Keeping Violent Offenders Off Our Streets Act
This bill makes the posting of cash bail, criminal bail bonds, and federal immigration bail bonds subject to the federal laws governing the business of insurance.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8205 Introduced in House (IH)]
<DOC>
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)''.
<all>
Introduced in House
Referred to the House Committee on the Judiciary.
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by the Yeas and Nays: 14 - 9.
Reported (Amended) by the Committee on Judiciary. H. Rept. 118-704.
Reported (Amended) by the Committee on Judiciary. H. Rept. 118-704.
Placed on the Union Calendar, Calendar No. 598.
Rules Committee Resolution H. Res. 1486 Reported to House. Rule provides for consideration of H.R. 3334, H.R. 8205, H.R. 8790 and H. Res. 1469. The resolution provides for consideration of H.R. 3334 and H.R. 8790 under a structured rule and H.R. 8205 and H. Res. 1469 under a closed rule. The resolution provides for one hour of general debate on each measure with one motion to recommit on H.R. 3334, H.R. 8790, and H.R. 8205.
Considered under the provisions of rule H. Res. 1486. (consideration: CR H5772-5776, H5803-5804)
Rule provides for consideration of H.R. 3334, H.R. 8205, H.R. 8790 and H. Res. 1469. The resolution provides for consideration of H.R. 3334 and H.R. 8790 under a structured rule and H.R. 8205 and H. Res. 1469 under a closed rule. The resolution provides for one hour of general debate on each measure with one motion to recommit on H.R. 3334, H.R. 8790, and H.R. 8205.
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DEBATE - The House proceeded with one hour of debate on H.R. 8205.
The previous question was ordered pursuant to the rule.
Mr. Cardenas moved to recommit to the Committee on the Judiciary. (CR H5775-5776)
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 8205, the Chair put the question on the motion to recommit and announced that the ayes had prevailed. Mr. Fitzgerald demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
On motion to recommit Failed by the Yeas and Nays: 206 - 212 (Roll no. 453).
Roll Call #453 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 255 - 161 (Roll no. 454). (text of amendment in the nature of a substitute: CR H5772)
Roll Call #454 (House)On passage Passed by the Yeas and Nays: 255 - 161 (Roll no. 454). (text of amendment in the nature of a substitute: CR H5772)
Roll Call #454 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.