Stefanik plans to write bill that would end states’ rights to set bail laws
Rep. Elise Stefanik is planning to write a bill that would restrict states’ rights to set their own bail laws, announcing her move in the New York Post shortly after President Donald Trump told reporters he wants to put a bill through Congress addressing bail reforms undertaken in New York, Washington, D.C. and Illinois.
Trump announced on Monday that he was temporarily taking over the Washington metro police, and deploying the U.S. National Guard to the city to crack down on what he’s characterized as an “out of control crime problem.”
During the press conference announcing the move, Trump said he planned to use the powers of the presidency to flood federal agents into other cities like New York and Chicago. Trump pointed to bail reforms that reduce the use of cash bail for petty and nonviolent crimes as a primary driver of crime in left-leaning cities and states.
“Every place in the country where you have no cash bail is a disaster,” he told reporters at the White House Monday morning. “That’s what started the problem in New York, and they don’t change it, they don’t want to change it. That’s what started in Chicago.”
In 2019, New York passed a bail reform law that heavily restricted the use of cash bail for nonviolent offenses. It did not establish a “cashless bail” system like Trump claims. Proponents, mostly Democrats, backed the move as a way to even out the justice system and prevent people from being held in jail because they are poor, while wealthy people charged with the same crimes are let free.
Cash bail is still on the table for violent crimes, although some critics have noted that the definition of a violent crime doesn’t catch all instances where a person threatened or hurt another.
Republicans have denounced the reforms as soft-on-crime policy that cut penalties for criminal behavior, and have pointed to a number of instances where someone has committed a nonviolent crime like shoplifting or public indecency, been arrested, released after arraignment without bail and then reoffends shortly after release.
Some reforms to New York’s laws have been made since 2019, including last year when state officials agreed to tweak bail reform language and give judges more leeway to decide if a criminal defendant needs cash bail.
Now, it appears Stefanik, R-Schuylerville, wants to use the federal government’s power to walk back those state reforms entirely. Details of her legislation weren’t available on Monday, but her quotes in the New York Post are focused on walking back New York’s law specifically.
“I will be leading legislation to end Kathy Hochul and New York’s failed bail reform once and for all,” she told the conservative New York City tabloid.
That follows Trump stating he would push legislation addressing bail reform across the nation through the tightly-split U.S. House and Senate.
“We’ll count on the Republicans in Congress and the Senate to vote,” Trump said. “We have the majority, so we’ll vote. We don’t have a big majority, but we’ve gotten everything, including the great Big Beautiful Bill.”