34 U.S.C. § 20141 — Services to victims

Page 454 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20141 1 So in original. Probably should be followed by ‘‘the’’. 2 See References in Text note below. (B) an audit to determine whether the costs of the national media campaign are al- lowable under chapter 43 of title 41. (8) Report to Congress The Director shall submit on an annual basis a report to Congress that describes— (A) the strategy of the national media campaign and whether specific objectives of the national media campaign were accom- plished; (B) steps taken to ensure that the national media campaign operates in an effective and efficient manner consistent with the overall strategy and focus of the national media campaign; (C) plans to purchase advertising time and space; (D) policies and practices implemented to ensure that Federal funds are used respon- sibly to purchase advertising time and space and eliminate the potential for waste, fraud, and abuse; (E) all contracts entered into with a cor- poration, partnership, or individual working on behalf of the national media campaign; (F) the results of any financial audit of the national media campaign; (G) a description of any evidence used to develop the national media campaign; (H) specific policies and steps implemented to ensure compliance with this subsection; (I) a detailed accounting of the amount of funds obligated during the previous fiscal year for carrying out the national media campaign, including each recipient of funds, the purpose of each expenditure, the amount of each expenditure, any available outcome information, and any other information nec- essary to provide a complete accounting of the funds expended; and (J) a review and evaluation of the effec- tiveness of the national media campaign strategy for the previous year. (9) Authorization of appropriations There are authorized to be appropriated to the Director to carry out this section $5,000,000 for each of fiscal years 2023 through 2027, to re- main available until expended. (Pub. L. 117–103, div. W, title XIII, § 1310(c), Mar. 15, 2022, 136 Stat. 931.) Editorial Notes REFERENCES IN TEXT This subsection, referred to in pars. (1), (3)(A)(vi), (4), and (8)(H), is subsec. (c) of section 1310 of div. W of Pub. L. 117–103, which is classified to this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as a note under section 6851 of Title 15, Commerce and Trade. DEFINITIONS For definitions of terms used in this section, see sec- tion 12291 of this title, as made applicable by section 2(b) of div. W of Pub. L. 117–103, which is set out as a note under section 12291 of this title. SUBCHAPTER III—ADDITIONAL VICTIM COMPENSATION AND SERVICES § 20141. Services to victims (a) Designation of responsible officials The head of each department and agency of the United States engaged in the detection, in- vestigation, or prosecution of crime shall des- ignate by names and office titles the persons who will be responsible for identifying the vic- tims of crime and performing the services de- scribed in subsection (c) at each stage of a criminal case. (b) Identification of victims At the earliest opportunity after the detection of a crime at which it may be done without interfering with an investigation, a responsible official shall— (1) identify the victim or victims of a crime; (2) inform the victims of their right to re- ceive, on request, the services described in subsection (c); and (3) inform each victim of the name, title, and business address and telephone number of the responsible official to whom the victim should address a request for each of the serv- ices described in subsection (c). (c) Description of services (1) A responsible official shall— (A) inform a victim of the place where the victim may receive emergency medical and so- cial services; (B) inform a victim of any restitution or other relief to which the victim may be enti- tled under this or any other law and 1 manner in which such relief may be obtained; (C) inform a victim of public and private programs that are available to provide coun- seling, treatment, and other support to the victim; and (D) assist a victim in contacting the persons who are responsible for providing the services and relief described in subparagraphs (A), (B), and (C). (2) A responsible official shall arrange for a victim to receive reasonable protection from a suspected offender and persons acting in concert with or at the behest of the suspected offender. (3) During the investigation and prosecution of a crime, a responsible official shall provide a victim the earliest possible notice of— (A) the status of the investigation of the crime, to the extent it is appropriate to in- form the victim and to the extent that it will not interfere with the investigation; (B) the arrest of a suspected offender; (C) the filing of charges against a suspected offender; (D) the scheduling of each court proceeding that the witness is either required to attend or, under section 10606(b)(4) 2 of title 42, is enti- tled to attend; (E) the release or detention status of an of- fender or suspected offender; (F) the acceptance of a plea of guilty or nolo contendere or the rendering of a verdict after trial; and 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-