Exclusionary Rule Reform Act of 1995 (Reported in the House)

HR 666 RH

Union Calendar No. 7

104th CONGRESS

1st Session

H. R. 666

[Report No. 104-17]

To control crime by exclusionary rule reform.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 25, 1995

Mr. McCollum introduced the following bill; which was referred to the

Committee on the Judiciary

FEBRUARY 2, 1995

Committed to the Committee of the Whole House on the State of the

Union and ordered to be printed

_________________________________________________________________

A BILL

To control crime by exclusionary rule reform.

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 `Exclusionary Rule Reform Act of 1995'.

SEC. 2. ADMISSIBILITY OF CERTAIN EVIDENCE.

(a) In General: Chapter 223 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 3510. Admissibility of evidence obtained by search or seizure

`(a) Evidence Obtained by Objectively Reasonable Search or Seizure:

Evidence which is obtained as a result of a search or seizure shall not be excluded in a proceeding in a court of the United States on the ground that the search or seizure was in violation of the fourth amendment to the Constitution of the United States, if the search or seizure was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. The fact that evidence was obtained pursuant to and within the scope of a warrant constitutes prima facie evidence of the existence of such circumstances.

`(b) Evidence Not Excludable by Statute or Rule:

`(1) Generally: Evidence shall not be excluded in a proceeding in a court of the United States on the ground that it was obtained in violation of a statute, an administrative rule or regulation, or a rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority.

`(2) Special rule relating to objectively reasonable searches and seizures: Evidence which is otherwise excludable under paragraph (1) shall not be excluded if the search or seizure was carried out in circumstances justifying an objectively reasonable belief that the search or seizure was in conformity with the statute, administrative rule or regulation, or rule of procedure, the violation of which occasioned its being excludable.

`(c) Rule of Construction: This section shall not be construed to require or authorize the exclusion of evidence in any proceeding.'.

(b) Clerical Amendment: The table of sections at the beginning of chapter 223 of title 18, United States Code, is amended by adding at the end the following:

`3510. Admissibility of evidence obtained by search or seizure.'.

Union Calendar No. 7

104th CONGRESS

1st Session

H. R. 666

[Report No. 104-17]

A BILL

To control crime by exclusionary rule reform.

-_________________________________________________________________

FEBRUARY 2, 1995

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed