To make certain amendments to title 18 relating to bail. IN THE SENATE OF THE UNITED STATES FEBRUARY 6 (legislative day, JANUARY 5), 1981 Mrs. KASSEBAUM introduced the following bill; which was read twice and referred to the Committee on the Judiciary 1 A BILL To make certain amendments to title 18 relating to bail. Be it enacted by the Senate and House of Representa 2 tives of the United States of America in Congress assembled, 3 That subsections (a) and (b) of section 3146 of title 18, 4 United States Code, are amended to read as follows: 5 "(a) Any person charged with an offense, other than an 6 offense punishable by death, shall, at his appearance before a 7 judicial officer, be admitted to bail. If the defendant is ad8 mitted to bail, the amount thereof shall be such as in the 9 judgment of the judicial officer will insure the presence of the 2 1 defendant. The following factors shall be considered as bear 2 ing on the appearance of the defendant "(1) the nature and circumstances of the offense charged; "(2) whether the defendant is charged with or has been previously charged with offenses involving violence or threats of violence to persons or property, or offenses involving the possession of instrumentalities or substances capable of harming persons or property; "(3) the weight of the evidence against the de fendant; "(4) the severity of the penalties for the offenses charged; “(5) the defendant's family ties, employment, and financial resources; "(6) the length of the defendant's residence and employment in the community; "(7) the defendant's arrests and convictions for violations of criminal laws; "(8) the defendant's record of appearances at court proceedings; "(9) the defendant's character in the communities in which he has lived; and "(10) the defendant's mental condition and history of drug-related problems. 3 1 Other factors may be considered by the judicial officer if they 2 relate to the defendant's presence. 3 "(b) The judicial officer may release the defendant on 4 his personal recognizance only if the defendant produces con5 vincing evidence that 24 "(1) he has no prior arrests or convictions for criminal violations; "(2) he has demonstrated a responsible record of employment; "(3) he has family members which he supports in a satisfactory manner; "(4) he is a person of good character in the com munities in which he has lived; and “(5) the crime or crimes charged "(A) do not involve acts or threats of violence to persons or property; "(B) do not involve the possession of instrumentalities or substances capable of harming per sons or property; "(C) do not involve trafficking in drugs, ex tortion, or racketeering; and "(D) do not carry an aggregate sentence of more than five years' confinement. "(c) A judicial officer authorizing the release of a person 25 under this section shall issue an appropriate order containing 4 1 a statement of the conditions imposed, if any, shall inform 2 such person of the penalties applicable to violations of the 3 conditions of his release and shall advise him that a warrant 4 for his arrest will be issued immediately upon any such 5 violation. 6 "(d) Information stated in, or offered in connection with, 7 any order entered pursuant to this section need not conform 8 to the rules pertaining to the admissibility of evidence in a 9 court of law. 10 "(e) Nothing contained in this section shall be construed 11 to prevent the disposition of any case or class of cases by 12 forfeiture of collateral security where such disposition is 13 authorized by the court.". 14 SEC. 2. Section 3147 of title 18, United States Code, is 15 amended to read as follows: 16 "(a) In any case in which a person is detained pursuant 17 to section 3146 of title 18, United States Code, an appeal 18 may be taken to the court having appellate jurisdiction over 19 such court. 20 "(b) Any order appealed pursuant to this section shall be 21 reversed only if there is a clear abuse of judicial discretion in 22 applying the standards set forth in section 3146. If the order 23 is reversed, the court shall remand the case for further 24 hearing. 5 1 "(c) Any appeal pursuant to this section shall be dis 2 posed of not later than thirty days from the filing of such 3 appeal.". 4 SEC. 3. Section 3148 of title 18, United States Code, is 5 amended to read as follows: 6 "§3148. Release in capital cases or after conviction 7 "(a) A defendant charged with a capital offense or who 8 has been convicted of an offense and is either awaiting sen9 tence or sentence review or has filed an appeal or a petition 10 for a writ of certiorari, has no right to bail. In the case of a 11 defendant who has been convicted of an offense, the trial 12 court may admit the defendant to bail in such amount as in 13 the court's judgment will insure the presence of the defendant 14 after considering the same factors as for bail prior to convic15 tion set forth in section 3146. The court may release the 16 convicted defendant on his personal recognizance only if the 17 defendant produces convincing evidence to satisfy the re18 quirements for personal recognizance before conviction set 19 forth in section 3146, and, in addition, the court specifically 20 finds that there is substantial likelihood that the conviction 21 will be reversed. 22 "(b) If bail is fixed for a convicted defendant pending 23 sentence or appeal, the defendant may appeal the bail order 24 to the court having appellate jurisdiction which shall reverse |