Sec. 212. VICTIMS’ RIGHTS ASSOCIATED WITH HABEAS CORPUS PROCEEDINGS

277 words·~1 min read·/statute-compilations/comps-12611/sec-212

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## 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.” > .