H.R. 3359 — what changed
Homicide Victims’ Families’ Rights Act of 2021
From Introduced in House to Reported in House. 11 sections amended and 1 removed between Introduced in House and Reported in House.
Sec. 2 Case File Review
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In general— An applicable The head of an agency shall review the case file regarding a cold case murder upon written application by a one designated person to determine if a full reinvestigation would result in either the identification of probative investigative leads.leads or a likely perpetrator.
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Review— The case file review under subsection (a) shall include—
an analysis of what investigative steps or follow-up steps may have been missed in the initial investigation;
an assessment of whether witnesses should be interviewed or reinterviewed;
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
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a modernization an update of the case file to bring it up to using the most current investigative standards as of the date of the review to the extent it would help develop probative leads.
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Reviewer—Certification in lieu of review— The person or persons doing the In any case in which a written application for review required has been received under this Act by subsection (a) the agency, review shall be unnecessary where the case does not have previously investigated satisfy the murder at issue.criteria for a cold case murder. 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.
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Acknowledgment—Reviewer— The applicable agency shall confirm in writing receipt of the request provided for A review required under subsection (a).(a) shall not be conducted by a person who previously investigated the murder at issue.
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Acknowledgment— The agency shall provide in writing to the applicant as soon as reasonably possible—
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confirmation of the agency’s receipt of the application under subsection (a); and
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notice of the applicant’s rights under this Act.
renumbered
was (6)
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.
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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.
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Extensions—
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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.
added
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.
removed
Time limit— No later than six months after the receipt of the written application submitted pursuant to subsection (a), the applicable agency shall conclude its case file review and reach a conclusion about whether or not a full reinvestigation under section 5 is warranted.
removed
Extensions—
removed
In general— The applicable agency may extend the limit in subsection (f) for periods of time not to exceed six months if said agency makes a finding that the number of case files to be reviewed make it impracticable to comply with said limit without unreasonably taking resources from other law enforcement activities.
removed
Actions Subsequent to Waiver— For cases for which the time limit in subsection (f) is extended, the applicable agency shall provide notice and an explanation of its reasoning to the designated person who filed the written application pursuant to this section.
Sec. 4 Full reinvestigation
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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.
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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.
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Reviewer— A reinvestigation required under subsection (a) shall not be conducted by a person who previously investigated the murder at issue.
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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.
removed
Each agency shall provide notice of the rights under this Act to designated persons as soon as is reasonable after being made aware of a murder.
Sec. 5 Consultation and updates
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In general— The applicable agency shall conduct a full reinvestigation of consult with the cold case murder at issue if designated person who filed the review of written application pursuant to section 2 and provide him or her with periodic updates during the case file required by section 2 concludes that a review and full reinvestigation of such cold case murder would result in would result in probative investigative leads.reinvestigation.
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Reinvestigation—Explanation of Conclusion— A full reinvestigation The agency shall include analyzing all meet with the designated person and discuss the evidence regarding to explain to the cold case murder at issue 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 purpose conclusion of developing probative investigative leads as to the perpetrator.case file review.
removed
Reviewer— The person or persons doing the full reinvestigation required by subsection (a) shall not have previously investigated the murder at issue, except for the case file review pursuant to section 2.
removed
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. 6 Subsequent reviews
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In general—Case file review— The applicable 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 If a review under subsection (a) case file review regarding a cold case murder is conducted and a conclusion is reached not to conduct a full reinvestigation.reinvestigation, no additional case 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.
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Explanation of Conclusion—Full Reinvestigation— The applicable agency shall meet with the designated person If a full reinvestigation of a cold case murder is completed and discuss the evidence to explain to the designated person who filed the written application pursuant to section 2 a suspect is not identified at its decision whether conclusion, no additional case file review or not to engage in the full reinvestigation provided shall be undertaken with regard to that cold case murder for under section 5 at a period of five years beginning on the date of the conclusion of the case file review.reinvestigation, unless there is newly discovered, materially significant evidence.
Sec. 7 Data collection
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Case file review—In general— If a case file review Beginning on the date that is done three years after the date of enactment of this Act, and a conclusion is reached not to conduct a full reinvestigation, no additional case file review annually thereafter, the Director of the National Institute of Justice shall be undertaken for a period publish statistics on the number of five years, unless there is newly discovered, materially significant evidence.cold case murders.
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Full Reinvestigation—Manner of Publication— If a full reinvestigation is done and a suspect is not identified The statistics published pursuant to subsection (a) shall, at its conclusion, no additional case file review or full reinvestigation shall be undertaken for a period minimum, be disaggregated by the circumstances of five years, unless there is newly discovered, materially significant new evidence.the cold case murder, including the classification of the offense, and by agency.
Sec. 8 Procedures to promote compliance
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In general—Regulations— Beginning three years Not later than one year after the date of enactment of this Act, the National Institute head of Justice each agency shall publish annually statistics on promulgate regulations to enforce the number right of cold cases.a designated person to request a review under this Act and to ensure compliance by the agency with the obligations described in this Act.
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Manner of Publication—Procedures— The statistics published pursuant to regulations promulgated under subsection (a) shall, at a minimum, be broken down by the type of crime and agency.shall—
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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;
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require a course of training for appropriate employees and officers within the agency regarding the procedures, responsibilities, and obligations required under this Act;
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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;
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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
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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 Withholding information
added 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.
removed
Regulations— Not later than one year after the date of enactment of this Act, the head of each Federal agency shall promulgate regulations to enforce the rights of designated persons and to ensure compliance by responsible officials with the obligations described in this Act.
removed
Procedures— The regulations promulgated under subsection (a) shall—
removed
designate an administrative authority within the agency to receive and investigate complaints relating to the provision or violation of the rights of designated persons;
removed
require a course of training for employees and offices of agencies within the agency regarding the rights under this Act;
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contain disciplinary sanctions, including suspension or termination from employment, for employees of the agency who willfully or wantonly fail to comply with this Act;
removed
establish a process for investigations into the conduct of those no longer employed by the Federal Government when a complaint is filed and a process for referrals of recommended sanctions with respect to such conduct to the appropriate State bar or other licensing body; and
removed
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. 10 Multiple agencies
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Nothing in this Act shall require an agency to provide information In the case that would endanger more than one agency conducted the safety initial investigation of any person, unreasonably impede an ongoing investigation, violate a court order, cold case murder, each agency shall coordinate their case file review or violate legal obligations regarding privacy.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 Applicability
added This Act applies in the case of any cold case murder occurring on or after January 1, 1970.
removed
In General— If there is more than one possible applicable agency, each applicable agency shall coordinate their case file review or full reinvestigation such that there is only one joint case file review or full reinvestigation occuring at a time in compliance with section 2(e) or 5(d) as applicable.
removed
Bias— If an immediate family member believes there was bias demonstrated in the handling of the initial case, any case file review, or any full reinvestigation by any of the possible applicable agencies, said family member may communicate that concern to the Attorney General. The Attorney General shall review the allegations made by the immediate family member to determine if, in the interest of justice, another agency should conduct the case file review or full reinvestigate, as applicable.
Sec. 12 Definitions
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This Act applies in the case of any murder occurring on or after January 1, 1970.In this Act:
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The term designated person means an immediate family member or someone similarly situated, as defined by the Attorney General.
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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.
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The term victim means a natural person who died as a result of a cold case murder.
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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.
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The term agency means a Federal law enforcement entity with jurisdiction to engage in the detection, investigation, or prosecution of a cold case murder.
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The term cold case murder means a murder—
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committed more than three years prior to the date of an application by a designated person under section 2(a);
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previously investigated by a Federal law enforcement entity;
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for which all probative investigative leads have been exhausted; and
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for which no likely perpetrator has been identified.
Sec. 13 Annual report
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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.
removed
In this Act:
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Report Described— The term designated person means an immediate family member or someone similarly situated as defined by the Department of Justice.report described in subsection (a) shall include—
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the number of written applications filed with the agency pursuant to section 2(a);
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the number of extensions granted, and an explanation of reasons provided under section 2(h);
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the number of full reinvestigations initiated and closed pursuant to section 4; and
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statistics and individualized information on topics that include identified suspects, arrests, charges, and convictions for reviews under section 2 and reinvestigations under section 4.
removed
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.
removed
The term victim means a natural person who died as a result of a murder.
removed
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.
removed
The term agency means a Federal law enforcement entity that is engaged in the detection, investigation, or prosecution of murder under Federal law.
removed
The term applicable agency means an agency that is investigating or had investigated the murder of a victim.
removed
The term cold case means a violent crime under Federal law committed more than three years prior, for which all probative investigative leads have been exhausted, and for which no likely perpetrator has been identified.
removed
The term cold case murder means a murder committed more than three years prior, for which all probative investigative leads have been exhausted, and for which no likely perpetrator has been identified.
Sec. 14 Annual report
removed
removed
In general— Each applicable agency shall submit an annual report to the Senate Committee on the Judiciary and the House Committee on the Judiciary describing actions taken and results achieved under this Act during such year.
removed
Report Described— The report described in the preceding subsection shall include the number of written applications filed pursuant to section 2, the number of extensions granted and an explanation of reasons provided under section 2(g), the number of full reinvestigations initiated and closed pursuant to section 5, the number of suspects identified, arrested, charged, and convicted for the cold case murder investigated under the Act.