Criminal Judicial Administration Act of 2021

IIB 117TH CONGRESS 1ST SESSION H. R. 2694 IN THE SENATE OF THE UNITED STATES JUNE 24, 2021 Received; read twice and referred to the Committee on the Judiciary AN ACT To amend title 18, United States Code, to provide for trans- portation and subsistence for criminal justice defendants, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 08:24 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2694.RFS H2694 kjohnson on DSK79L0C42PROD with BILLS 2 HR 2694 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Criminal Judicial Ad- 2 ministration Act of 2021’’. 3 SEC. 2. TRANSPORTATION AND SUBSISTENCE FOR CRIMI- 4 NAL JUSTICE ACT DEFENDANTS. 5 Section 4285 of title 18, United States Code, is 6 amended in the first sentence— 7 (1) by striking ‘‘when the interests of justice 8 would be served thereby and the United States judge 9 or magistrate judge is satisfied, after appropriate in- 10 quiry, that the defendant is financially unable to 11 provide the necessary transportation to appear be- 12 fore the required court on his own’’ and inserting 13 ‘‘when the United States judge or magistrate judge 14 is satisfied that the defendant is indigent based on 15 appointment of counsel pursuant to section 3006A, 16 or, after appropriate inquiry, that the defendant is 17 financially unable to provide necessary transpor- 18 tation on his own’’; 19 (2) by striking ‘‘to the place where his appear- 20 ance is required,’’ and inserting ‘‘(1) to the place 21 where each appearance is required and (2) to return 22 to the place of the person’s arrest or bona fide resi- 23 dence,’’; and 24 (3) by striking ‘‘to his destination,’’ and insert- 25 ing ‘‘which includes money for both lodging and 26 VerDate Sep 11 2014 08:24 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2694.RFS H2694 kjohnson on DSK79L0C42PROD with BILLS 3 HR 2694 RFS food, during travel to the person’s destination and 1 during any proceeding at which the person’s appear- 2 ance is required’’. 3 SEC. 3. EFFECTIVE USE OF MAGISTRATE JUDGES TO DE- 4 CIDE POSTJUDGMENT MOTIONS. 5 Section 3401 of title 18, United States Code, is 6 amended— 7 (1) in subsection (b)— 8 (A) in the second sentence, by striking 9 ‘‘and’’ after ‘‘trial, judgment,’’; 10 (B) in the second sentence, by inserting ‘‘, 11 and rulings on all post-judgment motions’’ after 12 ‘‘sentencing’’; 13 (C) in the third sentence, by striking 14 ‘‘and’’ after ‘‘trial, judgment,’’; and 15 (D) in the third sentence, by inserting ‘‘, 16 and rulings on all post-judgment motions’’ after 17 ‘‘sentencing’’; 18 (2) in subsection (c), by striking ‘‘, with the ap- 19 proval of a judge of the district court,’’; and 20 (3) by inserting after subsection (i) the fol- 21 lowing: 22 ‘‘(j) A magistrate judge who exercises trial jurisdic- 23 tion under this section, in either a petty offense case or 24 a misdemeanor case in which the defendant has consented 25 VerDate Sep 11 2014 08:24 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2694.RFS H2694 kjohnson on DSK79L0C42PROD with BILLS 4 HR 2694 RFS to a magistrate judge, may also rule on all post-judgment 1 motions in that case, including but not limited to petitions 2 for writs of habeas corpus, writs of coram nobis, motions 3 to vacate a sentence under section 2255 of title 28, and 4 motions related to mental competency under chapter 313 5 of this title.’’. 6 Passed the House of Representatives June 23, 2021. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 08:24 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2694.RFS H2694 kjohnson on DSK79L0C42PROD with BILLS