Bill Summary
This bill, entitled the "Criminal Judicial Administration Act of 2021", aims to amend title 18 of the United States Code to provide transportation and subsistence for criminal justice defendants who are unable to afford it. It also seeks to allow magistrate judges to rule on post-judgment motions in petty offense and misdemeanor cases, with the defendant's consent. This bill would provide crucial assistance to indigent defendants and make the judicial process more efficient.
Possible Impacts
1. The Criminal Judicial Administration Act of 2021 could affect people by providing transportation and subsistence for criminal justice defendants who cannot afford it on their own. This could help ensure that defendants are able to attend their court appearances and proceedings.
2. The amendment to Section 3401 of title 18, United States Code could affect people by allowing magistrate judges to rule on all post-judgment motions, including petitions for writs of habeas corpus and motions related to mental competency. This could potentially speed up the process for individuals seeking relief from their convictions.
3. The requirement for a defendant to be indigent or financially unable to provide their own transportation in order to qualify for assistance under the Criminal Judicial Administration Act could potentially affect low-income individuals disproportionately, as they may be more likely to meet this criteria. This could potentially lead to unequal access to justice for those who cannot afford legal representation.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3271 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 3271
To amend title 18, United States Code, to provide for transportation
and subsistence for criminal justice defendants, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 29, 2021
Mr. Durbin (for himself and Ms. Collins) introduced the following bill;
which was read twice and 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 2021''.
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'';
(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,''; and
(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 subsection (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.''.
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