[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9240 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 9240
To foster transparent crime data, to discourage no-cash bail, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 28, 2022
Mr. Banks (for himself, Mr. Weber of Texas, and Mr. Posey) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To foster transparent crime data, to discourage no-cash bail, 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 ``Concerned Citizens Bill of Rights
Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``covered grant'' means--
(A) the grant program authorized under section 1701
of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10381); or
(B) the 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.);
(2) the term ``criminal courts''--
(A) means any court of a State or unit of local
government having jurisdiction over criminal matters;
and
(B) includes the judicial officers serving in a
court described in subparagraph (A), including judges,
magistrate judges, commissioners, justices of the
peace, or any other person with decision-making
authority;
(3) the term ``jail'' means any confinement facility of a
State or unit of local government, whether administered by such
government or by a private organization on behalf of such
government;
(4) the term ``money bail'' means any condition of release
from confinement that imposes a financial burden on the person
released;
(5) the term ``prosecution office'' means any public agency
charged with direct responsibility for prosecuting criminal
offenders, including any component bureau of such an agency;
and
(6) the terms ``State'' and ``unit of local government''
have the meanings given such terms in section 901(a) of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10251(a)).
SEC. 3. CRIME WAVE TRANSPARENCY.
(a) In General.--Each State or unit of local government shall--
(1) fully and accurately report information required by the
National Incident-Based Reporting System of the Federal Bureau
of Investigation;
(2) not later than 30 days after the date of enactment of
this Act, and at the end of each fiscal year thereafter, submit
to the Attorney General a report describing--
(A) any law, rule, policy, or practice in effect in
the jurisdiction of the State or unit of local
government which requires or results in the
nonenforcement of any criminal offenses within such
jurisdiction;
(B) any law, rule, policy, or practice in effect in
the jurisdiction of the State or unit of local
government which requires or results in the
nonprosecution of any criminal offenses within such
jurisdiction;
(C) any law, rule, policy, or practice in effect in
the jurisdiction of the State or unit of local
government which has the effect of withdrawing law
enforcement protection from a geographical area or
structure that law enforcement officers are lawfully
entitled to access;
(D) the number of criminal offenses declined to be
prosecuted, disaggregated by each criminal offense;
(E) average sentences for filed criminal charges
which resulted in punishment, disaggregated by length
of sentence issued after a plea of guilty or plea of
nolo contendere, length of sentence issued after guilt
was determined by trial, and obligations placed on a
defendant as a result of pretrial diversion; and
(F) the average sentences imposed for each crime
within the jurisdiction of the State or unit of local
government, and the average sentences actually served,
disaggregated by each criminal offense;
(3) not later than 30 days after the date of enactment of
this Act, and at the end of each fiscal year thereafter, submit
to the Attorney General a report describing efforts to reduce
crime within the jurisdiction of the State or unit of local
government, which shall include a discussion of--
(A) ongoing strategies to reduce the number of
criminal offenses committed within the jurisdiction of
the State or unit of local government;
(B) ongoing efforts to hire and retain law
enforcement officers;
(C) ongoing strategies to combat anti-police
sentiment;
(D) ongoing strategies to prevent repeat offenses
by violent offenders; and
(E) ongoing strategies to increase prosecution of
crime within its jurisdiction; and
(4) not later than 30 days after the date of enactment of
this Act, and at the end of each fiscal year thereafter, submit
to the Attorney General a report describing the criminal
offenses committed by persons who have been released from jail
on pretrial release, which shall include crime data, in
compliance with the requirements of the National Incident-Based
Reporting System, for individuals who have been released from
jail on pretrial release that have been arrested or charged
with a felony or violent misdemeanor committed after pretrial
release.
(b) Enforcement Through Reduction in Grant Funds.--For any fiscal
year beginning on or after the date of enactment of this Act, a State
or unit of local government that fails to comply with subsection (a)
shall be subject to a 20-percent reduction in the amount that would
otherwise be made available to the State or unit of local government
under covered grants.
(c) Use of Amounts.--Amounts not allocated to a State or unit of
local government under a covered grant under subsection (b) for failure
to fully comply with subsection (a) shall be reallocated under the
applicable covered grant program to States or units of local government
that have not failed to comply with subsection (a).
(d) Report.--Not later than 30 days after the date of enactment of
this Act, and at the end of each fiscal year thereafter, the Attorney
General shall publish a report listing each State or unit of local
government that is not in compliance with subsection (a).
(e) Online Information.--The Attorney General shall maintain a
public website on which each report required under subsection (a) or
(d) may be accessed in an electronically searchable format.
(f) Monitoring.--In order to ensure that the reports required under
subsection (a) are true and correct, the Attorney General shall monitor
and assess the accuracy of the reports required under section (a),
which shall include conducting audits.
SEC. 4. CRIME IDENTIFICATION TECHNOLOGY ACT OF 1998.
Section 102(b) of the Crime Identification Technology Act of 1998
(34 U.S.C. 40301(b)) is amended--
(1) in paragraph (17), by striking ``and'' at the end;
(2) in paragraph (18), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(19) to assist units of local government that have a
population of less than 150,000 in complying with the report
requirements under section 3(a) of the Concerned Citizens Bill
of Rights Act.''.
SEC. 5. DEFUNDING NO CASH BAIL.
(a) In General.--In order to be eligible to receive any amounts
under a covered grant, a State or unit of local government shall, not
later than 30 days after the date of enactment of this Act, and at the
end of each fiscal year thereafter, submit to the Attorney General a
certification that--
(1) the State or unit of local government does not have in
effect a law, rule, policy, or practice that prohibits criminal
courts from--
(A) imposing money bail for any felony or any
violent misdemeanor offense; or
(B) taking the criminal history and dangerousness
of the defendant into account when setting money bail
for any felony or violent misdemeanor offense; and
(2) prosecution office of the State or unit of local
government does not have in effect a law, rule, policy, or
practice of prohibiting the imposition of money bail for any
felony or violent misdemeanor offense.
(b) Use of Amounts.--Amounts not allocated to a State or unit of
local government under a covered grant for failure to fully comply with
subsection (a) shall be reallocated under the applicable covered grant
program to States or units of local government that have not failed to
comply with subsection (a).
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