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H.R. 3401

BillFederalHouseIn Committee
Stopping Over-Criminalization Act of 2015
About This Bill
Committee
Latest Action · September 8, 2015
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Congress
114th (2015–2017)
Introduced
July 29, 2015
Cosponsors (1)
1D 0R
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Summary

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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.

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