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This bill would require certain large local prosecutor offices that receive federal justice money to send yearly reports to the Attorney General about how they handle serious crimes, including violent crimes and firearm offenses. The reports would show how many cases were referred, how many were declined, how many were offered diversion or plea deals, and whether defendants had past or open cases, probation, or parole tied to similar offenses. The bill also says the Attorney General must create standard reporting rules and share the information with Congress and the public. In addition, the bill would give funding priority to offices that comply, while blocking some federal grant money to states or local governments that ban cash bail in firearm-related cases.
- It applies to prosecutor offices serving jurisdictions with at least 360,000 people that already receive certain federal funds.
- Covered crimes include murder, rape, robbery, aggravated assault, burglary, larceny, motor vehicle theft, arson, and illegal use or possession of a firearm.
- Each year, these offices would have to report how many cases they received, how many they chose not to prosecute, and how many ended in plea deals or diversion programs.
- The bill would also require reports on internal policies that refuse to prosecute certain offenses, and it would direct the Attorney General to send the information to Congress and post it online.
It would also make federal grant money unavailable to any state or local government that has a rule banning cash bail for cases involving illegal firearm use or possession.
Official Summaries
Prosecutors Need to Prosecute Act of 2025
This bill requires certain state and local prosecutors to report data on criminal referrals and outcomes of cases involving murder or non-negligent manslaughter, forcible rape, robbery, aggravated assault, burglary, larceny, motor vehicle theft, arson, or any offense involving the illegal use or possession of a firearm.
The reporting requirement applies to state and local prosecutors in a jurisdiction that has 360,000 or more persons and receives funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) program. The report must contain data on
- cases referred for prosecution,
- cases the prosecutor declined to prosecute or refer for diversion,
- cases for which the prosecutor declined to reach a plea agreement,
- cases that resulted in a plea agreement or referral for diversion, and
- offenses the prosecutor did not prosecute due to an internal policy.
If a state or local prosecutor complies with these requirements, the bill requires (1) the Department of Justice to give priority in disbursing Byrne JAG program funds to the local government served by the prosecutor, and (2) the local government to ensure that the prosecutor receives a portion of the funds.
Additionally, the bill prohibits states and local governments from receiving funds under the Byrne JAG program if they have in effect a policy that prohibits the use of cash bail for a defendant in a case involving the illegal use or illegal possession of a firearm.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 234 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 234
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
direct certain prosecutor's offices to annually report to the Attorney
General, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 23, 2025
Mr. Kennedy (for himself and Mr. Cruz) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
direct certain prosecutor's offices to annually report to the Attorney
General, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prosecutors Need to Prosecute Act of
2025''.
SEC. 2. DISTRICT ATTORNEY AND PROSECUTOR REPORTS.
Section 501 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10151) is amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following:
``(f) District Attorney Reporting Requirements.--
``(1) Definitions.--In this subsection:
``(A) Covered offense.--The term `covered offense'
means any of the following:
``(i) Murder or non-negligent manslaughter.
``(ii) Forcible rape.
``(iii) Robbery.
``(iv) Aggravated assault.
``(v) Burglary.
``(vi) Larceny.
``(vii) Motor vehicle theft.
``(viii) Arson.
``(ix) Any offense involving the illegal
use of a firearm.
``(x) Any offense involving the illegal
possession of a firearm.
``(B) Covered prosecutor.--The term `covered
prosecutor' means the chief executive of a district
attorney or prosecutor's office that serves a local
government--
``(i) the population of the jurisdiction of
which is not less than 360,000 individuals; and
``(ii) that receives funds under this part.
``(2) Reporting requirement.--Not later than 1 year after
the date of enactment of the Prosecutors Need to Prosecute Act
of 2025, and annually thereafter, a covered prosecutor shall
submit to the Attorney General a report that contains, for the
previous fiscal year, the following:
``(A) The total number of cases referred to the
covered prosecutor for prosecution of a covered
offense.
``(B) The number of cases involving a covered
offense--
``(i) that the covered prosecutor declined
to prosecute or refer for diversion; or
``(ii) for which the covered prosecutor
declined to reach a plea agreement.
``(C) For cases involving a covered offense that
result in a plea agreement or referral for diversion
reached with the defendant, the number of cases for
which the defendant--
``(i) was previously arrested for a covered
offense arising out of a separate conviction;
``(ii) was previously convicted for a
covered offense arising out of a separate
conviction;
``(iii) is involved in an open case
involving a covered offense arising out of
separate conduct;
``(iv) is serving a term of probation for a
conviction for a covered offense arising out of
separate conduct; and
``(v) was released on parole for a
conviction for a covered offense arising out of
separate conduct.
``(D) The number of covered offenses that the
covered prosecutor does not prosecute as a result of an
internal policy against prosecuting specific criminal
offenses, including--
``(i) each covered offense captured in the
internal policy; and
``(ii) each criminal offense that is not
captured in the internal policy.
``(3) Compliance.--With respect to a covered prosecutor
that complies with the requirement under paragraph (2)--
``(A) the Attorney General shall give priority in
disbursing funds under this part to the local
government served by the covered prosecutor; and
``(B) the local government described in
subparagraph (A) shall ensure that the covered
prosecutor receives a portion of the funds received
under this part.
``(4) Uniform standards.--The Attorney General shall
establish uniform standards for the reporting of the
information required under this subsection, including the form
such reports shall take and the process by which such reports
shall be shared with the Attorney General.
``(5) Submission to judiciary committees.--The Attorney
General shall--
``(A) submit the information received under this
subsection to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House
of Representatives; and
``(B) publish such information on a publicly
viewable website.''.
SEC. 3. BYRNE-JAG FUNDS AND ELIMINATION OF CASH BAIL.
The Attorney General shall not distribute amounts under subpart I
of part E of title 1 of the Omnibus Crime Control and Safe Streets Act
of 1968 (34 U.S.C. 10151 et seq.) to a State or local government that
has in effect a policy that prohibits the use of cash bail for a
defendant in a case involving the illegal use or illegal possession of
a firearm.
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