Imágenes de páginas
PDF
EPUB

"(3) Subjecting any person to violence or maliciously subjecting such person to unlawful restraint in the course of elicting a confession to a crime or any other information;

“(4) Subjecting any person to violence or unlawful restraint for the purpose of obtaining anything of value;

(5) Refusing to provide protection to any person from unlawful violence at the hands of private persons, knowing that such violence was planned or was then taking place; or

"(6) Aiding or assisting private persons in any way to carry out acts of unlawful violence."

(b) The enactment of this section shall not be construed as indicating an intent on the part of the Congress to prevent any State, any possession or Commonwealth of the United States, or the District of Columbia, from exercising jurisdiction over any offense over which they would have jurisdiction in the absence of the enactment of this section.

FEDERAL CIVIL REMEDIES FOR UNLAWFUL OFFICIAL VIOLENCE Sec. 4. Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) is a mended by inserting “(a)” immediately after “SEC. 1979.", and by adding at the end thereof the following:

"(b) Every city, county, or political subdivision of a State which has in its employ a person who, under color of any statute, ordinance, regulation, custom, or usage of such State, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress to the same extent as the person employed is liable to the party injured. As used in this subsection, the term 'State' includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa."

PROTECTION OF FEDERAL OFFICERS AND UNIFORMED MEMBERS OF THE ARMED

SERVICES FROM INJURY AND THREATS

Sec. 5. (a) Chapter 73 of title 18 of the United States Code is amended by adding at the end of such chapter the following new section: "§ 1510. Injuring or threatening to injure officers of the United States

“Whoever, by force, intimidation, or threat, prevents or attempts to prevent any person from accepting or holding any office, trust, or place of confidence under the United States, or attempts to induce by like means any officer of the United States to leave the place where his duties as an officer are required to be performed; or whoever injures or attempts to injure or threatens to injure any such person or the property of such person on account of the lawful discharge of the duties of his office, or while such person is engaged in the lawful discharge thereof; or whoever injures or attempts to injure or threatens to injure the property of any such person so as to molest, interrupt, hinder, or impede such person in the discharge of his official duties shall be subject to imprisonment for not more than six years, or a fine of not more than $5,000, or both; and if personal injury results shall be subject to imprisonment for not more than twenty years or a fine of not more than $10,000, or both; and if death results shall be subject to imprisonment for any term of years or for life.”

(b) The analysis of chapter 73, immediately preceding section 1501 of title 18 of the United States Code, is amended by adding at the end thereof the following: "1510. Injuring or threatening to injure officers of the United States."

(c) Section 1114 of title 18 of the United States Code is amended by striking out "officer or enlisted man of the Coast Guard” and inserting in lieu thereof "uniformed member of the Army, Navy, Air Force, Marine Corps, or Coast Guard”.

AMENDMENT TO SECTION 372 OF TITLE 18, UNITED STATES CODE, TO SPECIFY THE

PUNISHMENT IF PERSONAL INJURY OR DEATH RESULTS FROM A VIOLATION OF SUCH SECTION

SEC. 6. Section 372 of title 18, United States Code, is amended by inserting, before the period at the end thereof, a semicolon and the following: "and if personal injury results each of such persons shall be fined not more than $10,000 or imprisoned not more than twenty years, or both; and if death results each of such persons shall be imprisoned for any term of years or for life”.

(S. 2923, 89th Cong., 2d sess.) Å BILL Providing for jury selection in Federal and State courts, prosecution and removal to Federal

courts, civil preventive relief, civil indemnification, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as “The Civil Rights Protection Act of 1966."

TITLE 1-JURY SELECTION IN FEDERAL AND STATE COURTS

JURY SELECTION IN FEDERAL COURTS

SECTION 101. Section 1864 of title 28, United States Code, is amended to read as follows: “8 1864. Duties, compensation and methods of selecting and drawing jurors

"(a) JURY COMMISSION.-A jury commission shall be established in each judicial district, consisting of the clerk of the court or a duly qualified deputy clerk acting for the clerk, and one or more jury commissioners, appointed by the district court. The jury commissioner shall be a citizen of the United States of good standing, a resident of the district, and, at the time of his appointment, shall not be a member of the same political party as the clerk of the court or a duly qualified deputy clerk acting for the clerk. 'If more than one jury commissioner is appointed, each may be designated to serve in one or more of the places where court is held, and the clerk and the jury commissioner so designated shall constitute the jury commission for that part of the district. In the event that a jury commissioner is unable for any reason to perform his duties, another jury commissioner may be appointed, as provided herein, to act in his place until he is able to resume his duties. "(b) JURY SELECTION.

"(i) In the performance of its duties, the jury commission shall act under the direction and supervision of the chief judge of the district.

"(ii) The names of persons who may be called for grand or petit jury service shall be obtained under a sampling plan prepared by the jury commission with the approval of the chief judge and designed to provide a representative cross-section of the population of the judicial district without exclusion on the basis of race, color, sex, political or religious affiliation or economic or social status. The plan for obtaining such names and the method for carrying out such plan shall be prepared in consultation with and approved by the Director of the Administrative Office of the United States Courts, who may call upon the Director of the Bureau of the Census for advice and assistance.

"(iii) From the names obtained under subsection (ii) of this subsection, the names of not less than three hundred qualified persons, publicly drawn by chance, shall be placed in the jury box, wheel, or similar device.

"(iv) The names of jurors for service on grand and petit juries shall be publicly drawn by chance from the jury box, wheel, or similar device.

“(y) In determining whether persons whose names are to be placed in the jury box, wheel, or similar device are qualified as jurors under section 1861 of title 28, as amended, the jury commission may use such questionnaires and other means as the chief judge, with the approval of the Director of the Administrative Office of the United States Courts, may deem appropriate, including the administration of oaths. The questionnaires may be filled out by the individual or by another on his behalf. With the approval of the chief judge, the jury commission may designate deputy clerks and other employees in the office of the clerk of the court to assist the commission in the performance of its duties, and to perform under its direction such of the detailed duties of the commission as in the opinion of the chief judge could be assigned

to them. "(c) RECORDS.—The jury commission shall keep records of the names obtained under subsection (b)(ii) of this section, the names of persons placed in the jury box, wheel, or similar device, the questionnaires, if any, returned by said persons, the names and race of the persons drawn from the jury box, wheel, or similar device, the names of those performing jury service and the dates thereof, and such additional appropriate records as the chief judge may direct. Such records shall be retained for a period of not less than four years.

"(d) ENFORCEMENT BY COURT OF APPEALS.—On application of any citizen residing in, or litigant in, any judicial district or of the Attorney General of the United States, alleging that the jury selection procedures or recordkeeping requirements set forth in subsections (b) and (c) of this section are not being fully implemented, the United States court of appeals for the judicial circuit in which said judicial district is located shall, upon a showing thereof, appoint jury commissioners responsible to said court of appeals and direct such jury commissioners in the selection of juries and the keeping of records in accordance with such subsections (b) and (c) of this section. Where evidence is required for a determination by the court of appeals, the court may hear the evidence itself or appoint a master to act for it in accordance with law.

"(e) RETURN OF JURY SUPERVISION.—The court of appeals may, on its own motion or on application of the chief judge of the judicial district, direct the return of supervision and control of the jury selection procedures to the chief judge and to the jury commission for said judicial district at any time when the court of appeals finds that there is reasonable cause to believe that the jury selection procedures and recordkeeping requirements prescribed in subsections (b) and (c) of this section will be fully implemented.

"(f) COMPENSATION.- Each jury commissioner appointed on a part-time basis shall be compensated for his services at the rate of $25 per day for each day in which he actually and necessarily is engaged in the performance of his official duties, to be paid upon certificate of the chief judge of the district.

"Each jury commissioner appointed on a full-time basis shall receive a salary to be fixed from time to time by the Judicial Conference of the United States at a rate which, in the opinion of the Judicial Conference, corresponds to that provided by the Classification Act of 1949, as amended, for positions in the executive branch with comparable responsibilities.

"Each jury commissioner shall receive his traveling and subsistence expenses within the limitations prescribed for clerks of district courts while absent from his designated post of duty on official business.

"(g) DELEGATION.--Any of the powers or duties conferred upon the chief judge under this section may be delegated by him to another judge of the district: Provided, however, That where part of a district by agreement or order of court is assigned to one particular judge and he customarily holds court there, as to such part of the district he shall perform the functions and fulfill the duties conferred upon the chief judge in this section."

Sec. 102. Section 1861(2) setting forth qualifications of Federal jurors is amended by striking out the words "read” and “write.

Sec. 103. Section 1863 is amended by adding the following sentence to sudsection (b): “If the district judge determines that the ability to read or write English is reasonably required in order for jurors to perform their duties in any particular case or cases, he shall be empowered to exclude those who cannot read or write English, except that no person shall be excluded on this ground who has completed the sixth grade in an English language school.”

SEC. 104. Section 1871 is amended by striking the words "$10 per day” and inserting in their place “$15 per aay or loss of pay, whichever is greater"; and by striking the words “$14 for each day" and inserting in their place “$20 per day or loss of pay, whichever is greater for each day”; and by striking the words "subsistence of $10 per day shall be allowed" and inserting in their place "subsistence allowance given to Federal employees shall be allowed"; and by striking the words "jury fees in excess of $10 per diem” and inserting in their place "jury fees in excess of $15 per diem.”

JURY SELECTION IN STATE COURTS

Sec. 105. RECORDS.-Each State or local court shall keep records of the names of all persons on the jury list for said court, names of those persons placed in the jury box, wheel or similar device, questionnaires, applications, or documents of any sort used in the selection of jurors, the names and race of the persons drawn from the jury box, wheel or similar device, the names of those performing jury service and the dates thereof, and such additional appropriate records as the judge or judges of said court may direct. Such records shall be retained for a period of not less than four years.

SEC. 106. JURY DISCRIMINATION.- (a) On application of any citizen residing within the area of, or any litigant in, any State or local court, or of the Attorney General of the United States, alleging that persons have been systematically excluded from grand or petit juries on grounds of race or color in such State or local court or that the recordkeeping requirements of section 105 are not being fully implemented, the Federal district court for the district in which said State or local court is located shall, upon a showing thereof, direct the Director of the Administrative Office of the United States Courts, directly or through subordinate officials, to assume responsibility for the selection and administration of juries in that State or local court, and the Director shall administer and supervise the selection of juries in accordance with the procedures set forth in subsections (b) and (c) of section 101. The Director may, if practical, use the Federal list or part thereof of jurors for the area in which said State or local court is located. The Director shall act without regard to State and local laws and regulations applicable to jury selection and service in said State or local court and all judges therein shall apply Federal law governing jury selection and service. The Director may, in accordance with civil service laws, appoint and fix the compensation of such officers, attorneys and employees, and make such expenditures, as may be necessary to carry out his duties under this section. The Director may call upon the Director of the Bureau of the Census for advice and assistance in carrying out his duties.

(b) Any final judgment of any Federal or State court within five years prior to the filing of the application in the district court and whether prior to or after the effective date of this Act, determining that there has been systematic exclusion from jury service on grounds of race or color in any State or local court, shall establish such exclusion unless the State or local court, through its clerk or other appropriate official, satisfies the district court that such exclusion no longer exists.

(c) Whenever it is shown that over a period of two years the ratio which the number of persons of any race or color within the area of any State or loc court bears to the total population of that area exceeds by one-third or more the ratio which the number of persons of that race or color serving on grand and petit juries bears to the total number of persons serving on such juries, this shall be deemed to establish systematic exclusion on grounds of race or color: Provided, however, That in case all or part of the two-year period antedates the effective date of this Act, the State or local court, through its clerk or other appropriate official, shall be given the opportunity to demonstrate that such exclusion no longer exists.

Sec. 107. The State or local court may make application for reinstatement of State procedures to the United States District Court for the District of Columbia which may approve the reinstatement of said procedures if it finds that there is no longer reasonable cause to believe that persons will be excluded from jury service by reason of race or color, or that there will be continued failure to keep records.

Sec. 108. Whenever the Attorney General has reasonable cause to believe that any change in the qualifications, standards, or limitations on the right to a jury trial, operation of the jury system, or the selection of, or challenges to, individual jury members or panel, for any case or class of cases in any State or local court different from those in force and effect on January 1, 1966, will have the purpose or effect of circumventing this title, he may bring an action in the Federal district court for the district in which such State or local court is located to enjoin such change in qualifications, standards, limitations, operation, selection, or challenge and the district court may grant such temporary or final relief as may be necessary to prevent such circumvention of this title.

GENERAL

Sec 109. Sections 106 (c) and 202(f) (ii) shall not apply in any area unless a racial or color minority constitutes at least 10 per centum of the total population of the area.

Sec. 110. Any person who willfully fails to comply with the recordkeeping requirements of this title shall be fined not more than $1,000 or imprisoned not more than one year, or both.

Sec. 111. The provisions of title 42, United States Code, sections 1974 (a), (b), (c), and (d) shall apply with respect to jury records required to be maintained under this title.

Sec. 112. This title shall become effective ninety days after the date of its enactment. TITLE II-PROSECUTION IN AND REMOVAL TO FEDERAL COURTS

FEDERAL TRIAL OF STATE OFFENSES Sec. 201. The district courts of the United States shall have original jurisdiction, concurrent with the courts of the States, of all prosecutions for offenses (whether felonies, misdemeanors or other offenses) defined by the laws of the State or of any subdivision of the State where acts or omissions constituting the charged offense occur, whenever prosecution of such offenses in a Federal district court is necessary and proper to assure equal protection of the laws.

Sec. 202. (a) Objection to the jurisdiction of the district court conferred by section 201 shall be entertained only if made before trial and in the manner authorized by the Federal Rules of Criminal Procedure in effect at the time of the objection. If such objection is not made before trial, the jurisdiction of the district court shall not thereafter be questioned in any manner or by any court.

(b) In the event of a properly presented objection to the jurisdiction of the district court under section 201, the question whether the prosecution of the charged offense in a Federal district is necessary and proper to assure equal protection of the laws shall be promptly decided by the district court sitting without jury, and its decision sustaining or overruling the objection shall be reviewable by interlocutory appeal to the court of appeals within ten days after the entry of the order.

(c) If any one of the circumstances specified in subsection (d) of this section and any one of the circumstances specified in subsection (e) of this section are established by a preponderance of the evidence, the district court shall find that prosecution of the charged offense in a Federal district court is necessary and proper to assure equal protection of the laws.

(d) The circumstances first referred to in subsection (c) of this section are that the victim of the offense is:

(i) A member of a racial or color group subject to the discrimination set forth in subsection (e) of this section; or

(ii) A person who, by words or action, was advocating or supporting at or near the time of the offense the exercise or enjoyment by any member or

members of such group of equal protection of the laws. (e) The circumstances second referred to in subsection (c) of this section are: that in any county or other political subdivision, where, under applicable State law the offense might be tried, the members of any racial or color group are

(i) systematically excluded from actual service on grand or petit juries in the State or local courts, whether their absence be caused by exclusion from the venires, or by excuses or challenges peremptory or for cause, or otherwise;

(ii) systematically denied in any manner the franchise in elections at which any prosecuting official or judge in the county or other political subdivision, or any official who appoints any such prosecuting official or judge, is elected;

(iii) systematically segregated in, or discriminated against in any manner in connection with the services or facilities of, State or local jails, prisons, police stations, courts or other public buildings related to the administration of justice;

(iv) systematically subjected to harsher punishment upon conviction of crime than those to which persons generally convicted of crime are subjected;

(v) systematically subjected to more onerous terms or conditions of bail or conditional release than those to which defendants generally are subjected. (f)(i) Any final judgment of any Federal or State court within five years prior to the commencment of the prosecution under section 201 determining that there has been, on grounds of race or color, systematic exclusion from jury service in the State or local courts of the county or other political subdivision, or systematic denial of the franchise in any election in the county or other State political subdivision shall establish the circumstance described in subsection 202(e) (i) or (ii), as the case may be, unless the defendant satisfies the court that the circumstances described in said subsection (i) or (ii) no longer exist.

(ii) Whenever it is shown that over a period of two years the ratio which the number of persons of any race or color within the county or other political subdivision bears to the total population of said county or other political subdivision exceeds by one-third or more the ratio which the number of persons of that race or color serving on grand and petit juries bears to the total number of persons serving on such juries, or the ratio which the number of persons of that race or color registered to vote bears to the total number of persons registered to vote, this shall

be deemed to establish the circumstances described in subsection 202(e) (i) or (ii): Provided however, That in case all or part of the two-year period antedates the effective date of this Act, the defendant shall be given the opportunity to demonstrate that such exclusion from juries or franchise no longer exists.

Sec. 203. (a) Prosecutions under the jurisdiction conferred by section 201 shall be commenced by indictment by a Federal grand jury in all cases in which the Constitution requires that prosecution be by indictment; in other cases, prosecution may be by indictment or by information.

or

« AnteriorContinuar »