H.R. 5107 Justice for All Act: Crime Victims' Rights/DNA/Innocence Protection Acts (11/23/2004)
H.R. 5107 Justice for All Act
Crime Victims' Rights/DNA/Innocence Protection Acts
Crime Victims' Right Act
The ACLU expressed concerns to Congress that the Senate passed Crime Victims Rights Act would change some of the basic tenets of the federal criminal justice system by allowing victims to hear other witnesses testimony before they testify during a trial, allowing victims to re-litigate plea and sentencing hearings, and requiring the government to giving victims' a "right" to counsel. The House version of the Crime Victims' Rights Act addressed several of the concerns that the ACLU outlined for the House Judiciary Committee.
ACLU Concerns Regarding Crime Victims' Rights Act:
Victim/Witness Testimony
· If victims who are witnesses were able to attend the whole trial their testimony would be biased after hearing other witness testimony during the case. Generally, witnesses at a trial are excluded for the proceedings so that hearing the testimony of other witness will not influence their own testimony.
How H.R. 5107 Addressed ACLU Concerns
· The House bill includes an exception similar to that currently in federal law that requires the court to determine if testimony by the victim would be materially affected if the victim heard other testimony at the proceeding.
ACLU Concerns Regarding Crime Victims' Rights Act: Re-litigating proceedings in a Criminal Case.
· Victims would have the right to re-open bail, plea agreements and sentencing hearings under section 3771(d)(3), which gives them the ability to seek writ of mandamus if victims believe a federal court has violated any of their "rights".
How H.R. 5107 Addressed ACLU Concerns
· Section 3771(d)(5) of the legislation limits the victim's ability to reopen plea or sentencing decisions. A victim has 10 days to assert that their right to be heard in a public proceeding has been denied. In addition, in the case of a plea agreement, the accused has to plea to highest offense charged to prohibit victim from challenging the denial of their right to be heard during the plea hearing.
ACLU Concerns Regarding Crime Victims' Rights Act: Could have created a "right" to counsel for victims.
· It was not clear whether the Senate version of the Crime Victims Rights Act intended to create a "right" to counsel for victims. The bill provides that when any material conflict of interest occurs between the prosecutor and the crime victim, "the prosecutor shall advise the crime victim of the conflict and take reasonable steps to direct the crime victim to the appropriate legal referral, legal assistance, or legal aid agency."
How H.R. 5107 Addressed ACLU Concerns
· The legislation that will be enacted removes the language requiring a prosecutor to "take reasonable steps" to direct crime victims to a legal referral and merely obligates the prosecutor to advise victims that they can seek legal advice in regarding the "rights" included in the bill.
DNA Provisions
· H.R. 5107 will significantly expand the Combined DNA Index System (CODIS) to include DNA for any federal felony as well as for any DNA collected under applicable state law. Among other things, this provision would permit the inclusion of records from states that collect DNA profiles from people who have not even been convicted of a crime. In addition, this legislation will indefinitely toll the federal statute of limitations for crimes involving DNA, except in cases of sexual abuse.
Expands the Federal DNA database
· H.R.5107 will inappropriately expand the scope of persons whose DNA profiles will be collected and maintained by the federal government. Under current law, CODIS includes DNA profiles only of people convicted of serious violent federal crimes and those convicted of qualifying military and state offenses. The bill vastly expands the definition of "qualifying federal offense" to include any felony, sexual abuse crimes, crimes of violence, any attempt or conspiracy to commit the above crimes and additional qualifying military offenses.
· However, the final version of H.R. 5107 excludes DNA of arrestees, who have not been indicted, from the federal database.
Eliminates The Statute Of Limitations
For Various Federal Crimes Involving DNA Evidence
· Innocent people could be convicted of crimes if this bill eliminates the statute of limitations for some crimes. The bill indefinitely tolling the federal statute of limitations for crimes involving DNA, except in cases of sexual abuse. Under the bill, the statute of limitations would not begin to run until a suspects DNA is match with DNA from a crime scene.
· H.R. 5107 would allow John Doe DNA indictments to be used in sexual abuse cases, however the statute of limitation will be tolled for other crimes which DNA testing implicates an unidentified person in a felony.
Innocence Protection Act Provisions
· Title IV of H.R. 5107, the Innocence Protection Act (IPA), would establish a procedure in federal court to access DNA testing under certain circumstances and encourage states to provide such a process as well. The IPA would create a process by which post-conviction DNA testing would be available to people in prison after a trial for federal offenses.
· The major change in H.R. 5107 from previous versions of the IPA is that it would create a rebuttal presumption that an inmate's motion for DNA testing is timely if made with in 3 years of conviction and 5 years after enactment of this law. After that time period there will be a rebuttal presumption against the timeliness of the motion for DNA testing unless the person was incompetent at the time of trial, if there is newly discover DNA, if it would be a "manifest injustice" to deny a prisoner DNA testing or upon a showing of "good cause."
http://www.aclu.org/capital/federal/10625leg20041123.html