Title 34NavyRelease 119-73

§60901 Case file review

Title 34 › Subtitle Subtitle VI— - Other Crime Control and Law Enforcement Matters › Chapter CHAPTER 609— - HOMICIDE VICTIMS’ FAMILIES’ RIGHTS › § 60901

Last updated Apr 6, 2026|Official source

Summary

An agency head must review a cold-case murder file when one designated person sends a written request. The review must check for missed investigative steps, whether witnesses should be interviewed or reinterviewed, whether physical evidence needs more testing, and update the file using current investigative standards. The reviewer cannot be someone who worked on the original investigation. If the case does not meet the cold-case criteria, the agency head must send a written notice to the requester saying review is not needed because all useful leads are exhausted or a likely perpetrator cannot be identified. The agency must confirm receipt of the request and tell the requester their rights in writing, and only one review at a time is allowed for the same victim. The agency must finish the review and decide within 6 months whether a full reinvestigation is warranted. The agency may extend that deadline one time for up to 6 more months if workload makes the original deadline impractical, but it must notify the requester and explain why.

Full Legal Text

Title 34, §60901

Navy — Source: USLM XML via OLRC

(a)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)The review under subsection (a) shall include—
(1)an analysis of what investigative steps or follow-up steps may have been missed in the initial investigation;
(2)an assessment of whether witnesses should be interviewed or reinterviewed;
(3)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)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)In any case in which a written application for review has been received under this chapter by the agency, review shall be unnecessary where the case does not satisfy the 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.
(d)A review required under subsection (a) shall not be conducted by a person who previously investigated the murder at issue.
(e)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)notice of the applicant’s rights under this chapter.
(f)Only one case review shall be undertaken at any one time with respect to the same cold case murder victim.
(g)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 60903 of this title is warranted.
(h)(1)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)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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Short Title

For

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of Pub. L. 117–164, which enacted this chapter, as the Homicide Victims’ Families’ Rights Act of 2021, see section 1 of Pub. L. 117–164, set out as a

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of 2022 Amendment note under section 10101 of this title.

Reference

Citations & Metadata

Citation

34 U.S.C. § 60901

Title 34Navy

Last Updated

Apr 6, 2026

Release point: 119-73