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Councilmember Charles Allen 2
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A BILL 5
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 9
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To amend, on a temporary basis, the Office of Citizen Complaint Review Establishment Act of 14
1998 to expand the membership of the Police Complaints Board, and to allow the Office 15
of Police Complaints’ Executive Director to initiate their own complaint if they discover 16
evidence of abuse or misuse of police powers that was not alleged in the original complaint, 17
including the failure to intervene or report to a supervisor when another officer used 18
excessive force, engaged in other forms of misconduct, or violated a rule or regulation; to 19
amend the First Amendment Assemblies Act of 2004 to limit the use of riot gear at First 20
Amendment assemblies, and to prohibit the use of chemical irritants and less-lethal 21
projectiles to disperse First Amendment assemblies; and to amend Chapter 3 of Title 14 of 22
the District of Columbia Official Code to clarify that certain provisions only apply to a 23
victim who is under the age of 18. 24
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, Th at this 26
act may be cited as the “Comprehensive Policing and Justice Reform Technical Temporary 27
Amendment Act of 2023”. 28
Sec. 2. The Office of Citizen Complaint Review Establishment Act of 1998, effective 29
March 26, 1999 (D.C. Law 12-208; D.C. Official Code § 5-1101 et seq.), is amended as follows: 30
(a) Section 5(a) (D.C. Official Code § 5-1104(a)) is amended by striking the phrase “There 31
is established a Police Complaints Board (“Board”). The Board shall be composed of 5 members, 32
one of whom shall be a member of the MPD, and 4 of whom shall have no current affiliation with 33
any law enforcement agency.” and inserting the phrase “There is established a Police Complaints 34
Board (“Board”). The Board shall be composed of 9 members, which shall include one member 35
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from each Ward and one at-large member, none of whom, after the expiration of the term of the 36
currently serving member of the MPD, shall be affiliated with any law enforcement agency.” in its 37
place. 38
(b) Section 8 (D.C. Official Code § 5-1107) is amended as follows: 39
(1) A new subsection (g-1) is added to read as follows: 40
“(g-1)(1) If the Executive Director discovers evidence of abuse or misuse of police powers 41
that was not alleged by the complainant in the complaint, the Executive Director may: 42
“(A) Initiate the Executive Director’s own complaint against the subject 43
police officer; and 44
“(B) Take any of the actions described in subsection (g)(2) through (6) of 45
this section. 46
“(2) The authority granted pursuant to paragraph (1) of this subsection shall include 47
circumstances in which the subject police officer failed to: 48
“(A) Intervene in or subsequently report any use of force incident in which 49
the subject police officer observed another law enforcement officer, including an MPD officer, 50
utilizing excessive force or engaging in any type of misconduct, pursuant to MPD General Order 51
901.07, its successor directive, or a similar local or federal directive; or 52
“(B) Immediately report to their supervisor any violations of the rules and 53
regulations of the MPD committed by any other MPD officer, and each instance of their use of 54
force or a use of force committed by another MPD officer, pursuant to MPD General Order 201.26, 55
or any successor directive.”. 56
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(2) Subsection (h) is amended by striking the phrase “subsection (g)” and inserting 57
the phrase “subsection (g) or (g-1)” in its place. 58
Sec. 3. The First Amendment Assemblies Act of 2004, effective April 13, 2005 (D.C. Law 59
15-352; D.C. Official Code § 5-331.01 et seq.), is amended as follows: 60
(a) Section 102 (D.C. Official Code § 5-331.02) is amended as follows: 61
(1) Paragraphs (1) and (2) are redesignated as paragraphs (2) and (4) respectively. 62
(2) A new paragraph (1) is added to read as follows: 63
“(1) “Chemical irritant” means tear gas or any chemical that can rapidly produce 64
sensory irritation or disabling physical effects in humans, which disappear within a short time 65
following termination of exposure, or any substance prohibited by the Convention on the 66
Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on 67
their Destruction, effective April 29, 1997.”. 68
(3) A new paragraph (3) is added to read as follows: 69
“(3) “Less-lethal projectiles” means any munition that may cause bodily injury or 70
death through the transfer of kinetic energy and blunt force trauma. The term “less-lethal 71
projectiles” includes rubber or foam-covered bullets and stun grenades.”. 72
(b) Section 116 (D.C. Official Code § 5-331.16) is amended to read as follows: 73
“Sec. 116. Use of riot gear and riot tactics at First Amendment assemblies. 74
“(a)(1) No officers in riot gear may be deployed in response to a First Amendment 75
assembly unless there is an immediate risk to officers of significant bodily injury. Any deployment 76
of officers in riot gear: 77
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“(A) Shall be consistent with the District’s policy on First Amendment 78
assemblies; and 79
“(B) May not be used as a tactic to disperse a First Amendment assembly. 80
“(2) Following any deployment of officers in riot gear in response to a First 81
Amendment assembly, the commander at the scene shall make a written report to the Chief of 82
Police within 48 hours, and that report shall be available to the public. 83
“(b)(1) Chemical irritants shall not be used by MPD to disperse a First Amendment 84
assembly. 85
“(2) The Mayor shall request that any federal law enforcement agency operating in 86
the District refrain from the use of chemical irritants to disperse a First Amendment assembly. 87
“(c)(1) Less-lethal projectiles shall not be used by MPD to disperse a First Amendment 88
assembly. 89
“(2) The Mayor shall request that any federal law enforcement agency operating in 90
the District refrain from the use of less-lethal projectiles to disperse a First Amendment 91
assembly.”. 92
Sec. 4. Chapter 3 of Title 14 of the District of Columbia Official Code is amended as 93
follows: 94
(a) Section 14-310(b)(4) is amended as follows: 95
(1) Subparagraph (B) is amended by striking the phrase “whom the victim has” and 96
inserting the phrase “whom a victim under 18 years of age has” in its place. 97
(2) Subparagraph (C) is amended by striking the phrase “the victim” and inserting 98
the phrase “a victim who is under 18 years of age” in its place. 99
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(b) Section 14-311(b)(4) is amended as follows: 100
(1) Subparagraph (B) is amended by striking the phrase “with whom the victim 101
has” and inserting the phrase “with whom a victim under 18 years of age has” in its place. 102
(2) Subparagraph (C) is amended by striking the phrase “the victim” and inserting 103
the phrase “a victim who is under 18 years of age” in its place. 104
(c) Section 14-312(b)(4) is amended as follows: 105
(1) Subparagraph (B) is amended by striking the phrase “with whom the victim 106
has” and inserting the phrase “with whom a sexual assault victim under 18 years of age has” in its 107
place. 108
(2) Subparagraph (C) is amended by striking the phrase “the sexual assault victim” 109
and inserting the phrase “a sexual assault victim who is under 18 years of age” in its place. 110
Sec. 5. Applicability. 111
(a) Section 2 shall expire on the applicability date of section 105 of the Comprehensive 112
Policing and Justice Reform Amendment Act of 2022, effective April 21, 2023 (D.C. Law 24-345; 113
70 DCR 953). 114
(b) Section 3 shall expire on October 1, 2023. 115
Sec. 6. Fiscal impact statement. 116
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 117
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 118
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 119
Sec. 7. Effective date. 120
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(a) This act shall take effect following approval by the Mayor (or in the event of veto by 121
the Mayor, action by the Council to override the veto), a 30-day period of congressional review as 122
provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December 24, 123
1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)), and publication in the District of 124
Columbia Register. 125
(b) This act shall expire after 225 days of its having taken effect. 126