District of Columbia Cash Bail Reform Act of 2025

Before we dive into things here, I want to note that I had a lot of difficulty understanding this bill. I think I figured it out, but also want to stress that I am not an attorney nor a lawmaker. If you notice any misunderstandings or misinterpretations of this bill or the DC Code it refers to, please let me know ASAP via Bluesky.

What is this bill?

• HR 5214, sponsored by Elise Stefanik (R-NY-21)

The District of Columbia Cash Bail Reform Act of 2025 is another bill in a long line aimed at amending & repealing laws passed by the DC City Council. This bill would amend four parts of the Code of the District of Columbia pertaining to the use of cash bail.

These proposed amendments would:

• Remove sections of the DC Code that require judges to only issue bond as a way to guarantee court appearance and not as avenue to protect the public.

• Expand bail not being an option for people charged with murder and attempted murder to now include charges that fall under “a crime of violence or dangerous crime.” These crimes include:

  • Crime of Violence

    • Aggravated assault, terrorism, arson, felony assault on a police officer, assault with a dangerous weapon, assault with intent to kill, first degree sexual abuse, second degree sexual abuse, third degree sexual abuse, child sexual abuse, assault with significant bodily injury, assault with intent to commit any other offense, first degree burglary, first degree attempted burglary, burglary with a dangerous weapon, carjacking, armed carjacking, first degree cruelty to children, extortion or blackmail accompanied by threats of violence; gang recruitment, participation, or retention by force, coercion, or intimidation; kidnapping, malicious disfigurement, manslaughter, making or owning a weapon of mass destruction, mayhem, first degree robbery, first degree attempted robbery, robbery with a dangerous weapon, certain misdemeanor sexual abuses, strangulation, giving away or using a weapon of mass destruction, or attempting, soliciting, or forming a conspiracy to do any of the above.

  • Dangerous Crime

    • Felony weapon or gun crimes, felony prostitution or pandering (requires 2 or more prior convictions), felony drug crimes, human trafficking, & felony fleeing an officer in a car

• Require that people charged with a “public safety or order crime” can only use a secured appearance bond. This differs from cash bail in that instead of paying all cash up front, a small cash deposit is given & the rest of bail is covered by personal property as collateral. In this instance, if the charged person does not appear in court, then they lose their collateral.

  • Public safety or order crimes include:

    • Failure to appear in court, obstruction of justice, fleeing from a cop on foot, rioting, inciting a riot. destruction of property, stalking, & lesser burglary and robbery charges.

• Also want to note that these crime categories existed in the DC Code and the bill did not add any crimes to the already existing lists. The main edits involve expanding certain crimes and specifying degrees (i.e. burglary in the first degree from simply burglary)

What makes this bill fascist?

Just to get it done with, bills aimed at increasing police power and increasing incarceration is, very clearly, fascist in nature.

Now, the fight over cash bail is one that has existed long before Donald Trump’s brand of fascism rose to prominence. But just because it is older than Trumpism doesn’t meant that it isn’t fascist. For further reading on the subject, I’d highly recommend reading “What Does Cash Bail Mean for Black People in D.C.? Everything, and Nothing If You’re Rich” by Dr. Stacey Patton. Using Ur-Fascism as a basis, Patton’s article supports the ‘cult of action for action’s sake’ as well as the rampant racism needed for a fascist society to create a group of people to punish.

I would also note that the requirement of a secured appearance bond for crimes often associated with trumped up protest charges, really seems to be a direct attack against community bail funds. Since these funds deal directly in cash, the requirement to put up physical collateral would be a nearly impossible feat for most funds.

Which Dems voted for this?

The vote for this bill may come as early as today or as late as Thursday. I think it’s safe to assume around 20 to 40 tough-on-crime House Democrats will vote yea. As for the Senate, I wouldn’t be surprised to see this bill pass cloture.