Concerned Citizens Bill of Rights Act

Bill: 117-s-5152
Sponsor: full_name: Sen. Marshall, Roger [R-KS]
Introduced: 2022-11-30
Policy area: Crime and Law Enforcement
Latest action: action_date: 2022-11-30
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2022-11-30
action_desc: Introduced in Senate
text: <p><b>Concerned Citizens Bill of Rights Act</b></p> <p>This bill requires state and local governments, as a condition of certain grant funding, to annually (1) report on any of their policies that result in a lack of law enforcement or prosecution of criminal offenses, and (2) certify that they do not have any policies that prohibit money bail for felonies or violent misdemeanors.</p>

tv_txt: II 117th CONGRESS 2d Session S. 5152 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. Short title This Act may be cited as the Concerned Citizens Bill of Rights Act . 2. Definitions In this Act— (1) the term covered grant means— (A) a grant awarded under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 ); and (B) a grant awarded 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. ); (2) the term criminal courts — (A) means any court of a State or unit of local government having jurisdiction over criminal matters; and (B) includes the judicial officers serving in a court described in subparagraph (A), including judges, magistrate judges, commissioners, justices of the peace, or any other person with decision-making authority; (3) the term jail means any confinement facility of a State or unit of local government, whether administered by such government or by a private organization on behalf of such government; (4) the term money bail means any condition of release from confinement that imposes a financial burden on the person released; (5) the term prosecution office means any public agency charged with direct responsibility for prosecuting criminal offenders, including any component bureau of such an agency; and (6) the terms State and unit of local government have the meanings given such terms in section 901(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10251(a) ). 3. Crime wave transparency (a) In general Each State or unit of local government shall— (1) fully and accurately report information required by the National Incident-Based Reporting System of the Federal Bureau of Investigation; (2) not later than 30 days after the date of enactment of this Act, and at the end of each fiscal year thereafter, submit to the Attorney General a report describing— (A) any law, rule, policy, or practice in effect in the jurisdiction of the State or unit of local government which requires or results in the nonenforcement of any criminal offenses within such jurisdiction; (B) any law, rule, policy, or practice in effect in the jurisdiction of the State or unit of local government which requires or results in the nonprosecution of any criminal offenses within such jurisdiction; (C) any law, rule, policy, or practice in effect in the jurisdiction of the State or unit of local government which has the effect of withdrawing law enforcement protection from a geographical area or structure that law enforcement officers are lawfully entitled to access; (D) the number of criminal offenses declined to be prosecuted, disaggregated by each criminal offense; (E) average sentences for filed criminal charges which resulted in punishment, disaggregated by length of sentence issued after a plea of guilty or plea of nolo contendere, length of sentence issued after guilt was determined by trial, and obligations placed on a defendant as a result of pretrial diversion; and (F) the average sentences imposed for each crime within the jurisdiction of the State or unit of local government, and the average sentences actually served, disaggregated by each criminal offense; (3) not later than 30 days after the date of enactment of this Act, and at the end of each fiscal year thereafter, submit to the Attorney General a report describing efforts to reduce crime within the jurisdiction of the State or unit of local government, which shall include a discussion of— (A) ongoing strategies to reduce the number of criminal offenses committed within the jurisdiction of the State or unit of local government; (B) ongoing efforts to hire and retain law enforcement officers; (C) ongoing strategies to combat anti-police sentiment; (D) ongoing strategies to prevent repeat offenses by violent offenders; and (E) ongoing strategies to increase prosecution of crime within its jurisdiction; and (4) not later than 30 days after the date of enactment of this Act, and at the end of each fiscal year thereafter, submit to the Attorney General a report describing the criminal offenses committed by persons who have been released from jail on pretrial release, which shall include crime data, in compliance with the requirements of the National Incident-Based Reporting System, for individuals who have been released from jail on pretrial release that have been arrested or charged with a felony or violent misdemeanor committed after pretrial release. (b) Enforcement through reduction in grant funds For any fiscal year beginning on or after the date of enactment of this Act, a State or unit of local government that fails to comply with subsection (a) shall be subject to a 20-percent reduction in the amount that would otherwise be made available to the State or unit of local government under covered grants. (c) Use of amounts Amounts not allocated to a State or unit of local government under a covered grant under subsection (b) for failure to fully comply with subsection (a) shall be reallocated under the applicable covered grant program to States or units of local government that have not failed to comply with subsection (a). (d) Report Not later than 30 days after the date of enactment of this Act, and at the end of each fiscal year thereafter, the Attorney General shall publish a report listing each State or unit of local government that is not in compliance with subsection (a). (e) Online information The Attorney General shall maintain a public website on which each report required under subsection (a) or (d) may be accessed in an electronically searchable format. (f) Monitoring In order to ensure that the reports required under subsection (a) are true and correct, the Attorney General shall monitor and assess the accuracy of the reports required under section (a), which shall include conducting audits. 4. Crime Identification Technology Act of 1998 Section 102(b) of the Crime Identification Technology Act of 1998 ( 34 U.S.C. 40301(b) ) is amended— (1) by redesignating paragraphs (1) through (18) as subparagraphs (A) through (R), respectively, and by moving such subparagraphs 2 ems to the right; (2) in the matter preceding subparagraph (A), as so redesignated, by striking may be used for programs and all that follows and inserting “may be used— (1) for programs to establish, develop, update, or upgrade— ; (3) in paragraph (1)(R), as so designated, by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (2) to assist units of local government that have a population of less than 150,000 in complying with the reporting requirements under section 3(a) of the Concerned Citizens Bill of Rights Act. . 5. Defunding no cash bail (a) In general In order to be eligible to receive any amounts under a covered grant, a State or unit of local government shall, not later than 30 days after the date of enactment of this Act, and at the end of each fiscal year thereafter, submit to the Attorney General a certification that— (1) the State or unit of local government does not have in effect a law, rule, policy, or practice that prohibits criminal courts from— (A) imposing money bail for any felony or any violent misdemeanor offense; or (B) taking the criminal history and dangerousness of the defendant into account when setting money bail for any felony or violent misdemeanor offense; and (2) prosecution office of the State or unit of local government does not have in effect a law, rule, policy, or practice of prohibiting the imposition of money bail for any felony or violent misdemeanor offense. (b) Use of amounts Amounts not allocated to a State or unit of local government under a covered grant for failure to fully comply with subsection (a) shall be reallocated under the applicable covered grant program to States or units of local government that have not failed to comply with subsection (a).