[Congressional Record Volume 166, Number 171 (Thursday, October 1, 2020)]
[House]
[Pages H5142-H5143]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              CRIMINAL JUDICIAL ADMINISTRATION ACT OF 2020

  Ms. GARCIA of Texas. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 8124) to amend title 18, United States Code, to 
provide for transportation and subsistence for criminal justice 
defendants, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 8124

       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 ``Criminal Judicial 
     Administration Act of 2020''.

     SEC. 2. TRANSPORTATION AND SUBSISTENCE FOR CRIMINAL JUSTICE 
                   ACT DEFENDANTS.

       Section 4285 of title 18, United States Code, is amended in 
     the first sentence--
       (1) by striking ``when the interests of justice would be 
     served thereby and the United States judge or magistrate 
     judge is satisfied, after appropriate inquiry, that the 
     defendant is financially unable to provide the necessary 
     transportation to appear before the required court on his 
     own'' and inserting ``when the United States judge or 
     magistrate judge is satisfied that the defendant is indigent 
     based on appointment of counsel pursuant to section 3006A, 
     or, after appropriate inquiry, that the defendant is 
     financially unable to provide necessary transportation on his 
     own''; and
       (2) by striking ``to the place where his appearance is 
     required,'' and inserting ``(1) to the place where each 
     appearance is required and (2) to return to the place of the 
     person's arrest or bona fide residence,'';
       (3) by striking ``to his destination,'' and inserting 
     ``which includes money for both lodging and food, during 
     travel to the person's destination and during any proceeding 
     at which the person's appearance is required''.

     SEC. 3. EFFECTIVE USE OF MAGISTRATE JUDGES TO DECIDE 
                   POSTJUDGMENT MOTIONS.

       Section 3401 of title 18, United States Code, is amended--
       (1) in subsection (b)--
       (A) in the second sentence, by striking ``and'' after 
     ``trial, judgment,'';
       (B) in the second sentence, by inserting ``, and rulings on 
     all post-judgment motions'' after ``sentencing'';
       (C) in the third sentence, by striking ``and'' after 
     ``trial, judgment,''; and
       (D) in the third sentence, by inserting ``, and rulings on 
     all post-judgment motions'' after ``sentencing'';
       (2) in subsection (c), by striking ``, with the approval of 
     a judge of the district court,''; and
       (3) by inserting after subsection (i) the following:
       ``(j) A magistrate judge who exercises trial jurisdiction 
     under this section, in either a petty offense case or a 
     misdemeanor case in which the defendant has consented to a 
     magistrate judge, may also rule on all post-judgment motions 
     in that case, including but not limited to petitions for 
     writs of habeas corpus, writs of coram nobis, motions to 
     vacate a sentence under section 2255 of title 28, and motions 
     related to mental competency under chapter 313 of this 
     title.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Texas (Ms. Garcia) and the gentleman from Pennsylvania (Mr. 
Reschenthaler) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Texas.


                             General Leave

  Ms. GARCIA of Texas. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Texas?
  There was no objection.
  Ms. GARCIA of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 8124, the Criminal Judicial Administration Act of 
2020 is a bipartisan piece of legislation that makes two very modest 
but important amendments to current law, promoting the efficient, 
effective, and fair administration of justice.
  The first part of this bill concerns out-of-custody criminal 
defendants, particularly those who are released pending trial to live 
in communities that are located far from the courthouse where their 
cases are being heard.
  The majority of Federal criminal defendants are detained pending 
trial, and the United States Marshals Service is responsible for 
housing and transporting them to court hearings, including trial. In 
addition, under current law, the court may order the U.S. marshals to 
provide funds for a criminal defendant who is released pending trial 
but cannot afford the cost of travel to cover the defendant's travel to 
the location of the courthouse for hearings or trial.
  However, the defendant must fund their own way back home, and a 
defendant in this position would not be able to receive financial 
support from the U.S. marshals for subsistence, such as lodging and 
meals. For an indigent defendant, these costs are sometimes 
insurmountable.
  For instance, a defendant from Hawaii who must attend their 2-week 
trial in the Southern District of New York, would have to figure out 
how to pay for 2 weeks of lodging in New York City, or a defendant 
released to live at home on the Navajo Reservation, who has a pretrial 
hearing at the Federal courthouse in Phoenix, Arizona, may not be able 
to afford gas for the 6-hour ride back home.
  For years, our Federal courts have struggled with how to assist 
indigent defendants when they find themselves in these difficult 
situations. But unfortunately, the courts' efforts have come up against 
the text of the statute. This bill would authorize courts in the 
interest of justice to order the U.S. marshals to cover roundtrip 
travel and subsistence for defendants who must attend court hearings 
but cannot afford to pay this on their own. The Judicial Conference of 
the United States has urged us to correct this grave unfairness. I am 
pleased to see that we are finally doing that with this bill.
  The second part of this bill concerning Federal magistrate judges is 
also supported by the Judicial Conference. Magistrate judges have trial 
jurisdiction over certain misdemeanors, except for class A 
misdemeanors, for which the maximum sentence is up to 1 year in 
custody. With a defendant's consent, however, a magistrate judge may 
exercise trial jurisdiction over a case involving a class A 
misdemeanor.
  Magistrate judges frequently do so and often hear class A misdemeanor 
cases all the way through judgment and sentencing. Under current law, a 
magistrate's jurisdiction ends after judgment is entered in a 
misdemeanor case and post-judgment jurisdiction reverts to the district 
court.
  Indeed, magistrate judges are not authorized to hear post-judgment 
motions, such as motions to vacate a sentence, even though they are the 
ones that handled the entire matter at the trial level and are best 
equipped to hear such post-judgment motions.
  Among other things, this bill would authorize a magistrate judge to 
hear post-judgment motions in misdemeanor cases in which she or he 
exercised trial jurisdiction. This amendment clearly improves judicial 
economy. It makes perfect sense. This is a straightforward and 
bipartisan measure that will help our criminal justice system in a more 
effective and fair manner.
  Mr. Speaker, I reserve the balance of my time.
  Mr. RESCHENTHALER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 8124, the Criminal Judicial 
Administration Act of 2020.
  This bill strengthens existing laws about transportation and 
subsistence for indigent criminal defendants. It does this when they 
are brought to court proceedings.
  H.R. 8124 allows a magistrate judge to decide post-judgment motions 
in a misdemeanor case where the magistrate judge was the judge who 
handled the underlying misdemeanor case.

[[Page H5143]]

This bill will also improve the efficiency of our court systems by 
allowing our courts to manage caseloads in a more efficient and 
economic manner.
  I thank the bipartisan effort of my colleagues, the sponsors of this 
legislation, Representatives Jeffries and Roby.
  Mr. Speaker, I urge my colleagues to join me in supporting this bill, 
and I reserve the balance of my time.
  Ms. GARCIA of Texas. Mr. Speaker, I yield 4 minutes to the gentleman 
from New York (Mr. Jeffries).
  Mr. JEFFRIES. Mr. Speaker, I thank the distinguished gentlewoman from 
Texas for her leadership and for yielding.
  Mr. Speaker, I rise in support of H.R. 8124, the Criminal Judicial 
Administration Act of 2020.
  This bipartisan bill will bring more efficiency and fairness to the 
criminal justice system by making two commonsense improvements to the 
administration of justice in America.
  First, the bill would authorize courts to direct the U.S. Marshals 
Service to provide subsistence and return transportation to the very 
small group of noncustodial defendants who are required to travel to 
court proceedings but are financially unable to cover the costs of 
doing so. While current law provides subsistence and travel to 
proceedings, there is a gap in the statute.

  H.R. 8124 will expand the statute to cover transportation, lodging, 
and food for defendants who are innocent until proven guilty, as they 
return home from these proceedings.
  Second, the bill will authorize magistrate judges to decide post-
judgment motions in misdemeanor cases in which they have already 
exercised trial jurisdiction. Magistrate judges try and sentence 
individuals in misdemeanor cases, but to consider a post-judgment 
motion, current law requires a referral by a district judge or the 
party's consent.
  This provision in H.R. 8124 will facilitate judicial economy and help 
reduce the caseloads of Article III district court judges by removing 
this requirement. The more efficient we can make our court system, the 
more effective and just it will be. These two noncontroversial changes 
would meaningfully improve the ability of our Federal courts to deliver 
equity and justice to the people that they serve.
  The Judicial Conference of the United States, the national 
policymaking body for our Federal court system, supports this important 
and necessary legislation.
  I thank the Committee on the Judiciary, and both sides of the aisle, 
for approving this bill by voice vote last month.
  I would also like to thank my colleague and partner, Representative 
Martha Roby, the ranking member of the Subcommittee on Courts, 
Intellectual Property, and the Internet, for partnering with me on this 
effort.
  I urge all of my colleagues to vote ``yes'' on H.R. 8124.

                              {time}  1400

  Mr. RESCHENTHALER. Madam Speaker, I reserve the balance of my time.
  Ms. GARCIA of Texas. Mr. Speaker, the Criminal Judicial 
Administration Act of 2020 is a modest but important bill. I commend 
our colleagues, Representatives Jeffries and Roby, for their leadership 
in bringing these important issues to our attention.
  I strongly urge my colleagues to join me in supporting this 
bipartisan bill, and I yield back the balance of my time.
  Mr. RESCHENTHALER. Mr. Speaker, I just want to say that, once again, 
I urge my colleagues to vote ``yes'' on H.R. 8124, the Criminal 
Judicial Administration Act of 2020, and I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Texas (Ms. Garcia) that the House suspend the rules 
and pass the bill, H.R. 8124, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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