§20141 — Title 34 Navy | U.S. Code

Summary

Federal agencies that handle crimes must pick specific people by name and job title to find victims and give help at every stage of a criminal case. As soon as it can be done without hurting the investigation, the named official must find and identify victims, tell them they can ask for the help listed below, and give the victim the official’s name, title, business address, and phone number for making requests. The official must tell victims where to get emergency medical and social help, explain any restitution or other relief they may get and how to get it, point out public and private counseling and support programs, and help contact those providers. The official must arrange reasonable protection from the suspected offender and people working with that offender. During the case the official must give victims early notice, when appropriate, about the investigation status, arrests, charges, court dates the victim must or may attend, the offender’s release or detention, pleas or verdicts, and the sentence including parole eligibility. In court victims must have a waiting area out of sight and hearing of the defendant and defense witnesses. After trial, victims must be told early about parole hearings, escapes or any release (like work release or furlough), and if the offender dies in custody. The agency must keep victim property held as evidence in good condition and return it when it is no longer needed. For sexual assault investigations, the Attorney General or agency head must pay or reimburse the cost of a needed physical exam for evidence. The Attorney General must pay for up to 2 anonymous, confidential tests for sexually transmitted diseases (including HIV, gonorrhea, herpes, chlamydia, and syphilis) during the 12 months after assaults that risk transmission, and one counseling session about test accuracy and transmission risk. A victim may waive anonymity or confidentiality for those tests. The law does not create a lawsuit or defense if an official fails to give this information. Definitions: “responsible official” = the person chosen to do these duties; “victim” = someone who suffered direct physical, emotional, or money harm from a crime. If the victim is an institution, an authorized representative speaks for it. If the victim is under 18, incompetent, incapacitated, or dead, an official representative may be, in order: spouse; legal guardian; parent; child; sibling; another family member; or a person the court names.

Title 34, §20141

Navy — Source: USLM XML via OLRC

(a)The head of each department and agency of the United States engaged in the detection, investigation, or prosecution of crime shall designate by names and office titles the persons who will be responsible for identifying the victims of crime and performing the services described in subsection (c) at each stage of a criminal case.

(b)At the earliest opportunity after the detection of a crime at which it may be done without interfering with an investigation, a responsible official shall—

(1)identify the victim or victims of a crime;

(2)inform the victims of their right to receive, on request, the services described in subsection (c); and

(3)inform each victim of the name, title, and business address and telephone number of the responsible official to whom the victim should address a request for each of the services described in subsection (c).

(c)(1)A responsible official shall—

(A)inform a victim of the place where the victim may receive emergency medical and social services;

(B)inform a victim of any restitution or other relief to which the victim may be entitled under this or any other law and 11 So in original. Probably should be followed by “the”. manner in which such relief may be obtained;

(C)inform a victim of public and private programs that are available to provide counseling, treatment, and other support to the victim; and

(D)assist a victim in contacting the persons who are responsible for providing the services and relief described in subparagraphs (A), (B), and (C).

(2)A responsible official shall arrange for a victim to receive reasonable protection from a suspected offender and persons acting in concert with or at the behest of the suspected offender.

(3)During the investigation and prosecution of a crime, a responsible official shall provide a victim the earliest possible notice of—

(A)the status of the investigation of the crime, to the extent it is appropriate to inform the victim and to the extent that it will not interfere with the investigation;

(B)the arrest of a suspected offender;

(C)the filing of charges against a suspected offender;

(D)the scheduling of each court proceeding that the witness is either required to attend or, under section 10606(b)(4) 22 See References in Text note below. of title 42, is entitled to attend;

(E)the release or detention status of an offender or suspected offender;

(F)the acceptance of a plea of guilty or nolo contendere or the rendering of a verdict after trial; and

(G)the sentence imposed on an offender, including the date on which the offender will be eligible for parole.

(4)During court proceedings, a responsible official shall ensure that a victim is provided a waiting area removed from and out of the sight and hearing of the defendant and defense witnesses.

(5)After trial, a responsible official shall provide a victim the earliest possible notice of—

(A)the scheduling of a parole hearing for the offender;

(B)the escape, work release, furlough, or any other form of release from custody of the offender; and

(C)the death of the offender, if the offender dies while in custody.

(6)At all times, a responsible official shall ensure that any property of a victim that is being held for evidentiary purposes be maintained in good condition and returned to the victim as soon as it is no longer needed for evidentiary purposes.

(7)The Attorney General or the head of another department or agency that conducts an investigation of a sexual assault shall pay, either directly or by reimbursement of payment by the victim, the cost of a physical examination of the victim which an investigating officer determines was necessary or useful for evidentiary purposes. The Attorney General shall provide for the payment of the cost of up to 2 anonymous and confidential tests of the victim for sexually transmitted diseases, including HIV, gonorrhea, herpes, chlamydia, and syphilis, during the 12 months following sexual assaults that pose a risk of transmission, and the cost of a counseling session by a medically trained professional on the accuracy of such tests and the risk of transmission of sexually transmitted diseases to the victim as the result of the assault. A victim may waive anonymity and confidentiality of any tests paid for under this section.

(8)A responsible official shall provide the victim with general information regarding the corrections process, including information about work release, furlough, probation, and eligibility for each.

(d)This section does not create a cause of action or defense in favor of any person arising out of the failure of a responsible person to provide information as required by subsection (b) or (c).

(e)For the purposes of this section—

(1)the term “responsible official” means a person designated pursuant to subsection (a) to perform the functions of a responsible official under that section; and

(2)the term “victim” means a person that has suffered direct physical, emotional, or pecuniary harm as a result of the commission of a crime, including—

(A)in the case of a victim that is an institutional entity, an authorized representative of the entity; and

(B)in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, one of the following (in order of preference):

(i)a spouse;

(ii)a legal guardian;

(iii)a parent;

(iv)a child;

(v)a sibling;

(vi)another family member; or

(vii)another person designated by the court.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 10606(b)(4) of title 42, referred to in subsec. (c)(3)(D), was in the original “section 1102(b)(4)”, meaning section 1102(b)(4) of Pub. L. 101–647, which has been translated as reading section 502(b)(4) of Pub. L. 101–647 to reflect the probable intent of Congress because Pub. L. 101–647 does not contain a section 1102 and section 502(b)(4) relates to the right of crime victims to be present at public court proceedings. Section 10606 of Title 42, The Public Health and Welfare, was repealed by Pub. L. 108–405, title I, § 102(c), Oct. 30, 2004, 118 Stat. 2264. Codification Section was formerly classified to section 10607 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

1994—Subsec. (c)(7). Pub. L. 103–322 inserted at end “The Attorney General shall provide for the payment of the cost of up to 2 anonymous and confidential tests of the victim for sexually transmitted diseases, including HIV, gonorrhea, herpes, chlamydia, and syphilis, during the 12 months following sexual assaults that pose a risk of transmission, and the cost of a counseling session by a medically trained professional on the accuracy of such tests and the risk of transmission of sexually transmitted diseases to the victim as the result of the assault. A victim may waive anonymity and confidentiality of any tests paid for under this section.”

§20141 Services to Victims