Washington, D.C.—Senator Orrin Hatch, R-Utah, the former chairman and current longest-serving member of the Senate Judiciary Committee, issued a statement on the current Sentencing Reform and Corrections Act: 

The changes to the criminal justice bill that have been circulated address some concerns critics have raised, but do not correct what I have consistently said is the most glaring problem—the lack of any meaningful provision to address the deterioration of intent requirements in our criminal laws and regulations. Criminal intent, or mens rea, requirements are a crucial bulwark against unjust prosecution and incarceration of morally innocent actors. Sadly, however, in recent years Congress and federal agencies have neglected such requirements and created thousands of crimes that require no proof of criminal intent or that are unclear as to what level of intent, if any, is necessary.

On at least four occasions in the Judiciary Committee or on the Senate floor, I have made clear that any package of criminal justice reforms that passes the Senate must include meaningful mens rea reform. None of the proposed changes to the bill address this issue. 

I continue to believe, as I have said all along, that strengthening mens rea protections is an essential component of criminal justice reform. Any reform effort that fails to tackle mens rea is  incomplete.

Senator Hatch’s floor speeches and official statements on the need for mens rea reform:

• Floor Speech: Hatch: It’s Time for Criminal Justice, Mens Rea Reform [VIDEO]
• Press Release: Hatch Lauds House Bill Addressing Default Mens Rea
• Press Release: Senators Hatch, Lee, Cruz, Perdue, and Paul Introduce Bill to Strengthen Criminal Intent Protections
• Press Release: Hatch Reiterates Need for Meaningful Criminal Intent Requirements at Rare Monday Afternoon Judiciary Committee Hearing on Criminal Justice Bill 
• Press Release: In Judiciary markup, Hatch reiterates need for mens rea requirement

Senator Hatch’s op-eds on the need for mens rea reform:

• Senator Hatch and Chairman Goodlatte in Politico:How to protect Americans from accidentally breaking the law
• Senator Hatch in the Wall Street Journal: Feds Criminalize Things That Aren't Crimes
• Senator Hatch in Medium: Mens Rea: Missing the Most Important Piece of Criminal Justice Reform
• Senator Hatch in the Deseret News: Overcriminalization and the Need for Meaningful Criminal Intent Requirements

Notable Media Coverage of Senator Hatch’s Position on the need for mens rea reform: 

• ICYMI: See What Conservatives Are Saying: Hatch’s Criminal Justice Reform Efforts
• National Review Bench Memos: Senator Hatch Reaffirms Importance of Mens Rea Reform
• Daily Signal/ Heritage Foundation: Senator Hatch Pushes For Criminal Justice Reform That Includes ‘Mens Rea’
• Senator Hatch on the Doug Wright Show: Default Mens Rea is Crucial to Criminal Justice Reform