Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB234 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	II
2	2	119THCONGRESS
3	3	1
4	4	STSESSION S. 234
5	5	To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
6	6	direct certain prosecutor’s offices to annually report to the Attorney
7	7	General, and for other purposes.
8	8	IN THE SENATE OF THE UNITED STATES
9	9	JANUARY23, 2025
10	10	Mr. K
11	11	ENNEDY(for himself and Mr. CRUZ) introduced the following bill; which
12	12	was read twice and referred to the Committee on the Judiciary
13	13	A BILL
14	14	To amend the Omnibus Crime Control and Safe Streets
15	15	Act of 1968 to direct certain prosecutor’s offices to annu-
16	16	ally report to the Attorney General, and for other pur-
17	17	poses.
18	18	Be it enacted by the Senate and House of Representa-1
19	19	tives of the United States of America in Congress assembled, 2
20	20	SECTION 1. SHORT TITLE. 3
21	21	This Act may be cited as the ‘‘Prosecutors Need to 4
22	22	Prosecute Act of 2025’’. 5
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26	26	SEC. 2. DISTRICT ATTORNEY AND PROSECUTOR REPORTS. 1
27	27	Section 501 of title I of the Omnibus Crime Control 2
28	28	and Safe Streets Act of 1968 (34 U.S.C. 10151) is amend-3
29	29	ed— 4
30	30	(1) by redesignating subsections (g) and (h) as 5
31	31	subsections (h) and (i), respectively; and 6
32	32	(2) by inserting after subsection (f) the fol-7
33	33	lowing: 8
34	34	‘‘(f) D
35	35	ISTRICTATTORNEYREPORTINGREQUIRE-9
36	36	MENTS.— 10
37	37	‘‘(1) D
38	38	EFINITIONS.—In this subsection: 11
39	39	‘‘(A) C
40	40	OVERED OFFENSE.—The term ‘cov-12
41	41	ered offense’ means any of the following: 13
42	42	‘‘(i) Murder or non-negligent man-14
43	43	slaughter. 15
44	44	‘‘(ii) Forcible rape. 16
45	45	‘‘(iii) Robbery. 17
46	46	‘‘(iv) Aggravated assault. 18
47	47	‘‘(v) Burglary. 19
48	48	‘‘(vi) Larceny. 20
49	49	‘‘(vii) Motor vehicle theft. 21
50	50	‘‘(viii) Arson. 22
51	51	‘‘(ix) Any offense involving the illegal 23
52	52	use of a firearm. 24
53	53	‘‘(x) Any offense involving the illegal 25
54	54	possession of a firearm. 26
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58	58	‘‘(B) COVERED PROSECUTOR .—The term 1
59	59	‘covered prosecutor’ means the chief executive 2
60	60	of a district attorney or prosecutor’s office that 3
61	61	serves a local government— 4
62	62	‘‘(i) the population of the jurisdiction 5
63	63	of which is not less than 360,000 individ-6
64	64	uals; and 7
65	65	‘‘(ii) that receives funds under this 8
66	66	part. 9
67	67	‘‘(2) R
68	68	EPORTING REQUIREMENT .—Not later 10
69	69	than 1 year after the date of enactment of the Pros-11
70	70	ecutors Need to Prosecute Act of 2025, and annu-12
71	71	ally thereafter, a covered prosecutor shall submit to 13
72	72	the Attorney General a report that contains, for the 14
73	73	previous fiscal year, the following: 15
74	74	‘‘(A) The total number of cases referred to 16
75	75	the covered prosecutor for prosecution of a cov-17
76	76	ered offense. 18
77	77	‘‘(B) The number of cases involving a cov-19
78	78	ered offense— 20
79	79	‘‘(i) that the covered prosecutor de-21
80	80	clined to prosecute or refer for diversion; 22
81	81	or 23
82	82	‘‘(ii) for which the covered prosecutor 24
83	83	declined to reach a plea agreement. 25
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87	87	‘‘(C) For cases involving a covered offense 1
88	88	that result in a plea agreement or referral for 2
89	89	diversion reached with the defendant, the num-3
90	90	ber of cases for which the defendant— 4
91	91	‘‘(i) was previously arrested for a cov-5
92	92	ered offense arising out of a separate con-6
93	93	viction; 7
94	94	‘‘(ii) was previously convicted for a 8
95	95	covered offense arising out of a separate 9
96	96	conviction; 10
97	97	‘‘(iii) is involved in an open case in-11
98	98	volving a covered offense arising out of 12
99	99	separate conduct; 13
100	100	‘‘(iv) is serving a term of probation 14
101	101	for a conviction for a covered offense aris-15
102	102	ing out of separate conduct; and 16
103	103	‘‘(v) was released on parole for a con-17
104	104	viction for a covered offense arising out of 18
105	105	separate conduct. 19
106	106	‘‘(D) The number of covered offenses that 20
107	107	the covered prosecutor does not prosecute as a 21
108	108	result of an internal policy against prosecuting 22
109	109	specific criminal offenses, including— 23
110	110	‘‘(i) each covered offense captured in 24
111	111	the internal policy; and 25
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115	115	‘‘(ii) each criminal offense that is not 1
116	116	captured in the internal policy. 2
117	117	‘‘(3) C
118	118	OMPLIANCE.—With respect to a covered 3
119	119	prosecutor that complies with the requirement under 4
120	120	paragraph (2)— 5
121	121	‘‘(A) the Attorney General shall give pri-6
122	122	ority in disbursing funds under this part to the 7
123	123	local government served by the covered pros-8
124	124	ecutor; and 9
125	125	‘‘(B) the local government described in 10
126	126	subparagraph (A) shall ensure that the covered 11
127	127	prosecutor receives a portion of the funds re-12
128	128	ceived under this part. 13
129	129	‘‘(4) U
130	130	NIFORM STANDARDS .—The Attorney 14
131	131	General shall establish uniform standards for the re-15
132	132	porting of the information required under this sub-16
133	133	section, including the form such reports shall take 17
134	134	and the process by which such reports shall be 18
135	135	shared with the Attorney General. 19
136	136	‘‘(5) S
137	137	UBMISSION TO JUDICIARY COMMIT -20
138	138	TEES.—The Attorney General shall— 21
139	139	‘‘(A) submit the information received 22
140	140	under this subsection to the Committee on the 23
141	141	Judiciary of the Senate and the Committee on 24
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145	145	the Judiciary of the House of Representatives; 1
146	146	and 2
147	147	‘‘(B) publish such information on a pub-3
148	148	licly viewable website.’’. 4
149	149	SEC. 3. BYRNE-JAG FUNDS AND ELIMINATION OF CASH 5
150	150	BAIL. 6
151	151	The Attorney General shall not distribute amounts 7
152	152	under subpart I of part E of title 1 of the Omnibus Crime 8
153	153	Control and Safe Streets Act of 1968 (34 U.S.C. 10151 9
154	154	et seq.) to a State or local government that has in effect 10
155	155	a policy that prohibits the use of cash bail for a defendant 11
156	156	in a case involving the illegal use or illegal possession of 12
157	157	a firearm. 13
158	158	Æ
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