[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8930 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8930
To establish certain conditions on receipt of Byrne grant funding
related to minimum bail standards and public safety reporting, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 21, 2022
Mr. Fitzgerald (for himself, Mr. Tiffany, Mr. Nehls, and Mr. Rouzer)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To establish certain conditions on receipt of Byrne grant funding
related to minimum bail standards and public safety reporting, 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 ``Keeping Violent Offenders Off Our
Streets Act''.
SEC. 2. MINIMUM BAIL STANDARDS CONDITION FOR RECEIPT OF BYRNE GRANT
FUNDING.
Beginning in the first fiscal year that begins after the date that
is 3 years after the date of enactment of this Act, the Attorney
General shall reduce by 75 percent the amount that a State or unit of
local government would otherwise receive under the Byrne grant program
under subpart 1 of part E of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), in the case of a
State or unit of local government that does not have in effect a policy
that requires the consideration of the pretrial release factors
described in section 3142(g) of title 18, United States Code, at
minimum, to determine whether there are conditions of release that will
reasonably assure the appearance of a person as required and the safety
of any other person and the community.
SEC. 3. PUBLIC SAFETY REPORT SYSTEM CONDITION FOR RECEIPT OF BYRNE
GRANT FUNDING.
Beginning in the first fiscal year that begins after the date that
is 3 years after the date of enactment of this Act, the Attorney
General shall reduce by 75 percent the amount that a State or Indian
Tribe would otherwise receive under the Byrne grant program under
subpart 1 of part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10151 et seq.), in the case of State or
Indian Tribe that does not have in effect a public safety report system
developed and maintained by the State or Tribal Court Administration,
which system shall provide judges and prosecutors in the jurisdiction,
at no cost, a public safety report for each defendant charged with an
offense described in paragraph (1), which contains the following:
(1) The criteria for setting bail for an individual charged
with--
(A) murder, manslaughter (except involuntary
manslaughter), or attempted murder;
(B) rape, attempted rape, or any other felony
sexual abuse offense or attempt to commit such an
offense;
(C) any felony assault offense;
(D) kidnapping;
(E) robbery;
(F) a felony offense involving resisting or
obstructing an officer;
(G) carjacking;
(H) unlawful possession of a firearm in the
commission of a felony; or
(I) any other violent felony.
(2) Identifying information regarding each defendant
charged with an offense described in paragraph (1), the case
filed against the defendant, and the offense with which the
defendant is charged.
(3) Information on the eligibility of each such defendant
for a personal bond.
(4) Information regarding the applicability of any required
or discretionary bond conditions for each such defendant.
(5) A summary of the criminal history of the defendant,
including information regarding any--
(A) previous misdemeanor or felony conviction;
(B) pending charges;
(C) previous sentence imposing a term of
imprisonment;
(D) previous conviction or pending charges for any
offense described in paragraph (1); and
(E) previous failure of the defendant to appear in
court following release on bail.
SEC. 4. PUBLIC SAFETY REPORT USE AND SUBMISSION CONDITION FOR RECEIPT
OF BYRNE GRANT FUNDING.
Beginning in the first fiscal year that begins after the date that
is 3 years after the date of enactment of this Act, the Attorney
General shall reduce by 75 percent the amount that State or Indian
Tribe would a State or Indian Tribe otherwise receive under the Byrne
grant program under subpart 1 of part E of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), in the
case of State or Indian Tribe that does not--
(1) have in effect a law or policy providing that in the
case of a State or Tribal court in that jurisdiction that is
considering the release on bail of a defendant charged with an
offense described in paragraph (1) of section 3--
(A) the prosecutor shall use the public safety
report system developed under section 3 to prepare a
public safety report with respect to the defendant;
(B) the prosecutor shall provide the public safety
report prepared under subparagraph (A) to the State or
Tribal court as soon as practicable, but not later than
48 hours after the defendant's arrest; and
(C) the court shall consider the public safety
report before setting bail; and
(2) submit each public safety report prepared under
paragraph (1)(A) to the National Crime Information Center.
SEC. 5. FRAUD IN CONNECTION WITH POSTING BAIL.
Section 1033(f)(1)(A) of title 18, United States Code, is amended
by inserting before the comma the following: ``(including the posting
of monetary bail, criminal bail bonds, and Federal immigration bail
bonds)''.
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