114 House Democrats voted against legislation on Thursday requiring the Department of Justice to publicly identify jurisdictions with cashless bail policies.
Overall, the legislation passed by a vote of 308-to-116 and now heads to the Senate. Ninety-six Democrats joined 211 Republicans to vote in favor. Rep. Kevin Kiley (I-CA), an independent who caucuses with the GOP, also voted for the measure. Meanwhile, 114 Democrats and two House Republicans voted against the measure.
An office for one of the House Republicans told the Washington Examiner the vote was by mistake and is being rectified.
The legislation, introduced by Rep. Mark Harris (R-NC), would require the attorney general to publish an annual list of state and local governments that allow suspects accused of crimes deemed threats to public safety to be released without posting cash bail. Covered offenses include murder, rape, burglary, looting, and rioting.
“Americans should be able to see which jurisdictions have enacted dangerous and irresponsible policies related to bail when making decisions about where to live, work, or travel,” Harris said. “It also shows Americans where change is needed most.
“The American people deserve transparency and accountability when it comes to policies that affect public safety,” he said.
Over the past decade, numerous states and cities have adopted cashless bail laws. Under the system, judges are prevented from mandating that individuals charged with crimes post bail before being released from police custody pending trial. There have been several high-profile cases of such individuals turning around and committing violent offenses.
A study conducted by the Yolo County district attorney’s office in California found that “individuals released on zero bail were subsequently rearrested for a total of 169% more crimes than individuals released on bail.”
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Last year, President Donald Trump signed an executive order cracking down on states that have adopted cashless bail.
The order would withhold federal funding from jurisdictions that do not repeal their cashless bail policies.