119-hr5506

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5506 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 5506

 To strengthen the rights of crime victims, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 September 18, 2025

 Ms. Wasserman Schultz (for herself and Mr. Burchett) introduced the 
 following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

 A BILL

 To strengthen the rights of crime victims, and for other purposes.

 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 ``Courtney Wild Reinforcing Crime 
Victims' Rights Act''.

SEC. 2. CRIME VICTIMS' RIGHTS.

    (a) In General.--Chapter 237 of title 18, United States Code, is 
amended--

    (1) in 

section 3771--
        (A) in subsection

    (a) --
            (i) by striking ``A crime victim'' and 
 inserting ``Upon the suspected or alleged 
 commission of a Federal or District of Columbia 
 offense, a crime victim'';
            (ii) in paragraph

    (5) , by striking 
 ``Government in the case'' and inserting 
 ``Government, including the right to confer 
 about any agreement that could resolve the case 
 or investigation, plea bargain, plea offer or 
 agreement, pretrial diversion offer or 
 agreement, or voluntary dismissal is presented 
 to the court or is otherwise formally 
 executed'';
            (iii) by amending paragraph

    (9) to read as 
 follows:
 ``

    (9) The right to be informed in a timely manner of any 
 plea bargain, plea offer or agreement, deferred prosecution 
 agreement, or other agreement that resolves the case or 
 investigation, pretrial diversion agreement, or the referral of 
 a criminal investigation to another Federal, State, Tribal, or 
 local law enforcement entity.''; and
            (iv) in paragraph

    (10) , by striking 
 ``contact information for the Office of the 
 Victims' Rights Ombudsman of the Department of 
 Justice'' and inserting ``a crime victims' 
 rights card listing the rights described in 
 this subsection, contact information for the 
 Office of the Crime Victims' Rights Ombudsman 
 of the Department of Justice, and information 
 about sources of legal assistance (including 
 pro bono legal assistance) related to the 
 exercise of these rights, including that the 
 victim has the right to seek the advice of an 
 attorney with respect to these rights'';
        (B) in subsection

    (b)

    (1) , by inserting after the 
 first sentence the following: ``The court shall also 
 confirm that the Government has complied with its 
 obligation to accord the rights described in subsection

    (a) and may issue any reasonable orders to cure 
 noncompliance.'';
            (C) in subsection
            (c) --
            (i) by amending paragraph

    (1) to read as 
 follows:
 ``

    (1) Government.--
 ``
        (A) In general.--Officers and employees of the 
 Department of Justice and other departments and 
 agencies of the United States engaged in the detection, 
 investigation, or prosecution of crimes shall make 
 their best efforts to see that crime victims are 
 notified of, and accorded, the rights described in 
 subsection

    (a) .
 ``
        (B) Request for delay.--
 ``
            (i) Circumstances.--If charges pertaining 
 to the victim have not been publicly filed, and 
 the Government determines that according one or 
 more of the rights described in subsection

    (a) would threaten the safety of an individual, 
 interfere with an ongoing investigation or 
 prosecution, compromise national security, or 
 result in premature disclosure of material 
 nonpublic information, the Government may 
 request leave from the court to delay according 
 the right for the limited period of time 
 necessary to avoid the harm or until charges 
 are publicly filed, whichever comes first.
 ``
            (ii) Court procedure.--The court shall 
 review a submission made by the Government 
 along with its request, the court may grant 
 such request if it is supported by clear and 
 convincing evidence. The Court shall maintain a 
 record of the Government's request and its 
 ruling on the matter, which shall be provided 
 to the victim at the conclusion of the delay.
 ``
            (iii) Duration.--An order by a court 
 granting a request for a delay under this 
 subparagraph shall be for a period that does 
 not exceed 90 days, except that the Government 
 may, for good cause, apply for an extension of 
 the delay period. The granting of a delay under 
 this subparagraph shall not constitute grounds 
 for failing to ultimately accord a right to any 
 victim.
 ``
            (C) Court-ordered remedies.--If a court finds 
 that the Government failed to comply with subparagraph
        (A) , it may order an appropriate remedy under the 
 circumstances, as set forth in subsection
            (d) .
 ``
            (D) Pro bono legal representation for victims.--
 To the extent practicable, and consistent with 
 applicable ethical standards and rules of professional 
 conduct, the Government shall provide to the crime 
 victim general information on how to seek available pro 
 bono legal representation for the purpose of asserting 
 the rights under this section.''; and
            (ii) by amending paragraph

    (2) to read as 
 follows:
 ``

    (2) Advice of attorney.--Officers and employees of the 
 Department of Justice and other departments and agencies of the 
 United States engaged in the detection, investigation, or 
 prosecution of the alleged crime shall inform the crime victim 
 in writing that the crime victim can seek the advice of an 
 attorney with respect to the rights described in subsection

    (a) .''.
            (D) in subsection
            (d) --
            (i) by amending paragraph

    (1) to read as 
 follows:
 ``

    (1) Rights.--
 ``
        (A) In general.--The crime victim or the crime 
 victim's lawful representative, and the attorney for 
 the Government may assert the rights described in 
 subsection

    (a) . A person accused of the crime may not 
 obtain any form of relief under this chapter.
 ``
        (B) Representation by victim's attorney.--
 ``
            (i) In general.--An attorney may enter an 
 appearance of behalf of a crime victim or crime 
 victim's lawful representative in the district 
 court in which a defendant is being or has been 
 prosecuted for a crime in the same manner as 
 any other party to the proceedings, or if no 
 prosecution is underway, in the district court 
 for the district in which the crime occurred.
 ``
            (ii) Requirements of parties.--Each party 
 to the proceeding shall serve the attorney for 
 the victim with a copy of each pleading that 
 relates to the crime victim's rights under 
 subsection

    (a) .
 ``
            (iii) Requirements of the clerk of the 
 court.--The clerk of the court shall provide to 
 the attorney a copy of any court order related 
 to such rights and notify the attorney of any 
 hearing that may affect such rights.
 ``
            (iv) Requirements of the court.--The 
 court shall--
 ``
            (I) provide the crime victim's 
 attorney or lawful representative 
 access to all case records in the 
 action; and
 ``
            (II) serve the crime victim's 
 attorney or lawful representative with 
 any filings that are directly relevant 
 to or implicate the crime victim's 
 rights described in subsection

    (a) .'';
            (ii) in paragraph

    (2) , by inserting after 
 the period at the end the following: ``The 
 procedure fashioned by the court under this 
 paragraph shall have no effect on the duty of 
 officers and employees of the Government to 
 make their best efforts to accord crime victims 
 the rights described in subsection

    (a) .'';
            (iii) by amending paragraph

    (3) to read as 
 follows:
 ``

    (3) Motion for relief and writ of mandamus.--
 ``
        (A) Motion for relief.--The rights described in 
 subsection

    (a) shall be asserted in the district court 
 in which a defendant is being prosecuted or has been 
 prosecuted for the crime. If no prosecution is underway 
 at the time of the motion for relief, the rights 
 described in subsection

    (a) shall be asserted in the 
 district court in the district in which the crime is 
 alleged to have occurred. The motion may be filed in an 
 existing criminal case or, if no complaint, 
 information, or indictment has been filed at that time, 
 by a separate rights enforcement action.
 ``
        (B) Review of motion for relief.--
 ``
            (i) In general.--The district court shall 
 take up and decide any motion or separate 
 rights enforcement action asserting a victim's 
 right forthwith.
 ``
            (ii) Additional information.--If the 
 district court determines that additional 
 information is relevant to the movant's 
 assertion of the right, the Government shall 
 promptly provide all such additional 
 information to the court and movant. The court 
 may, for good cause, allow the Government to 
 provide a substantive summary of such 
 information instead of providing the 
 information itself. Upon the Government's 
 request, the court shall enter an appropriate 
 protective order governing dissemination and 
 use of any information or substantive summary 
 provided under this clause.
 ``
            (iii) Written opinion required for denial 
 of relief.--If the district court denies the 
 relief sought by the movant, the court shall 
 enter a written opinion, which clearly states 
 the reasons for the denial.
 ``
            (C) Writ of mandamus.--If the court denies a 
 motion described in subparagraph
        (A) , the movant may 
 petition the court of appeals for a writ of mandamus. 
 The court of appeals may issue the writ on the order of 
 a single judge pursuant to circuit rule or the Federal 
 Rules of Appellate Procedure. The court of appeals 
 shall take up and decide such application forthwith 
 within 72 hours after the petition has been filed, 
 unless the litigants, with notice to the court, have 
 agreed to a longer time period for consideration. In 
 deciding such application, the court of appeals shall 
 determine the merits of the application and, in making 
 such determination, shall apply ordinary standards of 
 appellate review to any procedural or substantive 
 issues. If the court of appeals denies the relief 
 sought, the reasons for the denial shall be clearly 
 stated on the record in a written order or opinion.'';
            (iv) by amending paragraph

    (5) to read as 
 follows:
 ``

    (5) Re-opening proceedings.--
 ``
        (A) In general.--In no case shall a failure to 
 afford a right under this chapter provide grounds for a 
 new trial.
 ``
        (B) Victims who received timely notice.--A victim 
 who received timely notice of the relevant proceedings 
 may make a motion or file a separate enforcement action 
 to reopen a plea or sentence only if--
 ``
            (i) the victim has asserted the right to 
 be heard before or during the proceeding at 
 issue and such right was denied;
 ``
            (ii) the victim petitions the court of 
 appeals for a writ of mandamus in a timely 
 manner; and
 ``
            (iii) in the case of a plea, the accused 
 has not pleaded guilty to the highest offense 
 charged, and in the case of a sentencing, the 
 accused has not been sentenced to the statutory 
 maximum.
 ``
            (C) Victims who did not receive timely notice.--A 
 victim who did not receive timely notice of the 
 relevant proceedings may make a motion or file a 
 separate enforcement action to reopen a plea or 
 sentence, only if--
 ``
            (i) the victim makes such a motion or 
 files such a separate enforcement action in a 
 timely manner; and
 ``
            (ii) in the case of a plea, the accused 
 has not pleaded guilty to the highest offense 
 charged, and in the case of a sentencing, the 
 accused has not been sentenced to the statutory 
 maximum.'';
            (v) by redesignating paragraph

    (6) as 
 paragraph

    (9) ; and
            (vi) by inserting after paragraph

    (5) the 
 following:
 ``

    (6) Motion to annul deferred prosecution and 
 nonprosecution agreements.--A crime victim may make a motion 
 requesting that the Government seek to annul a deferred 
 prosecution agreement or nonprosecution agreement by filing a 
 motion with the court in writing asserting that they were not 
 accorded the reasonable right to confer in subsection

    (a)

    (5) . 
 Upon a finding by the court that the victim's right under 
 subsection

    (a)

    (5) was violated, the Court shall hold a hearing 
 to evaluate whether the agreement should be annulled.
 ``

    (7) Remedies.--Upon a finding that a victim's rights 
 under this section have been violated, the court shall order a 
 just and appropriate remedy, which may include reopening a 
 proceeding, to address such violation, except that any such 
 remedy may not violate a defendant's constitutional rights and 
 shall account for the interests of other victims and the 
 public. An order under this paragraph, or under paragraph

    (5) or

    (6) , shall not be construed to impair prosecutorial 
 discretion under paragraph

    (9) .
 ``

    (8) Attorneys' fees.--A crime victim who prevails against 
 the United States in an action to enforce a right under this 
 section shall be entitled to an award of reasonable attorneys' 
 fees and expenses, as provided in 

section 2412 of title 28.'';
        (E) in subsection

    (e) --
            (i) by amending paragraph

    (1) to read as 
 follows:
 ``

    (1) Court of appeals.--The term `court of appeals' 
 means--
 ``
        (A) the United States court of appeals for--
 ``
            (i) the judicial district in which a 
 district court has rendered a decision for 
 which the victim seeks appellate review;
 ``
            (ii) if no such decision has been 
 rendered, the judicial district in which the 
 defendant is being prosecuted; or
 ``
            (iii) if there is no such prosecution, 
 the judicial district in which the offense was 
 alleged to have been committed; or
 ``
        (B) for a prosecution or offense committed in the 
 District of Columbia, in the Superior Court of the 
 District of Columbia, or the District of Columbia Court 
 of Appeals.'';
            (ii) by amending subparagraph

    (2)
        (A) to 
 read as follows:
 ``
        (A) In general.--The term `crime victim' means a 
 person directly and proximately harmed as a result of a 
 suspected or alleged Federal or District of Columbia 
 offense, or such an offense with respect to which an 
 individual has been charged or convicted.''; and
            (iii) by adding at the end the following:
 ``

    (4) Crime victim's lawful representative.--The term 
 `crime victim's lawful representative' means an individual or 
 entity designated or appointed to represent a crime victim or 
 take their place in a court proceeding or other legal 
 proceeding--
 ``
        (A) by the crime victim;
 ``
        (B) by the parent or legal guardian of the crime 
 victim, in the case of a crime victim who is a minor, 
 incapacitated, or deceased; or
 ``
            (C) by the court.
 ``

    (5) Timely.--The term `timely' means sufficient time for 
 the victim to exercise their rights under this section, and in 
 accordance with any applicable rules of procedure.
 ``

    (6) Suspected or alleged.--The term `suspected or 
 alleged' means, with respect to an offense, that there is an 
 investigation of an offense, but no charges have been filed.''; 
 and
        (F) in subsection

    (f) --
            (i) by amending paragraph

    (2)
        (A) to read as 
 follows:
 ``
        (A) designate an administrative authority in the 
 Department of Justice (referred to in this subsection 
 as the `Administrative Authority') under the 
 independent supervision of the Inspector General of the 
 Department of Justice to receive and investigate 
 complaints relating to the provision or violation of 
 the rights of a crime victim;'';
            (ii) by amending paragraph

    (2)
        (B) to read 
 as follows:
 ``
        (B) require a course of training for employees 
 and offices of the Department of Justice engaged in the 
 detection, investigation, or prosecution of crimes that 
 pertains to the treatment of crime victims, 
 incorporates trauma-informed methods and practices, and 
 otherwise assists such employees and offices in 
 responding more effectively to the needs of crime 
 victims;''; and
            (iii) by adding at the end the following:
 ``

    (3) Adjudication of complaints.--
 ``
        (A) Complaints.--A crime victim or a crime 
 victim's lawful representative may submit to the 
 Administrative Authority a complaint alleging that an 
 attorney for the Government violated the rights of a 
 crime victim under subsection

    (a) , which complaint 
 shall include the following:
 ``
            (i) The full name, address, telephone 
 number, and electronic mail address of the 
 complainant.
 ``
            (ii) The name and title of the individual 
 who violated the rights of the crime victim.
 ``
            (iii) The right of the crime victim that 
 was allegedly violated.
 ``
            (iv) The details of the allegation, 
 including the name of the court case and the 
 jurisdiction in which the misconduct occurred, 
 if applicable.
 ``
            (v) Copies of any document that supports 
 the complainant's allegation.
 ``
            (vi) Any other information relevant to 
 the complaint.
 ``
        (B) Period to submit complaints.--A complaint 
 under subparagraph
        (A) may be submitted beginning on 
 the date of the violation and ending on the date that 
 is 180 days after a final judgment is entered in the 
 underlying criminal proceeding (including any appeal), 
 except that the Administrative Authority may extend 
 such filing period for good cause.
 ``
            (C) Log of complaints.--The Administrative 
 Authority shall maintain a log of each complaint 
 submitted under subparagraph
        (A) .
 ``
            (D) Decisions.--
 ``
            (i) In general.--The Administrative 
 Authority shall issue a decision with respect 
 to the alleged violation within 180 days of 
 receiving a complaint under this section.
 ``
            (ii) Fines and costs.--Upon a finding by 
 the Administrative Authority that the rights of 
 a crime victim were violated, the 
 Administrative Authority shall have the 
 discretion to impose fines or reimburse the 
 victim for costs associated with the violation.
 ``
            (iii) Form and notice.--Upon issuing a 
 finding by the Administrative Authority 
 resolving a complaint under this section, the 
 Administrative Authority shall provide the 
 crime victim with a written copy of the 
 decision, including any imposed sanctions or 
 disciplinary measures, and advise the crime 
 victim of their right to appeal to the 
 Inspector General of the Department of Justice 
 under subparagraph
        (E) .
 ``
        (E) Appeal to the inspector general.--
 ``
            (i) In general.--Not later than 10 
 business days after the issuance of an order 
 under subparagraph
            (D) , the complainant or the 
 attorney for the Government may appeal the 
 order to the Inspector General of the 
 Department of Justice.
 ``
            (ii) Time for review.--Not later than 30 
 days after an appeal is filed under this 
 subparagraph, the Inspector General shall 
 review the order.
 ``
            (iii) Notice to congress.--In the case 
 that the Inspector General does not uphold the 
 decision of the Administrative Authority, the 
 Inspector General shall notify Congress as soon 
 as practicable, but in no case later than 10 
 business days after completing review.
 ``
            (iv) Failure to review.--If the Inspector 
 General fails to review an order pursuant to an 
 appeal filed under this subparagraph, the order 
 shall be deemed to have been upheld by the 
 Inspector General on the date that is 45 days 
 after the appeal is filed.''; and

    (2) by adding at the end the following:
``

Sec. 3772. General provisions
 ``

    (a) Rule Making.--The Attorney General shall issue such rules as 
may be necessary to carry out this chapter.
 ``

    (b) Reports to Congress.--
 ``

    (1) In general.--The Attorney General, in consultation 
 with the Inspector General of the Department of Justice, shall 
 submit a report to the appropriate congressional committees on 
 steps taken to improve the efforts of the Department of Justice 
 in according crime victims their rights during the period 
 covered by the report.
 ``

    (2) Report contents.--The report shall include--
 ``
        (A) the number of complaints filed with the 
 Administrative Authority designated under subsection

    (f) ;
 ``
        (B) the outcome of those complaints (including 
 any disciplinary action);
 ``
            (C) information pertaining to individual Federal 
 districts and Federal prosecutors that are the subject 
 of complaints, including--
 ``
            (i) the number of complaints filed with 
 the Administrative Authority that were 
 subsequently referred to a State bar 
 association;
 ``
            (ii) a list of Federal districts in which 
 misconduct was alleged to have occurred and the 
 number of complaints with respect to each such 
 district; and
 ``
            (iii) a list of attorneys against whom 3 
 or more complaints were submitted to the 
 Administrative Authority; and
 ``
            (D) a list of all cases in which a court or the 
 Administrative Authority determined that there was a 
 failure to accord a crime victim a right under 

section 3771, and the best efforts made by officers and 
 employees of the Department of Justice in each such 
 case.
 ``

    (3) Annual and biannual reports.--The report described in 
 paragraph

    (1) shall be submitted--
 ``
        (A) not later than 1 year after the date of 
 enactment of this section;
 ``
        (B) annually thereafter for a period of 2 years; 
 and
 ``
            (C) biannually after the end of the period 
 described in subparagraph
        (B) .
 ``

    (4) === Definition. ===
-In this section, the term `appropriate 
 congressional committees' means the Committee on the Judiciary 
 of the Senate, the Committee on Appropriations of the Senate, 
 the Committee on the Judiciary of the House of Representatives, 
 and the Committee on Appropriations of the House of 
 Representatives.''.

    (b) Clerical Amendment.--The table of sections for chapter 237 of 
title 18, United States Code, is amended by adding at the end the 
following:

``3772. General provisions.''.
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