Protecting America's Children Act of 2007 - Prohibits the Attorney General from providing funding under the Edward Byrne Memorial Justice Assistance Grant Program to states or local governments that fail to certify that their laws provide adequate protection against the pre-trial release of individuals charged with certain violent or serious sex crimes (e.g., kidnapping and sexual abuse or exploitation of a child) and who pose a serious risk of fleeing, obstructing justice, or threatening, injuring, or intimidating a potential witness, judge, magistrate, or juror.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3149 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 3149
To protect children from sex offenders.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 24, 2007
Mr. Porter 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
2007''.
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line