No Federal Funds for Cashless Bail Act
- Bill Number
- H.R. 5213
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2026-05-04: Placed on the Union Calendar, Calendar No. 554.
- Last Updated
- 2026-07-09T20:19:50Z
AI-Generated Summary
Purpose
The No Federal Funds for Cashless Bail Act (H.R. 5213) aims to prevent states or local governments from receiving certain federal criminal justice grants if they have policies or laws that significantly restrict the use of cash bail (money paid to secure release from jail before trial) for people charged with serious crimes threatening public safety.
Key Provisions
- Defines "covered offense": Serious crimes that pose a "clear threat to public safety and order," including:
- Violent or sexual acts like murder, rape, sexual assault, carjacking, robbery, burglary, and assault.
- Acts promoting public disorder like looting, vandalism, property destruction, rioting or inciting riots, or fleeing from police.
- Grant prohibition: Starting in the first fiscal year after enactment (and every year after), the U.S. Attorney General cannot award, renew, or extend Edward Byrne Memorial Justice Assistance Grants (federal funds for state and local law enforcement and justice programs) to any state or local government with a policy or law that "substantially limits cash bail" as an option for every person charged with a covered offense.
Significant Changes to Existing Law
- Amends Section 502 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10153) by:
- Adding a new subsection (c) on ineligibility for grants based on bail policies.
- Making minor formatting changes to existing text (e.g., redesignating paragraphs).
Potential Impacts
- Government agencies: The Department of Justice (via the Attorney General) loses discretion to fund non-compliant states or localities, potentially redirecting millions in grants elsewhere and straining local justice budgets.
- Citizens: Could lead to more pre-trial detention for serious offenders in grant-eligible areas, aiming to enhance public safety but possibly increasing jail populations and costs for defendants unable to post bail.
- No notable international relations impacts.
Main Stakeholders Affected
- States and units of local government: Primary recipients of Byrne grants; risk losing funding if they adopt or maintain "cashless bail" reforms for covered offenses.
- U.S. Department of Justice/Attorney General: Responsible for enforcing the grant restrictions.
- Law enforcement agencies: Rely on grants for equipment, training, and programs; may benefit indirectly from retained cash bail policies.
- Defendants charged with covered offenses: Face potential limits on release without cash bail in compliant jurisdictions.
- Public safety advocates and victims: Could see stronger deterrence for repeat offenders.
Notable Legal, Constitutional, or Political Implications
- Legal: Introduces a funding condition tied to state criminal justice practices, which could lead to lawsuits over grant denials or compliance requirements.
- Constitutional: May raise federalism concerns (under the 10th Amendment, which reserves powers to states), as it influences state bail systems traditionally under local control; no direct challenge to due process or equal protection noted in the text.
- Political: Reported out of committee with amendments; reflects debate over bail reform, positioning federal funding as leverage for traditional cash bail in high-risk cases.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Stefanik, Elise M. [R-NY-21]
Cosponsors (3)
Rep. James, John [R-MI-10], Rep. Moore, Tim [R-NC-14], Rep. Nehls, Troy E. [R-TX-22]
Recent Actions
- 2026-05-04: Placed on the Union Calendar, Calendar No. 554.
- 2026-05-04: Reported (Amended) by the Committee on Judiciary. H. Rept. 119-637.
- 2026-05-04: Reported (Amended) by the Committee on Judiciary. H. Rept. 119-637.
- 2026-01-08: Ordered to be Reported (Amended) by the Yeas and Nays: 20 - 10.
- 2026-01-08: Committee Consideration and Mark-up Session Held
- 2025-09-08: Referred to the House Committee on the Judiciary.
- 2025-09-08: Introduced in House
- 2025-09-08: Introduced in House
Bill Versions
- Keep Violent Criminals Off Our Streets Act — issued 2025-09-08 — PDF (3 pages)
- No Federal Funds for Cashless Bail Act — issued 2026-05-04 — PDF (6 pages)