Washington, DC - The U.S. Senate today approved legislation sponsored by U.S. Senators Jon Kyl (R-AZ), Dianne Feinstein (D-Calif.), Orrin Hatch (R-UT), and Patrick Leahy (D-VT) to give victims of violent crime a core set of procedural rights under federal law and ensure that they have standing to assert their rights before a court.

The bill is named for five victims of violent crime: Scott Campbell of San Juan Capistrano, CA; Stephanie Roper of Upper Marlboro, MD; Wendy Preston of Venice, FL; Lourana Gillis, Alhambra, CA; and Nila Lynn of Sun City, AZ. Their stories are detailed below.  "The scales of justice are today out of balance," Senator Feinstein said.

Senator Feinstein, with Senator Jon Kyl (R-AZ), left, and Senator Patrick Leahy (D-VT) right, speaks at a news conference in support of legislation to protect the rights of crime victims. (4/22/04)

"While criminal defendants have an array of rights under law, crime victims have few meaningful rights. This legislation will ensure that victims of crime in America are included in the criminal justice process. Senator Kyl and I have been working on this issue for more than 8 years. I am pleased that this new approach was embraced by the Senate."

"This bill has three key parts, which taken together mark an historic step forward in our effort to ensure that victims of crime are accorded due process in our criminal justice system. Together these parts link rights, remedies, and resources to accomplish basic goals of fairness for victims of crime and will ensure that victims and their families know what is happening in the criminal process, and be present and heard during the process." 

"Passage of this bill means so much to the victims of crime across this nation. I hope the bill will be passed by the House and signed into law soon."

Rights 

Specifically, the legislation gives victims 8 specific rights under civil law including the right to:

•  Be reasonably protected from the accused offender;

•  Reasonable and timely notice of any public proceeding involving the crime or of any release or escape of the accused;

•  Not be excluded from any such public proceeding;

•  Be heard at any public proceeding involving release, plea, sentencing, reprieve, and pardon;

•  Confer with the Government attorney in the case;

•  Full and timely restitution as provided in law;

•  Timely and accurate information about public proceeding involving the crime or of any release or escape of the accused; and

•  Be treated with fairness and with respect for the victim's dignity and privacy.

Enforcement 

The bill enforces the rights provided by requiring that:

•  Criminal courts ensure that victims be afforded the rights and that any decision denying relief be made on the record.

•  Prosecutors and other law enforcement officials to make their best efforts to see that crime victims are notified of and accorded these rights.

If any federal court denies these rights, a victim may apply for a writ of mandamus for immediate relief.

Definition: A "crime victim" is a person directly and proximately harmed as a result of the commission of any offense. If the crime victim is under 18, incompetent, incapacitated, or deceased, the legal guardians of the crime victim or representatives of the crime victim's estate, family members or persons appointed by the court, may assert the crime victim's rights. The defendant cannot be the representative or guardian. 

Standing: Only the crime victim, his or her lawful representative or the government attorney may assert these rights. 

Retrial: In no case can the failure to afford a right result in a new trial.

Large number of victims: The court must fashion a procedure to provide for the rights of the victims, when the number of victims makes it impracticable to accord all them the rights outlined in the legislation.

Compliance: The Attorney General, within one year of enactment must establish regulations to enforce the rights of crime victims and ensure compliance.

Funding

Additionally, the legislation provides $122.3 million for the Department of Justice for grants to provide these rights and encourage States to provide these rights in State law. This includes:

• $22 million to the U. S. Attorneys' Victims Witness Offices to improve services to federal crime victims;

• $22 million to the Office for Victims of Crime to enhance notification to federal crime victims;

• $2.3 million to the Office for Victims of Crime to administer a new victims' rights enforcement project;

• $51 million to the Office for Victims of Crime for the support of the National Crime Victim Law Institute's projects to enforce victims' rights, including 11 legal clinics; and

• $25 million for grants to States to develop and implement state-of-the-art victim notification systems.

The bill is cosponsored by Senators Evan Bayh (D-IN), Hillary Clinton (D-NY), Susan Collins (R-ME), Larry Craig (R-ID), Tom Daschle (D-SD), Mike DeWine (R-OH), Dick Durbin (D-IL), Russ Feingold (D-WI), Bill Frist (R-TN), Lindsey Graham (R-SC), Charles Grassley (R-IA), Edward Kennedy (D-MA), John Kerry (D-MA), Joseph Lieberman (D-CT), Mitch McConnell (R-KY), Bill Nelson (D-FL), Mark Pryor (D-AR), Charles Schumer (D-NY), and Debbie Stabenow (D-MI).