H.R. 5214
119th CONGRESS 1st Session
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.
IN THE HOUSE OF REPRESENTATIVES · September 8, 2025 · Sponsor: Ms. Stefanik · Committee: Committee on Oversight and Government Reform
Table of contents
SEC. 1. Short title
- 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—
- in subsection (a), by striking
with an offenseand insertingwith an offense, other than a crime of violence or dangerous crime (as such terms are defined in section 1331 of this title),; and- Notwithstanding any other provision of this section, the judicial officer shall order each person charged with a crime of violence or a dangerous crime (as such terms are defined in section 1331 of this title) be detained for the period before trial.
- by adding at the end the following new subsection:
- in subsection (a), by striking
- Section 23–1322, District of Columbia Official Code, is amended—
- (b) Post conviction detention
- Section 23–1325, District of Columbia Official Code, is amended—
- in subsection (b), by striking and all that follows through ; and
- in subsection (c), by striking and all that follows through ; and
- This provisions of this section shall apply with respect to a person convicted of a crime of violence or a dangerous crime (as such terms are defined in section 1331 of this title).
- by adding at the end the following new subsection:
- Section 23–1325, District of Columbia Official Code, is amended—
- (c) Changes to definition of dangerous crime
- Section 23–1331(3), D.C. Official Code, is amended—
- in subparagraph (E), by striking
Burglary or attempted burglaryand insertingBurglary in the first degree, attempted burglary in the first degree, or burglary with a dangerous weapon; and - in subparagraph (G), by striking
Robbery or attempted robberyand insertingRobbery in the first degree, attempted robbery in the first degree, or robbery with a dangerous weapon.
- in subparagraph (E), by striking
- 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—
- by striking
burglaryand inserting ’; and - by striking
robberyand insertingrobbery in the first degree, attempted robbery in the first degree, or robbery with a dangerous weapon.
- by striking
- 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—
- in subsection (b)(1), by striking subparagraph (A) and redesignating subparagraphs (B) through (D) as subparagraphs (A) through (C), respectively;
- 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—
- 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;
- 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
- 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).
- 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—
- by amending subsection (c) to read as follows:
- in subsection (e)(1), by striking and all that follows through ; and
- by striking subsection (f)(3).
- in subsection (b)(1), by striking subparagraph (A) and redesignating subparagraphs (B) through (D) as subparagraphs (A) through (C), respectively;
- Section 23–1322, District of Columbia Official Code, is further amended—
- (2) Removal of murder offenses from pretrial release procedures
- Section 23–1325, District of Columbia Official Code, as amended by subsection (b), is amended by striking subsection (a) and redesignating subsections (b) through (e) as subsections (a) through (d), respectively.
- (1) Removal of crime of violence and dangerous crime from pretrial release procedures
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—
- in subsection (a)—
- in paragraph (1), by striking
Releasedand insertingExcept as provided under paragraph (5), released; - in paragraph (3), by striking and inserting a semicolon;
- in paragraph (4), by striking the period at the end and inserting ; and
- 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.
- by adding at the end the following new paragraph:
- in paragraph (1), by striking
- in subsection (b), by striking
or upon execution of an unsecured appearance bond in an amount specified by the court,and insertingupon execution of an unsecured appearance bond in an amount specified by the court, or upon a secured appearance bond under subsection (a)(5),; and- 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.
- by adding at the end the following new subsection:
- in subsection (a)—
- Section 23–1321, District of Columbia Official Code, is amended—
- (b) Definitions
- Section 23–1331, District of Columbia Official Code, is amended by adding at the end the following new paragraph:
- Section 23–1331, District of Columbia Official Code, is further amended by adding at the end the following new paragraph:
- (c) Conforming amendments
- Section 23–1321, District of Columbia Official Code, is further amended—
- in subsection (a), by striking
with an offenseand all that follows through and insertingshall issue; and - in subsection (c)—
- in paragraph (1)—
- (i) by striking
shalland insertingmay; and - (ii) in subparagraph (B), by striking
Least restrictive furtherand insertingFurther;
- (i) by striking
- by striking paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and
- in paragraph (4), as so redesignated, by striking
additional or different conditionsand insertingany additional or different condition described under this subsection.
- in paragraph (1)—
- in subsection (a), by striking
- Section 23–1321, District of Columbia Official Code, is further amended—
SEC. 4. Applicability
- 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.