[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 666 Reported in House (RH)]






                                                   Union Calendar No. 7
104th CONGRESS
  1st Session
                                H. R. 666

                          [Report No. 104-17]

             To control crime by exclusionary rule reform.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 25, 1995

 Mr. McCollum introduced the following bill; which was referred to the 
                       Committee on the Judiciary

                            February 2, 1995

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
             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) Rule of Construction.--This section shall not be construed to 
require or authorize the exclusion of evidence in any proceeding.''.
    (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.''.




                                                   Union Calendar No. 7

104th CONGRESS

  1st Session

                               H. R. 666

                          [Report No. 104-17]

_______________________________________________________________________

                                 A BILL

             To control crime by exclusionary rule reform.

_______________________________________________________________________

                            February 2, 1995

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed