Rep. Elise Stefanik introduced legislation in the House to end cashless bail in the District of Columbia and throughout the nation.
The New York Republican lawmaker’s bill was introduced Monday, with violent crime in Democratic-run big cities a top priority for the GOP and the White House.
Sen. Marsha Blackburn, Tennessee Republican, introduced companion legislation in the upper chamber.
Ms. Stefanik’s bill, called the Keep Violent Criminals Off Our Streets Act, amends the Omnibus Crime Control and Safe Streets Act of 1968 to prohibit the awarding of Edward Byrne Memorial Justice Assistance Grants to states or local governments that limit cash bail for criminal offenses that pose a clear threat to public safety and order.
This includes murder, rape, sexual assault, carjacking, robbery, burglary and assault, plus looting, vandalism, destruction of property, rioting or inciting to riot, or fleeing from a law enforcement officer.
The legislation also prohibits, beginning on Oct. 1, the attorney general from awarding, renewing or extending a grant to a state or local government that substantially limits cash bail.
Republicans say their efforts are aimed at keeping violent repeat offenders behind bars and point to examples, including:
- A schizophrenic murder suspect in Charlotte, North Carolina, who was arrested and released 14 times over the past decade.
- A homicide suspect in Rockford, Illinois, who walked free under the no-cash-bail system.
- A suspected Tren de Aragua gang member, freed without bail after an attempted murder in New York.
Last month, President Trump signed two executive orders to ensure that federal policies and resources don’t support cashless bail policies nationwide.
Democrats, however, say the push by Mr. Trump and Republicans to reverse cashless bail is wrong.
Illinois Gov. J.B. Pritzker said the president knows little about his state’s cashless bail law.
“It’s clear that the president hasn’t really read any of the background and actually what’s happened as a result of the law that has been put in place,” he said.
A spokesperson for New York Gov. Kathy Hochul called Mr. Trump’s push to withhold federal funding from states that have cashless bail “reckless.”
“New York has not eliminated cash bail. His reckless threat to withhold federal funds would only undercut law enforcement and make our communities less safe,” the statement said.
New Jersey, Illinois, New Mexico and the District of Columbia have eliminated cash bail, while New York’s 2019 bail law eliminated cash bail for most misdemeanors and nonviolent felonies, letting defendants go free on their own recognizance.
However, lawmakers in Albany amended New York’s law to allow judges more discretion in setting bail for certain offenses and repeat offenders.
A 2023 study out of Yolo County, California, found that its “Zero Bail” policy resulted in 163% more crime and 200% more violent crime compared with those who posted bail.
Although California doesn’t have a statewide no-cash bail law, some of its municipalities do, including Los Angeles, which abolished the necessity for cash bail for many nonviolent offenses.
• Kerry Picket can be reached at kpicket@washingtontimes.com.
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