II 

117TH CONGRESS 

2D SESSION S. 5152 

To foster transparent crime data, to discourage no-cash bail, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 30 (legislative day, NOVEMBER 29), 2022 

Mr. MARSHALL introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

A BILL 

To foster transparent crime data, to discourage no-cash bail, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Concerned Citizens Bill 

5 of Rights Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 

8 (1) the term ‘‘covered grant’’ means— 


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1 (A) a grant awarded under section 1701 of 

2 title I of the Omnibus Crime Control and Safe 

3 Streets Act of 1968 (34 U.S.C. 10381); and 

4 (B) a grant awarded under subpart 1 of 

5 part E of title I of the Omnibus Crime Control 

6 and Safe Streets Act of 1968 (34 U.S.C. 10151 

7 et seq.); 

8 (2) the term ‘‘criminal courts’’— 

9 (A) means any court of a State or unit of 

10 local government having jurisdiction over crimi11 nal matters; and 

12 (B) includes the judicial officers serving in 

13 a court described in subparagraph (A), includ14 ing judges, magistrate judges, commissioners, 

15 justices of the peace, or any other person with 

16 decision-making authority; 

17 (3) the term ‘‘jail’’ means any confinement fa18 cility of a State or unit of local government, whether 

19 administered by such government or by a private or20 ganization on behalf of such government; 

21 (4) the term ‘‘money bail’’ means any condition 

22 of release from confinement that imposes a financial 

23 burden on the person released; 

24 (5) the term ‘‘prosecution office’’ means any 

25 public agency charged with direct responsibility for 


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1 prosecuting criminal offenders, including any compo2 nent bureau of such an agency; and 

3 (6) the terms ‘‘State’’ and ‘‘unit of local gov4 ernment’’ have the meanings given such terms in 

5 section 901(a) of title I of the Omnibus Crime Con6 trol and Safe Streets Act of 1968 (34 U.S.C. 

7 10251(a)). 

8 SEC. 3. CRIME WAVE TRANSPARENCY. 

9 (a) IN GENERAL.—Each State or unit of local gov10 ernment shall— 

11 (1) fully and accurately report information re12 quired by the National Incident-Based Reporting 

13 System of the Federal Bureau of Investigation; 

14 (2) not later than 30 days after the date of en15 actment of this Act, and at the end of each fiscal 

16 year thereafter, submit to the Attorney General a re17 port describing— 

18 (A) any law, rule, policy, or practice in ef19 fect in the jurisdiction of the State or unit of 

20 local government which requires or results in 

21 the nonenforcement of any criminal offenses 

22 within such jurisdiction; 

23 (B) any law, rule, policy, or practice in ef24 fect in the jurisdiction of the State or unit of 

25 local government which requires or results in 


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1 the nonprosecution of any criminal offenses 

2 within such jurisdiction; 

3 (C) any law, rule, policy, or practice in ef4 fect in the jurisdiction of the State or unit of 

5 local government which has the effect of with6 drawing law enforcement protection from a geo7 graphical area or structure that law enforce8 ment officers are lawfully entitled to access; 

9 (D) the number of criminal offenses de10 clined to be prosecuted, disaggregated by each 

11 criminal offense; 

12 (E) average sentences for filed criminal 

13 charges which resulted in punishment, 

14 disaggregated by length of sentence issued after 

15 a plea of guilty or plea of nolo contendere, 

16 length of sentence issued after guilt was deter17 mined by trial, and obligations placed on a de18 fendant as a result of pretrial diversion; and 

19 (F) the average sentences imposed for each 

20 crime within the jurisdiction of the State or 

21 unit of local government, and the average sen22 tences actually served, disaggregated by each 

23 criminal offense; 

24 (3) not later than 30 days after the date of en25 actment of this Act, and at the end of each fiscal 


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1 year thereafter, submit to the Attorney General a re2 port describing efforts to reduce crime within the ju3 risdiction of the State or unit of local government, 

4 which shall include a discussion of— 

5 (A) ongoing strategies to reduce the num6 ber of criminal offenses committed within the 

7 jurisdiction of the State or unit of local govern8 ment; 

9 (B) ongoing efforts to hire and retain law 

10 enforcement officers; 

11 (C) ongoing strategies to combat anti-po12 lice sentiment; 

13 (D) ongoing strategies to prevent repeat 

14 offenses by violent offenders; and 

15 (E) ongoing strategies to increase prosecu16 tion of crime within its jurisdiction; and 

17 (4) not later than 30 days after the date of en18 actment of this Act, and at the end of each fiscal 

19 year thereafter, submit to the Attorney General a re20 port describing the criminal offenses committed by 

21 persons who have been released from jail on pretrial 

22 release, which shall include crime data, in compli23 ance with the requirements of the National Incident24 Based Reporting System, for individuals who have 

25 been released from jail on pretrial release that have 


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1 been arrested or charged with a felony or violent 

2 misdemeanor committed after pretrial release. 

3 (b) ENFORCEMENT THROUGH REDUCTION IN GRANT

4 FUNDS.—For any fiscal year beginning on or after the 

5 date of enactment of this Act, a State or unit of local gov6 ernment that fails to comply with subsection (a) shall be 

7 subject to a 20-percent reduction in the amount that 

8 would otherwise be made available to the State or unit 

9 of local government under covered grants. 

10 (c) USE OF AMOUNTS.—Amounts not allocated to a 

11 State or unit of local government under a covered grant 

12 under subsection (b) for failure to fully comply with sub13 section (a) shall be reallocated under the applicable cov14 ered grant program to States or units of local government 

15 that have not failed to comply with subsection (a). 

16 (d) REPORT.—Not later than 30 days after the date 

17 of enactment of this Act, and at the end of each fiscal 

18 year thereafter, the Attorney General shall publish a re19 port listing each State or unit of local government that 

20 is not in compliance with subsection (a). 

21 (e) ONLINE INFORMATION.—The Attorney General 

22 shall maintain a public website on which each report re23 quired under subsection (a) or (d) may be accessed in an 

24 electronically searchable format. 


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1 (f) MONITORING.—In order to ensure that the re2 ports required under subsection (a) are true and correct, 

3 the Attorney General shall monitor and assess the accu4 racy of the reports required under section (a), which shall 

5 include conducting audits. 

6 SEC. 4. CRIME IDENTIFICATION TECHNOLOGY ACT OF 1998. 

7 Section 102(b) of the Crime Identification Tech8 nology Act of 1998 (34 U.S.C. 40301(b)) is amended— 

9 (1) by redesignating paragraphs (1) through 

10 (18) as subparagraphs (A) through (R), respectively, 

11 and by moving such subparagraphs 2 ems to the 

12 right; 

13 (2) in the matter preceding subparagraph (A), 

14 as so redesignated, by striking ‘‘may be used for 

15 programs’’ and all that follows and inserting ‘‘may 

16 be used— 

17 ‘‘(1) for programs to establish, develop, update, 

18 or upgrade—’’; 

19 (3) in paragraph (1)(R), as so designated, by 

20 striking the period at the end and inserting ‘‘; and’’; 

21 and 

22 (4) by adding at the end the following: 

23 ‘‘(2) to assist units of local government that 

24 have a population of less than 150,000 in complying 


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1 with the reporting requirements under section 3(a) 

2 of the Concerned Citizens Bill of Rights Act.’’. 

3 SEC. 5. DEFUNDING NO CASH BAIL. 

4 (a) IN GENERAL.—In order to be eligible to receive 

5 any amounts under a covered grant, a State or unit of 

6 local government shall, not later than 30 days after the 

7 date of enactment of this Act, and at the end of each fiscal 

8 year thereafter, submit to the Attorney General a certifi9 cation that— 

10 (1) the State or unit of local government does 

11 not have in effect a law, rule, policy, or practice that 

12 prohibits criminal courts from— 

13 (A) imposing money bail for any felony or 

14 any violent misdemeanor offense; or 

15 (B) taking the criminal history and dan16 gerousness of the defendant into account when 

17 setting money bail for any felony or violent mis18 demeanor offense; and 

19 (2) prosecution office of the State or unit of 

20 local government does not have in effect a law, rule, 

21 policy, or practice of prohibiting the imposition of 

22 money bail for any felony or violent misdemeanor of23 fense. 

24 (b) USE OF AMOUNTS.—Amounts not allocated to a 

25 State or unit of local government under a covered grant 


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1 for failure to fully comply with subsection (a) shall be re2 allocated under the applicable covered grant program to 

3 States or units of local government that have not failed 

4 to comply with subsection (a). 

Æ 


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