HR5213-119

What This Bill Does

This bill amends the Omnibus Crime Control and Safe Streets Act grant conditions. Beginning with the first fiscal year after enactment, the Attorney General may not award, renew, or extend a covered grant to a state or unit of local government that has a policy or law substantially limiting cash bail as a potential condition for every person charged with a covered offense.

Covered offenses are crimes that pose a clear threat to public safety and order. The bill names violent or sexual acts such as murder, rape, sexual assault, carjacking, robbery, burglary, and assault. It also includes public-disorder offenses such as looting, vandalism, destruction of property, rioting or inciting to riot, and fleeing from law enforcement. Unlike the Cashless Bail Reporting Act, this bill attaches a grant ineligibility consequence to covered cashless-bail policies.

Who Benefits and How

Public safety advocates benefit because the bill uses federal grant leverage against local cashless-bail policies for covered offenses. Crime victims and victim-rights groups benefit if the threat of losing grants pushes jurisdictions toward stricter bail conditions. Prosecutors and law enforcement agencies benefit if cash bail remains available as a pretrial condition for covered offenses. Jurisdictions that retain cash bail benefit by preserving eligibility for covered grants. Members of Congress seeking bail-policy oversight benefit from a clear federal funding condition.

Who Bears the Burden and How

States with broad cashless-bail laws risk losing covered public-safety grants. Local governments that substantially limit cash bail for covered offenses face grant ineligibility. DOJ grant administrators must determine which jurisdictions are disqualified and apply the funding bar. Courts and pretrial services offices in affected jurisdictions may face pressure to change release policies. Bail reform advocates bear a policy burden because the bill uses federal funding to discourage cashless-bail systems. Defendants charged with covered offenses may face more frequent cash bail conditions.

Key Provisions

• Amends Omnibus Crime Control and Safe Streets Act grant conditions.
• Prohibits covered grants to states or local governments with broad cashless-bail limits for covered offenses.
• Defines covered offenses by violent, sexual, and public-disorder examples.
• Applies the funding bar beginning with the first fiscal year after enactment.
• Preserves grant eligibility for jurisdictions that do not substantially limit cash bail for covered offenses.