Families of homicide victims could seek federal review of cold cases under McCaul proposal

U.S. Rep. Michael McCaul (R-TX) on Sept. 30 proposed a bipartisan bill that would give the relatives of homicide victims the federal right to request that a loved one’s case file be reviewed after it has been cold for three years.

“As a former federal prosecutor, I have worked alongside law enforcement to help bring the truth to light in cold cases,” Rep. McCaul said. “It is my hope that this bill will give… families the tools to work with law enforcement to reveal new information and pursue justice on behalf of their loved one.”

Rep. McCaul is the lead original cosponsor of the Homicide Victims’ Families Rights Act of 2020, H.R. 8466, with bill sponsor U.S. Rep. Eric Swalwell (D-CA), which also would require the federal government to notify relatives and similarly situated persons of their rights and provide updates on any cold case review that is undertaken, according to a bill summary provided by Rep. McCaul’s office.

Additionally, H.R. 8466 would require the collection of data on the problem of cold cases generally, according to Rep. McCaul’s office, which cited information from the Murder Accountability Project showing that since 1980 there are more than 250,000 U.S. homicides in which no one has been charged.

“Sometimes it just takes another set of eyes to discover a fact that was overlooked, or a new test that wasn’t available when the case first was investigated, to find the offender,” Rep. Swalwell said. “I also hope this bill will inspire states and localities to follow suit so that all homicide victims’ families can have more hope of justice, regardless of the level of government that’s prosecuting the case.”

Reps. McCaul and Swalwell drafted H.R. 8466 with former federal prosecutor Glenn Kirschner and Katharine Manning, a former U.S. Department of Justice senior attorney advisor who specializes in victims’ rights and services.

The bill has garnered support from numerous organizations, including the National Coalition Against Domestic Violence, the Murder Accountability Project, the American Investigative Society of Cold Cases, Parents of Murdered Children, the Association of Prosecuting Attorneys, and the National Organization for Victim Assistance, among others.