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Title 18 — Crimes and Criminal Procedure

Part II · Chapter 223 — Witnesses and Evidence

§ 3510. Rights of victims to attend and observe trial

Statutory text

(a)

Non-Capital Cases.—

Notwithstanding any statute, rule, or other provision of law, a United States district court shall not order any victim of an offense excluded from the trial of a defendant accused of that offense because such victim may, during the sentencing hearing, make a statement or present any information in relation to the sentence.

(b)

Capital Cases.—

Notwithstanding any statute, rule, or other provision of law, a United States district court shall not order any victim of an offense excluded from the trial of a defendant accused of that offense because such victim may, during the sentencing hearing, testify as to the effect of the offense on the victim and the victim’s family or as to any other factor for which notice is required under section 3593(a).

(c)

Definition.—

As used in this section, the term “victim” includes all persons defined as victims in section 503(e)(2) of the Victims’ Rights and Restitution Act of 1990.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Victim Rights Clarification Act of 1997

    Pub. L. 105–6 § 2(a) · 111 Stat. 12

    Enacted · 18 U.S.C. § 3510

    (Added Pub. L. 105–6, § 2(a), Mar. 19, 1997, 111 Stat. 12.)

    Source evidence

    Code source credit
    (Added Pub. L. 105–6, § 2(a), Mar. 19, 1997, 111 Stat. 12.)

    Enacted provision · exact public law section
    (a) In General.— Chapter 223 of title 18, United States Code, is amended by adding at the end the following: “ 3510. Rights of victims to attend and observe trial. “(a) Non-Capital Cases.— Notwithstanding any statute, rule, or other provision of law, a United States district court shall not order any victim of an offense excluded from the trial of a defendant accused of that offense because such victim may, during the sentencing hearing, make a statement or present any information in relation to the sentence. “(b) Capital Cases.— Notwithstanding any statute, rule, or other provision of law, a United States district court shall not order any victim of an offense excluded from the trial of a defendant accused of that offense because such victim may, during the sentencing hearing, testify as to the effect of the offense on the victim and the victim’s family or as to any other factor for which notice is required under section 3593(a). “(c) Definition.— As used in this section, the term ‘victim’ includes all persons defined as victims in section 503(e)(2) of the Victims’ Rights and Restitution Act of 1990.”.

1 of 1 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 503(e)(2) of the Victims’ Rights and Restitution Act of 1990, referred to in subsec. (c), is classified to section 20141(e)(2) of Title 34, Crime Control and Law Enforcement.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 105–6, § 2(d), , 111 Stat. 13, provided that: “The amendments made by this section [enacting this section and amending section 3593 of this title] shall apply in cases pending on the date of the enactment of this Act [].”

Credits

(Added Pub. L. 105–6, § 2(a), , 111 Stat. 12.)

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USLM identifier /us/usc/t18/s3510