A bill to amend title 18, United States Code, so as to establish certain guidelines for sentencing, establish a United States Commission on Sentencing, and for other purposes.
Latest action. Referred to House Committee on the Judiciary.
Establishes within the judicial branch a United States Commission on Sentencing to, among other functions, promulgate and distribute suggested sentencing ranges and guidelines for specific criminal offenses. Specifies factors to be considered by a sentencing court in imposing a term of imprisonment, a fine, or a term of probation, including: (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence to adequately deter criminal conduct, protect the public, and provide the defendant with necessary educational or recreational training, medical care, or other correctional treatment; (3) whether other less restrictive sanctions have been applied to the defendant; and (4) any guidelines established by the Commission. Requires a court in every case in which it imposes a term of imprisonment or a fine to make as part of the record and to disclose in open court to the defendant at time of sentencing a brief statement of the reasons for the sentence imposed. Allows the court to impose a sentence outside of the guidelines only if the court gives the specific reasons for the particular sentence. Authorizes, in any case in which a sentence has been imposed (except for cases involving plea agreements), an appeal by right to the United States court of appeals for review of such sentence by: (1) the defendant if the sentence includes a fine or term of imprisonment more than the maximum established by the Commission guidelines or by law; or (2) the Government if the sentence includes a fine or term of imprisonment less than the minimum established by the guidelines or by law. Authorizes, in any case in which the sentence is within the Commission guidelines, either party to petition for leave to appeal to the court of appeals for review of such sentence. Directs the court of appeals to remand the case or modify the sentence upon a finding that: (1) the Commission guidelines and ranges were erroneously applied and the sentence imposed outside the guidelines was unreasonable; or (2) the sentence imposed within such guidelines constitutes an abuse of discretion.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on February 15, 1979. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on February 15, 1979: Referred to House Committee on the Judiciary.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 96th Congress (1979-80), 613 of the 12,581 bills and joint resolutions introduced became law, about 4.9 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
ROBERT MCCLORY (R-IL) introduced it on February 15, 1979. No cosponsors are recorded.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on February 15, 1979, 17374 days ago. The most recent recorded action was 17374 days ago, on February 15, 1979.
Measures do not carry over. Anything the 96th Congress has not finished by January 3, 1981 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers