Legislative History of the Crime Victims' Rights Amendment and Subsequent Statute

Page 9 of 52 2005 B.Y.U.L. Rev. 835, #849 Discussions about the Amendment began again soon after the 2000 presidential elections. On April 15, 2002, Senators Kyl and Feinstein reintroduced the Amendment in the Senate, 7? and the following day, President Bush announced his support. °° On May 1, [*850] 2002, a companion measure was proposed in the House. ®! On January 7, 2003, Senators Kyl and Feinstein proposed the amendment as Senate Judiciary Resolution 1. The Senate Judiciary Committee held hearings in April of that year, 82 followed by a written report supporting the Amendment. *> Shortly thereafter, a motion to proceed to consideration of the measure was withdrawn when proponents determined they did not have the sixty-seven votes necessary to pass the amendment. After it became clear that the necessary super-majority votes to amend the Constitution were not attainable, victims’ advocates turned their attention to enacting a comprehensive victims’ rights statute. C. The Crime Victims’ Rights Act The Crime Victims’ Rights Act ultimately resulted from a decision by the victims’ movement to seek a more comprehensive and enforceable federal statute rather than to continue pursuing the more ambitious goal of a federal constitutional amendment. In April 2004, victims advocates met with Senators Kyl and Feinstein to decide whether to push yet again for a federal constitutional amendment. Conceding that the amendment had only majority support in Congress rather than the necessary super-majority, the advocates decided to press for a far-reaching federal statute protecting victims' rights in the federal criminal justice system. 54 In exchange for backing off from the federal amendment in the short term, victims’ advocates received near- universal congressional support for a "broad and encompassing" statutory victims’ bill of rights. 8° This new approach not only established a string of victims' rights but also provided funding for victims’ legal services and created remedies for the violation of victims' rights. 8° The victims' [*851] movement is currently evaluating the success of the statute before deciding whether to continue pushing for a federal amendment. */ The Crime Victims' Rights Act gives victims "the right to participate in the system." °° To facilitate such participation, the Act grants victims eight specific rights: (1) The right to be reasonably protected from the accused; (2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding; 9% §.J. Res. 35, 107th Cong., 2d Sess. (2002). 8° 149 Cong. Rec. S82 (daily ed. Jan. 7, 2003) (statement of Sen. Kyl). 8! H.R.J. Res. 91, 107th Cong., 2d Sess. (2002). 82 A Proposed Constitutional Amendment To Protect Crime Victims: Hearing on S.J. Res. 1 Before the S. Judiciary Comm., 108th Congress, 108-189 (2003). 83 §. Rep. No. 108-191 (2003). 84 See Twist, supra note 2. 85 150 Cong. Rec. $4261 (daily ed. Apr. 22, 2004) (statement of Sen. Feinstein). 86 Td. at S4263 (statement of Sen. Feinstein). 87 Td. (statement of Sen. Feinstein); see also Att'y Gen. Alberto R. Gonzales, Prepared Remarks at the Hoover Inst. Bd. of Overseers Conference (Feb. 28, 2005) (indicating that a federal victims' rights amendment remains a priority for President Bush), available at http://www.usdoj.gov/ag/speeches/2005/02282005 agremarkshov.htm. 88 150 Cong. Rec. $4263 (daily ed. Apr. 22, 2004) (statement of Sen. Feinstein). For a description of victim participation, see Beloof, The Third Model of Criminal Process, supra note 15. DAVID SCHOEN HOUSE_OVERSIGHT_017723