Sexual Violence Prevention and Victim's Rights Act of 1995

Summary

TABLE OF CONTENTS: Title I: Equal Protection for Victims Title II: Sexual Violence, Domestic Violence, and Offenses Against the Family Sexual Violence Prevention and Victim's Rights Act of 1995 - Title I: Equal Protection for Victims - Amends the Federal criminal code to require (current law authorizes) the court to order restitution of the victim when a convicted defendant is being sentenced for specified offenses. Authorizes a court to order restitution of any person who was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the offense or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Sets forth provisions regarding: (1) consideration of the offender's financial assets and obligations; (2) the form of payments; (3) situations involving multiple offenders or victims; (4) compensation for losses from insurance or other sources; (5) setoffs against amounts later recovered as compensatory damages; and (6) enforcement of restitution orders. Amends: (1) rule 24 of the Federal Rules of Criminal Procedure to entitle each side to six peremptory challenges if the offense charged is punishable by imprisonment for more than one year; (2) rule 32 regarding the victim's right of allocution in sentencing; and (3) rule 404 of the Federal Rules of Evidence (FRE) regarding rebuttal of attacks on the victim's character. Enacts Rules of Professional Conduct for Lawyers in Federal Practice. Amends the Federal criminal code to repeal a requirement that notice of release of prisoners be used solely for law enforcement purposes. Amends the Federal judicial code regarding the balance in the composition of rules committees. Title II: Sexual Violence, Domestic Violence, and Offenses Against the Family - Repeals specified provisions of the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) with respect to evidence of similar acts in civil cases concerning sexual assault or child molestation. Provides that the amendments not repealed (making such evidence admissible under certain circumstances) shall take effect on the date of this Act's enactment. Requires: (1) the testing of defendants for the human immunodeficiency virus (HIV) in sexual assault cases, with exceptions, with disclosure of the results to the court, the victim, the attorney for the Government, and the person tested; and (2) the U.S. Sentencing Commission to amend existing guidelines for sex crime offenses to enhance the sentence if the offender knew that he was infected with HIV, with exceptions. Revises the VCCLEA to authorize the Government (currently, limited to the victim) to obtain an order requiring that the defendant be tested for the presence of the etiologic agent for acquired immune deficiency syndrome and that the results be communicated to the victim's parent or legal guardian, as appropriate (currently, limited to the victim and the defendant). Revises requirements to be met by the victim to obtain an order for such test. Amends FRE: (1) 404 regarding evidence of the defendant's disposition towards the victim in domestic violence and other cases; and (2) 702 regarding battered women's syndrome evidence. Amends the Federal criminal code to provide for the death penalty for fatal domestic violence offenses.

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3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 6 April 1995

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 6 April 1995

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• Introduced in Senate

  summary · EN · 6 April 1995

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