Washington, DC — U.S. Representatives Lucy McBath (GA-07) and Harriet Hageman (WY-At-Large) and U.S. Senators John Cornyn (R-TX), Richard Blumenthal (D-CT), Marsha Blackburn (R-TN), and Sheldon Whitehouse (D-RI) released the following statements after their Victims’ Voices Outside and Inside the Courtroom Effectiveness (Victims’ VOICES) Act passed the House and now heads to the President’s desk. The law will ensure family members, legal guardians, and those appointed by the court who act on behalf of a victim during certain criminal court case proceedings receive restitution from convicted defendants for costs like transportation, lost income, and child care that they incur.
“The devastation and hardship in the aftermath of a crime can have ripple effects across a victim’s entire support network. Families may face significant challenges of their own when assisting a loved one as they seek to heal from a traumatic event,” said Rep. McBath. “I am proud to see this important bill pass both chambers of Congress. We are one step closer to ensuring that a parent, guardian, or court-appointed individual is guaranteed eligibility for restitution if they must assume the rights of the victim they are supporting.”
“Under current federal law, those convicted of a crime may be required to pay restitution to their victim, however a person assuming rights for a victim, such as a husband, wife, mother, or father, may not be eligible for restitution, even when they play a necessary role in the legal process,” said Rep. Hageman. “This has been a far too common issue in crimes of violence and in tribal communities where locating and protecting missing and exploited women and children is a major challenge. The bipartisan and bicameral Victims’ VOICES Act will finally address this injustice and strengthen the ability to care for victims while effectively prosecuting criminals.”
“Family members of violent crime victims, including children and those who have died, should be reimbursed for the financial burden they take on to achieve justice for their loved ones,” said Sen. Cornyn. “This legislation would make victims’ representatives whole by ensuring they receive restitution from convicted criminals, and I urge the President to sign it into law without delay.”
“Victims and their loved ones face tremendous hardship in the aftermath of violent crimes, and costly fees incurred while seeking justice only add to this stress,” said Sen. Blumenthal. “The Victims’ Voices Outside and Inside the Courtroom Effectiveness Act ensures that those acting on behalf of victims receive fair and full compensation, lightening the burden for victims and their families and making it easier to fully access justice. I applaud passage of this bill in the House and urge President Biden to sign it into law swiftly.”
“Under federal law, those convicted of certain crimes are required to pay restitution to their victims – helping cover necessary expenses such as medical care,” said Sen. Blackburn. “However, that is not the case for a person assuming the rights of a victim who is a minor, deceased or unable to act for themselves. This is important legislation to ensure all victims receive the justice they deserve.”
“The road to recovery after a violent crime can be costly for both victims and their loved ones who support them,” said Sen. Whitehouse. “Our bipartisan legislation would expand restitution coverage to ensure families of victims are financially supported while holding perpetrators accountable and seeking justice.”
Background:
The Mandatory Victims Restitution Act, which was signed into law in 1996, requires defendants convicted of certain crimes, including violent crimes, to pay restitution to their victims. The restitution can cover a number of costs, including transportation, lost income, and childcare costs incurred while participating in the investigation or prosecution of the offense as well as medical and nonmedical care and treatment and associated costs. In the case of a victim who is a minor, deceased, incapacitated, or otherwise not capable of acting on his or her own behalf, a family member, legal guardian, or a person appointed by the court may “assume” the victim’s rights.
In many jurisdictions, individuals acting on a victim’s behalf have been precluded from receiving restitution for their own lost income, transportation, childcare, and other costs. This imposes a significant hardship on the victim’s representative and a barrier to vindicating the victim’s rights. The Victims’ VOICES Act would amend existing law to clarify that a person who acts on behalf of a victim is eligible to receive restitution for the expenses associated with participating in the investigation or prosecution of the offense, attending related court proceedings, or transporting a victim to receive medical, therapy, rehabilitation, or other services.
This legislation is endorsed by the National District Attorneys Association, Raven, National Children’s Alliance, Major County Sheriffs of America, the Rape, Abuse, and Incest National Network (RAINN), National Native American Law Enforcement Association, and the National Organization for Victim Advocacy (NOVA).