18 U.S.C. § 3771 — Crime victims’ rights

Page 883 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3771 1 See References in Text note below. § 3771. Crime victims’ rights (a) RIGHTS OF CRIME VICTIMS.—A crime victim has the following rights: (1) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding. (4) The right to be reasonably heard at any public proceeding in the district court involv- ing release, plea, sentencing, or any parole proceeding. (5) The reasonable right to confer with the attorney for the Government in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unrea- sonable delay. (8) The right to be treated with fairness and with respect for the victim’s dignity and pri- vacy. (9) The right to be informed in a timely manner of any plea bargain or deferred pros- ecution agreement. (10) The right to be informed of the rights under this section and the services described in section 503(c) of the Victims’ Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)) 1 and provided contact information for the Office of the Victims’ Rights Ombudsman of the De- partment of Justice. (b) RIGHTS AFFORDED.— (1) IN GENERAL.—In any court proceeding in- volving an offense against a crime victim, the court shall ensure that the crime victim is af- forded the rights described in subsection (a). Before making a determination described in subsection (a)(3), the court shall make every effort to permit the fullest attendance possible by the victim and shall consider reasonable al- ternatives to the exclusion of the victim from the criminal proceeding. The reasons for any decision denying relief under this chapter shall be clearly stated on the record. (2) HABEAS CORPUS PROCEEDINGS.— (A) IN GENERAL.—In a Federal habeas cor- pus proceeding arising out of a State convic- tion, the court shall ensure that a crime vic- tim is afforded the rights described in para- graphs (3), (4), (7), and (8) of subsection (a). (B) ENFORCEMENT.— (i) IN GENERAL.—These rights may be en- forced by the crime victim or the crime victim’s lawful representative in the man- ner described in paragraphs (1) and (3) of subsection (d). (ii) MULTIPLE VICTIMS.—In a case involv- ing multiple victims, subsection (d)(2) shall also apply. (C) LIMITATION.—This paragraph relates to the duties of a court in relation to the rights of a crime victim in Federal habeas corpus proceedings arising out of a State convic- tion, and does not give rise to any obligation or requirement applicable to personnel of any agency of the Executive Branch of the Federal Government. (D) DEFINITION.—For purposes of this para- graph, the term ‘‘crime victim’’ means the person against whom the State offense is committed or, if that person is killed or in- capacitated, that person’s family member or other lawful representative. (c) BEST EFFORTS TO ACCORD RIGHTS.— (1) GOVERNMENT.—Officers and employees of the Department of Justice and other depart- ments and agencies of the United States en- gaged in the detection, investigation, or pros- ecution of crime shall make their best efforts to see that crime victims are notified of, and accorded, the rights described in subsection (a). (2) ADVICE OF ATTORNEY.—The prosecutor shall advise the crime victim that the crime victim can seek the advice of an attorney with respect to the rights described in subsection (a). (3) NOTICE.—Notice of release otherwise re- quired pursuant to this chapter shall not be given if such notice may endanger the safety of any person. (d) ENFORCEMENT AND LIMITATIONS.— (1) RIGHTS.—The crime victim or the crime victim’s lawful representative, and the attor- ney for the Government may assert the rights described in subsection (a). A person accused of the crime may not obtain any form of relief under this chapter. (2) MULTIPLE CRIME VICTIMS.—In a case where the court finds that the number of crime vic- tims makes it impracticable to accord all of the crime victims the rights described in sub- section (a), the court shall fashion a reason- able procedure to give effect to this chapter that does not unduly complicate or prolong the proceedings. (3) MOTION FOR RELIEF AND WRIT OF MAN- DAMUS.—The rights described in subsection (a) shall be asserted in the district court in which a defendant is being prosecuted for the crime or, if no prosecution is underway, in the dis- trict court in the district in which the crime occurred. The district court shall take up and decide any motion asserting a victim’s right forthwith. If the district court denies the re- lief sought, the movant may petition the court of appeals for a writ of mandamus. The court of appeals may issue the writ on the order of a single judge pursuant to circuit rule or the Federal Rules of Appellate Procedure. The court of appeals shall take up and decide such application forthwith within 72 hours after the petition has been filed, unless the litigants, with the approval of the court, have stipulated to a different time period for consideration. In deciding such application, the court of appeals shall apply ordinary standards of appellate re- view. In no event shall proceedings be stayed or subject to a continuance of more than five days for purposes of enforcing this chapter. If the court of appeals denies the relief sought, Page 884 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3771 the reasons for the denial shall be clearly stat- ed on the record in a written opinion. (4) ERROR.—In any appeal in a criminal case, the Government may assert as error the dis- trict court’s denial of any crime victim’s right in the proceeding to which the appeal relates. (5) LIMITATION ON RELIEF.—In no case shall a failure to afford a right under this chapter provide grounds for a new trial. A victim may make a motion to re-open a plea or sentence only if— (A) the victim has asserted the right to be heard before or during the proceeding at issue and such right was denied; (B) the victim petitions the court of ap- peals for a writ of mandamus within 14 days; and (C) in the case of a plea, the accused has not pled to the highest offense charged. This paragraph does not affect the victim’s right to restitution as provided in title 18, United States Code. (6) NO CAUSE OF ACTION.—Nothing in this chapter shall be construed to authorize a cause of action for damages or to create, to enlarge, or to imply any duty or obligation to any victim or other person for the breach of which the United States or any of its officers or employees could be held liable in damages. Nothing in this chapter shall be construed to impair the prosecutorial discretion of the At- torney General or any officer under his direc- tion. (e) DEFINITIONS.—For the purposes of this chapter: (1) COURT OF APPEALS.—The term ‘‘court of appeals’’ means— (A) the United States court of appeals for the judicial district in which a defendant is being prosecuted; or (B) for a prosecution in the Superior Court of the District of Columbia, the District of Columbia Court of Appeals. (2) CRIME VICTIM.— (A) IN GENERAL.—The term ‘‘crime 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. (B) MINORS AND CERTAIN OTHER VICTIMS.— In the case of a crime victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the crime victim or the representatives of the crime victim’s estate, family members, or any other persons appointed as suitable by the court, may assume the crime victim’s rights under this chapter, but in no event shall the defendant be named as such guardian or rep- resentative. (3) DISTRICT COURT; COURT.—The terms ‘‘dis- trict court’’ and ‘‘court’’ include the Superior Court of the District of Columbia. (f) PROCEDURES TO PROMOTE COMPLIANCE.— (1) REGULATIONS.—Not later than 1 year after the date of enactment of this chapter, the Attorney General of the United States shall promulgate regulations to enforce the rights of crime victims and to ensure compli- ance by responsible officials with the obliga- tions described in law respecting crime vic- tims. (2) CONTENTS.—The regulations promulgated under paragraph (1) shall— (A) designate an administrative authority within the Department of Justice to receive and investigate complaints relating to the provision or violation of the rights of a crime victim; (B) require a course of training for employ- ees and offices of the Department of Justice that fail to comply with provisions of Fed- eral law pertaining to the treatment of crime victims, and otherwise assist such em- ployees and offices in responding more effec- tively to the needs of crime victims; (C) contain disciplinary sanctions, includ- ing suspension or termination from employ- ment, for employees of the Department of Justice who willfully or wantonly fail to comply with provisions of Federal law per- taining to the treatment of crime victims; and (D) provide that the Attorney General, or the designee of the Attorney General, shall be the final arbiter of the complaint, and that there shall be no judicial review of the final decision of the Attorney General by a complainant. (Added Pub. L. 108–405, title I, § 102(a), Oct. 30, 2004, 118 Stat. 2261; amended Pub. L. 109–248, title II, § 212, July 27, 2006, 120 Stat. 616; Pub. L. 111–16, § 3(12), May 7, 2009, 123 Stat. 1608; Pub. L. 114–22, title I, § 113(a), (c)(1), May 29, 2015, 129 Stat. 240, 241.) Editorial Notes REFERENCES IN TEXT Section 503(c) of the Victims’ Rights and Restitution Act of 1990, referred to in subsec. (a)(10), is section 503(c) of title V of Pub. L. 101–647, which was classified to section 10607(c) of Title 42, The Public Health and Welfare, prior to editorial reclassification as section 20141(c) of Title 34, Crime Control and Law Enforce- ment. The Federal Rules of Appellate Procedure, referred to in subsec. (d)(3), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. The date of enactment of this chapter, referred to in subsec. (f)(1), is the date of enactment of Pub. L. 108–405, which was approved Oct. 30, 2004. PRIOR PROVISIONS A prior section 3771, acts June 25, 1948, ch. 645, 62 Stat. 846; May 24, 1949, ch. 139, § 59, 63 Stat. 98; May 10, 1950, ch. 174, § 1, 64 Stat. 158; July 7, 1958, Pub. L. 85–508, § 12(k), 72 Stat. 348; Mar. 18, 1959, Pub. L. 86–3, § 14(g), 73 Stat. 11; Oct. 17, 1968, Pub. L. 90–578, title III, § 301(a)(2), 82 Stat. 1115, related to procedure to and including ver- dict, prior to repeal by Pub. L. 100–702, title IV, §§ 404(a), 407, Nov. 19, 1988, 102 Stat. 4651, 4652, effective Dec. 1, 1988. AMENDMENTS 2015—Subsec. (a)(9), (10). Pub. L. 114–22, § 113(a)(1), added pars. (9) and (10). Subsec. (d)(3). Pub. L. 114–22, § 113(c)(1), inserted ‘‘In deciding such application, the court of appeals shall apply ordinary standards of appellate review.’’ before ‘‘In no event shall’’. Pub. L. 114–22, § 113(a)(2), inserted ‘‘, unless the liti- gants, with the approval of the court, have stipulated Page 885 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3772 1 See References in Text note below. to a different time period for consideration’’ after ‘‘after the petition has been filed’’. Subsec. (e). Pub. L. 114–22, § 113(a)(3), substituted ‘‘For the purposes of this chapter:’’ for ‘‘For the purposes of this chapter, the term’’, designated remainder of exist- ing provisions as par. (2) and inserted par. heading, in par. (2), inserted subpar. (A) designation, heading, and ‘‘The term’’ before ‘‘ ‘crime victim’ means’’ and in- serted subpar. (B) designation and heading before ‘‘In the case’’, and added pars. (1) and (3). 2009—Subsec. (d)(5)(B). Pub. L. 111–16 substituted ‘‘14 days’’ for ‘‘10 days’’. 2006—Subsec. (b). Pub. L. 109–248 designated existing provisions as par. (1), inserted heading, and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114–22, title I, § 113(c)(2), May 29, 2015, 129 Stat. 241, provided that: ‘‘The amendment made by para- graph (1) [amending this section] shall apply with re- spect to any petition for a writ of mandamus filed under section 3771(d)(3) of title 18, United States Code, that is pending on the date of enactment of this Act [May 29, 2015].’’ EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of Title 11, Bankruptcy. SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–405, title I, § 101, Oct. 30, 2004, 118 Stat. 2261, provided that: ‘‘This title [enacting this chapter and sections 10603d and 10603e of Title 42, The Public Health and Welfare, repealing section 10606 of Title 42, and enacting provisions set out as a note under this section] may be cited as the ‘Scott Campbell, Steph- anie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims’ Rights Act’.’’ REPORTS ON ASSERTION OF CRIME VICTIMS’ RIGHTS IN CRIMINAL CASES Pub. L. 108–405, title I, § 104(a), Oct. 30, 2004, 118 Stat. 2265, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Oct. 30, 2004] and annu- ally thereafter, the Administrative Office of the United States Courts, for each Federal court, shall report to Congress the number of times that a right established in chapter 237 of title 18, United States Code, is as- serted in a criminal case and the relief requested is de- nied and, with respect to each such denial, the reason for such denial, as well as the number of times a man- damus action is brought pursuant to chapter 237 of title 18, and the result reached.’’ CHAPTER 238—SEXUAL ASSAULT SURVIVORS’ RIGHTS Sec. 3772. Sexual assault survivors’ rights. § 3772. Sexual assault survivors’ rights (a) RIGHTS OF SEXUAL ASSAULT SURVIVORS.—In addition to those rights provided in section 3771, a sexual assault survivor has the following rights: (1) The right not to be prevented from, or charged for, receiving a medical forensic ex- amination. (2) The right to— (A) subject to paragraph (3), have a sexual assault evidence collection kit or its pro- bative contents preserved, without charge, for the duration of the maximum applicable statute of limitations or 20 years, whichever is shorter; (B) be informed of any result of a sexual assault evidence collection kit, including a DNA profile match, toxicology report, or other information collected as part of a med- ical forensic examination, if such disclosure would not impede or compromise an ongoing investigation; (C) be informed in writing of policies gov- erning the collection and preservation of a sexual assault evidence collection kit; and (D) be informed of the status and location of a sexual assault evidence collection kit. (3) The right to— (A) upon written request, receive written notification from the appropriate official with custody not later than 60 days before the date of the intended destruction or dis- posal; and (B) upon written request, be granted fur- ther preservation of the kit or its probative contents. (4) The right to be informed of the rights under this subsection. (b) APPLICABILITY.—Subsections (b) through (f) of section 3771 shall apply to sexual assault sur- vivors. (c) DEFINITION OF SEXUAL ASSAULT.—In this section, the term ‘‘sexual assault’’ means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent. (d) FUNDING.—This section, other than para- graphs (2)(A) and (3)(B) of subsection (a), shall be carried out using funds made available under section 1402(d)(3)(A)(i) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(3)(A)(i)).1 No addi- tional funds are authorized to be appropriated to carry out this section. (Added Pub. L. 114–236, § 2(a), Oct. 7, 2016, 130 Stat. 966; amended Pub. L. 117–103, div. W, title XV, § 1505, Mar. 15, 2022, 136 Stat. 956.) Editorial Notes REFERENCES IN TEXT Section 1402(d)(3)(A)(i) of the Victims of Crime Act of 1984, referred to in subsec. (d), is section 1402(d)(3)(A)(i) of chapter XIV of title II of Pub. L. 98–473, which was classified to section 10601(d)(3)(A)(i) of Title 42, The Public Health and Welfare, prior to editorial reclassi- fication as section 20101(d)(3)(A)(i) of Title 34, Crime Control and Law Enforcement. PRIOR PROVISIONS A prior section 3772, acts June 25, 1948, ch. 645, 62 Stat. 846; May 24, 1949, ch. 139, § 60, 63 Stat. 98; July 7, 1958, Pub. L. 85–508, § 12(l), 72 Stat. 348; Mar. 18, 1959, Pub. L. 86–3, § 14(h), 73 Stat. 11; Oct. 12, 1984, Pub. L. 98–473, title II, § 206, 98 Stat. 1986, related to procedure after verdict, prior to repeal by Pub. L. 100–702, title IV, §§ 404(a), 407, Nov. 19, 1988, 102 Stat. 4651, 4652, effective Dec. 1, 1988. AMENDMENTS 2022—Subsec. (a)(2)(D). Pub. L. 117–103 added subpar. (D). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022,