Sec. 3. Protecting child victims and witnesses in Federal court
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/bill/118/s/1199/is/section-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3509 of title 18, United States Code, is amended— in subsection (a)— in paragraph (2)(A), by striking or exploitation and inserting exploitation, or kidnapping, including international parental kidnapping ; in paragraph (3), by striking physical or mental injury and inserting physical injury, psychological abuse ; by striking paragraph
(5)and inserting the following: the term psychological abuse includes— a pattern of acts, threats of acts, or coercive tactics intended to degrade, humiliate, intimidate, or terrorize a child; and the infliction of trauma on a child through— isolation; the withholding of food or other necessities in order to control behavior; physical restraint; or the confinement of the child without the child's consent and in degrading conditions; ; in paragraph (6), by striking child prostitution and inserting child sex trafficking ; by striking paragraph
(7)and inserting the following: the term multidisciplinary child abuse team means a professional unit of individuals working together to investigate child abuse and provide assistance and support to a victim of child abuse, composed of representatives from— health, social service, and legal service agencies that represent the child; law enforcement agencies and prosecutorial offices; and children's advocacy centers; ; in paragraph (9)(D)— by striking genitals and inserting anus, genitals, ; and by striking or animal ; in paragraph (11), by striking and at the end; in paragraph (12)— by striking the term and inserting child abuse does not the terms ; and physical injury and psychological abuse do not by striking the period and inserting a semicolon; and by adding at the end the following: the term covered person means a person of any age who— is or is alleged to be— a victim of a crime of physical abuse, sexual abuse, exploitation, or kidnapping, including international parental kidnapping; or a witness to a crime committed against another person; and was under the age of 18 when the crime described in subparagraph
(A)was committed; and the term protected information , with respect to a covered person, includes— personally identifiable information of the covered person, including— the name of the covered person; an address; a phone number; a user name or identifying information for an online, social media, or email account; and any information that can be used to distinguish or trace the identity of the covered person, either alone or when combined with other information that is linked or linkable to the covered person; medical, dental, behavioral, psychiatric, or psychological information of the covered person; educational or juvenile justice records of the covered person; and any other information concerning the covered person that is deemed protected information by order of the court under subsection (d)(5). ; in subsection (b)— in paragraph (1)(C), by striking minor and inserting child ; and in paragraph (2)— in the heading, by striking and inserting Videotaped ; Recorded in subparagraph (A), by striking that the deposition be recorded and preserved on videotape and inserting that a video recording of the deposition be made and preserved ; in subparagraph (B)— in clause (ii), by striking that the child's deposition be taken and preserved by videotape and inserting that a video recording of the child's deposition be made and preserved ; in clause (iii)— in the matter preceding subclause (I), by striking videotape and inserting recorded ; and in subclause (IV), by striking videotape and inserting recording ; and in clause (v)— in the heading, by striking and inserting videotape ; video recording in the first sentence, by striking made and preserved on video tape and inserting recorded and preserved ; and in the second sentence, by striking videotape and inserting video recording ; in subparagraph (C), by striking child's videotaped and inserting video recording of the child's ; in subparagraph (D)— by striking videotaping and inserting deposition ; and by striking videotaped and inserting recorded ; in subparagraph (E), by striking videotaped and inserting recorded ; and in subparagraph (F), by striking videotape each place the term appears and inserting video recording ; in subsection (d)— in paragraph (1)(A)— in clause (i), by striking the name of or any other information concerning a child and inserting a covered person's protected information ; and in clause (ii)— by striking documents described in clause
(i)or the information in them that concerns a child and inserting a covered person’s protected information ; and by striking , have reason to know such information and inserting (including witnesses or potential witnesses), have reason to know each item of protected information to be disclosed ; in paragraph (2)— by striking the name of or any other information concerning a child each place the term appears and inserting a covered person’s protected information ; by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (ii), respectively, and adjusting the margins accordingly; by striking All papers and inserting the following: All papers ; and by adding at the end the following: The court may address a violation of subparagraph
(A)in the same manner as disobedience or resistance to a lawful court order under section 401(3). ; in paragraph (3)— in subparagraph (A)— by striking a child from public disclosure of the name of or any other information concerning the child and inserting a covered person's protected information from public disclosure ; and by striking , if the court determines that there is a significant possibility that such disclosure would be detrimental to the child ; in subparagraph (B)— in clause (i)— by striking a child witness, and the testimony of any other witness and inserting any witness ; and by striking the name of or any other information concerning a child and inserting the covered person's protected information ; and in clause (ii), by striking child and inserting covered person ; and by adding at the end the following: For purposes of this paragraph, there shall be a presumption that public disclosure of a covered person’s protected information would be detrimental to the covered person. The court shall deny a motion for a protective order under subparagraph
(A)only if the court finds that the party opposing the motion has rebutted the presumption under clause
(i)of this subparagraph. ; in paragraph (4)— by striking This subsection and inserting the following: This subsection ; in subparagraph (A), as so designated— by striking the name of or other information concerning a child and inserting a covered person's protected information ; and by striking or an adult attendant, or to and inserting an adult attendant, a law enforcement agency for any intelligence or investigative purpose, or ; and by adding at the end the following: If any party requests public disclosure of a covered person’s protected information to further a public interest, the court shall deny the request unless the court finds that— the party seeking disclosure has established that there is a compelling public interest in publicly disclosing the covered person’s protected information; there is a substantial probability that the public interest would be harmed if the covered person’s protected information is not disclosed; the substantial probability of harm to the public interest outweighs the harm to the covered person from public disclosure of the covered person’s protected information; and there is no alternative to public disclosure of the covered person’s protected information that would adequately protect the public interest. ; and by adding at the end the following: The court may order that information shall be considered to be protected information for purposes of this subsection if the court finds that the information is sufficiently personal, sensitive, or identifying that it should be subject to the protections and presumptions under this subsection. ; by striking subsection
(f)and inserting the following: In preparing the presentence report pursuant to rule 32(c) of the Federal Rules of Criminal Procedure, the probation officer shall request information from the multidisciplinary child abuse team, if applicable, or other appropriate sources to determine the impact of the offense on a child victim and any other children who may have been affected by the offense. A guardian ad litem appointed under subsection
(h)shall— make every effort to obtain and report information that accurately expresses the views of a child victim, and the views of family members as appropriate, concerning the impact of the offense; and use forms that permit a child victim to express the child's views concerning the personal consequences of the offense, at a level and in a form of communication commensurate with the child's age and ability. ; in subsection (h), by adding at the end the following: There is authorized to be appropriated to the United States courts to carry out this subsection $25,000,000 for each fiscal year. Payments from appropriations authorized under subparagraph
(A)shall be made under the supervision of the Director of the Administrative Office of the United States Courts. ; in subsection (i)— by striking A child testifying at or attending a judicial proceeding and inserting the following: A child testifying at a judicial proceeding, including in a manner described in subsection (b), ; in paragraph (1), as so designated— in the third sentence, by striking proceeding and inserting testimony ; and by striking the fifth sentence; and by adding at the end the following: If the adult attendant is in close physical proximity to or in contact with the child while the child testifies— at a judicial proceeding, a video recording of the adult attendant shall be made and shall become part of the court record; or in a manner described in subsection (b), the adult attendant shall be visible on the closed-circuit television or in the recorded deposition. A covered person shall have the right to be accompanied by an adult attendant when attending any judicial proceeding. ; in subsection (j)— by striking child each place the term appears and inserting covered person ; and in the fourth sentence— by striking and the potential and inserting the potential ; by striking child's and inserting covered person's ; and by inserting before the period at the end the following: , and the necessity of the continuance to protect the defendant's rights ; in subsection (k), by striking child each place the term appears and inserting covered person ; and in subsection (l), by striking child each place the term appears and inserting covered person . The amendments made by this section shall apply to conduct that occurred before, on, or after the date of enactment of this Act.