H.R. 5214 — District of Columbia Cash Bail Reform Act of 2025

This section requires mandatory pretrial detention under D.C. Code §23-1322 for any person charged with a crime of violence or dangerous crime (as defined in D.C. Code §23-1331) and eliminates prior exceptions to such detention. It further requires mandatory post-conviction detention under D.C. Code §23-1325 for any person convicted of a crime of violence or dangerous crime and removes murder offenses from that section's pretrial release procedures. The section narrows the definitions of dangerous crime and crime of violence in D.C. Code §23-1331(3) and (4) by limiting covered burglaries to burglary in the first degree, attempted burglary in the first degree, or burglary with a dangerous weapon (previously, burglary or attempted burglary) and covered robberies to robbery in the first degree, attempted robbery in the first degree, or robbery with a dangerous weapon (previously, robbery or attempted robbery). It makes conforming amendments to §23-1322 by (1) removing references to crimes of violence and dangerous crimes from pretrial release considerations, (2) revising the rebuttable presumption of detention in subsection (c), and (3) striking related provisions.

This section requires pretrial release in the District of Columbia only upon execution of a secured appearance bond (i.e., cash bail or bond with solvent sureties reasonably necessary to ensure appearance) for persons charged with a public safety or order crime, defined in new D.C. Code §23-1331(7) to include failure to appear; obstruction of justice; fleeing from a law enforcement officer; rioting; inciting a riot; destruction of property; stalking; burglary or robbery (other than first-degree or with a dangerous weapon); or prior conviction of any such offense under D.C., federal, state, or local law. (1) It clarifies that general release provisions apply only to offenses other than crimes of violence or dangerous crimes; (2) adjusts pretrial conditions from mandatory ("shall") to permissive ("may") and deletes certain restrictions on conditions; and (3) adds procedures allowing a surety to arrest a released person for nonappearance, with prompt delivery to a U.S. marshal for a judicial officer to determine revocation under D.C. Code §23-1322 and potential absolution of the surety per Federal Rule of Criminal Procedure 46. (As background, D.C. pretrial release law generally presumes release on personal recognizance or unsecured bond absent a crime of violence.)

This section specifies that the Act and its amendments apply to individuals charged with an offense in the District of Columbia on or after 30 days after the date of enactment.