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Section 106(a) provides that any citizen residing in, or any litigant in a state or local court, or the Attorney General of the United States, may obtain judicial review of jury selection procedures or record keeping by applying to the federal district court for the district in which the state or local court concerned is located. If the federal court finds that there has been discrimination on the ground of race or color, it is to direct the Director of the Administrative Office of the U.S. Courts to select juries in accordance with the provisions of this bill. Where practical, the Director may use the Federal jury list. Applicable state and local law shall be disregarded and all judges in the affected area shall apply the federal law governing jury selection and service. All appointments of personnel to assist the Director in the performance of duties authorized by this bill are subject to the civil service laws. The Director may consult with the Bureau of the Census for purposes of preparing representative cross section lists.
(b) A judicial determination of discrimination in jury selection within five years of the filing of an application for judicial review establishes the fact of discrimination unless the affected court demonstrates that it no longer exists. For purposes of this section, the initial finding of discrimination may have been made either before or since passage of this bill.
(c) In addition to (b) above, the fact of discrimination may be established by showing that over a period of two years, persons of a particular race or color have been under-represented on juries by at least one-third in terms of their relative size to the total population of the area. It is provided, however, that if any part of the two-year period that enters into the computation antedates the effective date of this bill, the affected court will be given an opportunity to demonstrate that the presumed discrimination no longer exists.
Section 107 provides for reinstatement of state procedures. Upon application of the affected court, the United States District Court for the District of Columbia may reinstate state procedures if it finds that there is no reasonable cause to believe that there will be discrimination in jury service or defalcation in record keeping.
Section 108 authorizes the Attorney General of the United States to petition the appropriate district court to enjoin any new or changed jury requirements (different from those in effect on January 1, 1966) which he believes are intended or will have the effect of circumventing the provisions of this bill. GENERAL
Section 109 provides that the provisions of section 106(c) and 202(f) (ii), relating to the automatic establishment of jury discrimination through service-population ratios, are inapplicable where a racial or color minority comprises less than 10 percent of the total population of the area.
Section 110 makes willful failure to comply with the record-keeping requirements of this title punishable by a fine of not more than $1000 or by imprisonment for not more than one year, or both.
Section 111 subjects the jury record keeping provisions of this bill to some of the requirements of existing law (42 U.S.C. 1974 a, b, c, d) governing the retention and preservation of federal election records.
42 U.S.C. 1974a provides that any person who, whether or not an officer of election or custodian, willfully steals, destroys, conceals, mutilates, or alters any of the records required to be retained and preserved shall be fined not less than $1,000 or imprisoned not more than one year or both.
42 U.S.C. 1974b provides that records required to be preserved by this title shall, upon the written demand of the Attorney General or his representative, be made available for inspection, reproduction and copying. Demand, however, must contain a statement of the basis and purpose therefore.
42 U.S.C. 1974c provides that unless ordered by a Court of the United States, neither the Attorney General nor his representative nor any employee of the Department of Justice, shall disclose any record or paper produced pursuant to this title except to the Congress and any of the committees, governmental agencies, or in a court proceeding.
42 U.S.C. 1974d vests jurisdiction to compel the production of the record or paper in the federal district courts.
Section 112 provides that this title shall become effective 90 days after its enactment.
TITLE II-PROSECUTION IN AND REMOVAL TO FEDERAL COURTS Federal trial of Stake offenses
Section 201 gives the federal district courts jurisdiction of certain felonies and misdemeanors or other offenses, where federal prosecution is necessary to assure the equal protection of the laws."
Section 202(a) provides that any objection to the extension of federal jurisdiction pursuant to section 201 must be made before the trial and in accordance with the Federal Rules of Criminal Procedure. The failure to make timely objection precludes raising the jurisdictional question thereafter.
(b) When timely objection is made, the court must promptly decide the question whether the prosecution of the offense in a federal court is necessary and proper to assure the equal protection of the laws. An appeal from the district courts's decision on the objection must be filed in the court of appeals within 10 days of the entry of the order.
(c) The federal district court is authorized to prosecute an offense when one of the circumstances spelled out in both paragraphs (d) and (e), immediately following, are established by a preponderance of the evidence.
(d) In order to exercise the jurisdiction conferred by section 201, the federal court must find that the victim of the offense is either (i) a member of a racial or color group subject to one of the kinds of discrimination described in paragraph (e), or (ii) a person who, by word or deed, at or near the time the offense was committed, was supporting the exercise of the equal protection of the laws by any member of a racial or color group.
(e) In addition to one of the above, the federal court is required to find that the local political unit having jurisdiction of the offense has systematically discriminated against a member of any racial or color group with respect to one of the following: (1) jury service; (2) voting; (3) law enforcement services or facilities; (4) punishment upon conviction of crime; (5) conditions of bail or terms of conditional release.
(f) (i) A judicial determination of systematic jury or voting discrimination within five years of commencement of the prosecution for the offense charged establishes the conditions specified in paragraph (e) (i) or (ii), whichever is relevant, unless the defendant satisfies the court that such discrimination no longer exists.
(1)(ii) The fact of discrimination, for purposes of subparagraph (e) (1) (jury service), may be established by showing that over a period of two years persons of a particular race or color have been under-represented on juries by at least one-third in terms of their relative size to the total population of the area. A similar disparity in voter registration among such persons satisfies the requirements of subparagraph (e) (2) (voting). In either case, however, it is provided that if any part of the two year period which enters into the computation antedates the effective date of this bill, the defendant shall be given ample opportunity to demonstrate that such discrimination no longer exists. By virtue of section 109, the provisions of this subsection are inapplicable to an area where a racial minority constitutes less than 10 percent of the population,
Section 203 (a) provides that federal prosecutions authorized by this title shall be by indictment in the case of capital or infamous crimes (U.S. Const., Amendment 5); in other cases, prosecution may be by indictment or by information.
(b) Before the district court may prosecute an offense pursuant to this title, the Attorney General of the United States must certify that federal prosecution will fulfill the responsibility of the government to assure the equal protection of the laws. The filing of the certificate, which is not subject to judicial review, operates to divest the state court of any vestige of jurisdiction in the matter and vests exclusive jurisdiction for prosecuting the offense in the federal authorities.
(c) If the Attorney General fails to file the required certificate prior to final arraignment the district will dismiss the prosecution without prejudice.
(d) Federal authorities, including judicial, executive, administrative and law enforcement officers, are authorized to exercise their lawful powers to prevent and investigate any offense cognizable by this title and to prosecute those persons responsible for such an offense notwithstanding the absence of certification and a final determination of the jurisdictional issues. Moreover, these powers may be exercised with respect to all offenses covered by this bill regardless of restrictions thereon in existing law. Although subject to the general direction of the Attorney General, these officials may operate without awaiting specific instructions from him where prompt action is required to prevent or investigate an offense covered by this title or to apprehend or prosecute offenders. The Attorney General may implement this subsection by issuing rules and regulations.
Removal by the Attorney General
Section 204 (a) authorizes the Attorney General to remove to a federal court any offense covered by this title which has been commenced in a state court. Removal may be exercised at any time before jeopardy attaches (i.e., before the jury is empaneled). Removal would be to the district court for the district embracing the place where the prosecution is pending.
(b) In order to remove a prosecution to the federal courts, the Attorney General must certify that such action is necessary to assure the equal protection of the laws. The filing of the certificate together with a copy thereof, to the court in which the prosecution is pending, effects removal of the case and terminates all state proceedings in this matter.
Upon removal, the state courts would be divested of all jurisdiction in the case. The certificate of the Attorney General is not subject to judicial review.
(c) If the prosecution involves a capital offense and the state has not indicated the defendant prior to removal, a federal grand jury would be required to return an indictment within a reasonable time. The failure to indict within a reasonable time operates to remand the proceeding to the state court.
Section 205(a) provides that proceedings under this title shall be subject to the Federal Rules of Criminal Procedure.
(b) The punishment prescribed by state law would apply in the case of a conviction in the federal courts. For all other purposes, including payment of fine, custody, probation, parole and pardon, federal criminal law shall apply.
(c) The foregoing provisions expire on January 1, 1975. Investigation of jury exclusion
Section 206(a) directs the Commission on Civil Rights to investigate jury selection procedures wherever it believes racial or color discrimination exists.
(b) In advance of publishing any report of the investigation, the Commission is required to submit its findings to the appropriate local officials who shall be given an opportunity to rebut them. The Commission may revise its proposed findings in light of these rebuttals. Any unsettled issues of fact are to be considered at a public hearing. The hearing may be conducted by either the Commission or its designees who are authorized to exercise Commission powers. Hearing officers are to make a report to the Commission, including statements of local authorities and a record of the proceedings. Thereafter, the Commission is to publish its report together with data on which its findings are based. The courts would take judicial notice of the Commission's reports.
(c) Federal courts conducting proceedings authorized by this bill shall accept all uncontroverted findings and data of the Commission and make their findings in accordance therewith.
(d) The powers conferred on the Commission by this bill are in addition to those authorized by existing law. Federal offenses Section 207 amends 18 U.S.C. 241, relating to conspiracies against the federal
ts of citizens. Paragraph (a) makes it a crime for any person: (1) to willfully injure, oppress, threaten or intimidate any person in the free exercise or enjoyment of any right, privilege, or immunity protected by the Constitution or law of the United States, or because he exercized such right, etc.;
(2) to intentionally commit an assault or battery upon any person exercising, attempting to exercise, or advocating the exercise of any right, etc., protected against discrimination on account of race or color by the Constitution or laws of the United States; or
(3) to intentionally commit an assault or battery upon any person, when he or his assailant are using any facility in interstate commerce or where the assailant uses anything that has moved in commerce, in order to prevent the victim or victims from exercising or advocating equal rights or opportunities free from discrimination on account of race or color, or to intimidate same.
Violators shall be fined not more than $1,000 or imprisoned not more than one year or both. Violations of these provisions which result in death or grave bodily injury shall be fined not more than $10,000 or imprisoned for not more than 20 years or both.
(b) Similar penalties are authorized in the case of two or more persons who go in disguise on the highway or on the premises of another with intent to prevent or hinder the free exercise or enjoyment of any right, etc., covered by paragraph (a). TITLE III-CIVIL PREVENTIVE RELIEF Section 301 authorizes the Attorney General to institute a civil action for preventive relief, for the United States or in the name of the United States, whenever a person has engaged or is about to engage in any act or practice which would deprive any other person because of race or color of any right, privilege, or immunity protected by the Constitution or laws of the United States.
Section 302 provides that the Attorney General may institute a civil action for preventive relief, for the United States or in the name of the United States, whenever a person has engaged or is about to engage in any act or practice which would deprive any other person, or hinder him in the exercise of, the right to speak, assemble, petition, or otherwise express himself for the purpose of advocating equality of persons or opportunity free from discrimination because of race or color. A private individual may institute similar proceedings in his own right if he is one of the two types of persons described in section 202(d) and if a preponderance of the evidence establishes that the threatened or actual harm occurs in an area that has systematically discriminated against a member of any racial or color group with respect to one of the following: (1) jury service; (2) voting; (3) law enforcement services or facilities; (4) punishment upon conviction of crime; (5) conditions of bail or terms of conditional release.
The persons described by section 202(d) in ide (i) a member of a racial or color group subject to one of the above mentioned kinds of discrimination or (ii) a person who, by word or deed, supported the exercise of any member of such group of the equal protection of the laws.
Section 303 provides that the United States shall be liable for court costs the same as a private litigant in any proceeding under this title. Actions authorized by this title shall be filed in the district courts without regard to the exhaustion of remedies requirement.
TITLE IV.-REMOVAL BY CERTAIN DEFENDANTS Section 401 provides for the removal of certain civil or criminal cases from state to federal district courts at the request of the defendant. In order to remove his case, the defendant must meet the requirements set forth in section 202 (d) and (e). Conditions described in section 202(f), establishing a rebuttable presumption of discrimination in jury service and voting, apply to proceedings authorized by this section.
Section 402 stipulates the kinds of cases appropriate for removal under this title. These include any action on account of any act or omission in the exercise of the freedoms of speech, press, assembly, or petition, for purposes of supporting racial equality or of protesting the denial of racial equality, or any act or omission protected by the Constitution or laws of the United States against abridgment or interference because of race or color.
Section 403 provides that provisions of existing law governing the procedures for and after removal (28 U.S.C. 1446, 1447) shall apply to removals authorized by this title, save that any order remanding a case to the state courts shall be subject to review.
TITLE V.-CIVIL INDEMNIFICATION Section 501(a) creates a three-member bi-partisan Board within the Civil Rights Commission. Board members are appointed by the President and confirmed by the Senate. The Chairman is to be designated by the President.
(b) Although initial appointees are to serve one, two, and three years, respectively, ali subsequent appointments will be for five year terms. A person appointed to fill a vacancy is to serve for the balance of his predecessor's terms.
(c) The rate of compensation for the Chairman and Board members is fixed at $25,000 and $24,000 a year, respectively.
(d) For purposes of transacting business, a quorum is fixed as two members.
Section 502 authorizes the Board to employ such officers and employees and to make such expenditures as may be necessary to carry out its functions. Employment must be in accordance with civil service laws.
Section 503 authorizes the Board to make all necessary and proper rules and regulations.
Section 504 contains the investigative duties of the Board. It is empowered to investigate complaints from or on behalf of any person receiving an injury to his person including death) or property (i) because of race or color while (or for having) lawfully exercising or assisting another in the exercise of any right, privilege or immunity protected by the Constitution or laws of the United States, or (ii) by any act the purpose and design of which is to intimidate him or any other person from seeking or advocating equality or freedom from discrimination on account of race or color.
Section 505(a) directs the Justice Department to furnish the Commission with any reports it may have relevant to the complaint and investigation.
(b) The Attorney General at the request of the Commission shall direct the conduct of such additional investigation as may be necessary.
(c) The Commission is required to supply the Attorney General with copies of all of its investigative reports.
Section 506 provides that the Commission shall order the Board to conduct a hearing if, after investigation, it finds probable cause to believe the matter alleged in the complaint. Otherwise, it is to dismiss the complaint.
Section 507(a) provides that hearings may be conducted either by the entire Board or by any member designated by the Chairman.
(b) When it serves the best interest of justice, the Board may designate another person to conduct a hearing. Such a person, whether an agent, employee, or "other person,” must be a member of the bar of the highest court of a state.
(c) The rate of compensation for such individuals shall be determined by the Board, subject to the approval of the Civil Service Commission.
(d) The Board or any member or the hearing officer, as the case may be, shall have authority to administer oaths.
(e) The Board's investigative and subpoena powers are coextensive with those conferred on the National Labor Relations Board as authorized by 29 U.S.C. 161 (1) and (2). Paragraphs (1) and (2) of section 161 confer on the Board the usual investigative powers vested in administrative agencies with respect to documentary evidence, summoning witnesses and taking testimony, and obtaining court aid in enforcing compliance with these requirements.
(f) The Board is required to keep a full record of a hearing. Section 508(a) requires the Board to base its findings upon the hearing record.
(b) If the Board finds that a person has been injured in his person or property or has been deprived of his life while in the lawful exercise of rights protected by the Constitution, it shall make an indemnification award to such person.
(c) Where the hearing has been conducted by an individual acting as hearing officer, a recommendation granting an award shall be reviewed by the Board.
(d) Awards are to include reasonable amounts for attorney's fees.
Section 509(a) provides that any person who is implicated or who becomes suspect as a result of an investigation authorized by this title shall be given notice and an opportunity to intervene in proceedings conducted by the Board.
(b) Similarly, a state or local subdivision is to be notified and given an opportunity to be heard when officials thereof are implicated in the activities surrounding the complainant's injury.
(c) Notice may be by personal service or registered mail.
(d) In the case of a state or political subdivision, notice may be given to the chief executive or principal legal officer.
Section 510 permits the Attorney General to intervene at any stage of the hearing or appeal.
Section 511 (a) provides that Board decisions may be appealed to the Court of Appeals for the District of Columbia or the court of appeals for the judicial circuit in which this injury occurred or in which appellant resides.
(b) Judicial review shall be on the record before the Board, and the Board's findings, to the extent that they are supported by substantial evidence of the whole record, are deemed to be conclusive.
Section 512 provides for recovery actions by the United States. Paragraph (a) authorizes recovery actions against private persons, whether acting under color of law or otherwise, who are responsible for the indemnified injury.
Paragraph (b) permits recovery from a state or political subdivision where the award made results wholly or partly from action under color of law. In such cases, the political unit shall be jointly and severally liable with the persons responsible for the injury.
(c) In recovery proceedings brought pursuant to these provisions, the Board's findings shall constitute prima facie evidence of the facts therein contained. Similarly, the award is admissable into evidence and shall constitute prima facie evidence of the damages.
(d) Recovery actions shall be brought in the federal district courts.
Section 513 provides that in the event of the death or incapacity of the injured party, the complaint may be filed by members of the immediate family.
Section 514 specifies that complaints must be filed within six months of the injury, or within twelve months of death.