[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2530 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2530

    To ensure that State and local law enforcement agencies execute 
warrants for the arrest of nonviolent offenders only when children are 
          not present, unless overriding circumstances exist.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2005

 Mr. Andrews introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To ensure that State and local law enforcement agencies execute 
warrants for the arrest of nonviolent offenders only when children are 
          not present, unless overriding circumstances exist.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ISSUANCE OF GUIDELINES.

    (a) In General.--Upon accepting Federal funds, a State or local law 
enforcement agency should issue guidelines under which--
            (1) each warrant for the arrest of a nonviolent offender 
        executed by that agency is executed only--
                    (A) during a time when, and at a location where, 
                the agency reasonably believes no children are present; 
                or
                    (B) in circumstances other than those specified in 
                subparagraph (A), if a court first determines that 
                overriding reasons, in furtherance of the interests of 
                children, exist (such as the interest in apprehending 
                individuals who engage in drug offenses with children 
                or on school grounds); and
            (2) relevant counseling is made available to each child who 
        witnesses the execution of an arrest warrant under 
        circumstances other than those specified in paragraph (1)(A).
    (b) Definition.--In this section, the term ``nonviolent offender'' 
means a person who has never been convicted of a violent offense, the 
arrest of whom is sought for a nonviolent offense.
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