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H.R.659 — 93rd Congress (1973-1974) [93rd]
Sponsor:
Rep. Keating, William J. [R-OH-1] (Introduced 01/03/1973)

Summary:
Summary: H.R.659 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (01/03/1973)

Appellate Review Reform Act - Title I: Appeal From Sentence In United States Courts - Allows a defendant to file an application with the clerk of the district court for leave to appeal from the district court to the court of appeals the sentence of imprisonment of one year or more or death in specified instances. States that in reviewing such application the court of appeals shall consider whether there is prima facie indication that the sentence imposed on the defendant is excessive, although within lawful limits. Provides that if the application for leave to appeal is denied by the court of appeals, the decision is final and not subject to further judicial review.

Provides, that upon consideration of the appeal, the court of appeals may dismiss the appeal, affirm, reduce, modify, vacate, or set aside the sentence imposed, remand the cause and direct the entry of an appropriate sentence or direct such further proceedings to be had as may be required under the circumstances. States the defendant's sentence shall not be increased as a result of an appeal under this Act.

Authorizes the Administration Office of the United States Courts, in exceptional cases, to make emergency payments to those circuits which require immediate funds to implement the provisions of this title without reducing the quality of justice in the circuit.

Authorizes to be appropriated to carry out the provisions of this title not to exceed $1,000,000 for each fiscal year.

Title II: Appeal From Sentence in State Courts - Declares that no State shall receive any funds under title I of the Omnibus Crime Control and Safe Streets Act of 1968 if the Administrator of the Law Enforcement Assistance Administration finds that such State has not adopted a rule of law that takes effect no later than one year from the date of the enactment of this title and provides that any convicted person may appeal any sentence of imprisonment of one year or more or death in substantially the same manner and on substantially the same grounds as provided in title I of this Act with respect to appeals from Federal sentences.

Provides that any State which claims an inability to meet this eligibility requirement may specify in writing to the Administrator the reasons for such inability and the appropriations, authorizations, and administrative changes necessary to meet such requirement. Authorizes the Administrator to grant an extension of the applicable date of the eligiblity requirement, not to exceed a total of one additional year, if he finds that the State or locality has been making a good faith effort to comply with such requirement.

Provides that the Administrator may establish model timetables, provide technical assistance, disseminate information, and generally aid States in planning to comply with the eligibility requirement of this title.


Major Actions:
Summary: H.R.659 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (01/03/1973)

Appellate Review Reform Act - Title I: Appeal From Sentence In United States Courts - Allows a defendant to file an application with the clerk of the district court for leave to appeal from the district court to the court of appeals the sentence of imprisonment of one year or more or death in specified instances. States that in reviewing such application the court of appeals shall consider whether there is prima facie indication that the sentence imposed on the defendant is excessive, although within lawful limits. Provides that if the application for leave to appeal is denied by the court of appeals, the decision is final and not subject to further judicial review.

Provides, that upon consideration of the appeal, the court of appeals may dismiss the appeal, affirm, reduce, modify, vacate, or set aside the sentence imposed, remand the cause and direct the entry of an appropriate sentence or direct such further proceedings to be had as may be required under the circumstances. States the defendant's sentence shall not be increased as a result of an appeal under this Act.

Authorizes the Administration Office of the United States Courts, in exceptional cases, to make emergency payments to those circuits which require immediate funds to implement the provisions of this title without reducing the quality of justice in the circuit.

Authorizes to be appropriated to carry out the provisions of this title not to exceed $1,000,000 for each fiscal year.

Title II: Appeal From Sentence in State Courts - Declares that no State shall receive any funds under title I of the Omnibus Crime Control and Safe Streets Act of 1968 if the Administrator of the Law Enforcement Assistance Administration finds that such State has not adopted a rule of law that takes effect no later than one year from the date of the enactment of this title and provides that any convicted person may appeal any sentence of imprisonment of one year or more or death in substantially the same manner and on substantially the same grounds as provided in title I of this Act with respect to appeals from Federal sentences.

Provides that any State which claims an inability to meet this eligibility requirement may specify in writing to the Administrator the reasons for such inability and the appropriations, authorizations, and administrative changes necessary to meet such requirement. Authorizes the Administrator to grant an extension of the applicable date of the eligiblity requirement, not to exceed a total of one additional year, if he finds that the State or locality has been making a good faith effort to comply with such requirement.

Provides that the Administrator may establish model timetables, provide technical assistance, disseminate information, and generally aid States in planning to comply with the eligibility requirement of this title.


Amendments:
Summary: H.R.659 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (01/03/1973)

Appellate Review Reform Act - Title I: Appeal From Sentence In United States Courts - Allows a defendant to file an application with the clerk of the district court for leave to appeal from the district court to the court of appeals the sentence of imprisonment of one year or more or death in specified instances. States that in reviewing such application the court of appeals shall consider whether there is prima facie indication that the sentence imposed on the defendant is excessive, although within lawful limits. Provides that if the application for leave to appeal is denied by the court of appeals, the decision is final and not subject to further judicial review.

Provides, that upon consideration of the appeal, the court of appeals may dismiss the appeal, affirm, reduce, modify, vacate, or set aside the sentence imposed, remand the cause and direct the entry of an appropriate sentence or direct such further proceedings to be had as may be required under the circumstances. States the defendant's sentence shall not be increased as a result of an appeal under this Act.

Authorizes the Administration Office of the United States Courts, in exceptional cases, to make emergency payments to those circuits which require immediate funds to implement the provisions of this title without reducing the quality of justice in the circuit.

Authorizes to be appropriated to carry out the provisions of this title not to exceed $1,000,000 for each fiscal year.

Title II: Appeal From Sentence in State Courts - Declares that no State shall receive any funds under title I of the Omnibus Crime Control and Safe Streets Act of 1968 if the Administrator of the Law Enforcement Assistance Administration finds that such State has not adopted a rule of law that takes effect no later than one year from the date of the enactment of this title and provides that any convicted person may appeal any sentence of imprisonment of one year or more or death in substantially the same manner and on substantially the same grounds as provided in title I of this Act with respect to appeals from Federal sentences.

Provides that any State which claims an inability to meet this eligibility requirement may specify in writing to the Administrator the reasons for such inability and the appropriations, authorizations, and administrative changes necessary to meet such requirement. Authorizes the Administrator to grant an extension of the applicable date of the eligiblity requirement, not to exceed a total of one additional year, if he finds that the State or locality has been making a good faith effort to comply with such requirement.

Provides that the Administrator may establish model timetables, provide technical assistance, disseminate information, and generally aid States in planning to comply with the eligibility requirement of this title.


Cosponsors:
Summary: H.R.659 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (01/03/1973)

Appellate Review Reform Act - Title I: Appeal From Sentence In United States Courts - Allows a defendant to file an application with the clerk of the district court for leave to appeal from the district court to the court of appeals the sentence of imprisonment of one year or more or death in specified instances. States that in reviewing such application the court of appeals shall consider whether there is prima facie indication that the sentence imposed on the defendant is excessive, although within lawful limits. Provides that if the application for leave to appeal is denied by the court of appeals, the decision is final and not subject to further judicial review.

Provides, that upon consideration of the appeal, the court of appeals may dismiss the appeal, affirm, reduce, modify, vacate, or set aside the sentence imposed, remand the cause and direct the entry of an appropriate sentence or direct such further proceedings to be had as may be required under the circumstances. States the defendant's sentence shall not be increased as a result of an appeal under this Act.

Authorizes the Administration Office of the United States Courts, in exceptional cases, to make emergency payments to those circuits which require immediate funds to implement the provisions of this title without reducing the quality of justice in the circuit.

Authorizes to be appropriated to carry out the provisions of this title not to exceed $1,000,000 for each fiscal year.

Title II: Appeal From Sentence in State Courts - Declares that no State shall receive any funds under title I of the Omnibus Crime Control and Safe Streets Act of 1968 if the Administrator of the Law Enforcement Assistance Administration finds that such State has not adopted a rule of law that takes effect no later than one year from the date of the enactment of this title and provides that any convicted person may appeal any sentence of imprisonment of one year or more or death in substantially the same manner and on substantially the same grounds as provided in title I of this Act with respect to appeals from Federal sentences.

Provides that any State which claims an inability to meet this eligibility requirement may specify in writing to the Administrator the reasons for such inability and the appropriations, authorizations, and administrative changes necessary to meet such requirement. Authorizes the Administrator to grant an extension of the applicable date of the eligiblity requirement, not to exceed a total of one additional year, if he finds that the State or locality has been making a good faith effort to comply with such requirement.

Provides that the Administrator may establish model timetables, provide technical assistance, disseminate information, and generally aid States in planning to comply with the eligibility requirement of this title.


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