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[DOCID: f:h1226ih.txt]
107th CONGRESS
1st Session
H. R. 1226
To provide grants to assist State and local prosecutors and law
enforcement agencies with implementing juvenile and young adult witness
assistance programs that minimize additional trauma to the witness and
improve the chances of successful criminal prosecution or legal action.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 27, 2001
Mr. Capuano (for himself, Mr. Baldacci, Ms. Berkley, Ms. Carson of
Indiana, Mrs. Christensen, Mr. Delahunt, Mr. Frank, Mr. Gonzalez, Mr.
Jackson of Illinois, Mrs. Jones of Ohio, Ms. Kaptur, Mr. Kildee, Ms.
Kilpatrick, Mr. Kucinich, Mr. Larson of Connecticut, Mr. LaTourette,
Mr. Lewis of Georgia, Mrs. Lowey, Mrs. Maloney of New York, Mr.
McGovern, Mr. Olver, Mr. Pascrell, Mr. Rangel, Mr. Sandlin, Ms.
Schakowsky, Mr. Shays, Mr. Smith of New Jersey, Mr. Tierney, Mr. Towns,
Ms. Waters, and Ms. Woolsey) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide grants to assist State and local prosecutors and law
enforcement agencies with implementing juvenile and young adult witness
assistance programs that minimize additional trauma to the witness and
improve the chances of successful criminal prosecution or legal action.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Young Witness Assistance Act of
2001''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Witness and victim intimidation at the juvenile and
young adult level is a serious, growing concern for State and
local prosecutors and law enforcement agencies.
(2) Each year, thousands of young people witness violent
crimes such as assaults, robbery, homicide, domestic violence,
and sexual abuse.
(3) In many cases, the lack of juvenile and young adult
witness participation has seriously impeded efforts to bring
violent perpetrators to justice.
(4) Prosecutors and police officers have become
increasingly frustrated by their inability to prosecute cases
successfully when young witnesses refuse to testify because
they fear retaliation by the defendant, or the defendant's
family or friends.
(5) Factors that contribute to the reluctance of young
witnesses to step forward include--
(A) the fear and trauma associated with witnessing
a violent crime;
(B) a personal connection with the perpetrator or
their associates;
(C) geographic proximity to the perpetrator; and
(D) membership in a culturally vulnerable group.
(6) The cooperation and participation of young victims and
witnesses in the criminal justice process, from crime reporting
through prosecution, are essential to the successful operation
of the criminal justice system.
(7) Though most States have witness assistance programs,
very few, if any, have adequate resources to address the unique
needs associated with juvenile and young adult witnesses.
(b) Purpose.--The purpose of this Act is to encourage and promote
the creation and development of policies and programs by State and
local prosecutors and law enforcement authorities that provide
assistance to juvenile and young adult witnesses who cooperate with
efforts to bring violent criminals to justice.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Director.--The term ``Director'' means the Director of
the Bureau of Justice Assistance.
(2) Juvenile.--The term ``juvenile'' means an individual
who is 17 years of age or younger.
(3) Young adult.--The term ``young adult'' means an
individual who is between the ages of 18 and 21.
(4) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands.
SEC. 4. PROGRAM AUTHORIZATION.
The Director may make grants to State and local prosecutors and law
enforcement agencies in support of juvenile and young adult witness
assistance programs, including State and local prosecutors and law
enforcement agencies that have existing juvenile and adult witness
assistance programs.
SEC. 5. ELIGIBILITY.
To be eligible to receive a grant under this Act, State and local
prosecutors and law enforcement officials shall--
(1) submit an application to the Director in such form and
containing such information as the Director may reasonably
require; and
(2) give assurances that each applicant has developed, or
is in the process of developing, a witness assistance program
that specifically targets the unique needs of juvenile and
young adult witnesses and their families.
SEC. 6. USE OF FUNDS.
Grants made available under this Act may be used--
(1) to assess the needs of juvenile and young adult
witnesses;
(2) to develop appropriate program goals and objectives;
and
(3) to develop and administer a variety of witness
assistance services, which includes--
(A) counseling services to young witnesses dealing
with trauma associated in witnessing a violent crime;
(B) pre- and post-trial assistance for the youth
and their family;
(C) providing education services if the child is
removed from or changes their school for safety
concerns;
(D) protective services for young witnesses and
their families when a serious threat of harm from the
perpetrators or their associates is made; and
(E) community outreach and school-based initiatives
that stimulate and maintain public awareness and
support.
SEC. 7. REPORTS.
(a) Report.--State and local prosecutors and law enforcement
agencies that receive funds under this Act shall submit to the Director
a report not later than May 1st of each year in which grants are made
available under this Act. Reports shall describe progress achieved in
carrying out the purpose of this Act.
(b) Report to Congress.--The Director shall submit to Congress a
report by July 1st of each year which contains a detailed statement
regarding grant awards, activities of grant recipients, a compilation
of statistical information submitted by applicants, and an evaluation
of programs established under this Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$3,000,000 for each of fiscal years 2002, 2003, and 2004.
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