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Code · BILL · 113th Congress · H.R. 5158 (Introduced in House) — To provide for the sealing or expungement of records relating to Federal nonviolent criminal offenses, and for other... · Sec. 6

Sec. 6. State incentives

512 words·~2 min read·/bill/113/hr/5158/ih/section-6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 1701(c) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd(c) ) is amended— by striking In and inserting the following: In ; by striking where feasible and all that follows, and inserting the following: where feasible, to an application— for hiring and rehiring additional career law enforcement officers that involves a non-Federal contribution exceeding the 25 percent minimum under subsection (g); or from an applicant in a State that has in effect— a law relating to the confidentiality, sealing, and expungement of juvenile records that is substantially similar to, or more generous to the former offender than, the amendments made by subsections
(b)through
(d)of section 3 of the Record Expungement Designed to Enhance Employment Act of 2014 ; a law prohibiting juvenile solitary confinement that is substantially similar to, or more restrictive than, the amendment made by subsection
(e)of section 3 of the Record Expungement Designed to Enhance Employment Act of 2014 ; a law relating to the sealing of adult records that is substantially similar to, or more generous to the former offender than, the amendments made by section 2 of the Record Expungement Designed to Enhance Employment Act of 2014 ; subject to paragraph (2), a law that establishes that an adult criminal court may not have original jurisdiction over an individual who was less than 18 years of age when the individual committed an offense; a law that allows an individual who has successfully sealed or expunged a criminal record to be free from civil and criminal perjury laws; or a law relating to the eligibility of individuals for assistance or benefits referred to in subsection
(a)of section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 21 U.S.C. 862a(a) ) that is no more restrictive than such section, as amended by section 5 of the Record Expungement Designed to Enhance Employment Act of 2014 . ; and by adding at the end the following: Paragraph (1)(B)(iv) shall not be construed to preclude from preferential consideration an application from an applicant in a State that— has in effect a law that authorizes the transfer of an individual who is less than 18 years of age to adult criminal court if the individual commits a specified offense or an offense that falls under a specified category of offenses; or exercises other case-specific transfer mechanisms. If the Attorney General, in awarding grants under this part, gives preferential consideration to any application as authorized under paragraph (1)(B), the Attorney General shall base the degree of preferential consideration given to an application from an applicant in a particular State on the number of clauses under paragraph (1)(B) that the State has satisfied, relative to the number of such clauses that each other State has satisfied. . The Attorney General shall issue guidelines and provide technical assistance to assist States in complying with the incentive under section 1701(c)(1)(B) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd(c)(1)(B) ), as added by subsection (a).
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Sec. 6
State incentives
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