ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

34 U.S.C. § 60901Case file review

submitted 4 years ago by Pub. L. 117-164 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 472 words · no verdicts yet

in plain englishAI-generated · not legal advice

A federal agency must review a cold case murder file if a family member asks. The review checks for missed leads, unexamined evidence, and whether a full reinvestigation makes sense. It must finish within six months, extendable once by six more if too many cases are pending.

(a) In general. When a federal law enforcement agency gets a written application from one designated person, it must review the case file for a cold case murder. The review is meant to determine whether a full reinvestigation would turn up new investigative leads or identify a likely perpetrator. (b) Review. The review must include: (1) analyzing what investigative steps might have been missed the first time; (2) assessing whether witnesses should be interviewed or reinterviewed; (3) examining physical evidence to check whether all the right forensic testing was done originally, or whether new testing might produce relevant information; and (4) updating the case file using today's investigative standards, to the extent that would help develop leads. (c) Certification in lieu of review. If the agency receives a written application but the case doesn't actually meet the definition of "cold case murder," a full review isn't required. Instead, the agency head must send the designated person a written certification stating that final review isn't necessary — either because all probative leads have already been exhausted, or because a likely perpetrator won't be identified. (d) Reviewer. The person who conducts the review under subsection (a) cannot be someone who already investigated that same murder before. (e) Acknowledgment. As soon as reasonably possible, the agency must tell the applicant, in writing: (1) that it received the application; and (2) what rights the applicant has under this chapter. (f) Prohibition on multiple concurrent reviews. Only one case review can be happening at a time for the same cold case murder victim. (g) Time limit. The agency must finish its case file review, and decide whether a full reinvestigation under section 60903 is warranted, within six months of receiving the application. (h) Extensions. (1) The agency may extend that six-month deadline once, for up to six more months, if it finds that the number of case files needing review makes the deadline impractical without unreasonably pulling resources from other law enforcement work. (2) When the agency extends the deadline this way, it must notify the designated applicant and explain its reasoning.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The head of an agency shall review the case file regarding a cold case murder upon written application by one designated person to determine if a full reinvestigation would result in either the identification of probative investigative leads or a likely perpetrator.

(b) Review

The review under subsection (a) shall include—

(1)

an analysis of what investigative steps or follow-up steps may have been missed in the initial investigation;

(2)

an assessment of whether witnesses should be interviewed or reinterviewed;

(3)

an examination of physical evidence to see if all appropriate forensic testing and analysis was performed in the first instance or if additional testing might produce information relevant to the investigation; and

(4)

an update of the case file using the most current investigative standards as of the date of the review to the extent it would help develop probative leads.

(c) Certification in lieu of review

In any case in which a written application for review has been received under this chapter by the agency, review shall be unnecessary where the case does not satisfy the criteria for a cold case murder. In such a case, the head of the agency shall issue a written certification, with a copy provided to the designated person that made the application under subsection (a), stating that final review is not necessary because all probative investigative leads have been exhausted or that a likely perpetrator will not be identified.

(d) Reviewer

A review required under subsection (a) shall not be conducted by a person who previously investigated the murder at issue.

(e) Acknowledgment

The agency shall provide in writing to the applicant as soon as reasonably possible—

(1)

confirmation of the agency’s receipt of the application under subsection (a); and

(2)

notice of the applicant’s rights under this chapter.

(f) Prohibition on multiple concurrent reviews

Only one case review shall be undertaken at any one time with respect to the same cold case murder victim.

(g) Time limit

Not later than 6 months after the receipt of the written application submitted pursuant to subsection (a), the agency shall conclude its case file review and reach a conclusion about whether or not a full reinvestigation under section 60903 of this title is warranted.

(h) Extensions
(1) In general

The agency may extend the time limit under subsection (g) once for a period of time not to exceed 6 months if the agency makes a finding that the number of case files to be reviewed make it impracticable to comply with such limit without unreasonably taking resources from other law enforcement activities.

(2) Actions subsequent to waiver

For cases for which the time limit in subsection (g) is extended, the agency shall provide notice and an explanation of its reasoning to one designated person who filed the written application pursuant to this section.

Source credit: (Pub. L. 117–164, § 2, Aug. 3, 2022, 136 Stat. 1358.)

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-164 · 136 Stat. 1358

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-164 on 2022-08-03.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case