PolicyBrief
H.R. 194
119th CongressJan 3rd 2025
Venue Named Under Exception Act
IN COMMITTEE

The VENUE Act amends Title 18 of the U.S. Code to require that charges for offenses on federal property in the National Capital Region be filed in the district of the offender's last known residence, with provisions for transfer requests and exclusions for certain offenses and defendants.

Keith Self
R

Keith Self

Representative

TX-3

LEGISLATION

New 'VENUE Act' Sets Rules for Where Federal Property Crime Charges are Filed in National Capital Region

The "Venue Named Under Exception Act," or "VENUE Act," changes where criminal charges are filed for offenses committed on federal property within the National Capital Region (NCR). Instead of automatically defaulting to D.C., the bill generally requires charges to be filed in the judicial district of the offender's last known residence. This could mean a big shift for people who live outside of D.C. but are accused of committing crimes on federal land within the NCR.

Where Cases Get Filed

The core of the VENUE Act is about where legal proceedings take place. Section 2 adds a new section (3245) to Title 18 of the U.S. Code, Chapter 211, laying out the rules. If you're charged with a crime on federal property in the NCR, the charges will now typically be filed in the federal court district where you last lived. If your residence is unknown, the charges can be filed in the District of Columbia. For example, if someone living in Fairfax County, Virginia, is accused of a crime on the National Mall (federal property), the charges would likely be filed in a Virginia federal court, not D.C.

Defendant's Choice

The bill also gives defendants some control. Under the new Section 3245, a defendant can request to have their case transferred to the federal court district where they reside. If multiple defendants are involved, the first request for a transfer is the one that gets granted. However, if you don't live in the U.S., you can't request a transfer. This could mean less travel and potentially lower legal costs for defendants who live far from D.C.

Defining the Zone

The bill carefully defines the "National Capital Region." It's not just D.C.; it includes Montgomery and Prince George's Counties in Maryland; Arlington, Fairfax, Loudoun, and Prince William Counties in Virginia; and the cities of Alexandria and Falls Church, Virginia. It also includes all cities and other governmental units within those areas. "Property under the control of the Federal Government" is also defined. It's any property owned or leased by the U.S. government or its agencies, except for U.S. Postal Service property. Think national parks, federal buildings, and military installations within the NCR, but not your local post office.

What It Doesn't Cover

The VENUE Act specifically doesn't apply to offenses already covered by other sections of Title 18 (sections 3235, 3236, 3237, 3238, 3239, 3241, 3242, 3243, or 3244). These sections generally deal with crimes involving mail, interstate commerce, or offenses committed outside of U.S. jurisdiction. The bill also only applies to cases where a trial hasn't already been scheduled when this section is enacted. This means it won't affect cases already underway. The act simply clarifies where charges are filed, streamlining a process that could impact both the court system and those facing charges.