Keeping Violent Offenders Off Our Streets Act
Bill: H.R.8930 | Sponsor: Rep. Fitzgerald, Scott (R-WI)
Policy area: Crime and Law Enforcement

Summary:
Keeping Violent Offenders Off Our Streets Act
This bill conditions receipt of Edward Byrne Memorial Justice Assistance Grant program funding on certain minimum bail standards and public safety reporting. It also expands the definition of business of insurance (as it relates to crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce) to include the posting of monetary bail, criminal bail bonds, and federal immigration bail bonds.

To establish certain conditions on receipt of Byrne grant funding 
related to minimum bail standards and public safety reporting, 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. MINIMUM BAIL STANDARDS CONDITION FOR RECEIPT OF BYRNE GRANT 
              FUNDING.

    Beginning in the first fiscal year that begins after the date that 
is 3 years after the date of enactment of this Act, the Attorney 
General shall reduce by 75 percent the amount that a State or unit of 
local government would otherwise receive under the Byrne grant program 
under subpart 1 of part E of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), in the case of a 
State or unit of local government that does not have in effect a policy 
that requires the consideration of the pretrial release factors 
described in section 3142(g) of title 18, United States Code, at 
minimum, to determine whether there are conditions of release that will 
reasonably assure the appearance of a person as required and the safety 
of any other person and the community.

SEC. 3. PUBLIC SAFETY REPORT SYSTEM CONDITION FOR RECEIPT OF BYRNE 
              GRANT FUNDING.

    Beginning in the first fiscal year that begins after the date that 
is 3 years after the date of enactment of this Act, the Attorney 
General shall reduce by 75 percent the amount that a State or Indian 
Tribe would otherwise receive under the Byrne grant program under 
subpart 1 of part E of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10151 et seq.), in the case of State or 
Indian Tribe that does not have in effect a public safety report system 
developed and maintained by the State or Tribal Court Administration, 
which system shall provide judges and prosecutors in the jurisdiction, 
at no cost, a public safety report for each defendant charged with an 
offense described in paragraph (1), which contains the following:
            (1) The criteria for setting bail for an individual charged 
        with--
                    (A) murder, manslaughter (except involuntary 
                manslaughter), or attempted murder;
                    (B) rape, attempted rape, or any other felony 
                sexual abuse offense or attempt to commit such an 
                offense;
                    (C) any felony assault offense;
                    (D) kidnapping;
                    (E) robbery;
                    (F) a felony offense involving resisting or 
                obstructing an officer;
                    (G) carjacking;
                    (H) unlawful possession of a firearm in the 
                commission of a felony; or
                    (I) any other violent felony.
            (2) Identifying information regarding each defendant 
        charged with an offense described in paragraph (1), the case 
        filed against the defendant, and the offense with which the 
        defendant is charged.
            (3) Information on the eligibility of each such defendant 
        for a personal bond.
            (4) Information regarding the applicability of any required 
        or discretionary bond conditions for each such defendant.
            (5) A summary of the criminal history of the defendant, 
        including information regarding any--
                    (A) previous misdemeanor or felony conviction;
                    (B) pending charges;
                    (C) previous sentence imposing a term of 
                imprisonment;
                    (D) previous conviction or pending charges for any 
                offense described in paragraph (1); and
                    (E) previous failure of the defendant to appear in 
                court following release on bail.

SEC. 4. PUBLIC SAFETY REPORT USE AND SUBMISSION CONDITION FOR RECEIPT 
              OF BYRNE GRANT FUNDING.

    Beginning in the first fiscal year that begins after the date that 
is 3 years after the date of enactment of this Act, the Attorney 
General shall reduce by 75 percent the amount that State or Indian 
Tribe would a State or Indian Tribe otherwise receive under the Byrne 
grant program under subpart 1 of part E of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), in the 
case of State or Indian Tribe that does not--
            (1) have in effect a law or policy providing that 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 paragraph (1) of section 3--
                    (A) the prosecutor shall use the public safety 
                report system developed under section 3 to prepare a 
                public safety report with respect to the defendant;
                    (B) the prosecutor shall provide the public safety 
                report prepared under subparagraph (A) to the State or 
                Tribal court as soon as practicable, but not later than 
                48 hours after the defendant's arrest; and
                    (C) the court shall consider the public safety 
                report before setting bail; and
            (2) submit each public safety report prepared under 
        paragraph (1)(A) to the National Crime Information Center.

SEC. 5. 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)''.
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