[House Report 117-280]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 117-280
======================================================================
HOMICIDE VICTIMS' FAMILIES' RIGHTS ACT OF 2021
_______
March 28, 2022.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
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.
CONTENTS
Page
Purpose and Summary.............................................. 4
Background and Need for the Legislation.......................... 4
Hearings......................................................... 8
Committee Consideration.......................................... 8
Committee Votes.................................................. 8
Committee Oversight Findings..................................... 8
Committee Estimate of Budgetary Effects.......................... 8
New Budget Authority and Congressional Budget Office Cost
Estimate....................................................... 8
Duplication of Federal Programs.................................. 9
Performance Goals and Objectives................................. 9
Advisory on Earmarks............................................. 9
Section-by-Section Analysis...................................... 9
Purpose and Summary
H.R. 3359, the ``Homicide Victims' Families' Rights Act of
2021,'' would grant relatives of homicide victims, under
federal law, the right to have their loved ones' case files
reviewed by the federal law enforcement agency with
jurisdiction over their case, after three years of the case
going cold.
Background and Need for the Legislation
I. BACKGROUND
Currently, our nation has over 250,000 unsolved murder
cases and that number increases by 6,000 cases each year.\1\
Scholars contend that this is a conservative estimate since 48
percent ``of death investigation and missing persons cases''
are ``classified'' under ``undetermined cause'' of death and
thus not included in the unsolved murder case data.\2\ An
expert on the Cold Case Investigation Working Group assembled
by the Office of Justice Programs' National Institute of
Justice states the number of ``cold cases'' in America
``constitute a crisis situation.''\3\ The number of unsolved
homicide cases grew consistently over the last decade
throughout the nation. FBI data shows ``the percentage of
homicides for which someone is charged has steadily declined
from over 90 percent in 1965 to under 65 percent in 2018.''\4\
Four in ten murder victim's families do not receive closure for
their loved ones' cases.\5\ Low clearance rates exacerbate the
backlog of unsolved cases. Due to the constant nature of crime,
law enforcement focuses on present and future crime instead of
investigating older cases.\6\ Even cases that occurred within
the last year can fade from the priorities of law enforcement.
H.R. 3359 addresses the backlog of cases and will help police
raise arrest rates of dangerous criminals.
---------------------------------------------------------------------------
\1\The Crisis of Cold Cases, U.S. Dep't of Just. (Jan. 9, 2020),
https://www.ojp.gov/files/archives/blogs/2019/crisis-cold-cases.
\2\Francesca Mirabile, When Police Fail to Solve Homicides,
Families Carry the Weight, The Trace (June 26, 2017), https://
www.thetrace.org/2017/06/police-fail-solve-homicides-families-carry-
weight/.
\3\The Crisis of Cold Cases, U.S. Dep't of Just. (Jan. 9, 2020),
https://www.ojp.gov/files/archives/blogs/2019/crisis-cold-cases.
\4\Rep. Eric Swalwell and Glenn Kirschner, Some Murder Cases Grow
Cold. For Victims' Families Remains Hot Opinion, Newsweek (May
19, 2021), https://www.newsweek.com/some-murder-cases-grow-cold-
victims-families-pain-remains-hot-opinion-1592989.
\5\Francesca Mirabile, When Police Fail to Solve Homicides,
Families Carry the Weight, The Trace (June 26, 2017), https://
www.thetrace.org/2017/06/police-fail-solve-homicides-families-carry-
weight/.
\6\James M. Adcock, Fixing America's Cold Case Crisis, The Crime
Report (Nov. 28, 2018), https://thecrimereport.org/2018/11/28/fixing-
americas-cold-case-crisis/.
---------------------------------------------------------------------------
The backlog and low clearance rate of homicide cases
disproportionately affects Black victims. While clearance rates
in cases with white, Latino, Asian, and Native American victims
increased from 1976 to 2017, the overall clearance rate trends
significantly downwards because of the extremely low clearance
rates for Black victims.\7\ Victims in cases with low clearance
rates are ``more likely to live in deep poverty, to be
unemployed, to have lower education levels, and to be
black.''\8\
---------------------------------------------------------------------------
\7\Rep. Eric Swalwell and Glenn Kirschner, Some Murder Cases Grow
Cold. For Victims' Families Remains Hot Opinion, Newsweek (May
19, 2021), https://www.newsweek.com/some-murder-cases-grow-cold-
victims-families-pain-remains-hot-opinion-1592989.
\8\Mirabile, When Police Fail to Solve Homicides, Families Carry
the Weight, The Trace (June 26, 2017), https://www.thetrace.org/2017/
06/police-fail-solve-homicides-families-carry-weight/.
---------------------------------------------------------------------------
In Oakland, California, over the last decade
``approximately 76% percent of the city's victims were black.
During that time, Oakland police made arrests in just 40% of
murder cases when the victim was black, compared to 80% when
the victim was white.''\9\ Other cities with a large Black
population had similar statistics. In 2016, the Baltimore
Police Department had a rate of ``36.7 percent of killings''
cleared, which was down from ``46.4 percent in 2011.''\10\
Likewise in 2017, in Chicago, the city with the most homicides
in the U.S., the police solved only one in six murders.\11\
Impoverished homicide victims and Black victims do not receive
the same attention to their cases from police as victims of
other socio-economic backgrounds or racial groups.
---------------------------------------------------------------------------
\9\Living with Impunity: Unsolved Murders in Oakland and the Human
Rights Impact on Victims' Family Members, Berkeley Law, https://
www.law.berkeley.edu/experiential/clinics/international-human-rights-
law-clinic/living-with-impunity-unsolved-oakland-murders/.
\10\Francesca Mirabile, When Police Fail to Solve Homicides,
Families Carry the Weight, The Trace (June 26, 2017), https://
www.thetrace.org/2017/06/police-fail-solve-homicides-families-carry-
weight/.
\11\Id.
---------------------------------------------------------------------------
Because of the current cold case police practices, families
often remain uninformed about the current state of the
investigation. Research found each homicide victim leaves
behind at least four surviving family members.\12\ Therefore,
unresolved murder cases impact millions of people in the United
States. In the case of the murder of Georgia Moses in 1997 in
Petaluma, California, the police cannot share any information
with her sister Angel Turner because the case, even though it
is cold, is ``technically still open.''\13\ Unless agency
policy specifically prohibits disclosing information on open
cases to the families of homicide victims, the decision to
divulge new findings in the case is left to the discretion of
individual officers. Because departments focus on current
crime, they may not reserve the time to ``investigate [old]
crimes, follow leads and return emails and phone calls.''\14\
This system of investigating cold cases leaves families to
wonder about updates in the case.
---------------------------------------------------------------------------
\12\Id.
\13\Rep. Eric Swalwell and Glenn Kirschner, Some Murder Cases Grow
Cold. For Victims' Families Remains Hot Opinion, Newsweek (May
19, 2021), https://swalwell.house.gov/media-center/in-the-news/some-
murder-cases-grow-cold-victims-families-pain-remains-hot.
\14\Rep. Eric Swalwell and Glenn Kirschner, Some Murder Cases Grow
Cold. For Victims' Families Remains Hot Opinion, Newsweek (May
19, 2021), https://www.newsweek.com/some-murder-cases-grow-cold-
victims-families-pain-remains-hot-opinion-1592989.
---------------------------------------------------------------------------
Research reveals surviving members experienced
victimization for a second time as ``law enforcement and other
agencies treated them with indifference--and even
hostility.''\15\ A University of California, Berkeley, School
of Law report found this experience to be worse for Black
families. These families face ``lackluster police
responsiveness and often disrespectful and discriminatory
treatment'' and ``checkered availability of crime-victim
services.''\16\ Additionally, strain between the police and a
victim's family intensifies the longer the case goes unsolved,
and the family loses trust in the criminal justice system. In
federal cases, H.R. 3359 provides families with the right to
receive updates on their loved one's homicide case. This aligns
with the Office of Justice Programs' ``National Best Practice
Guides for Implementing and Sustaining a Cold Case
Investigative Unit'' report that specified agencies must
develop ``a detailed plan for communication with victims and
victims' families in the cold case unit protocols'' and
``employ a victim-centered approach in the daily operations of
cold case investigations.''\17\
---------------------------------------------------------------------------
\15\Living with Impunity: Unsolved Murders in Oakland and the Human
Rights Impact on Victims' Family Members, Berkeley Law, https://
www.law.berkeley.edu/experiential/clinics/international-human-rights-
law-clinic/living-with-impunity-unsolved-oakland-murders/.
\16\Id.
\17\National Best Practices for Implementing and Sustaining a Cold
Case Investigation Unit, U.S. Dep't of Just., https://www.ojp.gov/
pdffiles1/nij/252016.pdf.
---------------------------------------------------------------------------
To find a new lead ``sometimes it takes another, fresh set
of eyes to discover a fact that was overlooked, or perhaps, a
new test can be run that was not available when the homicide
was first investigated.''\18\ The first detectives may have
overlooked or not connected pieces of evidence that other
detectives may identify. The phenomenon of ``online
sleuthing,'' where civilians comb through the internet looking
for leads, true crime podcasts and television shows, and non-
law enforcement personnel finding new evidence in homicide
cases serve as examples where a fresh perspective can help
break a case open.\19\ The ``passage of time can result in
important reasons to interview witnesses or investigate a case
entirely.''\20\ Because advances in science progress rapidly,
new technology could have been discovered and implemented in
the time since detectives last revisited the case. The Office
of Justice Programs reports ``advancements in DNA technology
are breathing new life into old, cold, or unsolved criminal
cases.''\21\ Investigators in California used new DNA
technology to apprehend the Golden State Killer, a case that
had remained cold for decades.
---------------------------------------------------------------------------
\18\Francesca Mirabile, When Police Fail to Solve Homicides,
Families Carry the Weight, The Trace (June 26, 2017), https://
www.thetrace.org/2017/06/police-fail-solve-homicides-families-carry-
weight/.
\19\Janaki Jitchotvisut, 8 times crimes were solved by the
internet, Insider (May 11, 2018), https://www.insider.com/crimes-
solved-by-people-online-2018-5.
\20\Francesca Mirabile, When Police Fail to Solve Homicides,
Families Carry the Weight, The Trace (June 26, 2017), https://
www.thetrace.org/2017/06/police-fail-solve-homicides-families-carry-
weight/.
\21\Using DNA to Solve Cold Cases, U.S. Dep't of Just. (July 2002),
https://www.ojp.gov/pdffiles1/nij/194197.pdf.
---------------------------------------------------------------------------
II. NEED FOR LEGISLATION
Low clearance rates and unsolved murders mean perpetrators
remain free and are not held legally accountable for their
crimes, leaving communities less safe. The director of the
National Network for Safe Communities at John Jay College of
Criminal Justice, David Kennedy, stated low clearance rates
causes ``people to take things into their own hands, which
leads to high levels of violence and low clearance rates. It is
a spiral of decline.''\22\ Vigilante justice is common after an
unsolved murder, compounding the number of unsolved cases and
violence. Likewise, research demonstrates that a violent
offender will likely repeat their crime.\23\ If law enforcement
does not apprehend perpetrators, they are likely to victimize
other people and further harm the community. Solving cold cases
prevents further violence.
---------------------------------------------------------------------------
\22\Francesca Mirabile, When Police Fail to Solve Homicides,
Families Carry the Weight, The Trace (June 26, 2017), https://
www.thetrace.org/2017/06/police-fail-solve-homicides-families-carry-
weight/.
\23\The Crisis of Cold Cases, U.S. Dep't of Just. (Jan. 9, 2020),
https://www.ojp.gov/files/archives/blogs/2019/crisis-cold-cases.
---------------------------------------------------------------------------
Low clearance rates help create a cyclical pattern of more
unsolved crimes. Kennedy highlighted ``low clearance rates mean
people have low confidence in the police, which leads to
reluctance to cooperate, which leads to low clearance
rates.''\24\ The public's faith in ``the criminal justice
system, and in law enforcement in particular, hinges on the
public's perception that laws will be enforced.''\25\
---------------------------------------------------------------------------
\24\Francesca Mirabile, When Police Fail to Solve Homicides,
Families Carry the Weight, The Trace (June 26, 2017), https://
www.thetrace.org/2017/06/police-fail-solve-homicides-families-carry-
weight/.
\25\National Best Practices for Implementing and Sustaining a Cold
Case Investigation Unit, U.S. Dep't of Just., https://www.ojp.gov/
pdffiles1/nij/252016.pdf.
---------------------------------------------------------------------------
Unsolved crimes financially burden police departments.
Increased caseloads drain department resources because officers
must allocate their attention between several cases instead of
intensely focusing on one. As these cases remain open, the
department funnels resources towards solving them. Thus, a
higher number of cases correlates to more money spent solving
them. In unsolved cases, police departments hemorrhage money
without a tangible result.
H.R. 3359 would grant relatives of homicide victims, under
federal law, the right to have their loved ones' case files
reviewed by the federal law enforcement agency with
jurisdiction over their case, after three years of the federal
case going cold. The bill guarantees that federal law
enforcement agents who have not investigated the case review
the file. Moreover, the three-year time frame from when the
case file originally opened allows more time for more witnesses
to come forward and the benefits of scientific discoveries to
help solve the case. This legislation also pushes for more
equitable case clearance rates by ensuring law enforcement
agencies examine and allot resources to each case to find new
probative leads. H.R. 3359 ensures federal law enforcement
remains responsive and accountable to victims and their family
while empowering the families of homicide victims. Families,
like the families of the four teenage girls brutally murdered
in an Austin, Texas yogurt shop 30 years ago, wait in anguish
wondering what happened to their loved one.\26\ H.R. 3359 also
provides families with a more victim-centered law enforcement
response. The bill would require federal law enforcement to
inform family members and similarly situated people of their
rights and to update them on any new findings uncovered by the
review. Families will be provided with a platform to know what
is happening with the case, without jeopardizing the case.
Finally, H.R. 3359 gives families of victims a sense of hope
that the police will continue investigating their loved ones'
cases and will help bring closure to families. It is a
practical solution that will result in increased murder charges
and closure for homicide victims' families.
---------------------------------------------------------------------------
\26\Cierra Bailey, Swalwell's newest bills address pandemic
response, homicide victims' families, Pleasanton Weekly (Jul. 25,
2021), https://www.pleasantonweekly.com/news/2021/07/25/swalwells-
newest-bills-address-pandemic-response-homicide-victims-families.
---------------------------------------------------------------------------
Hearings
The Committee did not hold any hearings related to H.R.
3359.
Committee Consideration
On December 8, 2021, the Committee met in open session and
ordered the bill, H.R. 3359 favorably reported with an
amendment in the nature of a substitute by a voice vote, a
quorum being present.
Committee Votes
No roll call votes occurred during the Committee's
consideration of H.R. 3359.
Committee Oversight Findings
In compliance with clause 3(c)(1) of House rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of House rule X, are incorporated in the descriptive portions
of this report.
Committee Estimate of Budgetary Effects
Pursuant to clause 3(d)(1) of House rule XIII, the
Committee adopts as its own the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
New Budget Authority and Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause (3)(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of the Congressional Budget
Office a budgetary analysis and a cost estimate of this bill.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House rule XIII, no provision
of H.R. 3359 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
House rule XIII, H.R. 3359 would improve the clearance rates
and reduce the backlog of federal homicide cases and ensure
federal law enforcement remains responsive and accountable to
homicide victims and their families.
Advisory on Earmarks
In accordance with clause 9 of House rule XXI, H.R. 3359
does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clause 9(d),
9(e), or 9(f) of House rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short Title. Section 1 sets forth the short title
of the bill as the ``Homicide Victims' Families' Rights Act of
2021.''
Sec. 2. Case File Review. Section 2 would set forth the
criteria for case file review of cold case murders by federal
law enforcement agencies that conducted initial investigations
of the cases. An applicable agency, upon receiving a completed
written application by one designated person, must determine if
a full reinvestigation would result in probative investigation
leads or a likely perpetrator. The person(s) reviewing the case
must not have previously investigated the murder. The review
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 yield information relevant to the investigation;
and (4) an update of the case file using the most current
investigative standards at the time of the case review to the
extent it would help probative leads.
Review is unnecessary where a case does not meet the
criteria for a cold case murder. An agency may issue a
certification stating that review is unnecessary because all
probative investigative leads have not been exhausted or a
likely perpetrator has not been identified.
An agency must confirm in writing receipt of the request
and within six months of receiving the application, complete
review of the case and determine whether a full reinvestigation
is warranted. An agency may extend their investigation past the
six-month limit if the agency makes a finding that the number
of case files to be reviewed make it unfeasible to comply with
the six-month limit without unreasonably taking resources from
other law enforcement activities. Extensions may not exceed six
months and the agency must notify one designated person, who
filed the application, of an extension and provide an
explanation of its reasoning. Only one review of the same cold
case may occur at a time.
Sec. 3. Application. Section 3 would mandate that each
agency develop a written application to be used by designated
persons to request a case file review.
Sec. 4. Full Reinvestigation. Section 4 would set forth the
requirements for a full reinvestigation. The applicable agency
shall conduct a full reinvestigation of the cold case murder at
issue if review of the case file concludes that a full
reinvestigation would result in probative investigation leads.
A full investigation of the cold case murder must include
analysis of all evidence for the purpose of developing
probative investigative leads or a likely perpetrator. The
person(s) conducting the full reinvestigation must not have
previously investigated the cold case murder at issue, except
for the case file review described in section 2. Only one full
reinvestigation may occur at a time with respect to the same
cold case murder victim.
Sec. 5. Consultation and Updates. Section 5 would set forth
that the applicable agency must consult with the designated
person who filed the written application and provide that
person with periodic updates during the case file review and
full reinvestigation. At the conclusion of the case file
review, the applicable agency must meet with the designated
person and discuss the evidence to explain its decision whether
to conduct a full reinvestigation under section 5.
Sec. 6. Subsequent Reviews. Section 6 would establish that
if a case file review is done and a conclusion is reached not
to conduct a full reinvestigation, no additional case file
review is required for five years, unless there is newly
discovered, materially significant new evidence. An agency may
continue an investigation without an immediate family member's
application.
If a full investigation is completed and a suspect is not
identified, no additional case file review or full
reinvestigation shall be undertaken for five years, unless
there is newly discovered, materially significant new evidence.
Sec. 7. Data Collection. Section 7 would require the
National Institute of Justice to publish statistics annually on
the number of cold cases beginning three years after the
enactment of this Act. The published statistics must at minimum
categorize the circumstances of the cold case, including the
classification of the offense, and agency.
Sec. 8. Procedures to Promote Compliance. Section 8 would
require the head of each Federal agency to enact regulations to
enforce the rights of designated persons to request a case file
review under section 2 and to ensure compliance by the agency
with the obligations described in this Act. The regulations
enacted must (1) designate an administrative authority within
the agency to receive and investigate complaints relating to
the provision or violation of the rights of designated persons;
(2) require a training course for employees and officers within
the agency regarding the procedures, responsibilities, and
obligations under this Act; (3) contain disciplinary sanctions,
including suspension or termination of employment, for
employees who willfully or wantonly fail to comply with this
Act; (4) establish a procedure for resolving complaints filed
by a designated person concerning the agency's handling of a
cold case murder investigation or case file evaluation; and (5)
provide that the head of the agency, or designee, is the final
arbiter of complaints, and that there will be no judicial
review of the head of the agency's final decision by a
complainant.
Sec. 9. Withholding Information. Section 9 would provide
that nothing in this Act will 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. Section 10 would set forth the
expectation of agency coordination and ensure agencies remain
compliant with the Act. If more than one agency conducted the
initial investigation of a cold case, each agency must
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 the
requirements that limit case reviews and full investigations to
only one at a time per cold case murder victim.
Sec. 11. Applicability. Section 11 specifies that the Act
applies in the case of any murder occurring on or after January
1, 1970.
Sec. 12. Definitions. Section 12 sets forth several
definitions applicable to the Act. A ``designated person'' is
an immediate family member, or someone similarly situated as
defined by DOJ. An ``immediate family member'' is a parent,
parent-in-law, grandparent, grandparent-in-law, sibling,
spouse, child, or stepchild of a murder victim. A ``victim'' is
a natural person who died because of a cold case murder. A
``murder'' is any criminal offense under 18 U.S.C. Section
1111(a), or any offense of which the elements are substantially
identical. ``Agency'' means a Federal law enforcement entity
with jurisdiction to engage in the detection, investigation, or
prosecution of a cold case murder. A ``cold case'' is a murder
committed more than three years prior to the date of the
application for case review, previously investigated by a
Federal law enforcement entity, for which all probative
investigative leads have been exhausted, and for which no
likely perpetrator has been identified.
Sec. 13. Annual Report. Section 13 requires each agency to
submit an annual report to the Senate and House Committees on
the Judiciary describing actions taken and results achieved
under this Act during the previous year. The report must
include the number of written applications filed, the number of
extensions granted and an explanation of the reasons why case
files reviews were extended past six months, the number of full
reinvestigations initiated and closed, and statistics and
individualized information, including identified suspects,
arrests, charges, and convictions in cold case murder
investigations under the Act.
[all]