H.R. 956 – Reading Mode

115th CONGRESS

1st Session

H. R. 956

IN THE HOUSE OF REPRESENTATIVES

February 7, 2017

Mr. Jeffries (for himself and Mr. Collins of Georgia) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To regulate monitoring of electronic communications between a prisoner in a Bureau of Prisons facility and that prisoner’s attorney or other legal representative, and for other purposes.

Short title

This Act may be cited as the Effective Assistance of Counsel in the Digital Era Act.

Monitoring of electronic communications between prisoner and attorney

(a)

Prohibition on monitoring

Not later than 180 days after the date of the enactment of this Act, the Attorney General shall modify any program or system through which a prisoner (as such term is defined in section 107) sends or receives an electronic communication (as such term is defined in section 2510 of title 18, United States Code, and including the Trust Fund Limited Inmate Computer System) to exclude from monitoring the contents (as such term is defined in section 2510 of title 18, United States Code) of an electronic communication between a prisoner in a Bureau of Prisons facility and his or her attorney or other legal representative.

(b)

Retention of contents

The modification required under subsection (a) may allow for the retention of the contents of the electronic communications described in subsection (a).

(c)

Exception

If a court of competent jurisdiction determines that there is sufficient evidence to support a reasonable belief of the Government that the information contained in an electronic communication described in subsection (a) was for the purpose of perpetrating a fraud or crime, an in camera review of the contents of the communication may be conducted.