34 U.S.C. § 20142 — Untitled legal text

Page 455 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20142 (G) the sentence imposed on an offender, in- cluding the date on which the offender will be eligible for parole. (4) During court proceedings, a responsible of- ficial shall ensure that a victim is provided a waiting area removed from and out of the sight and hearing of the defendant and defense wit- nesses. (5) After trial, a responsible official shall pro- vide a victim the earliest possible notice of— (A) the scheduling of a parole hearing for the offender; (B) the escape, work release, furlough, or any other form of release from custody of the offender; and (C) the death of the offender, if the offender dies while in custody. (6) At all times, a responsible official shall en- sure that any property of a victim that is being held for evidentiary purposes be maintained in good condition and returned to the victim as soon as it is no longer needed for evidentiary purposes. (7) The Attorney General or the head of an- other department or agency that conducts an in- vestigation of a sexual assault shall pay, either directly or by reimbursement of payment by the victim, the cost of a physical examination of the victim which an investigating officer deter- mines was necessary or useful for evidentiary purposes. The Attorney General shall provide for the payment of the cost of up to 2 anony- mous and confidential tests of the victim for sexually transmitted diseases, including HIV, gonorrhea, herpes, chlamydia, and syphilis, dur- ing the 12 months following sexual assaults that pose a risk of transmission, and the cost of a counseling session by a medically trained pro- fessional on the accuracy of such tests and the risk of transmission of sexually transmitted dis- eases to the victim as the result of the assault. A victim may waive anonymity and confiden- tiality of any tests paid for under this section. (8) A responsible official shall provide the vic- tim with general information regarding the cor- rections process, including information about work release, furlough, probation, and eligi- bility for each. (d) No cause of action or defense This section does not create a cause of action or defense in favor of any person arising out of the failure of a responsible person to provide in- formation as required by subsection (b) or (c). (e) Definitions For the purposes of this section— (1) the term ‘‘responsible official’’ means a person designated pursuant to subsection (a) to perform the functions of a responsible offi- cial under that section; and (2) the term ‘‘victim’’ means a person that has suffered direct physical, emotional, or pe- cuniary harm as a result of the commission of a crime, including— (A) in the case of a victim that is an insti- tutional entity, an authorized representa- tive of the entity; and (B) in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, one of the following (in order of preference): (i) a spouse; (ii) a legal guardian; (iii) a parent; (iv) a child; (v) a sibling; (vi) another family member; or (vii) another person designated by the court. (Pub. L. 101–647, title V, § 503, Nov. 29, 1990, 104 Stat. 4820; Pub. L. 103–322, title IV, § 40503(a), Sept. 13, 1994, 108 Stat. 1946.) Editorial Notes REFERENCES IN TEXT Section 10606(b)(4) of title 42, referred to in subsec. (c)(3)(D), was in the original ‘‘section 1102(b)(4)’’, mean- ing section 1102(b)(4) of Pub. L. 101–647, which has been translated as reading section 502(b)(4) of Pub. L. 101–647 to reflect the probable intent of Congress because Pub. L. 101–647 does not contain a section 1102 and section 502(b)(4) relates to the right of crime victims to be present at public court proceedings. Section 10606 of Title 42, The Public Health and Welfare, was repealed by Pub. L. 108–405, title I, § 102(c), Oct. 30, 2004, 118 Stat. 2264. CODIFICATION Section was formerly classified to section 10607 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 1994—Subsec. (c)(7). Pub. L. 103–322 inserted at end ‘‘The Attorney General shall provide for the payment of the cost of up to 2 anonymous and confidential tests of the victim for sexually transmitted diseases, includ- ing HIV, gonorrhea, herpes, chlamydia, and syphilis, during the 12 months following sexual assaults that pose a risk of transmission, and the cost of a coun- seling session by a medically trained professional on the accuracy of such tests and the risk of transmission of sexually transmitted diseases to the victim as the result of the assault. A victim may waive anonymity and confidentiality of any tests paid for under this sec- tion.’’ § 20142. Closed circuit televised court pro- ceedings for victims of crime (a) In general Notwithstanding any provision of the Federal Rules of Criminal Procedure to the contrary, in order to permit victims of crime to watch crimi- nal trial proceedings in cases where the venue of the trial is changed— (1) out of the State in which the case was initially brought; and (2) more than 350 miles from the location in which those proceedings originally would have taken place; the trial court shall order closed circuit tele- vising of the proceedings to that location, for viewing by such persons the court determines have a compelling interest in doing so and are otherwise unable to do so by reason of the incon- venience and expense caused by the change of venue. (b) Limited access (1) Generally No other person, other than official court and security personnel, or other persons spe- Page 456 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20143 1 So in original. No par. (2) has been enacted. cifically designated by the court, shall be per- mitted to view the closed circuit televising of the proceedings. (2) Exception The court shall not designate a person under paragraph (1) if the presiding judge at the trial determines that testimony by that person would be materially affected if that person heard other testimony at the trial. (c) Restrictions (1) The signal transmitted pursuant to sub- section (a) shall be under the control of the court at all times and shall only be transmitted subject to the terms and conditions imposed by the court. (2) No public broadcast or dissemination shall be made of the signal transmitted pursuant to subsection (a). In the event any tapes are pro- duced in carrying out subsection (a), such tapes shall be the property of the court and kept under seal. (3) Any violations of this subsection, or any rule or order made pursuant to this section, shall be punishable as contempt of court as de- scribed in section 402 of title 18. (d) Donations The Administrative Office of the United States Courts may accept donations to enable the courts to carry out subsection (a). (e) Construction (1) 1 Nothing in this section shall be con- strued— (i) to create in favor of any person a cause of action against the United States or any officer or employees thereof, or (ii) to provide any person with a defense in any action in which application of this section is made. (f) ‘‘State’’ defined As used in this section, the term ‘‘State’’ means any State, the District of Columbia, or any possession or territory of the United States. (g) Rules The Judicial Conference of the United States, pursuant to its rule making authority under sec- tion 331 of title 28, may promulgate and issue rules, or amend existing rules, to effectuate the policy addressed by this section. Upon the im- plementation of such rules, this section shall cease to be effective. (h) Effective date This section shall only apply to cases filed after January 1, 1995. (Pub. L. 104–132, title II, § 235, Apr. 24, 1996, 110 Stat. 1246.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Criminal Procedure, referred to in subsec. (a), are set out in the Appendix to Title 18, Crimes and Criminal Procedure. CODIFICATION Section was formerly classified to section 10608 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20143. Grants for young witness assistance (a) In general The Director of the Bureau of Justice Assist- ance of the Office of Justice Programs may make grants to State and local prosecutors and law enforcement agencies in support of juvenile and young adult witness assistance programs. (b) Use of funds Grants made available under this section may be used— (1) to assess the needs of juvenile and young adult witnesses; (2) to develop appropriate program goals and objectives; and (3) to develop and administer a variety of witness assistance services, which includes— (A) counseling services to young witnesses dealing with trauma associated in wit- nessing a violent crime; (B) pre- and post-trial assistance for the youth and their family; (C) providing education services if the child is removed from or changes their school for safety concerns; (D) protective services for young witnesses and their families when a serious threat of harm from the perpetrators or their associ- ates is made; and (E) community outreach and school-based initiatives that stimulate and maintain pub- lic awareness and support. (c) Definitions In this section: (1) The term ‘‘juvenile’’ means an individual who is age 17 or younger. (2) The term ‘‘young adult’’ means an indi- vidual who is age 21 or younger but not a juve- nile. (3) The term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2006 through 2009. (Pub. L. 109–162, title XI, § 1136, Jan. 5, 2006, 119 Stat. 3109; Pub. L. 109–271, § 8(c), Aug. 12, 2006, 120 Stat. 766.) Editorial Notes CODIFICATION Section was formerly classified to section 3743 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2006—Subsec. (a). Pub. L. 109–271 substituted ‘‘The Di- rector of the Bureau of Justice Assistance of the Office of Justice Programs may’’ for ‘‘The Attorney General, acting through the Bureau of Justice Assistance, may’’. § 20144. Justice for United States victims of state sponsored terrorism (a) Short title This section may be cited as the ‘‘Justice for United States Victims of State Sponsored Ter- rorism Act’’.