I
117th CONGRESS
2d Session
H. R. 9240
IN THE HOUSE OF REPRESENTATIVES
October 28, 2022
Mr. Banks (for himself, Mr. Weber of Texas, and Mr. Posey) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To foster transparent crime data, to discourage no-cash bail, and for other purposes.
Short title
This Act may be cited as the Concerned Citizens Bill of Rights Act
.
Definitions
In this Act—
the term covered grant means—
the grant program authorized under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381); or
the 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.);
the term criminal courts—
means any court of a State or unit of local government having jurisdiction over criminal matters; and
includes the judicial officers serving in a court described in subparagraph (A), including judges, magistrate judges, commissioners, justices of the peace, or any other person with decision-making authority;
the term jail means any confinement facility of a State or unit of local government, whether administered by such government or by a private organization on behalf of such government;
the term money bail means any condition of release from confinement that imposes a financial burden on the person released;
the term prosecution office means any public agency charged with direct responsibility for prosecuting criminal offenders, including any component bureau of such an agency; and
the terms State
and unit of local government
have the meanings given such terms in section 901(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251(a)).
Crime wave transparency
In general
Each State or unit of local government shall—
fully and accurately report information required by the National Incident-Based Reporting System of the Federal Bureau of Investigation;
not later than 30 days after the date of enactment of this Act, and at the end of each fiscal year thereafter, submit to the Attorney General a report describing—
any law, rule, policy, or practice in effect in the jurisdiction of the State or unit of local government which requires or results in the nonenforcement of any criminal offenses within such jurisdiction;
any law, rule, policy, or practice in effect in the jurisdiction of the State or unit of local government which requires or results in the nonprosecution of any criminal offenses within such jurisdiction;
any law, rule, policy, or practice in effect in the jurisdiction of the State or unit of local government which has the effect of withdrawing law enforcement protection from a geographical area or structure that law enforcement officers are lawfully entitled to access;
the number of criminal offenses declined to be prosecuted, disaggregated by each criminal offense;
average sentences for filed criminal charges which resulted in punishment, disaggregated by length of sentence issued after a plea of guilty or plea of nolo contendere, length of sentence issued after guilt was determined by trial, and obligations placed on a defendant as a result of pretrial diversion; and
the average sentences imposed for each crime within the jurisdiction of the State or unit of local government, and the average sentences actually served, disaggregated by each criminal offense;
not later than 30 days after the date of enactment of this Act, and at the end of each fiscal year thereafter, submit to the Attorney General a report describing efforts to reduce crime within the jurisdiction of the State or unit of local government, which shall include a discussion of—
ongoing strategies to reduce the number of criminal offenses committed within the jurisdiction of the State or unit of local government;
ongoing efforts to hire and retain law enforcement officers;
ongoing strategies to combat anti-police sentiment;
ongoing strategies to prevent repeat offenses by violent offenders; and
ongoing strategies to increase prosecution of crime within its jurisdiction; and
not later than 30 days after the date of enactment of this Act, and at the end of each fiscal year thereafter, submit to the Attorney General a report describing the criminal offenses committed by persons who have been released from jail on pretrial release, which shall include crime data, in compliance with the requirements of the National Incident-Based Reporting System, for individuals who have been released from jail on pretrial release that have been arrested or charged with a felony or violent misdemeanor committed after pretrial release.
Enforcement through reduction in grant funds
For any fiscal year beginning on or after the date of enactment of this Act, a State or unit of local government that fails to comply with subsection (a) shall be subject to a 20-percent reduction in the amount that would otherwise be made available to the State or unit of local government under covered grants.
Use of amounts
Amounts not allocated to a State or unit of local government under a covered grant under subsection (b) for failure to fully comply with subsection (a) shall be reallocated under the applicable covered grant program to States or units of local government that have not failed to comply with subsection (a).
Report
Not later than 30 days after the date of enactment of this Act, and at the end of each fiscal year thereafter, the Attorney General shall publish a report listing each State or unit of local government that is not in compliance with subsection (a).
Online information
The Attorney General shall maintain a public website on which each report required under subsection (a) or (d) may be accessed in an electronically searchable format.
Monitoring
In order to ensure that the reports required under subsection (a) are true and correct, the Attorney General shall monitor and assess the accuracy of the reports required under section (a), which shall include conducting audits.
Crime Identification Technology Act of 1998
Section 102(b) of the Crime Identification Technology Act of 1998 (34 U.S.C. 40301(b)) is amended—
in paragraph (17), by striking and
at the end;
in paragraph (18), by striking the period and inserting ; and
; and
by adding at the end the following:
to assist units of local government that have a population of less than 150,000 in complying with the report requirements under section 3(a) of the Concerned Citizens Bill of Rights Act.
.
Defunding no cash bail
In general
In order to be eligible to receive any amounts under a covered grant, a State or unit of local government shall, not later than 30 days after the date of enactment of this Act, and at the end of each fiscal year thereafter, submit to the Attorney General a certification that—
the State or unit of local government does not have in effect a law, rule, policy, or practice that prohibits criminal courts from—
imposing money bail for any felony or any violent misdemeanor offense; or
taking the criminal history and dangerousness of the defendant into account when setting money bail for any felony or violent misdemeanor offense; and
prosecution office of the State or unit of local government does not have in effect a law, rule, policy, or practice of prohibiting the imposition of money bail for any felony or violent misdemeanor offense.
Use of amounts
Amounts not allocated to a State or unit of local government under a covered grant for failure to fully comply with subsection (a) shall be reallocated under the applicable covered grant program to States or units of local government that have not failed to comply with subsection (a).
