118 HR 4880 IH: Protecting All Communities Equally Act of 2023 U.S. House of Representatives 2023-07-25 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.

I118th CONGRESS1st SessionH. R. 4880IN THE HOUSE OF REPRESENTATIVESJuly 25, 2023Ms. Malliotakis introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo waive sovereign immunity in certain circumstances where jurisdictions prohibit monetary bail.

1.

Short title

This Act may be cited as the Protecting All Communities Equally Act of 2023 or as the PACE Act of 2023.

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.

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.

4.

Effective date

This Act shall take effect beginning on the date that is 30 days after the date of enactment of this Act.