Page:United States Statutes at Large Volume 108 Part 3.djvu/326

 108 STAT. 2078 PUBLIC LAW 103-322—SEPT. 13, 1994 United States on April 29, 1994, shall take effect on December 1, 1994, as otherwise provided by law, but with the following amendments: (b) IN GENERAL. —Rule 32 of the Federal Rules of Criminal 18 USC app. Procedure is amended by— (1) striking "and" following the semicolon in subdivision (c)(3)(C); (2) striking the period at the end of subdivision (c)(3)(D) and inserting "; and"; (3) inserting after subdivision (c)(3)(D) the following: "(E) if sentence is to be imposed for a crime of violence or sexual abuse, address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement or present any information in relation to the sentence."; (4) in subdivision (c)(3)(D), striking "equivalent opportunity" and inserting in lieu thereof "opportunity equivalent to that of the defendant's counsel"; (5) in the last sentence of subdivision (c)(4), striking "and (D)" and inserting "(D), and (E)"; (6) in the last sentence of subdivision (c)(4), inserting "the victim," before "or the attorney for the Government."; and (7) adding at the end the following: "(0 DEFINITIONS. — For purposes of this rule— "(1) Victim' means any individual against whom an offense has been committed for which a sentence is to be imposed, but the right of allocution under subdivision (c)(3)(E) may be exercised instead by— "(A) a parent or legal guardian if the victim is below the age of eighteen years or incompetent; or "(B) one or more family members or relatives designated by the court if the victim is deceased or incapacitated; if such person or persons are present at the sentencing hearing, regardless of whether the victim is present; and "(2) 'crime of violence or sexual abuse' means a crime that involved the use or attempted or threatened use of physical force against the person or property of another, or a crime under chapter 109A of title 18, United States Code.". (c) EFFECTIVE DATE.—The amendments made by subsection (b) shall become effective on December 1, 1994. SEC. 230102. SENSE OF THE SENATE CONCERNING THE RIGHT OF A VICTIM OF A VIOLENT CRIME OR SEXUAL ABUSE TO SPEAK AT AN OFFENDER'S SENTENCING HEARING AND ANY PAROLE HEARING. It is the sense of the Senate that— (1) the law of a State should provide for a victim's right of allocution at a sentencing hearing and at any parole hearing if the offender has been convicted of a crime of violence or sexual abuse; (2) such a victim should have an opportunity equivalent to the opportunity accorded to the offender to address the sentencing court or parole board and to present information in relation to the sentence imposed or to the early release of the offender; and

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