Senate passes bill giving federal crime victims right to be heard at offenders' trials

<br>WASHINGTON (AP) _ One day of work accomplished what almost a decade of negotiating couldn&#39;t as the Senate overwhelmingly approved a bill that would give crime victims the right to speak out at

Friday, April 23rd 2004, 12:00 am

By: News On 6



WASHINGTON (AP) _ One day of work accomplished what almost a decade of negotiating couldn't as the Senate overwhelmingly approved a bill that would give crime victims the right to speak out at criminals' parole, plea and sentencing hearings.

The legislation ``will help level the playing field for crime victims by finally giving them a voice in proceedings that so directly impact their lives,'' said Sen. Jon Kyl, R-Ariz., who along with Sen. Dianne Feinstein, D-Calif., has been pushing for victims' rights legislation since 1996.

They had been unsuccessfully trying since 1996 to push through a constitutional amendment guaranteeing crime victims notification of significant events that determine what happens to the accused, including parole proceedings and plea bargains.

But when they discovered Wednesday that they didn't have the support, they took the constitutional amendment and turned it into legislation, which passed the Senate 96-1 on Thursday.

``While criminal defendants have an array of rights under law, crime victims have few meaningful rights,'' Feinstein added. ``This legislation will ensure that victims of crime in America are included in the criminal justice process.''

Under the Senate legislation, federal crime victims would be guaranteed notification of significant events that determine what happens to the accused, including parole proceedings and plea bargains. They would also have the right to be heard at those public events, whether they involves a release, plea, sentencing, reprieve or pardon.

Since the bill was introduced only Wednesday, House members said they had not yet had a chance to see the final version. Still, ``I think the prospects are pretty good to get it through the House this year, and certainly the president, having supported the constitutional amendment, will be glad to sign the bill,'' Kyl said.

White House spokeswoman Claire Buchan said Wednesday that President Bush ``believes that victims' rights need to be protected.''

A constitutional amendment would have required all states to follow the federal government's wishes. The bill passed by the Senate would only apply to federal crimes and federal courts.

There are 5 million victims of violent crime a year, and legislation _ instead of a constitutional amendment _ means only 1 percent of those victims will be able to use the federal law because their cases would be in federal court, Kyl said.

But ``the reality is that this year we probably could not get the 67 votes in the United States Senate to adopt a federal constitutional amendment, so as a result we decided that is better to try a federal statutory solution,'' he said.

The bill applies to all federal crimes, Kyl said, so violent crime victims won't be the only one who can use the rights if they become law.

Senators will watch closely to see if the legislation works, and if it doesn't, they'll try the constitutional amendment again, Feinstein said.

The Justice Department will get $43 million for enforcement and to encourage states to provide the same rights in state law.

All 50 states and the federal government have laws guaranteeing some rights for crime victims. In addition, 33 states have constitutional amendments.

Congress in 1984 passed the Victims of Crime Act, which directs funds to law enforcement agencies, domestic violence shelter programs, rape crisis centers and other agencies to provide direct services to crime victims.

A 1988 amendment to that act established the Justice Department's Office for Victims of Crime, which serves as a clearinghouse for information on how to help victims and distributes federal aid to state programs that compensate crime victims.

The one senator to vote against the bill was Democratic Sen. Ernest ``Fritz'' Hollings of South Carolina.
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