[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 54 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 54

  To amend title 18 to limit the application of the exclusionary rule.


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                   IN THE SENATE OF THE UNITED STATES

                            January 4, 1995

 Mr. Thurmond introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

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                                 A BILL


 
  To amend title 18 to limit the application of the exclusionary rule.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may be 
cited as the ``Exclusionary Rule Limitation Act of 1995''.
    Sec. 2. (a) Chapter 223 of title 18, United States Code, is amended 
by adding the following two sections:
``Sec. 3508. Limitation of the fourth amendment exclusionary rule
    ``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 undertaken in an objectively reasonable belief that it was 
in conformity with the fourth amendment. A showing that evidence was 
obtained pursuant to and within the scope of a warrant constitutes 
prima facie evidence of such a reasonable belief, unless the warrant 
was obtained through intentional and material misrepresentation.
``Sec. 3509. General limitation of the exclusionary rule
    ``Except as specifically provided by statute or rule of procedure, 
evidence which is otherwise admissible shall not be excluded in a 
proceeding in a court of the United States on the ground that the 
evidence was obtained in violation of a statute or rule of procedure, 
or of a regulation issued pursuant thereto.''.
    (b) The table of sections of chapter 223 of title 18, United States 
Code, is amended by adding at the end thereof:

``3508. Limitation of the fourth amendment exclusionary rule.
``3509. General limitation of the exclusionary rule.
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