[Congressional Record Volume 167, Number 205 (Monday, November 29, 2021)]
[Senate]
[Page S8782]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself and Ms. Collins):
  S. 3271. A bill to amend title 18, United States Code, to provide for 
transportation and subsistence for criminal justice defendants, and for 
other purposes; to the Committee on the Judiciary.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3271

       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 2021''.

     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'';
       (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,''; and
       (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.''.
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