[Congressional Record Volume 172, Number 9 (Tuesday, January 13, 2026)]
[Senate]
[Pages S171-S172]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4194. Mrs. BLACKBURN submitted an amendment intended to be
proposed by her to the bill H.R. 6938, making consolidated
appropriations for the fiscal year ending September 30, 2026, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of division A, add the following:
TITLE VI--PRESERVATION OF CASH BAIL
Subtitle A--States and Local Governments
SEC. 611. SHORT TITLE.
This subtitle may be cited as the ``Keep Violent Criminals
Off Our Streets Act''.
SEC. 612. PROHIBITION ON GRANTS FOR CERTAIN ENTITIES.
Section 502 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10153) is amended--
(1) in the matter designated as subsection (A), by striking
``(A) In General'' and inserting ``(a) In General''; and
(2) by adding at the end the following:
``(c) Ineligibility.--
``(1) Covered offense defined.--In this subsection, the
term `covered offense' means a criminal offense that poses a
clear threat to public safety and order, including--
``(A) an offense involving a violent or sexual act, such as
murder, rape, sexual assault, carjacking, robbery, burglary,
or assault; and
``(B) an offense that promotes public disorder, such as
looting, vandalism, destruction of property, rioting or
inciting to riot, or fleeing from a law enforcement officer.
``(2) Prohibition.--With respect to the fiscal year
beginning on the first October 1 occurring after the date of
enactment of the Keep Violent Criminals Off Our Streets Act,
and each fiscal year thereafter, the Attorney General may not
award, renew, or extend a grant under this subpart to a State
or unit of local government that has in effect a policy or
law that substantially limits cash bail as a potential
condition for every individual charged with a covered offense
in the State or the area under the jurisdiction of the unit
of local government.''.
Subtitle B--District of Columbia
SEC. 621. SHORT TITLE.
This subtitle may be cited as the ``District of Columbia
Cash Bail Reform Act of 2026''.
SEC. 622. MANDATORY PRETRIAL AND POST-CONVICTION DETENTION
FOR CRIME OF VIOLENCE OR DANGEROUS CRIME.
(a) Pretrial Detention.--Section 23-1322, District of
Columbia Official Code, is amended--
(1) in subsection (a), by striking ``with an offense'' and
inserting ``with an offense, other than a crime of violence
or dangerous crime (as such terms are defined in section 1331
of this title),''; and
(2) by adding at the end the following new subsection:
``(j) Notwithstanding any other provision of this section,
the judicial officer shall order each person charged with a
crime of violence or a dangerous crime (as such terms are
defined in section 1331 of this title) be detained for the
period before trial.''.
(b) Post-conviction Detention.--Section 23-1325, District
of Columbia Official Code, is amended--
(1) in subsection (b), by striking ``unless'' and all that
follows through ``section 23-1321'';
(2) in subsection (c), by striking ``unless'' and all that
follows through ``section 23-1321''; and
(3) by adding at the end the following new subsection:
``(e) The provisions of this section shall apply with
respect to a person convicted of a crime of violence or a
dangerous crime (as such terms are defined in section 1331 of
this title).''.
(c) Changes to Definition of Dangerous Crime.--Section 23-
1331(3), District of Columbia Official Code, is amended--
(1) in subparagraph (E), by striking ``Burglary or
attempted burglary'' and inserting ``Burglary in the first
degree, attempted burglary in the first degree, or burglary
with a dangerous weapon''; and
(2) in subparagraph (G), by striking ``Robbery or attempted
robbery'' and inserting ``Robbery in the first degree,
attempted robbery in the first degree, or robbery with a
dangerous weapon''.
(d) Changes to Definition of Crime of Violence.--Section
23-1331(4), District of Columbia Official Code, is amended--
(1) by striking ``burglary'' and inserting ``burglary in
the first degree, attempted burglary in the first degree, or
burglary with a dangerous weapon' ''; and
(2) by striking ``robbery'' and inserting ``robbery in the
first degree, attempted robbery in the first degree, or
robbery with a dangerous weapon''.
(e) Conforming Amendments.--
(1) Removal of crime of violence and dangerous crime from
pretrial release procedures.--Section 23-1322, District of
Columbia Official Code, is further amended--
(A) in subsection (b)(1)--
(i) by striking subparagraph (A); and
(ii) by redesignating subparagraphs (B) through (D) as
subparagraphs (A) through (C), respectively;
(B) by amending subsection (c) to read as follows:
``(c) Subject to rebuttal by the person, it shall be
presumed that no condition or combination of conditions of
release will reasonably assure the safety of any other person
and the community if the judicial officer finds that there is
probable cause to believe that the person--
``(1) has threatened, injured, intimidated, or attempted to
threaten, injure, or intimidate a law enforcement officer, an
officer of the court, or a prospective witness or juror in
any criminal investigation or judicial proceeding;
``(2) violated section 3 of the Act of July 8, 1932 (sec.
22-4503, D.C. Official Code), section 4(a) of such Act (sec.
22-4504(a), D.C. Official Code), or section 4(a-1) of such
Act (sec. 22-4504(a)(1), D.C. Official Code); or
``(3) violated the Firearm Control Regulations Act of 1975
(sec. 7-2501.01 et seq., D.C. Official Code) while on
probation, parole, or supervised release for committing a
dangerous crime or a crime of violence (as such terms are
defined in section 1331 of this title) and while armed with
or having readily available a firearm, imitation firearm, or
other deadly or dangerous weapon as described in section 2(a)
of the Act of July 8, 1832 (sec. 22-4502(a), D.C. Official
Code).'';
(C) in subsection (e)(1), by striking ``is a crime of'' and
all that follows through ``, or''; and
(D) in subsection (f), by striking paragraph (3).
(2) Removal of murder offenses from pretrial release
procedures.--Section 23-1325, District of Columbia Official
Code, as amended by subsection (b), is amended--
(A) by striking subsection (a); and
(B) by redesignating subsections (b) through (e) as
subsections (a) through (d), respectively.
SEC. 623. REQUIRING CASH BAIL FOR RELEASE OF INDIVIDUALS
CHARGED WITH PUBLIC SAFETY OR ORDER OFFENSES.
(a) In General.--Section 23-1321, District of Columbia
Official Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``Released'' and
inserting ``Except as provided under paragraph (5),
released'';
(B) in paragraph (3), by striking ``; or'' and inserting a
semicolon;
(C) in paragraph (4), by striking the period at the end and
inserting ``; or'' ; and
(D) by adding at the end the following new paragraph:
``(5) With respect to a person charged with a public safety
or order crime (as such term is defined in section 1331 of
this title), released only upon execution of a secured
appearance bond (as such term is defined in section 1331 of
this title) and subject to any requirement under subsections
(b) and (c) of this section as the judicial officer may
order.'';
(2) in subsection (b), by striking ``or upon execution of
an unsecured appearance bond in an amount specified by the
court,'' and inserting ``upon execution of an unsecured
appearance bond in an amount specified by the court, or upon
execution of a secured appearance bond under subsection
(a)(5),''; and
(3) by adding at the end the following new subsection:
``(f) A person who is released upon the execution of an
appearance bond with a surety, under subsection (a)(5), may
be arrested by the surety, and if so arrested, shall be
delivered promptly to a United States marshal and brought
before a judicial officer in the District of Columbia. The
judicial officer shall determine in accordance with the
provisions of this section whether to revoke the release of
the person, and may absolve the surety of responsibility to
pay all or part of the bond in accordance with the provisions
of rule 46 of the Federal Rules of Criminal Procedure. The
person so committed shall be
[[Page S172]]
held in official detention until released pursuant to this
title or any other provision of law.''.
(b) Definitions.--
(1) Public safety or order crime defined.--Section 23-1331,
District of Columbia Official Code, is amended by adding at
the end the following new paragraph:
``(7) The term `public safety or order crime' means failure
to appear when ordered to do so by a judicial officer;
obstruction of justice; fleeing from a law enforcement
officer; rioting; inciting a riot; destruction of property;
stalking; burglary or robbery (other than burglary or robbery
in the first degree or with a dangerous weapon); or a
previous conviction of any such offense, or substantially
similar offense, under Federal, State, or local law.''.
(2) Secured appearance bond defined.--Section 23-1331,
District of Columbia Official Code, is further amended by
adding at the end the following new paragraph:
``(8) The term `secured appearance bond' means an agreement
to forfeit upon failing to appear as required, the designated
property, including money, as is reasonably necessary to
assure the appearance of the person as required, and post
with the court the indicia of ownership of the property, or a
percentage of the money as the judicial officer may specify;
or a bail bond with solvent sureties in whatever amount is
reasonably necessary to assure the appearance of the person
as required.''.
(c) Conforming Amendments.--Section 23-1321, District of
Columbia Official Code, is further amended--
(1) in subsection (a), by striking ``with an offense'' and
all that follows through ``shall issue'' and inserting ``with
an offense, other than a crime of violence or dangerous crime
(as such terms are defined in section 1331 of this title),
the judicial officer shall issue''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``shall'' and inserting ``may'' ; and
(ii) in subparagraph (B), by striking ``Least restrictive
further'' and inserting ``Further'';
(B) by striking paragraph (3);
(C) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively; and
(D) in paragraph (4), as so redesignated, by striking
``additional or different conditions'' and inserting ``any
additional or different condition described under this
subsection''.
SEC. 624. APPLICABILITY.
This subtitle, and the amendments made by this subtitle,
shall apply with respect to an individual charged with an
offense in the District of Columbia on or after the date that
is 30 days after the date of the enactment of this Act.
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