Unsolved Civil Rights Crime Act - Establishes an Unsolved Crimes Section in the Civil Rights Division of the Department of Justice. Requires the Chief of the Section to be responsible for investigating and prosecuting violations of criminal civil rights statutes in which the complaint alleges that such a violation occurred not later than December 31, 1969, and resulted in a death.
Requires the Chief to consult with state or local officials regarding the appropriate venue for a case where there has been a violation of a criminal civil rights statute that is also a violation of a state or local law.
Directs the Chief to refer cases to the Criminal Section of the Civil Rights Division if the Chief determines that the subject of the complaint has violated a criminal civil rights statute but the violation does not meet the requirements for the Unsolved Crimes Section.
Requires the Chief, annually, to determine the cases under his or her jurisdiction for which there is sufficient evidence to prosecute violations of criminal civil rights statutes.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1369 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1369
To establish an Unsolved Crimes Section in the Civil Rights Division of
the Department of Justice.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 1, 2005
Mr. Talent (for himself, Mr. Dodd, Mr. Alexander, Mrs. Clinton, Mr.
Cochran, Ms. Collins, Mr. Coleman, Mrs. Dole, Mr. DeWine, Mr. Graham,
Mr. Kerry, Mr. Kyl, Ms. Landrieu, Mr. Nelson of Florida, Mr. Lott, Mr.
Santorum, Mr. Schumer, Mr. Martinez, Mr. Sununu, Ms. Snowe, Mr. Smith,
and Mr. McConnell) introduced the following bill; which was read twice
and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish an Unsolved Crimes Section in the Civil Rights Division of
the Department of Justice.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unsolved Civil Rights Crime Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that all authorities with jurisdiction,
including the Federal Bureau of Investigation and other entities within
the Department of Justice, should--
(1) expeditiously investigate unsolved civil rights
murders, due to the amount of time that has passed since the
murders and the age of potential witnesses; and
(2) provide all the resources necessary to ensure timely
and thorough investigations in the cases involved.
SEC. 3. DEFINITIONS.
In this Act:
(1) Chief.--The term ``Chief'' means the Chief of the
Section.
(2) Criminal civil rights statutes.--The term ``criminal
civil rights statutes'' means--
(A) section 241 of title 18, United States Code
(relating to conspiracy against rights);
(B) section 242 of title 18, United States Code
(relating to deprivation of rights under color of law);
(C) section 245 of title 18, United States Code
(relating to federally protected activities);
(D) sections 1581 and 1584 of title 18, United
States Code (relating to involuntary servitude and
peonage);
(E) section 901 of the Fair Housing Act (42 U.S.C.
3631); and
(F) any other Federal law that--
(i) was in effect on or before December 31,
1969; and
(ii) the Criminal Section of the Civil
Rights Division of the Department of Justice
enforced, prior to the date of enactment of
this Act.
(3) Section.--The term ``Section'' (except when used as
part of the term ``Criminal Section'') means the Unsolved
Crimes Section established under section 4.
SEC. 4. ESTABLISHMENT OF SECTION.
(a) In General.--There is established in the Civil Rights Division
of the Department of Justice an Unsolved Crimes Section. The Section
shall be headed by a Chief of the Section.
(b) Responsibility.--
(1) In general.--Notwithstanding any other provision of
Federal law, the Chief shall be responsible for investigating
and prosecuting violations of criminal civil rights statutes,
in each case in which a complaint alleges that such a
violation--
(A) occurred not later than December 31, 1969; and
(B) resulted in a death.
(2) Coordination.--After investigating a complaint under
paragraph (1), if the Chief determines that an alleged practice
that is a violation of a criminal civil rights statute occurred
in a State, or political subdivision of a State, that has a
State or local law prohibiting the practice alleged and
establishing or authorizing a State or local official to grant
or seek relief from such practice or to institute criminal
proceedings with respect to the practice on receiving notice of
the practice, the Chief shall consult with the State or local
official regarding the appropriate venue for the case involved.
(3) Referral.--After investigating a complaint under
paragraph (1), the Chief shall refer the complaint to the
Criminal Section of the Civil Rights Division, if the Chief
determines that the subject of the complaint has violated a
criminal civil rights statute in the case involved but the
violation does not meet the requirements of subparagraph (A) or
(B) of paragraph (1).
(c) Study and Report.--
(1) Study.--The Chief shall annually conduct a study of the
cases under the jurisdiction of the Chief and, in conducting
the study, shall determine the cases--
(A) for which the Chief has sufficient evidence to
prosecute violations of criminal civil rights statutes;
and
(B) for which the Chief has insufficient evidence
to prosecute those violations.
(2) Report.--Not later than September 30 of 2006 and of
each subsequent year, the Chief shall prepare and submit to
Congress a report containing the results of the study conducted
under paragraph (1), including a description of the cases
described in paragraph (1)(B).
(d) Authorization of Appropriations.--
(1) Authorization.--There is authorized to be appropriated
to carry out this section $5,000,000 for fiscal year 2006 and
each subsequent fiscal year.
(2) Additional appropriations.--Any funds appropriated
under this subsection shall consist of additional
appropriations for the activities described in this section,
rather than funds made available through reductions in the
appropriations authorized for other enforcement activities of
the Department of Justice.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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