I 

111TH CONGRESS 

1ST SESSION H. R. 2674 

To protect children from sex offenders. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 3, 2009 

Mr. POE of Texas (for himself, Mr. GALLEGLY, and Mr. CARTER) introduced 

the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To protect children from sex offenders. 

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 ‘‘Protecting America’s 

5 Children Act of 2009’’. 

6 SEC. 2. BYRNE GRANT FUNDING CONDITIONED ON CER7 TIFICATION OF CERTAIN PRE-TRIAL RE8 LEASE PROTECTIONS. 

9 (a) LIMITATION ON FUNDING.— 

10 (1) BYRNE GRANTS RESTRICTED.—Notwith11 standing any other provision of law, the Attorney 

12 General shall not provide any funds authorized 


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1 under subpart 1 of part E of title I of the Omnibus 

2 Crime Control and Safe Streets Act of 1968 (42 

3 U.S.C. 3750 et seq.) (whether characterized as the 

4 Edward Byrne Memorial Justice Assistance Grant 

5 Program, the Edward Byrne Memorial State and 

6 Local Law Enforcement Assistance Programs, the 

7 Local Government Law Enforcement Block Grants 

8 Program, or otherwise) to any State or unit of local 

9 government for any fiscal year for which the State 

10 or unit of local government, respectively, fails to 

11 meet the requirement under subsection (b). 

12 (2) REALLOCATION.—Amounts not allocated 

13 under subpart 1 of part E of title I of the Omnibus 

14 Crime Control and Safe Streets Act of 1968 (42 

15 U.S.C. 3750 et seq.) to a State or unit of local gov16 ernment for failure to meet the requirement under 

17 subsection (b) shall be reallocated under that sub18 part to States and units of local government that 

19 have not failed to meet such requirement. 

20 (b) REQUIREMENT TO PROVIDE CERTIFICATION OF

21 PRE-TRIAL RELEASE PROTECTIONS.—For purposes of 

22 subsection (a)(1), the chief executive officer of a State or 

23 unit of local government shall submit to the Attorney Gen24 eral for a fiscal year a certification, in accordance with 

25 such form, manner, and time as specified by the Attorney 


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1 General, that the laws of the State or unit of local govern2 ment, respectively, provide adequate protection against the 

3 pre-trial release of individuals described in subsection 

4 (c)(1). For purposes of the previous sentence, in order to 

5 demonstrate adequate protection the certification must 

6 provide that the laws of the State or unit of local govern7 ment, respectively, provide for at least the measures de8 scribed in subsection (c). 

9 (c) PRE-TRIAL RELEASE MEASURES DESCRIBED.— 

10 For purposes of subsection (b), the measures described in 

11 this subsection, with respect to a State or unit of local 

12 government, are the following: 

13 (1) A measure that authorizes an appropriate 

14 judicial officer of the State or unit of local govern15 ment, respectively, to conduct a pre-trial detention 

16 hearing with respect to any individual— 

17 (A) who at the time of the hearing is 

18 charged with a State or local offense for con19 duct that, if the conduct had occurred in the 

20 special maritime and territorial jurisdiction of 

21 the United States would constitute an offense 

22 under section 1201, 2241, 2243, or 2245, or 

23 chapter 109B or 110, of title 18, United States 

24 Code; and 


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1 (B) who poses a serious risk (as deter2 mined by such judicial officer) of— 

3 (i) fleeing; 

4 (ii) obstructing justice or attempting 

5 to obstruct justice; or 

6 (iii) threatening, injuring, intimi7 dating, or attempting to threaten, injure, 

8 or intimidate a potential witness, judge, 

9 magistrate, or juror involved. 

10 (2) A measure that provides that an individual 

11 described in paragraph (1) shall be detained prior to 

12 trial for the period beginning at presentment and 

13 ending on either the last day of the pre-trial deten14 tion hearing involved or the last day of any continu15 ance period, whichever is later. 

16 (d) EFFECTIVE DATE; TRANSITION.—Subsection (a) 

17 shall apply to funds authorized under subpart 1 of part 

18 E of title I of the Omnibus Crime Control and Safe Streets 

19 Act of 1968 (42 U.S.C. 3750 et seq.) for the first fiscal 

20 year beginning after two years after the date of the enact21 ment of this Act, and for each subsequent fiscal year. To 

22 be eligible for any funds authorized under such subpart 

23 for a fiscal year beginning after the date of the enactment 

24 of this Act and before such first fiscal year, a State or 

25 unit of local government shall submit to the Attorney GenVerDate Nov 24 2008 04:28 Jun 04, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2674.IH H2674

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1 eral a certification that the State or unit of local govern2 ment, respectively, has made reasonable efforts to ensure 

3 that the State or unit of local government, respectively, 

4 will meet the requirement under subsection (a)(1) by the 

5 first day of such first fiscal year. 

Æ 


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