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H.R. 5768 — what changed

Violent Incident Clearance and Technological Investigative Methods Act of 2022

From Introduced in House to Reported in House. 3 sections amended between Introduced in House and Reported in House.

Section 1 Short title

changed This Act may be cited as the “Violent Incident Clearance and Technological Investigative Methods Act of 2021” 2022” or the “VICTIM Act of 2021”.2022”.

Sec. 2 Findings

Congress finds the following:

(1)
changed Research indicates that law enforcement agencies can impact increase clearance rates by improving investigative processes, detective effort, and organizational oversight and supervision of investigations.improving—
(A)
added investigative processes;
(B)
added detective capacities; and
(C)
added organizational oversight and supervision of investigations.
(2)
added When a law enforcement agency expends additional investigative effort, the law enforcement agency improves its success in gaining cooperation of key witnesses and increases the amount of forensic evidence collected.
(3)
added Effective investigation of shootings can prevent subsequent related violence by—
(A)
added deterring retaliation; and
(B)
added providing interventions to individuals who may continue to commit crimes or become victims of retaliatory violence.
(4)
renumbered was (4) Law enforcement agencies that demonstrate higher rates of clearance for homicides and non-fatal shootings—
(A)
renumbered was (4)(2) have more structured oversight and formal interactions between investigative units and agency leadership;
(B)
added are more likely to have investigative units that have collaborative relationships and robust information sharing with other units of the law enforcement agency;
(C)
added have investigative units that have specific goals and performance metrics for both the unit and for investigators within the unit;
(D)
added have investigators who more frequently respond to the initial crime scene shortly after crimes have been reported to collect evidence and interview witnesses;
(E)
added have investigators who either have specialized experience before joining investigative units or are trained in investigations once they join those units;
(F)
added often have standard operating procedures for investigations that establish policies and evidence-based best practices for conducting and completing homicide investigations; and
(G)
added have better relationships with the communities they serve, even if no specific community-oriented campaign or initiative exists between investigative units and community groups.
(5)
added Criminal justice agencies should collaborate with each other and share best practices for solving homicides and non-fatal shootings.
(6)
added A comprehensive community engagement strategy concerning gun violence is essential to improving clearance rates for homicides and non-fatal shootings.
(B)
removed are more likely to have investigative units that have good relationships with other units and that share information well with other units;
(C)
removed have investigative units that have specific goals and performance metrics for both the unit and for investigators within that unit; tend to assign most, if not all, serious crimes to an investigator, at least for preliminary review;
(D)
removed have investigators who more frequently respond to the initial crime scene shortly after crimes have been reported;
(E)
removed have investigators who either have (or are required to have) specialized experience before joining investigative units or are expected to be trained on specific skills once they join those units;
(F)
removed often have standard operating procedures for investigations, where cases are managed carefully and have requirements for completion;
(G)
removed tend to support their investigative units, both in terms of resources, as well as symbolically; and
(H)
removed have better relationships with their community, even if no specific community-oriented campaign or initiative exists between investigative units and community groups.
(3)
removed Criminal justice agencies should collaborate among each other and share best practices for solving homicides and non-fatal shootings.
(4)
removed A comprehensive community engagement strategy concerning gun violence is essential to improve clearance rates for homicides and non-fatal shootings.

Sec. 3 Grant program with respect to violent incident clearance and technological investigative methods

(a)
changed In general—Definitions— Not later than 180 days after the date of the enactment of this Act, the Attorney General shall establish a grant program (in In this Act referred to as the “Program”) within the Office of Justice Programs to establish, implement, and administer violent incident clearance and technological investigative methods.section:
(1)
added Clearance by arrest— The term clearance by arrest, with respect to an offense reported to a law enforcement agency, means the law enforcement agency—
(A)
added has—
(i)
added arrested not less than 1 person for the offense;
(ii)
added charged the person described in subparagraph (A) with the commission of the offense; and
(iii)
added referred the person described in subparagraph (A) for prosecution for the offense; or
(B)
added has cited an individual under the age of 18 to appear in juvenile court or before another juvenile authority with respect to the offense, regardless of whether a physical arrest occurred.
(2)
added Clearance by exception— The term clearance by exception, with respect to an offense reported to a law enforcement agency, means the law enforcement agency—
(A)
added has identified not less than 1 person suspected of the offense; and
(B)
added with respect to the suspect described in subparagraph (A), has—
(i)
added gathered enough evidence to—
(I)
added support an arrest of the suspect;
(II)
added make a charge against the suspect; and
(III)
added refer the suspect for prosecution;
(ii)
added identified the exact location of the suspect so that the suspect could be taken into custody immediately; and
(iii)
added encountered a circumstance outside the control of the law enforcement agency that prohibits the agency from arresting the suspect, charging the suspect, or referring the suspect for prosecution, including—
(I)
added the death of the suspect;
(II)
added the refusal of the victim to cooperate with the prosecution after the suspect has been identified; or
(III)
added the denial of extradition because the suspect committed an offense in another jurisdiction and is being prosecuted for that offense.
(3)
added Clearance rate— The term clearance rate, with respect to a law enforcement agency, means—
(A)
added the number of offenses cleared by the law enforcement agency, including through clearance by arrest and clearance by exception, divided by
(B)
added the total number of offenses reported to the law enforcement agency.
(4)
added Eligible entity— The term eligible entity means a State, Tribal, or local law enforcement agency or prosecuting office, or a group of Tribal law enforcement agencies or Tribal prosecuting offices.
(5)
added Grant recipient— The term grant recipient means a recipient of a grant under the Program.
(6)
added Law enforcement agency— The term law enforcement agency means a public agency charged with policing functions, including any component bureau of the agency (such as a governmental victim services program or village public safety officer program), including an agency composed of officers or persons referred to in subparagraph (B) or (C) of section 2(10) of the Indian Law Enforcement Reform Act (25 U.S.C. 2801(10)).
(7)
added Program— The term Program means the grant program established under subsection (b)(1).
(b)
added Grant program—
(1)
added In general— Not later than 180 days after the date of enactment of this Act, the Attorney General shall establish a grant program within the Office of Justice Programs under which the Attorney General awards grants to eligible entities to establish, implement, and administer violent incident clearance and technological investigative methods.
(2)
added Applications— An eligible entity seeking a grant under the Program shall submit to the Attorney General an application at such time, in such manner, and containing or accompanied by—
(A)
added such information as the Attorney General may reasonably require; and
(B)
added a description of each eligible project under paragraph (4) that the grant will fund.
(3)
added Selection of grant recipients— The Attorney General, in selecting a recipient of a grant under the Program, shall consider the specific plan and activities proposed by the applicant to improve clearance rates for homicides, rapes, other aggravated felonies, and non-fatal shootings.
(4)
added Eligible projects— A grant recipient shall use the grant for activities with the specific objective of improving clearance rates for homicides, rapes, other aggravated felonies, and non-fatal shootings, including—
(A)
added ensuring the retention of detectives who are assigned to investigate homicides, rapes, other aggravated felonies, and non-fatal shootings as of the date of receipt of the grant;
(B)
added hiring and training additional detectives who will be dedicated to investigating homicides, rapes, other aggravated felonies, and non-fatal shootings;
(C)
added developing policies, procedures, and training to improve the ability of detectives to effectively investigate and solve homicides, rapes, other aggravated felonies, and non-fatal shootings, including implementing best practices relating to—
(i)
added improving internal agency cooperation, organizational oversight and accountability, and supervision of investigations;
(ii)
added developing specific goals and performance metrics for both investigators and investigative units;
(iii)
added establishing or improving relationships with the communities the agency serves; and
(iv)
added collaboration with and among other law enforcement agencies and criminal justice organizations;
(D)
added training personnel to address the needs of victims and family members of victims of homicides, rapes, other aggravated felonies, and non-fatal shootings or collaborating with trained victim advocates and specialists to better meet victims’ needs;
(E)
added acquiring, upgrading, or replacing investigative, evidence processing, or forensic testing technology or equipment;
(F)
added development and implementation of policies that safeguard civil rights and civil liberties during the collection, processing, and forensic testing of evidence;
(G)
added hiring or training personnel for collection, processing, and forensic testing of evidence;
(H)
added hiring and training of personnel to analyze violent crime and the temporal and geographic trends among homicides, rapes, other aggravated felonies, and shootings;
(I)
added retaining experts to conduct a detailed analysis of homicides, rapes, other aggravated felonies, and shootings using Gun Violence Problem Analysis (commonly known as “GVPA”) or a similar research methodology;
(J)
added ensuring victims have appropriate access to emergency food, housing, clothing, travel, and transportation;
(K)
added developing competitive and evidence-based programs to improve homicide and non-fatal shooting clearance rates;
(L)
added developing best practices for improving access to and acceptance of victim services, including victim services that promote medical and psychological wellness, ongoing counseling, legal advice, and financial compensation;
(M)
added training investigators and detectives in trauma-informed interview techniques;
(N)
added establishing programs to support officers who experience stress or trauma as a result of responding to or investigating shootings or other violent crime incidents; or
(O)
added ensuring language and disability access supports are provided to victims, survivors, and their families so that victims can exercise their rights and participate in the criminal justice process.
(c)
added Federal share—
(1)
added In general— The Federal share of the cost of a project assisted with a grant under the Program shall not exceed—
(A)
added 100 percent if the grant is awarded on or before December 31, 2032; or
(B)
added subject to paragraph (2), 50 percent if the grant is awarded after December 31, 2032.
(2)
added Waiver— With respect to a grant awarded under the Program after December 31, 2032, the Attorney General may determine that the Federal share of the cost of a project assisted with the grant shall not exceed 100 percent.
(b)
removed Grant authority— In carrying out the Program, the Attorney General may award a grant to an eligible recipient that submits an application for the Program.
(c)
removed Eligible recipient— Grants awarded under the Program shall be awarded to a State, Tribal, or local law enforcement agency or prosecuting office, or a group of agencies or offices, and may be used for an eligible project under subsection (e).
(d)
changed Applications—Report by grant recipient— A law enforcement agency applying to receive Not later than 1 year after receiving a grant under the Program Program, and each year thereafter, a grant recipient shall submit to the Attorney General an application at such time, in such manner, and containing or accompanied by such information as a report on the Attorney General may reasonably require.activities carried out using the grant, including, if applicable—
(1)
added the number of homicide and non-fatal shooting detectives hired by the grant recipient;
(2)
added the number of evidence processing personnel hired by the grant recipient;
(3)
added a description of any training that is—
(A)
added provided to existing (as of the date on which the grant was awarded) or newly hired homicide and non-fatal shooting detectives; and
(B)
added designed to assist in the solving of crimes and improve clearance rates;
(4)
added any new evidence processing technology or equipment purchased or any upgrades made to existing (as of the date on which the grant was awarded) evidence technology or equipment, and the associated cost;
(5)
added any assessments of evidence processing technology or equipment purchased with grant funds to determine whether such technology or equipment satisfies the objectives of the use of the technology or equipment in increasing clearance rates, and any policies in place to govern the use of the technology or equipment;
(6)
added the internal policies and oversight used to ensure that any technology purchased through the grant for the purposes of improving clearance rates does not violate the civil rights and civil liberties of individuals;
(7)
added data regarding clearance rates for homicides, rapes, other aggravated felonies, and non-fatal shootings, including the rate of clearances by arrest and clearances by exception, and crime trends from within each jurisdiction in which the grant recipient carried out activities supported by the grant;
(8)
added whether the grant recipient has provided grant funds to any victim services organizations, and if so, which organizations;
(9)
added the demographic information for victims of homicides, rapes, other aggravated felonies, and non-fatal shootings, and the length and outcomes of each investigation, including whether the investigation was cleared by arrest or exception;
(10)
added the demographic information for each victim or family member of a victim who received victim-related services provided by the grant recipient; and
(11)
added identification of the services most used by victims and their families and identification of additional services needed.
(e)
added National institute of justice evaluation and report to congress—
(1)
added Evaluation— Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Director of the National Institute of Justice shall conduct an evaluation of—
(A)
added the practices deployed by grant recipients to identify policies and procedures that have successfully improved clearance rates for homicides, rapes, other aggravated felonies, and non-fatal shootings; and
(B)
added the efficacy of any services provided to victims and family members of victims of homicides, rapes, other aggravated felonies, and non-fatal shootings.
(e)
removed Eligible projects— Grant funds awarded under the Program shall be used to improve clearance rates for homicides and non-fatal shootings by—
(2)
changed Report to Congress— ensuring Not later than 30 days after completion of an evaluation by the retention National Institute of detectives currently assigned Justice under paragraph (1), the Attorney General shall submit to investigate homicides and non-fatal shootings;Congress a report including—
(A)
added the results of the evaluation; and
(B)
added information reported by each grant recipient under subsection (d).
(f)
added Authorization of appropriations—
(1)
added In general— There are authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2023 through 2032.
(2)
added Percent for certain eligible entities— The Attorney General shall use 10 percent of the amount made available under paragraph (1) for a fiscal year to award grants under the Program to Tribal law enforcement agencies or prosecuting offices, or groups of such agencies or offices.
(2)
removed hiring additional detectives to investigate homicides and non-fatal shootings;
(3)
removed training detectives in policies and procedures determined to improve detectives’ ability to effectively investigate and solve homicides and non-fatal shootings;
(4)
removed training police personnel to address the needs of victims and family members from homicides and non-fatal shootings;
(5)
removed hiring additional patrol officers to replace officers who have been transferred to detective;
(6)
removed acquiring, upgrading, or replacing investigative or evidence processing technology or equipment;
(7)
removed hiring additional evidence processing personnel;
(8)
removed ensuring personnel responsible for evidence processing have sufficient resources and training;
(9)
removed hiring and training of personnel to analyze violent crime, specifically with regards to the use of intelligence information of criminal networks and the potential for retaliation among gangs or groups, and the geographic trends among homicides and shootings;
(10)
removed ensuring victim services and personnel are sufficiently funded, staffed, and trained;
(11)
removed ensuring victims and family members of homicides and non-fatal shootings have access to resources, including—
(A)
removed convenient mental health treatment and grief counseling;
(B)
removed funeral and burial expenses;
(C)
removed relocation expenses;
(D)
removed emergency shelter;
(E)
removed emergency transportation; and
(F)
removed lost wage assistance;
(12)
removed developing competitive and evidence-based programs to improve homicide and non-fatal shooting clearance rates; or
(13)
removed developing best practices for improving access to and acceptance of victim services, including those that promote medical and psychological wellness, ongoing counseling, legal advice, and financial compensation.
(f)
removed Federal share— The Federal share of the cost of a project assisted with a grant under the Program shall not exceed 100 percent if the grant is awarded on or before the date of December 31, 2032. The Federal share of the cost of a project assisted with a grant under the Program shall not exceed 50 percent if such grant is awarded after December 31, 2032.
(g)
removed Report by eligible recipient— Not later than 365 days after receiving a grant under the Program, an eligible recipient shall submit to the Attorney General a report on the Program, including—
(1)
removed the number of homicide and non-fatal shooting detectives hired by the grantee;
(2)
removed the number of evidence processing personnel hired by the grantee;
(3)
removed any training provided to existing or newly hired homicide and non-fatal shooting detectives designed to assist in the solving of crimes and improve clearance rates;
(4)
removed any new evidence processing technology or equipment or any upgrades to existing evidence technology or equipment;
(5)
removed any training provided to evidence processing personnel to improve outcomes and capacity; and
(6)
removed data regarding clearance rates for homicides and non-fatal shootings and crime trends from within each jurisdiction in which grant funds were provided.
(h)
removed National institute of justice evaluation and report to Congress—
(1)
removed Evaluation— Not later than two years after the date of the enactment of this Act, and every two years thereafter, the National Institute of Justice shall conduct an evaluation of the practices deployed by grant recipients to identify policies and procedures that have successfully improved clearance rates for homicides and non-fatal shootings.
(2)
removed Report to Congress— Not later than 30 days after completion of the evaluation under paragraph (1), the Attorney General shall submit to Congress a report including—
(A)
removed the results of the evaluation conducted by the National Institute of Justice; and
(B)
removed information reported by each eligible entity under subsection (i).
(i)
removed Authorization of appropriations—
(1)
removed In general— There are authorized to be appropriated to carry out this Program $100,000,000 for each of fiscal years 2023 through 2032.
(2)
removed Percent for certain eligible recipients— 10 percent of each appropriation made under paragraph (1) shall be awarded to a Tribal law enforcement agency or prosecuting office, or a group of such agencies or offices.
(j)
removed Law enforcement agency defined— In this section, the term “law enforcement agency” means a public agency charged with policing functions, including any of its component bureaus (such as governmental victim services programs or Village Public Safety Officers), including those referred to in subparagraphs (B) and (C) of section 2(10) of the Indian Law Enforcement Reform Act (25 U.S.C. 2801(10)(B)(C)), as amended by section 203(b) of the Indian Arts and Crafts Amendments (Public Law 111–211).