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DOJ/LA | RIN: 1105-AB70 | Publication ID: Fall 2023 |
Title: Implementation of the Homicide Victims' Families' Rights Act | |
Abstract:
In August 2022 the Homicide Victims’ Families’ Rights Act, Public Law 117-164, was signed into law. The law authorizes a designated family member of a murder victim to request that the investigating agency review the case. The statute sets five requirements for qualifying cases: the crime violated 18 U.S.C. 1111(a) or an offense with substantially identical elements; the murder occurred more than 3 years ago; the crime was previously investigated by a federal law enforcement entity; all probative investigative leads have been exhausted; and a likely perpetrator has not been identified. The legislation requires the Department, as well as any other federal law enforcement agency with jurisdiction to investigate a cold case murder to promulgate regulations to enforce the Act within one year of its enactment. The regulations must: (1) designate an administrative authority within the agency to receive and investigate complaints relating to a review under the Act; (2) require training on the obligations under the Act; (3) contain disciplinary sanction for employees found to have willfully or wantonly violated the Act; (4) provide a procedure for the resolution of complaints; and (5) provide that the head of the agency, or the designee thereof, shall be the final arbiter of the complaint, and that there shall be no judicial review of the final decision of the head of the agency by a complainant. |
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Agency: Department of Justice(DOJ) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations.) | |
Legal Authority: Pub. L. 117-164 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Federalism: No | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: David J. Karp Senior Counsel Department of Justice Legal Activities Office of Legal Policy, Room 4509, 950 Pennsylvania Avenue NW, Washington, DC 20530 Phone:202 514-3273 |