694


AMENDMENT 694

Amendment: Chapter Six is amended in the heading by striking "AND" and inserting a comma; and by adding at the end ", AND CRIME VICTIMS’ RIGHTS".

Chapter Six, Part A is amended by adding at the end the following:

"§6A1.5. Crime Victims’ Rights (Policy Statement)

In any case involving the sentencing of a defendant for an offense against a crime victim, the court shall ensure that the crime victim is afforded the rights described in 18 U.S.C. § 3771 and in any other provision of Federal law pertaining to the treatment of crime victims.

Commentary

Application Note:

1. Definition.—For purposes of this policy statement, ‘crime victim’ has the meaning given that term in 18 U.S.C. § 3771(e).".

Reason for Amendment: This amendment creates a new policy statement at §6A1.5 (Crime Victims’ Rights) in response to the Justice for All Act of 2004, Pub. L. 108-405, which sets forth at 18 U.S.C. § 3771 various rights for crime victims during the criminal justice process, including at subsection (a)(4) the right to be "reasonably heard at any public proceeding . . . involving release, plea, sentencing, or any parole proceeding." The amendment also changes the title of Chapter Six to reflect the addition of the policy statement.

Effective Date: The effective date of this amendment is November 1, 2006.