Union Calendar No. 269
119th CONGRESS 1st Session |
[Report No. 119–315]
To require mandatory pretrial and post conviction detention for crimes of violence and dangerous crimes and require mandatory cash bail for certain offenses that pose a threat to public safety or order in the District of Columbia, and for other purposes.
September 8, 2025
Ms. Stefanik (for herself, Mr. James, and Mr. Moore of North Carolina) introduced the following bill; which was referred to the Committee on Oversight and Government Reform
September 30, 2025
Additional sponsor: Mr. Nehls
September 30, 2025
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on September 8, 2025]
To require mandatory pretrial and post conviction detention for crimes of violence and dangerous crimes and require mandatory cash bail for certain offenses that pose a threat to public safety or order in the District of Columbia, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “District of Columbia Cash Bail Reform Act of 2025”.
SEC. 2. Mandatory pretrial and post conviction detention for crime of violence or dangerous crime.
(a) Pretrial detention.—Section 23–1322, District of Columbia Official Code, is amended—
(1) in subsection (a), by striking “with an offense” and inserting “with an offense, other than a crime of violence or dangerous crime (as such terms are defined in section 1331 of this title),”; and
(c) Changes to definition of dangerous crime.—Section 23–1331(3), D.C. Official Code, is amended—
(d) Changes to definition of crime of violence.—Section 23–1331(4), D.C. Official Code, is amended—
(e) Conforming amendments.—
(1) REMOVAL OF CRIME OF VIOLENCE AND DANGEROUS CRIME FROM PRETRIAL RELEASE PROCEDURES.—Section 23–1322, District of Columbia Official Code, is further amended—
(A) in subsection (b)(1), by striking subparagraph (A) and redesignating subparagraphs (B) through (D) as subparagraphs (A) through (C), respectively;
(B) by amending subsection (c) to read as follows:
“(c) Subject to rebuttal by the person, it shall be presumed that no condition or combination of conditions of release will reasonably assure the safety of any other person and the community if the judicial officer finds that there is probable cause to believe that the person—
“(1) has threatened, injured, intimidated, or attempted to threaten, injure, or intimidate a law enforcement officer, an officer of the court, or a prospective witness or juror in any criminal investigation or judicial proceeding;
“(2) violated section 3 of the Act of July 8, 1932 (sec. 22–4503, D.C. Official Code), section 4(a) of such Act (sec. 22–4504(a), D.C. Official Code), or section 4(a-1) of such Act (sec. 22–4504(a)(1), D.C. Official Code); or
“(3) violated the Firearm Control Regulations Act of 1975 (sec. 7–2508.01 et seq., D.C. Official Code) while on probation, parole, or supervised release for committing a dangerous crime or a crime of violence (as such terms are defined in section 1331 of this title) and while armed with or having readily available a firearm, imitation firearm, or other deadly or dangerous weapon as described in section 2(a) of the Act of July 8, 1832 (sec. 22–4502(a), D.C. Official Code).”;
SEC. 3. Requiring cash bail for release of individuals charged with public safety or order offenses.
(a) In general.—Section 23–1321, District of Columbia Official Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking “Released” and inserting “Except as provided under paragraph (5), released”;
(D) by adding at the end the following new paragraph:
“(5) With respect to a person charged with a public safety or order crime (as such term is defined in section 1331 of this title), released only upon execution of a secured appearance bond (as such term is defined in section 1331 of this title) and subject to any requirement under subsections (b) and (c) of this section as the judicial officer may order.”;
(2) in subsection (b), by striking “or upon execution of an unsecured appearance bond in an amount specified by the court,” and inserting “upon execution of an unsecured appearance bond in an amount specified by the court, or upon a secured appearance bond under subsection (a)(5),”; and
(3) by adding at the end the following new subsection:
“(f) A person who is released upon the execution of an appearance bond with a surety, under subsection (a)(5), may be arrested by the surety, and if so arrested, shall be delivered promptly to a United States marshal and brought before a judicial officer in the District of Columbia. The judicial officer shall determine in accordance with the provisions of this section 23–1322 whether to revoke the release of the person, and may absolve the surety of responsibility to pay all or part of the bond in accordance with the provisions of Rule 46 of the Federal Rules of Criminal Procedure. The person so committed shall be held in official detention until released pursuant to this title or any other provision of law.”.
(b) Definitions.—
(1) PUBLIC SAFETY OR ORDER CRIME DEFINED.—Section 23–1331, District of Columbia Official Code, is amended by adding at the end the following new paragraph:
“(7) The term ‘public safety or order crime’ means failure to appear when ordered to do so by a judicial officer; obstruction of justice; fleeing from a law enforcement officer; rioting; inciting a riot; destruction of property; stalking; burglary or robbery (other than burglary or robbery in the first degree or with a dangerous weapon); or a previous conviction of any such offense, or substantially similar offense, under Federal, State, or local law.”.
(2) SECURED APPEARANCE BOND DEFINED.—Section 23–1331, District of Columbia Official Code, is further amended by adding at the end the following new paragraph:
“(8) The term ‘secured appearance bond’ means an agreement to forfeit upon failing to appear as required, the designated property, including money, as is reasonably necessary to assure the appearance of the person as required, and post with the court the indicia of ownership of the property, or a percentage of the money as the judicial officer may specify; or a bail bond with solvent sureties in whatever amount is reasonably necessary to assure the appearance of the person as required.”.
(c) Conforming amendments.—Section 23–1321, District of Columbia Official Code, is further amended—
(1) in subsection (a), by striking “with an offense” and all that follows through “shall issue” and inserting “with an offense, other than a crime of violence or dangerous crime (as such terms are defined in section 1331 of this title), the judicial officer shall issue”; and
This Act, and the amendments made by this Act, shall apply with respect to an individual charged with an offense in the District of Columbia on or after the date that is 30 days after the date of the enactment of this Act.
Union Calendar No. 269 | |||||
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[Report No. 119–315] | |||||
A BILL | |||||
To require mandatory pretrial and post conviction detention for crimes of violence and dangerous crimes and require mandatory cash bail for certain offenses that pose a threat to public safety or order in the District of Columbia, and for other purposes. | |||||
September 30, 2025 | |||||
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed |