[Congressional Record Volume 142, Number 141 (Thursday, October 3, 1996)]
[Senate]
[Page S12320]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               THE FEDERAL COURTS IMPROVEMENT ACT OF 1996

                                 ______
                                 

                        HATCH AMENDMENT NO. 5430

  Mr. LOTT. (for Mr. Hatch) proposed an amendment to the bill (S. 1887) 
to make improvements in the operation and administration of the Federal 
courts, and for other purposes; as follows:

       On page 4, line 15, strike through line 25.
       On page 5, line 8, strike through line 14 on page 6 and 
     insert the followings:

     SEC. 202. CONSENT TO TRAIL IN CERTAIN CRIMINAL ACTIONS.

       (a) Amendments to Title 18.--(1) Section 3401(b) of title 
     18, United States Code, is amended--
       (A) in the first sentence by inserting ``, other than a 
     petty offense that is a class B misdemeanor charging a motor 
     vehicle offense, a class C misdemeanor, or an infraction,'' 
     after ``misdemeanor'';
       (B) in the second sentence by inserting ``judge'' after 
     ``magistrate'' each place it appears;
       (C) by striking out the third sentence and inserting in 
     lieu thereof the following: ``The magistrate judge may-not 
     proceed to try the case unless the defendant, after such 
     explanation, expressly consents to be tried before the 
     magistrate judge and expressly and specifically waives trial, 
     judgment, and sentencing by a district judge. Any such 
     consent and waiver shall be made in writing or orally on the 
     record.''; and
       (D) by striking out ``judge of the district court'' each 
     place it appears and inserting in lieu thereof ``district 
     judge''.
       (2) Section 3401(g) of title 18, United States Code, is 
     amended by striking out the first sentence and inserting in 
     lieu thereof the following: ``the magistrate judge may, in a 
     petty offense case involving a juvenile, that is a class C 
     misdemeanor, or an infraction, exercise all powers granted to 
     the district court under chapter 403 of this title. The 
     magistrate judge may, in any other class B or C misdemeanor 
     case involving a juvenile in which consent to trail before a 
     magistrate judge has been filed under subsection (b), 
     exercise all powers granted to the district court under 
     chapter 403 of this title.''.
       (b) Amendments to Title 28.--Section 636(a) of title 28, 
     United States Code, is amended--
       (1) by striking out ``, lieu thereof a semicolon; and
       (2) by striking out paragraph (4) and inserting the 
     following:
       ``(4) the power to enter a sentence for a petty offense 
     that is a class B misdemeanor charging a motor vehicle 
     offense, a class C misdemeanor, or an infraction; and
       ``(5) the power to enter a sentence for a class A 
     misdemeanor, or a class B or C misdemeanor not covered by 
     paragraph (4), in a case in which the parties have 
     consented.''.
       On page 6, line 15, strike through the matter following 
     line 2 on page 7.
       On page 9, line 6, strike through line 2 on page 11.
       On page 13, line 4, strike through line 7 on page 15.
       On page 17, line 1, strike through line 3 on page 19.
       On page 19, line 22, strike through line 9 on page 23.
       On page 31, line 8, strike through line 2 on page 32.
       On page 35, line 21, strike through line 2 on page 36.
       On page 44, line 20, strike through line 21 on page 48.
       On page 48, add after line 21 the following:

     SEC. 611. PLACE OF HOLDING COURT IN THE SOUTHERN DISTRICT OF 
                   NEW YORK.

       The last sentence of section 112(b) of title 28, United 
     States Code, is amended to read as follows:
       ``Court for the Southern District shall be held at New 
     York, White Plains, and in the Middletown-Wallkill area of 
     Orange County or such nearby location as may be deemed 
     appropriate.''.

     SEC. 612. VENUE FOR TERRITORIAL COURTS.

       (a) Change of Venue.--Section 1404(d) of title 28, United 
     States Code, is amended to read as follows:
       ``(d) As used in this section, the term `district court' 
     includes the District Court of Guam, the District Court for 
     the Northern Mariana Islands, and the District Court of the 
     Virgin Islands, and the term `district' includes the 
     territorial jurisdiction of each such court.''.
       (b) Cure of Waiver of Defects.--Section 1406(c) of title 
     28, United States Code, is amended to read as follows:
       ``(c) As used in this section, the term `district court' 
     includes the District Court of Guam, the District Court for 
     the Northern Mariana Islands, and the District Court of the 
     Virgin Islands, and the term `district' includes the 
     territorial jurisdiction of each such court.''.
       (c) Applicability.--The amendments made by this section 
     apply to cases pending on the date of the enactment of this 
     Act and to cases commenced on or after such date.
       Amend the table of contents accordingly.

                          ____________________