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CBILL23.TXT
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1994-11-11
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TITLE XXIII-VICTIMS OF CRIME
Subtitle A-Victims of Crime
SEC. 230101. VICTIM'S RIGHT OF ALLOCUTION IN SENTENCING.
(a) Modification of Proposed Amendments .-The proposed
the Federal Rules of Criminal Procedure which are embraced by
entered by the Supreme Court of the United States on April 29,
shall take effect on December 1, 1994, as otherwise provided by law,
but with the following amendments:
(b) In General .-Rule 32 of the Federal Rules of Criminal Procedure is
amended by-
(1) striking "and" following the semicolon in subdivision (c)(3)(C);
(2) striking the period at the end of subdivision (c)(3)(D) and
inserting "; and";
(3) inserting after subdivision (c)(3)(D) the following:
"(E) if sentence is to be imposed for a crime of violence or sexual
abuse, address the victim personally if the victim is present at the
sentencing hearing and determine if the victim wishes to make a
statement or present any information in relation to the sentence.";
(4) in subdivision (c)(3)(D), striking "equivalent opportunity" and
inserting in lieu thereof "opportunity equivalent to that of the
defendant's counsel";
(5) in the last sentence of subdivision (c)(4), striking "and (D)" and
inserting "(D), and (E)";
(6) in the last sentence of subdivision (c)(4), inserting "the
victim," before "or the attorney for the Government."; and
(7) adding at the end the following:
"(f) Definitions .-For purposes of this rule-
"(1) 'victim' means any individual against whom an offense has been
committed for which a sentence is to be imposed, but the right of
allocution under subdivision (c)(3)(E) may be exercised instead by-
"(A) a parent or legal guardian if the victim is below the age of
eighteen years or incompetent; or
"(B) one or more family members or relatives designated by the court
if the victim is deceased or incapacitated;
if such person or persons are present at the sentencing hearing,
regardless of whether the victim is present; and
"(2) 'crime of violence or sexual abuse' means a crime that involved
the use or attempted or threatened use of physical force against the
person or property of another, or a crime under chapter 109A of title
18, United States Code.".
(c) Effective Date .-The amendments made by subsection (b) shall
become effective on December 1, 1994.
SEC. 230102. SENSE OF THE SENATE CONCERNING THE RIGHT OF A VICTIM OF A
VIOLENT CRIME OR SEXUAL ABUSE TO SPEAK AT AN OFFENDER'S SENTENCING
HEARING AND ANY PAROLE HEARING.
It is the sense of the Senate that-
(1) the law of a State should provide for a victim's right of
allocution at a sentencing hearing and at any parole hearing if the
offender has been convicted of a crime of violence or sexual abuse;
(2) such a victim should have an opportunity equivalent to the
opportunity accorded to the offender to address the sentencing court
or parole board and to present information in relation to the sentence
imposed or to the early release of the offender; and
(3) if the victim is not able to or chooses not to testify at a
sentencing hearing or parole hearing, the victim's parents, legal
guardian, or family members should have the right to address the court
or board.
Subtitle B-Crime Victims' Fund
SEC. 230201. ALLOCATION OF FUNDS FOR COSTS AND GRANTS.
(a) Generally .-Section 1402(d) of the Victims of Crime Act of 1984
(42 U.S.C. 10601(d)) is amended by- (1) striking paragraph (2) and
inserting the following:
"(2) the next $ 10,000,000 deposited in the Fund shall be available
for grants under section 1404A.";
(2) striking paragraph (3) and inserting the following:
"(3) Of the remaining amount deposited in the Fund in a particular
fiscal year-
"(A) 48.5 percent shall be available for grants under section 1403;
"(B) 48.5 percent shall be available for grants under section 1404(a);
and
"(C) 3 percent shall be available for grants under section 1404(c).";
(3) striking paragraph (4) and inserting the following:
"(4) The Director may retain any portion of the Fund that was
deposited during a fiscal year that is in excess of 110 percent of the
total amount deposited in the Fund during the preceding fiscal year as
a reserve for use in a year in which the Fund falls below the amount
available in the previous year. Such reserve may not exceed $
20,000,000.''; and
(4) striking paragraph (5).
(b) Conforming Cross Reference. -Section 1402(g)(1) of the Victims of
Crime Act of 1984 (42 U.S.C. 10601(g)(1)) is amended by striking
"(d)(2)(D)" and inserting "(d)(2)".
SEC. 230202. RELATIONSHIP OF CRIME VICTIM COMPENSATION TO CERTAIN
FEDERAL PROGRAMS.
Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is
amended by adding at the end the following new subsection:
"(e) Notwithstanding any other law, if the compensation paid by an
eligible crime victim compensation program would cover costs that a
Federal program, or a federally financed State or local program, would
otherwise pay,-
"(1) such crime victim compensation program shall not pay that
compensation; and
"(2) the other program shall make its payments without regard to the
existence of the crime victim compensation program.".
SEC. 230203. ADMINISTRATIVE COSTS FOR CRIME VICTIM COMPENSATION.
(a) Creation of Exception .-The final sentence of section 1403(a)(1)
of the Victims of Crime Act of 1984 (42 U.S.C. 10602(a)(1)) is amended
by striking "A grant" and inserting "Except as provided in paragraph
(3), a grant".
(b) Requirements of Exception .-Section 1403(a) of the Victims of
Crime Act of 1984 (42 U.S.C. 10602(a)) is amended by adding at the end
the following new paragraph:
"(3) Not more than 5 percent of a grant made under this section may be
used for the administration of the State crime victim compensation
program receiving the grant.".
SEC. 230204. GRANTS FOR DEMONSTRATION PROJECTS.
Section 1404(c)(1)(A) of the Victims of Crime Act of 1984 (42 U.S.C.
10603(c)(1)(A)) is amended by inserting "demonstration projects and"
before "training".
SEC. 230205. ADMINISTRATIVE COSTS FOR CRIME VICTIM ASSISTANCE.
(a) Creation of Exception .-Section 1404(b)(2) of the Victims of Crime
Act of 1984 (42 U.S.C. 10603(b)(2)) is amended by striking "An
eligible" and inserting "Except as provided in paragraph (3), an
eligible".
(b) Requirements of Exception .-Section 1404(b) of the Victims of
Crime Act of 1984 (42 U.S.C. 10603(b)) is amended by adding at the end
the following new subsection:
"(3) Not more than 5 percent of sums received under subsection (a) may
be used for the administration of the State crime victim assistance
program receiving such sums.".
SEC. 230206. MAINTENANCE OF EFFORT.
Section 1407 of the Victims of Crime Act of 1984 (42 U.S.C. 10604) is
amended by adding at the end the following new subsection:
"(h) Each entity receiving sums made available under this Act for
administrative purposes shall certify that such sums will not be used
to supplant State or local funds, but will be used to increase the
amount of such funds that would, in the absence of Federal funds, be
made available for these purposes.".
SEC. 230207. CHANGE OF DUE DATE FOR REQUIRED REPORT.
Section 1407(g) of the Victims of Crime Act of 1984 (42 U.S.C.
10604(g)) is amended by striking "and on December 31 every two years
thereafter", and inserting "and on June 30 every two years
thereafter".
SEC. 230208. AMENDMENT OF THE VICTIMS OF CRIME ACT.
Section 1404(a)(5)(B) of the Victims of Crime Act of 1984 (42 U.S.C.
10603(a)(5)(B)) is amended to read as follows:
"(B) $ 200,000 thereafter.".