Page:United States Statutes at Large Volume 102 Part 5.djvu/461

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-690—NOV. 18, 1988

102 STAT. 4467

(4) Section 206(d) of the State Justice Institute Act of 1984 is amended by striking out "judicial system" and inserting in lieu thereof "court (or other unit of State or local government)". SEC. 7322. SENTENCING JURISDICTION.

Section 636(a) of title 28, United States Code, is amended by— (1) striking out "and" at the end of paragraph (2); (2) striking out the period at the end of paragraph (3) and inserting in lieu thereof ", and"; and (3) adding at the end thereof the following paragraph: "(4) the power to enter a sentence for a misdemeanor or infraction with the consent of the parties.". SEC. 7323. CONSIDERATION OF HABEAS CORPUS REFORM LEGISLATION. (a) INTRODUCTION OF LEGISLATION BY THE CHAIRMAN OF THE COMMITTEE ON THE JUDICIARY OF THE SENATE.—Beginning on the

date the Chief Justice of the United States forwards to the Committees on the Judiciary of the Senate and the House of Representatives the report and recommendation of the Special Committee on Habeas Corpus Review of Capital Sentences, appointed by the Chief Justice of the United States and chaired by Justice Lewis Powell (hereafter in this section referred to as the "Special Committee"), the chairman of the Committee on the Judiciary of the Senate shall have 15 days of session thereafter to introduce a bill to modify Federal habeas corpus procedure after having faithfully considered the report and recommendations of the Special Committee. If no such bill is introduced by the chairman within the 15-day period, such bill may be introduced by the ranking minority Member of the committee within an additional 10 days of session. (b) REPORTING OF LEGISLATION BY THE COMMITTEE ON THE J U DICIARY OF THE S E N A T E. ^ 1) The bill introduced pursuant to subsec-

tion (a) shall be reported with or without recommendation by the Committee on the Judiciary of the Senate by the end of the 60th day of session after the submission of the report by the Chief Justice or the bill shall be discharged automatically from such committee and such bill shall be placed on the appropriate calendar of the Senate. (2) It is in order at any time after the 30th day of session after the bill has been placed on the calendar pursuant to paragraph (1), notwithstanding any rule or precedent of the Senate, including Rule 22, for any Member of the Senate to move to proceed to the consideration of the bill. The motion is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. Only one motion in the Senate shall be in order pursuant to this paragraph and such motion shall be decided by a roll call vote. (3) This subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and as such it is deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of a bill described in paragraph (1), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of the Senate to change the rules (so far EIS relating to the procedure of the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.

42 USC 10705.