Section 1 Short title
This Act may be cited as the “Right to Trial Act”.
Right to Trial Act
A BILL
To protect the constitutional right to trial and discourage imposition of extended sentences for defendants who elect to go to trial instead of accepting a plea offer, and for other purposes.
Sec. 2 Factors for consideration when imposing a sentence; authority to deviate from statutory minimum
Factors— Section 3553(a) of title 18, United States Code, is amended—
in paragraph (5)(B), by striking the period and inserting a semicolon;
in paragraph (6), by striking “; and” and inserting a semicolon;
in paragraph (7), by striking the period and inserting a semicolon; and
by adding at the end the following:
“(8) the need to protect the constitutional right to a trial, including by prohibiting impairment of such a right in any case in which an increased sentence is threatened or imposed based on a defendant’s decision to go to trial and not accept a plea offer;
“(9) in the case of—
“(A) crimes involving similarly situated codefendants or group conduct, the plea offer, if applicable, and each sentence (and anticipated sentence) of any similarly situated codefendant or similarly situated other person charged in the same or related offense who pled guilty; and
“(B) crimes not involving codefendants or group conduct, the plea agreements and the sentences for similarly situated defendants who pled guilty to similar offenses; and
“(10) whether imposition of a statutory minimum sentence would constitute a penalty for asserting the constitutional right to a trial, thereby warranting imposition of a sentence below the statutory minimum.”
Authority— Section 3553(e) of title 18, United States Code, is amended by inserting after “committed an offense.” the following: “The court shall have the authority to impose a sentence below a level established by statute as a minimum sentence so as to protect the constitutional right to trial.”.