Homicide Victims' Families' Rights Act of 2021
This bill establishes a framework for immediate family members of a victim of murder under federal law to request a review of the victim's case file if the murder was committed more than three years prior, the murder was investigated by a federal law enforcement entity, all probative investigative leads have been exhausted, and no likely perpetrator has been identified.
[117th Congress Public Law 164]
[From the U.S. Government Publishing Office]
[[Page 1357]]
HOMICIDE VICTIMS' FAMILIES' RIGHTS ACT OF 2021
[[Page 136 STAT. 1358]]
Public Law 117-164
117th Congress
An Act
To provide for a system for reviewing the case files of cold case
murders at the instance of certain persons, and for other
purposes. <<NOTE: Aug. 3, 2022 - [H.R. 3359]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Homicide
Victims' Families' Rights Act of 2021.>>
SECTION 1. <<NOTE: 34 USC 10101 note.>> SHORT TITLE.
This Act may be cited as the ``Homicide Victims' Families' Rights
Act of 2021''.
SEC. 2. <<NOTE: 34 USC 60901.>> CASE FILE REVIEW.
(a) <<NOTE: Determination.>> In General.--The head of an agency
shall review the case file regarding a cold case murder upon written
application by one designated person to determine if a full
reinvestigation would result in either the identification of probative
investigative leads or a likely perpetrator.
(b) Review.--The review under subsection (a) shall include--
(1) <<NOTE: Analysis.>> an analysis of what investigative
steps or follow-up steps may have been missed in the initial
investigation;
(2) <<NOTE: Assessment.>> an assessment of whether
witnesses should be interviewed or reinterviewed;
(3) <<NOTE: Examination.>> an examination of physical
evidence to see if all appropriate forensic testing and analysis
was performed in the first instance or if additional testing
might produce information relevant to the investigation; and
(4) <<NOTE: Update.>> an update of the case file using the
most current investigative standards as of the date of the
review to the extent it would help develop probative leads.
(c) Certification in Lieu of Review.--In any case in which a written
application for review has been received under this Act by the agency,
review shall be unnecessary where the case does not satisfy the criteria
for a cold case murder. <<NOTE: Records.>> In such a case, the head of
the agency shall issue a written certification, with a copy provided to
the designated person that made the application under subsection (a),
stating that final review is not necessary because all probative
investigative leads have been exhausted or that a likely perpetrator
will not be identified.
(d) Reviewer.--A review required under subsection (a) shall not be
conducted by a person who previously investigated the murder at issue.
(e) Acknowledgment.--The agency shall provide in writing to the
applicant as soon as reasonably possible--
(1) confirmation of the agency's receipt of the application
under subsection (a); and
(2) <<NOTE: Notice.>> notice of the applicant's rights
under this Act.
[[Page 136 STAT. 1359]]
(f) Prohibition on Multiple Concurrent Reviews.--Only one case
review shall be undertaken at any one time with respect to the same cold
case murder victim.
(g) <<NOTE: Deadline.>> Time Limit.--Not later than 6 months after
the receipt of the written application submitted pursuant to subsection
(a), the agency shall conclude its case file review and reach a
conclusion about whether or not a full reinvestigation under section 4
is warranted.
(h) Extensions.--
(1) <<NOTE: Time period.>> In general.--The agency may
extend the time limit under subsection (g) once for a period of
time not to exceed 6 months if the agency makes a finding that
the number of case files to be reviewed make it impracticable to
comply with such limit without unreasonably taking resources
from other law enforcement activities.
(2) <<NOTE: Notice.>> Actions subsequent to waiver.--For
cases for which the time limit in subsection (g) is extended,
the agency shall provide notice and an explanation of its
reasoning to one designated person who filed the written
application pursuant to this section.
SEC. 3. <<NOTE: 34 USC 60902.>> APPLICATION.
Each agency shall develop a written application to be used for
designated persons to request a case file review under section 2.
SEC. 4. <<NOTE: 34 USC 60903.>> FULL REINVESTIGATION.
(a) In General.--The agency shall conduct a full reinvestigation of
the cold case murder at issue if the review of the case file required by
section 2 concludes that a full reinvestigation of such cold case murder
would result in probative investigative leads.
(b) <<NOTE: Analyses.>> Reinvestigation.--A full reinvestigation
shall include analyzing all evidence regarding the cold case murder at
issue for the purpose of developing probative investigative leads or a
likely perpetrator.
(c) Reviewer.--A reinvestigation required under subsection (a) shall
not be conducted by a person who previously investigated the murder at
issue.
(d) Prohibition on Multiple Concurrent Reviews.--Only one full
reinvestigation shall be undertaken at any one time with respect to the
same cold case murder victim.
SEC. 5. <<NOTE: 34 USC 60904.>> CONSULTATION AND UPDATES.
(a) In General.--The agency shall consult with the designated person
who filed the written application pursuant to section 2 and provide him
or her with periodic updates during the case file review and full
reinvestigation.
(b) Explanation of Conclusion.--The agency shall meet with the
designated person and discuss the evidence to explain to the designated
person who filed the written application pursuant to section 2 its
decision whether or not to engage in the full reinvestigation provided
for under section 4 at the conclusion of the case file review.
SEC. 6. <<NOTE: Time periods. 34 USC 60905.>> SUBSEQUENT REVIEWS.
(a) Case File Review.--If a review under subsection (a) case file
regarding a cold case murder is conducted and a conclusion is reached
not to conduct a full reinvestigation, no additional case
[[Page 136 STAT. 1360]]
file review shall be required to be undertaken under this Act with
respect to that cold case murder for a period of five years, unless
there is newly discovered, materially significant evidence. An agency
may continue an investigation absent a designated person's application.
(b) Full Reinvestigation.--If a full reinvestigation of a cold case
murder is completed and a suspect is not identified at its conclusion,
no additional case file review or full reinvestigation shall be
undertaken with regard to that cold case murder for a period of five
years beginning on the date of the conclusion of the reinvestigation,
unless there is newly discovered, materially significant evidence.
SEC. 7. <<NOTE: 34 USC 60906.>> DATA COLLECTION.
(a) <<NOTE: Effective date. Publication.>> In General.--Beginning
on the date that is three years after the date of enactment of this Act,
and annually thereafter, the Director of the National Institute of
Justice shall publish statistics on the number of cold case murders.
(b) Manner of Publication.--The statistics published pursuant to
subsection (a) shall, at a minimum, be disaggregated by the
circumstances of the cold case murder, including the classification of
the offense, and by agency.
SEC. 8. <<NOTE: 34 USC 60907.>> PROCEDURES TO PROMOTE COMPLIANCE.
(a) <<NOTE: Deadline.>> Regulations.--Not later than one year after
the date of enactment of this Act, the head of each agency shall
promulgate regulations to enforce the right of a designated person to
request a review under this Act and to ensure compliance by the agency
with the obligations described in this Act.
(b) Procedures.--The regulations promulgated under subsection (a)
shall--
(1) <<NOTE: Designation.>> designate an administrative
authority within the agency to receive and investigate
complaints relating to a review initiated under section 2 or a
reinvestigation initiated under section 4;
(2) <<NOTE: Requirement.>> require a course of training for
appropriate employees and officers within the agency regarding
the procedures, responsibilities, and obligations required under
this Act;
(3) contain disciplinary sanctions, which may include
suspension or termination from employment, for employees of the
agency who are shown to have willfully or wantonly failed to
comply with this Act;
(4) provide a procedure for the resolution of complaints
filed by the designated person concerning the agency's handling
of a cold case murder investigation or the case file evaluation;
and
(5) provide that the head of the agency, or the designee
thereof, shall be the final arbiter of the complaint, and that
there shall be no judicial review of the final decision of the
head of the agency by a complainant.
SEC. 9. <<NOTE: 34 USC 60908.>> WITHHOLDING INFORMATION.
Nothing in this Act shall require an agency to provide information
that would endanger the safety of any person, unreasonably impede an
ongoing investigation, violate a court order, or violate legal
obligations regarding privacy.
[[Page 136 STAT. 1361]]
SEC. 10. <<NOTE: 34 USC 60909.>> MULTIPLE AGENCIES.
<<NOTE: Coordination.>> In the case that more than one agency
conducted the initial investigation of a cold case murder, each agency
shall coordinate their case file review or full reinvestigation such
that there is only one joint case file review or full reinvestigation
occurring at a time in compliance with section 2(f) or 4(d), as
applicable.
SEC. 11. <<NOTE: 34 USC 60910.>> APPLICABILITY.
This Act applies in the case of any cold case murder occurring on or
after January 1, 1970.
SEC. 12. <<NOTE: 34 USC 60911.>> DEFINITIONS.
In this Act:
(1) The term ``designated person'' means an immediate family
member or someone similarly situated, as defined by the Attorney
General.
(2) The term ``immediate family member'' means a parent,
parent-in-law, grandparent, grandparent-in-law, sibling, spouse,
child, or step-child of a murder victim.
(3) The term ``victim'' means a natural person who died as a
result of a cold case murder.
(4) The term ``murder'' means any criminal offense under
section 1111(a) of title 18, United States Code, or any offense
the elements of which are substantially identical to such
section.
(5) The term ``agency'' means a Federal law enforcement
entity with jurisdiction to engage in the detection,
investigation, or prosecution of a cold case murder.
(6) The term ``cold case murder'' means a murder--
(A) committed more than three years prior to the
date of an application by a designated person under
section 2(a);
(B) previously investigated by a Federal law
enforcement entity;
(C) for which all probative investigative leads have
been exhausted; and
(D) for which no likely perpetrator has been
identified.
SEC. 13. <<NOTE: 34 USC 60912.>> ANNUAL REPORT.
(a) In General.--Each agency shall submit an annual report to the
Committees on the Judiciary of the House of Representatives and of the
Senate describing actions taken and results achieved under this Act
during the previous year.
(b) Report Described.--The report described in subsection (a) shall
include--
(1) the number of written applications filed with the agency
pursuant to section 2(a);
(2) the number of extensions granted, and an explanation of
reasons provided under section 2(h);
(3) the number of full reinvestigations initiated and closed
pursuant to section 4; and
(4) <<NOTE: Data.>> statistics and individualized
information on topics that include identified suspects, arrests,
charges, and convictions
[[Page 136 STAT. 1362]]
for reviews under section 2 and reinvestigations under section
4.
Approved August 3, 2022.
LEGISLATIVE HISTORY--H.R. 3359:
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HOUSE REPORTS: No. 117-280 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 168 (2022):
Mar. 28, 29, considered and passed House.
July 25, considered and passed Senate.
<all>
Ms. Jackson Lee moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H3875-3880)
DEBATE - The House proceeded with forty minutes of debate on H.R. 3359.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H3952-3953)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 406 - 20 (Roll no. 88).(text: 3/28/2022 CR H3875-3876)
Roll Call #88 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 406 - 20 (Roll no. 88). (text: 3/28/2022 CR H3875-3876)
Roll Call #88 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Enacted as Public Law 117-164
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Senate Committee on the Judiciary discharged by Unanimous Consent.
Senate Committee on the Judiciary discharged by Unanimous Consent. (consideration: CR S3627)
Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.
Passed Senate without amendment by Unanimous Consent.
Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 117-164.
Became Public Law No: 117-164.