[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4880 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4880
To waive sovereign immunity in certain circumstances where
jurisdictions prohibit monetary bail.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2023
Ms. Malliotakis introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To waive sovereign immunity in certain circumstances where
jurisdictions prohibit monetary bail.
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 ``Protecting All Communities Equally
Act of 2023'' or as the ``PACE Act of 2023''.
SEC. 2. REQUIREMENT OF AVAILABILITY OF CASH BAIL FOR CERTAIN OFFENDERS.
If monetary bail has been prohibited in a State or any political
subdivision thereof, the courts of that State shall have the
authority--
(1) to determine the dangerousness of individuals before
the courts on criminal charges; and
(2) to hold on bail individuals who are determined to be
violent and/or repeat offenders.
SEC. 3. WAIVER OF SOVEREIGN IMMUNITY.
A State or political subdivision thereof that has a prohibition on
monetary bail waives sovereign immunity with respect to a cause of
action against the local government by an individual for property
damages or damages for personal injuries as a result of a dangerous
criminal being released without monetary bail.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect beginning on the date that is 30 days
after the date of enactment of this Act.
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