S. 597Senate113th Congress (2013-2015)In Committee

Gideon's Promise Act

Introduced March 18, 2013

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1904-1905)

March 18, 2013

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SenateIntro Referral

Introduced in Senate

March 18, 2013

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S1903-1904, S1905-1907)

March 18, 2013

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1904-1905)

March 18, 2013

Floor Debate

2 members

What members said about S. 597 on the floor

2 Democrats
Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Mar 18, 2013

Mr. President, today I am reintroducing a private relief bill on behalf of Jorge Rojas Gutierrez, his wife, Oliva Gonzalez Gonzalez, and their son, Jorge Rojas Gonzalez, Jr. The Rojas family,…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Mar 18, 2013

Mr. President, 50 years ago today, the Supreme Court issued its landmark decision in Gideon v. Wainwright. That case affirmed a fundamental principle of our democratic society, that no person,…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Mar 18, 2013

Mr. President, 50 years ago today, the Supreme Court issued its landmark decision in Gideon v. Wainwright. That case affirmed a fundamental principle of our democratic society, that no person,…

Bill Text

Latest available legislative text

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Introduced in SenateIssued March 18, 2013

II

113th CONGRESS

1st Session

S. 597

IN THE SENATE OF THE UNITED STATES

March 18, 2013

Mr. Leahy introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To ensure the effective administration of criminal justice.

1.

Short title

This Act may be cited as the Gideon's Promise Act.

2.

Effective administration of criminal justice

(a)

Strategic planning

Section 502 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3752) is amended—

(1)

by inserting (a) In General.— before To request a grant; and

(2)

by adding at the end the following:

(6)

A comprehensive State-wide plan detailing how grants received under this section will be used to improve the administration of the criminal justice system, which shall—

(A)

be designed in consultation with local governments, and all segments of the criminal justice system, including judges, prosecutors, law enforcement personnel, corrections personnel, and providers of indigent defense services, victim services, juvenile justice delinquency prevention programs, community corrections, and reentry services;

(B)

include a description of how the State will allocate funding within and among each of the uses described in subparagraphs (A) through (G) of section 501(a)(1);

(C)

describe the process used by the State for gathering evidence-based data and developing and using evidence-based and evidence-gathering approaches in support of funding decisions; and

(D)

be updated every 5 years, with annual progress reports that—

(i)

address changing circumstances in the State, if any;

(ii)

describe how the State plans to adjust funding within and among each of the uses described in subparagraphs (A) through (G) of section 501(a)(1);

(iii)

provide an ongoing assessment of need;

(iv)

discuss the accomplishment of goals identified in any plan previously prepared under this paragraph; and

(v)

reflect how the plan influenced funding decisions in the previous year.

(b)

Technical assistance

(1)

Strategic planning

Not later than 90 days after the date of enactment of this subsection, the Attorney General shall begin to provide technical assistance to States and local governments requesting support to develop and implement the strategic plan required under subsection (a)(6).

(2)

Protection of constitutional rights

Not later than 90 days after the date of enactment of this subsection, the Attorney General shall begin to provide technical assistance to States and local governments, including any agent thereof with responsibility for administration of justice, requesting support to meet the obligations established by the Sixth Amendment to the Constitution of the United States, which shall include—

(A)

public dissemination of practices, structures, or models for the administration of justice consistent with the requirements of the Sixth Amendment; and

(B)

assistance with adopting and implementing a system for the administration of justice consistent with the requirements of the Sixth Amendment.

(3)

Authorization of appropriations

There is authorized to be appropriated $5,000,000 for each of fiscal years 2014 through 2018 to carry out this subsection.

.

(b)

Protection of constitutional rights

(1)

Unlawful conduct

It shall be unlawful for any governmental authority, or any agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by officials or employees of any governmental agency with responsibility for the administration of justice, including the administration of programs or services that provide appointed counsel to indigent defendants, that deprives persons of their rights to assistance of counsel as protected under the Sixth Amendment and Fourteenth Amendment to the Constitution of the United States.

(2)

Civil action by Attorney General

Whenever the Attorney General has reasonable cause to believe that a violation of paragraph (1) has occurred, the Attorney General, for or in the name of the United States, may, in a civil action, obtain appropriate equitable and declaratory relief to eliminate the pattern or practice.

(3)

Effective date

Paragraph (2) shall take effect 2 years after the date of enactment of this Act.