Title: Equal Justice Under Law Act of 2017
Policy area: Crime and Law Enforcement

Summary:
Equal Justice Under Law Act of 2017
This bill states that an indigent individual facing criminal prosecution or juvenile delinquency in a state court is entitled to the effective assistance of counsel, as guaranteed by the Sixth and Fourteenth Amendments, at the state's expense.
It authorizes a federal class action lawsuit against a state for its systemic failure to guarantee the right to effective assistance of counsel. The assistance of counsel is ineffective when a class of individuals demonstrates that counsel's performance was not reasonable under prevailing professional norms.
Additionally, the bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to modify the Edward Byrne Memorial Justice Assistance Grant (JAG) program. Specifically, it requires a state or local government to consult with public defenders before distributing JAG funds to community organizations and local governments.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 328 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 328

  To enforce the Sixth Amendment right to the assistance of effective 
      counsel at all stages of the adversarial process, to confer 
 jurisdiction upon the district courts of the United States to provide 
 declaratory and injunctive relief against systemic violations of such 
                     right, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 7 (legislative day, February 6), 2017

  Mr. Booker introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To enforce the Sixth Amendment right to the assistance of effective 
      counsel at all stages of the adversarial process, to confer 
 jurisdiction upon the district courts of the United States to provide 
 declaratory and injunctive relief against systemic violations of such 
                     right, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equal Justice Under Law Act of 
2017''.

SEC. 2. EFFECTIVE ASSISTANCE OF COUNSEL.

    (a) In General.--An indigent individual facing criminal prosecution 
or juvenile delinquency in a State court shall be entitled to the 
effective assistance of counsel, as guaranteed by the Sixth and 
Fourteenth Amendments to the Constitution of the United States, at the 
expense of the State.
    (b) Delegation.--If a State delegates fiscal or administrative 
authority over the indigent defense function to a political subdivision 
of the State, the State shall secure effective assistance of counsel 
for the individual.
    (c) Ineffective Assistance.--For purposes of this section, the 
assistance of counsel is ineffective if the performance of counsel was 
not reasonable under prevailing professional norms.

SEC. 3. REMEDY.

    (a) Class Action Authorized.--If a State official or one or more of 
a political subdivision of the State fails on a systemic basis to 
guarantee the right to the assistance of effective counsel as 
guaranteed by the Sixth and Fourteenth Amendments to the Constitution 
of the United States, an individual aggrieved by a violation of section 
2 may commence a civil class action in an appropriate district court of 
the United States to seek declaratory, injunctive, or other equitable 
relief.
    (b) Abstention Doctrine.--A court entertaining a petition for 
relief filed under this Act need not apply the abstention doctrine 
established in Younger v. Harris (401 U.S. 37).
    (c) Attorney's Fees.--In any action or proceeding under this 
section, the court, in its discretion, may allow the prevailing party, 
other than a named official of a State or political subdivision of a 
State, a reasonable attorney's fee as part of the costs. In awarding an 
attorney's fee under this subsection, the court, in its discretion, may 
include expert fees as part of the attorney's fee.
    (d) Savings Provision.--Nothing in this section shall restrict any 
right that any individual has under any other statute or under common 
law to seek redress for a violation of the right to counsel.

SEC. 4. EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM.

    Section 501(b) of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3751(b)) is amended by inserting ``, in consultation 
with public defenders,'' before ``may''.
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