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SENATE 328115th CongressRead twice and referred to the Committee on the Judiciary.

Equal Justice Under Law Act of 2017

Last Action
2/7/2017

Actions

  • 2017-02-07Read twice and referred to the Committee on the Judiciary.
  • 2017-02-07Introduced in Senate

CRS Summary

As of 2017-02-07 (00)

Equal Justice Under Law Act of 2017

This bill states that an indigent individual facing criminal prosecution or juvenile delinquency in a state court is entitled to the effective assistance of counsel, as guaranteed by the Sixth and Fourteenth Amendments, at the state's expense.

It authorizes a federal class action lawsuit against a state for its systemic failure to guarantee the right to effective assistance of counsel. The assistance of counsel is ineffective when a class of individuals demonstrates that counsel's performance was not reasonable under prevailing professional norms.

Additionally, the bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to modify the Edward Byrne Memorial Justice Assistance Grant (JAG) program. Specifically, it requires a state or local government to consult with public defenders before distributing JAG funds to community organizations and local governments.

Subjects

  • Civil actions and liability
  • Constitution and constitutional amendments
  • Criminal investigation, prosecution, interrogation
  • Criminal procedure and sentencing
  • Juvenile crime and gang violence
  • Law enforcement administration and funding
  • Lawyers and legal services
  • Legal fees and court costs
  • State and local courts
Read on Congress.gov

Sourced from Congress.gov (public domain).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.