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A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to direct certain prosecutor's offices to annually report to the Attorney General, and for other purposes.
1/24/2025, 11:56 AM
Summary of Bill S 234
The purpose of this reporting requirement is to increase transparency and accountability within the criminal justice system. By collecting and analyzing data on prosecutorial decisions, policymakers and the public can better understand how prosecutors are using their discretion and whether there are any disparities in how cases are handled.
In addition to the reporting requirement, the bill also includes provisions for the Attorney General to provide guidance and technical assistance to prosecutor's offices to help them comply with the reporting requirements. This support is intended to ensure that the data collected is accurate and useful for policymakers and researchers. Overall, Bill 119 s 234 seeks to improve transparency and accountability in the criminal justice system by requiring prosecutor's offices to report key information to the Attorney General. This data will help identify trends and disparities in prosecutorial decision-making and inform efforts to promote fairness and equity in the criminal justice system.
Congressional Summary of S 234
Prosecutors Need to Prosecute Act of 2025
This bill requires certain state and local prosecutors to report data on criminal referrals and outcomes of cases involving murder or non-negligent manslaughter, forcible rape, robbery, aggravated assault, burglary, larceny, motor vehicle theft, arson, or any offense involving the illegal use or possession of a firearm.
The reporting requirement applies to state and local prosecutors in a jurisdiction that has 360,000 or more persons and receives funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) program. The report must contain data on
- cases referred for prosecution,
- cases the prosecutor declined to prosecute or refer for diversion,
- cases for which the prosecutor declined to reach a plea agreement,
- cases that resulted in a plea agreement or referral for diversion, and
- offenses the prosecutor did not prosecute due to an internal policy.
If a state or local prosecutor complies with these requirements, the bill requires (1) the Department of Justice to give priority in disbursing Byrne JAG program funds to the local government served by the prosecutor, and (2) the local government to ensure that the prosecutor receives a portion of the funds.
Additionally, the bill prohibits states and local governments from receiving funds under the Byrne JAG program if they have in effect a policy that prohibits the use of cash bail for a defendant in a case involving the illegal use or illegal possession of a firearm.
