United States 118th Congress Status: Died 1 R cosponsors

HR 7540 — Matthew Lawrence Perna Act of 2024

Last action — Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

In plain language

The bill aims to protect nonviolent political protesters from detention and provides remedies for malicious prosecution.

This bill introduces protections for nonviolent political protesters, ensuring they cannot be detained for related offenses and can seek compensation if wrongfully detained. It also provides for speedy trials and limits the use of national security measures against citizens.

What this means for you
  • Workers: This bill could result in fewer job-related consequences for nonviolent political protesters if they face charges.

Summary

To amend title 18, United States Code, to provide protections for nonviolent political protesters, and for other purposes.

Bill Text

Sections of law this bill changes

4 sections in 3 laws

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-124).

Release and detention pending judicial proceedings · 18 U.S.C. ch. 207 1 section
  • § 3142 Release or detention of a defendant pending trial Amends

    18 U.S.C. § 3142

    The law today

    (a) In General.— Upon the appearance before a judicial officer of a person charged with an offense, the judicial officer shall issue an order that, pending trial, the person be— (1) released on personal recognizance or upon execution of an unsecured appearance bond, under subsection (b) of this section; (2) released on a condition or combination of conditions under subsection (c) of this section; (3) temporarily detained to permit revocation of conditional release, deportation, or exclusion under subsection (d) of this section; or (4) detained under subsection (e) of this section. (b) Release on Personal Recognizance or Unsecured Appearance Bond.— The judicial officer shall order the pretrial release of the person on personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a Federal, State, or local crime during the period of release and subject to the condition that the person cooperate in the collection of a DNA sample from the person if the collection of such a sample is authorized pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a),1 unless the judicial officer determines that such release will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community. (c) Release on Conditions.— (1) If the judicial officer determines that the release described in subsection (b) of this section will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community, such judicial officer shall order the pretrial release of the person— (A) subject to the condition that the person not commit a Federal, State, or local crime during the period of release and subject to the condition that the person cooperate in the collection of a DNA sample from the person if the collection of such a sample is authorized pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a); 1 and (B) subject to the least restrictive further condition, or combination of conditions, that such judicial officer determines will reasonably assure the appearance of the person as required and the safety of any other person and the community, which may include the condition that the person— (i) remain in the custody of a designated person, who agrees to assume supervision and to report any violation of a release condition to the court, if the designated person is able reasonably to assure the judicial officer that the person will appear as required and will not pose a danger to the safety of any other person or the community; (ii) maintain employment, or, if unemployed, actively seek employment; (iii) maintain or commence an educational program; (iv) abide by specified restrictions on personal associations, place of abode, or travel; (v) avoid all contact with an alleged victim of the crime and with a potential witness who may testify concerning the offense; (vi) report on a regular basis to a designated law enforcement agency, pretrial services agency, or other agency; (vii) comply with a specified curfew; (viii) refrain from possessing a firearm, destructive device, or other dangerous weapon; (ix) refrain from excessive use of alcohol, or any use of a narcotic drug or other controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), without a prescription by a licensed medical practitioner; (x) undergo available medical, psychological, or psychiatric treatment, including treatment for drug or alcohol dependency, and remain in a specified institution if required for that purpose; (xi) execute an agreement to forfeit upon failing to appear as required, property of a sufficient unencumbered value, including money, as is reasonably necessary to assure the appearance of the person as required, and shall provide the court with proof of o...

    26 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Speedy trial · 18 U.S.C. ch. 208 1 section
  • § 3161 Time limits and exclusions Amends

    18 U.S.C. § 3161 — at 3161(a)

    The law today

    (a) In any case involving a defendant charged with an offense, the appropriate judicial officer, at the earliest practicable time, shall, after consultation with the counsel for the defendant and the attorney for the Government, set the case for trial on a day certain, or list it for trial on a weekly or other short-term trial calendar at a place within the judicial district, so as to assure a speedy trial. (b) Any information or indictment charging an individual with the commission of an offense shall be filed within thirty days from the date on which such individual was arrested or served with a summons in connection with such charges. If an individual has been charged with a felony in a district in which no grand jury has been in session during such thirty-day period, the period of time for filing of the indictment shall be extended an additional thirty days. (c) (1) In any case in which a plea of not guilty is entered, the trial of a defendant charged in an information or indictment with the commission of an offense shall commence within seventy days from the filing date (and making public) of the information or indictment, or from the date the defendant has appeared before a judicial officer of the court in which such charge is pending, whichever date last occurs. If a defendant consents in writing to be tried before a magistrate judge on a complaint, the trial shall commence within seventy days from the date of such consent. (2) Unless the defendant consents in writing to the contrary, the trial shall not commence less than thirty days from the date on which the defendant first appears through counsel or expressly waives counsel and elects to proceed pro se. (d) (1) If any indictment or information is dismissed upon motion of the defendant, or any charge contained in a complaint filed against an individual is dismissed or otherwise dropped, and thereafter a complaint is filed against such defendant or individual charging him with the same offense or an offense based on the same conduct or arising from the same criminal episode, or an information or indictment is filed charging such defendant with the same offense or an offense based on the same conduct or arising from the same criminal episode, the provisions of subsections (b) and (c) of this section shall be applicable with respect to such subsequent complaint, indictment, or information, as the case may be. (2) If the defendant is to be tried upon an indictment or information dismissed by a trial court and reinstated following an appeal, the trial shall commence within seventy days from the date the action occasioning the trial becomes final, except that the court retrying the case may extend the period for trial not to exceed one hundred and eighty days from the date the action occasioning the trial becomes final if the unavailability of witnesses or other factors resulting from the passage of time shall make trial within seventy days impractical. The periods of delay enumerated in section 3161(h) are excluded in computing the time limitations specified in this section. The sanctions of section 3162 apply to this subsection. (e) If the defendant is to be tried again following a declaration by the trial judge of a mistrial or following an order of such judge for a new trial, the trial shall commence within seventy days from the date the action occasioning the retrial becomes final. If the defendant is to be tried again following an appeal or a collateral attack, the trial shall commence within seventy days from the date the action occasioning the retrial becomes final, except that the court retrying the case may extend the period for retrial not to exceed one hundred and eighty days from the date the action occasioning the retrial becomes final if unavailability of witnesses or other factors resulting from passage of time shall make trial within seventy days impractical. The periods of delay enumerated in section 3161(h) are excluded in computing the time limitatio...

    5 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Tort claims procedure · 28 U.S.C. ch. 171 2 sections
  • § 2671 Definitions Amends

    28 U.S.C. § 2671

    The law today

    As used in this chapter and sections 1346(b) and 2401(b) of this title, the term “Federal agency” includes the executive departments, the judicial and legislative branches, the military departments, independent establishments of the United States, and corporations primarily acting as instrumentalities or agencies of the United States, but does not include any contractor with the United States. “Employee of the government” includes (1) officers or employees of any federal agency, members of the military or naval forces of the United States, members of the National Guard while engaged in training or duty under section 115, 316, 502, 503, 504, or 505 of title 32, and persons acting on behalf of a federal agency in an official capacity, temporarily or permanently in the service of the United States, whether with or without compensation, and (2) any officer or employee of a Federal public defender organization, except when such officer or employee performs professional services in the course of providing representation under section 3006A of title 18. “Acting within the scope of his office or employment”, in the case of a member of the military or naval forces of the United States or a member of the National Guard as defined in section 101(3) of title 32, means acting in line of duty.

    4 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 2680 Exceptions Amends

    28 U.S.C. § 2680 — at 2680(h)

    The law today

    The provisions of this chapter and section 1346(b) of this title shall not apply to— (a) Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused. (b) Any claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter. (c) Any claim arising in respect of the assessment or collection of any tax or customs duty, or the detention of any goods, merchandise, or other property by any officer of customs or excise or any other law enforcement officer, except that the provisions of this chapter and section 1346(b) of this title apply to any claim based on injury or loss of goods, merchandise, or other property, while in the possession of any officer of customs or excise or any other law enforcement officer, if— (1) the property was seized for the purpose of forfeiture under any provision of Federal law providing for the forfeiture of property other than as a sentence imposed upon conviction of a criminal offense; (2) the interest of the claimant was not forfeited; (3) the interest of the claimant was not remitted or mitigated (if the property was subject to forfeiture); and (4) the claimant was not convicted of a crime for which the interest of the claimant in the property was subject to forfeiture under a Federal criminal forfeiture law..1 (d) Any claim for which a remedy is provided by chapter 309 or 311 of title 46 relating to claims or suits in admiralty against the United States. (e) Any claim arising out of an act or omission of any employee of the Government in administering the provisions of sections 1–31 of Title 50, Appendix.2 (f) Any claim for damages caused by the imposition or establishment of a quarantine by the United States. [(g) Repealed. Sept. 26, 1950, ch. 1049, § 13 (5), 64 Stat. 1043.] (h) Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights: Provided, That, with regard to acts or omissions of investigative or law enforcement officers of the United States Government, the provisions of this chapter and section 1346(b) of this title shall apply to any claim arising, on or after the date of the enactment of this proviso, out of assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution. For the purpose of this subsection, “investigative or law enforcement officer” means any officer of the United States who is empowered by law to execute searches, to seize evidence, or to make arrests for violations of Federal law. (i) Any claim for damages caused by the fiscal operations of the Treasury or by the regulation of the monetary system. (j) Any claim arising out of the combatant activities of the military or naval forces, or the Coast Guard, during time of war. (k) Any claim arising in a foreign country. (l) Any claim arising from the activities of the Tennessee Valley Authority. (m) Any claim arising from the activities of the Panama Canal Company. (n) Any claim arising from the activities of a Federal land bank, a Federal intermediate credit bank, or a bank for cooperatives.

    9 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Also cites: 5 U.S.C. § 552

How this bill changes current law

8 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends several sections of title 18 and title 28 to provide protections and remedies for nonviolent political protesters.

  • 18 U.S.C. § 3142

    (k) No Detention for Nonviolent Political Protesters.-- (1) In general.--A person charged with a covered political protest offense, and not charged with any crime of violence (as such term is defined in section 16(a)) may not be detained under this section. (2) Covered political protest offense defined.--In this subsection, the term `covered political protest offense' means an offense-- (A) arising out of political protest activities; and (B) which is not a crime of violence (as such term is defined in section 16(a)). (l) Civil Action.--A person who is tried for a Federal offense and is not convicted, or charged with an offense and the charges are dropped, and the person was detained during the pendency of the trial or charges, may bring an action in a district court of the United States against the United States and any officer or employee of the United States seeking compensatory damages.

    This change prohibits the detention of individuals charged with nonviolent political protest offenses and allows for civil action against the government for wrongful detention.

  • 18 U.S.C. § 3161

    (including a covered political offense (as such term is defined in section 3142(k)))

    This amendment specifies that speedy trial provisions apply to cases involving nonviolent political protest offenses.

  • 28 U.S.C. § 2680

    malicious overprosecution,

    This change adds malicious overprosecution to the list of claims that can be sought against government actions.

  • 28 U.S.C. § 2671

    The term `malicious prosecution' means charging a person with an offense when the official filing such charges knows or has reason to know that there is not probable cause to believe that the person committed the offense, and because of personal or political animosity, bias, or otherwise not in the interest of justice. The term `malicious overprosecution' means malicious prosecution that involves charging a person with an offense that is grossly disproportionate to conduct alleged.

    This addition provides definitions for malicious prosecution and malicious overprosecution, establishing clearer grounds for legal actions.

  • Notwithstanding any other provision of law, a national security authority may not be used by a Government official against a citizen of the United States, unless the citizen is intentionally acting as agent of a foreign power or entity.

    This establishes a limitation on the use of national security authorities against U.S. citizens.

  • The provisions of section 552(b) of title 5, United States Code, do not apply with respect to a request made by a United States citizen that requests information about whether the United States is or was surveilling or investigating the citizen.

    This amendment enhances transparency for citizens regarding investigations against them.

  • It is the sense of Congress that in sentencing a defendant for a covered political protest offense (as such term is defined in section 3142 of title 18, United States Code), a judge should impose a sentence that is consistent with the minimum sentence provided by the guideline range applicable to the defendant.

    This indicates Congressional intent to ensure proportionate sentencing for covered political protest offenses.

  • Notwithstanding any other provision of law, in the criminal trial of any individual for the commission of a criminal offense in the District of Columbia, the individual on trial may choose venue for the proceedings and trial to be in the district court for the district and division embracing that individual's primary residence.

    This allows defendants in D.C. criminal cases to choose their trial venue, potentially benefiting those from outside the district.

Action History

  1. Introduced in House

  2. Introduced in House

  3. Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  4. Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

Show all 546 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HR 7540 do?
To amend title 18, United States Code, to provide protections for nonviolent political protesters, and for other purposes.
Who sponsors HR 7540?
HR 7540 is sponsored by Greene, Marjorie Taylor (Republican).
What is the current status of HR 7540?
This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 7540?
Track HR 7540 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HR 7540

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HR 7540

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →