The Senate voted overwhelmingly yesterday to pass a bill that guarantees victims of federal crimes the right to be involved in trials and parole hearings in their case and to be notified of the criminal’s release.
The Crime Victims’ Rights Act entitles victims of any federal crimes to eight specific rights and authorizes $43 million for the Justice Department to encourage state courts to do the same. The bill sailed through the Senate, 96-1, and is headed to the House.
Timing of the bill wasn’t a coincidence, because President Bush declared April 18 to 24 National Crime Victims’ Rights Week. Mr. Bush has indicated that he will sign the legislation.
“This bill is a giant step forward in our effort to protect crime victims’ rights,” said Sen. Jon Kyl, Arizona Republican. “It will help level the playing field for crime victims by finally giving them a voice in proceedings that so directly impact their lives.”
Mr. Kyl and Sen. Dianne Feinstein, California Democrat, first introduced a constitutional amendment to guarantee victims rights in federal and state courts. But that didn’t sit well with senators who favored a statutory approach.
“We probably could not get the 67 votes we needed for the constitutional amendment in this year, a [presidential] election year,” Mr. Kyl said.
Sen. Ernest F. Hollings, South Carolina Democrat, was the sole dissenter.
“The senator voted against the bill because he felt it would be burdensome to prosecutors and tie their hands,” Hollings spokeswoman Ilene Zeldin said.
Not voting were Democratic presidential candidate Sen. John Kerry of Massachusetts, who attended an Earth Day rally in Houston; Sen. Arlen Specter, Pennsylvania Republican, who spent the day in meetings with veterans in his state; and Sen. Ben Nighthorse Campbell, Colorado Republican.
As passed, the bill ensures that crime victims will be reasonably protected from the suspect; notified of any public proceedings involving the crime or of the criminal’s escape or release; and expands the victims’ right to full and timely restitution as provided by law.
It also establishes several grants, beginning in 2005, which include two $22 million awards over the next five years for witness-assistance programs in the U.S. Attorney’s Office, and enhancements to the victims’ notification system in the Office for Victims of Crime (OVC). The OVC also would receive $64.3 million over five years to staff and support the National Crime Victims Law Institute and other programs.
Mr. Kyl said House members are eager to pass the bill and get it to the president’s desk.
This week marks the 20th anniversary of the Victims of Crime Act of 1984, which granted victims of crimes and their family the right to watch court proceedings involving their case through closed-circuit televisions. But under the new bill, the victims also will no longer have to watch proceedings through closed-circuit television as they can no longer be barred from courtrooms and will be allowed to confer with the federal prosecutor in the case.
The 1984 act also created a victims’ fund, which assists states to ease victims through the process and is funded by fines, forfeited bail bonds, penalty fees, and special assessments collected by U.S. Attorney’s Offices, U.S. Courts, and the Bureau of Prisons.
“Victims had rights until about the mid-nineteenth century, 1850, when our modern adversary prosecutorial system was created,” Mrs. Feinstein said.
Sen. Orrin G. Hatch, Utah Republican, said every senator can recount a dozen stories of how a victim or his family members have been mistreated by the courts.
Under the new rule, victims who feel they have been treated unfairly will be able to apply for a writ of mandamus, or a ruling from a higher court, for immediate action.
“For eight years, we tried to pass a constitutional amendment and got it to the floor and saw we had problems, but now after the president signs this — and I know he will sign it — we will be able to gauge if other measures are needed to protect victims,” said Mr. Hatch, head of the Senate Judiciary Committee.
Mr. Kyl said he still would prefer a constitutional amendment guaranteeing victims’ rights in all courts — municipal, state and federal. He added until that time, he has comfort knowing that 33 states have written similar provisions into their state constitutions and “all 50 states have some form of statutory or court-based” measures to protect victims’ rights.
In other business, the Senate was unable to vote on a bill creating a trust fund for people suffering from asbestos-related illnesses. Republicans failed to get the 60 votes needed to override a Democratic filibuster and end all floor debate on the matter. The cloture vote failed, 50-47.
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