[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8794 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8794

  To provide a right of action for a violation of certain procedural 
       safeguards effective to secure the privilege against self-
                 incrimination, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 9, 2022

    Mr. Torres of New York introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To provide a right of action for a violation of certain procedural 
       safeguards effective to secure the privilege against self-
                 incrimination, 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 ``Miranda Rights Restoration Act of 
2022''.

SEC. 2. PROTECTION OF PROCEDURAL SAFEGUARDS TO SECURE PRIVILEGE AGAINST 
              SELF-INCRIMINATION.

    (a) In General.--Any person who is subject to custodial 
interrogation shall be afforded the procedural safeguards described 
under subsection (b) in order to secure the privilege against self-
incrimination pursuant to the fifth and fourteenth amendment of the 
Constitution of the United States.
    (b) Procedural Safeguards Described.--The procedural safeguards 
afforded to a person subject to custodial interrogation shall include:
            (1) The right to a clear and unequivocal warning by a law 
        enforcement officer that the person has the right to remain 
        silent, which if waived, may result in a statement being used 
        as evidence against the person in a criminal prosecution.
            (2) The right to retain and consult with an attorney and 
        have the attorney present during a custodial interrogation.
            (3) The right to have an attorney appointed if the person 
        is indigent.
            (4) The right to be informed of the rights described in 
        paragraphs (1) through (3) before any custodial interrogation 
        begins.
    (c) Waiver of Procedural Safeguards.--A person may waive the rights 
described in paragraphs (1) through (3) of subsection (b) only if such 
waiver is knowingly, intelligently, and voluntarily made.
    (d) Private Right of Action.--A violation of subsection (a) 
constitutes a deprivation of any rights, privileges, or immunities 
secured by the Constitution and laws for purposes of section 1979 of 
the Revised Statutes of the United States (42 U.S.C. 1983), and a 
person injured thereby may bring an action under such section.
    (e) Right of Action Against Acting Under Federal Authority.--
Section 1979 of the Revised Statutes (42 U.S.C. 1983) is amended by 
inserting ``of the United States or'' before ``of any State''.
    (f) Custodial Interrogation Defined.--In this section, the term 
``custodial interrogation'' means questioning or other conduct by a law 
enforcement officer which is reasonably likely to elicit an 
incriminating response from an individual and occurs when reasonable 
individuals in the same circumstances would consider themselves in 
custody.
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