Page:United States Statutes at Large Volume 118.djvu/2292

 118 STAT. 2262 PUBLIC LAW 108–405—OCT. 30, 2004 ‘‘(b) RIGHTS AFFORDED.—In any court proceeding involving an offense against a crime victim, the court shall ensure that the crime victim is afforded the rights described in subsection (a). Before making a determination described in subsection (a)(3), the court shall make every effort to permit the fullest attendance pos sible by the victim and shall consider reasonable alternatives to the exclusion of the victim from the criminal proceeding. The rea sons for any decision denying relief under this chapter shall be clearly stated on the record. ‘‘(c) BEST EFFORTS TO ACCORD RIGHTS.— ‘‘(1) GOVERNMENT.—Officers and employees of the Depart ment of Justice and other departments and agencies of the United States engaged in the detection, investigation, or prosecution of crime shall make their best efforts to see that crime victims are notified of, and accorded, the rights described in subsection (a). ‘‘(2) ADVICE OF ATTORNEY.—The prosecutor shall advise the crime victim that the crime victim can seek the advice of an attorney with respect to the rights described in subsection (a). ‘‘(3) NOTICE.—Notice of release otherwise required pursuant to this chapter shall not be given if such notice may endanger the safety of any person. ‘‘(d) ENFORCEMENT AND LIMITATIONS.— ‘‘(1) RIGHTS.—The crime victim or the crime victim’s lawful representative, and the attorney for the Government may assert the rights described in subsection (a). A person accused of the crime may not obtain any form of relief under this chapter. ‘‘(2) MULTIPLE CRIME VICTIMS.—In a case where the court finds that the number of crime victims makes it impracticable to accord all of the crime victims the rights described in sub section (a), the court shall fashion a reasonable procedure to give effect to this chapter that does not unduly complicate or prolong the proceedings. ‘‘(3) MOTION FOR RELIEF AND WRIT OF MANDAMUS.—The rights described in subsection (a) shall be asserted in the dis trict court in which a defendant is being prosecuted for the crime or, if no prosecution is underway, in the district court in the district in which the crime occurred. The district court shall take up and decide any motion asserting a victim’s right forthwith. If the district court denies the relief sought, the movant may petition the court of appeals for a writ of man damus. The court of appeals may issue the writ on the order of a single judge pursuant to circuit rule or the Federal Rules of Appellate Procedure. The court of appeals shall take up and decide such application forthwith within 72 hours after the petition has been filed. In no event shall proceedings be stayed or subject to a continuance of more than five days for purposes of enforcing this chapter. If the court of appeals denies the relief sought, the reasons for the denial shall be clearly stated on the record in a written opinion. ‘‘(4) ERROR.—In any appeal in a criminal case, the Govern ment may assert as error the district court’s denial of any crime victim’s right in the proceeding to which the appeal relates. ‘‘(5) LIMITATION ON RELIEF.—In no case shall a failure to afford a right under this chapter provide grounds for a Deadline. Notification.

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