II 

117TH CONGRESS 

1ST SESSION S. 3271 

To amend title 18, United States Code, to provide for transportation and 

subsistence for criminal justice defendants, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 29, 2021 

Mr. DURBIN (for himself and Ms. COLLINS) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to provide for transportation and subsistence for criminal justice defendants, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Criminal Judicial Ad5 ministration Act of 2021’’. 

6 SEC. 2. TRANSPORTATION AND SUBSISTENCE FOR CRIMI7 NAL JUSTICE ACT DEFENDANTS. 

8 Section 4285 of title 18, United States Code, is 

9 amended in the first sentence— 


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1 (1) by striking ‘‘when the interests of justice 

2 would be served thereby and the United States judge 

3 or magistrate judge is satisfied, after appropriate in4 quiry, that the defendant is financially unable to 

5 provide the necessary transportation to appear be6 fore the required court on his own’’ and inserting 

7 ‘‘when the United States judge or magistrate judge 

8 is satisfied that the defendant is indigent based on 

9 appointment of counsel pursuant to section 3006A, 

10 or, after appropriate inquiry, that the defendant is 

11 financially unable to provide necessary transpor12 tation on his own’’; 

13 (2) by striking ‘‘to the place where his appear14 ance is required,’’ and inserting ‘‘(1) to the place 

15 where each appearance is required and (2) to return 

16 to the place of the person’s arrest or bona fide resi17 dence,’’; and 

18 (3) by striking ‘‘to his destination,’’ and insert19 ing ‘‘which includes money for both lodging and 

20 food, during travel to the person’s destination and 

21 during any proceeding at which the person’s appear22 ance is required’’. 


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1 SEC. 3. EFFECTIVE USE OF MAGISTRATE JUDGES TO DE2 CIDE POSTJUDGMENT MOTIONS. 

3 Section 3401 of title 18, United States Code, is 

4 amended— 

5 (1) in subsection (b)— 

6 (A) in the second sentence, by striking 

7 ‘‘and’’ after ‘‘trial, judgment,’’; 

8 (B) in the second sentence, by inserting ‘‘, 

9 and rulings on all post-judgment motions’’ after 

10 ‘‘sentencing’’; 

11 (C) in the third sentence, by striking 

12 ‘‘and’’ after ‘‘trial, judgment,’’; and 

13 (D) in the third sentence, by inserting ‘‘, 

14 and rulings on all post-judgment motions’’ after 

15 ‘‘sentencing’’; 

16 (2) in subsection (c), by striking ‘‘, with the ap17 proval of a judge of the district court,’’; and 

18 (3) by inserting after subsection (i) the fol19 lowing: 

20 ‘‘(j) A magistrate judge who exercises trial jurisdic21 tion under this section, in either a petty offense case or 

22 a misdemeanor case in which the defendant has consented 

23 to a magistrate judge, may also rule on all post-judgment 

24 motions in that case, including but not limited to petitions 

25 for writs of habeas corpus, writs of coram nobis, motions 

26 to vacate a sentence under section 2255 of title 28, and 


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1 motions related to mental competency under chapter 313 

2 of this title.’’. 

Æ 


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