109 HR 6254 IH: Sentencing Fairness and Equity U.S. House of Representatives 2006-09-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 6254 IN THE HOUSE OF REPRESENTATIVES September 29, 2006 Mr. Sensenbrenner introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to reaffirm the intent of Congress in the Sentencing Reform Act of 1984, and for other purposes.

1.

Short title

This Act may be cited as the Sentencing Fairness and Equity Restoration Act of 2006.

2.

Reaffirmation of intent of Congress in the Sentencing Reform Act of 1984

(a)

Statutory maximum

Section 3553(b) of title 18, United States Code, is amended— (1)in paragraph (1)— (A)by striking the first sentence and inserting Except as provided in paragraph (2), the court shall impose a sentence of a kind, and no less than the minimum of the range, referred to in subsection (a)(4) unless the court finds that there exists a mitigating circumstance of a kind, or to a degree, not adequately taken into consideration by the Sentencing Commission in formulating the guidelines that should result in a sentence different from that described.; (B)in the second sentence, by inserting mitigating before circumstance; and (C)by inserting after the second sentence the following: The court may impose a sentence above the minimum of the range, up to the maximum sentence provided in the statute establishing the offense. (2)in paragraph (2)(A)— (A)by striking the court shall impose a sentence of the kind, and within the range and insert the court shall impose a sentence of a kind, and no less than the minimum of the range; (B)by striking clause (i) and redesignating clauses (ii) through (iii) as clauses (i) through (ii) respectively; (C)by striking In determining whether a circumstance and inserting In determining whether a mitigating circumstance; and (D)by inserting after the sentence amended by clause (C) of this paragraph the following The court may impose a sentence above the minimum of the range, up to the maximum sentence provided in the statute establishing the offense.. (b)

Conforming changes

Section 3553(c) of title 18, United States Code, is amended to read as follows: (c)

Statement of reasons for imposing a sentence

The court, at the time of sentencing, shall state in open court the reasons for its imposition of the particular sentence. If the court relies on statements received in camera, in accordance with the Federal Rules of Criminal Procedure, the court shall state that such statements were so received and that it relied on the content of those statements. If the court does not order restitution, or orders only partial restitution, the court shall include in its statement the reasons therefor. The court shall provide a transcription or other appropriate public record of the statement of reasons, together with the order of judgment and commitment, to the Sentencing Commission and if the sentence includes a term of imprisonment, to the Bureau of Prisons. . (c)

Standards for review of sentence

Section 3742(e) of title 18, United States Code, is amended by striking the last sentence and inserting The court of appeals shall review de novo any sentence imposed below the minimum of the range in the applicable sentencing guidelines. In any other case, the court of appeals shall determine whether the sentence was unreasonable.

3.

Uniform national standards for downward departures for substantial assistance

(a)

Substantial Assistance Policy

Not later than 180 days after the date of the enactment of this Act, the Attorney General shall create and implement a new policy governing the filing of motions for a departure sentence reductions under Section 3553(e) of title 18, United States Code, Section 5K1.1 of the United States Sentencing Commission Guidelines Manual, and Rule 35(b) of the Federal Rules of Criminal Procedure. The policy shall include uniform guidance for— (1)the definition of substantial assistance in the investigation of another person; (2)the process by which determinations regarding substantial assistance is made; and (3)the criteria that govern the determination of the extent of the reduction sought by the Government. (b)

Report to Congress

Not later than 180 days after the date of the enactment of this Act, the Attorney General shall report to Congress the policy created pursuant to subsection (a).

4.

Assuring judicial administrative responsibilities are performed by the judicial branch

Section 994(w)(1) of title 28, United States Code, is amended— (1)by inserting (other than a case involving a sentence imposed for a petty offense, as defined in section 19 of title 18, for which there is no applicable sentencing guideline) after every criminal case; and (2)by adding at the end the following: The duties and responsibilities set forth herein, or any portion thereof, shall not be delegated to the executive branch.