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Increased Prosecutor Transparency and Restrictions on Eliminating Cash Bail for Gun Crimes.

This law mandates that prosecutors in large jurisdictions annually report detailed statistics on serious criminal cases (including murder, robbery, and firearm offenses) that were declined or diverted. Furthermore, state and local governments that eliminate cash bail for defendants charged with illegal firearm use or possession will lose access to major federal public safety grants. This aims to increase accountability regarding prosecution decisions and influence local bail reform policies.
Key points
Prosecutors in jurisdictions over 360,000 people must publicly report how many serious felony cases (e.g., assault, theft, gun crimes) they declined to prosecute or referred for diversion.
Jurisdictions that prohibit cash bail for defendants involved in illegal firearm use or possession will be cut off from receiving federal Byrne-JAG public safety funds.
Local governments whose prosecutors comply with the new reporting requirements will receive priority access to federal funding.
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Additional Information
Print number: 118_S_281
Sponsor: Sen. Kennedy, John [R-LA]
Process start date: 2023-02-07