Homicide Victims' Families' Rights Act of 2021

Aug 3, 2022
Aug 3, 2022

Summary

Creates a system for families of murder victims to ask federal agencies to review cold cases to find new leads or a likely suspect.

What problem does this solve?

Many murder cases remain unsolved for years, leaving families without answers or justice. This law gives families a way to formally ask law enforcement to take a fresh look at these cold cases.

What does this law do?

Creates a right to request a case review
Allows a designated family member of a cold case murder victim to submit a written application to a federal agency, asking for the case file to be reviewed.
Requires a full reinvestigation if new leads are likely
Mandates that an agency must conduct a full reinvestigation of a cold case if the initial review shows that doing so would likely lead to new evidence or a suspect.
Assigns new investigators to cold cases
Prohibits the person who reviews or reinvestigates a cold case from being the same person who worked on the original investigation.
Sets deadlines for case reviews
Gives an agency six months to finish a case file review after receiving an application. A single six-month extension is allowed if needed.
Mandates communication with families
Requires agencies to consult with the family member who applied and provide them with regular updates during the review and any reinvestigation.
Limits how often a case can be reviewed
Prevents a family from requesting another review of the same case for five years, unless there is significant new evidence.
Requires public data on cold cases
Directs the National Institute of Justice to publish annual statistics on the number of cold case murders, starting three years after the law is passed.
Applies to cases dating back to 1970
Makes the law applicable to any cold case murder that occurred on or after January 1, 1970.

Who does this affect?

  • Families of homicide victims
  • Federal law enforcement agencies

What is the real world impact?

Empowers families of victims
Provides a formal process for families to seek answers and justice when a murder investigation has gone cold. It gives them a way to make sure the case is not forgotten.
Encourages use of modern technology
Prompts law enforcement to re-examine old evidence with new forensic testing and analysis that may not have been available during the first investigation.
Increases agency accountability
Requires federal agencies to follow specific steps and timelines when reviewing cases, and to report their activities to Congress, ensuring they are held responsible for their work on cold cases.

When does this start?

This law has several deadlines for government agencies, which start after it was signed on August 3, 2022.
Agency regulations
Federal agencies must create rules to enforce this law no later than one year after its enactment.
Public statistics on cold cases
The National Institute of Justice must begin publishing annual statistics on cold case murders three years after the law's enactment.
Case file review deadline
An agency must complete its review of a cold case file within six months of receiving a family's application.