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S 234119th CongressIn Committee

Prosecutors Need to Prosecute Act of 2025

Introduced: Jan 23, 2025
Standard Summary
Comprehensive overview in 1-2 paragraphs

The Prosecutors Need to Prosecute Act of 2025 would require large-city district attorney or prosecutor offices that receive Byrne-JAG funds to annually report to the Attorney General on prosecutorial activity related to a defined set of serious offenses. The bill defines who counts as a “covered prosecutor,” what counts as a “covered offense,” and then mandates a yearly report including case referrals, decisions to prosecute or offer diversions, plea outcomes, and details about defendants with prior or open cases or current probation/parole status. It also requires disclosure of internal policies that exclude certain offenses from prosecution. The Attorney General would standardize reporting, publish the data publicly, and share it with congressional judiciary committees. If a covered prosecutor complies, federal funds would be prioritized to the local government they serve. The bill also conditions Byrne-JAG funding on not having cash-bail prohibitions for cases involving illegal firearm use or possession, effectively penalizing jurisdictions that ban cash bail in those cases.

Key Points

  • 1Creates a new District Attorney Reporting Requirement for large jurisdictions (covered prosecutors) that receive Byrne-JAG funds, with annual reports on prosecutions of a defined set of serious offenses (including murder, rape, robbery, burglary, weapon offenses, etc.).
  • 2Requires detailed reporting on: total referred cases; declined prosecutions or referrals to diversion; plea outcomes and defendant history (prior arrests/convictions, open cases, probation, parole); and internal prosecutorial policies that affect which offenses are prosecuted.
  • 3Establishes that the Attorney General will set uniform reporting standards, including the report format and how data is shared, and requires the AG to submit the data to Senate and House Judiciary Committees and publish it on a public website.
  • 4Creates a funding incentive: if a covered prosecutor complies with the reporting requirements, federal Byrne-JAG funds are prioritized to the local government served by that prosecutor, and the local government must ensure the funds reach the prosecutor.
  • 5Adds a condition on Byrne-JAG funding: states/local governments with policies prohibiting cash bail for cases involving illegal firearm use or possession would be ineligible to receive Byrne-JAG funds.

Impact Areas

Primary group/area affected: Large-jurisdiction prosecutors (those with populations of 360,000+ that receive Byrne-JAG funds) and the local governments that fund them. They face new reporting duties and potential changes in funding based on compliance.Secondary group/area affected: The Attorney General’s office (responsible for standardizing reporting, collecting data, and publishing it) and Congress (receiving the data via judiciary committees).Additional impacts:- Increased transparency around prosecutorial discretion and plea decisions in major offenses, including data on declines to prosecute and prior/ongoing defendant status.- Potential pressure on prosecutorial decisions and on internal policies due to the visibility and funding consequences.- A policy lever linking federal funding to cash-bail policies may influence state/local bail practices, particularly in cases involving firearms.
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