Witness Protection Enhancement Act of 2007 - Amends the federal judicial code to establish in the U. S. Marshals Service a Short Term State Witness Protection Section to provide protection for witnesses in state and local trials involving homicide or other major violent crimes pursuant to cooperative agreements with state and local prosecutor's offices and the U.S. attorney for the District of Columbia.
Directs the Section to give priority in awarding grants and providing services to prosecutor's offices in states with an average of at least 100 murders per year or with a violent crime rate above the national average.
Authorizes: (1) the Attorney General to make grants to state and local prosecutors and to the U.S. attorney for the District of Columbia for providing such witness protection; and (2) each recipient to use the grant to provide witness protection or to credit the grant to the Section to cover the Section's costs of providing witness protection.
Amends the federal criminal code to specify that federal witness relocation and protection services extend to witnesses in cases involving criminal street gangs, serious drug offenses, and homicide.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3376 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 3376
To enhance witness protection.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 3, 2007
Mr. Arcuri introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To enhance witness protection.
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 ``Witness Protection Enhancement Act
of 2007''.
SEC. 2. SHORT-TERM STATE WITNESS PROTECTION SECTION.
(a) Establishment.--
(1) In general.--Chapter 37 of title 28, United States
Code, is amended by adding at the end the following:
``Sec. 570. Short-Term State Witness Protection Section
``(a) In General.--There is established in the United States
Marshals Service a Short-Term State Witness Protection Section which
shall provide protection for witnesses in State and local trials
involving homicide or other major violent crimes pursuant to
cooperative agreements with State and local criminal prosecutor's
offices and the United States attorney for the District of Columbia.
``(b) Eligibility.--
``(1) In general.--The Short-Term State Witness Protection
Section shall give priority in awarding grants and providing
services to--
``(A) criminal prosecutor's offices for States with
an average of not less than 100 murders per year; and
``(B) criminal prosecutor's offices for
jurisdictions that include a city, town, or township
with an average violent crime rate per 100,000
inhabitants that is above the national average.
``(2) Calculation.--The rate of murders and violent crime
under paragraph (1) shall be calculated using the latest
available crime statistics from the Federal Bureau of
Investigation during the 5-year period immediately preceding an
application for protection.''.
(2) Chapter analysis.--The chapter analysis for chapter 37
of title 28, United States Code, is amended by striking the
items relating to sections 570 through 576 and inserting the
following:
``570. Short-Term State Witness Protection Section.''.
(b) Grant Program.--
(1) Definitions.--In this subsection--
(A) the term ``eligible prosecutor's office'' means
a State or local criminal prosecutor's office or the
United States attorney for the District of Columbia;
and
(B) the term ``serious violent felony'' has the
same meaning as in section 3559(c)(2) of title 18,
United States Code.
(2) Grants authorized.--
(A) In general.--The Attorney General is authorized
to make grants to eligible prosecutor's offices for
purposes of identifying witnesses in need of protection
or providing short-term protection to witnesses in
trials involving homicide or serious violent felony.
(B) Allocation.--Each eligible prosecutor's office
receiving a grant under this subsection may--
(i) use the grant to identify witnesses in
need of protection or provide witness
protection (including tattoo removal services);
or
(ii) pursuant to a cooperative agreement
with the Short-Term State Witness Protection
Section of the United States Marshals Service,
credit the grant to the Short-Term State
Witness Protection Section to cover the costs
to the section of providing witness protection
on behalf of the eligible prosecutor's office.
(3) Application.--
(A) In general.--Each eligible prosecutor's office
desiring a grant under this subsection shall submit an
application to the Attorney General at such time, in
such manner, and accompanied by such information as the
Attorney General may reasonably require.
(B) Contents.--Each application submitted under
subparagraph (A) shall--
(i) describe the activities for which
assistance under this subsection is sought; and
(ii) provide such additional assurances as
the Attorney General determines to be essential
to ensure compliance with the requirements of
this subsection.
(4) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection $90,000,000 for
each of fiscal years 2008 through 2010.
SEC. 3. WITNESS PROTECTION SERVICES.
Section 3526 of title 18, United States Code (Cooperation of other
Federal agencies and State governments; reimbursement of expenses) is
amended by adding at the end the following:
``(c) In any case in which a State government requests the Attorney
General to provide temporary protection under section 3521(e) of this
title, the costs of providing temporary protection are not reimbursable
if the investigation or prosecution in any way relates to crimes of
violence committed by a criminal street gang, as defined under the laws
of the relevant State seeking assistance under this title.''.
SEC. 4. EXPANSION OF FEDERAL WITNESS RELOCATION AND PROTECTION PROGRAM.
Section 3521(a)(1) of title 18, United States Code, is amended by
inserting ``, criminal street gang, serious drug offense, homicide,''
after ``organized criminal activity''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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