[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4161 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4161
To authorize the Attorney General to make grants to States, units of
local government, and Indian Tribes to reduce the financial and
administrative burden of expunging convictions for cannabis offenses,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 2024
Ms. Rosen introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To authorize the Attorney General to make grants to States, units of
local government, and Indian Tribes to reduce the financial and
administrative burden of expunging convictions for cannabis offenses,
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 ``Harnessing Opportunities by Pursuing
Expungement Act of 2024'' or the ``HOPE Act of 2024''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Cannabis.--The term ``cannabis'' means marijuana or
cannabis, as defined under the State law authorizing the sale
or use of cannabis in which an individual or entity is located.
(2) Cannabis offense.--The term ``cannabis offense'' means
a criminal offense relating to cannabis--
(A) that, under State law--
(i) is no longer an offense; or
(ii) was designated a lesser offense; or
(B) for which the penalty under State law--
(i) was reduced pursuant to or following
the adoption of a State law authorizing the
sale or use of cannabis;
(ii) does not include jail time; or
(iii) includes some jail time following the
adoption of a State law substantially reducing
the amount of jail time.
(3) Eligible entity.--The term ``eligible entity'' means a
State, a unit of local government, or an Indian Tribe.
(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(5) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, and any
commonwealth or territory of the United States.
(6) Unit of local government.--The term ``unit of local
government'' means a county, municipality, town, township,
village, parish, borough, or other unit of general government
below the State level.
SEC. 3. STATE EXPUNGEMENT OPPORTUNITY GRANT PROGRAM.
(a) Authorization.--The Attorney General may award grants to
eligible entities to reduce the financial and administrative burden of
expunging convictions for cannabis offenses that are available for
individuals who have been convicted of cannabis offenses under the laws
of the State.
(b) Name of Program.--The grant program established under this
section shall be known as the ``State Expungement Opportunity Grant
Program''.
(c) Application.--The chief executive of an eligible entity seeking
a grant under this section shall submit to the Attorney General an
application at such time, in such manner, and containing such
information as the Attorney General may reasonably require.
(d) Use of Funds.--An eligible entity that receives a grant under
this section shall use funds from the grant--
(1) for technology to provide cost-effective legal relief
at scale;
(2) to automate the process of expunging convictions for
cannabis offenses;
(3) for clinics, including legal clinics, that assist
individuals through the expungement process;
(4) to implement the notice requirement described in
subsection (e);
(5) to seal records of conviction for cannabis offenses, if
appropriate; and
(6) for other innovative partnerships to provide wide-scale
relief to individuals who are eligible for the expungement of a
conviction for a cannabis offense under the laws of the State.
(e) Notice Requirement.--An eligible entity that receives a grant
under this section shall--
(1) publish on a publicly accessible website information
about the availability and process of expunging convictions for
cannabis offenses, including information for individuals living
in an area other than the area under the jurisdiction of the
eligible entity who were convicted of a cannabis offense in the
area under the jurisdiction of the eligible entity; and
(2) implement a process to notify each individual convicted
of a cannabis offense--
(A) when the expungement process has begun; and
(B) when the expungement is complete, including, if
applicable, when an official certificate of expungement
(or any other similar document used by the eligible
entity) has been issued.
(f) Report.--An eligible entity that receives a grant under this
section shall submit to the Attorney General a report describing--
(1) the uses of funds from the grant; and
(2) how many convictions for cannabis offenses have been
expunged using funds from the grant.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General to carry out this section
$2,000,000 for each of fiscal years 2025 through 2034.
SEC. 4. STUDY ON THE IMPACT OF CRIMINAL OFFENSES RELATED TO CANNABIS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Attorney General shall submit to Congress and make
publicly available on the website of the Department of Justice a report
on a study conducted on--
(1) the effects of the appearance on an individual's
criminal record report of a conviction for a criminal offense
relating to cannabis, including--
(A) disqualifying the individual from future
opportunities in housing and employment;
(B) increasing the likelihood that the individual
will have future involvement with the criminal justice
system;
(C) how any such effects differ based on
demographics, including race; and
(D) any other matters determined appropriate by the
Attorney General; and
(2) the costs incurred by States for incarcerating an
individual convicted for a criminal offense relating to
cannabis.
(b) Clarification.--The report submitted under subsection (a) may
not include any personally identifiable information.
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