Criminal Judicial Administration Act of 2020
This bill expands the authority of a judge to provide transportation and related expenses to a defendant to travel to a federal criminal court proceeding and also authorizes a magistrate judge to rule on post-judgment motions in certain criminal cases. (A magistrate judge assists a district court judge and exercises certain authority delegated by the district court judge to the magistrate judge, such as conducting trials in certain misdemeanor cases if the defendant consents.)
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8124 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8124
To amend title 18, United States Code, to provide for transportation
and subsistence for criminal justice defendants, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 28, 2020
Mr. Jeffries (for himself and Mrs. Roby) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to provide for transportation
and subsistence for criminal justice defendants, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Criminal Judicial Administration Act
of 2020''.
SEC. 2. TRANSPORTATION AND SUBSISTENCE FOR CRIMINAL JUSTICE ACT
DEFENDANTS.
Section 4285 of title 18, United States Code, is amended in the
first sentence--
(1) by striking ``when the interests of justice would be
served thereby and the United States judge or magistrate judge
is satisfied, after appropriate inquiry, that the defendant is
financially unable to provide the necessary transportation to
appear before the required court on his own'' and inserting
``when the United States judge or magistrate judge is satisfied
that the defendant is indigent based on appointment of counsel
pursuant to section 3006A, or, after appropriate inquiry, that
the defendant is financially unable to provide necessary
transportation on his own''; and
(2) by striking ``to the place where his appearance is
required,'' and inserting ``(1) to the place where each
appearance is required and (2) to return to the place of the
person's arrest or bona fide residence,'';
(3) by striking ``to his destination,'' and inserting
``which includes money for both lodging and food, during travel
to the person's destination and during any proceeding at which
the person's appearance is required''.
SEC. 3. EFFECTIVE USE OF MAGISTRATE JUDGES TO DECIDE POSTJUDGMENT
MOTIONS.
Section 3401 of title 18, United States Code, is amended--
(1) in paragraph (b)--
(A) in the second sentence, by striking ``and''
after ``trial, judgment'';
(B) in the second sentence, by inserting ``, and
rulings on all post-judgment motions'' after
``sentencing,'';
(C) in the third sentence, by striking ``and''
after ``trial, judgment''; and
(D) in the third sentence, by inserting ``, and
rulings on all post-judgment motions'' after
``sentencing,'';
(2) in subsection (c), by striking ``, with the approval of
a judge of the district court,''; and
(3) by inserting after subsection (i) the following:
``(j) A magistrate judge who exercises trial jurisdiction under
this section, in either a petty offense case or a misdemeanor case in
which the defendant has consented to a magistrate judge, may also rule
on all post-judgment motions in that case, including but not limited to
petitions for writs of habeas corpus, writs of coram nobis, motions to
vacate a sentence under section 2255 of title 28, and motions related
to mental competency under chapter 313 of this title.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported.
Reported by the Committee on Judiciary. H. Rept. 116-534.
Reported by the Committee on Judiciary. H. Rept. 116-534.
Placed on the Union Calendar, Calendar No. 434.
Ms. Garcia (TX) moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H5142-5143)
DEBATE - The House proceeded with forty minutes of debate on H.R. 8124.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
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On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5142)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.