34 U.S.C. § 60901 | Case file review

(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

section 60903 of this titleNot 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 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.

Pub. L. 117–164, § 2Aug. 3, 2022136 Stat. 1358(, , .)

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 117–164 section 1 of Pub. L. 117–164 section 10101 of this titleFor short title of , which enacted this chapter, as the Homicide Victims’ Families’ Rights Act of 2021, see , set out as a Short Title of 2022 Amendment note under .