Holding Rioters Accountable Act of 2020
This bill permits the Department of Justice (DOJ) to withhold certain funding from an office of a state or local prosecutor, district attorney, or state attorney general if DOJ determines the office abused prosecutorial discretion by failing to prosecute crimes arising from riots or destructive protest activities.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4424 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4424
To withhold a percentage of Federal funding from State and local
prosecutors who fail to faithfully prosecute crimes related to protests
and riots.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 4, 2020
Mrs. Loeffler (for herself and Mr. Cotton) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To withhold a percentage of Federal funding from State and local
prosecutors who fail to faithfully prosecute crimes related to protests
and riots.
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 ``Holding Rioters Accountable Act of
2020''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Opportunistic rioters and violent extremists are
destroying public and private property with impunity.
(2) Local and Federal law enforcement officers are on the
front lines every night attempting to prevent the mass
destruction of property.
(3) Law enforcement officers are doing their jobs by
arresting those who are found to be committing the violence and
destruction.
(4) In certain jurisdictions, however, local and State
prosecutors are turning a blind eye to the destruction and
violence.
(5) These actions do a disservice to the law enforcement
officers faithfully carrying out their responsibility to uphold
the rule of law.
(6) The Office of Justice Programs of the Department of
Justice provided approximately $5,000,000,000 in grants and
funding to State and local governments in fiscal year 2020.
(7) District attorney and State attorney general offices
that have abused the use of prosecutorial discretion and fail
to protect private and public property or fail to confront and
address violent riots and looting should not receive Federal
support.
(b) Purpose.--The purpose of this Act is to provide authority for
the Attorney General to withhold Federal grant amounts and other
funding provided to State and local prosecutors, district attorneys,
and State attorney general offices if such prosecutors or offices fail
to faithfully uphold the rule of law by failing to properly prosecute
criminal acts committed during riots and protests.
SEC. 3. WITHHOLDING OF PERCENTAGE OF DEPARTMENT OF JUSTICE GRANTS AND
OTHER FUNDING SOURCES FROM STATE AND LOCAL PROSECUTORS,
DISTRICT ATTORNEYS, AND STATE ATTORNEYS GENERAL.
(a) In General.--The Attorney General may withhold not more than 10
percent of all amounts that would otherwise be awarded or made
available under part JJ of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10671 et seq.) or a COVID-19
related emergency funding program to a State prosecutor's office, a
district attorney's office, or a State attorney general's office in a
fiscal year by the Department of Justice if the Attorney General
determines, in accordance with subsection (b), that the office has
abused the use of prosecutorial discretion by failing to prosecute
crimes stemming from riots or other violent or destructive protest
activities.
(b) Standard for Determination.--
(1) In general.--A State prosecutor's office, a district
attorney's office, or a State attorney general's office shall
be determined to have abused the prosecutorial discretion of
the office under subsection (a) if the office refuses, as a
general policy rather than on a case-by-case determination, to
seek prosecution for crimes committed by individuals engaged in
or connected to rioting, looting, or other violent or
destructive activities, unless such policy is in accordance
with an order issued by a court of law.
(2) Limitation.--A State prosecutor's office, a district
attorney's office, or a State attorney general's office shall
not be determined to have abused the prosecutorial discretion
of the office under subsection (a) if the Attorney General
determines that such exercise of prosecutorial discretion is
properly made based on the strength of evidence, individual
facts in the case, cooperation of the defendant, or other
appropriate prosecutorial decision making factors.
(3) Requirement.--The Attorney General shall establish
criteria for determining whether a State prosecutor's office, a
district attorney's office, or a State attorney general's
office has abused the prosecutorial discretion of the office
under subsection (a).
(c) Review of Relevant Information.--In making a determination
under subsection (a), the Attorney General shall--
(1) review any arrest statistics, information, or
documents, provided by a law enforcement agency that conducted
authorized operations connected to a riot or other violent or
destructive protest activity;
(2) review any prosecution statistics, information, or
documents, provided by the office being reviewed relating to
indictment, dismissal, or conviction of individuals charged
with any crime connected to a riot or other violent or
destructive protest activity; and
(3) review any statements, orders, or other information
made by an executive political leader with responsibility for
appointing or otherwise overseeing the operations and
activities of the office being reviewed.
(d) Restricted Use of Funds.--In the case of a State that the
Attorney General determines is a State described in subsection (a)
because a local district attorney or prosecutor has abused
prosecutorial discretion by failing to prosecute crimes stemming from
riots or other violent or destructive protest activities, the State may
not--
(1) make the amounts made available under a program
described in subsection (a) available for use by the local
government; and
(2) to the maximum extent practicable, expend the amounts
made available under a program described in subsection (a) in
any community or location subject to the jurisdiction of the
local government.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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