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House Bill 8205
118th Congress(2023-2024)
To amend title 18, United States Code, to prohibit fraud in connection with posting bail
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Passed House on Sep 25, 2024
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H. R. 8205 (Introduced-in-House)


118th CONGRESS
2d Session
H. R. 8205


To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide that Byrne grant funds may be used for public safety report systems, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

May 1, 2024

Mr. Fitzgerald (for himself, Mr. Nehls, Mr. Steil, Mr. Tiffany, and Mr. Higgins of Louisiana) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide that Byrne grant funds may be used for public safety report systems, and for other purposes.

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 “Keeping Violent Offenders Off Our Streets Act”.

SEC. 2. Use of Byrne grant funding for public safety report systems.

Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152) is amended—

(1) in subsection (a)(1), by adding at the end the following:

    “(J) A public safety report system described in subsection (i).”; and

(2) by adding at the end the following:

“(i) Public safety report system described.—A public safety report system described in this subsection shall include the following:

“(1) IN GENERAL.—The public safety report system shall be developed and maintained by the State or Tribal Court Administration, shall provide judges and prosecutors in the jurisdiction, at no cost, a public safety report for each defendant charged with an offense described in subparagraph (A), and shall contain the following:

“(A) The criteria for setting bail for an individual charged with—

“(i) murder, manslaughter (except involuntary manslaughter), or attempted murder;

“(ii) rape, attempted rape, or any other felony sexual abuse offense or attempt to commit such an offense;

“(iii) any felony assault offense;

“(iv) kidnapping;

“(v) robbery;

“(vi) a felony offense involving resisting or obstructing an officer;

“(vii) carjacking;

“(viii) unlawful possession of a firearm in the commission of a felony; or

“(ix) any other violent felony.

“(B) Identifying information regarding each defendant charged with an offense described in subparagraph (A), the case filed against the defendant, and the offense with which the defendant is charged.

“(C) Information on the eligibility of each such defendant for a personal bond.

“(D) Information regarding the applicability of any required or discretionary bond conditions for each such defendant.

“(E) A summary of the criminal history of the defendant, including information regarding any—

“(i) previous misdemeanor or felony conviction;

“(ii) pending charges;

“(iii) previous sentence imposing a term of imprisonment;

“(iv) previous conviction or pending charges for any offense described in subparagraph (A); and

“(v) previous failure of the defendant to appear in court following release on bail.

“(2) USE OF SYSTEM.—The public safety report system shall be used by the jurisdiction as follows:

“(A) 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 subparagraph (A) of paragraph (1)—

“(i) the prosecutor shall use the public safety report system developed under section 3 to prepare a public safety report with respect to the defendant;

“(ii) the prosecutor shall provide the public safety report prepared under clause (i) to the State or Tribal court as soon as practicable, but not later than 48 hours after the defendant’s arrest; and

“(iii) the court shall consider the public safety report before setting bail; and

“(B) To submit each public safety report prepared under subparagraph (A)(i) to the National Crime Information Center.”.

SEC. 3. 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)”.