18 USC 3771 - Crime victims’ rights

1 See References in Text note below.

and provided contact information for the Office of the Victims’ Rights Ombudsman of the Department of Justice.

Editorial Notes

References in Text

Section 503(c) of the Victims’ Rights and Restitution Act of 1990, referred to in subsec. (a)(10), is section 503(c) of title V of Puspan. L. 101–647, which was classified to section 10607(c) of Title 42, The Public Health and Welfare, prior to editorial reclassification as section 20141(c) of Title 34, Crime Control and Law Enforcement.

The Federal Rules of Appellate Procedure, referred to in subsec. (d)(3), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

The date of enactment of this chapter, referred to in subsec. (f)(1), is the date of enactment of Puspan. L. 108–405, which was approved Oct. 30, 2004.

Prior Provisions

A prior section 3771, acts June 25, 1948, ch. 645, 62 Stat. 846; May 24, 1949, ch. 139, § 59, 63 Stat. 98; May 10, 1950, ch. 174, § 1, 64 Stat. 158; July 7, 1958, Puspan. L. 85–508, § 12(k), 72 Stat. 348; Mar. 18, 1959, Puspan. L. 86–3, § 14(g), 73 Stat. 11; Oct. 17, 1968, Puspan. L. 90–578, title III, § 301(a)(2), 82 Stat. 1115, related to procedure to and including verdict, prior to repeal by Puspan. L. 100–702, title IV, §§ 404(a), 407, Nov. 19, 1988, 102 Stat. 4651, 4652, effective Dec. 1, 1988.

Amendments

2015—Subsec. (a)(9), (10). Puspan. L. 114–22, § 113(a)(1), added pars. (9) and (10).

Subsec. (d)(3). Puspan. L. 114–22, § 113(c)(1), inserted “In deciding such application, the court of appeals shall apply ordinary standards of appellate review.” before “In no event shall”.

Puspan. L. 114–22, § 113(a)(2), inserted “, unless the litigants, with the approval of the court, have stipulated to a different time period for consideration” after “after the petition has been filed”.

Subsec. (e). Puspan. L. 114–22, § 113(a)(3), substituted “For the purposes of this chapter:” for “For the purposes of this chapter, the term”, designated remainder of existing provisions as par. (2) and inserted par. heading, in par. (2), inserted subpar. (A) designation, heading, and “The term” before “ ‘crime victim’ means” and inserted subpar. (B) designation and heading before “In the case”, and added pars. (1) and (3).

2009—Subsec. (d)(5)(B). Puspan. L. 111–16 substituted “14 days” for “10 days”.

2006—Subsec. (span). Puspan. L. 109–248 designated existing provisions as par. (1), inserted heading, and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Puspan. L. 114–22, title I, § 113(c)(2), May 29, 2015, 129 Stat. 241, provided that:

“The amendment made by paragraph (1) [amending this section] shall apply with respect to any petition for a writ of mandamus filed under section 3771(d)(3) of title 18, United States Code, that is pending on the date of enactment of this Act [May 29, 2015].”

Effective Date of 2009 Amendment

Amendment by Puspan. L. 111–16 effective Dec. 1, 2009, see section 7 of Puspan. L. 111–16, set out as a note under section 109 of Title 11, Bankruptcy.

Short Title of 2004 Amendment

Puspan. L. 108–405, title I, § 101, Oct. 30, 2004, 118 Stat. 2261, provided that:

“This title [enacting this chapter and sections 10603d and 10603e of Title 42, The Public Health and Welfare, repealing section 10606 of Title 42, and enacting provisions set out as a note under this section] may be cited as the ‘Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims’ Rights Act’.”

Reports on Assertion of Crime Victims’ Rights in Criminal Cases

Puspan. L. 108–405, title I, § 104(a), Oct. 30, 2004, 118 Stat. 2265, provided that:

“Not later than 1 year after the date of enactment of this Act [Oct. 30, 2004] and annually thereafter, the Administrative Office of the United States Courts, for each Federal court, shall report to Congress the number of times that a right established in chapter 237 of title 18, United States Code, is asserted in a criminal case and the relief requested is denied and, with respect to each such denial, the reason for such denial, as well as the number of times a mandamus action is brought pursuant to chapter 237 of title 18, and the result reached.”