Sentencing Reform Act of 1979
Latest action. Referred to House Committee on the Judiciary.
Sentencing Reform Act of 1979 - Directs the Judicial Conference of the United States to: (1) analyze on a continuing basis data on the sentences imposed by Federal courts in criminal cases, the nature and circumstances of the offenses, and the history and characteristics of the defendants; (2) develop advisory sentencing guidelines for Federal judges to use in imposing sentences; (3) make available at least annually to Federal courts and other persons such guidelines and information concerning patterns and practices in the sentencing of persons convicted of Federal offenses; (4) evaluate the impact of such guidelines on prosecutorial discretion, plea bargaining, and unwarranted sentencing disparities; and (5) report annually to Congress on such activities, including legislative recommendations. Specifies factors which a court must consider in determining a particular sentence, including: (1) effective alternatives to imprisonment; and (2) any applicable advisory sentencing guidelines. Allows a defendant to commence proceedings for an appeal of a sentence by filing a petition with the court of appeals which contains a statement showing a substantial basis for determining that such sentence is clearly unreasonable. Disallows such review if: (1) the sentence was part of a plea agreement and was agreed to by the parties or was no greater than the Government attorney agreed to accept under the Federal Rules of Criminal Procedure; or (2) review is available through the current provision for dangerous special offenders. Directs the appellate court to determine whether such a showing has been made. Allows the court to direct the production of portions of the record, the presentence report, a report of a diagnostic facility, and any other documents which were before the sentencing judge. Requires, upon the granting of such petition, that certain information, including any findings of the court upon which the sentence was based, be certified to the appellate court. Directs such court to: (1) affirm the sentence upon a determination that the sentence is not clearly unreasonable; or (2) remand the case for resentencing or further proceedings if the sentence is clearly unreasonable. Stipulates that a defendant upon remand shall not receive a more severe sentence than the sentence reviewed.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on August 1, 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 August 1, 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?
ELIZABETH HOLTZMAN (D-NY) introduced it on August 1, 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 August 1, 1979, 17254 days ago. The most recent recorded action was 17254 days ago, on August 1, 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