HOMICIDE VICTIMS' FAMILIES' RIGHTS ACT OF 2021
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March 28, 2022.--Committeda to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Nadler, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 3359]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 3359) to provide for a system for reviewing the case
files of cold case murders at the instance of certain persons,
and for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill as amended do pass.
The amendment is as follows:
Strike all that follows after the enacting clause and insert
the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homicide Victims' Families' Rights Act
of 2021''.
SEC. 2. CASE FILE REVIEW.
(a) In General.--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) Review.--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) Certification in Lieu of Review.--In any case in which a written
application for review has been received under this Act 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) Reviewer.--A review required under subsection (a) shall not be
conducted by a person who previously investigated the murder at issue.
(e) Acknowledgment.--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 Act.
(f) Prohibition on Multiple Concurrent Reviews.--Only one case review
shall be undertaken at any one time with respect to the same cold case
murder victim.
(g) Time Limit.--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 4 is warranted.
(h) Extensions.--
(1) In general.--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) Actions subsequent to waiver.--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.
SEC. 3. APPLICATION.
Each agency shall develop a written application to be used for
designated persons to request a case file review under section 2.
SEC. 4. FULL REINVESTIGATION.
(a) In General.--The agency shall conduct a full reinvestigation of
the cold case murder at issue if the review of the case file required
by section 2 concludes that a full reinvestigation of such cold case
murder would result in probative investigative leads.
(b) Reinvestigation.--A full reinvestigation shall include analyzing
all evidence regarding the cold case murder at issue for the purpose of
developing probative investigative leads or a likely perpetrator.
(c) Reviewer.--A reinvestigation required under subsection (a) shall
not be conducted by a person who previously investigated the murder at
issue.
(d) Prohibition on Multiple Concurrent Reviews.--Only one full
reinvestigation shall be undertaken at any one time with respect to the
same cold case murder victim.
SEC. 5. CONSULTATION AND UPDATES.
(a) In General.--The agency shall consult with the designated person
who filed the written application pursuant to section 2 and provide him
or her with periodic updates during the case file review and full
reinvestigation.
(b) Explanation of Conclusion.--The agency shall meet with the
designated person and discuss the evidence to explain to the designated
person who filed the written application pursuant to section 2 its
decision whether or not to engage in the full reinvestigation provided
for under section 4 at the conclusion of the case file review.
SEC. 6. SUBSEQUENT REVIEWS.
(a) Case File Review.--If a review under subsection (a) case file
regarding a cold case murder is conducted and a conclusion is reached
not to conduct a full reinvestigation, no additional case file review
shall be required to be undertaken under this Act with respect to that
cold case murder for a period of five years, unless there is newly
discovered, materially significant evidence. An agency may continue an
investigation absent a designated person's application.
(b) Full Reinvestigation.--If a full reinvestigation of a cold case
murder is completed and a suspect is not identified at its conclusion,
no additional case file review or full reinvestigation shall be
undertaken with regard to that cold case murder for a period of five
years beginning on the date of the conclusion of the reinvestigation,
unless there is newly discovered, materially significant evidence.
SEC. 7. DATA COLLECTION.
(a) In General.--Beginning on the date that is three years after the
date of enactment of this Act, and annually thereafter, the Director of
the National Institute of Justice shall publish statistics on the
number of cold case murders.
(b) Manner of Publication.--The statistics published pursuant to
subsection (a) shall, at a minimum, be disaggregated by the
circumstances of the cold case murder, including the classification of
the offense, and by agency.
SEC. 8. PROCEDURES TO PROMOTE COMPLIANCE.
(a) Regulations.--Not later than one year after the date of enactment
of this Act, the head of each agency shall promulgate regulations to
enforce the right of a designated person to request a review under this
Act and to ensure compliance by the agency with the obligations
described in this Act.
(b) Procedures.--The regulations promulgated under subsection (a)
shall--
(1) designate an administrative authority within the agency
to receive and investigate complaints relating to a review
initiated under section 2 or a reinvestigation initiated under
section 4;
(2) require a course of training for appropriate employees
and officers within the agency regarding the procedures,
responsibilities, and obligations required under this Act;
(3) contain disciplinary sanctions, which may include
suspension or termination from employment, for employees of the
agency who are shown to have willfully or wantonly failed to
comply with this Act;
(4) provide a procedure for the resolution of complaints
filed by the designated person concerning the agency's handling
of a cold case murder investigation or the case file
evaluation; and
(5) provide that the head of the agency, or the designee
thereof, shall be the final arbiter of the complaint, and that
there shall be no judicial review of the final decision of the
head of the agency by a complainant.
SEC. 9. WITHHOLDING INFORMATION.
Nothing in this Act shall require an agency to provide information
that would endanger the safety of any person, unreasonably impede an
ongoing investigation, violate a court order, or violate legal
obligations regarding privacy.
SEC. 10. MULTIPLE AGENCIES.
In the case that more than one agency conducted the initial
investigation of a cold case murder, each agency shall coordinate their
case file review or full reinvestigation such that there is only one
joint case file review or full reinvestigation occurring at a time in
compliance with section 2(f) or 4(d), as applicable.
SEC. 11. APPLICABILITY.
This Act applies in the case of any cold case murder occurring on or
after January 1, 1970.
SEC. 12. DEFINITIONS.
In this Act:
(1) The term ``designated person'' means an immediate family
member or someone similarly situated, as defined by the
Attorney General.
(2) The term ``immediate family member'' means a parent,
parent-in-law, grandparent, grandparent-in-law, sibling,
spouse, child, or step-child of a murder victim.
(3) The term ``victim'' means a natural person who died as a
result of a cold case murder.
(4) The term ``murder'' means any criminal offense under
section 1111(a) of title 18, United States Code, or any offense
the elements of which are substantially identical to such
section.
(5) The term ``agency'' means a Federal law enforcement
entity with jurisdiction to engage in the detection,
investigation, or prosecution of a cold case murder.
(6) The term ``cold case murder'' means a murder--
(A) committed more than three years prior to the date
of an application by a designated person under section
2(a);
(B) previously investigated by a Federal law
enforcement entity;
(C) for which all probative investigative leads have
been exhausted; and
(D) for which no likely perpetrator has been
identified.
SEC. 13. ANNUAL REPORT.
(a) In General.--Each agency shall submit an annual report to the
Committees on the Judiciary of the House of Representatives and of the
Senate describing actions taken and results achieved under this Act
during the previous year.
(b) Report Described.--The report described in subsection (a) shall
include--
(1) the number of written applications filed with the agency
pursuant to section 2(a);
(2) the number of extensions granted, and an explanation of
reasons provided under section 2(h);
(3) the number of full reinvestigations initiated and closed
pursuant to section 4; and
(4) statistics and individualized information on topics that
include identified suspects, arrests, charges, and convictions
for reviews under section 2 and reinvestigations under section
4.
