Prosecutors Need to Prosecute Act

Bill: 118-hr-27
Sponsor: full_name: Rep. Malliotakis, Nicole [R-NY-11]
Introduced: 2023-01-09
Policy area: Crime and Law Enforcement
Subjects: Assault and harassment offenses

Crimes against property

Criminal investigation, prosecution, interrogation

Criminal procedure and sentencing

Government information and archives

Lawyers and legal services

Sex offenses
Latest action: action_date: 2023-01-09
text: Referred to the House Committee on the Judiciary.

Summaries:
action_date: 2023-01-09
action_desc: Introduced in House
text: <p><b>Prosecutors Need to Prosecute Act</b></p> <p>This bill requires certain state and local prosecutors to report data on criminal referrals and outcomes of cases involving murder or non-negligent manslaughter, forcible rape, robbery, aggravated assault, burglary, larceny, motor vehicle theft, arson, or any offense involving the illegal use or possession of a firearm. </p> <p>The reporting requirement applies to state and local prosecutors in a jurisdiction with 380,000 or more persons that receives funding under the Edward Byrne Memorial Justice Assistance Grant program. The report must contain data on</p> <ul type="disc"> <li>cases referred for prosecution, </li> <li>cases declined for prosecution,</li> <li>cases resulting in a plea agreement with the defendant,</li> <li>cases initiated against defendants with previous arrests or convictions, and</li> <li>defendants charged who were released or eligible for bail. </li> </ul>

tv_txt: I 118th CONGRESS 1st Session H. R. 27 IN THE HOUSE OF REPRESENTATIVES January 9, 2023 Ms. Malliotakis (for herself, Mr. Reschenthaler , Ms. Stefanik , Ms. Van Duyne , Mr. Newhouse , Mr. Johnson of Louisiana , Mr. Fitzgerald , Mr. Tiffany , Mr. Crenshaw , Mr. Issa , Mr. Stauber , Mr. Calvert , Mrs. Lesko , Mr. Joyce of Pennsylvania , Mrs. Spartz , Mr. Webster of Florida , Mrs. Cammack , Mr. McClintock , Mrs. Greene of Georgia , and Mr. Moylan ) 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 to direct district attorney and prosecutors offices to report to the Attorney General, and for other purposes.

1. Short title This Act may be cited as the Prosecutors Need to Prosecute Act . 2. District attorney reporting requirements for Byrne grants Section 501 of subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 ) is amended— (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and (2) by inserting after subsection (f) the following: (g) District Attorney Reporting Requirements (1) In general On an annual basis, each chief executive of a district attorney or prosecutor’s office that serves a jurisdiction of 380,000 or more persons, which jurisdiction receives funds under this part, shall submit to the Attorney General a report that contains, for the previous fiscal year, the following: (A) The total number of cases referred to the office for prosecution of a covered offense. (B) The number of cases such office declined to prosecute involving a covered offense. (C) For cases involving a covered offense that resulted in a plea agreement reached with the defendant— (i) the total number of such cases; (ii) the number of such cases by each initial charge; and (iii) the number of such cases by each charge of conviction. (D) The number of cases involving covered offenses initiated against a defendant— (i) previously arrested for a covered offense arising out of separate conduct; (ii) previously convicted for a covered offense arising out of separate conduct; (iii) with an open case involving a covered offense arising out of separate conduct; (iv) serving a term of probation for a conviction for a covered offense arising out of separate conduct; and (v) released on parole for a conviction for a covered offense arising out of separate conduct. (E) The number of defendants charged with a covered offense— (i) who were released on their own recognizance; (ii) who were eligible for bail; and (iii) for whom the prosecutor requested bail. (2) Uniform standards The Attorney General shall define uniform standards for the reporting of the information required under this subsection, including the form such reports shall take and the process by which such reports shall be shared with the Attorney General. (3) Submission to Judiciary Committees The Attorney General shall submit the information received under this subsection to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives and shall publish such information on a publicly viewable website. (4) Covered offense defined In this subsection, the term covered offense means any of the following: (A) Murder or non-negligent manslaughter. (B) Forcible rape. (C) Robbery. (D) Aggravated assault. (E) Burglary. (F) Larceny. (G) Motor vehicle theft. (H) Arson. (I) Any offense involving the illegal use of a firearm. (J) Any offense involving the illegal possession of a firearm. .