117 HR 8930 IH: Keeping Violent Offenders Off Our Streets Act U.S. House of Representatives 2022-09-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS2d SessionH. R. 8930IN THE HOUSE OF REPRESENTATIVESSeptember 21, 2022Mr. Fitzgerald (for himself, Mr. Tiffany, Mr. Nehls, and Mr. Rouzer) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo establish certain conditions on receipt of Byrne grant funding related to minimum bail standards and public safety reporting, and for other purposes.

1.

Short title

This Act may be cited as the Keeping Violent Offenders Off Our Streets Act.

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.

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.

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.

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).