Exclusionary Rule Reform Act of 1995 (Passed by the House)

HR 666 EH

                               104th CONGRESS

                                 1st Session

                                  H. R. 666

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                                   AN ACT

To control crime by exclusionary rule reform.

     Be it enacted by the Senate and House of Representatives of the United
     States of America in Congress assembled,

SECTION 1. SHORT TITLE.

     This Act may be cited as the `Exclusionary Rule Reform Act of 1995'.

SEC. 2. ADMISSIBILITY OF CERTAIN EVIDENCE.

     (a) IN GENERAL- Chapter 223 of title 18, United States Code, is amended
     by adding at the end the following:

`Sec. 3510. Admissibility of evidence obtained by search or seizure

     `(a) EVIDENCE OBTAINED BY OBJECTIVELY REASONABLE SEARCH OR SEIZURE-
     Evidence which is obtained as a result of a search or seizure shall not
     be excluded in a proceeding in a court of the United States on the
     ground that the search or seizure was in violation of the fourth
     amendment to the Constitution of the United States, if the search or
     seizure was carried out in circumstances justifying an objectively
     reasonable belief that it was in conformity with the fourth amendment.
     The fact that evidence was obtained pursuant to and within the scope of
     a warrant constitutes prima facie evidence of the existence of such
     circumstances.

     `(b) EVIDENCE NOT EXCLUDABLE BY STATUTE OR RULE-

          `(1) GENERALLY- Evidence shall not be excluded in a proceeding in
          a court of the United States on the ground that it was obtained in
          violation of a statute, an administrative rule or regulation, or a
          rule of procedure unless exclusion is expressly authorized by
          statute or by a rule prescribed by the Supreme Court pursuant to
          statutory authority.

          `(2) SPECIAL RULE RELATING TO OBJECTIVELY REASONABLE SEARCHES AND
          SEIZURES- Evidence which is otherwise excludable under paragraph
          (1) shall not be excluded if the search or seizure was carried out
          in circumstances justifying an objectively reasonable belief that
          the search or seizure was in conformity with the statute,
          administrative rule or regulation, or rule of procedure, the
          violation of which occasioned its being excludable.

     `(c) RULES OF CONSTRUCTION- This section shall not be construed to
     require or authorize the exclusion of evidence in any proceeding.
     Nothing in this section shall be construed so as to violate the fourth
     article of amendments to the Constitution of the United States.

     `(d) LIMITATION- This section shall not apply with respect to a search
     or seizure carried out by, or under the authority of, the Bureau of
     Alcohol, Tobacco, and Firearms.

     `(e) LIMITATION- This section shall not apply with respect to a search
     or seizure carried out by, or under the authority of, the Internal
     Revenue Service.'.

     (b) CLERICAL AMENDMENT- The table of sections at the beginning of
     chapter 223 of title 18, United States Code, is amended by adding at
     the end the following:

          `3510. Admissibility of evidence obtained by search or seizure.'.

Passed the House of Representatives February 8, 1995.

Attest:

Clerk.

                               104th CONGRESS

                                 1st Session

                                  H. R. 666

                                   AN ACT

To control crime by exclusionary rule reform.