[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 666 Referred in Senate (RFS)]







104th CONGRESS
  1st Session
                                H. R. 666


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                   IN THE SENATE OF THE UNITED STATES

             February 9 (legislative day, January 30), 1995

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
             To control crime by exclusionary rule reform.

    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 ``Exclusionary Rule Reform Act of 
1995''.

SEC. 2. ADMISSIBILITY OF CERTAIN EVIDENCE.

    (a) In General.--Chapter 223 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3510. Admissibility of evidence obtained by search or seizure
    ``(a) Evidence Obtained by Objectively Reasonable Search or 
Seizure.--Evidence which is obtained as a result of a search or seizure 
shall not be excluded in a proceeding in a court of the United States 
on the ground that the search or seizure was in violation of the fourth 
amendment to the Constitution of the United States, if the search or 
seizure was carried out in circumstances justifying an objectively 
reasonable belief that it was in conformity with the fourth amendment. 
The fact that evidence was obtained pursuant to and within the scope of 
a warrant constitutes prima facie evidence of the existence of such 
circumstances.
    ``(b) Evidence Not Excludable by Statute or Rule.--
            ``(1) Generally.--Evidence shall not be excluded in a 
        proceeding in a court of the United States on the ground that 
        it was obtained in violation of a statute, an administrative 
        rule or regulation, or a rule of procedure unless exclusion is 
        expressly authorized by statute or by a rule prescribed by the 
        Supreme Court pursuant to statutory authority.
            ``(2) Special rule relating to objectively reasonable 
        searches and seizures.--Evidence which is otherwise excludable 
        under paragraph (1) shall not be excluded if the search or 
        seizure was carried out in circumstances justifying an 
        objectively reasonable belief that the search or seizure was in 
        conformity with the statute, administrative rule or regulation, 
        or rule of procedure, the violation of which occasioned its 
        being excludable.
    ``(c) Rules of Construction.--This section shall not be construed 
to require or authorize the exclusion of evidence in any proceeding. 
Nothing in this section shall be construed so as to violate the fourth 
article of amendments to the Constitution of the United States.
    ``(d) Limitation.--This section shall not apply with respect to a 
search or seizure carried out by, or under the authority of, the Bureau 
of Alcohol, Tobacco and Firearms.
    ``(e) Limitation.--This section shall not apply with respect to a 
search or seizure carried out by, or under the authority of, the 
Internal Revenue Service.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 223 of title 18, United States Code, is amended by adding at 
the end the following:

``3510. Admissibility of evidence obtained by search or seizure.''.

            Passed the House of Representatives February 8, 1995.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.