H.R. 9095

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9095 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 9095

To protect the constitutional right to trial and discourage imposition 
of extended sentences for defendants who elect to go to trial instead 
of accepting a plea offer, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

June 2, 2026

Mr. Griffith (for himself and Mr. Johnson of Georgia) introduced the 
following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

A BILL

To protect the constitutional right to trial and discourage imposition 
of extended sentences for defendants who elect to go to trial instead 
of accepting a plea offer, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Right to Trial Act''.

SEC. 2. FACTORS FOR CONSIDERATION WHEN IMPOSING A SENTENCE; AUTHORITY 
TO DEVIATE FROM STATUTORY MINIMUM.

(a) Factors.--Section 3553(a) of title 18, United States Code, is 
amended--
(1) in paragraph (5)(B), by striking the period and 
inserting a semicolon;
(2) in paragraph (6), by striking ``; and'' and inserting a 
semicolon;
(3) in paragraph (7), by striking the period and inserting 
a semicolon; and
(4) by adding at the end the following:
``(8) the need to protect the constitutional right to a 
trial, including by prohibiting impairment of such a right in 
any case in which an increased sentence is threatened or 
imposed based on a defendant's decision to go to trial and not 
accept a plea offer;
``(9) in the case of--
``(A) crimes involving similarly situated 
codefendants or group conduct, the plea offer, if 
applicable, and each sentence (and anticipated 
sentence) of any similarly situated codefendant or 
similarly situated other person charged in the same or 
related offense who pled guilty; and
``(B) crimes not involving codefendants or group 
conduct, the plea agreements and the sentences for 
similarly situated defendants who pled guilty to 
similar offenses; and
``(10) whether imposition of a statutory minimum sentence 
would constitute a penalty for asserting the constitutional 
right to a trial, thereby warranting imposition of a sentence 
below the statutory minimum.''.
(b) Authority.--Section 3553(e) of title 18, United States Code, is 
amended by inserting after ``committed an offense.'' the following: 
``The court shall have the authority to impose a sentence below a level 
established by statute as a minimum sentence so as to protect the 
constitutional right to trial.''
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