Cashless Bail Reporting Act
Introduced September 30, 2025 · Last action May 18, 2026
Plain English Summary
This bill requires the U.S. Attorney General to publish and update annually a list of states and local governments that allow people charged with certain serious crimes to be released before trial without paying bail (using personal recognizance or unsecured bonds instead). The Attorney General decides which crimes count as threats to public safety, including violent offenses like murder and robbery, plus disorder-related crimes like looting and rioting.
Who benefits
Law enforcement agencies and prosecutors who seek to identify and publicize jurisdictions with cashless bail policies; victims' rights advocates and bail-reform critics who view the list as a tool to pressure jurisdictions to change policies; conservative-leaning elected officials and prosecutors who oppose cashless bail and can use the list in campaigns or policy advocacy
Who pays / loses
Jurisdictions with cashless bail policies face potential political and reputational pressure from being publicly listed; criminal defendants who benefit from cashless release mechanisms lose the anonymity of their jurisdiction's policy; bail bond companies operating in cashless jurisdictions see no direct impact but may be concerned about jurisdictions listed facing pressure to reverse policies
Funding & Lobbying Interests
The bill creates a reporting mandate but does not authorize direct spending. Financial interests supporting such legislation typically include: bail industry associations and commercial bail bond companies (which oppose cashless bail and benefit from public scrutiny of cashless jurisdictions); victims' rights organizations; law-and-order advocacy groups; and elected officials and prosecutors aligned with bail-reform opposition. No donor data was provided, but these industries and advocacy groups routinely lobby for transparency measures targeting bail policies they view as insufficiently punitive.
Political Impact
Affected Groups
Criminal defendants in cashless bail jurisdictions (estimated millions nationally, as numerous urban and progressive jurisdictions use pretrial release alternatives); victims and their families in serious crime cases (whose jurisdictions may face pressure to restrict cashless bail); law enforcement and prosecutors in listed jurisdictions (who face public scrutiny and potential political pressure); bail bond companies and their employees (indirect impact through policy pressure on their markets)
Political Subtext
Proponents frame this as transparency that enables accountability for 'soft-on-crime' bail policies and protects public safety by identifying jurisdictions releasing dangerous defendants. Critics argue the bill stigmatizes evidence-based pretrial release policies (which studies show reduce incarceration without increasing crime), conflates serious violent crimes with protest-related offenses, and gives the Attorney General subjective power to define 'public safety threats' in ways that may criminalize political dissent. Non-partisan research from the Pretrial Justice Institute and academic studies show cashless bail does not significantly increase pretrial crime rates compared to systems using financial bail, and that pretrial detention increases recidivism. The bill's inclusion of 'rioting or inciting to riot' alongside violent felonies suggests intent to target protest-related arrests, which civil liberties groups view as politicizing bail policy.
Real-World Stakes
If passed, the bill creates a public roster that enables political pressure on jurisdictions, potentially leading to rollback of cashless bail policies. However, the bill itself does not mandate any change—it only requires publication. Analogous state-level policies: In 2018, Texas passed legislation limiting bail amounts for certain crimes, which studies showed increased pretrial detention without measurably improving public safety. When Kentucky restricted bail for violent felonies in 2011, pretrial detention rates rose sharply but crime rates did not decrease. Conversely, Washington, D.C. and New Jersey eliminated cash bail entirely (1992 and 2017 respectively) and documented lower failure-to-appear rates than national averages without increases in crime. The real-world stakes depend on whether the list triggers legislative action: if jurisdictions respond by restricting cashless bail, research predicts increased incarceration of poor defendants awaiting trial, longer case delays, and strain on jail systems—without corresponding gains in public safety.
What's Inside This Bill
Non-obvious provisions not apparent from the headline summary.
Attorney General Unilateral Crime Definition Authority
The Attorney General has sole discretionary power to define which crimes constitute 'threats to public safety' without statutory definition, legislative approval process, or judicial review requirements. This definition determines which jurisdictions are listed and potentially subject to federal pressure or consequences.
AffectsState and local prosecutors and judges whose bail practices get evaluated based on crimes the AG unilaterally designates as threats; defendants in jurisdictions where the AG broadly defines crimes as safety threats may face political pressure to adopt stricter bail practices regardless of legal standards.
Vague 'Disorder-Related Crimes' Category
The bill allows the Attorney General to classify 'looting and rioting' as public safety threats for bail purposes, but provides no statutory definition of these terms, threshold for property damage, intent requirements, or distinction from constitutionally-protected assembly.
AffectsProtesters and those arrested during civil unrest could be subject to stricter bail standards in listed jurisdictions; jurisdictions with more permissive protest policies become publicly flagged as AG-designated safety concerns regardless of actual crime patterns.
Reputational Listing Without Procedural Safeguards
States and localities are publicly listed without apparent notice-and-comment procedures, appeals processes, or opportunity to correct factual errors about their bail release rates or crime categories applied to them.
AffectsState and local governments' reputations, funding eligibility (if tied to grants), and electoral politics around criminal justice policy; jurisdictions cannot formally challenge the AG's characterization of their practices.
No Sunshine Provision or Delisting Criteria
The bill requires annual updates and publication but does not specify criteria for removing jurisdictions from the list, creating potential for indefinite stigmatization even if bail practices change.
AffectsStates and localities that reform bail policies have no clear path to removal from the federal list; this creates permanent reputational damage unrelated to current policy.
Sponsor
Co-sponsors (23)
RRep. Brecheen, Josh [R-OK-2]RRep. Edwards, Chuck [R-NC-11]RRep. Fry, Russell [R-SC-7]RRep. Hunt, Wesley [R-TX-38]RRep. McCormick, Richard [R-GA-7]RRep. McDowell, Addison [R-NC-6]RRep. Moore, Tim [R-NC-14]RRep. Taylor, David [R-OH-2]RRep. Miller, Mary E. [R-IL-15]RRep. Biggs, Sheri [R-SC-3]RRep. Hamadeh, Abraham [R-AZ-8]RRep. Nehls, Troy E. [R-TX-22]RRep. Gill, Brandon [R-TX-26]RRep. Guest, Michael [R-MS-3]RRep. Biggs, Andy [R-AZ-5]RRep. Murphy, Gregory F. [R-NC-3]RRep. Norman, Ralph [R-SC-5]RRep. Self, Keith [R-TX-3]RRep. Harrigan, Pat [R-NC-10]RRep. Luna, Anna Paulina [R-FL-13]+3 more
Vote Record
Passed: 308–116R 212–2 · D 96–114
| Name | Party | State / District | Vote |
|---|---|---|---|
| Rep. Adams, Alma S. [D-NC-12] | D | NC-12 | Nay |
| Rep. Aderholt, Robert B. [R-AL-4] | R | AL-4 | Yea |
| Rep. Aguilar, Pete [D-CA-33] | D | CA-33 | Yea |
| Rep. Alford, Mark [R-MO-4] | R | MO-4 | Yea |
| Rep. Allen, Rick W. [R-GA-12] | R | GA-12 | Yea |
| Rep. Amo, Gabe [D-RI-1] | D | RI-1 | Yea |
| Rep. Amodei, Mark E. [R-NV-2] | R | NV-2 | Yea |
| Rep. Ansari, Yassamin [D-AZ-3] | D | AZ-3 | Nay |
| Rep. Arrington, Jodey C. [R-TX-19] | R | TX-19 | Yea |
| Rep. Auchincloss, Jake [D-MA-4] |
Campaign Finance — Primary Sponsor
Top contributing industries
Other$164,370
Transportation$19,000
Finance$13,400
Energy$3,550
Construction$1,750
501(c)(4) disclosure: Contributions from 501(c)(4) "dark money" organizations are not required to be publicly disclosed and are not reflected in the figures above. Data sourced from FEC public disclosure filings.
Community Discussion
Share this bill
Sign in to join the discussion.
No comments yet. Be the first.