Right to Trial Act

H. Morgan Griffith

Republican · VA · Representative

Source: Congress.gov · FEC

• Henry C. "Hank" Johnson, Jr. (D-GA-4)Original· 2026-06-02

Referred to the House Committee on the Judiciary.

2026-06-02

Source: Congress.gov

The proposal would prevent judges from imposing significantly harsher sentences on defendants simply because they chose to have a trial rather than accept a plea deal. It aims to protect defendants' constitutional right to trial by making it illegal for prosecutors or judges to penalize someone for exercising that right through substantially longer sentences. This would affect criminal defendants, judges, and prosecutors across the country's court system.

AI-assisted summary generated from the official bill metadata (title, subjects, actions) sourced from Congress.gov. Cached and reviewed. Always verify against the official text linked below.

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

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