To reduce Federal overcriminalization, protect Americans from unjust punishment, and uphold the role of Congress by clarifying mens rea requirements for all Federal criminal offenses, creating an inventory of Federal offenses that carry a criminal penalty, and providing that no rule of the executive branch which may be enforced by criminal penalties can take effect unless a joint resolution of approval is enacted into law.
Stopping Over-Criminalization Act of 2015
This bill amends the federal criminal code to establish a default mens rea (guilty mind) standard for a federal criminal offense, unless the provision of law that defines such offense specifically provides otherwise.
A federal criminal offense conviction requires proof that a defendant acted knowingly with respect to each element of the offense. If a defendant might lack reasonable awareness that conduct (e.g., a regulatory offense) is criminally punishable, then a conviction requires proof that the defendant had reason to know the conduct was unlawful.
Additionally, the bill amends the federal judicial code to: (1) require the Department of Justice to develop, publish, and update an inventory of all federal criminal offenses, including agency rules that carry criminal penalties; and (2) prohibit prosecuting a defendant for a non-inventoried federal offense.
Finally, it amends the Congressional Review Act to require congressional approval by joint resolution for a new rule with criminal penalties to take effect.
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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