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H.R. 8821 · House bill · 119th Congress
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This Act may be cited as the “No Bailouts for Cashless Bail Jurisdictions Act”.
(a) In general.— No Federal funds may be made available to a jurisdiction that the Attorney General determines has substantially eliminated cash bail as a potential condition of pretrial release from custody for a covered offense.
(b) Attorney general determinations.— Not later than 30 days after the date of enactment of this Act, and not less than quarterly thereafter, the Attorney General shall make determinations on which jurisdictions have substantially eliminated cash bail for a covered offense and shall make such determinations, and an explanation of each determination, publicly available.
(c) Reinstatement of federal funds.— A jurisdiction that the Attorney General determines has substantially eliminated cash bail for a covered offense may begin receiving Federal funds on the later of—
(1) 180 days after the date on which the Attorney General first determines the jurisdiction has substantially eliminated cash bail for a covered offense; or
(2) the date on which the Attorney General determines that the jurisdiction no longer substantially eliminated cash bail for a covered offense.
In this Act:
(1) Cash bail.— The term “cash bail” means any secured monetary conditions of release, including cash payments, secured bonds, or sureties, required by a court to guarantee a defendant’s appearance.
(2) Covered offense.— The term “covered offense” includes—
(A) a crime of violence;
(B) a sex offense;
(C) an indecent act;
(D) a crime involving moral turpitude;
(E) burglary;
(F) vandalism;
(G) looting; or
(H) any other criminal offense under Federal, State, or local law the Attorney General determines appropriate.
(3) Crime of violence.— The term “crime of violence” has the meaning given that term in section 16(a) of title 18, United States Code.
(4) Sex offense.— The term “sex offense” has the meaning given to that term in section 111 of the Adam Walsh Child Protection and Safety Act of 2006 (34 U.S.C. 20911).
(5) Indecent act.— The term “indecent act” means a criminal act under Federal, State, or local law involving sexually explicit conduct (as such term is defined in section 2256(2)(A) of title 18, United States Code).
(6) Burglary.— The term “burglary” means a criminal act under Federal, State, or local law involving breaking and entering the dwelling of another person with the intent to commit larceny.
(7) Vandalism.— The term “vandalism” means a criminal act under Federal, State, or local law involving the intentional defacing, damaging, injuring, or destroying property or real property.
(8) Looting.— The term “looting” means—
(A) a criminal act under Federal, State, or local law involving participation in a riot (as such term is defined in section 2102 of title 18, United States Code); or
(B) a criminal act under Federal, State, or local law involving knowingly or intentionally taking, destroying, or appropriating property belonging to another without the owner’s consent by force, threat, stealth, breaking and entering, or other means during a riot, civil unrest, or a natural disaster.