Due Process Guarantee Act of 2015

Bill: 114-s-24
Sponsor: full_name: Sen. Feinstein, Dianne [D-CA]
Introduced: 2015-01-06
Policy area: Crime and Law Enforcement
Subjects: Conflicts and wars

Constitution and constitutional amendments

Correctional facilities and imprisonment

Criminal procedure and sentencing

Detention of persons

Due process and equal protection

Immigration status and procedures

Military operations and strategy

War and emergency powers
Latest action: action_date: 2015-01-06
text: Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S13-14)

Summaries:
action_date: 2015-01-06
action_desc: Introduced in Senate
text: <p><b>Due Process Guarantee Act of 2015</b></p> <p>Amends the federal criminal code to expand provisions prohibiting the United States from imprisoning or otherwise detaining a citizen except pursuant to an Act of Congress, to: (1) prohibit such imprisonment or detention of a U.S. citizen or a lawful permanent resident except consistent with the Constitution and pursuant to an Act of Congress that expressly authorizes such imprisonment or detention; and (2) prohibit construing a general authorization to use military force, a declaration of war, or any similar authority, on its own, to authorize the imprisonment or detention without charge or trial of a U.S. citizen or lawful permanent resident apprehended in the United States.</p>

tv_txt: II 114th CONGRESS 1st Session S. 24 IN THE SENATE OF THE UNITED STATES January 6, 2015 Mrs. Feinstein (for herself and Mr. Lee ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To clarify that an authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States.

1. Short title This Act may be cited as the Due Process Guarantee Act of 2015 . 2. Prohibition on the indefinite detention of citizens and lawful permanent residents Section 4001 of title 18, United States Code, is amended— (1) by striking subsection (a) and inserting the following new subsection (a): (a) No citizen or lawful permanent resident of the United States shall be imprisoned or otherwise detained by the United States except consistent with the Constitution and pursuant to an act of Congress that expressly authorizes such imprisonment or detention. ; (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following: (b) (1) A general authorization to use military force, a declaration of war, or any similar authority, on its own, shall not be construed to authorize the imprisonment or detention without charge or trial of a citizen or lawful permanent resident of the United States apprehended in the United States. (2) Paragraph (1) applies to an authorization to use military force, a declaration of war, or any similar authority enacted before, on, or after the date of the enactment of this subsection. (3) This section shall not be construed to authorize the imprisonment or detention of a citizen of the United States, a lawful permanent resident of the United States, or any other person who is apprehended in the United States. .