norton1 ,mr4 ,ryan1 ,mrs4 ,torres of ,california1 and ,mrs4 ,wagner7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to protect the rights of crime victims1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,courtney ,wild ,crime ,victims' ,rights ,reform ,act of #bjai4 #b4 ,crime ,victims' ,rights ,section #cgga of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#e71 by striking ,government in the case and inserting the ,government1 including the right to confer about any plea bargain or other resolution of the case before such plea bargain or resolution is presented to the court or otherwise finalized2 and 7,b7 in paragraph 7#i71 by striking or deferred prosecution agreement and inserting deferred prosecution agreement1 nonprosecution agreement1 or the referral of a criminal investigation to another ,federal1 ,state1 or local law enforcement entity4 ,in the case of a nonprosecution agreement or referral of a criminal investigation to another law enforcement entity1 upon a showing of good cause1 which shall be based upon public safety and the needs of related ongoing prosecutions1 the victim may be required to maintain the confidentiality of any nonpublic information disclosed to the victim4 ,any such duty of confidentiality may not be greater than that of the ,government or the defendant4 ,the ,attorney ,general may assess a civil penalty for any breach of confidentiality under this section1 after notice and an opportunity for a hearing1 of not more than #ejj for each violation42 7#b7 in subsection 7c77#a71 by inserting after the period at the end the following3 ,if a dispute arises about whether the officers and employees have made such best efforts1 the ,department of ,justice shall promptly provide to the victim and1 if requested1 to the court reviewing the issue all relevant information and documents concerning the circumstances1 including steps taken to comply with this subsection42 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by inserting after the ,government the following3 with the informed consent of the victim1 the ,government 7including a ,special ,victims' ,advocate appearing pursuant to paragraph 7#h772 7,b7 in paragraph 7#b71 by inserting after the period at the end the following3 ,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 7a742 7,c7 in paragraph 7#c71 by striking forthwith and inserting forthwith1 and the ,government shall provide promptly to the ,court all information and documents relevant to the assertion of the right2 7,d7 by amending paragraph 7#e7 to read as follows3 7#e7 ,re-opening proceedings 7,a7 ,in no case shall a failure to afford a right under this chapter provide grounds for a new trial4 7,b7 ,a victim who received reasonable notice of the relevant proceedings may make a motion to re-open a plea or sentence only if-- 7i7 the victim has asserted the right to be heard before or during the proceeding at issue and such right was denied2 7ii7 the victim petitions the court of appeals for a writ of mandamus within #cj days2 and 7iii7 in the case of a plea1 the accused has not pled to the highest offense charged4 7,c7 ,a victim may bring a motion to re-open a plea or sentence1 not later than #ahj days after the relevant proceeding1 upon the basis that the victim was not able to assert the right to be heard during the proceeding because the victim did not have reasonable and timely notice of the proceeding4 2 7,e7 by redesignating paragraph 7#f7 as paragraph 7#aj72 and 7,f7 by inserting after paragraph 7#e7 the following3 7#f7 ,motion to annul prosecutorial agreements ,a crime victim may make a motion to rescind a deferred prosecution or may bring an action in the district court to annul a nonprosecution agreement based upon a showing by clear and convincing evidence that the ,government violated the rights provided for crime victims in this section4 7#g7 ,remedies ,for proceedings under paragraphs 7#e7 and 7#f71 upon a finding that a victim's rights have been violated1 the court shall impose a just and appropriate remedy to address such violation4 ,in determining the appropriate remedy1 the court may convene a hearing for victim impact statements1 and consider the testimony at any such hearing4 7#h7 ,special victims' advocate ,the ,national ,coordinator may appear in a criminal action as a ,special ,victims' ,advocate to protect the rights of crime victims in this section4 7#i7 ,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 expenses1 as provided in section #bdab of title #bh1 ,united ,states ,code4 2 7#d7 in subsection 7e77#b77;,a71 by striking the commission of a and inserting a suspected1 alleged1 charged1 or convicted2 and 7#e7 by striking subsection 7f74 #c4 ,department of ,justice officials responsible for ensuring victims' rights 7a7 ,in general ,chapter #bcg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #cggb4 ,office of the ,national ,coordinator for ,victims' ,rights 7a7 ,establishment ,there is established within the ,office of the ,deputy ,attorney ,general of the ,department of ,justice1 the ,office of the ,national ,coordinator for ,victims' ,rights1 headed by the ,national ,coordinator for ,victims' ,rights 7in this section referred to as the ,national ,coordinator71 for the purpose of reviewing determinations of the ,ombudsman1 monitoring and appearing in court proceedings as ,special ,victim's ,advocate to protect the rights of victims1 and developing standards for treatment of victims4 7b7 ,duties ,the ,national ,coordinator shall have the following duties3 7#a7 ,revisions ,not less than once every #b years1 the ,national ,coordinator1 in consultation with the ,ombudsman1 the ,director of the ,office of ,violence ,against ,women1 the ,director of the ,federal ,bureau of ,investigation1 the litigating components of the ,department of ,justice1 and victims' rights and services groups1 shall review and1 if necessary1 recommend the revision of the rules issued by the ,attorney ,general under section #cggd4 7#b7 ,advocate ,the ,national ,coordinator may appear before the court and act as a ,special ,victims' ,advocate1 either upon receiving a request from the ,ombudsman pursuant to section #cggc7;b77#e71 upon a request from a prosecutor1 or in the discretion of the ,national ,coordinator based on the circumstances4 7#c7 ,training ,the ,national ,coordinator shall coordinate a mandatory course of training on the treatment of crime victims for each officer or employee of the ,department of ,justice who interacts with crime victims as a part of their official duties4 7#d7 ,sanctions ,the ,national ,coordinator may apply disciplinary sanctions1 including suspension or termination from employment and delay of promotion on the ,general ,schedule or other relevant pay schedule1 for officers and employees of the ,department of ,justice who fail to comply with section #cgga7;a7 or section #ejc of the ,victims' ,rights and ,restitution ,act of #aiij 7#cd ,u4,s4,c4 #bjada74 7#e7 ,minimum requirements ,the ,national ,coordinator shall develop best practices for protecting the rights of crime victims1 which may exceed the minimum legal requirements set forth in this chapter and shall be relevant to determining whether an officer or employee of the ,department of ,justice has made best efforts to ensure that crime victims are notified of1 and accorded1 the rights described in section #cgga7;a7 or section #ejc of the ,victims' ,rights and ,restitution ,act of #aiij 7#cd ,u4,s4,c4 #bjada74 7c7 ,award 7#a7 ,in general ,the ,national ,coordinator may1 upon a final determination that an officer or employee of the ,department of ,justice intentionally violated the rights of a victim1 award the victim not more than #ae1jjj1 to be paid out of the fund described in section #acjd of title #ca4 7#b7 ,supplemental ,the award payable under this subsection shall be in addition to any other restitution or recovery to which the crime victim is entitled as a result of the crime4 #cggc4 ,office of ,crime ,victims' ,rights 7a7 ,establishment ,there is established within the ,executive ,office for ,united ,states ,attorneys of the ,department of ,justice1 the ,office of ,crime ,victims' ,rights1 headed by the ,crime ,victims' ,rights ,ombudsman 7in this section referred to as the ,ombudsman71 for the purposes of-- 7#a7 receiving1 coordinating investigations of1 and adjudicating complaints relating to a violation of the rights of a crime victim2 and 7#b7 serving as a central resource for information and contact in the ,department of ,justice for crime victims4 7b7 ,duties ,the ,ombudsman shall have the following duties3 7#a7 ,complaint submission system ,the ,ombudsman shall develop a streamlined system for submitting complaints to the ,ombudsman electronically and by mail4 7#b7 ,points of contact ,the ,ombudsman shall appoint a point of contact for each office of the ,department of ,justice and mandate annual training for each point of contact on the requirements and expectations of ,department of ,justice officers and employees with respect to the rights of crime victims4 7#c7 ,complaint process ,the ,ombudsman shall establish1 in coordination with the ,national ,coordinator1 a process for the ,ombudsman-- 7,a7 to directly receive any complaint from crime victims for violations of their rights under section #cgga7;a7 or section #ejc of the ,victims' ,rights and ,restitution ,act of #aiij 7#cd ,u4,s4,c4 #bjada7 by an officer or employee of the ,department of ,justice and to refer the complaint to the point of contact at each relevant office for investigation1 initial findings1 and recommendations2 7,b7 in the case that the point of contact has a conflict of interest1 to refer the complaint to another officer in a relevant office to address the complaint1 who shall be designated as the point of contact with respect to that complaint2 7,c7 to provide the complainant an opportunity to be heard by the point of contact and respond to initial findings of the point of the contact2 7,d7 to review the findings and recommendations of the point of contact2 and 7,e7 to1 not later than #ij days after receipt of a complaint-- 7i7 make a final determination based on the findings and recommendations of the point of contact on whether there was any violation of the rights of the crime victim2 and 7ii7 in the case that there is a violation1 identify each officer or employee responsible for the violation1 the severity of the violation1 and any relief or disciplinary sanction to be imposed4 7#d7 ,report determinations ,the ,ombudsman shall report to the complainant the determinations made under paragraph 7#c71 after which the complainant shall have an opportunity to appeal to the ,national ,coordinator1 except in a case in which the complaint concerns the conduct of the ,national ,coordinator1 in which case the appeal shall be to the ,attorney ,general or a designee of the ,attorney ,general4 ,whether or not there is an appeal1 the ,ombudsman shall refer the determinations to the ,national ,coordinator for final review and approval and application of any disciplinary sanctions or award4 7#e7 ,appoint advocate 7,a7 ,request ,the ,ombudsman shall develop a process by which victims may submit a request for the ,national ,coordinator to appear before the court and act as a ,special ,victims' ,advocate4 7,b7 ,referral ,the ,ombudsman shall refer to the ,national ,coordinator any request received pursuant to the process developed under subparagraph 7,a74 7#f7 ,complaint period ,a victim of a crime may submit a complaint under this subsection ending on the date that is #a year after the victim learns of a violation of their rights under section #cgga7;a7 or section #ejc of the ,victims' ,rights and ,restitution ,act of #aiij 7#cd ,u4,s4,c4 #bjada7 by an officer or employee of the ,department of ,justice or #b years after the actual violation1 whichever is later1 except that the ,national ,coordinator may extend such date if the ,national ,coordinator determines an extension to be necessary to accord the victim of a crime their rights upon a showing of good cause4 #cggd4 ,general provisions 7a7 ,rule making ,the ,attorney ,general shall issue such rules as may be necessary to carry out this chapter4 7b7 ,reports to ,congress 7#a7 ,in general ,the ,attorney ,general shall submit to ,congress a report on-- 7,a7 significant steps taken to improve the ,department's best efforts to accord crime victims their rights2 7,b7 the number of complaints filed with the ,ombudsman and the outcome of those complaints 7including any disciplinary action72 and 7,c7 a list of all cases in which a court has determined that there has been a failure to accord crime victims their rights and the best efforts made by officers and employees of the ,department of ,justice in each case4 7#b7 ,annual and biannual reports ,the report described in paragraph 7#a7 shall be submitted not later than #a year after the date of enactment of this section and-- 7,a7 annually thereafter for a period of #b years2 and 7,b7 biannually after the end of the period described in subparagraph 7,a74 4 7b7 ,clerical amendment ,the table of sections for chapter #bcg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #cggb4 ,office of the ,national ,coordinator for ,victims' ,rights4 #cggc4 ,office of ,crime ,victims' ,rights4 #cggd4 ,general provisions4 4 7c7 ,judicial ,training on the ,rights of ,crime ,victims ,not later than #a year after the date of enactment of this ,act1 the ,director of the ,federal ,judicial ,center shall1 in consultation with victims' rights and services groups-- 7#a7 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 proceedings2 and 7#b7 incorporate the concepts from the guidebook in the ,federal ,judicial ,center's judicial orientation training4 #d4 ,crime ,victim ,legal ,assistance ,grants ,section #adjd;,d of the ,victims of ,crime ,act of #aihd 7#cd ,u4,s4,c4 #bjajg7 is amended by adding at the end the following3 7d7 ,authorization of appropriations ,in addition to funds made available under section #adjb7;d71 there are authorized to be appropriated to carry out this section #ac1jjj1jjj for each of fiscal years #bjba1 #bjbb1 #bjbc1 #bjbd1 and #bjbe4 4 #e4 ,national ,resource ,center on ,crime ,victims' ,rights 7a7 ,authority ,the ,attorney ,general1 acting through the ,ombudsman of the ,office of ,crime ,victims' ,rights1 may award a grant to an eligible nonprofit entity or tribal organization1 in order to provide for the establishment and operation of a national resource center on crime victims' rights4 ,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 #cgga of title #ah1 ,united ,states ,code4 7b7 ,applications ,to be eligible to receive a grant under this section1 an entity or organization shall submit an application to the ,attorney ,general at such time1 in such manner1 and containing such information as the ,attorney ,general may require1 including information that demonstrates that the entity or organization has nationally recognized expertise in the area of crime victims' rights4 7c7 ,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 salaries1 travel expenses1 equipment1 printing1 and other reasonable expenses necessary to develop1 maintain1 and disseminate to lawyers and organizations described in subsection 7a71 information and assistance concerning legal representation to assist victims of a crime4 7d7 ,authorization of ,appropriations ,there is authorized to be appropriated to carry out this section #a1ejj1jjj for each of fiscal years #bjba through #bjbe4 7e7 ,availability of ,grant ,funds ,funds appropriated under this section shall remain available until expended4 #f4 ,streamlining victim notification ,section #cffd7;d7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b71 by striking ,the probation officer and inserting ,subject to paragraph 7#g71 the probation officer2 and 7#b7 by adding at the end the following3 7#g7 ,paragraph 7#b7 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 #cgga7;c77#a7 before the probation officer submits a presentence report under subsection 7a74 4 #g4 ,improvements for orders of restitution 7a7 ,changes in procedures for orders of restitution ,section #cffd of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d77#b77;,a77v71 by striking 7,b7 and inserting 7,d72 7#b7 in subsection 7f77#b7-- 7,a7 by inserting the amount owed1 that this amount is payable immediately1 and after order2 and 7,b7 by striking 1 and the schedule according to which12 7#c7 in subsection 7f77#c71 by amending subparagraph 7,b7 to read as follows3 7,b7 ,notwithstanding any payment schedule entered by the court1 each order of restitution shall be a civil debt1 payable immediately1 and subject to the enforcement procedures provided in this section4 ,no payment schedule imposed by the court shall preclude the ,united ,states from enforcing an order of restitution pursuant to this section1 nor shall any payment schedule imposed by the court preclude collection pursuant to the ,bureau of ,prisons' ,inmate ,financial ,responsibility ,program4 2 7#d7 in subsection 7k71 by striking the last sentence2 7#e7 in subsection 7m71 by amending paragraph 7#a7 to read as follows3 7#a7 ,an order of restitution may be enforced as follows3 7,a7 ,an order may be enforced through civil practices and procedures before the liability for restitution is satisfied1 remitted1 set aside1 or terminated under section #cfac4 7,b7 ,an order may be enforced by the ,united ,states in the manner provided for in subchapter ,c of chapter #bbg and subchapter ,b of chapter #bbi of this title4 7,c7 ,an order may be enforced by any victim named in the restitution order in accordance with section #aifb of title #bh4 ,at the request of a victim named in a restitution order1 the clerk of the court shall issue an abstract of judgment certifying that a judgment has been entered in favor of such victim in the amount specified in the restitution order4 ,upon registering1 recording1 docketing1 or indexing such abstract in accordance with the rules and requirements relating to judgments of the court of the ,state where the district court is located1 the abstract of judgment shall be a lien on the property of the defendant located in such ,state in the same manner and to the same extent and under the same conditions as a judgment of a court of general jurisdiction in that ,state4 2 and 7#f7 by inserting after subsection 7p7 the following3 7q7 ,upon motion of the ,government or petition by the probation office1 the court shall conduct a hearing to determine whether the defendant has knowingly refused to make a restitution payment4 ,if the court finds that the defendant is in default1 the court may take any action described in sections #cfac;,a and #cfad of this title1 to obtain compliance with the order of restitution or to sanction the defendant for knowing refusal to pay4 4 7b7 ,expansion of civil remedies for orders of restitution ,section #cfac of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by inserting or restitution after fine2 7#b7 in subsection 7a71 by inserting or restitution after fine each place it appears2 7#c7 in subsection 7b7-- 7,a7 by inserting or restitution after fine2 and 7,b7 by inserting or ordered to pay restitution after fined each place it appears2 and 7#d7 in subsection 7e71 by inserting or restitution after fine4