[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8856 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8856
To protect the constitutional right to trial and discourage imposition
of extended sentences for defendants who elect to go to trial instead
of accepting a plea offer, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 27, 2024
Mr. Armstrong (for himself, Mr. Griffith, Mr. Burgess, Ms. Scanlon, Mr.
Johnson of Georgia, and Mr. Trone) introduced the following bill; which
was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To protect the constitutional right to trial and discourage imposition
of extended sentences for defendants who elect to go to trial instead
of accepting a plea offer, and for other purposes.
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 ``Right to Trial Act''.
SEC. 2. FACTORS FOR CONSIDERATION WHEN IMPOSING A SENTENCE; AUTHORITY
TO DEVIATE FROM STATUTORY MINIMUM.
(a) Factors.--Section 3553(a) of title 18, United States Code, is
amended--
(1) in paragraph (5)(B), by striking the period and
inserting a semicolon;
(2) in paragraph (6), by striking ``; and'' and inserting a
semicolon;
(3) in paragraph (7), by striking the period and inserting
a semicolon; and
(4) by adding at the end the following:
``(8) the need to protect the constitutional right to a
trial, including by prohibiting impairment of such a right in
any case in which an increased sentence is threatened or
imposed based on a defendant's decision to go to trial and not
accept a plea offer;
``(9) in the case of--
``(A) crimes involving similarly situated
codefendants or group conduct, the plea offer, if
applicable, and each sentence (and anticipated
sentence) of any similarly situated codefendant or
similarly situated other person charged in the same or
related offense who pled guilty; and
``(B) crimes not involving codefendants or group
conduct, the plea agreements and the sentences for
similarly situated defendants who pled guilty to
similar offenses; and
``(10) whether imposition of a statutory minimum sentence
would constitute a penalty for asserting the constitutional
right to a trial, thereby warranting imposition of a sentence
below the statutory minimum.''.
(b) Authority.--Section 3553(e) of title 18, United States Code, is
amended by inserting after ``committed an offense.'' the following:
``The court shall have the authority to impose a sentence below a level
established by statute as a minimum sentence so as to protect the
constitutional right to trial.''
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