May 16, 2023
Dear Chairman Mendelson:
are
MURIEL BOWSER
MAYOR
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Enclosed for consideration and enactment by the Council of the District of Columbia is the
“Safer Stronger Amendment Act of 2023.”
This legislation enhances penalties for violent crimes that victimize or target vulnerable
residents
with physical or mental impairments as well as expanded protections for transit and
for-hire vehicle employees, transit passengers, and people at rec centers; enhances protections
for domestic violence survivors with the creation of a felony offense of strangulation;
strengthens provisions that allow individuals to petition for early release to ensure the voices of
victims and community receive proper consideration; increases the reimbursement for the
District’s popular Private Security Camera System Incentive Program which strengthens public
safety by increasing the network of cameras available to assist the Metropolitan Police
Department (MPD) in solving crimes and closing cases; proposes collecting DNA earlier in the
process for First Degree sexual offenses after the probable cause hearing; and supervisory
agencies shall, upon request of MPD, provide MPD with location and identification data
collected from any detection device necessary in conducting a criminal law enforcement
investigation.
Addressing violence in DC means we need to address illegal guns; people using illegal guns
causing havoc in our neighborhoods. This legislation increases penalties for illegal gun
possession. It will also provide greater discretion for the Courts to determine who should be held
This legislation offers a series of amendments that address gaps in the District’s public safety
and justice ecosystem that are necessary to build a safer, stronger DC. We know there is no one
solution to ending violence; public safety is a community-wide effort. The safety of our
community is my top priority as Mayor, and even with our complex federal and local system, it
is my responsibility to make this system work for DC. I urge the Council to take prompt and favorable action on the enclosed legislation.
Mui el Bowser
pre-trial, including defendants previously convicted of a violent crime while they await trial for a
new violent crime. We proudly believe in second chances in our city, but we also believe in
accountability.
Additionally, we also know that even with our complex criminal justice system, we need more
transparency about what is happening. The legislation requires the Criminal Justice Coordinating
Council to report more data on process and outcomes which will help us better understand which
programs are working and which aren’t. This legislation also gives more District residents a
voice
on the important DC Sentencing Commission.
These proposals, coupled with MPD’s new focused patrol strategy and other whole-of-
government approaches, are going to make sure we have the tools we need to protect people in
our city who are doing the right thing and want to be able to enjoy our fantastic neighborhoods
in all eight wards.
■erely, *Sine A BILL
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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Chairman Phil Mendelson
at the request of the Mayor
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To amend the Advisory Commission on Sentencing Establishment Act to give District residents
additional representation on the DC Sentencing Commission and include the
Metropolitan Police Department as a voting member; to Amend the Anti-Sexual Abuse
Act of 1994 to broaden the definition of significant relationship and to clarify persons
covered by first degree sexual abuse of a secondary education student; to amend Chapter
23 of Title 16 of the District of Columbia Official Code to change the criteria for
detaining children; to amend An Act To control the possession, sale, transfer and use of
pistols and other dangerous weapons in the District of Columbia, to provide penalties, to
prescribe rules of evidence, and for other purposes to increase the penalty for illegal
discharge of a firearm; to prohibit a person from knowingly possessing or receiving any
firearm with a tampered serial number; to prohibit a person from possessing a stolen
firearm or stolen ammunition; to prohibit the possession of ammunition by previously
convicted felons; to amend the Firearms Control Regulations Act of 1975 to prohibit
trafficking firearms or ammunition; to create penalty enhancement for crimes of violence
against vulnerable adults, Metrorail employees, public transit passengers, recreation
center
users, and transportation providers; to amend the Transit Operator Protection and
Enhanced Penalty Amendment Act of 2008 to require notice of enhanced penalties for
certain offenses against Metrorail employees and transit vehicle passengers; to amend
Chapter
23 of Title 23 of the District of Columbia Official Code to create a rebuttable
presumption to not release a defendant with a previous conviction for a crime of violence,
and to clarify that the United States Attorney’s Office and the Office of the Attorney
General can use GPS data to prosecute offenses other than those enumerated; to require
all supervision agencies to provide the Metropolitan Police Department with access to
GPS data for persons under the agencies’ supervisions when it is need to conduct a
criminal law enforcement investigation; to amend the definition of “significant bodily
injury” to include strangulation; to amend the Neighborhood Engagement Achieves
Results Amendment Act of 2016 to remove the cap on the private security camera
program incentive program rebate; to amend the Criminal Justice Coordinating Council
for the District of Columbia Establishment Act of 2011 to require that all participating
entities in the CJCC report aggregate programmatic data on process and outcomes of
programs; to amend the DNA Sample Collection Act of 2001 to require law enforcement BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “Safer Stronger Amendment Act of 2023”.53
TITLE I. SENTENCING COMMISSION REPRESENTATION54
Sec. 101. Section 3(a) of the Advisory Commission on Sentencing Establishment Act of55
1998, approved October 16, 1998 (D.C. Law 12-167; D.C. Official Code § 3-102(a)), is amended56
as follows:57
(a) The lead-in language is amended to read as follows:58
59
follows:”.60
(b) Paragraph (1) is amended as follows:61
(1) Subparagraph (H) is amended by striking the phrase and” and inserting a62
semicolon in its place.63
(2) Subparagraph (I) is amended to read as follows:64
65
66
appointed by the Council; and”.67
(3) A new subparagraph (I-i) is added to read as follows:68
“(I-i) The Chief of the Metropolitan Police Department or his or her
69
designee.”.70
(c) Paragraph (2) is amended as follows:71
(1) Subparagraph (B) is repealed.72
2
47
48
49
50
51
52
to collect DNA samples from individuals upon arrest; to amend the An Act to Establish a
Board of Indeterminate Sentence and Parole for the District of Columbia to strengthen
the provisions of the Comprehensive Youth Services and Rehabilitation Amendment Act
of 2016 and to help ensure victims and communities receive consideration and protection.
“(I) Four residents of the District of Columbia, 3 of whom shall be
“(a) The Commission shall consist of 15 voting members and 5 nonvoting members as
nominated by the Mayor subject to confirmation by the Council, and the other of whom shall be (2) Subparagraph (D) is amended by striking the phrase and” and inserting a73
semicolon in its place.74
(3) Subparagraph (E) is amended by striking the period and inserting the phrase75
and” in its place.76
(4) A new subparagraph (F) is added to read as follows:77
“(F) The Deputy Mayor for Public Safety and Justice or his or her78
designee.”.79
TITLE II. SAFE SCHOOLS AND SAFE STUDENTS80
SUBTITLE A. SCHOOL PERSONNEL81
Sec. 201. The Anti-Sexual Abuse Act of 1994 effective May 23, 1995 (D.C. Law 10-257;82
D.C. Official Code § 22-3001 etseq.), is amended as follows:83
(a) Section 101(10)(D) (D.C. Official Code § 22-300 l(10)(D)) is amended by striking the84
phrase “Any employee or contractor” and inserting the phrase “Any employee, contractor,85
consultant, or volunteer” in its place.86
(b) Section 208c (D.C. Official Code § 22-3009.03) is amended by striking the phrase87
“Any teacher, counselor, principal, coach, or other person of authority” and inserting the phrase88
89
authority” in its place.90
SUBTITLE B. CRITERIA FOR DETAINING CHILDREN91
Sec. 211. Section 16-2310 of the District of Columbia Official Code is amended as92
follows:93
(a) Subsection (a)(1) is amended to read as follows:94
3
“Any teacher, counselor, principal, coach, contractor, consultant, volunteer, or other person of “(1) to protect the person or property of others or of the child from significant95
harm, or”.96
(b) Subsection (a-1) is amended to read as follows:97
“(a-l)(l) There shall be a rebuttable presumption that detention is required to protect the98
person or property of others or of the child if the judicial officer finds by a substantial probability99
that the child:100
“(A) Committed a dangerous crime or a crime of violence; or101
“(B) Committed CPWL, carrying a pistol without a license.102
“(2) For the purposes of this subsection, the terms “dangerous crime” and “crime103
of violence” shall have the same meanings as provided in section 23-1331.”.104
TITLE III. ILLEGAL DISCHARGE OF A FIREARM; POSSESSION OF FIREARM105
AND AMMUNITION PENALTIES106
Sec. 301. An Act To control the possession, sale, transfer and use of pistols and other107
dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of108
evidence, and for other purposes, approved July 8, 1932 (47 Stat. 650; D.C. Official Code § 22-109
4501.01 et seq.\ is amended as follows:110
(a) Section 3 (D.C. Official Code § 22-4503) is amended as follows:111
(1) A new subsection (a-1) is added read as follows:112
“(a-l)( 1) It shall be unlawful for any person knowingly to possess or receive any firearm113
which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered.114
“(2) It shall be unlawful for any person to receive, possess, conceal, store, barter,
115
stolen ammunition, or pledge or accept as security for a
116
4
sell, or dispose of any stolen firearm or loan any stolen firearm or stolen ammunition, knowing or having reasonable cause to believe117
118that the firearm or ammunition was stolen.”.
(2) A new subsection (c-1) is added to read as follows:119
“(c-1) A person who violates subsection (a-1) of this section shall upon conviction be120
fined not more than the amount set forth in section 101 of the Criminal Fine Proportionality121
Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-122
3571.01), or imprisoned not less than 2 years nor more than 5 years, or both.”.123
(b) Section 3a (D.C. Official Code § 22-4503.01) is amended as follows:124
(1) The existing text is designated as subsection (a).125
(2) A new subsection (b) is added to read as follows:126
“(b) A person who violates this section shall upon conviction be fined no more than the127
amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012,128
effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or imprisoned for129
130
(c) Section 14(c) (D.C. Official Code § 22-4514(c)) is amended to read as follows:131
“(c) Whoever violates this section shall be punished as provided in section 15 of132
this act unless:133
“(1) The violation involves possession of a machine gun, sawed-off
134
shotgun, or ghost gun, in which case such person shall be imprisoned for not more than 5 years,135
fined not more than the amount set forth in section 101 of the Criminal Fine Proportionality136
Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-137
3571.01), or both; or138
5
no more than 2 years, or both.”. “(2) The violation occurs after such person has been convicted in the139
District of Columbia of a violation of this section, or of a felony, either in the District of140
Columbia or in another jurisdiction, in which case such person shall be imprisoned for not more141
than 10 years, fined not more than the amount set forth in section 101 of the Criminal Fine142
Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C.143
Official Code § 22-3571.01), or both.”.144
Sec. 302. Section 706 of the Firearms Control Regulations Act of 1975, effective145
September 24, 1976 (D.C. Law 1-85; D.C. Official Code § 7-2507.06), is amended as follows:146
(a) Subsection (a) is amended as follows:147
(1) Paragraph (3) is amended as follows:148
(A) Subparagraph (A) is amended by striking the phrase “A person” and149
inserting the phrase “Notwithstanding paragraph (4) of this subsection, a person” in its place.150
(B) Subparagraph (B) is repealed.151
(2) A new paragraph (5) is added to read as follows:152
153
sale, or make available for sale, in violation of section 501 of this act shall be fined not more154
than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of155
2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), oi156
157
(3) A new paragraph (6) is added to read as follows:158
(6) A person convicted of possessing ammunition in violation of section 601(a)
159
of this act after having been convicted in any court of a crime punishable by imprisonment for a
160
161
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imprisoned for not less than 2 years nor more than 10 years, or both.”.
“(5) A person convicted of possessing a firearm with an intent to sell, offer for
term exceeding one year shall be fined not more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-162
317; D.C. Official Code § 22-3571.01), imprisoned for not more than 1 year, or both.”163
(b) Subsection (b) is amended by adding a new paragraph (1A) to read as follows:164
“(1 A) The administrative disposition provided for in this subsection shall not be165
available to any person who has previously been convicted of any felony in the District or166
elsewhere.”.167
TITLE IV. PENALTY ENHANCEMENTS168
SUBTITLE A. VULNERABLE ADULTS169
Sec. 401. Enhanced penalties for crimes against vulnerable adults.170
(a) Any person who commits171
or 23-1331(4) against a vulnerable adult may be punished by a fine of up to one and 1/2 times172
the maximum fine otherwise authorized for the offense and may be imprisoned for a term of up173
174
both.175
(b) It is an affirmative defense that the accused knew or reasonably believed that the176
177
178
This defense shall be established by a preponderance of the evidence.179
(c) For the purposes of this section, the term “vulnerable adult” means a person who is 18180
181
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person, property, or legal interests.183
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years of age or older and has one or more physical or mental limitations that substantially
impairs the person’s ability to independently provide for their daily needs oi safeguaid their
an offense enumerated in D.C. Official Code § 23-1331(3)
victim was not a vulnerable adult at the time of the offense, or could not have known or
to one and 1/2 times the maximum term of imprisonment otherwise authorized for the offense, or
determined the age of the victim because of the manner in which the offense was committed. 184 SUBTITLE B. ENHANCED PENALTIES TO PROTECT PUBLIC TRANSIT
185PASSENGERS AND RECREATION CENTER USERS; TRANSPORTATION PROVIDERS
Sec. 411. The Taxicab Drivers Protection Act of 2000, effective June 9, 2001 (D.C. Law186
13-307; D.C. Official Code § 22-3751 et seq.), is amended as follows:187
(a) Section 2 (D.C. Official Code § 22-3751) is amended to read as follows:188
“Sec. 2. Enhanced penalties for offenses committed against transportation providers.189
“(a) Any person who commits an offense listed in section 3 of this act against a190
transportation provider in the District of Columbia may be punished by a fine of up to one and191
1/2 times the maximum fine otherwise authorized for the offense and may be imprisoned for a192
term of up to one and 1/2 times the maximum term of imprisonment otherwise authorized for the193
offense, or both.194
“(b) For the purposes of this section, the term “transportation provider” means a person195
who operates within the District of Columbia a public vchicle-for-hire or private vchicle-for-hirc,196
as those terms are defined in section 4 of the District of Columbia Taxicab Commission197
Establishment Act of 1985 (D.C. Law 6-97; D.C. Official Code § 50-301.03).”.198
(b) Section 2a (D.C. Official Code § 22-3751.01) is amended as follows:199
(1) The heading is amended to read as follows:200
“Sec. 2a. Enhanced penalties for offenses committed against transit operators, Metrorail201
station managers and Metrorail station employees.”.202
(2) Subsection (a) is amended to read as follows:203
“(a) Any person who commits an offense enumerated in section 3 of this act against a204
transit operator, who, at the time of the offense, is authorized to operate and is operating a mass205
transit vehicle in the District of Columbia, or against a Metrorail station manager or Metrorail206
8 station employee while on duty in the District of Columbia, may be punished by a fine of up to207
one and 1/2 times the maximum fine otherwise authorized for the offense and may be imprisoned208
for a term of up to one and 1/2 times the maximum term of imprisonment otherwise authorized209
by the offense, or both.”.210
(3) A new subsection (a-1) is added to read as follows:211
“(a-1) Any person who commits an offense enumerated in D.C. Official Code § 23-212
1331(3) or 23-1331(4) against a passenger of a mass transit vehicle may be punished by a fine of213
up to one and 1/2 times the maximum fine otherwise authorized for the offense and may be214
imprisoned for a term of up to one and 1/2 times the maximum term of imprisonment otherwise215
authorized by the offense, or both.”.216
(4) Subsection (b) is amended as follows:217
(A) A new paragraph (1A) is added to read as follows:218
219
for the Washington Metropolitan Area Transit Authority or works in a Metrorail station.220
(B) A new paragraph (2A) is added to read as follows:221
“(2A) “Passenger” means a person who is traveling on a mass transit vehicle or
222
waiting at a marked mass transit vehicle boarding location, such223
station.”.224
Sec. 412. Section 4 of the Transit Operator Protection and Enhanced Penalty Amendment
225
226
amended as follows:227
(a) The section header is amended to read as follows:228
9
Act of 2008, effective July 23, 2008 (D.C. Law 17-206; D.C. Official Code § 35-261), is
as a bus stop or Mctrorail
“(1 A) “Metrorail station employee” means any person who performs a services “Sec. 4. Notice of enhanced penalties for commission of offenses against transit229
operators, Metrorail station managers, Metrorail station employees, and mass transit vehicle230
passengers.”.231
(b) Subsection (a)(1) is amended to read as follows:232
“(a)(1) The Washington Metropolitan Area Transit Authority shall post or otherwise233
provide conspicuous notice of the enhanced penalties for the commission of certain offenses234
235
transit vehicle passengers in the District of Columbia pursuant to section 2a of the Taxicab236
Drivers Protection Act of 2000, effective July 23, 2008 (D.C. Law 17-206; D.C. Official Code §237
22-3751.01), on all Metrobus buses and Metrorail trains operating in the District of Columbia,238
and at or near all Metrorail station kiosks within the District of Columbia.”.239
Sec. 413. Title II of the District of Columbia Theft and White Collar Crimes Act of 1982,240
effective December 1, 1982 (D.C. Law 4-164; D.C. Official Code § 22-3601 et seq.\ is amended241
by adding a new section 203 to read as follows:242
“Sec. 203. Enhanced penalty for committing certain dangerous and violent crimes against243
244
“(a) Any person who commits an offense enumerated in D.C. Official Code § 23-245
1331(3) or 23-1331(4) against another person while located246
Director of the Department of Parks and Recreation may be punished by a fine of up to one and247
248
term of up to one and 1/2 times the maximum term of imprisonment otherwise authorized by the249
offense, or both.”250
10
against transit operators, Metrorail station managers, Metrorail station employees, and mass
a person at a Department of Parks and Recreation property.
on a property administered by the
1/2 times the maximum fine otherwise authorized for the offense and may be imprisoned for a “(b) For purposes of this section, the term “property” means any park, field, court, play251
area, facility, or building, and the associated grounds, parking lot, and adjacent areas in public252
space, including sidewalks and streets.”.253
TITLE V. REBUTTABLE PRESUMPTION; GPS DATA FOR PROSECUTION254
255
follows:256
(a) Section 23-1303(d) is amended by adding a new sentence at the end to read as257
follows:258
“Any information obtained from a device, as that term is defined in section 103(a)(2) of259
the Omnibus Public Safety and Justice Amendment Act of 2009, effective December 10, 2009260
(D.C. Law 18-88; D.C. Official Code § 22-1211(a)(2)), that a person is required to wear while261
incarcerated or committed, while subject to a protection order, or while on pretrial release,262
presentence release, predisposition release, supervised release, probation, or parole shall be263
admissible on the issue of guilt in any judicial proceeding.”.264
(b) Section 23-1322(c) is amended as follows:265
(1) Paragraph (7) is amended by striking the phrase “; or” and inserting a266
semicolon in its place.267
(2) Paragraph (8) is amended by striking the period at the end and inserting the
268
phrase “; and” in its place.269
(3) A new paragraph (9) is added to read as follows:270
“(9) Committed a crime of violence, as that term is defined in § 23-1331(4), and
271
has previously been convicted of a crime of violence.”272
TITLE VI. GPS DATA FOR PERSONS UNDER SUPERVISION273
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Sec. 501. Chapter 13 of Title 23 of the District of Columbia Official Code is amended as Sec. 601. Supervisory agency participation required.274
(a) Supervisory agencies responsible for pretrial services, parole, probation, or offender275
supervision shall, upon request of the Metropolitan Police Department, provide the Metropolitan276
Police Department with location and identification data collected from any detection device that277
a person is required to wear while incarcerated or committed, while subject to a protection order,278
or while on pretrial release, presentence release, predisposition release, supervised release,279
probation, or parole that is deemed by the Chief of Police as necessary in conducting a criminal280
law enforcement investigation.281
(b) For purposes of this section, the term:282
(1) “Device” shall have the same meaning as in section 103(a)(2) of the Omnibus283
Public Safety and Justice Amendment Act of 2009, effective December 10, 2009 (D.C. Law 18-284
88; D.C. Official Code § 22-1211(a)(2)); and285
(2) “Supervisory agencies” shall include the following agencies:286
(A) Court Services and Offender Supervision Agency;287
(B) Department of Youth Rehabilitation Services;288
(C) Social Services Division of the District of Columbia Superior Court;289
and290
(D) Pretrial Services Agency.291
TITLE VII. STRANGULATION292
Sec. 701. Section 806(a)(2) of An Act To establish a code of law for the District of293
Columbia, approved March 3, 1901 (31 Stat. 1322; D.C. Official Code § 22-404(a)(2)), is294
amended to read as follows:295
12 “(2)(A) Whoever unlawfully assaults, or threatens another in a menacing manner,296
and intentionally, knowingly, or recklessly causes significant bodily injury to another shall be297
fined not more than the amount set forth in section 101 of the Criminal Fine Proportionality298
Amendment Act of 2012, effective June 11,2013 (D.C. Law 19-317; D.C. Official Code § 22-299
3571.01), or be imprisoned not more than 3 years, or both.300
“(B) For the purposes of this paragraph, the terms shall have the following301
meanings302
“(i) “Significant bodily injury” shall mean:303
“(I) An injury that requires hospitalization or immediate304
medical attention;305
“(II) An injury that causes any loss of consciousness; or
306
“(III) A contusion, petechia, or other bodily injury,307
including physical pain, physical injury, illness, or impairment of physical condition, to the neck308
309
“(ii) “Strangulation or suffocation” shall mean a restriction of
310
normal breathing or circulation of the blood by applying pressure on the throat, neck, or chest, or
311
by obstructing the nose or mouth.”.312
TITLE VIII. PRIVATE SECURITY CAMERA SYSTEM INCENTIVE PROGRAM
313
Sec. 801. Section 214 of the Neighborhood Engagement Achieves Results Amendment314
Act of 2016, effective June 30, 2016 (D.C. Law 21-125; D.C. Official Code § 7-283), is
315
amended follows:316
(a) Subsection (c)(1) is amended to read as follows:317
13
or head sustained during strangulation or suffocation. 318 “(1) Upon approval of a rebate claim submitted pursuant to subsection (b) of this
section, the Program shall provide a rebate, provided, that the amount of the rebate shall not be319
more than the purchase price of the system.320
(b) Subsection (f) is amended as follows:321
(1) Paragraph (3) is amended by striking the phrase and” and inserting a322
semicolon in its place.323
(2) Paragraph (4) is amended by striking the period at the end and inserting the324
phrase and” in its place.325
(3) A new paragraph (5) is added to read as follows:326
“(5) The maximum amount of rebate available to an individual, entity, and327
address.”.328
TITLE IX. CRIMINAL JUSTICE COORDINATING COUNCIL329
Sec. 901. Section 1501 of the Criminal Justice Coordinating Council for the District of330
Columbia Establishment Act of 2011, effective October 3, 2001 (D.C. Law 14-28; D.C. Official331
Code § 22-4234), is amended by adding a new subsection (b-5) to read as follows:332
“(b-5) By October 1, 2023 and on a quarterly basis thereafter, the CJCC shall submit to333
its website a report that includes, for all CJCC members,334
the following information, in accordance with existing law:335
process and outcome of programs,
336
including diversion; and337
“(2) Aggregate outcomes of alternative dispositions and sentencing agreements.”.
338
TITLE X. DNA SAMPLE COLLECTION339
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the Mayor and the Council and post on
“(1) Aggregate programmatic data on See. 1001. The DNA Sample Collection Act of 2001, effective November 3, 2001 (D.C.340
Law 14-52; D.C. Official Code § 22-4151), is amended as follows:341
(a) A new subsection (a-1) is added to read:342
“(a-1) The Metropolitan Police Department (“MPD”) shall collect DNA samples from343
individuals who are arrested, facing charges, or convicted of the following offenses:344
(1) First degree sexual abuse, enumerated in section 201 of the Anti-Sexual Abuse345
Act of 1994, effective May 23, 1995 (D.C. Law 10-257; D.C. Official Code § 22-3002);346
(2) First degree child sexual abuse, enumerated in section 207 of the Anti-Sexual347
Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; D.C. Official Code § 22-3008);348
(3) First degree sexual abuse of a minor, enumerated in section 208a of the Anti-349
Sexual Abuse Act of 1994, effective April 24, 2007 (D.C. Law 16-306; D.C. Official Code § 22-350
3009.01);351
(4) First degree sexual abuse of a secondary education student, enumerated in352
section 208c of the Anti-Sexual Abuse Act of 1994, effective October 23, 2010 (D.C. Law 18-353
239; D.C. Official Code § 22-3009.03);354
(5) First degree sexual abuse of a ward, patient, client, or prisoner, enumerated in355
section 212 of the Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257;356
D.C. Official Code § 22-3013); or357
358
the Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; D.C. Official359
Code § 22-3015).360
(b) A new subsection (a-2) is added to read:361
15
(6) First degree sexual abuse of a patient or client, enumerated in section 214 of “(a-2) If an individual from whom a DNA sample was collected has been charged with a362
crime enumerated in subsection (a-1) of this section, MPD shall furnish each DNA sample363
collected to the appropriate entity to perform a DNA analysis on each such DNA sample and364
include the results in the Combined DNA Index System (CODIS).”.365
TITLE XI. INCARCERATION REDUCTION AMENDMENT ACT366
Sec. 1101. Section 3c of An Act to Establish a Board of Indeterminate Sentence and367
Parole for the District of Columbia and to determine its functions, and for other purposes,368
effective April 4, 2016 (D.C. Law 21-238; D.C. Official Code § 24-403.03), is amended as369
370
follows:
(a) Subsection (a) is amended by striking the word “shall” and inserting the word “may”371
in its place.372
(b) Subsection (c) is amended as follows:373
(1) Paragraph (2) is amended to read as follows:374
“(2) The nature of the offense and the history and characteristics of the375
defendant;”.376
(2) Paragraph (4) is amended to read as follows:377
“(4) The position of the United States Attorney;”.378
(3) Paragraph (5) is amended to read as follows:379
“(5) Whether the defendant has demonstrated maturity, rehabilitation, remorse,
380
and a fitness to reenter society sufficient to justify a sentence reduction;”.381
(4) Paragraph (6) is amended by striking the semicolon and inserting the phrase
382
“or a community impact statement provided pursuant to § 23-1904(f)(1);” in its place.
383
(5) Paragraph (10) is amended to read as follows:384
16 385 “(10) The diminished culpability of juveniles and persons under age 25, as
compared to that of older adults, and the hallmark features of youth, including immaturity,386
impetuosity, and failure to appreciate risks and consequences, which counsel against sentencing387
them to lengthy terms in prison, and the defendant’s personal circumstances that support an388
aging out of crime; and”.389
TITLE XII. FISCAL IMPACT AND EFFECTIVE DATE.390
Sec 1201. Fiscal impact statement.391
The Council adopts the fiscal impact statement in the committee report as the fiscal392
impact statement required by section 4a of the General Legislative Procedures Act of 1975,393
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).394
Sec. 1202. Effective date.395
This act shall take effect following approval by the Mayor (or in the event of veto by the396
Mayor, action by the Council to override the veto), a 60-day period of congressional review as397
provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December398
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)), and publication in the District of399
Columbia Register.400
17 Legal Counsel Division
MEMORANDUM
TO:
FROM:
May 15, 2023DATE:
RE:
1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004 Phone (202) 724-5524 Email: mcgan.bi-owdcr@de.gov
Megan D. Browder
Deputy Attorney General
Legal Counsel Division
GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL
Safer Stronger 2.0 Act of 2023
(AE-23-082)
This is to Certify that the Office of the Attorney General has reviewed the
legislation entitled the “Safer Stronger 2.0 Act of 2023” and determined that it is legally sufficient. If
you
have any questions, please do not hesitate to call me at (202) 724-5524.
Megan D. Browder
Tommy Wells
Director
Office of Policy and Legislative Affairs