Federal Victim's Services and Protections Compliance Act
This bill died when its Congress ended.
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Title I: Federal Victim's Services and Protections Compliance Act - Federal Victim's Services and Protections Compliance Act - Directs the Attorney General to: (1) establish an evaluation system for law enforcement officers which rates such officers on their compliance with specified laws protecting victims of crimes; and (2) use such evaluation system to create standards governing services to victims and witnesses in Federal cases and to serve as a model to States and localities. Requires the Office for Victims of Crime to report periodically to the public, the Congress, and the President on victim protections and on compliance with this Act. Title II: The Federal Child Victim's Bill of Rights - Amends the Federal Rules of Criminal Procedure to allow, in any civil or criminal proceeding involving an alleged offense against a child or involving a child witness, the prosecuting attorney, the child's attorney, or the guardian ad litem to apply (at least five days before the trial date) for a court order that the child's testimony be taken in a room outside the courtroom and be televised by two-way closed-circuit television (TV). Authorizes the court to order that such testimony be taken by closed-circuit TV if it finds that the child is unable to testify in open court because of: (1) the child's persistent refusal to testify despite judicial requests to do so; (2) the child's total inability to communicate about the offense because of extreme fear, total failure of memory, or other similar reasons; or (3) the substantial likelihood that the child will suffer severe emotional trauma from so testifying. Requires: (1) the court to support any ruling on the child's inability to testify in open court with findings on the record; and (2) expert testimony to support such a finding, with respect to the child's persistent refusal to testify. Specifies that: (1) the prosecuting attorney and the defense attorney shall be present in the room with the child and the child shall be subject to direct and cross-examination; and (2) the only other persons allowed to be present are the child's attorney or guardian ad litem, those persons necessary to operate the closed-circuit equipment, and any other person whose presence is determined by the court to be necessary to the welfare and well-being of the child. Requires that: (1) the child's testimony be transmitted by closed-circuit TV into the courtroom for the defendant, jury, judge, and public view; (2) the defendant be provided with the means of private, contemporaneous communication with his attorney during the testimony; and (3) the closed-circuit TV transmission relay the defendant's image into the room in which the child is testifying, and the child's testimony into the room in which the defendant is viewing the proceeding. Sets forth analogous provisions with respect to videotaped depositions of child victims and child witnesses. Creates a hearsay exception for an out-of-court statement related to alleged completed or attempted crimes of sexual abuse, physical abuse, or exploitation of such child or concerning a crime against another witnessed by the child that is not otherwise admissible if: (1) the child testifies at the proceeding or testifies by means of videotaped deposition or closed-circuit TV and, at the time of such testimony, is subject to cross-examination about the out-of-court statement; or (2) the child is found to be unable to testify for various reasons, such as the child's death or absence from the jurisdiction, persistent refusal to testify, or substantial likelihood that the child would suffer severe emotional trauma from testifying (in the latter case, must be supported by expert testimony). Requires the proponents of the statement to inform the adverse party of the intention to offer the statement and its content sufficiently in advance of the proceeding to provide the defendant with a fair opportunity to prepare a response to the statement before the proceeding at which it is offered. Delineates factors which the court may consider in determining whether a statement possesses particularized guarantees of trustworthiness, including the child's knowledge of the event, the age and maturity of the child, any apparent motive the child may have to falsify or distort the event, and whether extrinsic evidence exists to show the defendant's opportunity to commit the act complained of in the child's statement. Requires the court to support with findings on the record any rulings pertaining to the child's inability to testify in open court and the trustworthiness of the out-of-court statement. Authorizes the court to permit the child to use anatomical dolls, puppets, drawings, or any other demonstrative device it deems appropriate to assist a child in testifying. Sets forth requirements with respect to competency examinations for child witnesses. Prohibits: (1) the release to the public of the name, or other identifying information about the child victim or child witness except as authorized by the court; and (2) the name and any identifying information from appearing in any public record. Makes such a violation a misdemeanor. Authorizes the court, when the child testifies, to exclude from the courtroom all persons, including the media, who do not have a direct interest in the case, where the child's testimony under traditional courtroom procedures would cause substantial psychological harm to the child or would result in the child's inability to effectively communicate, subject to specified conditions. Grants the child victim or witness the same right to submit victim impact statements prior to sentencing as prescribed for an adult victim. Directs that child victims or witnesses be assisted by their court appointed guardian ad litem in preparing victim impact statements. Encourages the use of multidisciplinary teams designed to assist child victims or child witnesses. Delineates the role of such teams. Requires the court to appoint a guardian ad litem at the earliest possible stage of all proceedings where a child was a victim of a crime involving abuse or exploitation to protect the best interests of the child. Sets forth guidelines with respect to criteria in choosing, and the duties of, such guardian. Grants a child testifying at or attending a judicial proceeding the right to be accompanied by an adult attendant to provide emotional support to the child, subject to certain restrictions. Authorizes the court, in any proceeding where a child is called to give testimony, to designate the case as being of special public importance and to expedite the action. Requires the court to ensure a speedy trial and, in deciding whether or not to grant a continuance, to take into account the child's age and the potential adverse impact the delay may have on the child's wellbeing. Requires physicians, social workers, psychologists, teachers, film processors, and specified other individuals who, while involved in any such capacities on Federal land or in a federally operated (or contracted) facility, have reason to suspect that a child is an abused or neglected child to immediately report to the appropriate authorities. Grants civil and criminal immunity to individuals who, acting in good faith, make such a report or otherwise provide information or assistance with a report investigation, or legal intervention. Makes failure to report a misdemeanor. Requires: (1) each Federal agency and facility that hires, or contracts for hire, individuals involved with the provision of services to children under age 18 to assure that all existing and newly-hired employees undergo a criminal history background check; and (2) all existing staff to receive such checks within six months and prohibits the hiring of additional staff without a check having been initiated. Sets forth procedures with respect to the conduct of such background checks. Specifies that: (1) any conviction for a sex crime, an offense involving a child victim, or a drug offense shall be grounds for denying employment or for dismissal of an employee engaged in specified child care services; (2) an incident in which an individual has been charged, but where the charge has not yet been disposed of, shall permit the employee's suspension from any job-related contact with children until the case is resolved; and (3) convictions of other crimes may be considered if they bear on an individual's fitness to have responsibility for the safety and well-being of children. Sets forth requirements with respect to questions to be asked in employment applications, criminal history records checks, and access to (and the right to challenge the accuracy of) the criminal history report. Encourages voluntary criminal history checks for others who may have contact with children. Specifies that there shall be no statute of limitations for the prosecution of any felony child physical abuse, sexual abuse, or exploitation offense. Sets forth reporting requirements.
Filed in the Senate
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