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District Of Columbia Council Bill B25-0291

District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0291 Compare Versions

Only one version of the bill is available at this time.
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11 May 16, 2023
22 Dear Chairman Mendelson:
33 are
44 MURIEL BOWSER
55 MAYOR
66 The Honorable Phil Mendelson
77 Chairman
88 Council of the District of Columbia
99 John A. Wilson Building
1010 1350 Pennsylvania Avenue, NW, Suite 504
1111 Washington, DC 20004
1212 Enclosed for consideration and enactment by the Council of the District of Columbia is the
1313 “Safer Stronger Amendment Act of 2023.”
1414 This legislation enhances penalties for violent crimes that victimize or target vulnerable
1515 residents
1616 with physical or mental impairments as well as expanded protections for transit and
1717 for-hire vehicle employees, transit passengers, and people at rec centers; enhances protections
1818 for domestic violence survivors with the creation of a felony offense of strangulation;
1919 strengthens provisions that allow individuals to petition for early release to ensure the voices of
2020 victims and community receive proper consideration; increases the reimbursement for the
2121 District’s popular Private Security Camera System Incentive Program which strengthens public
2222 safety by increasing the network of cameras available to assist the Metropolitan Police
2323 Department (MPD) in solving crimes and closing cases; proposes collecting DNA earlier in the
2424 process for First Degree sexual offenses after the probable cause hearing; and supervisory
2525 agencies shall, upon request of MPD, provide MPD with location and identification data
2626 collected from any detection device necessary in conducting a criminal law enforcement
2727 investigation.
2828 Addressing violence in DC means we need to address illegal guns; people using illegal guns
2929 causing havoc in our neighborhoods. This legislation increases penalties for illegal gun
3030 possession. It will also provide greater discretion for the Courts to determine who should be held
3131 This legislation offers a series of amendments that address gaps in the District’s public safety
3232 and justice ecosystem that are necessary to build a safer, stronger DC. We know there is no one
3333 solution to ending violence; public safety is a community-wide effort. The safety of our
3434 community is my top priority as Mayor, and even with our complex federal and local system, it
3535 is my responsibility to make this system work for DC. I urge the Council to take prompt and favorable action on the enclosed legislation.
3636 Mui el Bowser
3737 pre-trial, including defendants previously convicted of a violent crime while they await trial for a
3838 new violent crime. We proudly believe in second chances in our city, but we also believe in
3939 accountability.
4040 Additionally, we also know that even with our complex criminal justice system, we need more
4141 transparency about what is happening. The legislation requires the Criminal Justice Coordinating
4242 Council to report more data on process and outcomes which will help us better understand which
4343 programs are working and which aren’t. This legislation also gives more District residents a
4444 voice
4545 on the important DC Sentencing Commission.
4646 These proposals, coupled with MPD’s new focused patrol strategy and other whole-of-
4747 government approaches, are going to make sure we have the tools we need to protect people in
4848 our city who are doing the right thing and want to be able to enjoy our fantastic neighborhoods
4949 in all eight wards.
5050 ■erely, *Sine A BILL
5151 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
5252 1
5353 Chairman Phil Mendelson
5454 at the request of the Mayor
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101101 To amend the Advisory Commission on Sentencing Establishment Act to give District residents
102102 additional representation on the DC Sentencing Commission and include the
103103 Metropolitan Police Department as a voting member; to Amend the Anti-Sexual Abuse
104104 Act of 1994 to broaden the definition of significant relationship and to clarify persons
105105 covered by first degree sexual abuse of a secondary education student; to amend Chapter
106106 23 of Title 16 of the District of Columbia Official Code to change the criteria for
107107 detaining children; to amend An Act To control the possession, sale, transfer and use of
108108 pistols and other dangerous weapons in the District of Columbia, to provide penalties, to
109109 prescribe rules of evidence, and for other purposes to increase the penalty for illegal
110110 discharge of a firearm; to prohibit a person from knowingly possessing or receiving any
111111 firearm with a tampered serial number; to prohibit a person from possessing a stolen
112112 firearm or stolen ammunition; to prohibit the possession of ammunition by previously
113113 convicted felons; to amend the Firearms Control Regulations Act of 1975 to prohibit
114114 trafficking firearms or ammunition; to create penalty enhancement for crimes of violence
115115 against vulnerable adults, Metrorail employees, public transit passengers, recreation
116116 center
117117 users, and transportation providers; to amend the Transit Operator Protection and
118118 Enhanced Penalty Amendment Act of 2008 to require notice of enhanced penalties for
119119 certain offenses against Metrorail employees and transit vehicle passengers; to amend
120120 Chapter
121121 23 of Title 23 of the District of Columbia Official Code to create a rebuttable
122122 presumption to not release a defendant with a previous conviction for a crime of violence,
123123 and to clarify that the United States Attorney’s Office and the Office of the Attorney
124124 General can use GPS data to prosecute offenses other than those enumerated; to require
125125 all supervision agencies to provide the Metropolitan Police Department with access to
126126 GPS data for persons under the agencies’ supervisions when it is need to conduct a
127127 criminal law enforcement investigation; to amend the definition of “significant bodily
128128 injury” to include strangulation; to amend the Neighborhood Engagement Achieves
129129 Results Amendment Act of 2016 to remove the cap on the private security camera
130130 program incentive program rebate; to amend the Criminal Justice Coordinating Council
131131 for the District of Columbia Establishment Act of 2011 to require that all participating
132132 entities in the CJCC report aggregate programmatic data on process and outcomes of
133133 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
134134 act may be cited as the “Safer Stronger Amendment Act of 2023”.53
135135 TITLE I. SENTENCING COMMISSION REPRESENTATION54
136136 Sec. 101. Section 3(a) of the Advisory Commission on Sentencing Establishment Act of55
137137 1998, approved October 16, 1998 (D.C. Law 12-167; D.C. Official Code § 3-102(a)), is amended56
138138 as follows:57
139139 (a) The lead-in language is amended to read as follows:58
140140 59
141141 follows:”.60
142142 (b) Paragraph (1) is amended as follows:61
143143 (1) Subparagraph (H) is amended by striking the phrase and” and inserting a62
144144 semicolon in its place.63
145145 (2) Subparagraph (I) is amended to read as follows:64
146146 65
147147 66
148148 appointed by the Council; and”.67
149149 (3) A new subparagraph (I-i) is added to read as follows:68
150150 “(I-i) The Chief of the Metropolitan Police Department or his or her
151151 69
152152 designee.”.70
153153 (c) Paragraph (2) is amended as follows:71
154154 (1) Subparagraph (B) is repealed.72
155155 2
156156 47
157157 48
158158 49
159159 50
160160 51
161161 52
162162 to collect DNA samples from individuals upon arrest; to amend the An Act to Establish a
163163 Board of Indeterminate Sentence and Parole for the District of Columbia to strengthen
164164 the provisions of the Comprehensive Youth Services and Rehabilitation Amendment Act
165165 of 2016 and to help ensure victims and communities receive consideration and protection.
166166 “(I) Four residents of the District of Columbia, 3 of whom shall be
167167 “(a) The Commission shall consist of 15 voting members and 5 nonvoting members as
168168 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
169169 semicolon in its place.74
170170 (3) Subparagraph (E) is amended by striking the period and inserting the phrase75
171171 and” in its place.76
172172 (4) A new subparagraph (F) is added to read as follows:77
173173 “(F) The Deputy Mayor for Public Safety and Justice or his or her78
174174 designee.”.79
175175 TITLE II. SAFE SCHOOLS AND SAFE STUDENTS80
176176 SUBTITLE A. SCHOOL PERSONNEL81
177177 Sec. 201. The Anti-Sexual Abuse Act of 1994 effective May 23, 1995 (D.C. Law 10-257;82
178178 D.C. Official Code § 22-3001 etseq.), is amended as follows:83
179179 (a) Section 101(10)(D) (D.C. Official Code § 22-300 l(10)(D)) is amended by striking the84
180180 phrase “Any employee or contractor” and inserting the phrase “Any employee, contractor,85
181181 consultant, or volunteer” in its place.86
182182 (b) Section 208c (D.C. Official Code § 22-3009.03) is amended by striking the phrase87
183183 “Any teacher, counselor, principal, coach, or other person of authority” and inserting the phrase88
184184 89
185185 authority” in its place.90
186186 SUBTITLE B. CRITERIA FOR DETAINING CHILDREN91
187187 Sec. 211. Section 16-2310 of the District of Columbia Official Code is amended as92
188188 follows:93
189189 (a) Subsection (a)(1) is amended to read as follows:94
190190 3
191191 “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
192192 harm, or”.96
193193 (b) Subsection (a-1) is amended to read as follows:97
194194 “(a-l)(l) There shall be a rebuttable presumption that detention is required to protect the98
195195 person or property of others or of the child if the judicial officer finds by a substantial probability99
196196 that the child:100
197197 “(A) Committed a dangerous crime or a crime of violence; or101
198198 “(B) Committed CPWL, carrying a pistol without a license.102
199199 “(2) For the purposes of this subsection, the terms “dangerous crime” and “crime103
200200 of violence” shall have the same meanings as provided in section 23-1331.”.104
201201 TITLE III. ILLEGAL DISCHARGE OF A FIREARM; POSSESSION OF FIREARM105
202202 AND AMMUNITION PENALTIES106
203203 Sec. 301. An Act To control the possession, sale, transfer and use of pistols and other107
204204 dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of108
205205 evidence, and for other purposes, approved July 8, 1932 (47 Stat. 650; D.C. Official Code § 22-109
206206 4501.01 et seq.\ is amended as follows:110
207207 (a) Section 3 (D.C. Official Code § 22-4503) is amended as follows:111
208208 (1) A new subsection (a-1) is added read as follows:112
209209 “(a-l)( 1) It shall be unlawful for any person knowingly to possess or receive any firearm113
210210 which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered.114
211211 “(2) It shall be unlawful for any person to receive, possess, conceal, store, barter,
212212 115
213213 stolen ammunition, or pledge or accept as security for a
214214 116
215215 4
216216 sell, or dispose of any stolen firearm or loan any stolen firearm or stolen ammunition, knowing or having reasonable cause to believe117
217217 118that the firearm or ammunition was stolen.”.
218218 (2) A new subsection (c-1) is added to read as follows:119
219219 “(c-1) A person who violates subsection (a-1) of this section shall upon conviction be120
220220 fined not more than the amount set forth in section 101 of the Criminal Fine Proportionality121
221221 Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-122
222222 3571.01), or imprisoned not less than 2 years nor more than 5 years, or both.”.123
223223 (b) Section 3a (D.C. Official Code § 22-4503.01) is amended as follows:124
224224 (1) The existing text is designated as subsection (a).125
225225 (2) A new subsection (b) is added to read as follows:126
226226 “(b) A person who violates this section shall upon conviction be fined no more than the127
227227 amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012,128
228228 effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or imprisoned for129
229229 130
230230 (c) Section 14(c) (D.C. Official Code § 22-4514(c)) is amended to read as follows:131
231231 “(c) Whoever violates this section shall be punished as provided in section 15 of132
232232 this act unless:133
233233 “(1) The violation involves possession of a machine gun, sawed-off
234234 134
235235 shotgun, or ghost gun, in which case such person shall be imprisoned for not more than 5 years,135
236236 fined not more than the amount set forth in section 101 of the Criminal Fine Proportionality136
237237 Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-137
238238 3571.01), or both; or138
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240240 no more than 2 years, or both.”. “(2) The violation occurs after such person has been convicted in the139
241241 District of Columbia of a violation of this section, or of a felony, either in the District of140
242242 Columbia or in another jurisdiction, in which case such person shall be imprisoned for not more141
243243 than 10 years, fined not more than the amount set forth in section 101 of the Criminal Fine142
244244 Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C.143
245245 Official Code § 22-3571.01), or both.”.144
246246 Sec. 302. Section 706 of the Firearms Control Regulations Act of 1975, effective145
247247 September 24, 1976 (D.C. Law 1-85; D.C. Official Code § 7-2507.06), is amended as follows:146
248248 (a) Subsection (a) is amended as follows:147
249249 (1) Paragraph (3) is amended as follows:148
250250 (A) Subparagraph (A) is amended by striking the phrase “A person” and149
251251 inserting the phrase “Notwithstanding paragraph (4) of this subsection, a person” in its place.150
252252 (B) Subparagraph (B) is repealed.151
253253 (2) A new paragraph (5) is added to read as follows:152
254254 153
255255 sale, or make available for sale, in violation of section 501 of this act shall be fined not more154
256256 than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of155
257257 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), oi156
258258 157
259259 (3) A new paragraph (6) is added to read as follows:158
260260 (6) A person convicted of possessing ammunition in violation of section 601(a)
261261 159
262262 of this act after having been convicted in any court of a crime punishable by imprisonment for a
263263 160
264264 161
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266266 imprisoned for not less than 2 years nor more than 10 years, or both.”.
267267 “(5) A person convicted of possessing a firearm with an intent to sell, offer for
268268 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
269269 317; D.C. Official Code § 22-3571.01), imprisoned for not more than 1 year, or both.”163
270270 (b) Subsection (b) is amended by adding a new paragraph (1A) to read as follows:164
271271 “(1 A) The administrative disposition provided for in this subsection shall not be165
272272 available to any person who has previously been convicted of any felony in the District or166
273273 elsewhere.”.167
274274 TITLE IV. PENALTY ENHANCEMENTS168
275275 SUBTITLE A. VULNERABLE ADULTS169
276276 Sec. 401. Enhanced penalties for crimes against vulnerable adults.170
277277 (a) Any person who commits171
278278 or 23-1331(4) against a vulnerable adult may be punished by a fine of up to one and 1/2 times172
279279 the maximum fine otherwise authorized for the offense and may be imprisoned for a term of up173
280280 174
281281 both.175
282282 (b) It is an affirmative defense that the accused knew or reasonably believed that the176
283283 177
284284 178
285285 This defense shall be established by a preponderance of the evidence.179
286286 (c) For the purposes of this section, the term “vulnerable adult” means a person who is 18180
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288288 182
289289 person, property, or legal interests.183
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291291 years of age or older and has one or more physical or mental limitations that substantially
292292 impairs the person’s ability to independently provide for their daily needs oi safeguaid their
293293 an offense enumerated in D.C. Official Code § 23-1331(3)
294294 victim was not a vulnerable adult at the time of the offense, or could not have known or
295295 to one and 1/2 times the maximum term of imprisonment otherwise authorized for the offense, or
296296 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
297297 185PASSENGERS AND RECREATION CENTER USERS; TRANSPORTATION PROVIDERS
298298 Sec. 411. The Taxicab Drivers Protection Act of 2000, effective June 9, 2001 (D.C. Law186
299299 13-307; D.C. Official Code § 22-3751 et seq.), is amended as follows:187
300300 (a) Section 2 (D.C. Official Code § 22-3751) is amended to read as follows:188
301301 “Sec. 2. Enhanced penalties for offenses committed against transportation providers.189
302302 “(a) Any person who commits an offense listed in section 3 of this act against a190
303303 transportation provider in the District of Columbia may be punished by a fine of up to one and191
304304 1/2 times the maximum fine otherwise authorized for the offense and may be imprisoned for a192
305305 term of up to one and 1/2 times the maximum term of imprisonment otherwise authorized for the193
306306 offense, or both.194
307307 “(b) For the purposes of this section, the term “transportation provider” means a person195
308308 who operates within the District of Columbia a public vchicle-for-hire or private vchicle-for-hirc,196
309309 as those terms are defined in section 4 of the District of Columbia Taxicab Commission197
310310 Establishment Act of 1985 (D.C. Law 6-97; D.C. Official Code § 50-301.03).”.198
311311 (b) Section 2a (D.C. Official Code § 22-3751.01) is amended as follows:199
312312 (1) The heading is amended to read as follows:200
313313 “Sec. 2a. Enhanced penalties for offenses committed against transit operators, Metrorail201
314314 station managers and Metrorail station employees.”.202
315315 (2) Subsection (a) is amended to read as follows:203
316316 “(a) Any person who commits an offense enumerated in section 3 of this act against a204
317317 transit operator, who, at the time of the offense, is authorized to operate and is operating a mass205
318318 transit vehicle in the District of Columbia, or against a Metrorail station manager or Metrorail206
319319 8 station employee while on duty in the District of Columbia, may be punished by a fine of up to207
320320 one and 1/2 times the maximum fine otherwise authorized for the offense and may be imprisoned208
321321 for a term of up to one and 1/2 times the maximum term of imprisonment otherwise authorized209
322322 by the offense, or both.”.210
323323 (3) A new subsection (a-1) is added to read as follows:211
324324 “(a-1) Any person who commits an offense enumerated in D.C. Official Code § 23-212
325325 1331(3) or 23-1331(4) against a passenger of a mass transit vehicle may be punished by a fine of213
326326 up to one and 1/2 times the maximum fine otherwise authorized for the offense and may be214
327327 imprisoned for a term of up to one and 1/2 times the maximum term of imprisonment otherwise215
328328 authorized by the offense, or both.”.216
329329 (4) Subsection (b) is amended as follows:217
330330 (A) A new paragraph (1A) is added to read as follows:218
331331 219
332332 for the Washington Metropolitan Area Transit Authority or works in a Metrorail station.220
333333 (B) A new paragraph (2A) is added to read as follows:221
334334 “(2A) “Passenger” means a person who is traveling on a mass transit vehicle or
335335 222
336336 waiting at a marked mass transit vehicle boarding location, such223
337337 station.”.224
338338 Sec. 412. Section 4 of the Transit Operator Protection and Enhanced Penalty Amendment
339339 225
340340 226
341341 amended as follows:227
342342 (a) The section header is amended to read as follows:228
343343 9
344344 Act of 2008, effective July 23, 2008 (D.C. Law 17-206; D.C. Official Code § 35-261), is
345345 as a bus stop or Mctrorail
346346 “(1 A) “Metrorail station employee” means any person who performs a services “Sec. 4. Notice of enhanced penalties for commission of offenses against transit229
347347 operators, Metrorail station managers, Metrorail station employees, and mass transit vehicle230
348348 passengers.”.231
349349 (b) Subsection (a)(1) is amended to read as follows:232
350350 “(a)(1) The Washington Metropolitan Area Transit Authority shall post or otherwise233
351351 provide conspicuous notice of the enhanced penalties for the commission of certain offenses234
352352 235
353353 transit vehicle passengers in the District of Columbia pursuant to section 2a of the Taxicab236
354354 Drivers Protection Act of 2000, effective July 23, 2008 (D.C. Law 17-206; D.C. Official Code §237
355355 22-3751.01), on all Metrobus buses and Metrorail trains operating in the District of Columbia,238
356356 and at or near all Metrorail station kiosks within the District of Columbia.”.239
357357 Sec. 413. Title II of the District of Columbia Theft and White Collar Crimes Act of 1982,240
358358 effective December 1, 1982 (D.C. Law 4-164; D.C. Official Code § 22-3601 et seq.\ is amended241
359359 by adding a new section 203 to read as follows:242
360360 “Sec. 203. Enhanced penalty for committing certain dangerous and violent crimes against243
361361 244
362362 “(a) Any person who commits an offense enumerated in D.C. Official Code § 23-245
363363 1331(3) or 23-1331(4) against another person while located246
364364 Director of the Department of Parks and Recreation may be punished by a fine of up to one and247
365365 248
366366 term of up to one and 1/2 times the maximum term of imprisonment otherwise authorized by the249
367367 offense, or both.”250
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369369 against transit operators, Metrorail station managers, Metrorail station employees, and mass
370370 a person at a Department of Parks and Recreation property.
371371 on a property administered by the
372372 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
373373 area, facility, or building, and the associated grounds, parking lot, and adjacent areas in public252
374374 space, including sidewalks and streets.”.253
375375 TITLE V. REBUTTABLE PRESUMPTION; GPS DATA FOR PROSECUTION254
376376 255
377377 follows:256
378378 (a) Section 23-1303(d) is amended by adding a new sentence at the end to read as257
379379 follows:258
380380 “Any information obtained from a device, as that term is defined in section 103(a)(2) of259
381381 the Omnibus Public Safety and Justice Amendment Act of 2009, effective December 10, 2009260
382382 (D.C. Law 18-88; D.C. Official Code § 22-1211(a)(2)), that a person is required to wear while261
383383 incarcerated or committed, while subject to a protection order, or while on pretrial release,262
384384 presentence release, predisposition release, supervised release, probation, or parole shall be263
385385 admissible on the issue of guilt in any judicial proceeding.”.264
386386 (b) Section 23-1322(c) is amended as follows:265
387387 (1) Paragraph (7) is amended by striking the phrase “; or” and inserting a266
388388 semicolon in its place.267
389389 (2) Paragraph (8) is amended by striking the period at the end and inserting the
390390 268
391391 phrase “; and” in its place.269
392392 (3) A new paragraph (9) is added to read as follows:270
393393 “(9) Committed a crime of violence, as that term is defined in § 23-1331(4), and
394394 271
395395 has previously been convicted of a crime of violence.”272
396396 TITLE VI. GPS DATA FOR PERSONS UNDER SUPERVISION273
397397 11
398398 Sec. 501. Chapter 13 of Title 23 of the District of Columbia Official Code is amended as Sec. 601. Supervisory agency participation required.274
399399 (a) Supervisory agencies responsible for pretrial services, parole, probation, or offender275
400400 supervision shall, upon request of the Metropolitan Police Department, provide the Metropolitan276
401401 Police Department with location and identification data collected from any detection device that277
402402 a person is required to wear while incarcerated or committed, while subject to a protection order,278
403403 or while on pretrial release, presentence release, predisposition release, supervised release,279
404404 probation, or parole that is deemed by the Chief of Police as necessary in conducting a criminal280
405405 law enforcement investigation.281
406406 (b) For purposes of this section, the term:282
407407 (1) “Device” shall have the same meaning as in section 103(a)(2) of the Omnibus283
408408 Public Safety and Justice Amendment Act of 2009, effective December 10, 2009 (D.C. Law 18-284
409409 88; D.C. Official Code § 22-1211(a)(2)); and285
410410 (2) “Supervisory agencies” shall include the following agencies:286
411411 (A) Court Services and Offender Supervision Agency;287
412412 (B) Department of Youth Rehabilitation Services;288
413413 (C) Social Services Division of the District of Columbia Superior Court;289
414414 and290
415415 (D) Pretrial Services Agency.291
416416 TITLE VII. STRANGULATION292
417417 Sec. 701. Section 806(a)(2) of An Act To establish a code of law for the District of293
418418 Columbia, approved March 3, 1901 (31 Stat. 1322; D.C. Official Code § 22-404(a)(2)), is294
419419 amended to read as follows:295
420420 12 “(2)(A) Whoever unlawfully assaults, or threatens another in a menacing manner,296
421421 and intentionally, knowingly, or recklessly causes significant bodily injury to another shall be297
422422 fined not more than the amount set forth in section 101 of the Criminal Fine Proportionality298
423423 Amendment Act of 2012, effective June 11,2013 (D.C. Law 19-317; D.C. Official Code § 22-299
424424 3571.01), or be imprisoned not more than 3 years, or both.300
425425 “(B) For the purposes of this paragraph, the terms shall have the following301
426426 meanings302
427427 “(i) “Significant bodily injury” shall mean:303
428428 “(I) An injury that requires hospitalization or immediate304
429429 medical attention;305
430430 “(II) An injury that causes any loss of consciousness; or
431431 306
432432 “(III) A contusion, petechia, or other bodily injury,307
433433 including physical pain, physical injury, illness, or impairment of physical condition, to the neck308
434434 309
435435 “(ii) “Strangulation or suffocation” shall mean a restriction of
436436 310
437437 normal breathing or circulation of the blood by applying pressure on the throat, neck, or chest, or
438438 311
439439 by obstructing the nose or mouth.”.312
440440 TITLE VIII. PRIVATE SECURITY CAMERA SYSTEM INCENTIVE PROGRAM
441441 313
442442 Sec. 801. Section 214 of the Neighborhood Engagement Achieves Results Amendment314
443443 Act of 2016, effective June 30, 2016 (D.C. Law 21-125; D.C. Official Code § 7-283), is
444444 315
445445 amended follows:316
446446 (a) Subsection (c)(1) is amended to read as follows:317
447447 13
448448 or head sustained during strangulation or suffocation. 318 “(1) Upon approval of a rebate claim submitted pursuant to subsection (b) of this
449449 section, the Program shall provide a rebate, provided, that the amount of the rebate shall not be319
450450 more than the purchase price of the system.320
451451 (b) Subsection (f) is amended as follows:321
452452 (1) Paragraph (3) is amended by striking the phrase and” and inserting a322
453453 semicolon in its place.323
454454 (2) Paragraph (4) is amended by striking the period at the end and inserting the324
455455 phrase and” in its place.325
456456 (3) A new paragraph (5) is added to read as follows:326
457457 “(5) The maximum amount of rebate available to an individual, entity, and327
458458 address.”.328
459459 TITLE IX. CRIMINAL JUSTICE COORDINATING COUNCIL329
460460 Sec. 901. Section 1501 of the Criminal Justice Coordinating Council for the District of330
461461 Columbia Establishment Act of 2011, effective October 3, 2001 (D.C. Law 14-28; D.C. Official331
462462 Code § 22-4234), is amended by adding a new subsection (b-5) to read as follows:332
463463 “(b-5) By October 1, 2023 and on a quarterly basis thereafter, the CJCC shall submit to333
464464 its website a report that includes, for all CJCC members,334
465465 the following information, in accordance with existing law:335
466466 process and outcome of programs,
467467 336
468468 including diversion; and337
469469 “(2) Aggregate outcomes of alternative dispositions and sentencing agreements.”.
470470 338
471471 TITLE X. DNA SAMPLE COLLECTION339
472472 14
473473 the Mayor and the Council and post on
474474 “(1) Aggregate programmatic data on See. 1001. The DNA Sample Collection Act of 2001, effective November 3, 2001 (D.C.340
475475 Law 14-52; D.C. Official Code § 22-4151), is amended as follows:341
476476 (a) A new subsection (a-1) is added to read:342
477477 “(a-1) The Metropolitan Police Department (“MPD”) shall collect DNA samples from343
478478 individuals who are arrested, facing charges, or convicted of the following offenses:344
479479 (1) First degree sexual abuse, enumerated in section 201 of the Anti-Sexual Abuse345
480480 Act of 1994, effective May 23, 1995 (D.C. Law 10-257; D.C. Official Code § 22-3002);346
481481 (2) First degree child sexual abuse, enumerated in section 207 of the Anti-Sexual347
482482 Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; D.C. Official Code § 22-3008);348
483483 (3) First degree sexual abuse of a minor, enumerated in section 208a of the Anti-349
484484 Sexual Abuse Act of 1994, effective April 24, 2007 (D.C. Law 16-306; D.C. Official Code § 22-350
485485 3009.01);351
486486 (4) First degree sexual abuse of a secondary education student, enumerated in352
487487 section 208c of the Anti-Sexual Abuse Act of 1994, effective October 23, 2010 (D.C. Law 18-353
488488 239; D.C. Official Code § 22-3009.03);354
489489 (5) First degree sexual abuse of a ward, patient, client, or prisoner, enumerated in355
490490 section 212 of the Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257;356
491491 D.C. Official Code § 22-3013); or357
492492 358
493493 the Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; D.C. Official359
494494 Code § 22-3015).360
495495 (b) A new subsection (a-2) is added to read:361
496496 15
497497 (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
498498 crime enumerated in subsection (a-1) of this section, MPD shall furnish each DNA sample363
499499 collected to the appropriate entity to perform a DNA analysis on each such DNA sample and364
500500 include the results in the Combined DNA Index System (CODIS).”.365
501501 TITLE XI. INCARCERATION REDUCTION AMENDMENT ACT366
502502 Sec. 1101. Section 3c of An Act to Establish a Board of Indeterminate Sentence and367
503503 Parole for the District of Columbia and to determine its functions, and for other purposes,368
504504 effective April 4, 2016 (D.C. Law 21-238; D.C. Official Code § 24-403.03), is amended as369
505505 370
506506 follows:
507507 (a) Subsection (a) is amended by striking the word “shall” and inserting the word “may”371
508508 in its place.372
509509 (b) Subsection (c) is amended as follows:373
510510 (1) Paragraph (2) is amended to read as follows:374
511511 “(2) The nature of the offense and the history and characteristics of the375
512512 defendant;”.376
513513 (2) Paragraph (4) is amended to read as follows:377
514514 “(4) The position of the United States Attorney;”.378
515515 (3) Paragraph (5) is amended to read as follows:379
516516 “(5) Whether the defendant has demonstrated maturity, rehabilitation, remorse,
517517 380
518518 and a fitness to reenter society sufficient to justify a sentence reduction;”.381
519519 (4) Paragraph (6) is amended by striking the semicolon and inserting the phrase
520520 382
521521 “or a community impact statement provided pursuant to § 23-1904(f)(1);” in its place.
522522 383
523523 (5) Paragraph (10) is amended to read as follows:384
524524 16 385 “(10) The diminished culpability of juveniles and persons under age 25, as
525525 compared to that of older adults, and the hallmark features of youth, including immaturity,386
526526 impetuosity, and failure to appreciate risks and consequences, which counsel against sentencing387
527527 them to lengthy terms in prison, and the defendant’s personal circumstances that support an388
528528 aging out of crime; and”.389
529529 TITLE XII. FISCAL IMPACT AND EFFECTIVE DATE.390
530530 Sec 1201. Fiscal impact statement.391
531531 The Council adopts the fiscal impact statement in the committee report as the fiscal392
532532 impact statement required by section 4a of the General Legislative Procedures Act of 1975,393
533533 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).394
534534 Sec. 1202. Effective date.395
535535 This act shall take effect following approval by the Mayor (or in the event of veto by the396
536536 Mayor, action by the Council to override the veto), a 60-day period of congressional review as397
537537 provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December398
538538 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)), and publication in the District of399
539539 Columbia Register.400
540540 17 Legal Counsel Division
541541 MEMORANDUM
542542 TO:
543543 FROM:
544544 May 15, 2023DATE:
545545 RE:
546546 1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004 Phone (202) 724-5524 Email: mcgan.bi-owdcr@de.gov
547547 Megan D. Browder
548548 Deputy Attorney General
549549 Legal Counsel Division
550550 GOVERNMENT OF THE DISTRICT OF COLUMBIA
551551 OFFICE OF THE ATTORNEY GENERAL
552552 Safer Stronger 2.0 Act of 2023
553553 (AE-23-082)
554554 This is to Certify that the Office of the Attorney General has reviewed the
555555 legislation entitled the “Safer Stronger 2.0 Act of 2023” and determined that it is legally sufficient. If
556556 you
557557 have any questions, please do not hesitate to call me at (202) 724-5524.
558558 Megan D. Browder
559559 Tommy Wells
560560 Director
561561 Office of Policy and Legislative Affairs