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Code · BILL · 115th Congress · S. 1917 (Introduced in Senate) — To reform sentencing laws and correctional institutions, and for other purposes. · Sec. 108

Sec. 108. Inventory of Federal criminal offenses

744 words·~3 min read·/bill/115/s/1917/is/section-108

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this section— the term criminal regulatory offense means a Federal regulation that is enforceable by a criminal penalty; the term criminal statutory offense means a criminal offense under a Federal statute; and the term Executive agency — has the meaning given the term in section 105 of title 5, United States Code; and includes the United States Postal Service and the Postal Regulatory Commission. Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report, which shall include— a list of all criminal statutory offenses, including a list of the elements for each criminal statutory offense; and for each criminal statutory offense listed under paragraph
(1)and organized by Federal district where applicable— the potential criminal penalty for the criminal statutory offense; the number of violations of the criminal statutory offense referred to the Department of Justice by an Executive agency for prosecution, including referrals from investigative agencies of the Department of Justice, in each of the years during the 15-year period preceding the date of enactment of this Act; the number of prosecutions for the criminal statutory offense brought by the Department of Justice each year for the 15-year period preceding the date of enactment of this Act; the number of prosecutions for the criminal statutory offense brought by the Department of Justice that have resulted in conviction for each year of the 15-year period preceding the date of enactment of this Act; the number of convictions for the criminal statutory offense that have resulted in imprisonment for each year of the 15-year period preceding the date of enactment of this Act; the average length of sentence of imprisonment imposed as a result of conviction for the criminal statutory offense during each year of the 15-year period preceding the date of enactment of this Act; the mens rea requirement for the criminal statutory offense; and the number of prosecutions for the criminal statutory offense in which the Department of Justice was not required to prove mens rea as a component of the offense. Not later than 1 year after the date of enactment of this Act, the head of each Executive agency shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report, which shall include— a list of all criminal regulatory offenses enforceable by the agency; and for each criminal regulatory offense listed under paragraph (1)— the potential criminal penalty for a violation of the criminal regulatory offense; the number of violations of the criminal regulatory offense referred to the Department of Justice for prosecution in each of the years during the 15-year period preceding the date of enactment of this Act; the number of prosecutions for the criminal regulatory offense brought by the Department of Justice each year for the 15-year period preceding the date of enactment of this Act; the number of prosecutions for the criminal regulatory offense brought by the Department of Justice that have resulted in conviction for each year of the 15-year period preceding the date of enactment of this Act; the number of convictions for the criminal regulatory offense that have resulted in imprisonment for each year of the 15-year period preceding the date of enactment of this Act; the average length of sentence of imprisonment imposed as a result of conviction for the criminal regulatory offense during each year of the 15-year period preceding the date of enactment of this Act; the mens rea requirement for the criminal regulatory offense; and the number of prosecutions for the criminal regulatory offense in which the Department of Justice was not required to prove mens rea as a component of the offense. Not later than 2 years after the date of enactment of this Act— the Attorney General shall establish a publically accessible index of each criminal statutory offense listed in the report required under subsection
(b)and make the index available and freely accessible on the website of the Department of Justice; and the head of each Executive agency shall establish a publically accessible index of each criminal regulatory offense listed in the report required under subsection
(c)and make the index available and freely accessible on the website of the agency. Nothing in this section shall be construed to require or authorize appropriations.
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