Sixth Amendment Preservation Act

Bill: 115-s-1300
Sponsor: full_name: Sen. Paul, Rand [R-KY]
Introduced: 2017-06-07
Policy area: Crime and Law Enforcement
Subjects: Conflicts and wars

Criminal procedure and sentencing

Detention of persons

Military operations and strategy

War and emergency powers
Latest action: action_date: 2017-06-07
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2017-06-07
action_desc: Introduced in Senate
text: <p><b>Sixth Amendment Preservation Act</b></p> <p>This bill amends the federal criminal code to limit the detention authority of the United States.</p> <p>Current law prohibits the indefinite detention of a U.S. citizen by the United States unless it is authorized by an act of Congress. This bill prohibits the indefinite detention of any person by the United States unless it is consistent with the Constitution.</p> <p>Additionally, it specifies that a general authorization to use military force or similar measure, on its own, does not authorize the indefinite detention of a person who is arrested in the United States.</p> <p>Finally, the bill amends the National Defense Authorization Act for Fiscal Year 2012 to repeal a provision that affirms the authority of the Armed Forces to detain individuals captured in connection with hostilities pursuant to the Authorization for Use of Military Force pending the end of hostilities.</p>

tv_txt: II 115th CONGRESS 1st Session S. 1300 IN THE SENATE OF THE UNITED STATES June 7, 2017 Mr. Paul introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit the indefinite detention of persons by the United States, and for other purposes.

1. Short title This Act may be cited as the Sixth Amendment Preservation Act . 2. Prohibition on the indefinite detention of persons by the United States (a) Limitation on detention Section 4001 of title 18, United States Code, is amended— (1) by striking subsection (a) and inserting the following: (a) No person shall be imprisoned or otherwise detained by the United States except consistent with the Constitution. ; (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 person 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 the Sixth Amendment Preservation Act . (3) This section shall not be construed to authorize the imprisonment or detention of any person who is apprehended in the United States. . (b) Repeal of authority of the Armed Forces of the United States To detain covered persons pursuant to the authorization for use of military force Section 1021 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 10 U.S.C. 801 note) is repealed.