Collapse to view only § 60901. Case file review
- § 60901. Case file review
- § 60902. Application
- § 60903. Full reinvestigation
- § 60904. Consultation and updates
- § 60905. Subsequent reviews
- § 60906. Data collection
- § 60907. Procedures to promote compliance
- § 60908. Withholding information
- § 60909. Multiple agencies
- § 60910. Applicability
- § 60911. Definitions
- § 60912. Annual report
§ 60901. Case file review
(a) In general
(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
(d) Reviewer
(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 chapter.
(f) Prohibition on multiple concurrent reviews
(g) Time limit
(h) Extensions
(1) In general
(2) Actions subsequent to waiver
(Pub. L. 117–164, § 2, Aug. 3, 2022, 136 Stat. 1358.)
§ 60902. Application
Each agency shall develop a written application to be used for designated persons to request a case file review under section 60901 of this title.
(Pub. L. 117–164, § 3, Aug. 3, 2022, 136 Stat. 1359.)
§ 60903. Full reinvestigation
(a) In general
(b) Reinvestigation
(c) Reviewer
(d) Prohibition on multiple concurrent reviews
(Pub. L. 117–164, § 4, Aug. 3, 2022, 136 Stat. 1359.)
§ 60904. Consultation and updates
(a) In general
(b) Explanation of conclusion
(Pub. L. 117–164, § 5, Aug. 3, 2022, 136 Stat. 1359.)
§ 60905. Subsequent reviews
(a) Case file review
(b) Full reinvestigation
(Pub. L. 117–164, § 6, Aug. 3, 2022, 136 Stat. 1359.)
§ 60906. Data collection
(a) In general
(b) Manner of publication
(Pub. L. 117–164, § 7, Aug. 3, 2022, 136 Stat. 1360.)
§ 60907. Procedures to promote compliance
(a) Regulations
(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 60901 of this title or a reinvestigation initiated under section 60903 of this title;
(2) require a course of training for appropriate employees and officers within the agency regarding the procedures, responsibilities, and obligations required under this chapter;
(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 chapter;
(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.
(Pub. L. 117–164, § 8, Aug. 3, 2022, 136 Stat. 1360.)
§ 60908. Withholding information
Nothing in this chapter 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.
(Pub. L. 117–164, § 9,
§ 60909. 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 60901(f) or 60903(d) of this title, as applicable.
(Pub. L. 117–164, § 10, Aug. 3, 2022, 136 Stat. 1361.)
§ 60910. Applicability
This chapter applies in the case of any cold case murder occurring on or after January 1, 1970.
(Pub. L. 117–164, § 11, Aug. 3, 2022, 136 Stat. 1361.)
§ 60911. DefinitionsIn this chapter:
(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 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 60901(a) of this title;
(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.
(Pub. L. 117–164, § 12, Aug. 3, 2022, 136 Stat. 1361.)
§ 60912. Annual report
(a) In general
(b) Report described
The report described in subsection (a) shall include—
(1) the number of written applications filed with the agency pursuant to section 60901(a) of this title;
(2) the number of extensions granted, and an explanation of reasons provided under section 60901(h) of this title;
(3) the number of full reinvestigations initiated and closed pursuant to section 60903 of this title; and
(4) statistics and individualized information on topics that include identified suspects, arrests, charges, and convictions for reviews under section 60901 of this title and reinvestigations under section 60903 of this title.
(Pub. L. 117–164, § 13, Aug. 3, 2022, 136 Stat. 1361.)