Pub. L. 109-248, tit. II, sec. 212 (as amended)

VICTIMS’ RIGHTS ASSOCIATED WITH HABEAS CORPUS PROCEEDINGS.

Year: 2024Length: 222 wordsOfficial source
SEC. 212. VICTIMS’ RIGHTS ASSOCIATED WITH HABEAS CORPUS PROCEEDINGS. Section 3771(b) of title 18, United States Code, is amended— (1) by striking “In any court proceeding” and inserting the following: “(1) In General.—In any court proceeding” ; and (2) by adding at the end the following: “(2) Habeas corpus proceedings.— “(A) In general.—In a Federal habeas corpus proceeding arising out of a State conviction, the court shall ensure that a crime victim is afforded the rights described in paragraphs (3), (4), (7), and (8) of subsection (a). “(B) Enforcement.— “(i) In general.—These rights may be enforced by the crime victim or the crime victim’s lawful representative in the manner described in paragraphs (1) and (3) of subsection (d). “(ii) Multiple victims.—In a case involving multiple victims, subsection (d)(2) shall also apply. “(C) Limitation.—This paragraph relates to the duties of a court in relation to the rights of a crime victim in Federal habeas corpus proceedings arising out of a State conviction, and does not give rise to any obligation or requirement applicable to personnel of any agency of the Executive Branch of the Federal Government. “(D) Definition.—For purposes of this paragraph, the term ‘crime victim’ means the person against whom the State offense is committed or, if that person is killed or incapacitated, that person’s family member or other lawful representative.” .
Pub. L. 109-248, tit. II, sec. 212 (as amended): VICTIMS’ RIGHTS ASSOCIATED WITH HABEAS CORPUS PROCEEDINGS. | Justis AI