Sec. 2. Rights of survivors of violence
403 words·~2 min read·
/bill/119/hr/8426/ih/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It is the sense of the Congress that each State should review and revise, if necessary, its laws to ensure that survivors of violence receive the healing, safety, and support they require after a victimization, taking into account the following: A survivor of violence should be accorded the following rights: A right to trusted and accessible community-based help to heal from trauma, including for adult and minor survivors. A right to programs that offer emergency and flexible financial help quickly, without burdensome administrative or exclusionary restrictions.
A right to stable housing, including the right to break a lease without penalty, or be protected from eviction. A right to paid and job-protected leave time off from work to address safety, medical, financial, emotional, and other recovery, healing, and safety needs related to the victimization. A right to debt forgiveness and financial recovery in the case of a debt that is related to the victimization. A right to legal assistance related to housing, job, immigration, or family legal issues.
A right to request and access community-based alternative accountability or resolution processes, instead of prosecution in the criminal justice system. A right to protection from arrest or conviction for survivors criminalized as a result of victimization, and to mitigated sentencing and record clearance for convicted survivors whose offense was related to trauma. The rights of a survivor of violence under paragraph
(1)should not be contingent on or in any way limited or restricted by the following: A condition that the survivor or anyone else has reported the victimization to a law enforcement agency, court, or other local, State, or Federal agency designated to investigate or prosecute crimes, abuse, or violence. A condition that the survivor or a family member of the survivor cooperate with a law enforcement agency, court, or other local, State, or Federal agency designated to investigate or prosecute crimes, abuse, or violence. A survivor’s race, religion, national origin, sex, age, disability, sexual orientation, gender identity, marital status, immigration status, housing status, economic status, or family status. Whether a survivor has an arrest or conviction record, is or has been incarcerated, or is or has been under any form of correctional supervision. Any allegation that the survivor contributed to the survivor’s own victimization. The identity of the person who committed the act of the violence (including whether the person is a law enforcement officer) or the relationship of the person to the victim.