[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2674 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2674

                To protect children from sex offenders.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 3, 2009

Mr. Poe of Texas (for himself, Mr. Gallegly, and Mr. Carter) introduced 
    the following bill; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
                To protect children from sex offenders.

    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 America's Children Act of 
2009''.

SEC. 2. BYRNE GRANT FUNDING CONDITIONED ON CERTIFICATION OF CERTAIN 
              PRE-TRIAL RELEASE PROTECTIONS.

    (a) Limitation on Funding.--
            (1) Byrne grants restricted.--Notwithstanding any other 
        provision of law, the Attorney General shall not provide any 
        funds authorized under subpart 1 of part E of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3750 et seq.) (whether characterized as the Edward Byrne 
        Memorial Justice Assistance Grant Program, the Edward Byrne 
        Memorial State and Local Law Enforcement Assistance Programs, 
        the Local Government Law Enforcement Block Grants Program, or 
        otherwise) to any State or unit of local government for any 
        fiscal year for which the State or unit of local government, 
        respectively, fails to meet the requirement under subsection 
        (b).
            (2) Reallocation.--Amounts not allocated under subpart 1 of 
        part E of title I of the Omnibus Crime Control and Safe Streets 
        Act of 1968 (42 U.S.C. 3750 et seq.) to a State or unit of 
        local government for failure to meet the requirement under 
        subsection (b) shall be reallocated under that subpart to 
        States and units of local government that have not failed to 
        meet such requirement.
    (b) Requirement To Provide Certification of Pre-Trial Release 
Protections.--For purposes of subsection (a)(1), the chief executive 
officer of a State or unit of local government shall submit to the 
Attorney General for a fiscal year a certification, in accordance with 
such form, manner, and time as specified by the Attorney General, that 
the laws of the State or unit of local government, respectively, 
provide adequate protection against the pre-trial release of 
individuals described in subsection (c)(1). For purposes of the 
previous sentence, in order to demonstrate adequate protection the 
certification must provide that the laws of the State or unit of local 
government, respectively, provide for at least the measures described 
in subsection (c).
    (c) Pre-Trial Release Measures Described.--For purposes of 
subsection (b), the measures described in this subsection, with respect 
to a State or unit of local government, are the following:
            (1) A measure that authorizes an appropriate judicial 
        officer of the State or unit of local government, respectively, 
        to conduct a pre-trial detention hearing with respect to any 
        individual--
                    (A) who at the time of the hearing is charged with 
                a State or local offense for conduct that, if the 
                conduct had occurred in the special maritime and 
                territorial jurisdiction of the United States would 
                constitute an offense under section 1201, 2241, 2243, 
                or 2245, or chapter 109B or 110, of title 18, United 
                States Code; and
                    (B) who poses a serious risk (as determined by such 
                judicial officer) of--
                            (i) fleeing;
                            (ii) obstructing justice or attempting to 
                        obstruct justice; or
                            (iii) threatening, injuring, intimidating, 
                        or attempting to threaten, injure, or 
                        intimidate a potential witness, judge, 
                        magistrate, or juror involved.
            (2) A measure that provides that an individual described in 
        paragraph (1) shall be detained prior to trial for the period 
        beginning at presentment and ending on either the last day of 
        the pre-trial detention hearing involved or the last day of any 
        continuance period, whichever is later.
    (d) Effective Date; Transition.--Subsection (a) shall apply to 
funds authorized under subpart 1 of part E of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) for 
the first fiscal year beginning after two years after the date of the 
enactment of this Act, and for each subsequent fiscal year. To be 
eligible for any funds authorized under such subpart for a fiscal year 
beginning after the date of the enactment of this Act and before such 
first fiscal year, a State or unit of local government shall submit to 
the Attorney General a certification that the State or unit of local 
government, respectively, has made reasonable efforts to ensure that 
the State or unit of local government, respectively, will meet the 
requirement under subsection (a)(1) by the first day of such first 
fiscal year.
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