Title: Equal Justice Under Law Act of 2022
Policy area: Crime and Law Enforcement

Summary:
Equal Justice Under Law Act of 2022
This bill authorizes the use of class action suits as a remedy if a state or political subdivision of a state systemically fails to provide indigent defendants with effective counsel at critical stages of their prosecutions, including at bail hearings.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5247 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 5247

  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

                           December 13, 2022

  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 
2022''.

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 Amendment 
and the 14th Amendment to the Constitution of the United States, at the 
expense of the State.
    (b) Delegation.--Each State shall secure effective assistance of 
counsel for indigent defendants, regardless of whether the State 
delegates fiscal or administrative authority over the indigent defense 
function to a political subdivision of the State.
    (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.--
            (1) In general.--If a State official or 1 or more political 
        subdivisions of the State fails on a systemic basis to 
        guarantee the right to the assistance of effective counsel as 
        guaranteed by the Sixth Amendment and the 14th Amendment to the 
        Constitution of the United States, including delay of counsel 
        and denial of counsel at critical stages including bail 
        hearings, 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.
            (2) Evidence.--To prevail in a class action described in 
        paragraph (1), structural evidence, such as statistics and 
        national standards, may be probative of the existence of 
        systemic denials of counsel and may be sufficient evidence, if 
        the trier of fact is persuaded by a preponderance of all 
        evidence presented at trial.
    (b) 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.
    (c) 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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