Federal · Title 34 — Crime Control and Law Enforcement

34 U.S.C. § 20141: Services to victims

Civil

What this law says, in plain English

Federal agencies handling criminal cases must designate officials to identify crime victims and provide them services, including information about restitution, counseling, case status updates, and safe waiting areas during proceedings.

Read the full statutory text
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. identify the victim or victims of a crime; inform the victims of their right to receive, on request, the services described in subsection (c); and 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). inform a victim of the place where the victim may receive emergency medical and social services; inform a victim of any restitution or other relief to which the victim may be entitled under this or any other law and 1 manner in which such relief may be obtained; 1 So in original. Probably should be followed by “the”. inform a victim of public and private programs that are available to provide counseling, treatment, and other support to the victim; and assist a victim in contacting the persons who are responsible for providing the services and relief described in subparagraphs (A), (B), and (C). 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. 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; the arrest of a suspected offender; the filing of charges against a suspected offender; the scheduling of each court proceeding that the witness is either required to attend or, under section 10606(b)(4) 2 of title 42, is entitled to attend; 2 See References in Text note below. the release or detention status of an offender or suspected offender; the acceptance of a plea of guilty or nolo contendere or the rendering of a verdict after trial; and the sentence imposed on an offender, including the date on which the offender will be eligible for parole. 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. the scheduling of a parole hearing for the offender; the escape, work release, furlough, or any other form of release from custody of the offender; and the death of the offender, if the offender dies while in custody. 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. 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. 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. 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). the term “responsible official” means a person designated pursuant to subsection (a) to perform the functions of a responsible official under that section; and in the case of a victim that is an institutional entity, an authorized representative of the entity; and a spouse; a legal guardian; a parent; a child; a sibling; another family member; or another person designated by the court.

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