A bill to make certain amendments to title 18 relating to bail.

Summary

Amends the Federal criminal code with respect to the circumstances under which a person charged with or convicted of a crime may be released on bail or personal recognizance. Permits a defendant to be released on personal recognizance only if the crime charged does not: (1) involve violence, extortion, racketeering, trafficking in drugs, or possession of instruments or substances capable of harming persons or property; and (2) carry an aggregate sentence of more than five years' imprisonment. Conditions release on personal recognizance on a showing by the defendant by convincing evidence that he or she: (1) has no prior arrests; (2) has a responsible employment record; (3) supports family members; and (4) is a person of good character. Entitles a person charged with an offense other than one punishable by death to be admitted to bail, in such amount as will insure his or her presence. Adds to those factors which bear on the defendant's appearance: (1) whether the defendant is or has been charged with offenses involving violence or possession of instruments or substances capable of harming persons or property; (2) the severity of the penalties for the offense charged; (3) any history of drug-related problems; and (4) other factors relating to the defendant's presence. Permits a person who is denied release to appeal to the appropriate court, but conditions reversal on a clear abuse of judicial discretion in applying the standards. Provides that a defendant charged with a capital offense or awaiting sentence or appeal following a conviction has no right to bail. Permits the trial court, after consideration of the same factors applicable to a person charged with an offense, to grant bail to a defendant who has been convicted of an offense.

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Documents

1 official file

• Introduced in Senate

  summary · EN · 6 February 1981

  Open at official source

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