[Congressional Record Volume 164, Number 141 (Thursday, August 23, 2018)]
[Senate]
[Page S5909]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        CRIMINAL JUSTICE REFORM

  Mr. HATCH. Finally, I would like to say just a few words about 
criminal justice reform. We have been at an impasse since the Judiciary 
Committee took up the issue earlier this year, but recent reports 
suggest that negotiations with the White House may soon lead to a 
compromise. I have not been a part of those negotiations, and I 
understand that they are still ongoing and there is no final proposal 
on the table, but I am concerned that there is no mention of mens rea 
reform being included in that deal.
  Sentencing and prison reform can do only so much if we continue to 
allow individuals to be sent to prison for conduct they did not know 
was unlawful, even when Congress does not specify that their crimes 
should be strict liability offenses.
  Sentencing and prison reform must be paired with a solution that 
addresses the root problem of criminalization, which includes the lack 
of clear mens rea requirements in much of our criminal law. My Mens Rea 
Reform Act of 2018, which I introduced earlier this summer with Senate 
Judiciary Chairman Chuck Grassley, provides that solution. It is 
supported by a broad range of groups from across the ideological 
spectrum, from the American Conservative Union to the National 
Association of Criminal Defense Lawyers.
  To be honest, I am troubled that the bill is not part of the current 
negotiations. I am likewise troubled that we have not heard any 
discussion of a legislative fix for the Armed Career Criminal Act to 
ensure that dangerous, repeat offenders receive appropriately long 
prison sentences. Real criminal justice reform should be about getting 
the policy right. That means we cannot be looking just to ratchet back 
prison sentences, but we must also be looking to close loopholes that 
prematurely let armed, dangerous criminals back on the streets.
  Comprehensive criminal justice reform is long overdue, and I am 
pleased to hear that negotiations are continuing. I look forward to 
working with my colleagues to address those concerns.
  I apologize to the leader for taking so long on these remarks.
  I yield the floor.
  The PRESIDING OFFICER. The majority leader is recognized.
  Mr. McCONNELL. I thank my friend from Utah.

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