District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0255 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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	1	+	ENGROSSED ORIGINAL
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7		-	AN ACT
8		-
9		-	________________
10		-
11		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12		-
13		-	_____________________
14		-
15		-
16		-	To amend, on a temporary basis, the Office of Citizen Complaint Review Establishment Act of
17		-	1998 to expand the membership of the Police Complaints Board, and to allow the Office
18		-	of Police Complaints’ Executive Director to initiate their own complaint if they discover
19		-	evidence of abuse or misuse of police powers that was not alleged in the original complaint,
20		-	including the failure to intervene or report to a supervisor when another officer used
21		-	excessive force, engaged in other forms of misconduct, or violated a rule or regulation; to
22		-	amend the First Amendment Assemblies Act of 2004 to limit the use of riot gear at First
23		-	Amendment assemblies, and to prohibit the use of chemical irritants and less-lethal
24		-	projectiles to disperse First Amendment assemblies; and to amend Chapter 3 of Title 14 of
25		-	the District of Columbia Official Code to clarify that certain provisions only apply to a
26		-	victim who is under the age of 18.
27		-
28		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
29		-	act may be cited as the “Comprehensive Policing and Justice Reform Technical Temporary
30		-	Amendment Act of 2023”.
31		-
32		-	Sec. 2. The Office of Citizen Complaint Review Establishment Act of 1998, effective
33		-	March 26, 1999 (D.C. Law 12-208; D.C. Official Code § 5-1101 et seq.), is amended as follows:
34		-	(a) Section 4 (D.C. Official Code § 5-1103) is amended by adding a new paragraph (3B)
35		-	to read as follows:
36		-	“(3B) “MPD” means the Metropolitan Police Department.”.
37		-	(b) Section 5(a) (D.C. Official Code § 5-1104(a)) is amended by striking the phrase “There
38		-	is established a Police Complaints Board (“Board”). The Board shall be composed of 5 members,
39		-	one of whom shall be a member of the MPD, and 4 of whom shall have no current affiliation with
40		-	any law enforcement agency.” and inserting the phrase “There is established a Police Complaints
41		-	Board. The Board shall be composed of 9 members, which shall include one member from each
42		-	Ward and one at-large member, none of whom, after the expiration of the term of the currently
43		-	serving member of the MPD, shall be affiliated with any law enforcement agency.” in its place.
44		-	(c) Section 8 (D.C. Official Code § 5-1107) is amended as follows:
45		-	(1) A new subsection (g-1) is added to read as follows: ENROLLED ORIGINAL
	7	+	A BILL 1
	8	+	2
	9	+	25-255 3
	10	+	4
	11	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
	12	+	6
	13	+	_____________________ 7
	14	+	8
	15	+	9
	16	+	To amend, on a temporary basis, the Office of Citizen Complaint Review Establishment Act of 10
	17	+	1998 to expand the membership of the Police Complaints Board, and to allow the Office 11
	18	+	of Police Complaints’ Executive Director to initiate their own complaint if they discover 12
	19	+	evidence of abuse or misuse of police powers that was not alleged in the original complaint, 13
	20	+	including the failure to intervene or report to a supervisor when another officer used 14
	21	+	excessive force, engaged in other forms of misconduct, or violated a rule or regulation; to 15
	22	+	amend the First Amendment Assemblies Act of 2004 to limit the use of riot gear at First 16
	23	+	Amendment assemblies, and to prohibit the use of chemical irritants and less-lethal 17
	24	+	projectiles to disperse First Amendment assemblies; and to amend Chapter 3 of Title 14 of 18
	25	+	the District of Columbia Official Code to clarify that certain provisions only apply to a 19
	26	+	victim who is under the age of 18. 20
	27	+	21
	28	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 22
	29	+	act may be cited as the “Comprehensive Policing and Justice Reform Technical Temporary 23
	30	+	Amendment Act of 2023”. 24
	31	+	Sec. 2. The Office of Citizen Complaint Review Establishment Act of 1998, effective 25
	32	+	March 26, 1999 (D.C. Law 12-208; D.C. Official Code § 5-1101 et seq.), is amended as follows: 26
	33	+	(a) Section 5(a) (D.C. Official Code § 5-1104(a)) is amended by striking the phrase “There 27
	34	+	is established a Police Complaints Board (“Board”). The Board shall be composed of 5 members, 28
	35	+	one of whom shall be a member of the MPD, and 4 of whom shall have no current affiliation with 29
	36	+	any law enforcement agency.” and inserting the phrase “There is established a Police Complaints 30
	37	+	Board (“Board”). The Board shall be composed of 9 members, which shall include one member 31 ENGROSSED ORIGINAL
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49	41
50	42		2
51		-	“(g-1)(1) If the Executive Director discovers evidence of abuse or misuse of police powers
52		-	that was not alleged by the complainant in the complaint, the Executive Director may:
53		-	“(A) Initiate the Executive Director’s own complaint against the subject
54		-	police officer; and
55		-	“(B) Take any of the actions described in subsection (g)(2) through (6) of
56		-	this section.
57		-	“(2) The authority granted pursuant to paragraph (1) of this subsection shall include
58		-	circumstances in which the subject police officer failed to:
59		-	“(A) Intervene in or subsequently report any use of force incident in which
60		-	the subject police officer observed another law enforcement officer, including an MPD officer,
61		-	utilizing excessive force or engaging in any type of misconduct, pursuant to MPD General Order
62		-	901.07, its successor directive, or a similar local or federal directive; or
63		-	“(B) Immediately report to their supervisor any violations of the rules and
64		-	regulations of the MPD committed by any other MPD officer, and each instance of their use of
65		-	force or a use of force committed by another MPD officer, pursuant to MPD General Order 201.26,
66		-	or any successor directive.”.
67		-	(2) Subsection (h) is amended by striking the phrase “subsection (g)” and inserting
68		-	the phrase “subsection (g) or (g-1)” in its place.
69		-
70		-	Sec. 3. The First Amendment Assemblies Act of 2004, effective April 13, 2005 (D.C. Law
71		-	15-352; D.C. Official Code § 5-331.01 et seq.), is amended as follows:
72		-	(a) Section 102 (D.C. Official Code § 5-331.02) is amended as follows:
73		-	(1) Paragraphs (1) and (2) are redesignated as paragraphs (2) and (4) respectively.
74		-	(2) A new paragraph (1) is added to read as follows:
75		-	“(1) “Chemical irritant” means tear gas or any chemical that can rapidly produce
76		-	sensory irritation or disabling physical effects in humans, which disappear within a short time
77		-	following termination of exposure, or any substance prohibited by the Convention on the
78		-	Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on
79		-	their Destruction, effective April 29, 1997.”.
80		-	(3) A new paragraph (3) is added to read as follows:
81		-	“(3) “Less-lethal projectiles” means any munition that may cause bodily injury or
82		-	death through the transfer of kinetic energy and blunt force trauma. The term “less-lethal
83		-	projectiles” includes rubber or foam-covered bullets and stun grenades.”.
84		-	(b) Section 116 (D.C. Official Code § 5-331.16) is amended to read as follows:
85		-	“Sec. 116. Use of riot gear and riot tactics at First Amendment assemblies.
86		-	“(a)(1) No officers in riot gear may be deployed in response to a First Amendment
87		-	assembly unless there is an immediate risk to officers of significant bodily injury. Any deployment
88		-	of officers in riot gear:
89		-	“(A) Shall be consistent with the District’s policy on First Amendment
90		-	assemblies; and ENROLLED ORIGINAL
	43	+	from each Ward and one at-large member, none of whom, after the expiration of the term of the 32
	44	+	currently serving member of the MPD, shall be affiliated with any law enforcement agency.” in its 33
	45	+	place. 34
	46	+	(b) Section 8 (D.C. Official Code § 5-1107) is amended as follows: 35
	47	+	(1) A new subsection (g-1) is added to read as follows: 36
	48	+	“(g-1)(1) If the Executive Director discovers evidence of abuse or misuse of police powers 37
	49	+	that was not alleged by the complainant in the complaint, the Executive Director may: 38
	50	+	“(A) Initiate the Executive Director’s own complaint against the subject 39
	51	+	police officer; and 40
	52	+	“(B) Take any of the actions described in subsection (g)(2) through (6) of 41
	53	+	this section. 42
	54	+	“(2) The authority granted pursuant to paragraph (1) of this subsection shall include 43
	55	+	circumstances in which the subject police officer failed to: 44
	56	+	“(A) Intervene in or subsequently report any use of force incident in which 45
	57	+	the subject police officer observed another law enforcement officer, including an MPD officer, 46
	58	+	utilizing excessive force or engaging in any type of misconduct, pursuant to MPD General Order 47
	59	+	901.07, its successor directive, or a similar local or federal directive; or 48
	60	+	“(B) Immediately report to their supervisor any violations of the rules and 49
	61	+	regulations of the MPD committed by any other MPD officer, and each instance of their use of 50 ENGROSSED ORIGINAL
91	62
92	63
93	64
94	65
95	66		3
96		-	“(B) May not be used as a tactic to disperse a First Amendment assembly.
97		-	“(2) Following any deployment of officers in riot gear in response to a First
98		-	Amendment assembly, the commander at the scene shall make a written report to the Chief of
99		-	Police within 48 hours, and that report shall be available to the public.
100		-	“(b)(1) Chemical irritants shall not be used by MPD to disperse a First Amendment
101		-	assembly.
102		-	“(2) The Mayor shall request that any federal law enforcement agency operating in
103		-	the District refrain from the use of chemical irritants to disperse a First Amendment assembly.
104		-	“(c)(1) Less-lethal projectiles shall not be used by MPD to disperse a First Amendment
105		-	assembly.
106		-	“(2) The Mayor shall request that any federal law enforcement agency operating in
107		-	the District refrain from the use of less-lethal projectiles to disperse a First Amendment
108		-	assembly.”.
109		-
110		-	Sec. 4. Chapter 3 of Title 14 of the District of Columbia Official Code is amended as
111		-	follows:
112		-	(a) Section 14-310(b)(4) is amended as follows:
113		-	(1) Subparagraph (B) is amended by striking the phrase “whom the victim has” and
114		-	inserting the phrase “whom a victim under 18 years of age has” in its place.
115		-	(2) Subparagraph (C) is amended by striking the phrase “the victim” and inserting
116		-	the phrase “a victim who is under 18 years of age” in its place.
117		-	(b) Section 14-311(b)(4) is amended as follows:
118		-	(1) Subparagraph (B) is amended by striking the phrase “with whom the victim
119		-	has” and inserting the phrase “with whom a victim under 18 years of age has” in its place.
120		-	(2) Subparagraph (C) is amended by striking the phrase “the victim” and inserting
121		-	the phrase “a victim who is under 18 years of age” in its place.
122		-	(c) Section 14-312(b)(4) is amended as follows:
123		-	(1) Subparagraph (B) is amended by striking the phrase “with whom the victim
124		-	has” and inserting the phrase “with whom a sexual assault victim under 18 years of age has” in its
125		-	place.
126		-	(2) Subparagraph (C) is amended by striking the phrase “the sexual assault victim”
127		-	and inserting the phrase “a sexual assault victim who is under 18 years of age” in its place.
128		-
129		-	Sec. 5. Applicability.
130		-	(a) Section 2 shall expire on the applicability date of section 105 of the Comprehensive
131		-	Policing and Justice Reform Amendment Act of 2022, effective April 21, 2023 (D.C. Law 24-345;
132		-	70 DCR 953).
133		-	(b) Section 3 shall expire on October 1, 2023.
134		-
135		-	ENROLLED ORIGINAL
	67	+	force or a use of force committed by another MPD officer, pursuant to MPD General Order 201.26, 51
	68	+	or any successor directive.”. 52
	69	+	(2) Subsection (h) is amended by striking the phrase “subsection (g)” and inserting 53
	70	+	the phrase “subsection (g) or (g-1)” in its place. 54
	71	+	Sec. 3. The First Amendment Assemblies Act of 2004, effective April 13, 2005 (D.C. Law 55
	72	+	15-352; D.C. Official Code § 5-331.01 et seq.), is amended as follows: 56
	73	+	(a) Section 102 (D.C. Official Code § 5-331.02) is amended as follows: 57
	74	+	(1) Paragraphs (1) and (2) are redesignated as paragraphs (2) and (4) respectively. 58
	75	+	(2) A new paragraph (1) is added to read as follows: 59
	76	+	“(1) “Chemical irritant” means tear gas or any chemical that can rapidly produce 60
	77	+	sensory irritation or disabling physical effects in humans, which disappear within a short time 61
	78	+	following termination of exposure, or any substance prohibited by the Convention on the 62
	79	+	Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on 63
	80	+	their Destruction, effective April 29, 1997.”. 64
	81	+	(3) A new paragraph (3) is added to read as follows: 65
	82	+	“(3) “Less-lethal projectiles” means any munition that may cause bodily injury or 66
	83	+	death through the transfer of kinetic energy and blunt force trauma. The term “less-lethal 67
	84	+	projectiles” includes rubber or foam-covered bullets and stun grenades.”. 68
	85	+	(b) Section 116 (D.C. Official Code § 5-331.16) is amended to read as follows: 69
	86	+	“Sec. 116. Use of riot gear and riot tactics at First Amendment assemblies. 70 ENGROSSED ORIGINAL
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141		-
142		-
143		-	Sec. 6. Fiscal impact statement.
144		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
145		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
146		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
147		-
148		-	Sec. 7. Effective date.
149		-	(a) This act shall take effect following approval by the Mayor (or in the event of veto by
150		-	the Mayor, action by the Council to override the veto), a 30-day period of congressional review as
151		-	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24,
152		-	1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of
153		-	Columbia Register.
154		-	(b) This act shall expire after 225 days of its having taken effect.
	92	+	“(a)(1) No officers in riot gear may be deployed in response to a First Amendment 71
	93	+	assembly unless there is an immediate risk to officers of significant bodily injury. Any deployment 72
	94	+	of officers in riot gear: 73
	95	+	“(A) Shall be consistent with the District’s policy on First Amendment 74
	96	+	assemblies; and 75
	97	+	“(B) May not be used as a tactic to disperse a First Amendment assembly. 76
	98	+	“(2) Following any deployment of officers in riot gear in response to a First 77
	99	+	Amendment assembly, the commander at the scene shall make a written report to the Chief of 78
	100	+	Police within 48 hours, and that report shall be available to the public. 79
	101	+	“(b)(1) Chemical irritants shall not be used by MPD to disperse a First Amendment 80
	102	+	assembly. 81
	103	+	“(2) The Mayor shall request that any federal law enforcement agency operating in 82
	104	+	the District refrain from the use of chemical irritants to disperse a First Amendment assembly. 83
	105	+	“(c)(1) Less-lethal projectiles shall not be used by MPD to disperse a First Amendment 84
	106	+	assembly. 85
	107	+	“(2) The Mayor shall request that any federal law enforcement agency operating in 86
	108	+	the District refrain from the use of less-lethal projectiles to disperse a First Amendment 87
	109	+	assembly.”. 88
	110	+	Sec. 4. Chapter 3 of Title 14 of the District of Columbia Official Code is amended as 89 ENGROSSED ORIGINAL
155	111
156	112
157	113
158	114
159		-
160		-	______________________________
161		-	Chairman
162		-	Council of the District of Columbia
	115	+	5
	116	+	follows: 90
	117	+	(a) Section 14-310(b)(4) is amended as follows: 91
	118	+	(1) Subparagraph (B) is amended by striking the phrase “whom the victim has” and 92
	119	+	inserting the phrase “whom a victim under 18 years of age has” in its place. 93
	120	+	(2) Subparagraph (C) is amended by striking the phrase “the victim” and inserting 94
	121	+	the phrase “a victim who is under 18 years of age” in its place. 95
	122	+	(b) Section 14-311(b)(4) is amended as follows: 96
	123	+	(1) Subparagraph (B) is amended by striking the phrase “with whom the victim 97
	124	+	has” and inserting the phrase “with whom a victim under 18 years of age has” in its place. 98
	125	+	(2) Subparagraph (C) is amended by striking the phrase “the victim” and inserting 99
	126	+	the phrase “a victim who is under 18 years of age” in its place. 100
	127	+	(c) Section 14-312(b)(4) is amended as follows: 101
	128	+	(1) Subparagraph (B) is amended by striking the phrase “with whom the victim 102
	129	+	has” and inserting the phrase “with whom a sexual assault victim under 18 years of age has” in its 103
	130	+	place. 104
	131	+	(2) Subparagraph (C) is amended by striking the phrase “the sexual assault victim” 105
	132	+	and inserting the phrase “a sexual assault victim who is under 18 years of age” in its place. 106
	133	+	Sec. 5. Applicability. 107 ENGROSSED ORIGINAL
163	134
164	135
165	136
166	137
167		-	_________________________________
168		-	Mayor
169		-	District of Columbia
170		-
	138	+	6
	139	+	(a) Section 2 shall expire on the applicability date of section 105 of the Comprehensive 108
	140	+	Policing and Justice Reform Amendment Act of 2022, effective April 21, 2023 (D.C. Law 24-345; 109
	141	+	70 DCR 953). 110
	142	+	(b) Section 3 shall expire on October 1, 2023. 111
	143	+	Sec. 6. Fiscal impact statement. 112
	144	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 113
	145	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 114
	146	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 115
	147	+	Sec. 7. Effective date. 116
	148	+	(a) This act shall take effect following approval by the Mayor (or in the event of veto by 117
	149	+	the Mayor, action by the Council to override the veto), a 30-day period of congressional review as 118
	150	+	provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December 24, 119
	151	+	1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)), and publication in the District of 120
	152	+	Columbia Register. 121
	153	+	(b) This act shall expire after 225 days of its having taken effect. 122