This page updated 8/15/98

***NONE***

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STATUS: Detailed Legislative Status

House Actions

Mar 5, 98:

Referred to the House Committee on the Judiciary.

Jun 16, 98:

Referred to the Subcommittee on Commercial and Administrative Law.

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STATUS: Congressional Record Page References

03/05/98 Introductory remarks on Measure

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COMMITTEE(S):

•COMMITTEE(S) OF REFERRAL:

House Judiciary

•SUBCOMMITTEE(S):

Hsc Commercial and Administrative Law

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AMENDMENT(S):

***NONE***

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196 COSPONSORS:

Rep Murtha - 03/05/98Rep King - 03/12/98Rep English - 03/12/98Rep Miller, D. - 03/12/98Rep Parker - 03/12/98Rep Hunter - 03/12/98Rep Duncan - 03/12/98Rep Schaefer - 03/12/98Rep Traficant - 03/12/98Rep Quinn - 03/12/98(withdrawn - 06/16/98)Rep Saxton - 03/12/98Rep Boehlert - 03/12/98Rep Smith, R. - 03/12/98Rep Lewis, Jerry - 03/12/98Rep Hefner - 03/12/98Rep Stokes - 03/24/98Rep Weldon, C. - 03/24/98Rep Goodling - 03/24/98Rep Sisisky - 03/24/98Rep Rohrabacher - 03/24/98Rep Moakley - 03/24/98Rep Horn - 03/24/98Rep Bachus - 03/24/98Rep Skeen - 03/24/98Rep Ford - 03/24/98Rep Baldacci - 03/24/98Rep Mica - 03/26/98Rep Cunningham - 03/26/98Rep Pickett - 03/26/98Rep Knollenberg - 03/26/98Rep Clay - 03/27/98Rep Callahan - 03/27/98Rep LoBiondo - 03/27/98Rep Bliley - 03/31/98Rep Dreier - 03/31/98Rep Young, D. - 03/31/98Rep Klink - 03/31/98Rep Fattah - 03/31/98Rep Walsh - 03/31/98Rep Rahall - 03/31/98Rep Visclosky - 03/31/98Rep Wamp - 03/31/98Rep Spence - 03/31/98Rep Calvert - 03/31/98Rep Condit - 03/31/98Rep Forbes - 03/31/98Rep Hobson - 04/01/98Rep Lazio - 04/01/98Rep Frelinghuysen - 04/01/98Rep Dickey - 04/01/98Rep Cox - 04/21/98Rep Dunn - 04/21/98Rep Cook - 04/21/98Rep McHale - 04/21/98Rep Reyes - 04/21/98(withdrawn - 06/11/98)Rep Rodriguez - 04/21/98Rep Doolittle - 04/21/98Rep Gallegly - 04/21/98Rep Watts - 04/21/98Rep McIntosh - 04/21/98Rep Rush - 04/21/98Rep Hinojosa - 04/21/98Rep Thurman - 04/21/98Rep Pombo - 04/21/98Rep Northup - 04/21/98Rep Holden - 04/21/98Rep Mollohan - 04/21/98Rep Doyle - 04/21/98Rep Borski - 04/21/98Rep Kanjorski - 04/21/98Rep Meek - 04/21/98Rep Jackson-Lee - 04/21/98Rep Scott - 04/21/98Rep Green - 04/21/98Rep Clyburn - 04/21/98Rep Redmond - 04/21/98Rep Shaw - 04/23/98Rep Goodlatte - 04/23/98Rep Taylor, C. - 04/23/98Rep Bilirakis - 04/28/98Rep Torres - 04/28/98Rep Collins, M. - 04/28/98Rep Kelly - 04/28/98Rep Davis, D. - 04/30/98(withdrawn - 07/29/98)Rep Wicker - 04/30/98Rep Packard - 04/30/98Rep Bilbray - 04/30/98Rep Dicks - 04/30/98Rep Stump - 04/30/98Rep Bonilla - 04/30/98Rep Gilman - 04/30/98Rep Pitts - 04/30/98Rep LaHood - 04/30/98Rep Lipinski - 04/30/98Rep Coburn - 04/30/98Rep Moran, James P. - 04/30/98(withdrawn - 07/29/98)Rep Pastor - 05/06/98Rep Stearns - 05/06/98Rep Fowler - 05/06/98Rep Ballenger - 05/06/98Rep Regula - 05/06/98Rep Solomon - 05/06/98Rep Pryce - 05/06/98Rep Chenoweth - 05/06/98Rep Manzullo - 05/06/98Rep Nussle - 05/06/98Rep Fazio - 05/06/98Rep Johnson, N. - 05/06/98Rep Smith, C. - 05/06/98Rep LaTourette - 05/06/98Rep Nethercutt - 05/06/98Rep Graham - 05/13/98Rep Campbell, Tom - 05/13/98Rep Mascara - 05/13/98Rep Pelosi - 05/13/98Rep Kaptur - 05/13/98Rep DeLauro - 05/13/98Rep Peterson, J. - 05/13/98Rep Watkins - 05/13/98Rep Ehlers - 05/13/98Rep Buyer - 05/13/98Rep Livingston - 05/13/98Rep Jefferson - 05/13/98Rep Scarborough - 05/13/98Rep Goss - 05/13/98Rep Young, C. - 05/14/98Rep Foley - 05/14/98Rep Wynn - 05/14/98Rep Greenwood - 05/14/98Rep Riley - 05/18/98Rep Aderholt - 05/18/98Rep Norwood - 05/20/98Rep Istook - 05/20/98Rep Hansen - 05/20/98Rep Houghton - 05/20/98Rep Hastings, D. - 05/20/98Rep DeLay - 05/20/98Rep Hilliard - 05/21/98Rep Tauzin - 05/21/98Rep Kingston - 05/21/98Rep Cummings - 05/22/98Rep Fawell - 05/22/98Rep Manton - 06/04/98Rep Thompson - 06/04/98Rep Strickland - 06/04/98Rep Ney - 06/04/98Rep Crapo - 06/09/98Rep Kildee - 06/09/98Rep Rivers - 06/09/98Rep Hill - 06/10/98Rep Smith, Adam - 06/10/98Rep Gilchrest - 06/10/98Rep Hostettler - 06/10/98Rep Martinez - 06/11/98Rep Norton - 06/11/98Rep Gillmor - 06/11/98Rep Edwards - 06/11/98Rep Danner - 06/11/98Rep John - 06/17/98Rep Clement - 06/17/98Rep Bentsen - 06/17/98Rep Pickering - 06/17/98Rep Kim - 06/17/98Rep Hefley - 06/17/98Rep Brady, Robert - 06/17/98Rep Luther - 06/17/98Rep Hastings, Alcee - 06/17/98Rep Bishop - 06/22/98Rep Minge - 06/22/98Rep Metcalf - 06/22/98Rep Lampson - 06/22/98Rep Tiahrt - 07/16/98Rep Peterson, C. - 07/16/98Rep Bartlett - 07/16/98Rep McCarthy, C. - 07/16/98Rep Moran, Jerry - 07/16/98Rep Stabenow - 07/16/98Rep McInnis - 07/16/98Rep Kilpatrick - 07/16/98Rep Emerson - 07/16/98Rep Everett - 07/16/98Rep Cubin - 07/16/98Rep Petri - 07/16/98Rep Blunt - 07/16/98Rep Sawyer - 07/16/98Rep Shadegg - 07/16/98Rep Millender-McDonald - 07/22/98Rep McKeon - 07/22/98Rep Neal - 07/22/98Rep Gibbons - 07/22/98Rep Sanchez - 07/22/98Rep Hinchey - 08/04/98Rep Fox - 08/04/98Rep Barton - 08/04/98Rep Hall, R. - 08/04/98Rep Bereuter - 08/04/98Rep Costello - 08/04/98Rep Hastert - 08/06/98Rep Castle - 08/06/98Rep Shays - 08/06/98

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SUMMARY:

(AS INTRODUCED)

TABLE OF CONTENTS:

•Title I: Ethical Standards for Federal Prosecutors •Title II: Punishable Conduct

Citizens Protection Act of 1998 - Title I: Ethical Standards for Federal Prosecutors - Subjects a Government attorney to State laws and rules, and local Federal court rules, governing attorneys in each State where such attorney engages in duties to the same extent and in the same manner as other attorneys in that State.

Directs the Attorney General to make and amend rules of the Department of Justice (DOJ) to assure compliance with this title.

Title II: Punishable Conduct - Directs the Attorney General to: (1) establish by rule that it shall be punishable conduct for any DOJ employee to seek an indictment in the absence of probable cause, to fail promptly to release information that would exonerate a person under indictment, to intentionally or knowingly misstate or alter evidence, to attempt to influence or color a witness's testimony, to act to frustrate or impede a defendant's right to discovery, to offer or provide sexual activities to any government witness or potential witness, to leak or otherwise improperly disseminate information to any person during an investigation, or to engage in conduct that discredits DOJ; and (2) establish penalties for engaging in such conduct, including probation, demotion, dismissal, referral of ethical charges to the bar, loss of pension or other retirement benefits, suspension from employment, and referral of the allegations (if appropriate) to a grand jury for possible criminal prosecution.

(Sec. 202) Sets forth procedures regarding written complaints of such conduct by a DOJ employee, investigation of such complaints by the Attorney General, and imposition of appropriate penalties.

(Sec. 203) Establishes an independent Misconduct Review Board to review all determinations by the Attorney General with respect to such complaints and to investigate allegations made in statements that may be submitted to it with respect to complaints for which the Attorney General has made no determination or imposed no penalty. Authorizes the Board to impose penalties established above.

Latest Action: On August 5, 1998, funding for this bill was discussed on the House floor. An amendment was introduced by Mr. Hutchinson to strike funding for the bill entirely from the DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 1999. An amendment was introduced by Mr. Conyers to not only retain funding for this bill, but to also include independent and special counsel as well in it's provisions. A vote on the Hutchinson amendment was declined, and a vote on the Conyers amendment was returned 249 to 182 in favor. This means that the provisions of the bill will be included in funding for the appropriations act for 1999, and will include independent and special counsel. I've posted the floor discussion, with links at the top of this page, in 3 parts. It is quite lengthy, but will give you some idea of how legislation is debated and decided in Congress.

Escalation of the Debate Over Abuse of Prosecutorial Powers:

Federal Court Rejects Leniency Promises - 10th Circuit U.S. Court of Appeals rules that promising lighter sentences in exchange for damaging testimony is tantamount to bribery. (U.S. v. Singleton - Full Text of Decision) Media Coverage of U.S. v. Singleton. United States Code, Title 18, Section 201©(2) - The Bribery Statute. 11th CIRCUIT LEGAL RULING FUELS PLEA BARGAIN DEBATE - Judge Zloch supports bribery interpretation. (U.S. v. Lowery - Full Text of Decision) Media Coverage of U.S. v. Lowery. Michigan Decision Supports the Status Quo. STANDARDS FOR CRIMINAL JUSTICE: PROSECUTION FUNCTION - from the American Bar Association. RECENT IDENTIFIED INSTANCES OF PROSECUTORIAL MISCONDUCT S. 2311 - Effective Prosecution and Public Safety Act of 1998 H.R. 3396 - Citizens Protection Act of 1998 - A bill to establish standards of conduct for Department of Justice employees, and to establish a review board to monitor compliance with such standards. House Pushes Tighter Ethics for U.S. Prosecutors - by Vicki Allen, Reuters News Service - Commentary on H.R. 3396.

The National Association of Criminal Defense Lawyers (NACDL)

Punch and Jurists - The Cutting Edge Guide to Federal Criminal Law

We the Sheeple - A Criminal Justice Bulletin Board