119-s234

[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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