Page:United States Statutes at Large Volume 118.djvu/2293

 118 STAT. 2263 PUBLIC LAW 108–405—OCT. 30, 2004 new trial. A victim may make a motion to re open a plea or sentence only if— ‘‘(A) the victim has asserted the right to be heard before or during the proceeding at issue and such right was denied; ‘‘(B) the victim petitions the court of appeals for a writ of mandamus within 10 days; and ‘‘(C) in the case of a plea, the accused has not pled to the highest offense charged. This paragraph does not affect the victim’s right to restitution as provided in title 18, United States Code.’’. ‘‘(6) NO CAUSE OF ACTION.—Nothing in this chapter shall be construed to authorize a cause of action for damages or to create, to enlarge, or to imply any duty or obligation to any victim or other person for the breach of which the United States or any of its officers or employees could be held liable in damages. Nothing in this chapter shall be construed to impair the prosecutorial discretion of the Attorney General or any officer under his direction. ‘‘(e) DEFINITIONS.—For the purposes of this chapter, the term ‘crime victim’ means a person directly and proximately harmed as a result of the commission of a Federal offense or an offense in the District of Columbia. In the case of a crime victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the crime victim or the representatives of the crime victim’s estate, family members, or any other persons appointed as suitable by the court, may assume the crime victim’s rights under this chapter, but in no event shall the defendant be named as such guardian or representative. ‘‘(f) PROCEDURES TO PROMOTE COMPLIANCE.— ‘‘(1) REGULATIONS.—Not later than 1 year after the date of enactment of this chapter, the Attorney General of the United States shall promulgate regulations to enforce the rights of crime victims and to ensure compliance by responsible officials with the obligations described in law respecting crime victims. ‘‘(2) CONTENTS.—The regulations promulgated under para graph (1) shall— ‘‘(A) designate an administrative authority within the Department of Justice to receive and investigate complaints relating to the provision or violation of the rights of a crime victim; ‘‘(B) require a course of training for employees and offices of the Department of Justice that fail to comply with provisions of Federal law pertaining to the treatment of crime victims, and otherwise assist such employees and offices in responding more effectively to the needs of crime victims; ‘‘(C) contain disciplinary sanctions, including suspen sion or termination from employment, for employees of the Department of Justice who willfully or wantonly fail to comply with provisions of Federal law pertaining to the treatment of crime victims; and ‘‘(D) provide that the Attorney General, or the designee of the Attorney General, shall be the final arbiter of the complaint, and that there shall be no judicial review of the final decision of the Attorney General by a complain ant.’’. Deadline.

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