[Congressional Record Volume 141, Number 23 (Monday, February 6, 1995)]
[House]
[Pages H1282-H1283]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page H1282]]
                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:
                                H.R. 665

                        Offered By: Mr. Sanders

       Amendment No. 1: Page 4, line 24, after the period insert 
     ``A restitution order shall direct the offender to give 
     appropriate notice to victims and other persons in cases 
     where there are multiple victims or other persons who may 
     receive restitution.''.
                                H.R. 665

                        Offered By: Mr. Sanders

       Amendment No. 2: Page 9, after line 24, add the following:
       (c) Justice Department Guidelines Relating to Community 
     Service.--The Department of Justice shall establish minimum 
     guidelines for seeking community service by offenders in 
     cases where such service would provide restitution to members 
     of a community harmed by the criminal conduct of such 
     offenders. Such service may include a requirement that a set 
     percentage of the future profits of an organizational 
     offender be used to educate the public about corporate crime 
     and its control.
                                H.R. 666

                        Offered By: Mr. Conyers

       Amendment No. 1: Page 3, line 12, strike ``Rule'' and 
     insert ``Rules''.
       Page 3, line 14, after ``proceeding.'' insert ``Nothing in 
     this section shall be construed so as to violate the fourth 
     article of amendment to the Constitution of the United 
     States.''.

                                H.R. 666

                        Offered By: Mr. Conyers

       Amendment No. 2: Page 2, strike line 1 and all that follows 
     through the end of the bill and inserting the following:

     SEC. 2. SEARCHES AND SEIZURES PURSUANT TO AN INVALID WARRANT.

       (a) In General.--Chapter 109 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2237. Good faith exception for evidence obtained by 
       invalid warrant

       ``Evidence which is obtained as a result of 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 objectively reasonable reliance on a warrant issued by 
     a detached and neutral magistrate or other judicial officer 
     ultimately found to be invalid, unless--
       ``(1) the judicial officer in issuing the warrant was 
     materially misled by information in an affidavit that the 
     affiant knew was false or would have known was false except 
     for his reckless disregard of the truth;
       ``(2) the judicial officer provided approval of the warrant 
     without exercising a neutral and detached review of the 
     application for the warrant;
       ``(3) the warrant was based on an affidavit so lacking in 
     indicia of probable cause as to render official belief in its 
     existence entirely unreasonable; or
       ``(4) the warrant is so facially deficient that the 
     executing officers could not reasonably presume it to be 
     valid.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of chapter 109 of title 18, United States Code, is 
     amended by adding at the end the following new item:

``2237. Evidence obtained by invalid warrant.''
                                H.R. 666

                        Offered By: Mr. Conyers

       Amendment No. 3: Page 2, strike line 1 and all that follows 
     through the end of the bill and inserting the following:

     SEC. 2. SEARCHES AND SEIZURES PURSUANT TO AN INVALID WARRANT 
                   OR STATUTE.

       (a) In General.--Chapter 109 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2237. Good faith exception for evidence obtained by 
       invalid means

       ``Evidence which is obtained as a result of 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 objectively reasonable reliance--
       ``(1) on a warrant issued by a detached and neutral 
     magistrate or other judicial officer ultimately found to be 
     invalid, unless--
       ``(A) the judicial officer in issuing the warrant was 
     materially misled by information in an affidavit that the 
     affiant knew was false or would have known was false except 
     for his reckless disregard of the truth;
       ``(B) the judicial officer provided approval of the warrant 
     without exercising a neutral and detached review of the 
     application for the warrant;
       ``(C) the warrant was based on an affidavit so lacking in 
     indicia of probable cause as to render official belief in its 
     existence entirely unreasonable; or
       ``(D) the warrant is so facially deficient that the 
     executing officers could not reasonably presume it to be 
     valid; or
       ``(2) on the constitutionality of a statute subsequently 
     found to constitutionally invalid.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of chapter 109 of title 18, United States Code, is 
     amended by adding at the end the following new item:

``2237. Evidence obtained by invalid means.''
                                H.R. 666

                        Offered By: Mr. DeFazio

       Amendment No. 4: Strike all after the enacting clause and 
     insert therein:

     ``SECTION 1.

       (a) In General.--Chapter 223 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 3510. Reaffirmation of the Bill of Rights.

       ``(a) The right of the people to be secure in their 
     persons, houses, papers, and effects, against unreasonable 
     searches and seizures shall not be violated, and no warrants 
     shall issue, but upon probable cause, supported by oath or 
     affirmation, and particularly describing the place to be 
     searched, and the person or things to be seized.''
                                H.R. 666

                          Offered By: Mr. Reed

       Amendment No. 5: Page 1, strike line 6 and all that follows 
     through the end and inserting the following:

     SEC. 2. SEARCHES AND SEIZURES PURSUANT TO AN INVALID WARRANT.

       (a) In General.--Chapter 109 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2237. Evidence obtained by invalid warrant

       ``Evidence which is obtained as a result of 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 reasonable reliance on a warrant issued by a detached 
     and neutral magistrate ultimately found to be invalid, 
     unless--
       ``(1) the judicial officer in issuing the warrant was 
     materially misled by information in an affidavit that the 
     affiant knew was false or would have known was false except 
     for his reckless disregard of the truth;
       ``(2) the judicial officer provided approval of the warrant 
     without exercising a neutral and detached review of the 
     application for the warrant;
       ``(3) the warrant was based on an affidavit so lacking in 
     indicia of probable cause as to render official belief in its 
     existence entirely unreasonable; or
       ``(4) the warrant is so facially deficient that the 
     executing officers could not reasonably presume it to be 
     valid.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of chapter 109 of title 18, United States Code, is 
     amended by adding at the end the following new item:

``2237. Evidence obtained by invalid warrant.''
                                H.R. 666

                 Offered By: Mr. Watt of North Carolina

       Amendment No. 6: Page 2, line 13, strike all after the word 
     ``States,'' and insert the following:

     ``provided that the right of the people to be secure in their 
     persons, houses, papers, and effects, against unreasonable 
     searches and seizures, shall not be violated, and no Warrants 
     shall issue, but upon probable cause, supported by Oath or 
     affirmation, and particularly describing the place to be 
     searched, and the persons or things to be seized.''
                                H.R. 667
                       Offered By: Ms. Slaughter

       
       Amendment No. 1: After paragraph (2) of section 503(b) of 
     the bill, add the following:
       ``(3) laws which allow the court to impose a sentence of 
     life in prison without parole on a defendant in a criminal 
     case who is convicted of a State offense for conduct which--
       ``(A) is an offense under section 2241 or 2242 of title 18, 
     United States Code; or
       ``(B) would have been an offense under either of such 
     sections if the offense had occurred in the special maritime 
     or territorial jurisdiction of the United States;

     after having previously been convicted of another State or 
     Federal offense for conduct that was an offense described in 
     subparagraph (A) or (B).''

                                H.R. 667

                 Offered By: Mr. Watt of North Carolina

       Amendment No. 2: Page 3, line 6, strike the word 
     ``assurances'' and insert in lieu thereof the word 
     ``confirmation''
       Page 3, line 12, strike the word ``and''
       Page 3, line 15, strike the period and add ``;and''
       Page 3, after line 15, insert the following:
       ``(4) decrease the rate of violent offenses committed in 
     the State, taking into account the population of such State, 
     at a level at least equivalent to the lesser of the 
     percentage increase confirmed in section (1), (2) or (3) 
     above.''
       Page 4, line 2, strike the word ``assurances'' and insert 
     in lieu thereof the word ``confirmation''
       Page 4, line 17, strike the comma and replace it with a 
     semicolon
       Page 4, after line 17, insert the following:
       ``(C) procedures for the collection of reliable statistical 
     data which confirms the rate of serious violent felonies 
     after the adoption of such truth-in-sentencing laws.''
       Page 5, line 3, strike the ``--'' and insert instead 
     ``confirms that''
       Page 5, line 4, strike the word ``and''
       [[Page H1283]] Page 5, line 8, strike the period and insert 
     instead ''; and (3) the rate of violent felony offenses 
     committed in such State has decreased since such State 
     commenced indeterminant sentencing for such offenses.''
                                H.R. 667

                 Offered By: Mr. Watt of North Carolina

       Amendment No. 3: Page 12, strike lines 5-16 and insert 
     instead the following:

     ``Prospective relief in a civil action with respect to prison 
     conditions shall extend no further than necessary to remove 
     the conditions that are causing the deprivation of Federal 
     rights. The court shall not grant or approve any prospective 
     relief unless the court finds that such relief is narrowly 
     drawn and the least intrusive means to remedy the violation 
     of the Federal right. In determining the appropriateness of 
     the relief, the court shall give weight to any adverse impact 
     on public safety or the operation of a criminal justice 
     system caused by the relief.
       Page 13, strike lines 1-17 and insert instead the 
     following:

     ``In any civil action with respect to prison conditions, any 
     prospective relief shall terminate upon a finding that the 
     conditions against which prospective relief was ordered have 
     been remedied.''

                                H.R. 667

                 Offered By: Mr. Watt of North Carolina

       Amendment No. 4: Page 14, strike lines 1-11.

                                H.R. 667

                 Offered By: Mr. Watt of North Carolina

       Amendment No. 5: Page 15, strike lines 8-18.
       Page 15, line 19, strike the letter ``g'' and insert 
     instead the letter ``f''

                                H.R. 729

                 Offered By: Mr. Watt of North Carolina

       Amendment No. 1: Page 4, line 21, strike the period and 
     insert the following:

     ``or a substantial showing that credible newly discovered 
     evidence which, had it been presented at trial, would 
     probably have resulted in an acquittal for the offense for 
     which the sentence was imposed or in some sentence other than 
     incarceration.''
       Page 4, lines 21-22. Strike the entire sentence beginning 
     with the word ``The'' and ending with ``standard.''
       Page 13, line 12, delete ``and''
       Page 13, line 17, delete the period and insert instead 
     ``;or''
       Page 13, after line 17, add:

     ``the facts underlying the claim consist of credible newly 
     discovered evidence which, had it presented to the trier of 
     fact or sentencing authority at trial, would probably have 
     resulted in an acquittal of the offense for which the death 
     sentence was imposed.''
Vol. 141          WASHINGTON, MONDAY, FEBRUARY 6, 1995           No. 23
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                                 Senate


             (Legislative day of Monday, January 30, 1995)