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New Law for Cold Cases

by Layla Ndiaye
March 20, 2024
in Headlines, Politics, U.S. News
0
New Law for Cold Cases

Courtesy of Vanessa Rodriguez (Flickr CC0)

It is a new year, so that means a lot of new laws for the United States. Furthermore, new laws have been brought to the forefront in 2024. One of the new laws, in particular, is this law, H.R. 3359.

The bill’s purpose serves, it ‘To create the Homicide Victims’ Families’ Rights Act. The bill provides for the view of the case file of open unsolved murder cases.

What The Law Allows 1-5

There are a total number of 13 sections of the bill, stating the specific rules and the details.

Section 1- This Act may be known as the “Homicide Victims’ Families’ Rights Act of 2021.”

Section 2- Only one case concerning the murder victim can be viewed at a time. The head shall review the case file regarding a cold case murder.

This signifies that a different individual from the one who conducted the initial investigation will review the case.

Section 3- Each agency shall develop a written application to be used for designated persons to request a case file review under section.

Section 4- The agency will have to conduct a full-on investigation. A full reinvestigation will include analyzing all evidence regarding the cold case murder for
the purpose of developing supportive investigative leads or a likely perpetrator.

Section 5- This means before the agency decides to conduct a full reinvestigation, it must meet with the designated person who submitted a written request under section 2.

What the Law Allows 6-9

Section 6 is about reviewing a cold case murder file under this subsection may lead to a decision against a full investigation. Specifically, in the event that we encounter a standstill in the investigation of an unsolved homicide, our agency holds the authority to suspend any further examination of the case file for a duration of five years. This pause in proceedings will only be under reconsideration if substantial and pertinent new evidence comes to light within this timeframe.

The next section is about starting on the third anniversary of the enactment of this Act, and annually after that, the Director of the National Institute of Justice is required to publish statistics regarding the number of unsolved homicide cases.

The eighth section states, within 12 months of this Act becoming law, each agency leader must issue rules to uphold the rights of a chosen individual to ask for a review under this Act and to make sure the agency follows the duties outlined in this Act.

The ninth further defines it with: This Act does not force an agency to share information that could harm someone’s security, interfere with an ongoing inquiry, break a court rule, or breach legal duties about privacy.

What the Law Allows 10-13

The tenth section notes, if a cold case murder was first investigated by multiple agencies, they must work together to review or reinvestigate the case file. They should follow sections two or four, as needed.

Furthermore, section 11 states, this Act covers any cold case murder that happened on or after January 1, 1970.

Section 12 talks about a cold case murder is a homicide that has not been solved or closed for a long time. An agency is a federal law enforcement organization that has the authority to detect, investigate, or prosecute such cases.

This Act requires each agency to report annually to the House and Senate Judiciary Committees. The report should describe the actions and results of the previous year under this Act, according to section 13.

Background Info

The reasoning for this legislation is the tragic homicide of four teenage girls in 1991,  occurring three decades prior. Known as the notorious Austin Yogurt Shop murders. The case, to this day, remains unresolved.

Now let’s introduce the girls:

  • Amy Ayers, age 13.
  • Eliza Thomas, age 17.
  • Jennifer Harbison, also 17.
  • And Sarah Harbison, age 15.

At the time of the murder, the younger girls were visiting the older two, who were working at the shop.

Anticipating a routine fire suppression task, the firefighters encountered a far more sinister scene within the premises — a quadruple homicide. After the murder, an investigation began. Many confessions were made but the perpetrators were never caught. It was like a revolving door of admissions, each more elaborate than the last. The small town buzzed with rumors and half-truths, as every confession added another layer of mystery to the already convoluted tale.

The townsfolk gathered in hushed circles, speculating over who could truly be responsible for the misdeeds that had shaken their quiet lives. Despite the numerous claims of guilt, evidence remained scarce, and the real culprits roamed free, their identities hidden behind a veil of deceit and the town’s collective imagination.

by: Layla N

Sources:

Kxan – Biden signs Homicide Victims’ Families’ Rights Act, allowing cold cases to be reopened

John Cornyn- Cornyn Bill to Help Solve Cold Cases Signed Into Law

Fox News- Biden signs bipartisan cold case law establishing federal right to request review for victims’ families

Inset Image Courtesy of Maryland GovPics – Creative Commons License

Featured Image Courtesy of Vanessa Rodriguez – Creative Commons License

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Tags: billIllinoislaw
Layla Ndiaye

Layla Ndiaye

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