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 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 23–1322 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 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 (other than burglary in the first degree or burglary with a dangerous weapon); robbery 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 insert 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) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and (C) in paragraph (4), as so redesignated, by striking additional or different conditions and inserting any additional or different condition described under this subsection.

(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 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 23–1322 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 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) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and (C) in paragraph (4), as so redesignated, by striking additional or different conditions and inserting any additional or different condition described under this subsection.