Old | New | Differences | |
---|---|---|---|
1 | - | ENROLLED ORIGINAL | |
1 | + | ENGROSSED ORIGINAL | |
2 | + | ||
2 | 3 | ||
3 | 4 | ||
4 | 5 | 1 | |
5 | 6 | ||
6 | 7 | ||
7 | 8 | ||
8 | - | AN ACT | |
9 | - | ||
10 | - | ____________ | |
11 | - | ||
12 | - | I N T H E C O U N C I L O F T H E D I S T R I C T O F C O L U M B I A | |
13 | - | ||
14 | - | _______________________________ | |
15 | - | ||
16 | - | ||
17 | - | To provide for public safety enhancements in the District, and for other purposes. | |
18 | - | ||
19 | - | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this | |
20 | - | act may be cited as the “Secure DC Omnibus Amendment Act of 2024”. | |
21 | - | ||
22 | - | Sec. 2. The Office of the Deputy Mayor for Public Safety and Justice Establishment Act | |
23 | - | of 2011, effective September 14, 2011 (D.C. Law 19-21; D.C. Official Code § 1-301.191 et | |
24 | - | seq.), is amended as follows: | |
25 | - | (a) Section 3022(c)(6) (D.C. Official Code § 1-301.191(c)(6)) is repealed. | |
26 | - | (b) Section 3023 (D.C. Official Code § 1-301.192) is amended by adding a new | |
27 | - | subsection (c) to read as follows: | |
28 | - | “(c)(1) The Deputy Mayor shall establish a Safe Commercial Corridors Program, under | |
29 | - | which the Deputy Mayor shall have authority to issue grants to eligible organizations, as | |
30 | - | described in paragraph (2) of this subsection, for the purpose of promoting public safety and | |
31 | - | health through evidence-based activities for residents, workers, and visitors within the area | |
32 | - | served by the organization and the surrounding area (“commercial district”). | |
33 | - | “(2) To be eligible for a grant under this subsection, an organization shall: | |
34 | - | “(A) Serve the District’s residents, workers, business owners, property | |
35 | - | owners, and visitors of a commercial corridor in the District; and | |
36 | - | “(B) Engage in the maintenance of public and commercial spaces in the | |
37 | - | District. | |
38 | - | “(3) An organization seeking a grant under this subsection shall submit to the | |
39 | - | Deputy Mayor a proposed Safe Commercial Corridors Program application, in a form prescribed | |
40 | - | by the Deputy Mayor, which shall include: | |
41 | - | “(A) A description of the public safety and health problems faced in the | |
42 | - | commercial district; | |
43 | - | “(B) A Safe Commercial Corridors Program Plan describing how the | |
44 | - | applicant proposes to spend the grant funds in evidence-based ways to address the public safety | |
45 | - | and health problems identified in the application and to promote improvements in public safety | |
46 | - | and health in the commercial district; ENROLLED ORIGINAL | |
47 | - | ||
48 | - | ||
9 | + | A B I L L 1 | |
49 | 10 | 2 | |
50 | - | ||
51 | - | ||
52 | - | ||
53 | - | “(C) A Clean Hands certification; and | |
54 | - | “(D) Any additional information requested by the Deputy Mayor. | |
55 | - | “(4) A Safe Commercial Corridors Program Plan may include the following | |
56 | - | activities: | |
57 | - | “(A) Relationship-building with residents, workers, businesses, and | |
58 | - | regular visitors; | |
59 | - | “(B) Connecting residents, workers, visitors, and businesses with | |
60 | - | resources available through District government agencies and direct service providers; | |
61 | - | “(C) Providing safe passage for individuals who request accompaniment | |
62 | - | walking to transit or their vehicles; | |
63 | - | “(D) Assisting business owners with improvements to their security and | |
64 | - | safety systems and protocols; | |
65 | - | “(E) Responding to individuals with substance use disorders and | |
66 | - | implementing harm-reduction strategies; | |
67 | - | “(F) Implementing de-escalation techniques; | |
68 | - | “(G) Deterring crime and public safety violations; | |
69 | - | “(H) Liaising with residents, workers, businesses, visitors, District public | |
70 | - | safety and health agencies, direct service providers in the community, and others as appropriate; | |
71 | - | “(I) Providing culturally competent services and programming; and | |
72 | - | “(J) Implementing other innovative strategies to promote public safety. | |
73 | - | “(5) Organizations receiving funds pursuant to this subsection shall endeavor to | |
74 | - | coordinate with other organizations receiving funds pursuant to this subsection and to share | |
75 | - | results and lessons learned from implementation of a Safe Commercial Corridors Program and | |
76 | - | other public safety efforts implemented by the organization. | |
77 | - | “(6) A grant awarded pursuant to this subsection may be used to pay for the costs | |
78 | - | of: | |
79 | - | “(A) Salary and fringe benefits for staff; | |
80 | - | “(B) Equipment, training, training materials, uniforms, first aid and other | |
81 | - | medical materials and equipment, and other materials and equipment for purposes of | |
82 | - | implementing the Safe Commercial Corridors Program; and | |
83 | - | “(C) Other costs that support improved public safety and health pursuant | |
84 | - | to the Safe Commercial Corridors Program Plan. | |
85 | - | “(7) An organization receiving a grant pursuant to this subsection shall submit a | |
86 | - | report to the Deputy Mayor by the end of each fiscal year in which funds are received containing | |
87 | - | the following: | |
88 | - | “(A) An evaluation of the success of its Safe Commercial Corridors | |
89 | - | Program, including a detailed description of the program activities; | |
90 | - | “(B) A description of any training or support provided to program staff; | |
91 | - | “(C) A summary of the number and types of interactions between program ENROLLED ORIGINAL | |
11 | + | 25-345 3 | |
12 | + | 4 | |
13 | + | I N T H E C O U N C I L O F T H E D I S T R I C T O F C O L U M B I A 5 | |
14 | + | 6 | |
15 | + | _______________________________ 7 | |
16 | + | 8 | |
17 | + | 9 | |
18 | + | To provide for public safety enhancements in the District, and for other purposes. 10 | |
19 | + | 11 | |
20 | + | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 12 | |
21 | + | act may be cited as the “Secure DC Omnibus Amendment Act of 2024”. 13 | |
22 | + | Sec. 2. The Office of the Deputy Mayor for Public Safety and Justice Establishment Act 14 | |
23 | + | of 2011, effective September 14, 2011 (D.C. Law 19-21; D.C. Official Code § 1-301.191 et 15 | |
24 | + | seq.), is amended as follows: 16 | |
25 | + | (a) Section 3022(c)(6) (D.C. Official Code § 1-301.191(c)(6)) is repealed. 17 | |
26 | + | (b) Section 3023 (D.C. Official Code § 1-301.192) is amended by adding a new 18 | |
27 | + | subsection (c) to read as follows: 19 | |
28 | + | “(c)(1) The Deputy Mayor shall establish a Safe Commercial Corridors Program, under 20 | |
29 | + | which the Deputy Mayor shall have authority to issue grants to eligible organizations, as 21 | |
30 | + | described in paragraph (2) of this subsection, for the purpose of promoting public safety and 22 | |
31 | + | health through evidence-based activities for residents, workers, and visitors within the area 23 | |
32 | + | served by the organization and the surrounding area (“commercial district”). 24 | |
33 | + | “(2) To be eligible for a grant under this subsection, an organization shall: 25 ENGROSSED ORIGINAL | |
34 | + | ||
35 | + | ||
36 | + | ||
37 | + | 2 | |
38 | + | ||
39 | + | ||
40 | + | ||
41 | + | “(A) Serve the District’s residents, workers, business owners, property 26 | |
42 | + | owners, and visitors of a commercial corridor in the District; and 27 | |
43 | + | “(B) Engage in the maintenance of public and commercial spaces in the 28 | |
44 | + | District. 29 | |
45 | + | “(3) An organization seeking a grant under this subsection shall submit to the 30 | |
46 | + | Deputy Mayor a proposed Safe Commercial Corridors Program application, in a form prescribed 31 | |
47 | + | by the Deputy Mayor, which shall include: 32 | |
48 | + | “(A) A description of the public safety and health problems faced in the 33 | |
49 | + | commercial district; 34 | |
50 | + | “(B) A Safe Commercial Corridors Program Plan describing how the 35 | |
51 | + | applicant proposes to spend the grant funds in evidence-based ways to address the public safety 36 | |
52 | + | and health problems identified in the application and to promote improvements in public safety 37 | |
53 | + | and health in the commercial district; 38 | |
54 | + | “(C) A Clean Hands certification; and 39 | |
55 | + | “(D) Any additional information requested by the Deputy Mayor. 40 | |
56 | + | “(4) A Safe Commercial Corridors Program Plan may include the following 41 | |
57 | + | activities: 42 | |
58 | + | “(A) Relationship-building with residents, workers, businesses, and 43 | |
59 | + | regular visitors; 44 ENGROSSED ORIGINAL | |
60 | + | ||
92 | 61 | ||
93 | 62 | ||
94 | 63 | 3 | |
95 | 64 | ||
96 | 65 | ||
97 | 66 | ||
98 | - | staff and residents, visitors, businesses, and other individuals; | |
99 | - | “(D) Evidence indicating the impact of the program activities on public | |
100 | - | safety and health indicators; and | |
101 | - | “(E) Any other data or information as required by the Deputy Mayor.”. | |
102 | - | (b) A new section 3024 is added to read as follows: | |
103 | - | “Sec. 3024. Transit corridor safety and emergency response program. | |
104 | - | “(a) No later than 180 days after the applicability date of section 2 of the Secure DC | |
105 | - | Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of | |
106 | - | Bill 25-345), the Deputy Mayor for Public Safety and Justice (“Deputy Mayor”), in consultation | |
107 | - | with the District Department of Transportation (“DDOT”), Metropolitan Police Department | |
108 | - | (“MPD”), and the Metro Transit Police Department (“MTPD”), shall establish a 2-year | |
109 | - | demonstration program of emergency communication and video surveillance systems at or near | |
110 | - | bus stops, train stations, or other public spaces to increase safety along transit routes in the | |
111 | - | District. | |
112 | - | “(b)(1) The emergency communication and video surveillance systems shall promptly | |
113 | - | connect an individual to emergency response services, and audio and video captured by the | |
114 | - | emergency communication and video surveillance systems may be used to identify violators of | |
115 | - | District criminal law. | |
116 | - | “(2) The audio and video captured by the emergency communication and video | |
117 | - | surveillance systems shall be deleted after 30 calendar days, unless the footage relates to a | |
118 | - | violation of criminal law, in which case it shall be retained consistent with MPD’s retention | |
119 | - | policies for body-worn camera footage. | |
120 | - | “(3) The audio and video captured by the emergency communication and video | |
121 | - | surveillance systems shall not be subject to the Freedom of Information Act of 1976, effective | |
122 | - | March 29, 1977 (D.C. Law 1-96; D.C. Official Code § 2-531 et seq.), and shall not be released | |
123 | - | publicly, except as needed for use as evidence in criminal proceedings. Upon public release, the | |
124 | - | Mayor shall ensure the privacy of those identified in the footage through protective measures, | |
125 | - | including the blurring of faces of individuals who were not involved in incidents related to the | |
126 | - | criminal proceedings. | |
127 | - | “(c) As part of the implementation of the demonstration program, the Deputy Mayor | |
128 | - | shall: | |
129 | - | “(1) Evaluate various emergency communication and video surveillance station | |
130 | - | configurations to identify the most appropriate device for use in the District; | |
131 | - | “(2) Select locations for placement of emergency communication and video | |
132 | - | surveillance systems in consultation with MPD, MTPD, and DDOT; provided, that: | |
133 | - | “(A) Priority shall be given to locations with a higher incidence of: | |
134 | - | “(i) Late-night or early morning ridership; and | |
135 | - | “(ii) Harassment, theft, or violent offenses; and | |
136 | - | “(B) At least one emergency communication and video surveillance ENROLLED ORIGINAL | |
67 | + | “(B) Connecting residents, workers, visitors, and businesses with 45 | |
68 | + | resources available through District government agencies and direct service providers; 46 | |
69 | + | “(C) Providing safe passage for individuals who request accompaniment 47 | |
70 | + | walking to transit or their vehicles; 48 | |
71 | + | “(D) Assisting business owners with improvements to their security and 49 | |
72 | + | safety systems and protocols; 50 | |
73 | + | “(E) Responding to individuals with substance use disorders and 51 | |
74 | + | implementing harm-reduction strategies; 52 | |
75 | + | “(F) Implementing de-escalation techniques; 53 | |
76 | + | “(G) Deterring crime and public safety violations; 54 | |
77 | + | “(H) Liaising with residents, workers, businesses, visitors, District public 55 | |
78 | + | safety and health agencies, direct service providers in the community, and others as appropriate; 56 | |
79 | + | “(I) Providing culturally competent services and programming; and 57 | |
80 | + | “(J) Implementing other innovative strategies to promote public safety. 58 | |
81 | + | “(5) Organizations receiving funds pursuant to this subsection shall endeavor to 59 | |
82 | + | coordinate with other organizations receiving funds pursuant to this subsection and to share 60 | |
83 | + | results and lessons learned from implementation of a Safe Commercial Corridors Program and 61 | |
84 | + | other public safety efforts implemented by the organization. 62 | |
85 | + | “(6) A grant awarded pursuant to this subsection may be used to pay for the costs 63 ENGROSSED ORIGINAL | |
86 | + | ||
137 | 87 | ||
138 | 88 | ||
139 | 89 | 4 | |
140 | 90 | ||
141 | 91 | ||
142 | 92 | ||
143 | - | system shall be installed in each ward; | |
144 | - | “(3) Provide a report to the Council describing how the location for each | |
145 | - | emergency communication and video surveillance system was selected; | |
146 | - | “(4) Install signs providing notice, in the 5 most commonly spoken languages in | |
147 | - | the District, at locations where an emergency communication and video surveillance system is | |
148 | - | installed, informing members of the public that audio and video footage is being recorded; and | |
149 | - | “(5) Collect appropriate data on the effectiveness of the emergency | |
150 | - | communication and video surveillance system, including how often the emergency | |
151 | - | communication stations were activated, whether audio or video information captured from the | |
152 | - | systems led to the successful identification of perpetrators of criminal offenses, and whether | |
153 | - | incidents of criminal offenses decreased at or near the emergency communication and video | |
154 | - | surveillance system locations following the installation of the emergency communication and | |
155 | - | video surveillance system. | |
156 | - | “(d) No later than 60 days after the conclusion of the 2-year demonstration program | |
157 | - | required by subsection (a) of this section, DDOT shall submit a report on the results of the | |
158 | - | demonstration program to the Council. The report shall include: | |
159 | - | “(1) The locations, date, and timestamps for when the emergency communication | |
160 | - | stations were used; | |
161 | - | “(2) The total number of arrests made due to the conduct recorded or otherwise | |
162 | - | identified by the emergency communication and video surveillance systems; and | |
163 | - | “(3) The expenses incurred by the District to implement the demonstration | |
164 | - | program. | |
165 | - | “(e) The Deputy Mayor shall provide for routine maintenance and repair of emergency | |
166 | - | communication stations and video surveillance technology in accordance with recommendations | |
167 | - | from the manufacturers. | |
168 | - | “(f) An operator of an emergency communication and video surveillance system shall | |
169 | - | have completed training in the procedures for the installation, testing, and operation of the | |
170 | - | device. | |
171 | - | “(g) The demonstration program shall use video technology that has the capacity to | |
172 | - | record images at a minimum of 15 frames per second or equivalent recording speed and at a | |
173 | - | resolution sufficient to clearly identify persons, objects, and locations monitored by the camera. | |
174 | - | “(h) Within 6 months after the applicability date of section 2 of the Secure DC Omnibus | |
175 | - | Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25- | |
176 | - | 345), the Deputy Mayor, in consultation with DDOT, MPD, and MTPD, shall initiate a study on | |
177 | - | the prevalence of violence and crime that occurs at bus stops, train stations, and other public | |
178 | - | spaces in the District and identify and evaluate short-term and long-term strategies for reducing | |
179 | - | crime in those locations. Within one year after the applicability date of section 2 of the Secure | |
180 | - | DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled | |
181 | - | version of Bill 25-345), the Deputy Mayor shall provide to the Council a report on the study, ENROLLED ORIGINAL | |
93 | + | of: 64 | |
94 | + | “(A) Salary and fringe benefits for staff; 65 | |
95 | + | “(B) Equipment, training, training materials, uniforms, first aid and other 66 | |
96 | + | medical materials and equipment, and other materials and equipment for purposes of 67 | |
97 | + | implementing the Safe Commercial Corridors Program; and 68 | |
98 | + | “(C) Other costs that support improved public safety and health pursuant 69 | |
99 | + | to the Safe Commercial Corridors Program Plan. 70 | |
100 | + | “(7) An organization receiving a grant pursuant to this subsection shall submit a 71 | |
101 | + | report to the Deputy Mayor by the end of each fiscal year in which funds are received containing 72 | |
102 | + | the following: 73 | |
103 | + | “(A) An evaluation of the success of its Safe Commercial Corridors 74 | |
104 | + | Program, including a detailed description of the program activities; 75 | |
105 | + | “(B) A description of any training or support provided to program staff; 76 | |
106 | + | “(C) A summary of the number and types of interactions between program 77 | |
107 | + | staff and residents, visitors, businesses, and other individuals; 78 | |
108 | + | “(D) Evidence indicating the impact of the program activities on public 79 | |
109 | + | safety and health indicators; and 80 | |
110 | + | “(E) Any other data or information as required by the Deputy Mayor.”. 81 | |
111 | + | (b) A new section 3024 is added to read as follows: 82 ENGROSSED ORIGINAL | |
112 | + | ||
182 | 113 | ||
183 | 114 | ||
184 | 115 | 5 | |
185 | 116 | ||
186 | 117 | ||
187 | 118 | ||
188 | - | including recommendations on the feasibility, efficacy, and environmental impact of the | |
189 | - | identified violence-reducing strategies and a cost-benefit analysis of identified strategies that | |
190 | - | includes a detailed cost breakdown for implementing each recommended strategy across the | |
191 | - | financial plan. | |
192 | - | “(i) No later than 180 days after the applicability date section 2 of the Secure DC | |
193 | - | Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of | |
194 | - | Bill 25-345), the Mayor, pursuant to Title I of the District of Columbia Administrative Procedure | |
195 | - | Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue | |
196 | - | rules to implement the provisions of this section. | |
197 | - | “(j) For the purposes of this section, the term: | |
198 | - | “(1) “Bus stop” means any stop, either permanent or temporary, that is part of the | |
199 | - | Metrobus, DC Circulator, or Streetcar lines within the bounds of the District. | |
200 | - | “(2) “Emergency communication and video surveillance system” means an | |
201 | - | emergency communication station affixed with or in close proximity to continuous video | |
202 | - | surveillance technology operated by, or accessible to, the Metropolitan Police Department. | |
203 | - | “(3) “Emergency communication station” means a fixed station, illuminated by a | |
204 | - | bright blue or other colored light beacon, that features an alarm button that, when pressed, | |
205 | - | communicates directly with an Office of Unified Communications emergency call center. | |
206 | - | “(4) “Operator of an emergency communication and video surveillance system” | |
207 | - | means a person authorized to set up, test, or operate an emergency communication and video | |
208 | - | surveillance system. | |
209 | - | ||
210 | - | Sec. 3. The Office of Unified Communications Establishment Act of 2004, effective | |
211 | - | December 7, 2004 (D.C. Law 15-205; D.C. Official Code § 1-327.51 et seq.), is amended by | |
212 | - | adding new sections 3207b and 3207c to read as follows: | |
213 | - | “Sec. 3207b. Call data collection and posting. | |
214 | - | “(a) On a monthly basis, the Office shall collect and publicly post on the Office’s website | |
215 | - | the number of calls eligible to be diverted and the number of calls actually diverted to: | |
216 | - | “(1) The Department of Behavioral Health Access Help Line; | |
217 | - | “(2) The District Department of Transportation, for motor vehicle collisions that | |
218 | - | do not result in an injury; | |
219 | - | “(3) The Department of Public Works (“DPW”), for parking enforcement; and | |
220 | - | “(4) The Fire and Emergency Medical Services Department (“FEMS”) Nurse | |
221 | - | Triage Line. | |
222 | - | “(b) On a monthly basis, the Office shall collect and publicly post the following | |
223 | - | information on the Office’s website: | |
224 | - | “(1) Descriptions of each call-handling issue, including mistaken addresses, | |
225 | - | duplicate responses, or any other error or omission reported by the Council, other agencies, the | |
226 | - | news media, OUC staff, or other sources, as well as the cause of the issue, whether the issue was ENROLLED ORIGINAL | |
119 | + | “Sec. 3024. Transit corridor safety and emergency response program. 83 | |
120 | + | “(a) No later than 180 days after the applicability date of section 2 of the Secure DC 84 | |
121 | + | Omnibus Amendment Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed 85 | |
122 | + | version of Bill 25-345), the Deputy Mayor for Public Safety and Justice (“Deputy Mayor”), in 86 | |
123 | + | consultation with the District Department of Transportation (“DDOT”), Metropolitan Police 87 | |
124 | + | Department (“MPD”), and the Metro Transit Police Department (“MTPD”), shall establish a 2-88 | |
125 | + | year demonstration program of emergency communication and video surveillance systems at or 89 | |
126 | + | near bus stops, train stations, or other public spaces to increase safety along transit routes in the 90 | |
127 | + | District. 91 | |
128 | + | “(b)(1) The emergency communication and video surveillance systems shall promptly 92 | |
129 | + | connect an individual to emergency response services, and audio and video captured by the 93 | |
130 | + | emergency communication and video surveillance systems may be used to identify violators of 94 | |
131 | + | District criminal law. 95 | |
132 | + | “(2) The audio and video captured by the emergency communication and video 96 | |
133 | + | surveillance systems shall be deleted after 30 calendar days, unless needed for use as evidence in 97 | |
134 | + | criminal proceedings. 98 | |
135 | + | “(3) The audio and video captured by the emergency communication and video 99 | |
136 | + | surveillance systems shall not be subject to the Freedom of Information Act of 1976, effective 100 | |
137 | + | March 29, 1977 (D.C. Law 1-96; D.C. Official Code § 2-531 et seq.), and shall not be released 101 ENGROSSED ORIGINAL | |
138 | + | ||
227 | 139 | ||
228 | 140 | ||
229 | 141 | 6 | |
230 | 142 | ||
231 | 143 | ||
232 | 144 | ||
233 | - | sustained, and the corrective action taken by the Office; | |
234 | - | “(2) The number of shifts operated under minimum staffing levels, for call-takers, | |
235 | - | dispatchers, and supervisors, including the difference between the minimum staffing level for | |
236 | - | each role required per shift and the actual number of staff members for each role on a shift; | |
237 | - | “(3) Average and maximum call-to-answer times; | |
238 | - | “(4) Average and maximum answer-to-dispatch times; | |
239 | - | “(5) Percent of 911 calls in which call to queue is 90 seconds or less; | |
240 | - | “(6) The total number of calls; | |
241 | - | “(7) The number of calls in the queue for over 15 seconds; | |
242 | - | “(8) The number of abandoned calls, defined as any call that is disconnected | |
243 | - | before it is answered; | |
244 | - | “(9) The number and type of 911 misuse calls; | |
245 | - | “(10) The number of text-to-911 messages received; | |
246 | - | “(11) Average and maximum queue-to-dispatch and dispatch-to-arrival times for | |
247 | - | Priority 1 calls to Fire and Emergency Services (“FEMS”) and Priority 1 calls to the | |
248 | - | Metropolitan Police Department (“MPD”); | |
249 | - | “(12) The percentage of Priority 1 calls to FEMS and Priority 1 calls to MPD that | |
250 | - | move from queue to dispatch in 60 seconds or less; | |
251 | - | “(13) Average and maximum time of call to arrival on the scene times for Priority | |
252 | - | 1 calls to FEMS and MPD; and | |
253 | - | “(14) The percentage of emergency medical services calls that lead to dispatch of | |
254 | - | advanced life support. | |
255 | - | “(c) All data posted according to this section shall be archived and publicly posted for at | |
256 | - | least 5 years from the date of publication. | |
257 | - | “Sec. 3207c. 311 services. | |
258 | - | “(a) No later than 180 days after the effective date of the Secure DC Omnibus | |
259 | - | Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25- | |
260 | - | 345), the Office shall permit persons to submit requests for the following services via the | |
261 | - | District’s 311 system at all times: | |
262 | - | “(1) Maintenance of porous flexible pavement sidewalks by the District | |
263 | - | Department of Transportation (by selecting “porous flexible pavement” as the material within the | |
264 | - | “Sidewalk Repair” service group); | |
265 | - | “(2) Leaf collection by the Department of Public Works (“DPW”); except, that | |
266 | - | the Office shall not be required to permit persons to submit requests for this service during | |
267 | - | seasons in which DPW does not offer this service; and | |
268 | - | “(3) Graffiti removal by DPW; except, that the Office shall not be required to | |
269 | - | permit persons to submit requests for this service during seasons in which DPW does not offer | |
270 | - | this service. ENROLLED ORIGINAL | |
145 | + | publicly, except as needed for use as evidence in criminal proceedings. Upon public release, the 102 | |
146 | + | Mayor shall ensure the privacy of those identified in the footage through protective measures, 103 | |
147 | + | including the blurring of faces of individuals who were not involved in incidents related to the 104 | |
148 | + | criminal proceedings. 105 | |
149 | + | “(c) As part of the implementation of the demonstration program, the Deputy Mayor 106 | |
150 | + | shall: 107 | |
151 | + | “(1) Evaluate various emergency communication and video surveillance station 108 | |
152 | + | configurations to identify the most appropriate device for use in the District; 109 | |
153 | + | “(2) Select locations for placement of emergency communication and video 110 | |
154 | + | surveillance systems in consultation with MPD, MTPD, and DDOT; provided, that: 111 | |
155 | + | “(A) Priority shall be given to locations with a higher incidence of: 112 | |
156 | + | “(i) Late-night or early morning ridership; and 113 | |
157 | + | “(ii) Harassment, theft, or violent offenses; and 114 | |
158 | + | “(B) At least one emergency communication and video surveillance 115 | |
159 | + | system shall be installed in each ward; 116 | |
160 | + | “(3) Provide a report to the Council describing how the location for each 117 | |
161 | + | emergency communication and video surveillance system was selected; 118 | |
162 | + | “(4) Install signs providing notice, in the 5 most commonly spoken languages in 119 | |
163 | + | the District, at locations where an emergency communication and video surveillance system is 120 ENGROSSED ORIGINAL | |
164 | + | ||
271 | 165 | ||
272 | 166 | ||
273 | 167 | 7 | |
274 | 168 | ||
275 | 169 | ||
276 | 170 | ||
277 | - | “(b) No later than 180 days after the effective date of the Secure DC Omnibus | |
278 | - | Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25- | |
279 | - | 345), the Office shall facilitate referrals and access to the relevant servicing entities for the | |
280 | - | following request-types, such as through the posting of website links or contact information, and | |
281 | - | the Office may include a disclaimer that the referral does not commit the Office to back-end | |
282 | - | work or quality assurance for completion of the service request: | |
283 | - | “(1) Maintenance of electrical wires; | |
284 | - | “(2) Maintenance of utility poles; | |
285 | - | “(3) Maintenance of fire hydrants; and | |
286 | - | “(4) Alcoholic Beverage and Cannabis Administration response to issues relating | |
287 | - | to alcohol sales, including: | |
288 | - | “(A) After-hours sales of alcohol; | |
289 | - | “(B) Breach of a settlement agreement; | |
290 | - | “(C) No Alcoholic Beverage Control (“ABC”) manager on duty; | |
291 | - | “(D) Excessive noise; | |
292 | - | “(E) Operating without an ABC license; | |
293 | - | “(F) Overcrowding; | |
294 | - | “(G) Sale of alcohol to intoxicated persons; | |
295 | - | “(H) Sale of alcohol to minors; and | |
296 | - | “(I) Trash. | |
297 | - | “(c) No later than 180 days after the effective date of the Secure DC Omnibus | |
298 | - | Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25- | |
299 | - | 345), the Office shall direct 311 system users to the National Park Service website when a user | |
300 | - | provides a property location that is under National Park Service jurisdiction.”. | |
301 | - | ||
302 | - | Sec. 4. The Department of Youth Rehabilitation Services Establishment Act of 2004, | |
303 | - | effective April 12, 2005 (D.C. Law 15-335; D.C. Official Code § 2-1515.01 et seq.), is amended | |
304 | - | as follows: | |
305 | - | (a) Section 101 (D.C. Official Code § 2-1515.01) is amended as follows: | |
306 | - | (1) New paragraphs (9A) and (9B) are added to read as follows: | |
307 | - | “(9A) “Hardware secure facility” means a congregate care facility with | |
308 | - | construction features and a staffing model designed to physically restrict the movements and | |
309 | - | activities of youth who are detained pending a final disposition of a petition. | |
310 | - | “(9B) “Law enforcement officer” means a sworn member of the Metropolitan | |
311 | - | Police Department or any other law enforcement agency operating and authorized to make | |
312 | - | arrests in the District of Columbia.”. | |
313 | - | (2) A new paragraph (11A) is added to read as follows: | |
314 | - | “(11A) “Staff secure facility” means a foster home or congregate care facility in | |
315 | - | the community in which the movements and activities of individual youth residents may be ENROLLED ORIGINAL | |
171 | + | installed, informing members of the public that audio and video footage is being recorded; and 121 | |
172 | + | “(5) Collect appropriate data on the effectiveness of the emergency 122 | |
173 | + | communication and video surveillance system, including how often the emergency 123 | |
174 | + | communication stations were activated, whether audio or video information captured from the 124 | |
175 | + | systems led to the successful identification of perpetrators of criminal offenses, and whether 125 | |
176 | + | incidents of criminal offenses decreased at or near the emergency communication and video 126 | |
177 | + | surveillance system locations following the installation of the emergency communication and 127 | |
178 | + | video surveillance system. 128 | |
179 | + | “(d) No later than 60 days after the conclusion of the 2-year demonstration program 129 | |
180 | + | required by subsection (a) of this section, DDOT shall submit a report on the results of the 130 | |
181 | + | demonstration program to the Council. The report shall include: 131 | |
182 | + | “(1) The locations, date, and timestamps for when the emergency communication 132 | |
183 | + | stations were used; 133 | |
184 | + | “(2) The total number of arrests made due to the conduct recorded or otherwise 134 | |
185 | + | identified by the emergency communication and video surveillance systems; and 135 | |
186 | + | “(3) The expenses incurred by the District to implement the demonstration 136 | |
187 | + | program. 137 | |
188 | + | “(e) The Deputy Mayor shall provide for routine maintenance and repair of emergency 138 ENGROSSED ORIGINAL | |
189 | + | ||
316 | 190 | ||
317 | 191 | ||
318 | 192 | 8 | |
319 | 193 | ||
320 | 194 | ||
321 | 195 | ||
322 | - | restricted or subject to control through the use of a staff supervision model as well as through | |
323 | - | reasonable rules restricting entrance to and egress from the facility. A staff secure facility does | |
324 | - | not contain construction features designed to physically restrict the movements and activities of | |
325 | - | youth who are in its custody.”. | |
326 | - | (b) Section 106 (D.C. Official Code § 2-1515.06) is amended as follows: | |
327 | - | (1) Subsection (a) is amended as follows: | |
328 | - | (A) Paragraph (1) is amended by striking the phrase “youth in the | |
329 | - | custody” and inserting the phrase “youth who are currently in or were previously in the custody” | |
330 | - | in its place. | |
331 | - | (B) Paragraph (5) is amended by striking the phrase “youth in the custody” | |
332 | - | and inserting the phrase “youth who are currently in or were previously in the custody” in its | |
333 | - | place. | |
334 | - | (2) Subsection (c) is amended to read as follows: | |
335 | - | “(c) Notwithstanding the confidentiality requirements of this section, or any other | |
336 | - | provision of law, the Mayor, or the Mayor’s designee, any member of the Council, the Office of | |
337 | - | the Attorney General, the District of Columbia Auditor, and the District of Columbia Inspector | |
338 | - | General shall be permitted to obtain the records pertaining to youth who are currently in or were | |
339 | - | previously in the custody of the Department regardless of the source of the information contained | |
340 | - | in those records, when necessary for the discharge of their duties; provided, that the Department | |
341 | - | data is maintained, transmitted, and stored in a manner to protect the security and privacy of the | |
342 | - | youth identified and to prevent the disclosure of any of the data or information to any individual, | |
343 | - | entity, or agency not designated pursuant to subsection (b) of this section.”. | |
344 | - | (3) Subsection (d) is amended to read as follows: | |
345 | - | “(d) Notwithstanding the confidentiality requirements of this section, or any other | |
346 | - | provision of law, a law enforcement officer may obtain records pertaining to youth who are | |
347 | - | currently or were previously in the custody of the Department, other than juvenile case records, | |
348 | - | as that term is defined in D.C. Official Code § 16-2331(a), and juvenile social records, as that | |
349 | - | term is defined in D.C. Official Code § 16-2332(a), for the purpose of investigating a crime | |
350 | - | allegedly involving a youth in the custody of the Department. The confidentiality of any | |
351 | - | information disclosed to law enforcement officers pursuant to this section shall be maintained | |
352 | - | pursuant to D.C. Official Code § 16-2333.”. | |
353 | - | (4) New subsections (e) through (h) are added to read as follows: | |
354 | - | “(e)(1) The Department shall inform the Attorney General, and the committed youth’s | |
355 | - | counsel, in advance: | |
356 | - | “(A) As soon as is practicable, each time a committed youth is released | |
357 | - | from a hardware or staff secure facility, regardless of the length of release; and | |
358 | - | “(B) Within 24 hours, each time a committed youth: | |
359 | - | “(i) Escapes from a hardware secure facility or a staff secure | |
360 | - | facility; or ENROLLED ORIGINAL | |
196 | + | communication stations and video surveillance technology in accordance with recommendations 139 | |
197 | + | from the manufacturers. 140 | |
198 | + | “(f) An operator of an emergency communication and video surveillance system shall 141 | |
199 | + | have completed training in the procedures for the installation, testing, and operation of the 142 | |
200 | + | device. 143 | |
201 | + | “(g) The demonstration program shall use video technology that has the capacity to 144 | |
202 | + | record images at a minimum of 15 frames per second or equivalent recording speed and at a 145 | |
203 | + | resolution sufficient to clearly identify persons, objects, and locations monitored by the camera. 146 | |
204 | + | “(h) Within 6 months after the applicability date of section 2 of the Secure DC Omnibus 147 | |
205 | + | Amendment Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed version of Bill 148 | |
206 | + | 25-345), the Deputy Mayor, in consultation with DDOT, MPD, and MTPD, shall initiate a study 149 | |
207 | + | on the prevalence of violence and crime that occurs at bus stops, train stations, and other public 150 | |
208 | + | spaces in the District and identify and evaluate short-term and long-term strategies for reducing 151 | |
209 | + | crime in those locations. Within one year after the applicability date of section 2 of the Secure 152 | |
210 | + | DC Omnibus Amendment Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed 153 | |
211 | + | version of Bill 25-345), the Deputy Mayor shall provide to the Council a report on the study, 154 | |
212 | + | including recommendations on the feasibility, efficacy, and environmental impact of the 155 | |
213 | + | identified violence-reducing strategies and a cost-benefit analysis of identified strategies that 156 ENGROSSED ORIGINAL | |
214 | + | ||
361 | 215 | ||
362 | 216 | ||
363 | 217 | 9 | |
364 | 218 | ||
365 | 219 | ||
366 | 220 | ||
367 | - | “(ii) Absconds from a community placement. | |
368 | - | “(2) This subsection shall not apply to any youth who is committed only for a | |
369 | - | status offense. | |
370 | - | “(f) Notwithstanding subsection (a)(5) of this section, unless the release of the | |
371 | - | information is otherwise prohibited by law or the information relates to medical, dental, or | |
372 | - | mental health appointments, the Attorney General, at the Attorney General’s discretion, may | |
373 | - | disclose information received from the Department pursuant to subsection (e) of this section to: | |
374 | - | “(1) Any victim, any eyewitness, or any duly authorized attorney of any victim or | |
375 | - | witness; | |
376 | - | “(2) Any immediate family member or custodian of any victim or eyewitness, if | |
377 | - | the victim or eyewitness is a child or if the victim is deceased or incapacitated, or any duly | |
378 | - | authorized attorney of such immediate family member or custodian; or | |
379 | - | “(3) The parent or guardian of the committed youth. | |
380 | - | “(g) Neither the Department’s failure to timely inform the Attorney General or committed | |
381 | - | youth’s counsel pursuant to subsection (e)(1) of this section nor the Attorney General’s decision | |
382 | - | to disclose information pursuant to subsection (f) of this section shall serve as the basis for | |
383 | - | delaying the release of a committed youth from a hardware secure facility or staff secure facility. | |
384 | - | “(h) No person shall disclose, inspect, or use records in violation of this section. A | |
385 | - | violation of this section shall constitute a violation of D.C. Official Code § 16-2336.”. | |
386 | - | ||
387 | - | Sec. 5. Section 204(d-1) of the Freedom of Information Act of 1976, effective March 29, | |
388 | - | 1977 (D.C. Law 1-96; D.C. Official Code § 2-534(d-1)), is amended as follows: | |
389 | - | (a) Paragraph (2)(A) is amended by striking the phrase “the name of the officer” and | |
390 | - | inserting the phrase “the name and badge number of the officer” in its place. | |
391 | - | (b) Paragraph (3) is amended to read as follows: | |
392 | - | “(3) When providing records or information related to disciplinary records, the | |
393 | - | responding public body may redact: | |
394 | - | “(A) Technical infractions solely pertaining to the enforcement of | |
395 | - | administrative departmental rules that do not involve interactions with members of the public | |
396 | - | and are not otherwise connected to the officer’s investigative, enforcement, training, supervision, | |
397 | - | or reporting responsibilities; | |
398 | - | “(B) The officer’s medical records; | |
399 | - | “(C) Records created or maintained by an employee assistance program of | |
400 | - | the officer’s treatment, including mental health treatment, substance abuse treatment service, | |
401 | - | counseling, or therapy; | |
402 | - | “(D) Personal contact information, including home addresses, telephone | |
403 | - | numbers, and email addresses; | |
404 | - | “(E) Any social security numbers or dates of birth; ENROLLED ORIGINAL | |
221 | + | includes a detailed cost breakdown for implementing each recommended strategy across the 157 | |
222 | + | financial plan. 158 | |
223 | + | “(i) No later than 180 days after the applicability date section 2 of the Secure DC 159 | |
224 | + | Omnibus Amendment Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed 160 | |
225 | + | version of Bill 25-345), the Mayor, pursuant to Title I of the District of Columbia Administrative 161 | |
226 | + | Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), 162 | |
227 | + | shall issue rules to implement the provisions of this section. 163 | |
228 | + | “(j) For the purposes of this section, the term: 164 | |
229 | + | “(1) “Bus stop” means any stop, either permanent or temporary, that is part of the 165 | |
230 | + | Metrobus, DC Circulator, or Streetcar lines within the bounds of the District. 166 | |
231 | + | “(2) “Emergency communication and video surveillance system” means an 167 | |
232 | + | emergency communication station affixed with or in close proximity to continuous video 168 | |
233 | + | surveillance technology operated by, or accessible to, the Metropolitan Police Department. 169 | |
234 | + | “(3) “Emergency communication station” means a fixed station, illuminated by a 170 | |
235 | + | bright blue or other colored light beacon, that features an alarm button that, when pressed, 171 | |
236 | + | communicates directly with an Office of Unified Communications emergency call center. 172 | |
237 | + | “(4) “Operator of an emergency communication and video surveillance system” 173 | |
238 | + | means a person authorized to set up, test, or operate an emergency communication and video 174 | |
239 | + | surveillance system. 175 ENGROSSED ORIGINAL | |
240 | + | ||
405 | 241 | ||
406 | 242 | ||
407 | 243 | 10 | |
408 | 244 | ||
409 | 245 | ||
410 | 246 | ||
411 | - | “(F) Any records or information that, if released, would disclose the | |
412 | - | identity of whistleblowers, complainants, victims, witnesses, undercover agents, or informants; | |
413 | - | and | |
414 | - | “(G) Any other records or information otherwise exempt from disclosure | |
415 | - | under this section other than subsection (a)(2) of this section.”. | |
416 | - | ||
417 | - | Sec. 6. The Advisory Commission on Sentencing Establishment Act of 1998, effective | |
418 | - | October 16, 1998 (D.C. Law 12-167; D.C. Official Code § 3-101 et seq.), is amended as follows: | |
419 | - | (a) Section 3(a) (D.C. Official Code § 3-102(a)) is amended as follows: | |
420 | - | (1) The lead-in language is amended by striking the phrase “12 voting members” | |
421 | - | and inserting the phrase “15 voting members” in its place. | |
422 | - | (2) Paragraph (1) is amended as follows: | |
423 | - | (A) Subparagraph (G) is amended to read as follows: | |
424 | - | “(G) Two members of the District of Columbia Bar, one who has | |
425 | - | experience with criminal defense in the District of Columbia, and one who has experience with | |
426 | - | criminal prosecution in the District of Columbia, appointed by the Chief Judge of the Superior | |
427 | - | Court in consultation with the President of the District of Columbia Bar;”. | |
428 | - | (B) Subparagraph (H) is amended by striking the phrase “; and” and | |
429 | - | inserting a semicolon in its place. | |
430 | - | (C) Subparagraph (I) is amended to read as follows: | |
431 | - | “(I) Two residents of the District of Columbia, nominated by the Mayor, | |
432 | - | subject to confirmation by the Council;”. | |
433 | - | (D) New subparagraphs (I-i) and (I-ii) are added to read as follows: | |
434 | - | “(I-i) Two residents of the District of Columbia, appointed by the Council, | |
435 | - | one of whom is a returning citizen, and one of whom has been a victim of a crime of violence | |
436 | - | and who has a background in victim’s rights or services; and | |
437 | - | “(I-ii) The Chief of the Metropolitan Police Department or the Chief’s | |
438 | - | designee.”. | |
439 | - | (3) Paragraph (2) is amended as follows: | |
440 | - | (A) Subparagraph (B) is repealed. | |
441 | - | (B) Subparagraph (D) is amended by striking the phrase “; and” and | |
442 | - | inserting a semicolon in its place. | |
443 | - | (C) Subparagraph (E) is amended by striking the period and inserting the | |
444 | - | phrase “; and” in its place. | |
445 | - | (D) A new subparagraph (F) is added to read as follows: | |
446 | - | “(F) The Deputy Mayor for Public Safety and Justice or the Deputy | |
447 | - | Mayor’s designee.”. | |
448 | - | (b) Section 4 (D.C. Official Code § 3-103) is amended as follows: | |
449 | - | (1) Subsection (b) is amended to read as follows: ENROLLED ORIGINAL | |
247 | + | Sec. 3. The Office of Unified Communications Establishment Act of 2004, effective 176 | |
248 | + | December 7, 2004 (D.C. Law 15-205; D.C. Official Code § 1-327.51 et seq.), is amended by 177 | |
249 | + | adding new sections 3207b and 3207c to read as follows: 178 | |
250 | + | “Sec. 3207b. Call data collection and posting. 179 | |
251 | + | “(a) On a monthly basis, the Office shall collect and publicly post on the Office’s website 180 | |
252 | + | the number of calls eligible to be diverted and the number of calls actually diverted to: 181 | |
253 | + | “(1) The Department of Behavioral Health Access Help Line; 182 | |
254 | + | “(2) The District Department of Transportation, for motor vehicle collisions that 183 | |
255 | + | do not result in an injury; 184 | |
256 | + | “(3) The Department of Public Works (“DPW”), for parking enforcement; and 185 | |
257 | + | “(4) The Fire and Emergency Medical Services Department (“FEMS”) Nurse 186 | |
258 | + | Triage Line. 187 | |
259 | + | “(b) On a monthly basis, the Office shall collect and publicly post the following 188 | |
260 | + | information on the Office’s website: 189 | |
261 | + | “(1) Descriptions of each call-handling issue, including mistaken addresses, 190 | |
262 | + | duplicate responses, or any other error or omission reported by the Council, other agencies, the 191 | |
263 | + | news media, OUC staff, or other sources, as well as the cause of the issue, whether the issue was 192 | |
264 | + | sustained, and the corrective action taken by the Office; 193 | |
265 | + | “(2) The number of shifts operated under minimum staffing levels, for call-takers, 194 ENGROSSED ORIGINAL | |
266 | + | ||
450 | 267 | ||
451 | 268 | ||
452 | 269 | 11 | |
453 | 270 | ||
454 | 271 | ||
455 | 272 | ||
456 | - | “(b) A majority of the voting members appointed to the Commission shall constitute a | |
457 | - | quorum.”. | |
458 | - | (2) Subsection (c) is amended to read as follows: | |
459 | - | “(c) The Commission may act by an affirmative vote of a majority of voting members | |
460 | - | present and voting after a quorum has been established.”. | |
461 | - | ||
462 | - | Sec. 7. Section 7(a)(1) of the Victims of Violent Crime Compensation Act of 1996, | |
463 | - | effective April 9, 1997 (D.C. Law 11-243; D.C. Official Code § 4-506(a)(1)), is amended as | |
464 | - | follows: | |
465 | - | (a) Subparagraph (C) is amended as follows: | |
466 | - | (1) Strike the word “resolution” and insert the phrase “filing or resolution” in its | |
467 | - | place. | |
468 | - | (2) Strike the phrase “; or” and insert a semicolon in its place. | |
469 | - | (b) Subparagraph (D) is amended as follows: | |
470 | - | (1) Strike the word “resolution” and insert the phrase “filing or resolution” in its | |
471 | - | place. | |
472 | - | (2) Strike the phrase “; and” and insert the phrase “; or” in its place. | |
473 | - | (c) A new subparagraph (E) is added to read as follows: | |
474 | - | “(E) The filing or resolution of any other post-conviction motion in which | |
475 | - | the claimant was a victim or secondary victim; and”. | |
476 | - | ||
477 | - | Sec. 8. Section 3022 of the Office of Victim Services and Justice Grants Transparency | |
478 | - | Act of 2022, effective September 21, 2022 (D.C. Law 24-167; D.C. Official Code § 4-571.01), is | |
479 | - | amended by adding a new subsection (c) to read as follows: | |
480 | - | “(c) No later than 60 days after the effective date of the Secure DC Omnibus Amendment | |
481 | - | Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345), and | |
482 | - | annually thereafter, OVSJG shall publish information regarding the work of the Victim Services | |
483 | - | Division, including: | |
484 | - | “(1) The number of victims engaged each month; | |
485 | - | “(2) The number of victims who accepted service each month; | |
486 | - | “(3) The services recommended to the victims each month; and | |
487 | - | “(4) A summary of collected feedback from victims and their families on their | |
488 | - | experiences with victim services and coordination efforts.”. | |
489 | - | ||
490 | - | Sec. 9. Section 201(c) of the Expanding Supports for Crime Victims Amendment Act of | |
491 | - | 2022, effective April 6, 2023 (D.C. Law 24-341, D.C. Official Code § 4-581.01(c)), is amended | |
492 | - | as follows: | |
493 | - | (a) Paragraph (4)(C) is amended by striking the phrase “; and” and inserting a semicolon | |
494 | - | in its place. ENROLLED ORIGINAL | |
273 | + | dispatchers, and supervisors, including the difference between the minimum staffing level for 195 | |
274 | + | each role required per shift and the actual number of staff members for each role on a shift; 196 | |
275 | + | “(3) Average and maximum call-to-answer times; 197 | |
276 | + | “(4) Average and maximum answer-to-dispatch times; 198 | |
277 | + | “(5) Percent of 911 calls in which call to queue is 90 seconds or less; 199 | |
278 | + | “(6) The total number of calls; 200 | |
279 | + | “(7) The number of calls in the queue for over 15 seconds; 201 | |
280 | + | “(8) The number of abandoned calls, defined as any call that is disconnected 202 | |
281 | + | before it is answered; 203 | |
282 | + | “(9) The number and type of 911 misuse calls; 204 | |
283 | + | “(10) The number of text-to-911 messages received; 205 | |
284 | + | “(11) Average and maximum queue-to-dispatch and dispatch-to-arrival times for 206 | |
285 | + | Priority 1 calls to Fire and Emergency Services (“FEMS”) and Priority 1 calls to the 207 | |
286 | + | Metropolitan Police Department (“MPD”); 208 | |
287 | + | “(12) The percentage of Priority 1 calls to FEMS and Priority 1 calls to MPD that 209 | |
288 | + | move from queue to dispatch in 60 seconds or less; 210 | |
289 | + | “(13) Average and maximum time of call to arrival on the scene times for Priority 211 | |
290 | + | 1 calls to FEMS and MPD; and 212 ENGROSSED ORIGINAL | |
291 | + | ||
495 | 292 | ||
496 | 293 | ||
497 | 294 | 12 | |
498 | 295 | ||
499 | 296 | ||
500 | 297 | ||
501 | - | (b) Paragraph (5) is amended by striking the period and inserting the phrase “; and” in its | |
502 | - | place. | |
503 | - | (c) A new paragraph (6) is added to read as follows: | |
504 | - | “(6) Within 180 days after the applicability date of section 9 of the Secure DC | |
505 | - | Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of | |
506 | - | Bill 25-345), OVSJG shall develop and launch a public awareness campaign to raise awareness | |
507 | - | of the availability of government and community-based victim services to the public and the | |
508 | - | following entities: | |
509 | - | “(A) Hospitals; | |
510 | - | “(B) District of Columbia Public Schools; | |
511 | - | “(C) District of Columbia Public Charter Schools; | |
512 | - | “(D) College and university campuses in the District; | |
513 | - | “(E) The District of Columbia Housing Authority; | |
514 | - | “(F) MPD; and | |
515 | - | “(G) Community-based organizations.”. | |
516 | - | ||
517 | - | Sec. 10. Section 386(c) of the Revised Statutes of the District of Columbia (D.C. Official | |
518 | - | Code § 5-113.01(c)), is amended by adding a new paragraph (1B) to read as follows: | |
519 | - | “(1B) Quarterly, the case closure rates for: | |
520 | - | “(A) Violent crimes, by offense, committed with or without the use of a | |
521 | - | weapon; and | |
522 | - | “(B) Non-fatal shootings.”. | |
523 | - | ||
524 | - | Sec. 11. Section 3004 of the Body-Worn Camera Regulation and Reporting | |
525 | - | Requirements Act of 2015, effective October 22, 2015 (D.C. Law 21-36; D.C. Official Code § 5- | |
526 | - | 116.33), is amended as follows: | |
527 | - | (a) Subsection (e) is amended to read as follows: | |
528 | - | “(e)(1) For any incident involving an officer-involved death or serious use of force, | |
529 | - | officers shall not review any body-worn camera recordings to assist in initial report writing. | |
530 | - | “(2) For an incident other than those described in paragraph (1) of this subsection, | |
531 | - | officers shall indicate, when writing any initial or subsequent reports, whether the officer viewed | |
532 | - | body-worn camera footage prior to writing the report and specify what body-worn camera | |
533 | - | footage the officer viewed.”. | |
534 | - | (b) Subsection (f) is amended to read as follows: | |
535 | - | “(f) When releasing body-worn camera recordings, the likenesses of any local, county, | |
536 | - | state, or federal government law enforcement officers acting in their professional capacities, | |
537 | - | other than those acting undercover, shall not be redacted or otherwise obscured.”. | |
538 | - | (c) Subsection (g) is amended as follows: | |
539 | - | (1) A new paragraph (2A) is added to read as follows: ENROLLED ORIGINAL | |
298 | + | “(14) The percentage of emergency medical services calls that lead to dispatch of 213 | |
299 | + | advanced life support. 214 | |
300 | + | “(c) All data posted according to this section shall be archived and publicly posted for at 215 | |
301 | + | least 5 years from the date of publication. 216 | |
302 | + | “Sec. 3207c. 311 services. 217 | |
303 | + | “(a) No later than 180 days after the effective date of the Secure DC Omnibus 218 | |
304 | + | Amendment Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed version of Bill 219 | |
305 | + | 25-345), the Office shall permit persons to submit requests for the following services via the 220 | |
306 | + | District’s 311 system at all times: 221 | |
307 | + | “(1) Maintenance of porous flexible pavement sidewalks by the District 222 | |
308 | + | Department of Transportation (by selecting “porous flexible pavement” as the material within the 223 | |
309 | + | “Sidewalk Repair” service group); 224 | |
310 | + | “(2) Leaf collection by the Department of Public Works (“DPW”); except, that 225 | |
311 | + | the Office shall not be required to permit persons to submit requests for this service during 226 | |
312 | + | seasons in which DPW does not offer this service; and 227 | |
313 | + | “(3) Graffiti removal by DPW; except, that the Office shall not be required to 228 | |
314 | + | permit persons to submit requests for this service during seasons in which DPW does not offer 229 | |
315 | + | this service. 230 ENGROSSED ORIGINAL | |
316 | + | ||
540 | 317 | ||
541 | 318 | ||
542 | 319 | 13 | |
543 | 320 | ||
544 | 321 | ||
545 | 322 | ||
546 | - | “(2A) “Serious bodily injury” means extreme physical pain, illness, or impairment | |
547 | - | of physical condition including physical injury that involves a substantial risk of death, | |
548 | - | protracted and obvious disfigurement, protracted loss or impairment of the function of a bodily | |
549 | - | member or organ, or protracted loss of consciousness.”. | |
550 | - | (2) Paragraph (3) is amended as follows: | |
551 | - | (A) Subparagraph (A) is amended to read as follows: | |
552 | - | “(A) Firearm discharges by a Metropolitan Police Department officer, | |
553 | - | with the exception of a negligent discharge that does not otherwise put members of the public at | |
554 | - | risk of injury or death, or a range or training incident;”. | |
555 | - | (B) Subparagraph (C)(ii) is amended by striking the phrase “a loss of | |
556 | - | consciousness,” and inserting the phrase “a protracted loss of consciousness,” in its place. | |
557 | - | ||
558 | - | Sec. 12. Section 3(5) of the Limitation on the Use of Chokehold Act of 1985, effective | |
559 | - | January 25, 1986 (D.C. Law 6-77; D.C. Official Code § 5-125.02(5)), is amended to read as | |
560 | - | follows: | |
561 | - | “(5) “Neck restraint” means the use of any body part or object by a law | |
562 | - | enforcement officer to apply pressure against a person’s neck, including the trachea, carotid | |
563 | - | artery, or jugular vein, with the purpose, intent, or effect of controlling or restricting the person’s | |
564 | - | airway, blood flow, or breathing, except in cases where the law enforcement officer is acting in | |
565 | - | good faith to provide medical care or treatment, such as by providing cardiopulmonary | |
566 | - | resuscitation.”. | |
567 | - | ||
568 | - | Sec. 13. Title I of the Comprehensive Policing and Justice Amendment Act of 2022, | |
569 | - | effective April 21, 2023 (D.C. Law 24-345; D.C. Official Code passim), is amended as follows: | |
570 | - | (a) Section 106 (D.C. Official Code § 5-353.01) is amended as follows: | |
571 | - | (1) Subsection (b)(3) is amended by striking the phrase “and no current or prior | |
572 | - | affiliation with” and inserting the phrase “and no current affiliation with” in its place. | |
573 | - | (2) A new subsection (c) is added to read as follows: | |
574 | - | “(c) Notwithstanding any other provision of law, the Metropolitan Police Department | |
575 | - | shall publish the findings of fact and merits determination for all Use of Force Review Board | |
576 | - | investigations on its website.”. | |
577 | - | (b) The lead-in language of section 127(a)(11) (D.C. Official Code § 5-365.01(a)(11)) is | |
578 | - | amended by striking the phrase “a bodily injury or significant bodily injury that involves” and | |
579 | - | inserting the phrase “extreme physical pain, illness, or impairment of physical condition, | |
580 | - | including physical injury that involves” in its place. | |
581 | - | (c) Section 128 (D.C. Official Code § 5-365.02) is amended as follows: | |
582 | - | (1) Subsection (a) is amended as follows: | |
583 | - | (A) Paragraph (1)(B) is amended by striking the phrase “immediate threat” | |
584 | - | and inserting the phrase “imminent threat” in its place. ENROLLED ORIGINAL | |
323 | + | “(b) No later than 180 days after the effective date of the Secure DC Omnibus 231 | |
324 | + | Amendment Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed version of Bill 232 | |
325 | + | 25-345), the Office shall facilitate referrals and access to the relevant servicing entities for the 233 | |
326 | + | following request-types, such as through the posting of website links or contact information, and 234 | |
327 | + | the Office may include a disclaimer that the referral does not commit the Office to back-end 235 | |
328 | + | work or quality assurance for completion of the service request: 236 | |
329 | + | “(1) Maintenance of electrical wires; 237 | |
330 | + | “(2) Maintenance of utility poles; 238 | |
331 | + | “(3) Maintenance of fire hydrants; and 239 | |
332 | + | “(4) Alcoholic Beverage and Cannabis Administration response to issues relating 240 | |
333 | + | to alcohol sales, including: 241 | |
334 | + | “(A) After-hours sales of alcohol; 242 | |
335 | + | “(B) Breach of a settlement agreement; 243 | |
336 | + | “(C) No Alcoholic Beverage Control (“ABC”) manager on duty; 244 | |
337 | + | “(D) Excessive noise; 245 | |
338 | + | “(E) Operating without an ABC license; 246 | |
339 | + | “(F) Overcrowding; 247 | |
340 | + | “(G) Sale of alcohol to intoxicated persons; 248 | |
341 | + | “(H) Sale of alcohol to minors; and 249 ENGROSSED ORIGINAL | |
342 | + | ||
585 | 343 | ||
586 | 344 | ||
587 | 345 | 14 | |
588 | 346 | ||
589 | 347 | ||
590 | 348 | ||
591 | - | (B) Paragraph (2) is amended as follows: | |
592 | - | (i) Subparagraph (A) is amended by striking the phrase “fleeing | |
593 | - | suspect,” and inserting the phrase “fleeing suspect or suspects,” in its place. | |
594 | - | (ii) Subparagraph (B) is amended to read as follows: | |
595 | - | “(B) Under the totality of circumstances, not likely to cause death or | |
596 | - | serious bodily injury to any person, other than to the fleeing suspect or suspects; and”. | |
597 | - | (2) Subsection (c) is amended by adding a new paragraph (3) to read as follows: | |
598 | - | “(3) Nothing in this subsection shall be construed to permit any of the above | |
599 | - | practices or tactics, to the extent they are prohibited by District law or by a law enforcement | |
600 | - | agency.”. | |
601 | - | ||
602 | - | Sec. 14. The Office of Citizen Complaint Review Establishment Act of 1998, effective | |
603 | - | March 26, 1999 (D.C. Law 12-208; D.C. Official Code § 5-1101 et seq.), is amended as follows: | |
604 | - | (a) Section 5(d-2) (D.C. Official Code § 5-1104(d-2)) is amended by adding a new | |
605 | - | paragraph (3) to read as follows: | |
606 | - | “(3) The Executive Director shall keep confidential the identity of any person | |
607 | - | named in any documents transferred from the MPD to the Office pursuant to paragraphs (1) and | |
608 | - | (2) of this subsection.”. | |
609 | - | (b) Section 17(a)(1) (D.C. Official Code § 5-1116(a)(1)) is amended by striking the | |
610 | - | phrase “rank, length of service, and current duty status” and inserting the phrase “rank, race, | |
611 | - | gender, current duty status, and length of service,” in its place. | |
612 | - | ||
613 | - | Sec. 15. The Firearms Control Regulations Act of 1975, effective September 24, 1976 | |
614 | - | (D.C. Law 1-85; D.C. Official Code § 7-2501.01 et seq.), is amended as follows: | |
615 | - | (a) A new section 213a is added to read as follows: | |
616 | - | “Sec. 213a. Sale of self-defense sprays. | |
617 | - | “Notwithstanding any other provision of this act, a person may transfer, offer for sale, | |
618 | - | sell, give, or deliver a self-defense spray to another person in the District for the purposes set | |
619 | - | forth in section 213; provided, that the self-defense spray is propelled from an aerosol container, | |
620 | - | labeled with or accompanied by clearly written instructions as to its use, and dated to indicate its | |
621 | - | anticipated useful life.”. | |
622 | - | (b) Section 601 (D.C. Official Code § 7-2506.01) is amended as follows: | |
623 | - | (1) Subsection (b) is amended to read as follows: | |
624 | - | “(b) No person in the District shall knowingly possess, sell, or transfer any ammunition | |
625 | - | feeding device that is, in fact, a large capacity ammunition feeding device, regardless of whether | |
626 | - | the device is attached to a firearm.”. | |
627 | - | (2) A new subsection (c) is added to read as follows: | |
628 | - | “(c) For the purposes of this section, the term “large capacity ammunition feeding | |
629 | - | device” means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that ENROLLED ORIGINAL | |
349 | + | “(I) Trash. 250 | |
350 | + | “(c) No later than 180 days after the effective date of the Secure DC Omnibus 251 | |
351 | + | Amendment Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed version of Bill 252 | |
352 | + | 25-345), the Office shall direct 311 system users to the National Park Service website when a 253 | |
353 | + | user provides a property location that is under National Park Service jurisdiction.”. 254 | |
354 | + | Sec. 4. The Department of Youth Rehabilitation Services Establishment Act of 2004, 255 | |
355 | + | effective April 12, 2005 (D.C. Law 15-335; D.C. Official Code § 2-1515.01 et seq.), is amended 256 | |
356 | + | as follows: 257 | |
357 | + | (a) Section 101 (D.C. Official Code § 2-1515.01) is amended by adding a new paragraph 258 | |
358 | + | (9A) to read as follows: 259 | |
359 | + | “(9A) “Law enforcement officer” means a sworn member of the Metropolitan 260 | |
360 | + | Police Department or any other law enforcement agency operating and authorized to make 261 | |
361 | + | arrests in the District of Columbia.”. 262 | |
362 | + | (b) Section 106 (D.C. Official Code § 2-1515.06) is amended as follows: 263 | |
363 | + | (1) Subsection (a) is amended as follows: 264 | |
364 | + | (A) Paragraph (1) is amended by striking the phrase “youth in the 265 | |
365 | + | custody” and inserting the phrase “youth who are currently in or were previously in the custody” 266 | |
366 | + | in its place. 267 ENGROSSED ORIGINAL | |
367 | + | ||
630 | 368 | ||
631 | 369 | ||
632 | 370 | 15 | |
633 | 371 | ||
634 | 372 | ||
635 | 373 | ||
636 | - | can be readily restored or converted to accept, more than 10 rounds of ammunition. The term | |
637 | - | “large capacity ammunition feeding device” shall not include an attached tubular device | |
638 | - | designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.”. | |
639 | - | (c) Section 706 (D.C. Official Code § 7-2507.06) is amended as follows: | |
640 | - | (1) Subsection (a) is amended as follows: | |
641 | - | (A) Paragraph (3)(B) is repealed. | |
642 | - | (B) Paragraph (4) is amended by striking the phrase “3 years, or both.” | |
643 | - | and inserting the phrase “3 years, which shall be imposed consecutive to any other sentence of | |
644 | - | incarceration, or both.” in its place. | |
645 | - | (C) A new paragraph (5) is added to read as follows: | |
646 | - | “(5) A person convicted of possessing a firearm with an intent to sell, offer for | |
647 | - | sale, or make available for sale, in violation of section 501, shall be fined no more than the | |
648 | - | amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, | |
649 | - | effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for | |
650 | - | no less than 2 years nor more than 10 years, or both.”. | |
651 | - | (2) Subsection (b) is amended by adding a new paragraph (1A) to read as follows: | |
652 | - | “(1A) The administrative disposition provided for in this subsection shall not be | |
653 | - | available to any person who has previously been convicted of any felony in the District or | |
654 | - | elsewhere.”. | |
655 | - | (d) Section 906(e) (D.C. Official Code § 7-2509.06(e)) is amended as follows: | |
656 | - | (1) Strike the phrase “a licensee” and insert the phrase “a person” in its place. | |
657 | - | (2) Strike the phrase “a licensee’s” and insert the phrase “a person’s” in its place. | |
658 | - | (e) Section 1001(a)(2) (D.C. Official Code § 7-2510.01(a)(2)) is amended as follows: | |
659 | - | (1) Subparagraph (A) is amended by striking the phrase “cohabitating, or | |
660 | - | maintaining a romantic, dating, or sexual relationship” and inserting the phrase “cohabitating, or | |
661 | - | is someone with whom the Respondent is, was, or is seeking to be in a romantic, dating, or | |
662 | - | sexual relationship” in its place. | |
663 | - | (2) Subparagraph (B) is amended to read as follows: | |
664 | - | “(B) Any sworn member of a law enforcement agency operating in the | |
665 | - | District of Columbia; or”. | |
666 | - | (f) Section 1003(b)(1) (D.C. Official Code § 7-2510.03(b)(1)) is amended by striking the | |
667 | - | phrase “respondent by a Metropolitan Police Department officer not fewer than 7 days before the | |
668 | - | hearing” and inserting the phrase “respondent prior to the hearing” in its place. | |
669 | - | (g) Section 1004(h) (D.C. Official Code § 7-2510.04(h)) is amended by striking the | |
670 | - | phrase “good cause shown” and inserting the phrase “good cause shown, or for longer periods if | |
671 | - | all parties consent” in its place. | |
672 | - | (h) Section 1005(a)(1) (D.C. Official Code § 7-2510.05(a)(1)) is amended by striking the | |
673 | - | phrase “by a sworn member of the Metropolitan Police Department” and inserting the phrase “by | |
674 | - | any sworn law enforcement officer, or in open court. Upon a finding of good cause, a judge may ENROLLED ORIGINAL | |
374 | + | (B) Paragraph (5) is amended by striking the phrase “youth in the custody” 268 | |
375 | + | and inserting the phrase “youth who are currently in or were previously in the custody” in its 269 | |
376 | + | place. 270 | |
377 | + | (2) Subsection (c) is amended to read as follows: 271 | |
378 | + | “(c) Notwithstanding the confidentiality requirements of this section, or any other 272 | |
379 | + | provision of law, the Mayor, or the Mayor’s designee, and any member of the Council, shall be 273 | |
380 | + | permitted to obtain the records pertaining to youth who are currently in or were previously in the 274 | |
381 | + | custody of the Department regardless of the source of the information contained in those records, 275 | |
382 | + | when necessary for the discharge of their duties; provided, that the Department data is 276 | |
383 | + | maintained, transmitted, and stored in a manner to protect the security and privacy of the youth 277 | |
384 | + | identified and to prevent the disclosure of any of the data or information to any individual, entity, 278 | |
385 | + | or agency not designated pursuant to subsection (b) of this section.”. 279 | |
386 | + | (3) Subsection (d) is amended to read as follows: 280 | |
387 | + | “(d) Notwithstanding the confidentiality requirements of this section, or any other 281 | |
388 | + | provision of law, a law enforcement officer may obtain records pertaining to youth who are 282 | |
389 | + | currently or were previously in the custody of the Department, other than juvenile case records, 283 | |
390 | + | as that term is defined in D.C. Official Code § 16-2331(a), and juvenile social records, as that 284 | |
391 | + | term is defined in D.C. Official Code § 16-2332(a), for the purpose of investigating a crime 285 | |
392 | + | allegedly involving a youth in the custody of the Department. The confidentiality of any 286 ENGROSSED ORIGINAL | |
393 | + | ||
675 | 394 | ||
676 | 395 | ||
677 | 396 | 16 | |
678 | 397 | ||
679 | 398 | ||
680 | 399 | ||
681 | - | authorize personal service by a person over the age of 18 who is not a sworn law enforcement | |
682 | - | officer” in its place. | |
683 | - | (i) Section 1006 (D.C. Official Code § 7-2510.06) is amended as follows: | |
684 | - | (1) Subsection (a) is amended by striking the phrase “the court shall notify the | |
685 | - | petitioner of the date” and inserting the phrase “the court shall send notice to the petitioner in | |
686 | - | writing of the date” in its place. | |
687 | - | (2) Subsection (c) is amended by striking the phrase “the respondent by a | |
688 | - | Metropolitan Police Department officer not fewer than 21 days before the hearing” and inserting | |
689 | - | the phrase “the respondent prior to the hearing by a person authorized to serve via personal | |
690 | - | service” in its place. | |
691 | - | (j) Section 1013 (D.C. Official Code § 7-2510.13) is amended as follows: | |
692 | - | (1) Subsection (a)(2)(D) is amended to read as follows: | |
693 | - | “(D) “The Johns Hopkins Center for Gun Violence Solutions;”. | |
694 | - | (2) Subsection (c) is amended by striking the phrase “Working Group” and | |
695 | - | inserting the phrase “Working Group, and shall convene the Working Group no later than April | |
696 | - | 1, 2024” in its place. | |
697 | - | (3) Subsection (e) is amended by striking the phrase “January 1, 2023” and | |
698 | - | inserting the phrase “April 1, 2025” in its place. | |
699 | - | (k) New sections 1014, 1015, and 1016 are added to read as follows: | |
700 | - | “Sec. 1014. Public awareness initiatives. | |
701 | - | “By September 1, 2023: | |
702 | - | “(1) The Metropolitan Police Department shall prominently display information | |
703 | - | about extreme risk protection orders, including the petition process, on its website; and | |
704 | - | “(2) The Office of the Attorney General shall develop and implement a public | |
705 | - | awareness campaign to inform residents, professionals, and District government employees | |
706 | - | about extreme risk protection orders, including the petition process. | |
707 | - | “Sec. 1015. Implementation of strategic gun violence reduction strategies. | |
708 | - | “(a)(1) The Metropolitan Police Department (“MPD”) shall facilitate a Law Enforcement | |
709 | - | Shooting Review no less than twice per month to review each shooting in the District that | |
710 | - | occurred since the last Law Enforcement Shooting Review, including non-fatal shootings. | |
711 | - | “(2) The purpose of the Law Enforcement Shooting Reviews shall be to identify | |
712 | - | the potential for retaliation and law enforcement or other government agency contacts or | |
713 | - | interventions with persons involved in the reviewed shootings that may help to prevent | |
714 | - | retaliatory criminal conduct, and then assign responsibilities for immediate contacts or | |
715 | - | interventions. | |
716 | - | “(3) The purpose of the Law Enforcement Shooting Review shall not be to | |
717 | - | discuss information outside the investigative file. To the extent that there is any information | |
718 | - | discussed during the Law Enforcement Shooting Review that is not already included in the | |
719 | - | investigative file, MPD shall document that information in the investigative file. ENROLLED ORIGINAL | |
400 | + | information disclosed to law enforcement officers pursuant to this section shall be maintained 287 | |
401 | + | pursuant to D.C. Official Code § 16-2333.”. 288 | |
402 | + | (4) New subsections (e) and (f) are added to read as follows: 289 | |
403 | + | “(e)(1) The Department shall inform the Attorney General, and the committed youth’s 290 | |
404 | + | counsel, in advance: 291 | |
405 | + | “(A) As soon as is practicable, each time a committed youth is released 292 | |
406 | + | from a hardware or staff secure facility, regardless of the length of release; and 293 | |
407 | + | “(B) Within 24 hours, each time a committed youth: 294 | |
408 | + | “(i) Escapes from a hardware or staff secure placement; or 295 | |
409 | + | “(ii) Absconds from a community placement. 296 | |
410 | + | “(2) This subsection shall not apply to any youth who is committed only for a 297 | |
411 | + | status offense. 298 | |
412 | + | “(f) Notwithstanding subsection (a)(5) of this section, unless the release of the 299 | |
413 | + | information is otherwise prohibited by law or the information relates to medical, dental, or 300 | |
414 | + | mental health appointments, the Attorney General, at the Attorney General’s discretion, may 301 | |
415 | + | disclose information received from the Department pursuant to subsection (e) of this section to: 302 | |
416 | + | “(1) Any victim, any eyewitness, or any duly authorized attorney of any victim or 303 | |
417 | + | witness; 304 ENGROSSED ORIGINAL | |
418 | + | ||
720 | 419 | ||
721 | 420 | ||
722 | 421 | 17 | |
723 | 422 | ||
724 | 423 | ||
725 | 424 | ||
726 | - | “(b) The Deputy Mayor for Public Safety and Justice shall coordinate a Coordination | |
727 | - | Meeting/Intervention Services Shooting Review no less than twice per month to review each | |
728 | - | shooting in the District that occurred since the last Coordination Meeting/Intervention Services | |
729 | - | Shooting Review from a services and response perspective, in order to identify and assign | |
730 | - | government and community partners to outreach and engage those high-risk individuals | |
731 | - | implicated by the shootings. | |
732 | - | “Sec. 1016. Firearm tracing data and accountability report. | |
733 | - | “By February 1 of each year, the Mayor shall submit to the Council and post on the | |
734 | - | Mayor’s website a report that includes the following information, using data from the preceding | |
735 | - | calendar year: | |
736 | - | “(1) The total number of firearms recovered in the District; | |
737 | - | “(2) The location where each firearm was recovered, disaggregated by police | |
738 | - | district; | |
739 | - | “(3) The total number of ghost guns recovered in the District.; | |
740 | - | “(4) To the extent possible, the number of firearms recovered, disaggregated by, if | |
741 | - | available, manufacturer, firearm model, state or country of origin, and the last known point of | |
742 | - | sale, transfer, theft, or loss of such firearm; and | |
743 | - | “(5) To the extent possible, an analysis of purchase patterns with the available | |
744 | - | information from the firearms recovered.”. | |
745 | - | ||
746 | - | Sec. 16. Section 214 of the Neighborhood Engagement Achieves Results Amendment | |
747 | - | Act of 2016, effective June 30, 2016 (D.C. Law 21-125; D.C. Official Code § 7-2831), is | |
748 | - | amended as follows: | |
749 | - | (a) Subsection (a) is amended to read as follows: | |
750 | - | “(a)(1) There is established a Private Security Camera System Incentive Program | |
751 | - | (“Program”), to be administered by the Mayor, to encourage the purchase and installation of the | |
752 | - | following: | |
753 | - | “(A) A security camera system on the exterior of a building owned or | |
754 | - | leased by an individual, business, nonprofit, religious institution, or an entity as that term is | |
755 | - | defined in D.C. Official Code § 29-101.02(10); | |
756 | - | “(B) A security camera system on the interior of a building owned or | |
757 | - | leased by a business that has less than $2.5 million federal gross receipts or sales; and | |
758 | - | “(C) Glass break sensors installed on the interior of a building owned or | |
759 | - | leased by a business that has less than $2.5 million federal gross receipts or sales. | |
760 | - | “(2) A security camera system purchased and installed pursuant to paragraph | |
761 | - | (1)(A) or (B) of this subsection shall be registered with the Metropolitan Police Department.”. | |
762 | - | (b) Subsection (b) is amended as follows: | |
763 | - | (1) Paragraph (1) is amended to read as follows: | |
764 | - | “(1) Purchase and install: ENROLLED ORIGINAL | |
425 | + | “(2) Any immediate family member or custodian of any victim or eyewitness, if 305 | |
426 | + | the victim or eyewitness is a child or if the victim is deceased or incapacitated, or any duly 306 | |
427 | + | authorized attorney of such immediate family member or custodian; or 307 | |
428 | + | “(3) The parent or guardian of the committed youth.”. 308 | |
429 | + | Sec. 5. Section 204(d-1) of the Freedom of Information Act of 1976, effective March 29, 309 | |
430 | + | 1977 (D.C. Law 1-96; D.C. Official Code § 2-534(d-1)), is amended as follows: 310 | |
431 | + | (a) Paragraph (2)(A) is amended by striking the phrase “the name of the officer” and 311 | |
432 | + | inserting the phrase “the name and badge number of the officer” in its place. 312 | |
433 | + | (b) Paragraph (3) is amended to read as follows: 313 | |
434 | + | “(3) When providing records or information related to disciplinary records, the 314 | |
435 | + | responding public body may redact: 315 | |
436 | + | “(A) Technical infractions solely pertaining to the enforcement of 316 | |
437 | + | administrative departmental rules that do not involve interactions with members of the public 317 | |
438 | + | and are not otherwise connected to the officer’s investigative, enforcement, training, supervision, 318 | |
439 | + | or reporting responsibilities; 319 | |
440 | + | “(B) The officer’s medical records; 320 | |
441 | + | “(C) Records created or maintained by an employee assistance program of 321 | |
442 | + | the officer’s treatment, including mental health treatment, substance abuse treatment service, 322 | |
443 | + | counseling, or therapy; 323 ENGROSSED ORIGINAL | |
444 | + | ||
765 | 445 | ||
766 | 446 | ||
767 | 447 | 18 | |
768 | 448 | ||
769 | 449 | ||
770 | 450 | ||
771 | - | “(A) After September 22, 2015, a security camera system on the exterior | |
772 | - | of the building; | |
773 | - | “(B) After the applicability date of section 17 of the Secure DC Omnibus | |
774 | - | Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25- | |
775 | - | 345), a security camera system installed on the interior of a building owned or leased by a | |
776 | - | business that has less than $2.5 million federal gross receipts or sales; or | |
777 | - | “(C) After the applicability date of section 17 of the Secure DC Omnibus | |
778 | - | Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25- | |
779 | - | 345), glass break sensors installed on the interior of the building owned or leased by a business | |
780 | - | that has less than $2.5 million federal gross receipts or sales;”. | |
781 | - | (2) Paragraph (2) is amended to read as follows: | |
782 | - | “(2) For security camera systems installed on the exterior or interior of a building, | |
783 | - | register the security camera system with the Metropolitan Police Department;”. | |
784 | - | (c) Subsection (c) is amended as follows: | |
785 | - | (1) Paragraph (1) is amended to read as follows: | |
786 | - | “(1) Upon approval of a rebate claim submitted pursuant to subsection (b) of this | |
787 | - | section, the Program shall provide a rebate; provided, that the amount of the rebate shall not be | |
788 | - | more than the purchase price of the security camera system or glass break sensors.”. | |
789 | - | (2) Paragraph (3) is repealed. | |
790 | - | (d) Subsection (d)(1) is amended by striking the phrase “under the District of Columbia | |
791 | - | Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101; D.C. Official Code § 4- | |
792 | - | 201.01 et seq.)” and inserting the phrase “under the District of Columbia Public Assistance Act | |
793 | - | of 1982, effective April 6, 1982 (D.C. Law 4-101; D.C. Official Code § 4-201.01 et seq.), or | |
794 | - | receipt of benefits under the Supplemental Nutrition Assistance Program” in its place. | |
795 | - | (e) Subsection (e)(1)(C) is repealed. | |
796 | - | (f) Subsection (f) is amended as follows: | |
797 | - | (1) Paragraph (1) is amended by striking the phrase “system verification” and | |
798 | - | inserting the phrase “verification of the security camera system or glass break sensors” in its | |
799 | - | place. | |
800 | - | (2) Paragraph (2) is amended by striking the phrase “a system” and inserting the | |
801 | - | phrase “a security camera system” in its place. | |
802 | - | (3) Paragraph (3) is amended by striking the phrase “; and” and inserting a | |
803 | - | semicolon in its place. | |
804 | - | (4) Paragraph (4) is amended by striking the period and inserting the phrase “; | |
805 | - | and” in its place. | |
806 | - | (5) A new paragraph (5) is added to read as follows: | |
807 | - | “(5) The maximum amount of rebate that is available under this section.”. | |
808 | - | (g) Subsection (h) is amended as follows: | |
809 | - | (1) Paragraph (2) is amended by striking the phrase “private security cameras” ENROLLED ORIGINAL | |
451 | + | “(D) Personal contact information, including home addresses, telephone 324 | |
452 | + | numbers, and email addresses; 325 | |
453 | + | “(E) Any social security numbers or dates of birth; 326 | |
454 | + | “(F) Any records or information that, if released, would disclose the 327 | |
455 | + | identity of whistleblowers, complainants, victims, witnesses, undercover agents, or informants; 328 | |
456 | + | and 329 | |
457 | + | “(G) Any other records or information otherwise exempt from disclosure 330 | |
458 | + | under this section other than subsection (a)(2) of this section.”. 331 | |
459 | + | Sec. 6. The Advisory Commission on Sentencing Establishment Act of 1998, effective 332 | |
460 | + | October 16, 1998 (D.C. Law 12-167; D.C. Official Code § 3-101 et seq.), is amended as follows: 333 | |
461 | + | (a) Section 3(a) (D.C. Official Code § 3-102(a)) is amended as follows: 334 | |
462 | + | (1) The lead-in language is amended by striking the phrase “12 voting members” 335 | |
463 | + | and inserting the phrase “15 voting members” in its place. 336 | |
464 | + | (2) Paragraph (1) is amended as follows: 337 | |
465 | + | (A) Subparagraph (G) is amended to read as follows: 338 | |
466 | + | “(G) Two members of the District of Columbia Bar, one who has 339 | |
467 | + | experience with criminal defense in the District of Columbia, and one who has experience with 340 | |
468 | + | criminal prosecution in the District of Columbia, appointed by the Chief Judge of the Superior 341 | |
469 | + | Court in consultation with the President of the District of Columbia Bar;”. 342 ENGROSSED ORIGINAL | |
470 | + | ||
810 | 471 | ||
811 | 472 | ||
812 | 473 | 19 | |
813 | 474 | ||
814 | 475 | ||
815 | 476 | ||
816 | - | and inserting the phrase “private security cameras and glass break sensors” in its place. | |
817 | - | (2) Paragraph (4) is amended by striking the phrase “subsection (c)(1)(A) or (B)” | |
818 | - | and inserting the phrase “subsection (c)(1)(A), (B), or (C)” in its place. | |
819 | - | (h) Subsection (i) is amended to read as follows: | |
820 | - | “(i) For the purposes of this section, the term “security camera system” means one or | |
821 | - | more indoor or outdoor surveillance cameras with functioning digital video recording | |
822 | - | capability.”. | |
823 | - | (i) A new subsection (j) is added to read as follows: | |
824 | - | “(j) The Office of Victim Services and Justice Grants shall include performance measures | |
825 | - | and targets for the private security camera program in its annual performance plans, as well as | |
826 | - | data on actual performance in its annual performance plans.”. | |
827 | - | ||
828 | - | Sec. 17. Section 14-307(d)(2) of District of Columbia Official Code is amended by | |
829 | - | striking the phrase “confidential information” and inserting the phrase “confidential information | |
830 | - | of a victim” in its place. | |
831 | - | ||
832 | - | Sec. 18. Title 16 of the District of Columbia Official Code is amended as follows: | |
833 | - | (a) Section 16-705(b)(1)(C)(ii) is amended by striking the phrase “; and” and inserting | |
834 | - | the phrase “if the law enforcement officer was in uniform or acting in an official capacity at the | |
835 | - | time of the offense; and” in its place. | |
836 | - | (b) Section 16-1053(a) is amended as follows: | |
837 | - | (1) Paragraph (9) is amended by striking the phrase “; and” and inserting a | |
838 | - | semicolon in its place. | |
839 | - | (2) Paragraph (10) is amended by striking the period and inserting the phrase “; | |
840 | - | and” in its place. | |
841 | - | (3) A new paragraph (11) is added to read as follows: | |
842 | - | “(11) The Office of Unified Communications.”. | |
843 | - | (c)(1) Section 16-2310(a-1)(1)(A) is amended to read as follows: | |
844 | - | “(A) Committed: | |
845 | - | “(i) A dangerous crime or a crime of violence while armed with or | |
846 | - | having readily available a knife, pistol, firearm, or imitation firearm; or | |
847 | - | “(ii) Unarmed murder, first-degree sexual abuse, carjacking, or | |
848 | - | assault with intent to commit any such offense; or”. | |
849 | - | (2) Paragraph (1) of this subsection shall expire 225 days after the effective date | |
850 | - | of the Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 | |
851 | - | (Enrolled version of Bill 25-345). | |
852 | - | (d) Section 16-2316(e) is amended as follows: | |
853 | - | (1) Paragraph (3) is amended by striking the phrase “District of Columbia” and | |
854 | - | inserting the phrase “District of Columbia, after providing the Attorney General and ENROLLED ORIGINAL | |
477 | + | (B) Subparagraph (H) is amended by striking the phrase “; and” and 343 | |
478 | + | inserting a semicolon in its place. 344 | |
479 | + | (C) Subparagraph (I) is amended to read as follows: 345 | |
480 | + | “(I) Two residents of the District of Columbia, nominated by the Mayor, 346 | |
481 | + | subject to confirmation by the Council;”. 347 | |
482 | + | (D) New subparagraphs (I-i) and (I-ii) are added to read as follows: 348 | |
483 | + | “(I-i) Two residents of the District of Columbia, appointed by the Council, 349 | |
484 | + | one of whom is a returning citizen; and 350 | |
485 | + | “(I-ii) The Chief of the Metropolitan Police Department or the Chief’s 351 | |
486 | + | designee.”. 352 | |
487 | + | (3) Paragraph (2) is amended as follows: 353 | |
488 | + | (A) Subparagraph (B) is repealed. 354 | |
489 | + | (B) Subparagraph (D) is amended by striking the phrase “; and” and 355 | |
490 | + | inserting a semicolon in its place. 356 | |
491 | + | (C) Subparagraph (E) is amended by striking the period and inserting the 357 | |
492 | + | phrase “; and” in its place. 358 | |
493 | + | (D) A new subparagraph (F) is added to read as follows: 359 | |
494 | + | “(F) The Deputy Mayor for Public Safety and Justice or the Deputy 360 | |
495 | + | Mayor’s designee.”. 361 ENGROSSED ORIGINAL | |
496 | + | ||
855 | 497 | ||
856 | 498 | ||
857 | 499 | 20 | |
858 | 500 | ||
859 | 501 | ||
860 | 502 | ||
861 | - | respondent’s counsel in a delinquency or PINS matter or the Attorney General and the guardian | |
862 | - | ad litem in a neglect matter with notice and the opportunity to be heard regarding the admission | |
863 | - | of non-necessary persons,” in its place. | |
864 | - | (2) Paragraph (4) is amended by striking the phrase “attend transfer, factfinding, | |
865 | - | disposition, and post-disposition hearings, subject” and inserting the phrase “attend any transfer, | |
866 | - | plea, factfinding, disposition, or post-disposition hearing, subject” in its place. | |
867 | - | (3) Paragraph (5) is amended by striking the phrase “transfer, factfinding,” and | |
868 | - | inserting the phrase “transfer, plea, factfinding,” in its place. | |
869 | - | (e) Section 16-2331 is amended as follows: | |
870 | - | (1) Subsection (c) is amended as follows: | |
871 | - | (A) Paragraph (2) is amended as follows: | |
872 | - | (i) Subparagraph (D) is amended as follows: | |
873 | - | (I) Sub-subparagraph (vi) is amended by striking the phrase | |
874 | - | “; or” and inserting a semicolon in its place. | |
875 | - | (II) New sub-subparagraphs (viii) and (ix) are added to read | |
876 | - | as follows: | |
877 | - | “(viii) The respondent being in abscondence for more than 24 | |
878 | - | hours; or | |
879 | - | “(ix) The respondent having escaped from a facility;”. | |
880 | - | (ii) Subparagraph (E) is amended as follows: | |
881 | - | (I) Sub-subparagraph (vi) is amended by striking the phrase | |
882 | - | “; or” and inserting a semicolon in its place. | |
883 | - | (II) New sub-subparagraphs (viii) and (ix) are added to read | |
884 | - | as follows: | |
885 | - | “(viii) The respondent being in abscondence for more than 24 | |
886 | - | hours; or | |
887 | - | “(ix) The respondent having escaped from a facility; and”. | |
888 | - | (B) Paragraph (4)(B) is amended by striking the phrase “Schools, and the” | |
889 | - | and inserting the phrase “Schools, public charter schools, parochial schools, and private schools, | |
890 | - | and the” in its place. | |
891 | - | (2) A new subsection (c-1) is added to read as follows: | |
892 | - | “(c-1) Notwithstanding any provision of this section, when the court orders that a child | |
893 | - | stay away from a victim or witness or their property as a condition of the child’s release, the | |
894 | - | court shall provide a written notice of such release condition to the Attorney General who may | |
895 | - | provide the written notice to a victim or witness. Such notice issued by the court shall not include | |
896 | - | any identifying information for the child except the child’s name, nor shall it include any other | |
897 | - | release conditions unrelated to the victim, witness, or their property.”. | |
898 | - | (3) New subsections (h-1) and (h-2) are added to read as follows: ENROLLED ORIGINAL | |
503 | + | (b) Section 4 (D.C. Official Code § 3-103) is amended as follows: 362 | |
504 | + | (1) Subsection (b) is amended to read as follows: 363 | |
505 | + | “(b) A majority of the voting members appointed to the Commission shall constitute a 364 | |
506 | + | quorum.”. 365 | |
507 | + | (2) Subsection (c) is amended to read as follows: 366 | |
508 | + | “(c) The Commission may act by an affirmative vote of a majority of voting members 367 | |
509 | + | present and voting after a quorum has been established.”. 368 | |
510 | + | Sec. 7. Section 7(a)(1) of the Victims of Violent Crime Compensation Act of 1996, 369 | |
511 | + | effective April 9, 1997 (D.C. Law 11-243; D.C. Official Code § 4-506(a)(1)), is amended as 370 | |
512 | + | follows: 371 | |
513 | + | (a) Subparagraph (C) is amended as follows: 372 | |
514 | + | (1) Strike the word “resolution” and insert the phrase “filing or resolution” in its 373 | |
515 | + | place. 374 | |
516 | + | (2) Strike the phrase “; or” and insert a semicolon in its place. 375 | |
517 | + | (b) Subparagraph (D) is amended as follows: 376 | |
518 | + | (1) Strike the word “resolution” and insert the phrase “filing or resolution” in its 377 | |
519 | + | place. 378 | |
520 | + | (2) Strike the phrase “; and” and insert the phrase “; or” in its place. 379 | |
521 | + | (c) A new subparagraph (E) is added to read as follows: 380 ENGROSSED ORIGINAL | |
522 | + | ||
899 | 523 | ||
900 | 524 | ||
901 | 525 | 21 | |
902 | 526 | ||
903 | 527 | ||
904 | 528 | ||
905 | - | “(h-1)(1) Notwithstanding subsection (b) of this section, if a child has a custody order for | |
906 | - | abscondence from a Department of Youth Rehabilitation Services (“DYRS”) placement or a | |
907 | - | court-ordered placement in a delinquency or PINS matter, the Family Court, in the best interest | |
908 | - | of a child, the interest of public safety, or the interest of the safety of any person who may search | |
909 | - | for the child, may, after a hearing at which the child’s counsel is present, order the Metropolitan | |
910 | - | Police Department (“MPD”) to: | |
911 | - | “(A) Take a missing person’s report for a child; and | |
912 | - | “(B) Submit a missing person’s report to the National Center for Missing | |
913 | - | and Exploited Children (“NCMEC”). | |
914 | - | “(2) Evidence of the following factors shall be considered in making the | |
915 | - | determination described in paragraph (1) of this subsection: | |
916 | - | “(A) The child’s age; | |
917 | - | “(B) The nature of any present delinquency offense or in need of | |
918 | - | supervision offense and the extent and nature of the child’s prior record: | |
919 | - | “(C) Whether the child has been sexually exploited or is at risk of sexual | |
920 | - | exploitation; | |
921 | - | “(D) Whether there have been reports of abuse and neglect involving the | |
922 | - | child; | |
923 | - | “(E) Whether there is an open neglect case or other Child and Family | |
924 | - | Services Agency involvement; | |
925 | - | “(F) The child’s mental condition, including any disabilities; and | |
926 | - | “(G) The child’s history of abscondences from DYRS or court-ordered | |
927 | - | placements and the child’s history of running away from home. | |
928 | - | “(3) If the Family Court orders MPD to take a missing person’s report, pursuant | |
929 | - | to this section, any person with knowledge of the custody order may make a missing person’s | |
930 | - | report to NCMEC; provided, that any person making such a report shall not disclose that there is | |
931 | - | a custody order in effect. | |
932 | - | “(4) For the purposes of this section, the term “child” means a person who has not | |
933 | - | attained the age of 18 years. | |
934 | - | “(h-2) Notwithstanding the provisions of this section, the Attorney General or | |
935 | - | respondent’s attorney, at their discretion, may release juvenile case record information to | |
936 | - | members of the press who are authorized to attend a court hearing pursuant to § 16-2316(e); | |
937 | - | provided, that the information is consistent with, and does not exceed the scope of, the | |
938 | - | information that the court authorized the press to report when granting the press permission to | |
939 | - | attend the hearing.”. | |
940 | - | (f) Section 16-2332(c) is amended as follows: | |
941 | - | (1) Paragraph (3) is amended to read as follows: | |
942 | - | “(3) Other court case participants and law enforcement: ENROLLED ORIGINAL | |
529 | + | “(E) The filing or resolution of any other post-conviction motion in which 381 | |
530 | + | the claimant was a victim or secondary victim; and”. 382 | |
531 | + | Sec. 8. Section 3022 of the Office of Victim Services and Justice Grants Transparency 383 | |
532 | + | Act of 2022, effective September 21, 2022 (D.C. Law 24-167; D.C. Official Code § 4-571.01), is 384 | |
533 | + | amended by adding a new subsection (c) to read as follows: 385 | |
534 | + | “(c) No later than 60 days after the effective date of the Secure DC Omnibus Amendment 386 | |
535 | + | Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed version of Bill 25-345), and 387 | |
536 | + | annually thereafter, OVSJG shall publish information regarding the work of the Victim Services 388 | |
537 | + | Division, including: 389 | |
538 | + | “(1) The number of victims engaged each month; 390 | |
539 | + | “(2) The number of victims who accepted service each month; 391 | |
540 | + | “(3) The services recommended to the victims each month; and 392 | |
541 | + | “(4) A summary of collected feedback from victims and their families on their 393 | |
542 | + | experiences with victim services and coordination efforts.”. 394 | |
543 | + | Sec. 9. Section 201(c) of the Expanding Supports for Crime Victims Amendment Act of 395 | |
544 | + | 2022, effective April 6, 2023 (D.C. Law 24-341, D.C. Official Code § 4-581.01(c)), is amended 396 | |
545 | + | as follows: 397 | |
546 | + | (a) Paragraph (4)(C) is amended by striking the phrase “; and” and inserting a semicolon 398 | |
547 | + | in its place. 399 ENGROSSED ORIGINAL | |
548 | + | ||
943 | 549 | ||
944 | 550 | ||
945 | 551 | 22 | |
946 | 552 | ||
947 | 553 | ||
948 | 554 | ||
949 | - | “Law enforcement officers of the United States, the District of Columbia, and other | |
950 | - | jurisdictions, except that such records shall be limited to photographs of the child, a physical | |
951 | - | description of the child, any addresses where the child may be found, and the phone number or | |
952 | - | other contact information of the child or the child’s parents, guardians, or custodians. The | |
953 | - | confidentiality of any information disclosed to law enforcement officers pursuant to this | |
954 | - | subsection shall be maintained pursuant to § 16-2333;”. | |
955 | - | (2) The lead-in language to paragraph (4)(D) is amended by striking the phrase | |
956 | - | “Schools, and the” and inserting the phrase “Schools, public charter schools, parochial schools, | |
957 | - | and private schools, and the” in its place. | |
958 | - | (g) Section 16-2333 is amended as follows: | |
959 | - | (1) Subsection (b)(4)(C) is amended by striking the phrase “, and the District of | |
960 | - | Columbia Public Schools” and inserting the phrase “, the District of Columbia Public Schools, | |
961 | - | public charter schools, parochial schools, and private schools” in its place. | |
962 | - | (2) Subsection (f) is amended by striking the phrase “date of the crime.” and | |
963 | - | inserting the phrase “month in which the crime occurred.” in its place. | |
964 | - | (h) A new section 16-2333.03 is added to read as follows: | |
965 | - | “§ 16-2333.03. Information sharing by agencies. | |
966 | - | “(a) Notwithstanding the confidentiality provisions in §§ 2-1515.06, 4-1303.06, 16-2331, | |
967 | - | 16-2332, and 16-2333, it shall not be an offense for an agency to publicly share data derived | |
968 | - | from juvenile case records, juvenile social records, police and other law enforcement records, | |
969 | - | confidential Department of Youth Rehabilitation Services records, or confidential Child and | |
970 | - | Family Services Agency records, provided that: | |
971 | - | “(1) The data shared does not include any information that, by itself or in | |
972 | - | combination with other publicly available information, could identify a particular person, | |
973 | - | including a person’s name, Social Security number or other identifying number or code, address, | |
974 | - | phone number, email address, or birth date; and | |
975 | - | “(2) Record-level data is not shared, the data shared is aggregated, and any counts | |
976 | - | or data points with fewer than 10 observations are suppressed. | |
977 | - | “(b) For the purposes of this section, the term “agency” means the Superior Court of the | |
978 | - | District of Columbia, the Office of the Attorney General for the District of Columbia, the | |
979 | - | Metropolitan Police Department, the Department of Youth Rehabilitation Services, the Child and | |
980 | - | Family Services Agency, the Office of the Ombudsman for Children, the District of Columbia | |
981 | - | Auditor, and the District of Columbia Inspector General.”. | |
982 | - | (i) Section 16-2340(a)(2) is amended by striking the phrase “juvenile factfinding” and | |
983 | - | inserting the phrase “juvenile plea hearings, factfinding” in its place. | |
984 | - | ||
985 | - | Sec. 19. An Act To establish a code of law for the District of Columbia, approved March | |
986 | - | 3, 1901 (31 Stat. 1189; D.C. Official Code passim), is amended as follows: | |
987 | - | (a) Section 806(a) (D.C. Official Code § 22-404(a)) is amended as follows: ENROLLED ORIGINAL | |
555 | + | (b) Paragraph (5) is amended by striking the period and inserting the phrase “; and” in its 400 | |
556 | + | place. 401 | |
557 | + | (c) A new paragraph (6) is added to read as follows: 402 | |
558 | + | “(6) Within 180 days after the applicability date of section 9 of the Secure DC 403 | |
559 | + | Omnibus Amendment Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed 404 | |
560 | + | version of Bill 25-345), OVSJG shall develop and launch a public awareness campaign to raise 405 | |
561 | + | awareness of the availability of government and community-based victim services to the public 406 | |
562 | + | and the following entities: 407 | |
563 | + | “(A) Hospitals; 408 | |
564 | + | “(B) District of Columbia Public Schools; 409 | |
565 | + | “(C) District of Columbia Public Charter Schools; 410 | |
566 | + | “(D) College and university campuses in the District; 411 | |
567 | + | “(E) The District of Columbia Housing Authority; 412 | |
568 | + | “(F) MPD; and 413 | |
569 | + | “(G) Community-based organizations.”. 414 | |
570 | + | Sec. 10. Section 386(c) of the Revised Statutes of the District of Columbia (D.C. Official 415 | |
571 | + | Code § 5-113.01(c)), is amended by adding a new paragraph (1B) to read as follows: 416 | |
572 | + | “(1B) Quarterly, the case closure rates for: 417 | |
573 | + | “(A) Violent crimes, by offense, committed with or without the use of a 418 ENGROSSED ORIGINAL | |
574 | + | ||
988 | 575 | ||
989 | 576 | ||
990 | 577 | 23 | |
991 | 578 | ||
992 | 579 | ||
993 | 580 | ||
994 | - | (1) Paragraph (2) is amended by striking the phrase “or both. For the purposes of | |
995 | - | this paragraph, the term “significant bodily injury” means an injury that requires hospitalization | |
996 | - | or immediate medical attention.” and inserting the phrase “or both.” in its place. | |
997 | - | (2) A new paragraph (3) is added to read as follows: | |
998 | - | “(3) For the purposes of this section, the term “significant bodily injury” means: | |
999 | - | “(A) An injury that, to prevent long-term physical damage or to abate | |
1000 | - | severe pain, requires hospitalization or medical treatment beyond what a layperson can | |
1001 | - | personally administer; | |
1002 | - | “(B) A fracture of a bone; | |
1003 | - | “(C) A laceration for which the victim required stitches, sutures, staples, | |
1004 | - | or closed-skin adhesives, or a laceration that is at least one inch in length and at least one quarter | |
1005 | - | of an inch in depth; | |
1006 | - | “(D) A burn of at least second degree severity; | |
1007 | - | “(E) Any loss of consciousness; | |
1008 | - | “(F) A traumatic brain injury; or | |
1009 | - | “(G) An injury where medical testing, beyond what a layperson can | |
1010 | - | personally administer, was performed to ascertain whether there was an injury described in | |
1011 | - | subparagraphs (A)-(F) of this paragraph.”. | |
1012 | - | (b) Section 806a (D.C. Official Code § 22-404.01) is amended by adding a new | |
1013 | - | subsection (d) to read as follows: | |
1014 | - | “(d) For the purposes of this section, the term “serious bodily injury” means an injury or | |
1015 | - | significant bodily injury, as that term is defined in section 806(a)(3) that involves: | |
1016 | - | “(1) A substantial risk of death; | |
1017 | - | “(2) Protracted and obvious disfigurement; | |
1018 | - | “(3) Protracted loss or impairment of the function of a bodily member, organ, or | |
1019 | - | mental faculty; | |
1020 | - | “(4) Extended loss of consciousness; | |
1021 | - | “(5) A burn of at least third degree severity; or | |
1022 | - | “(6) A gunshot wound.”. | |
1023 | - | (c) A new section 806d is added to read as follows: | |
1024 | - | “Sec. 806d. Strangulation. | |
1025 | - | “(a) A person commits the offense of strangulation if that person knowingly, | |
1026 | - | intentionally, or recklessly restricts the normal circulation of the blood or breathing of another | |
1027 | - | person, either by applying pressure on the throat, neck, or chest of another person, or by blocking | |
1028 | - | the nose or mouth of another person. | |
1029 | - | “(b) Except for as provided in subsection (c) of this section, a person convicted of | |
1030 | - | strangulation shall be fined no more than the amount set forth in section 101 of the Criminal Fine | |
1031 | - | Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. | |
1032 | - | Official Code § 22-3571.01), or incarcerated for no more than 5 years, or both. ENROLLED ORIGINAL | |
581 | + | weapon; and 419 | |
582 | + | “(B) Non-fatal shootings.”. 420 | |
583 | + | Sec. 11. Section 3004 of the Body-Worn Camera Regulation and Reporting 421 | |
584 | + | Requirements Act of 2015, effective October 22, 2015 (D.C. Law 21-36; D.C. Official Code § 5-422 | |
585 | + | 116.33), is amended as follows: 423 | |
586 | + | (a) Subsection (e) is amended to read as follows: 424 | |
587 | + | “(e)(1) For any incident involving an officer-involved death or serious use of force, 425 | |
588 | + | officers shall not review any body-worn camera recordings to assist in initial report writing. 426 | |
589 | + | “(2) For an incident other than those described in paragraph (1) of this subsection, 427 | |
590 | + | officers shall indicate, when writing any initial or subsequent reports, whether the officer viewed 428 | |
591 | + | body-worn camera footage prior to writing the report and specify what body-worn camera 429 | |
592 | + | footage the officer viewed.”. 430 | |
593 | + | (b) Subsection (f) is amended to read as follows: 431 | |
594 | + | “(f) When releasing body-worn camera recordings, the likenesses of any local, county, 432 | |
595 | + | state, or federal government law enforcement officers acting in their professional capacities, 433 | |
596 | + | other than those acting undercover, shall not be redacted or otherwise obscured.”. 434 | |
597 | + | (c) Subsection (g) is amended as follows: 435 | |
598 | + | (1) A new paragraph (2A) is added to read as follows: 436 ENGROSSED ORIGINAL | |
599 | + | ||
1033 | 600 | ||
1034 | 601 | ||
1035 | 602 | 24 | |
1036 | 603 | ||
1037 | 604 | ||
1038 | 605 | ||
1039 | - | “(c) A person convicted of strangulation may be fined up to 1½ times the maximum fine | |
1040 | - | otherwise authorized under this section and may be incarcerated for a term of up to 1½ times the | |
1041 | - | maximum term of incarceration otherwise authorized under this section, or both, if: | |
1042 | - | “(1) The victim sustained serious bodily injury, as that term is defined in section | |
1043 | - | 806a(d), as a result of the offense; | |
1044 | - | “(2) The person was, at the time of the offense, required to stay away from or | |
1045 | - | have no contact with the victim as a condition of their parole or supervised release or pursuant to | |
1046 | - | a court order; or | |
1047 | - | “(3) The person was, within 5 years of commission of the strangulation offense, | |
1048 | - | convicted of either an intrafamily offense, as that term is defined in D.C. Official Code § 16- | |
1049 | - | 1001(8), or a similar offense in the law of another jurisdiction. | |
1050 | - | “(d)(1) A conviction for strangulation merges with any other offense under this chapter | |
1051 | - | arising from the same act or course of conduct. | |
1052 | - | “(2) For a person found guilty of 2 or more offenses that merge under this section | |
1053 | - | the sentencing court shall either: | |
1054 | - | “(A) Vacate all but one of the offenses prior to sentencing according to the | |
1055 | - | rule of priority in paragraph (3) of this subsection; or | |
1056 | - | “(B) Enter judgment and sentence the actor for offenses that merge; | |
1057 | - | provided, that: | |
1058 | - | “(i) Sentences for the offenses run concurrent to one another; and | |
1059 | - | “(ii) The convictions for all but, at most, one of the offenses shall | |
1060 | - | be vacated after: | |
1061 | - | “(I) The time for appeal has expired; or | |
1062 | - | “(II) The judgment that was appealed has been decided. | |
1063 | - | “(3) When convictions are vacated under paragraph (2)(A) of this subsection, the | |
1064 | - | conviction that remains shall be the conviction for: | |
1065 | - | “(A) The offense with the highest authorized maximum period of | |
1066 | - | incarceration; or | |
1067 | - | “(B) If 2 or more offenses have the same highest authorized maximum | |
1068 | - | period of incarceration, any offense that the sentencing court deems appropriate.”. | |
1069 | - | (d) Section 811a(a)(1) (D.C. Official Code § 22-2803(a)(1)) is amended to read as | |
1070 | - | follows: | |
1071 | - | “(1) A person commits the offense of carjacking if, by any means, that person | |
1072 | - | knowingly by force or violence, whether against resistance or by sudden or stealthy seizure or | |
1073 | - | snatching, or by putting in fear, or attempts to do so, shall take a motor vehicle from a person’s | |
1074 | - | immediate actual possession, or that person knowingly by force or violence, or by putting in fear, | |
1075 | - | shall take a key to a motor vehicle from the immediate actual possession of another person, while | |
1076 | - | that motor vehicle is within the line of sight of the person or the victim and close enough to the ENROLLED ORIGINAL | |
606 | + | “(2A) “Serious bodily injury” means extreme physical pain, illness, or impairment 437 | |
607 | + | of physical condition including physical injury that involves a substantial risk of death, 438 | |
608 | + | protracted and obvious disfigurement, protracted loss or impairment of the function of a bodily 439 | |
609 | + | member or organ, or protracted loss of consciousness.”. 440 | |
610 | + | (2) Paragraph (3) is amended as follows: 441 | |
611 | + | (A) Subparagraph (A) is amended to read as follows: 442 | |
612 | + | “(A) Firearm discharges by a Metropolitan Police Department officer, 443 | |
613 | + | with the exception of a negligent discharge that does not otherwise put members of the public at 444 | |
614 | + | risk of injury or death, or a range or training incident;”. 445 | |
615 | + | (B) Subparagraph (C)(ii) is amended by striking the phrase “a loss of 446 | |
616 | + | consciousness,” and inserting the phrase “a protracted loss of consciousness,” in its place. 447 | |
617 | + | Sec. 12. Section 3(5) of the Limitation on the Use of Chokehold Act of 1985, effective 448 | |
618 | + | January 25, 1986 (D.C. Law 6-77; D.C. Official Code § 5-125.02(5)), is amended to read as 449 | |
619 | + | follows: 450 | |
620 | + | “(5) “Neck restraint” means the use of any body part or object by a law 451 | |
621 | + | enforcement officer to apply pressure against a person’s neck, including the trachea, carotid 452 | |
622 | + | artery, or jugular vein, with the purpose, intent, or effect of controlling or restricting the person’s 453 | |
623 | + | airway, blood flow, or breathing, except in cases where the law enforcement officer is acting in 454 ENGROSSED ORIGINAL | |
624 | + | ||
1077 | 625 | ||
1078 | 626 | ||
1079 | 627 | 25 | |
1080 | 628 | ||
1081 | 629 | ||
1082 | 630 | ||
1083 | - | vehicle that the person taking the key to the motor vehicle can take immediate possession of it, | |
1084 | - | with the purpose and effect of immediately taking the motor vehicle of another.”. | |
1085 | - | ||
1086 | - | Sec. 20. Section 432 of the Revised Statutes of the District of Columbia (D.C. Official | |
1087 | - | Code § 22-405), is amended as follows: | |
1088 | - | (a) Subsection (a) is amended by striking the phrase “any fire department operating in the | |
1089 | - | District of Columbia,” and inserting the phrase “any fire department operating in the District of | |
1090 | - | Columbia, any emergency medical technician, paramedic, intermediate paramedic, or other | |
1091 | - | member of any emergency medical services department operating in the District of Columbia,” | |
1092 | - | in its place. | |
1093 | - | (b) Subsection (c) is amended as follows: | |
1094 | - | (1) The existing text is designated as paragraph (1). | |
1095 | - | (2) A new paragraph (2) is added to read as follows: | |
1096 | - | “(2) For the purposes of this subsection, the term “significant bodily injury” shall | |
1097 | - | have the same meaning as provided in section 806(a)(3) of An Act To establish a code of law for | |
1098 | - | the District of Columbia, approved March 3, 1901 (31 Stat. 1322; D.C. Official Code § 22- | |
1099 | - | 404(a)(3)).”. | |
1100 | - | ||
1101 | - | Sec. 21. The Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; | |
1102 | - | D.C. Official Code § 22-3001 et seq.), is amended as follows: | |
1103 | - | (a) Section 101 (D.C. Official Code § 22-3001) is amended as follows: | |
1104 | - | (1) Paragraph (7) is amended to read as follows: | |
1105 | - | “(7) “Serious bodily injury” shall have the same meaning as provided in section | |
1106 | - | 806a of An Act To establish a code of law for the District of Columbia, effective August 20, | |
1107 | - | 1994 (D.C. Law 10-151; D.C. Official Code § 22-404.01(d)).”. | |
1108 | - | (2) Paragraph (10) is amended as follows: | |
1109 | - | (A) Subparagraph (C) is amended by striking the phrase “; and” and | |
1110 | - | inserting a semicolon in its place. | |
1111 | - | (B) Subparagraph (D) is amended to read as follows: | |
1112 | - | “(D) Any employee, contractor, consultant, or volunteer of a | |
1113 | - | school, religious institution, or an educational, social, recreational, athletic, musical, charitable, | |
1114 | - | or youth facility, organization, or program, including a teacher, coach, counselor, clergy, youth | |
1115 | - | leader, chorus director, bus driver, administrator, or support staff, or any other person in a | |
1116 | - | position of trust with or authority over a child or a minor.”. | |
1117 | - | (b) Section 205 (D.C. Official Code § 22-3006) is amended as follows: | |
1118 | - | (1) The existing text is designated as subsection (a). | |
1119 | - | (2) A new subsection (b) is added to read as follows: | |
1120 | - | “(b)(1) A person convicted of misdemeanor sexual abuse who has 3 or more prior | |
1121 | - | convictions for misdemeanor sexual abuse shall be fined no more than the amount set forth in ENROLLED ORIGINAL | |
631 | + | good faith to provide medical care or treatment, such as by providing cardiopulmonary 455 | |
632 | + | resuscitation.”. 456 | |
633 | + | Sec. 13. Title I of the Comprehensive Policing and Justice Amendment Act of 2022, 457 | |
634 | + | effective April 21, 2023 (D.C. Law 24-345; D.C. Official Code passim), is amended as follows: 458 | |
635 | + | (a) Section 106 (D.C. Official Code § 5-353.01) is amended as follows: 459 | |
636 | + | (1) Subsection (b)(3) is amended by striking the phrase “and no current or prior 460 | |
637 | + | affiliation with” and inserting the phrase “and no current affiliation with” in its place. 461 | |
638 | + | (2) A new subsection (c) is added to read as follows: 462 | |
639 | + | “(c) Notwithstanding any other provision of law, the Metropolitan Police Department 463 | |
640 | + | shall publish the findings of fact and merits determination for all Use of Force Review Board 464 | |
641 | + | investigations on its website.”. 465 | |
642 | + | (b) The lead-in language of section 127(a)(11) (D.C. Official Code § 5-365.01(a)(11)) is 466 | |
643 | + | amended by striking the phrase “a bodily injury or significant bodily injury that involves” and 467 | |
644 | + | inserting the phrase “extreme physical pain, illness, or impairment of physical condition, 468 | |
645 | + | including physical injury that involves” in its place. 469 | |
646 | + | (c) Section 128 (D.C. Official Code § 5-365.02) is amended as follows: 470 | |
647 | + | (1) Subsection (a) is amended as follows: 471 | |
648 | + | (A) Paragraph (1)(B) is amended by striking the phrase “immediate threat” 472 | |
649 | + | and inserting the phrase “imminent threat” in its place. 473 ENGROSSED ORIGINAL | |
650 | + | ||
1122 | 651 | ||
1123 | 652 | ||
1124 | 653 | 26 | |
1125 | 654 | ||
1126 | 655 | ||
1127 | 656 | ||
1128 | - | section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, | |
1129 | - | 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more than 3 | |
1130 | - | years, or both. | |
1131 | - | “(2) In addition to a violation of this section, a person shall be considered to have | |
1132 | - | prior convictions for misdemeanor sexual abuse if that person has been previously convicted of a | |
1133 | - | violation of a crime under the laws of any other jurisdiction that involved conduct that would, if | |
1134 | - | committed in the District of Columbia, constitute a violation of this section, or conduct that is | |
1135 | - | substantially similar to conduct prosecuted under this section. | |
1136 | - | (c) Section 209a (D.C. Official Code § 22-3010.01) is amended by adding a new | |
1137 | - | subsection (a-1) to read as follows: | |
1138 | - | “(a-1)(1) A person convicted of misdemeanor sexual abuse of a child or minor who has 3 | |
1139 | - | or more prior convictions for misdemeanor sexual abuse of a child or minor shall be fined no | |
1140 | - | more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment | |
1141 | - | Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or | |
1142 | - | incarcerated for no more than 3 years, or both. | |
1143 | - | “(2) In addition to a violation of this section, a person shall be considered as | |
1144 | - | having prior convictions for misdemeanor sexual abuse of a child or minor if that person has | |
1145 | - | been previously convicted of a violation of a crime under the laws of any other jurisdiction that | |
1146 | - | involved conduct that would, if committed in the District of Columbia, constitute a violation of | |
1147 | - | this section, or conduct that is substantially similar to conduct prosecuted under this section.”. | |
1148 | - | (d) Section 219(a)(1) (D.C. Official Code § 22-3020(a)(1)) is amended by striking the | |
1149 | - | phrase “12 years” and inserting the phrase “13 years” in its place. | |
1150 | - | ||
1151 | - | Sec. 22. The Criminalization of Non-Consensual Pornography Act of 2014, effective | |
1152 | - | May 7, 2015 (D.C. Law 20-275; D.C. Official Code § 22-3051 et seq.), is amended as follows: | |
1153 | - | (a) Section 3(a)(2) (D.C. Official Code § 22-3052(a)(2)) is amended to read as follows: | |
1154 | - | “(2) The person disclosing the sexual image knew or consciously disregarded a | |
1155 | - | substantial and unjustifiable risk that the person depicted did not consent to the disclosure; and”. | |
1156 | - | (b) Section 4(a) (D.C. Official Code § 22-3053(a)) is amended as follows: | |
1157 | - | (1) The lead-in language is amended by striking the phrase “identifiable person | |
1158 | - | when” and inserting the phrase “identifiable person, whether obtained directly from the person or | |
1159 | - | from a third party or other source, when” in its place. | |
1160 | - | (2) Paragraph (1) is amended by striking the phrase “disclosure or publication of” | |
1161 | - | and inserting the phrase “publication of” in its place. | |
1162 | - | (3) Paragraph (2) is amended to read as follows: | |
1163 | - | “(2) The person publishing the sexual image knew or consciously disregarded a | |
1164 | - | substantial and unjustifiable risk that the person depicted did not consent to the publication; | |
1165 | - | and”. | |
1166 | - | (c) Section 5(a) (D.C. Official Code § 22-3054(a)) is amended as follows: ENROLLED ORIGINAL | |
657 | + | (B) Paragraph (2) is amended as follows: 474 | |
658 | + | (i) Subparagraph (A) is amended by striking the phrase “fleeing 475 | |
659 | + | suspect,” and inserting the phrase “fleeing suspect or suspects,” in its place. 476 | |
660 | + | (ii) Subparagraph (B) is amended to read as follows: 477 | |
661 | + | “(B) Under the totality of circumstances, not likely to cause death or 478 | |
662 | + | serious bodily injury to any person, other than to the fleeing suspect or suspects; and”. 479 | |
663 | + | (2) Subsection (c) is amended by adding a new paragraph (3) to read as follows: 480 | |
664 | + | “(3) Nothing in this subsection shall be construed to permit any of the above 481 | |
665 | + | practices or tactics, to the extent they are prohibited by District law or by a law enforcement 482 | |
666 | + | agency.”. 483 | |
667 | + | Sec. 14. Section 502(c)(2) of the Omnibus Public Safety Agency Reform Amendment 484 | |
668 | + | Act of 2004, effective September 30, 2004 (D.C. Law 15-194; D.C. Official Code § 5-485 | |
669 | + | 1031(c)(2)), is amended to read as follows: 486 | |
670 | + | “(2) The schedule shall include: 487 | |
671 | + | “(A) The date, time, and location of the hearing; and 488 | |
672 | + | “(B) A summary of the alleged misconduct or charges against the subject 489 | |
673 | + | officer.”. 490 | |
674 | + | Sec. 15. The Office of Citizen Complaint Review Establishment Act of 1998, effective 491 | |
675 | + | March 26, 1999 (D.C. Law 12-208; D.C. Official Code § 5-1101 et seq.), is amended as follows: 492 ENGROSSED ORIGINAL | |
676 | + | ||
1167 | 677 | ||
1168 | 678 | ||
1169 | 679 | 27 | |
1170 | 680 | ||
1171 | 681 | ||
1172 | 682 | ||
1173 | - | (1) Paragraph (1) is amended by striking the phrase “disclosure or publication of” | |
1174 | - | and inserting the phrase “publication of” in its place. | |
1175 | - | (2) Paragraph (2) is amended to read as follows: | |
1176 | - | “(2) The person publishing the sexual image knew or consciously disregarded a | |
1177 | - | substantial and unjustifiable risk that the sexual image was obtained as a result of a previous | |
1178 | - | disclosure or publication of the sexual image made with intent to harm the person depicted or to | |
1179 | - | receive financial gain.”. | |
1180 | - | ||
1181 | - | Sec. 23. The District of Columbia Theft and White Collar Crimes Act of 1982, effective | |
1182 | - | December 1, 1982 (D.C. Law 4-164; D.C. Official Code § 22-3201 et seq.), is amended as | |
1183 | - | follows: | |
1184 | - | (a) A new section 111a is added to read as follows: | |
1185 | - | “Sec. 111a. Directing organized retail theft. | |
1186 | - | “(a) For the purpose of this section, the term “organized retail theft” means acting in | |
1187 | - | concert with one or more other persons to commit theft, as described in section 111, of any | |
1188 | - | merchandise with a value greater than $1,000 aggregated over a 90-day period with the intent to: | |
1189 | - | “(1) Sell, barter, or trade the merchandise for monetary or other gain; or | |
1190 | - | “(2) Fraudulently return the merchandise to a retail merchant. | |
1191 | - | “(b) A person commits the offense of directing organized retail theft if any person acts as | |
1192 | - | an organizer by recruiting, directing, or coercing individuals to commit organized retail theft. | |
1193 | - | “(c) A person who violates this section shall be guilty of a felony and, upon conviction, | |
1194 | - | shall be fined no more than the amount set forth in section 101 of the Criminal Fine | |
1195 | - | Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. | |
1196 | - | Official Code § 22-3571.01), incarcerated for no more than 15 years, or both. | |
1197 | - | “(d)(1) A conviction for directing organized retail theft merges with any other conviction | |
1198 | - | for being an accomplice to theft under section 111, an accomplice to shoplifting under section | |
1199 | - | 113, or an accomplice to burglary under section 823 of An Act To establish a code of law for the | |
1200 | - | District of Columbia, approved March 3, 1901 (31 Stat. 1323; D.C. Official Code § 22-801), or | |
1201 | - | for criminal conspiracy under section 908A of An Act To establish a code of law for the District | |
1202 | - | of Columbia, approved July 29, 1970 (84 Stat. 599; D.C. Official Code § 22-1805a), arising from | |
1203 | - | the same act or course of conduct. | |
1204 | - | “(2) For a person found guilty of 2 or more offenses that merge under this | |
1205 | - | subsection, the sentencing court shall either: | |
1206 | - | “(A) Vacate all but one of the offenses prior to sentencing according to the | |
1207 | - | rule of priority in paragraph (3) of this subsection; or | |
1208 | - | “(B) Enter judgment and sentence the actor for offenses that merge; | |
1209 | - | provided, that: | |
1210 | - | “(i) Sentences for the offenses run concurrent to one another; and ENROLLED ORIGINAL | |
683 | + | (a) Section 5(d-2) (D.C. Official Code § 5-1104(d-2)) is amended by adding a new 493 | |
684 | + | paragraph (3) to read as follows: 494 | |
685 | + | “(3) The Executive Director shall keep confidential the identity of any person 495 | |
686 | + | named in any documents transferred from the MPD to the Office pursuant to paragraphs (1) and 496 | |
687 | + | (2) of this subsection.”. 497 | |
688 | + | (b) Section 17(a)(1) (D.C. Official Code § 5-1116(a)(1)) is amended by striking the 498 | |
689 | + | phrase “rank, length of service, and current duty status” and inserting the phrase “rank, race, 499 | |
690 | + | gender, current duty status, and length of service,” in its place. 500 | |
691 | + | Sec. 16. The Firearms Control Regulations Act of 1975, effective September 24, 1976 501 | |
692 | + | (D.C. Law 1-85; D.C. Official Code § 7-2501.01 et seq.), is amended as follows: 502 | |
693 | + | (a) A new section 213a is added to read as follows: 503 | |
694 | + | “Sec. 213a. Sale of self-defense sprays. 504 | |
695 | + | “Notwithstanding any other provision of this act, a person may transfer, offer for sale, 505 | |
696 | + | sell, give, or deliver a self-defense spray to another person in the District for the purposes set 506 | |
697 | + | forth in section 213; provided, that the self-defense spray is propelled from an aerosol container, 507 | |
698 | + | labeled with or accompanied by clearly written instructions as to its use, and dated to indicate its 508 | |
699 | + | anticipated useful life.”. 509 | |
700 | + | (b) Section 601 (D.C. Official Code § 7-2506.01) is amended as follows: 510 | |
701 | + | (1) Subsection (b) is amended to read as follows: 511 ENGROSSED ORIGINAL | |
702 | + | ||
1211 | 703 | ||
1212 | 704 | ||
1213 | 705 | 28 | |
1214 | 706 | ||
1215 | 707 | ||
1216 | 708 | ||
1217 | - | “(ii) The convictions for all but, at most, one of the offenses shall | |
1218 | - | be vacated after: | |
1219 | - | “(I) The time for appeal has expired; or | |
1220 | - | “(II) The judgment that was appealed has been decided. | |
1221 | - | “(3) When convictions are vacated under paragraph (2)(A) of this subsection, the | |
1222 | - | conviction that remains shall be the conviction for: | |
1223 | - | “(A) The offense with the highest authorized maximum period of | |
1224 | - | incarceration; or | |
1225 | - | “(B) If 2 or more offenses have the same highest authorized maximum | |
1226 | - | period of incarceration, any offense that the sentencing court deems appropriate.”. | |
1227 | - | (b) Section 112(a) (D.C. Official Code § 22-3212(a)) is amended to read as follows: | |
1228 | - | “(a)(1) Theft in the first degree. – Any person convicted of theft in the first degree shall | |
1229 | - | be fined no more than the amount set forth in section 101 of the Criminal Fine Proportionality | |
1230 | - | Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22- | |
1231 | - | 3571.01), or incarcerated for no more than 10 years, or both, if: | |
1232 | - | “(A) The value of the property obtained or used is $1000 or more; or | |
1233 | - | “(B)(i) The person commits theft twice or more within a period of 6 | |
1234 | - | months and the aggregate value of property obtained is $1000 or more. | |
1235 | - | “(ii) When a person commits theft twice or more within a period of | |
1236 | - | 6 months pursuant to sub-subparagraph (i) of this subparagraph, the thefts may be aggregated | |
1237 | - | and charged in a single count, in which event they shall constitute a single offense. | |
1238 | - | “(2) A conviction for first degree theft under paragraph (1)(C) of this subsection | |
1239 | - | merges with any other conviction for robbery under section 810 of An Act To establish a code of | |
1240 | - | law for the District of Columbia, approved March 3, 1901 (31 Stat. 1322; D.C. Official Code § | |
1241 | - | 22-2801), and malicious destruction of property under section 848 of An Act To establish a code | |
1242 | - | of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1327; D.C. Official Code | |
1243 | - | § 22-303), arising from the same act or course of conduct. | |
1244 | - | “(3) For a person found guilty of 2 or more offenses that merge under this | |
1245 | - | subsection, the sentencing court shall either: | |
1246 | - | “(A) Vacate all but one of the offenses prior to sentencing according to the | |
1247 | - | rule of priority in paragraph (4) of this subsection; or | |
1248 | - | “(B) Enter judgment and sentence the actor for offenses that merge; | |
1249 | - | provided, that: | |
1250 | - | “(i) Sentences for the offenses run concurrent to one another; and | |
1251 | - | “(ii) The convictions for all but, at most, one of the offenses shall | |
1252 | - | be vacated after: | |
1253 | - | “(I) The time for appeal has expired; or | |
1254 | - | “(II) The judgment that was appealed has been decided. ENROLLED ORIGINAL | |
709 | + | “(b) No person in the District shall knowingly possess, sell, or transfer any item that is, in 512 | |
710 | + | fact, a large capacity ammunition feeding device regardless of whether the device is attached to a 513 | |
711 | + | firearm.”. 514 | |
712 | + | (2) A new subsection (c) is added to read as follows: 515 | |
713 | + | “(c) For the purposes of this section, the term “large capacity ammunition feeding 516 | |
714 | + | device” means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that 517 | |
715 | + | can be readily restored or converted to accept, more than 10 rounds of ammunition. The term 518 | |
716 | + | “large capacity ammunition feeding device” shall not include an attached tubular device 519 | |
717 | + | designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.”. 520 | |
718 | + | (c) Section 706 (D.C. Official Code § 7-2507.06) is amended as follows: 521 | |
719 | + | (1) Subsection (a) is amended as follows: 522 | |
720 | + | (A) Paragraph (3)(B) is repealed. 523 | |
721 | + | (B) Paragraph (4) is amended by striking the phrase “3 years, or both.” 524 | |
722 | + | and inserting the phrase “3 years, which shall be imposed consecutive to any other sentence of 525 | |
723 | + | incarceration, or both.” in its place. 526 | |
724 | + | (C) A new paragraph (5) is added to read as follows: 527 | |
725 | + | “(5) A person convicted of possessing a firearm with an intent to sell, offer for 528 | |
726 | + | sale, or make available for sale, in violation of section 501, shall be fined no more than the 529 | |
727 | + | amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, 530 ENGROSSED ORIGINAL | |
728 | + | ||
1255 | 729 | ||
1256 | 730 | ||
1257 | 731 | 29 | |
1258 | 732 | ||
1259 | 733 | ||
1260 | 734 | ||
1261 | - | “(4) When convictions are vacated under paragraph (3)(A) of this subsection, the | |
1262 | - | conviction that remains shall be the conviction for: | |
1263 | - | “(A) The offense with the highest authorized maximum period of | |
1264 | - | incarceration; or | |
1265 | - | “(B) If 2 or more offenses have the same highest authorized maximum | |
1266 | - | period of incarceration, any offense that the sentencing court deems appropriate.”. | |
1267 | - | (c) Section 201(b) (D.C. Official Code § 22-3601(b)) is amended to read as follows: | |
1268 | - | “(b) The provisions of subsection (a) of this section shall apply to the following offenses: | |
1269 | - | any crime of violence, as that term is defined in D.C. Official Code § 23-1331(4), theft, fraud in | |
1270 | - | the first degree, and fraud in the second degree, identity theft, financial exploitation of a | |
1271 | - | vulnerable adult or elderly person, or an attempt or conspiracy to commit any of the foregoing | |
1272 | - | offenses.”. | |
1273 | - | (d) New sections 203 and 204 are added to read as follows: | |
1274 | - | “Sec. 203. Enhanced penalty for committing a crime of violence against a person at a | |
1275 | - | Department of Parks and Recreation property. | |
1276 | - | “(a) Any person who commits a crime of violence, as that term is defined in D.C. Official | |
1277 | - | Code § 23-1331(4), against another person while located on a property administered by the | |
1278 | - | Department of Parks and Recreation may be punished by a fine of up to 1 1/2 times the | |
1279 | - | maximum fine otherwise authorized for the offense and may be imprisoned for a term of up to 1 | |
1280 | - | 1/2 times the maximum term of imprisonment otherwise authorized by the offense, or both. | |
1281 | - | “(b) For the purposes of this section, the term “property” means any park, field, court, | |
1282 | - | play area, facility, or building, and the associated parking lot. | |
1283 | - | “Sec. 204. Enhanced penalties for committing a crime of violence against vulnerable | |
1284 | - | adults. | |
1285 | - | “(a) Any person who commits a crime of violence, as that term is defined in D.C. Official | |
1286 | - | Code § 23-1331(4), against a vulnerable adult may be punished by a fine of up to 1 1/2 times the | |
1287 | - | maximum fine otherwise authorized for the offense and may be imprisoned for a term of up to 1 | |
1288 | - | 1/2 times the maximum term of imprisonment otherwise authorized for the offense, or both. | |
1289 | - | “(b) It is an affirmative defense that the accused knew or reasonably believed that the | |
1290 | - | victim was not a vulnerable adult at the time of the offense, or could not have known or | |
1291 | - | determined that the victim was a vulnerable adult because of the manner in which the offense | |
1292 | - | was committed. This defense shall be established by a preponderance of the evidence. | |
1293 | - | “(c) For the purposes of this section, the term “vulnerable adult” means a person who is | |
1294 | - | 18 years of age or older and has one or more physical or mental limitations that substantially | |
1295 | - | impairs the person’s ability to independently provide for their daily needs or safeguard their | |
1296 | - | person, property, or legal interests.”. | |
1297 | - | ||
1298 | - | Sec. 24. The Anti-Intimidation and Defacing of Public or Private Property Criminal ENROLLED ORIGINAL | |
735 | + | effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for 531 | |
736 | + | no less than 2 years nor more than 10 years, or both.”. 532 | |
737 | + | (2) Subsection (b) is amended by adding a new paragraph (1A) to read as follows: 533 | |
738 | + | “(1A) The administrative disposition provided for in this subsection shall not be 534 | |
739 | + | available to any person who has previously been convicted of any felony in the District or 535 | |
740 | + | elsewhere.”. 536 | |
741 | + | (d) Section 906(e) (D.C. Official Code § 7-2509.06(e)) is amended as follows: 537 | |
742 | + | (1) Strike the phrase “a licensee” and insert the phrase “a person” in its place. 538 | |
743 | + | (2) Strike the phrase “a licensee’s” and insert the phrase “a person’s” in its place. 539 | |
744 | + | (e) Section 1001(a)(2) (D.C. Official Code § 7-2510.01(a)(2)) is amended as follows: 540 | |
745 | + | (1) Subparagraph (A) is amended by striking the phrase “cohabitating, or 541 | |
746 | + | maintaining a romantic, dating, or sexual relationship” and inserting the phrase “cohabitating, or 542 | |
747 | + | is someone with whom the Respondent is, was, or is seeking to be in a romantic, dating, or 543 | |
748 | + | sexual relationship” in its place. 544 | |
749 | + | (2) Subparagraph (B) is amended to read as follows: 545 | |
750 | + | “(B) Any sworn member of a law enforcement agency operating in the 546 | |
751 | + | District of Columbia; or”. 547 ENGROSSED ORIGINAL | |
752 | + | ||
1299 | 753 | ||
1300 | 754 | ||
1301 | 755 | 30 | |
1302 | 756 | ||
1303 | 757 | ||
1304 | 758 | ||
1305 | - | Penalty Act of 1982, effective March 10, 1983 (D.C. Law 4-203; D.C. Official Code § 22-3312 | |
1306 | - | et seq.), is amended as follows: | |
1307 | - | (a) Section 4 (D.C. Official Code § 22-3312.03) is revived as of the effective date of the | |
1308 | - | Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 | |
1309 | - | (Enrolled version of Bill 25-345), and amended to read as follows: | |
1310 | - | “Sec. 4. Wearing masks. | |
1311 | - | “It shall be unlawful for any person over 16 years of age, while wearing any mask or | |
1312 | - | other article whereby a substantial portion of the face is hidden, concealed, or covered as to | |
1313 | - | conceal the identity of the wearer if the intent of the person is to avoid identification while | |
1314 | - | engaging in: | |
1315 | - | “(1) A dangerous crime, as that term is defined in D.C. Official Code § 23- | |
1316 | - | 1331(3); | |
1317 | - | “(2) A crime of violence, as that term is defined in D.C. Official Code § 23- | |
1318 | - | 1331(4); | |
1319 | - | “(3) Theft, as that term is defined in section 111 of the District of Columbia Theft | |
1320 | - | and White Collar Crimes Act of 1982, effective December 1, 1982 (D.C. Law 4-164; D.C. | |
1321 | - | Official Code § 22-3211; or | |
1322 | - | “(4) Threats to do bodily harm, as that term is defined by section 2 of An Act To | |
1323 | - | confer concurrent jurisdiction on the police court of the District of Columbia in certain | |
1324 | - | jurisdictions, approved July 16, 1912 (37 Stat. 193; D.C. Official Code § 22-407.”. | |
1325 | - | (b) Section 5(b) (D.C. Official Code § 22-3312.04(b)) is amended by striking the phrase | |
1326 | - | “shall be” and inserting the phrase “or section 4 shall be” in its place. | |
1327 | - | ||
1328 | - | Sec. 25. The Taxicab Drivers Protection Act of 2000, effective June 9, 2001 (D.C. Law | |
1329 | - | 13-307; D.C. Official Code § 22-3751 et seq.), is amended as follows: | |
1330 | - | (a) Section 2 (D.C. Official Code § 22-3751) is amended to read as follows: | |
1331 | - | “Sec. 2. Enhanced penalties for committing a crime of violence against transportation | |
1332 | - | providers. | |
1333 | - | “(a) Any person who commits a crime of violence, as that term is defined in D.C. Official | |
1334 | - | Code § 23-1331(4), against a transportation provider may be punished by a fine of up to 1 1/2 | |
1335 | - | times the maximum fine otherwise authorized for the offense and may be imprisoned for a term | |
1336 | - | of up to 1 1/2 times the maximum term of imprisonment otherwise authorized for the offense, or | |
1337 | - | both. | |
1338 | - | “(b) For the purposes of this section, the term “transportation provider” means a person | |
1339 | - | who operates within the District of Columbia a private vehicle-for-hire or a public vehicle-for- | |
1340 | - | hire, as those terms are defined in section 4(16A) and (17) of the Department of For-Hire | |
1341 | - | Vehicles Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official | |
1342 | - | Code § 50-301.03(16A) and (17)), or a person that provides transportation of parcels, food, or | |
1343 | - | beverages in the District for compensation .”. ENROLLED ORIGINAL | |
759 | + | (f) Section 1003(b)(1) (D.C. Official Code § 7-2510.03(b)(1)) is amended by striking the 548 | |
760 | + | phrase “respondent by a Metropolitan Police Department officer not fewer than 7 days before the 549 | |
761 | + | hearing” and inserting the phrase “respondent prior to the hearing” in its place. 550 | |
762 | + | (g) Section 1004(h) (D.C. Official Code § 7-2510.04(h)) is amended by striking the 551 | |
763 | + | phrase “good cause shown” and inserting the phrase “good cause shown, or for longer periods if 552 | |
764 | + | all parties consent” in its place. 553 | |
765 | + | (h) Section 1005(a) (D.C. Official Code § 7-2510.05(a)) is amended as follows: 554 | |
766 | + | (1) Paragraph (1) is amended by striking the phrase “by a sworn member of the 555 | |
767 | + | Metropolitan Police Department” and inserting the phrase “by any sworn law enforcement 556 | |
768 | + | officer, or in open court. Upon a finding of good cause, a judge may authorize personal service 557 | |
769 | + | by a person over the age of 18 who is not a sworn law enforcement officer” in its place. 558 | |
770 | + | (2) Paragraph (3) is amended by striking the phrase “shall notify the petitioner” 559 | |
771 | + | and inserting the phrase “shall notify the court, who shall note this on the docket and notify the 560 | |
772 | + | petitioner” in its place. 561 | |
773 | + | (i) Section 1006 (D.C. Official Code § 7-2510.06) is amended as follows: 562 | |
774 | + | (1) Subsection (a) is amended by striking the phrase “the court shall notify the 563 | |
775 | + | petitioner of the date” and inserting the phrase “the court shall send notice to the petitioner in 564 | |
776 | + | writing of the date” in its place. 565 ENGROSSED ORIGINAL | |
777 | + | ||
1344 | 778 | ||
1345 | 779 | ||
1346 | 780 | 31 | |
1347 | 781 | ||
1348 | 782 | ||
1349 | 783 | ||
1350 | - | (b) Section 2a (D.C. Official Code § 22-3751.01) is amended as follows: | |
1351 | - | (1) The section heading is amended to read as follows: | |
1352 | - | “Sec. 2a. Enhanced penalties for committing a crime of violence against transit operators, | |
1353 | - | Metrorail station managers, employees, and passengers.”. | |
1354 | - | (2) Subsection (a) is amended to read as follows: | |
1355 | - | “(a) Any person who commits a crime of violence, as that term is defined in D.C. Official | |
1356 | - | Code § 23-1331(4), against a transit operator, who, at the time of the offense, is authorized to | |
1357 | - | operate and is operating a mass transit vehicle in the District of Columbia, or against a Metrorail | |
1358 | - | station manager or Metrorail station employee while on duty in the District of Columbia, may be | |
1359 | - | punished by a fine of up to one and 1/2 times the maximum fine otherwise authorized for the | |
1360 | - | offense and may be imprisoned for a term of up to one and 1/2 times the maximum term of | |
1361 | - | imprisonment otherwise authorized by the offense, or both.”. | |
1362 | - | (3) A new subsection (a-1) is added to read as follows: | |
1363 | - | “(a-1) Any person who commits a crime of violence, as that term is defined in D.C. | |
1364 | - | Official Code § 23-1331(4), against a passenger of a mass transit vehicle may be punished by a | |
1365 | - | fine of up to one and 1/2 times the maximum fine otherwise authorized for the offense and may | |
1366 | - | be imprisoned for a term of up to one and 1/2 times the maximum term of imprisonment | |
1367 | - | otherwise authorized by the offense, or both.”. | |
1368 | - | (4) Subsection (b) is amended as follows: | |
1369 | - | (A) A new paragraph (1A) is added to read as follows: | |
1370 | - | “(1A) “Metrorail station employee” means any Washington Metropolitan Area | |
1371 | - | Transit Authority employee who operates a bus or train or works in a Metrorail station.”. | |
1372 | - | (B) A new paragraph (2A) is added to read as follows: | |
1373 | - | “(2A) “Passenger” means a person who is traveling on a mass transit vehicle or | |
1374 | - | waiting at a marked mass transit vehicle boarding location, such as a bus stop or Metrorail | |
1375 | - | station.”. | |
1376 | - | (c) Section 3 (D.C. Official Code § 22-3752) is repealed. | |
1377 | - | ||
1378 | - | Sec. 26. Section 2(6)(B) of the Sex Offender Registration Act of 1999, effective July 11, | |
1379 | - | 2000 (D.C. Law 13-137; D.C. Official Code § 22-4001(6)(B)), is amended by striking the phrase | |
1380 | - | “12 years” wherever it appears and inserting the phrase “13 years” in its place. | |
1381 | - | ||
1382 | - | Sec. 27. The DNA Sample Collection Act of 2001, effective November 3, 2001 (D.C. | |
1383 | - | Law 14-52; D.C. Official Code § 22-4151), is amended by adding new sections 2a and 2b to read | |
1384 | - | as follows: | |
1385 | - | “Sec. 2a. Collection and use of DNA identification information from defendants. | |
1386 | - | “(a)(1) The Mayor may collect a DNA sample from each individual who has been | |
1387 | - | charged by information, complaint, or indictment for: ENROLLED ORIGINAL | |
784 | + | (2) Subsection (c) is amended by striking the phrase “the respondent by a 566 | |
785 | + | Metropolitan Police Department officer not fewer than 21 days before the hearing” and inserting 567 | |
786 | + | the phrase “the respondent prior to the hearing by a person authorized to serve via personal 568 | |
787 | + | service” in its place. 569 | |
788 | + | (j) Section 1013 (D.C. Official Code § 7-2510.13) is amended as follows: 570 | |
789 | + | (1) Subsection (a)(2)(D) is amended to read as follows: 571 | |
790 | + | “(D) “The Johns Hopkins Center for Gun Violence Solutions;”. 572 | |
791 | + | (2) Subsection (c) is amended by striking the phrase “Working Group” and 573 | |
792 | + | inserting the phrase “Working Group, and shall convene the Working Group no later than April 574 | |
793 | + | 1, 2024” in its place. 575 | |
794 | + | (3) Subsection (e) is amended by striking the phrase “January 1, 2023” and 576 | |
795 | + | inserting the phrase “April 1, 2025” in its place. 577 | |
796 | + | (k) New sections 1014, 1015, and 1016 are added to read as follows: 578 | |
797 | + | “Sec. 1014. Public awareness initiatives. 579 | |
798 | + | “By September 1, 2023: 580 | |
799 | + | “(1) The Metropolitan Police Department shall prominently display information 581 | |
800 | + | about extreme risk protection orders, including the petition process, on its website; and 582 | |
801 | + | “(2) The Office of the Attorney General shall develop and implement a public 583 ENGROSSED ORIGINAL | |
802 | + | ||
1388 | 803 | ||
1389 | 804 | ||
1390 | 805 | 32 | |
1391 | 806 | ||
1392 | 807 | ||
1393 | 808 | ||
1394 | - | “(A) A crime of violence, as that term is defined in D.C. Official Code § | |
1395 | - | 23-1331(4); | |
1396 | - | “(B) A dangerous crime, as that term is defined in D.C. Official Code § | |
1397 | - | 23-1331(3); | |
1398 | - | “(C) The offenses listed in section 2(a)(3) through (7); or | |
1399 | - | “(D) Attempt or conspiracy to commit any of the offenses listed in | |
1400 | - | subparagraphs (A) through (C) of this paragraph. | |
1401 | - | “(2) If an individual appears in court having been charged by information, | |
1402 | - | complaint, or indictment with an offense set forth in subsection (a)(1) of this section without | |
1403 | - | previously having a DNA sample collected, the court may direct the collection of a DNA sample | |
1404 | - | from that individual. | |
1405 | - | “(3) DNA sample collection under this section may be limited to individuals who | |
1406 | - | are fingerprinted. | |
1407 | - | “(4) The Mayor, the Metropolitan Police Department, or the court, as applicable, | |
1408 | - | may authorize, or enter into agreements with, other local, state, or federal governmental agencies | |
1409 | - | or private entities to collect DNA samples under this section. | |
1410 | - | “(5) An agency or entity may, but need not, collect a DNA sample from an | |
1411 | - | individual if: | |
1412 | - | “(A) Another agency or entity has collected, or will collect, a DNA sample | |
1413 | - | from that individual and has provided, or will provide, the sample for analysis and inclusion of | |
1414 | - | the results in CODIS as provided in subsection (b) of this section; or | |
1415 | - | “(B) CODIS already contains a DNA analysis with respect to that | |
1416 | - | individual. | |
1417 | - | “(6) DNA sample collection may be repeated if the agency or entity responsible | |
1418 | - | for collection is informed that a sample collected from the individual does not satisfy the | |
1419 | - | requirements for analysis or for entry of the results of the analysis into CODIS. | |
1420 | - | “(b) The Mayor or other authorized agency or entity (as applicable) shall furnish an | |
1421 | - | individual’s DNA sample collected under this section to the Federal Bureau of Investigation | |
1422 | - | Laboratory, or to another laboratory approved by the FBI, for the purpose of carrying out a DNA | |
1423 | - | analysis on the DNA sample and including the results in CODIS. The requirement to furnish the | |
1424 | - | DNA sample to the FBI Laboratory or to another laboratory approved by the FBI may be | |
1425 | - | waived, with the permission of the FBI, if DNA samples are analyzed by means of Rapid DNA | |
1426 | - | instruments and the results are included in CODIS. DNA samples may not be collected, | |
1427 | - | analyzed, or included in CODIS under this section before a judicial officer has made an initial | |
1428 | - | probable cause finding that the individual committed an offense set forth in subsection (a)(1) of | |
1429 | - | this section. | |
1430 | - | “(c) Any DNA samples collected and records of DNA analyses generated under this | |
1431 | - | section shall be destroyed and expunged automatically from CODIS if: ENROLLED ORIGINAL | |
809 | + | awareness campaign to inform residents, professionals, and District government employees 584 | |
810 | + | about extreme risk protection orders, including the petition process. 585 | |
811 | + | “Sec. 1015. Implementation of strategic gun violence reduction strategies. 586 | |
812 | + | “(a)(1) The Metropolitan Police Department (“MPD”) shall facilitate a Law Enforcement 587 | |
813 | + | Shooting Review no less than twice per month to review each shooting in the District that 588 | |
814 | + | occurred since the last Law Enforcement Shooting Review, including non-fatal shootings. 589 | |
815 | + | “(2) The purpose of the Law Enforcement Shooting Reviews shall be to identify 590 | |
816 | + | the potential for retaliation and law enforcement or other government agency contacts or 591 | |
817 | + | interventions with persons involved in the reviewed shootings that may help to prevent 592 | |
818 | + | retaliatory criminal conduct, and then assign responsibilities for immediate contacts or 593 | |
819 | + | interventions. 594 | |
820 | + | “(3) The purpose of the Law Enforcement Shooting Review shall not be to 595 | |
821 | + | discuss information outside the investigative file. To the extent that there is any information 596 | |
822 | + | discussed during the Law Enforcement Shooting Review that is not already included in the 597 | |
823 | + | investigative file, MPD shall document that information in the investigative file. 598 | |
824 | + | “(b) The Deputy Mayor for Public Safety and Justice shall coordinate a Coordination 599 | |
825 | + | Meeting/Intervention Services Shooting Review no less than twice per month to review each 600 | |
826 | + | shooting in the District that occurred since the last Coordination Meeting/Intervention Services 601 | |
827 | + | Shooting Review from a services and response perspective, in order to identify and assign 602 ENGROSSED ORIGINAL | |
828 | + | ||
1432 | 829 | ||
1433 | 830 | ||
1434 | 831 | 33 | |
1435 | 832 | ||
1436 | 833 | ||
1437 | 834 | ||
1438 | - | “(1) A criminal action begun against the individual does not result in a conviction | |
1439 | - | of the individual for an offense set forth in subsection (a)(1) of this section; | |
1440 | - | “(2) The conviction for an offense set forth in subsection (a)(1) of this section is | |
1441 | - | reversed or vacated and no new trial is permitted; or | |
1442 | - | “(3) The individual is granted an unconditional pardon. | |
1443 | - | “(d) The authorization of DNA sample collection by this section shall not limit DNA | |
1444 | - | sample collection by any agency pursuant to any other authority. | |
1445 | - | “(e) For the purposes of this section, the terms “DNA sample”, “DNA analysis”, and | |
1446 | - | “Rapid DNA instruments” shall have the same meaning as provided in 34 U.S.C. § 40703(c). | |
1447 | - | “Sec. 2b. Collection of DNA identification information from convicted offenders. | |
1448 | - | “(a)(1) A District agency may collect a DNA sample from an individual who is, or has | |
1449 | - | been, convicted of an offense set forth in section 2(a). | |
1450 | - | “(2) A District agency or the court, as applicable, may authorize, or enter into | |
1451 | - | agreements with, other local, state, or federal governmental agencies or private entities to collect | |
1452 | - | DNA samples under this section. | |
1453 | - | “(3) An agency or entity may, but need not, collect a DNA sample from an | |
1454 | - | individual if: | |
1455 | - | “(A) Another agency or entity has collected, or will collect, a DNA sample | |
1456 | - | from that individual and has provided, or will provide, the sample for analysis and inclusion of | |
1457 | - | the results in CODIS as provided in subsection (b) of this section; or | |
1458 | - | “(B) CODIS already contains a DNA analysis with respect to that | |
1459 | - | individual. | |
1460 | - | “(4) DNA sample collection may be repeated if the agency or entity responsible | |
1461 | - | for collection is informed that a sample collected from the individual does not satisfy the | |
1462 | - | requirements for analysis or for entry of the results of the analysis into CODIS. | |
1463 | - | “(b) The agency or entity, as applicable, shall furnish each DNA sample collected under | |
1464 | - | this section to the Federal Bureau of Investigation Laboratory, or to another laboratory approved | |
1465 | - | by the FBI, for the purpose of carrying out a DNA analysis on each such DNA sample and | |
1466 | - | including the results in CODIS. The requirements of this subsection may be waived, with the | |
1467 | - | permission of the Federal Bureau of Investigation, if DNA samples are analyzed by means of | |
1468 | - | Rapid DNA instruments and the results are included in CODIS. | |
1469 | - | “(c) The authorization of DNA sample collection by this section shall not limit DNA | |
1470 | - | sample collection by any agency pursuant to any other authority. | |
1471 | - | “(d) For the purposes of this section, the terms “DNA sample”, “DNA analysis”, and | |
1472 | - | “Rapid DNA instruments” shall have the same meaning as provided in 34 U.S.C. § 40703(c).”. | |
1473 | - | ||
1474 | - | Sec. 28. The Criminal Justice Coordinating Council for the District of Columbia | |
1475 | - | Establishment Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 22- | |
1476 | - | 4231 et seq.), is amended as follows: ENROLLED ORIGINAL | |
835 | + | government and community partners to outreach and engage those high-risk individuals 603 | |
836 | + | implicated by the shootings. 604 | |
837 | + | “Sec. 1016. Firearm tracing data and accountability report. 605 | |
838 | + | “By February 1 of each year, the Mayor shall submit to the Council and post on the 606 | |
839 | + | Mayor’s website a report that includes the following information, using data from the preceding 607 | |
840 | + | calendar year: 608 | |
841 | + | “(1) The total number of firearms recovered in the District; 609 | |
842 | + | “(2) The location where each firearm was recovered, disaggregated by police 610 | |
843 | + | district; 611 | |
844 | + | “(3) The total number of ghost guns recovered in the District.; 612 | |
845 | + | “(4) To the extent possible, the number of firearms recovered, disaggregated by, if 613 | |
846 | + | available, manufacturer, firearm model, state or country of origin, and the last known point of 614 | |
847 | + | sale, transfer, theft, or loss of such firearm; and 615 | |
848 | + | “(5) To the extent possible, an analysis of purchase patterns with the available 616 | |
849 | + | information from the firearms recovered.”. 617 | |
850 | + | Sec. 17. Section 214 of the Neighborhood Engagement Achieves Results Amendment 618 | |
851 | + | Act of 2016, effective June 30, 2016 (D.C. Law 21-125; D.C. Official Code § 7-2831), is 619 | |
852 | + | amended as follows: 620 | |
853 | + | (a) Subsection (a) is amended to read as follows: 621 ENGROSSED ORIGINAL | |
854 | + | ||
1477 | 855 | ||
1478 | 856 | ||
1479 | 857 | 34 | |
1480 | 858 | ||
1481 | 859 | ||
1482 | 860 | ||
1483 | - | (a) Section 1504(a) (D.C. Official Code § 22-4233(a)) is amended as follows: | |
1484 | - | (1) Paragraph (20) is amended by striking the phrase “; and” and inserting a | |
1485 | - | semicolon in its place. | |
1486 | - | (2) Paragraph (21) is amended by striking the period and inserting the phrase “; | |
1487 | - | and” in its place. | |
1488 | - | (3) A new paragraph (22) is added to read as follows: | |
1489 | - | “(22) The Chairperson of the District of Columbia Sentencing Commission.”. | |
1490 | - | (b) Section 1505 (D.C. Official Code § 22-4234) is amended as follows: | |
1491 | - | (1) Subsection (a) is amended by adding a new paragraph (9) to read as follows: | |
1492 | - | “(9) Conduct research and analysis on matters affecting public safety and criminal | |
1493 | - | justice, including research and analysis utilizing behavioral health, physical health, employment, | |
1494 | - | and education data.”. | |
1495 | - | (2) A new subsection (a-1) is added to read as follows: | |
1496 | - | “(a-1) Agencies are authorized to provide personally identifying information to the | |
1497 | - | Criminal Justice Coordinating Council to aid in the development of reports pursuant to this | |
1498 | - | section.”. | |
1499 | - | (3) New subsections (b-5), (b-6), (b-7), (b-8), (b-9), (b-10), and (b-11) are added | |
1500 | - | to read as follows: | |
1501 | - | “(b-5)(1) By December 1, 2023, and on a quarterly basis thereafter, the CJCC shall | |
1502 | - | submit to the Mayor and the Council and post on its website a report that includes, in accordance | |
1503 | - | with existing law, aggregate data on the following with respect to the criminal justice and | |
1504 | - | juvenile justice systems: | |
1505 | - | “(A) Diversion; | |
1506 | - | “(B) Pretrial supervision; | |
1507 | - | “(C) Detention; | |
1508 | - | “(D) Prosecution; | |
1509 | - | “(E) Sentencing; | |
1510 | - | “(F) Commitment; | |
1511 | - | “(G) Incarceration; | |
1512 | - | “(H) Probation; | |
1513 | - | “(I) Parole; | |
1514 | - | “(J) Supervised release; and | |
1515 | - | “(K) Deferred prosecution agreements, deferred sentencing agreements, | |
1516 | - | deferred disposition agreements, and consent decrees. | |
1517 | - | “(2) The CJCC shall include in the report information and context to aid the | |
1518 | - | general public in interpretation of the data. | |
1519 | - | “(3) Prior to submitting and posting the aggregate data, the CJCC shall provide | |
1520 | - | each agency that supplies data at least 15 business days to review and comment on the data | |
1521 | - | presentation and any analysis relevant to the agency. The CJCC shall review the feedback and ENROLLED ORIGINAL | |
861 | + | “(a)(1) There is established a Private Security Camera System Incentive Program 622 | |
862 | + | (“Program”), to be administered by the Mayor, to encourage the purchase and installation of the 623 | |
863 | + | following: 624 | |
864 | + | “(A) A security camera system on the exterior of a building owned or 625 | |
865 | + | leased by an individual, business, nonprofit, religious institution, or an entity as that term is 626 | |
866 | + | defined in D.C. Official Code § 29-101.02(10); 627 | |
867 | + | “(B) A security camera system on the interior of a building owned or 628 | |
868 | + | leased by a business that has less than $2.5 million federal gross receipts or sales; and 629 | |
869 | + | “(C) Glass break sensors installed on the interior of a building owned or 630 | |
870 | + | leased by a business that has less than $2.5 million federal gross receipts or sales. 631 | |
871 | + | “(2) A security camera system purchased and installed pursuant to paragraph 632 | |
872 | + | (1)(A) or (B) of this subsection shall be registered with the Metropolitan Police Department.”. 633 | |
873 | + | (b) Subsection (b) is amended as follows: 634 | |
874 | + | (1) Paragraph (1) is amended to read as follows: 635 | |
875 | + | “(1) Purchase and install: 636 | |
876 | + | “(A) After September 22, 2015, a security camera system on the exterior 637 | |
877 | + | of the building; 638 | |
878 | + | “(B) After the applicability date of section 17 of the Secure DC Omnibus 639 | |
879 | + | Amendment Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed version of Bill 640 ENGROSSED ORIGINAL | |
880 | + | ||
1522 | 881 | ||
1523 | 882 | ||
1524 | 883 | 35 | |
1525 | 884 | ||
1526 | 885 | ||
1527 | 886 | ||
1528 | - | make reasonable efforts to collaborate with agencies to ensure accuracy in the analysis and | |
1529 | - | presentation of each agency’s data. | |
1530 | - | “(b-6) The CJCC shall post the following year-to-date data on its website monthly, | |
1531 | - | beginning with the earliest year for which CJCC is able to obtain historical data: | |
1532 | - | “(1) Arrests for violent crimes committed by juveniles and adults, by offense; and | |
1533 | - | “(2) Gun violence and homicide counts and rates citywide and by ward, | |
1534 | - | neighborhood, and police service area. | |
1535 | - | “(b-7)(1) By August 1, 2024, and on a quarterly basis thereafter, the CJCC shall submit to | |
1536 | - | the Mayor and the Council and post on its website a report that includes the following: | |
1537 | - | “(A) The number of arrests made by the Metropolitan Police Department | |
1538 | - | in the prior quarter for a warrant issued when a defendant fails to appear in court (“bench | |
1539 | - | warrant”); | |
1540 | - | “(B) The number of arrests made by the United States Marshals Service in | |
1541 | - | the prior quarter for a bench warrant; | |
1542 | - | “(C) The number of new bench warrants issued by the Superior Court in | |
1543 | - | the prior quarter; | |
1544 | - | “(D) The total number of outstanding bench warrants; and | |
1545 | - | “(E) The number of arrestees arrested in the prior quarter for a different | |
1546 | - | offense while actively under a bench warrant. | |
1547 | - | “(2) Where applicable, the report created under paragraph (1) of this subsection | |
1548 | - | shall disaggregate data by whether the underlying offense in the case was a misdemeanor or | |
1549 | - | felony. | |
1550 | - | “(b-8)(1) Beginning March 1, 2025, and by March 1 of each year thereafter, the CJCC | |
1551 | - | shall submit to the Mayor and the Council and post on its website a report that analyzes the | |
1552 | - | trends associated with the Metropolitan Police Department’s felony crime statistics. The report | |
1553 | - | shall include: | |
1554 | - | “(A) The number and type of felony arrests made by the Metropolitan | |
1555 | - | Police Department; | |
1556 | - | “(B) The number of felony arrests that resulted in conviction and the | |
1557 | - | sentence imposed; | |
1558 | - | “(C) The location of felony arrests by ward, district, and police service | |
1559 | - | area; | |
1560 | - | “(D) The number of suspects involved in each felony arrest; | |
1561 | - | “(E) The number of victims involved in each felony arrest; | |
1562 | - | “(F) The characteristics of each suspect arrested for a felony crime, | |
1563 | - | including: | |
1564 | - | “(i) The age of the suspect; | |
1565 | - | “(ii) The race of the suspect; | |
1566 | - | “(iii) The gender of the suspect; ENROLLED ORIGINAL | |
887 | + | 25-345), a security camera system installed on the interior of a building owned or leased by a 641 | |
888 | + | business that has less than $2.5 million federal gross receipts or sales; or 642 | |
889 | + | “(C) After the applicability date of section 17 of the Secure DC Omnibus 643 | |
890 | + | Amendment Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed version of Bill 644 | |
891 | + | 25-345), glass break sensors installed on the interior of the building owned or leased by a 645 | |
892 | + | business that has less than $2.5 million federal gross receipts or sales;”. 646 | |
893 | + | (2) Paragraph (2) is amended to read as follows: 647 | |
894 | + | “(2) For security camera systems installed on the exterior or interior of a building, 648 | |
895 | + | register the security camera system with the Metropolitan Police Department;”. 649 | |
896 | + | (c) Subsection (c) is amended as follows: 650 | |
897 | + | (1) Paragraph (1) is amended to read as follows: 651 | |
898 | + | “(1) Upon approval of a rebate claim submitted pursuant to subsection (b) of this 652 | |
899 | + | section, the Program shall provide a rebate; provided, that the amount of the rebate shall not be 653 | |
900 | + | more than the purchase price of the security camera system or glass break sensors.”. 654 | |
901 | + | (2) Paragraph (3) is repealed. 655 | |
902 | + | (d) Subsection (d)(1) is amended by striking the phrase “under the District of Columbia 656 | |
903 | + | Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101; D.C. Official Code § 4-657 | |
904 | + | 201.01 et seq.)” and inserting the phrase “under the District of Columbia Public Assistance Act 658 ENGROSSED ORIGINAL | |
905 | + | ||
1567 | 906 | ||
1568 | 907 | ||
1569 | 908 | 36 | |
1570 | 909 | ||
1571 | 910 | ||
1572 | 911 | ||
1573 | - | “(iv) The level of education of the suspect; | |
1574 | - | “(v) The police service area where the suspect resides; | |
1575 | - | “(vi) The number of prior arrests and contacts the suspect has had | |
1576 | - | with the Metropolitan Police Department as a victim, witness, or suspect; | |
1577 | - | “(vii) The number and type of convictions on the suspect’s | |
1578 | - | criminal record; | |
1579 | - | “(viii) The suspect’s relationship, if any, to the victim of the crime | |
1580 | - | for which he or she was charged; and | |
1581 | - | “(ix) If known, whether the suspect has had prior contact with the | |
1582 | - | Department of Behavioral Health; and | |
1583 | - | “(G) The characteristics of each victim involved in a felony crime, | |
1584 | - | including: | |
1585 | - | “(i) The age of the victim; | |
1586 | - | “(ii) The race of the victim; | |
1587 | - | “(iii) The gender of the victim; | |
1588 | - | “(iv) The level of education of the victim; | |
1589 | - | “(v) The police service area where the victim resides; | |
1590 | - | “(vi) The number of prior arrests and contacts the victim has had | |
1591 | - | with the Metropolitan Police Department, as a victim, witness, or suspect; | |
1592 | - | “(vii) The number and type of convictions on the victim’s criminal | |
1593 | - | record; and | |
1594 | - | “(viii) The victim’s relationship, if any, to the suspect. | |
1595 | - | “(2) District agencies shall provide information to CJCC upon request to facilitate | |
1596 | - | the creation of the report required by this subsection. | |
1597 | - | “(b-9) The CJCC shall submit a report to the Mayor and Council on the efficacy of the | |
1598 | - | pretrial detention provisions in the Secure DC Omnibus Amendment Act of 2024, passed on 2nd | |
1599 | - | reading on March 5, 2024 (Enrolled version of Bill 25-345), no later than 180 days after the | |
1600 | - | applicability date of section 30(f), (g), and (h) of the Secure DC Omnibus Amendment Act of | |
1601 | - | 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345) (“Secure DC | |
1602 | - | Omnibus”). The report shall include the following descriptive data: | |
1603 | - | “(1) The number and percentage of defendants whose charges are subject to the | |
1604 | - | pretrial detention provisions in the Secure DC Omnibus; | |
1605 | - | “(2) The number and percentage of defendants who were released pretrial prior to | |
1606 | - | the effective date of the Prioritizing Public Safety Emergency Amendment Act of 2023, effective | |
1607 | - | July 20, 2023 (D.C. Act 25-175; 70 DCR 10358) (“Prioritizing Public Safety Emergency”), and | |
1608 | - | after the effective date of the Secure DC Omnibus, by type of offense for which the defendant | |
1609 | - | was charged; | |
1610 | - | “(3) The number and percentage of defendants who were rearrested while on | |
1611 | - | pretrial release prior to the effective date of the Prioritizing Public Safety Emergency and after ENROLLED ORIGINAL | |
912 | + | of 1982, effective April 6, 1982 (D.C. Law 4-101; D.C. Official Code § 4-201.01 et seq.), or 659 | |
913 | + | receipt of benefits under the Supplemental Nutrition Assistance Program” in its place. 660 | |
914 | + | (e) Subsection (e)(1)(C) is repealed. 661 | |
915 | + | (f) Subsection (f) is amended as follows: 662 | |
916 | + | (1) Paragraph (1) is amended by striking the phrase “system verification” and 663 | |
917 | + | inserting the phrase “verification of the security camera system or glass break sensors” in its 664 | |
918 | + | place. 665 | |
919 | + | (2) Paragraph (2) is amended by striking the phrase “a system” and inserting the 666 | |
920 | + | phrase “a security camera system” in its place. 667 | |
921 | + | (3) Paragraph (3) is amended by striking the phrase “; and” and inserting a 668 | |
922 | + | semicolon in its place. 669 | |
923 | + | (4) Paragraph (4) is amended by striking the period and inserting the phrase “; 670 | |
924 | + | and” in its place. 671 | |
925 | + | (5) A new paragraph (5) is added to read as follows: 672 | |
926 | + | “(5) The maximum amount of rebate that is available under this section.”. 673 | |
927 | + | (g) Subsection (h) is amended as follows: 674 | |
928 | + | (1) Paragraph (2) is amended by striking the phrase “private security cameras” 675 | |
929 | + | and inserting the phrase “private security cameras and glass break sensors” in its place. 676 | |
930 | + | (2) Paragraph (4) is amended by striking the phrase “subsection (c)(1)(A) or (B)” 677 ENGROSSED ORIGINAL | |
931 | + | ||
1612 | 932 | ||
1613 | 933 | ||
1614 | 934 | 37 | |
1615 | 935 | ||
1616 | 936 | ||
1617 | 937 | ||
1618 | - | the effective date of the Secure DC Omnibus, by type of underlying offense for which the | |
1619 | - | defendant was charged and by type of rearrest offense; and | |
1620 | - | “(4) The time from the start of pretrial supervision to rearrest for pretrial | |
1621 | - | defendants who were rearrested for dangerous crimes or crimes of violence prior to the effective | |
1622 | - | date of the Prioritizing Public Safety Emergency and after the effective date of the Secure DC | |
1623 | - | Omnibus, which shall be disaggregated by type of underlying offense for which the defendant | |
1624 | - | was charged. | |
1625 | - | “(b-10) The CJCC shall submit a report to the Mayor and Council on the provisions in the | |
1626 | - | Secure DC Omnibus relating to pre-trial detention for juveniles. The report shall include the | |
1627 | - | following descriptive data: | |
1628 | - | “(1) The number and percentage of juveniles who have been found to have a | |
1629 | - | substantial probability to have committed a crime that is subject to the juvenile detention | |
1630 | - | provisions in the Secure DC Omnibus; | |
1631 | - | “(2) The number and percentage of juveniles who have been found to have a | |
1632 | - | substantial probability to have committed a crime that is subject to the juvenile detention | |
1633 | - | provisions in the Secure DC Omnibus who were released before a factfinding or dispositional | |
1634 | - | hearing prior to the effective date of the Prioritizing Public Safety Emergency, and after the | |
1635 | - | applicability date of section 28 of the Secure DC Omnibus by type of offense for which the juvenile | |
1636 | - | was charged; | |
1637 | - | “(3) The number and percentage of juveniles who have been found to have a | |
1638 | - | substantial probability to have committed a crime that is subject to the juvenile detention | |
1639 | - | provisions in the Secure DC Omnibus who were placed in a youth shelter before a factfinding or | |
1640 | - | dispositional hearing prior to the effective date of the Prioritizing Public Safety Emergency, and | |
1641 | - | after the applicability date of section 28 of the Secure DC Omnibus by type of offense for which | |
1642 | - | the juvenile was charged; | |
1643 | - | “(4) The number and percentage of juveniles who have been found to have a | |
1644 | - | substantial probability to have committed a crime that is subject to the juvenile detention | |
1645 | - | provisions in the Secure DC Omnibus who were rearrested while on release prior to a factfinding | |
1646 | - | or dispositional hearing prior to the effective date of the Prioritizing Public Safety Emergency and | |
1647 | - | after the applicability date of section 28 of the Secure DC Omnibus, by type of underlying offense | |
1648 | - | for which the juvenile was charged and by type of rearrest offense; | |
1649 | - | “(5) The number and percentage of juveniles who have been found to have a | |
1650 | - | substantial probability to have committed a crime that is subject to the juvenile detention | |
1651 | - | provisions in the Secure DC Omnibus who were rearrested while placed in a youth shelter prior to | |
1652 | - | a factfinding or dispositional hearing prior to the effective date of the Prioritizing Public Safety | |
1653 | - | Emergency and after the applicability date of section 28 of the Secure DC Omnibus, by type of | |
1654 | - | underlying offense for which the juvenile was charged and by type of rearrest offense; | |
1655 | - | (6) The time from when a juvenile who was ordered released to rearrest for | |
1656 | - | juveniles who have been found to have a substantial probability to have committed a crime who ENROLLED ORIGINAL | |
938 | + | and inserting the phrase “subsection (c)(1)(A), (B), or (C)” in its place. 678 | |
939 | + | (h) Subsection (i) is amended to read as follows: 679 | |
940 | + | “(i) For the purposes of this section, the term “security camera system” means one or 680 | |
941 | + | more indoor or outdoor surveillance cameras with functioning digital video recording 681 | |
942 | + | capability.”. 682 | |
943 | + | (i) A new subsection (j) is added to read as follows: 683 | |
944 | + | “(j) The Office of Victim Services and Justice Grants shall include performance measures 684 | |
945 | + | and targets for the private security camera program in its annual performance plans, as well as 685 | |
946 | + | data on actual performance in its annual performance plans.”. 686 | |
947 | + | Sec. 18. Section 14-307(d)(2) of District of Columbia Official Code is amended by 687 | |
948 | + | striking the phrase “confidential information” and inserting the phrase “confidential information 688 | |
949 | + | of a victim” in its place. 689 | |
950 | + | Sec. 19. Title 16 of the District of Columbia Official Code is amended as follows: 690 | |
951 | + | (a) Section 16-705(b)(1)(C)(ii) is amended by striking the phrase “; and” and inserting 691 | |
952 | + | the phrase “if the law enforcement officer was in uniform or acting in an official capacity at the 692 | |
953 | + | time of the offense; and” in its place. 693 | |
954 | + | (b) Section 16-1053(a) is amended as follows: 694 | |
955 | + | (1) Paragraph (9) is amended by striking the phrase “; and” and inserting a 695 | |
956 | + | semicolon in its place. 696 ENGROSSED ORIGINAL | |
957 | + | ||
1657 | 958 | ||
1658 | 959 | ||
1659 | 960 | 38 | |
1660 | 961 | ||
1661 | 962 | ||
1662 | 963 | ||
1663 | - | were rearrested for dangerous crimes or crimes of violence prior to the effective date of the | |
1664 | - | Prioritizing Public Safety Emergency and after the applicability date of section 28 of the Secure | |
1665 | - | DC Omnibus; which data shall be disaggregated, by type of underlying offense for which the | |
1666 | - | juvenile was charged; and | |
1667 | - | “(7) The time from when a juvenile who was placed in a youth shelter to rearrest | |
1668 | - | for juveniles who have been found to have a substantial probability to have committed a crime | |
1669 | - | who were rearrested for dangerous crimes or crimes of violence prior to the effective date of the | |
1670 | - | Prioritizing Public Safety Emergency and after the applicability date of section 28 of the Secure | |
1671 | - | DC Omnibus; which data shall be disaggregated, by type of underlying offense for which the | |
1672 | - | juvenile was charged; provided. | |
1673 | - | “(b-11)(1) Within one year after the applicability date of section 28 of the Secure DC | |
1674 | - | Omnibus, the CJCC shall submit to the Council a report on the programs and policies for witness | |
1675 | - | assistance in the District related to the safety and security of witnesses, and recommendations for | |
1676 | - | improvement thereof. | |
1677 | - | “(A) The report shall encompass witness assistance programs, procedures, | |
1678 | - | and operations conducted by the Metropolitan Police Department, the Office of Victims Services | |
1679 | - | and Justice Grants, the Office of the Attorney General, the United States Attorney’s Office, the | |
1680 | - | Superior Court of the District of Columbia, and any other entity deemed relevant by the CJCC; | |
1681 | - | “(B) For the purposes of this subsection, the term “witnesses assistance” | |
1682 | - | means any service related to the safety and security of witnesses to criminal cases, but shall not | |
1683 | - | include the federal Witness Protection Program or any witness assistance program related to | |
1684 | - | travel or court proceedings such as interpretation services; and | |
1685 | - | “(C) The report shall include: | |
1686 | - | “(i) An outline of current witness assistance programs related to | |
1687 | - | the safety and security of witnesses in the District, including: | |
1688 | - | “(I) The spectrum of services to which witnesses are | |
1689 | - | referred that are provided by District agencies or organizations operating human support services | |
1690 | - | utilizing grants from the District; | |
1691 | - | “(II) Standard operating procedures for coordination | |
1692 | - | between witness assistance programs of the different entities identified in subparagraph (A) of | |
1693 | - | this paragraph; | |
1694 | - | “(III) Information on the success rate of witness relocations | |
1695 | - | for the purposes of witness safety and security, including the frequency of witnesses returning to | |
1696 | - | a location placing them at risk; and | |
1697 | - | “(IV) Anonymized and general information on the number | |
1698 | - | of persons served by witness assistance programs for safety and security in the District, and any | |
1699 | - | metrics that are tracked to indicate success; | |
1700 | - | “(ii) An assessment of any overlaps or gaps in witness assistance, | |
1701 | - | including referral time and barriers presented by program eligibility or application processes; ENROLLED ORIGINAL | |
964 | + | (2) Paragraph (10) is amended by striking the period and inserting the phrase “; 697 | |
965 | + | and” in its place. 698 | |
966 | + | (3) A new paragraph (11) is added to read as follows: 699 | |
967 | + | “(11) The Office of Unified Communications.”. 700 | |
968 | + | (c)(1) Section 16-2310(a-1)(1)(A) is amended to read as follows: 701 | |
969 | + | “(A) Committed: 702 | |
970 | + | “(i) A dangerous crime or a crime of violence while armed with or 703 | |
971 | + | having readily available a knife, pistol, firearm, or imitation firearm; or 704 | |
972 | + | “(ii) Unarmed murder, first-degree sexual abuse, carjacking, or 705 | |
973 | + | assault with intent to commit any such offense; or”. 706 | |
974 | + | (2) Paragraph (1) of this subsection shall expire 225 days after the effective date 707 | |
975 | + | of the Secure DC Omnibus Amendment Act of 2024, passed on 1st reading on February 6 ,2024 708 | |
976 | + | (Engrossed version of Bill 25-345). 709 | |
977 | + | (d) Section 16-2316(e) is amended as follows: 710 | |
978 | + | (1) Paragraph (3) is amended by striking the phrase “District of Columbia” and 711 | |
979 | + | inserting the phrase “District of Columbia, after providing respondent’s counsel and the Attorney 712 | |
980 | + | General with notice and the opportunity to be heard regarding the admission of non-necessary 713 | |
981 | + | persons,” in its place. 714 ENGROSSED ORIGINAL | |
982 | + | ||
1702 | 983 | ||
1703 | 984 | ||
1704 | 985 | 39 | |
1705 | 986 | ||
1706 | 987 | ||
1707 | 988 | ||
1708 | - | “(iii) An estimate of the number of placements in temporary | |
1709 | - | shelters, hotels, and other housing programs operated by the District or grantees that would be | |
1710 | - | needed to provide adequate witness assistance without concerns about housing availability; | |
1711 | - | “(iv) Recommended performance metrics for witness assistance | |
1712 | - | provided by District agencies and grantees; | |
1713 | - | “(v) Recommended procedures that would improve handoffs | |
1714 | - | between local and federal partners to ensure a continuum of care; | |
1715 | - | “(vi) A review of national best practices for state and local-level | |
1716 | - | witness assistance programs; | |
1717 | - | “(vii) An assessment of the total fiscal impact of witness assistance | |
1718 | - | in the District, broken down by agency and function, for at least the prior four fiscal years, and | |
1719 | - | recommended funding levels; and | |
1720 | - | “(viii) Policy recommendations to maximize the effective use of | |
1721 | - | witness assistance for the investigation and prosecution of criminal cases. | |
1722 | - | “(2) The CJCC shall submit to the Council a confidential version of the report, | |
1723 | - | which shall not be publicly available or disclosed to a member of the public.”. | |
1724 | - | (3) A new subsection (d) is added to read as follows: | |
1725 | - | “(d)(1) The CJCC shall conduct research and analysis, and develop reports, pertaining to | |
1726 | - | childhood factors that increase the likelihood of future involvement in gun violence for young | |
1727 | - | adults. | |
1728 | - | “(2) Upon request by the CJCC, and to aid in the development of reports produced | |
1729 | - | pursuant to this section, the Department of Health Care Finance (“DHCF”) shall provide, or cause | |
1730 | - | to be provided, the following information to the CJCC on adult individuals included in a given | |
1731 | - | study sample for the period of time when the individuals were under 18 years of age, including | |
1732 | - | any associated personal identifying information: | |
1733 | - | “(A) Demographic data, including: | |
1734 | - | “(i) Name, address, and date of birth; | |
1735 | - | “(ii) Sex; | |
1736 | - | “(iii) Gender; | |
1737 | - | “(iv) Race; and | |
1738 | - | “(v) Ethnicity; | |
1739 | - | “(B) Enrollment data, including; | |
1740 | - | “(i) Eligibility start date; | |
1741 | - | “(ii) Eligibility end date; and | |
1742 | - | “(iii) Eligibility basis; | |
1743 | - | “(C) Claims data with mental, behavioral, and neurodevelopmental disorder | |
1744 | - | diagnoses; and | |
1745 | - | “(D) Claims data with mental health procedures. ENROLLED ORIGINAL | |
989 | + | (2) Paragraph (4) is amended by striking the phrase “attend transfer, factfinding, 715 | |
990 | + | disposition, and post-disposition hearings, subject” and inserting the phrase “attend any transfer, 716 | |
991 | + | plea, factfinding, disposition, or post-disposition hearing, subject” in its place. 717 | |
992 | + | (3) Paragraph (5) is amended by striking the phrase “transfer, factfinding,” and 718 | |
993 | + | inserting the phrase “transfer, plea, factfinding,” in its place. 719 | |
994 | + | (e) Section 16-2331 is amended as follows: 720 | |
995 | + | (1) Subsection (c) is amended as follows: 721 | |
996 | + | (A) Paragraph (2) is amended as follows: 722 | |
997 | + | (i) Subparagraph (D) is amended as follows: 723 | |
998 | + | (I) Sub-subparagraph (vi) is amended by striking the phrase 724 | |
999 | + | “; or” and inserting a semicolon in its place. 725 | |
1000 | + | (II) New sub-subparagraphs (viii) and (ix) are added to read 726 | |
1001 | + | as follows: 727 | |
1002 | + | “(viii) The respondent being in abscondence for more than 24 728 | |
1003 | + | hours; or 729 | |
1004 | + | “(ix) The respondent having escaped from a facility;”. 730 | |
1005 | + | (ii) Subparagraph (E) is amended as follows: 731 | |
1006 | + | (I) Sub-subparagraph (vi) is amended by striking the phrase 732 | |
1007 | + | “; or” and inserting a semicolon in its place. 733 ENGROSSED ORIGINAL | |
1008 | + | ||
1746 | 1009 | ||
1747 | 1010 | ||
1748 | 1011 | 40 | |
1749 | 1012 | ||
1750 | 1013 | ||
1751 | 1014 | ||
1752 | - | “(3) Where necessitated by District or federal law or regulations, DHCF may enter | |
1753 | - | into a Memorandum of Understanding with the CJCC regarding the disclosure of data and other | |
1754 | - | information pursuant to this section.”. | |
1755 | - | (c) A new section 1507 is added to read as follows: | |
1756 | - | “Sec. 1507. Prearrest Diversion Task Force. | |
1757 | - | “(a) There is established a Prearrest Diversion Task Force (“Task Force”) within the | |
1758 | - | Criminal Justice Coordinating Council. | |
1759 | - | “(b) The Task Force shall consist of the following members and organizations, or their | |
1760 | - | designees: | |
1761 | - | “(1) The Deputy Mayor for Public Safety and Justice; | |
1762 | - | “(2) The Deputy Mayor for Health and Human Services; | |
1763 | - | “(3) The Chief of Police of the Metropolitan Police Department; | |
1764 | - | “(4) The Director of the Department of Behavioral Health; | |
1765 | - | “(5) The Attorney General for the District of Columbia; | |
1766 | - | “(6) The chairperson of the Council committee with jurisdiction over judiciary | |
1767 | - | and public safety matters; | |
1768 | - | “(7) The Executive Director of the Criminal Justice Coordinating Council; | |
1769 | - | “(8) One representative from a community organization with expertise in mental | |
1770 | - | or behavioral health issues, appointed by the Chairperson of the Task Force; | |
1771 | - | “(9) One representative from a community organization with expertise in | |
1772 | - | substance use disorder issues, appointed by the Chairperson of the Task Force; and | |
1773 | - | “(10) One representative from a community organization with expertise in | |
1774 | - | housing issues, appointed by the Chairperson of the Task Force. | |
1775 | - | “(c) The members of the Task Force shall select a Chairperson of the Task Force. | |
1776 | - | “(d) In addition to the members described in subsection (b) of this section, the | |
1777 | - | Chairperson of the Task Force shall invite the following individuals, or their designees, to | |
1778 | - | participate as members of the Task Force: | |
1779 | - | “(1) The United States Attorney for the District of Columbia; | |
1780 | - | “(2) The Director of the Pretrial Services Agency for the District of Columbia; | |
1781 | - | “(3) The Director of the Court Services and Offender Supervision Agency for the | |
1782 | - | District of Columbia; and | |
1783 | - | “(4) The Director of the Superior Court of the District of Columbia’s Family | |
1784 | - | Court Social Services Division. | |
1785 | - | “(e) As needed, the Task Force may establish subcommittees of its members. | |
1786 | - | “(f) The duties of the Task Force shall include: | |
1787 | - | “(1) Reviewing and assessing best practices for prearrest diversion; | |
1788 | - | “(2) Making recommendations for prearrest diversion of certain misdemeanor | |
1789 | - | offenses, and certain categories of persons; | |
1790 | - | “(3) Making recommendations regarding the programs, facilities, personnel, and ENROLLED ORIGINAL | |
1015 | + | (II) New sub-subparagraphs (viii) and (ix) are added to read 734 | |
1016 | + | as follows: 735 | |
1017 | + | “(viii) The respondent being in abscondence for more than 24 736 | |
1018 | + | hours; or 737 | |
1019 | + | “(ix) The respondent having escaped from a facility; and”. 738 | |
1020 | + | (B) Paragraph (4)(B) is amended by striking the phrase “Schools, and the” 739 | |
1021 | + | and inserting the phrase “Schools, public charter schools, parochial schools, and private schools, 740 | |
1022 | + | and the” in its place. 741 | |
1023 | + | (2) A new subsection (c-1) is added to read as follows: 742 | |
1024 | + | “(c-1) Notwithstanding any provision of this section, when the court determines that a 743 | |
1025 | + | stay-away order shall issue, it shall issue a standalone stay-away order and the Attorney General 744 | |
1026 | + | shall provide to a victim or witness a copy of any stay-away order that pertains to that individual 745 | |
1027 | + | or their property.”. 746 | |
1028 | + | (3) New subsections (h-1) and (h-2) are added to read as follows: 747 | |
1029 | + | “(h-1)(1) Notwithstanding subsection (b) of this section, if a child has a custody order for 748 | |
1030 | + | abscondence from a Department of Youth Rehabilitation Services (“DYRS”) placement or court-749 | |
1031 | + | ordered placement, the Family Court, in the best interest of a child, the interest of public safety, 750 | |
1032 | + | or the interest of the safety of any person who may search for the child, may, after a hearing at 751 | |
1033 | + | which the child’s counsel is present, order the Metropolitan Police Department (“MPD”) to: 752 ENGROSSED ORIGINAL | |
1034 | + | ||
1791 | 1035 | ||
1792 | 1036 | ||
1793 | 1037 | 41 | |
1794 | 1038 | ||
1795 | 1039 | ||
1796 | 1040 | ||
1797 | - | funding that are necessary to implement prearrest diversion; | |
1798 | - | “(4) Making recommendations for any legislative changes that are necessary to | |
1799 | - | enable prearrest diversion; | |
1800 | - | “(5) Implementing prearrest diversion of certain misdemeanor offenses, and | |
1801 | - | categories of persons identified by the Task Force as being appropriate for diversion; | |
1802 | - | “(6) Identifying any potential improvements in police training or procedures | |
1803 | - | relating to police interactions with individuals impacted by homelessness, mental or behavioral | |
1804 | - | health issues, or substance abuse; and | |
1805 | - | “(7) Identifying individuals who frequently interact with police, are frequent | |
1806 | - | mental health consumers, or have suffered from chronic homelessness, and ensure that those | |
1807 | - | individuals are connected to social services. | |
1808 | - | “(g) Within 3 months after the applicability date of section 29 of the Secure DC Omnibus | |
1809 | - | Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25- | |
1810 | - | 345), the Task Force shall convene for an initial meeting. Following that initial meeting, the Task | |
1811 | - | Force shall meet on, at least, a monthly basis, until it issues its initial recommendations as | |
1812 | - | required under subsection (h) of this section. Thereafter, the Task Force shall continue to meet at | |
1813 | - | a frequency as determined by the Chairperson of the Task Force. | |
1814 | - | “(h) Within one year after the applicability date of section 29 of the Secure DC Omnibus | |
1815 | - | Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25- | |
1816 | - | 345), the Task Force shall issue initial recommendations for prearrest diversion of certain | |
1817 | - | misdemeanor offenses and categories of persons identified pursuant to subsection (f)(5) of this | |
1818 | - | section.”. | |
1819 | - | ||
1820 | - | Sec. 29. An Act To control the possession, sale, transfer and use of pistols and other | |
1821 | - | dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of | |
1822 | - | evidence, and for other purposes, approved July 8, 1932 (47 Stat. 650; D.C. Official Code § 22- | |
1823 | - | 4501 et seq.), is amended as follows: | |
1824 | - | (a) Section 1 (D.C. Official Code § 22-4501) is amended as follows: | |
1825 | - | (1) Paragraphs (1) and (1A) are redesignated as paragraph (1A) and (1B), | |
1826 | - | respectively. | |
1827 | - | (2) A new paragraph (1) is added to read as follows: | |
1828 | - | “(1) “Ammunition” shall have the same meaning as provided in section 101(2) of | |
1829 | - | the Firearms Control Regulations Act of 1975, effective September 24, 1976 (D.C. Law 1-85, | |
1830 | - | D.C. Official Code § 7-2501.01(2)).”. | |
1831 | - | (3) A new paragraph (4A) is added to read as follows: | |
1832 | - | “(4A) “Open to the general public” means a location: | |
1833 | - | “(A) To which the public is invited; and ENROLLED ORIGINAL | |
1041 | + | “(A) Take a missing person’s report for a child; and 753 | |
1042 | + | “(B) Submit a missing person’s report to the National Center for Missing 754 | |
1043 | + | and Exploited Children (“NCMEC”). 755 | |
1044 | + | “(2) Evidence of the following factors shall be considered in making the 756 | |
1045 | + | determination described in paragraph (1) of this subsection: 757 | |
1046 | + | “(A) The child’s age; 758 | |
1047 | + | “(B) The nature of the present delinquency offense or in need of 759 | |
1048 | + | supervision offense and the extent and nature of the child’s prior record: 760 | |
1049 | + | “(C) Whether the child has been sexually exploited or is at risk of sexual 761 | |
1050 | + | exploitation; 762 | |
1051 | + | “(D) Whether there have been reports of abuse and neglect involving the 763 | |
1052 | + | child; 764 | |
1053 | + | “(E) Whether there is an open neglect case or other Child and Family 765 | |
1054 | + | Services Agency involvement; 766 | |
1055 | + | “(F) The child’s mental condition, including any disabilities; and 767 | |
1056 | + | “(G) The child’s history of abscondences from DYRS or court-ordered 768 | |
1057 | + | placements and the child’s history of running away from home. 769 | |
1058 | + | “(3) If the Family Court orders MPD to take a missing person’s report, pursuant 770 | |
1059 | + | to this section, any person with knowledge of the custody order may make a missing person’s 771 ENGROSSED ORIGINAL | |
1060 | + | ||
1834 | 1061 | ||
1835 | 1062 | ||
1836 | 1063 | 42 | |
1837 | 1064 | ||
1838 | 1065 | ||
1839 | 1066 | ||
1840 | - | “(B) For which no payment, membership, affiliation, appointment, or | |
1841 | - | special permission is required for an adult to enter, other than proof of age or a security | |
1842 | - | screening.”. | |
1843 | - | (4) Paragraph (7A) is redesignated as paragraph (7B). | |
1844 | - | (5) A new paragraph (7A) is added to read as follows: | |
1845 | - | “(7A) “Public conveyance” means any government-operated air, land, or water | |
1846 | - | vehicle used for the transportation of persons, including any airplane, train, bus, or boat.”. | |
1847 | - | (b) Section 3 (D.C. Official Code § 22-4503) is amended as follows: | |
1848 | - | (1) Subsection (a) is amended as follows: | |
1849 | - | (A) Paragraph (5)(C) is amended by striking the semicolon and inserting | |
1850 | - | the phrase “; or” in its place. | |
1851 | - | (B) Paragraph (6) is amended to read as follows: | |
1852 | - | “(6) Has been convicted within the past 5 years of: | |
1853 | - | “(A) An intrafamily offense, as that term is defined in D.C. Official Code | |
1854 | - | § 16-1001(8), or any similar provision in the law of another jurisdiction; or | |
1855 | - | “(B) Stalking or attempted stalking, pursuant to Title V of the Omnibus | |
1856 | - | Public Safety and Justice Amendment Act of 2009, effective December 10, 2009 (D.C. Law 18- | |
1857 | - | 88; D.C. Official Code § 22-3131 et seq.), or any similar provision in the law of another | |
1858 | - | jurisdiction.”. | |
1859 | - | (2) New subsections (c-1) and (c-2) are added to read as follows: | |
1860 | - | “(c-1)(1) It shall be unlawful for any person knowingly to possess or receive any firearm | |
1861 | - | which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered. | |
1862 | - | “(2) It shall be unlawful for any person to receive, possess, conceal, store, barter, | |
1863 | - | sell, or dispose of any stolen firearm or stolen ammunition, or pledge or accept as security for a | |
1864 | - | loan any stolen firearm or stolen ammunition, knowing or having reasonable cause to believe | |
1865 | - | that the firearm or ammunition was stolen. | |
1866 | - | “(c-2) A person who violates subsection (c-1) of this section shall upon conviction be | |
1867 | - | fined no more than the amount set forth in section 101 of the Criminal Fine Proportionality | |
1868 | - | Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22- | |
1869 | - | 3571.01), or incarcerated no less than 2 years nor more than 5 years, or both.”. | |
1870 | - | (c) Section 3a (D.C. Official Code § 22-4503.01) is amended as follows: | |
1871 | - | (1) The existing text is designated as subsection (a). | |
1872 | - | (2) A new subsection (b) is added to read as follows: | |
1873 | - | “(b) A person who violates this section shall upon conviction be fined no more than the | |
1874 | - | amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, | |
1875 | - | effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for | |
1876 | - | no more than 2 years, or both.”. | |
1877 | - | (d) New sections 3c and 3d are added to read as follows: | |
1878 | - | “Sec. 3c. Endangerment with a firearm. ENROLLED ORIGINAL | |
1067 | + | report to NCMEC; provided, that any person making such a report shall not disclose that there is 772 | |
1068 | + | a custody order in effect. 773 | |
1069 | + | “(4) For the purposes of this section, the term “child” means a person who has not 774 | |
1070 | + | attained the age of 18 years. 775 | |
1071 | + | “(h-2) Notwithstanding the provisions of this section, the Attorney General or 776 | |
1072 | + | respondent’s attorney, at their discretion, may release juvenile case record information to 777 | |
1073 | + | members of the press who are authorized to attend a court hearing pursuant to § 16-2316(e); 778 | |
1074 | + | provided, that the information is consistent with, and does not exceed the scope of, the 779 | |
1075 | + | information that the court authorized the press to report when granting the press permission to 780 | |
1076 | + | attend the hearing.”. 781 | |
1077 | + | (f) Section 16-2332(c) is amended as follows: 782 | |
1078 | + | (1) Paragraph (3) is amended to read as follows: 783 | |
1079 | + | “(3) Other court case participants and law enforcement: 784 | |
1080 | + | “Law enforcement officers of the United States, the District of Columbia, and other 785 | |
1081 | + | jurisdictions, except that such records shall be limited to photographs of the child, a physical 786 | |
1082 | + | description of the child, any addresses where the child may be found, and the phone number or 787 | |
1083 | + | other contact information of the child or the child’s parents, guardians, or custodians. The 788 | |
1084 | + | confidentiality of any information disclosed to law enforcement officers pursuant to this 789 | |
1085 | + | subsection shall be maintained pursuant to § 16-2333;”. 790 ENGROSSED ORIGINAL | |
1086 | + | ||
1879 | 1087 | ||
1880 | 1088 | ||
1881 | 1089 | 43 | |
1882 | 1090 | ||
1883 | 1091 | ||
1884 | 1092 | ||
1885 | - | “(a) A person commits endangerment with a firearm when the person: | |
1886 | - | “(1) Knowingly discharges a projectile from a firearm outside a licensed firing | |
1887 | - | range; and | |
1888 | - | “(2) Either: | |
1889 | - | “(A) The person knows that the discharged projectile creates a substantial | |
1890 | - | risk of death or bodily injury to another person; or | |
1891 | - | “(B) In fact: | |
1892 | - | “(i) The person is in, or the discharged projectile travels through or | |
1893 | - | stops in, a location that is: | |
1894 | - | “(I) Open to the general public at the time of the offense; | |
1895 | - | “(II) A communal area of multi-unit housing; or | |
1896 | - | “(III) Inside a public conveyance or a rail station; and | |
1897 | - | “(ii) The person does not have permission to discharge a projectile | |
1898 | - | from a firearm under: | |
1899 | - | “(I) A written permit issued by the Metropolitan Police | |
1900 | - | Department; or | |
1901 | - | “(II) Other District or federal law. | |
1902 | - | “(b) Except as provided in subsection (c) of this section, whoever violates this section | |
1903 | - | shall upon conviction be fined no more than the amount set forth in section 101 of the Criminal | |
1904 | - | Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. | |
1905 | - | Official Code § 22-3571.01), or incarcerated for no more than 5 years, or both. | |
1906 | - | “(c) Whoever violates this section shall upon conviction be fined no more than the | |
1907 | - | amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, | |
1908 | - | effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for | |
1909 | - | no more than 10 years, or both, if: | |
1910 | - | “(1) The violation of this section occurs after a person has been convicted of a | |
1911 | - | felony, either in the District of Columbia or another jurisdiction; or | |
1912 | - | “(2) Five or more projectiles are discharged from a firearm within a single course | |
1913 | - | of conduct. | |
1914 | - | “(d) When arising from the same act or course of conduct, a conviction for an offense | |
1915 | - | under this section shall merge with a conviction: | |
1916 | - | “(1) Under section 3a; or | |
1917 | - | “(2) For another offense outside of this act that has, as an element in the offense | |
1918 | - | definition or in the applicable penalty enhancement, possessing or having readily available a | |
1919 | - | firearm, imitation firearm, or dangerous weapon. | |
1920 | - | “(e) No mental state shall be required as to any element under subsection (a)(2)(B) of this | |
1921 | - | section. | |
1922 | - | “(f) It shall be a defense to liability under this section that the person discharged a firearm | |
1923 | - | under circumstances constituting lawful self-defense or defense of others. ENROLLED ORIGINAL | |
1093 | + | (2) The lead-in language to paragraph (4)(D) is amended by striking the phrase 791 | |
1094 | + | “Schools, and the” and inserting the phrase “Schools, public charter schools, parochial schools, 792 | |
1095 | + | and private schools, and the” in its place. 793 | |
1096 | + | (g) Section 16-2333 is amended as follows: 794 | |
1097 | + | (1) Subsection (b)(4)(C) is amended by striking the phrase “, and the District of 795 | |
1098 | + | Columbia Public Schools” and inserting the phrase “, the District of Columbia Public Schools, 796 | |
1099 | + | public charter schools, parochial schools, and private schools” in its place. 797 | |
1100 | + | (2) Subsection (f) is amended by striking the phrase “date of the crime.” and 798 | |
1101 | + | inserting the phrase “month in which the crime occurred.” in its place. 799 | |
1102 | + | (h) A new section 16-2333.03 is added to read as follows: 800 | |
1103 | + | “§ 16-2333.03. Information sharing by agencies. 801 | |
1104 | + | “(a) Notwithstanding the confidentiality provisions in §§ 2-1515.06, 16-2331, 16-2332, 802 | |
1105 | + | and 16-2333, it shall not be an offense for an agency to publicly share data derived from juvenile 803 | |
1106 | + | case records, juvenile social records, police and other law enforcement records, or confidential 804 | |
1107 | + | Department of Youth Rehabilitation Services records, provided that: 805 | |
1108 | + | “(1) The data shared does not include any information that, by itself or in 806 | |
1109 | + | combination with other publicly available information, could identify a particular person, 807 | |
1110 | + | including a person’s name, Social Security number or other identifying number or code, address, 808 | |
1111 | + | phone number, email address, or birth date; and 809 ENGROSSED ORIGINAL | |
1112 | + | ||
1924 | 1113 | ||
1925 | 1114 | ||
1926 | 1115 | 44 | |
1927 | 1116 | ||
1928 | 1117 | ||
1929 | 1118 | ||
1930 | - | “Sec. 3d. Unlawful discarding of firearms and ammunition. | |
1931 | - | “(a) It shall be unlawful for any person to knowingly discard, throw, or deposit any | |
1932 | - | loaded or unloaded firearm or ammunition in a place other than the person’s dwelling place, | |
1933 | - | place of business, or on other land possessed by the person. | |
1934 | - | “(b) Subsection (a) of this section shall not apply where a person: | |
1935 | - | “(1) Throws, discards, or deposits any firearm or ammunition in a securely locked | |
1936 | - | box or secured container; | |
1937 | - | “(2) Is expressly directed by a law enforcement officer to throw, discard, or | |
1938 | - | deposit any firearm or ammunition, and does so in the manner directed by the officer, and not | |
1939 | - | while fleeing or attempting to elude any law enforcement officer; | |
1940 | - | “(3) Throws, discards, or deposits any firearm or ammunition while participating | |
1941 | - | in a lawful firearms training and safety class conducted by an arms instructor; or | |
1942 | - | “(4) Who is a licensee, as that term is defined in section 901(5) of the Firearms | |
1943 | - | Control Regulations Act of 1975, effective June 16, 2015 (D.C. Law 20-279, D.C. Official Code | |
1944 | - | § 7-2509.01(5)), and is in compliance with the provisions of Title IX of the Firearms Control | |
1945 | - | Regulations Act of 1975, effective June 16, 2015 (D.C. Law 20-279, D.C. Official Code § 7- | |
1946 | - | 2509.01 et seq.). | |
1947 | - | “(c) It shall be an affirmative defense, which shall be proven by a preponderance of the | |
1948 | - | evidence, that the person threw, discarded, or deposited the firearm or ammunition while, in fact, | |
1949 | - | voluntarily surrendering the item pursuant to section 705 of the Firearms Control Regulations | |
1950 | - | Act of 1975, effective September 24, 1976 (D.C. Law 1-85, D.C. Official Code § 7-2507.05) or | |
1951 | - | as expressly provided by District or federal law. | |
1952 | - | “(d)(1) Except as provided in paragraph (2) of this subsection, a person who violates this | |
1953 | - | section shall be fined no more than the amount set forth in section 101 of the Criminal Fine | |
1954 | - | Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. | |
1955 | - | Official Code § 22-3571.01), or incarcerated for no more than 5 years, or both. | |
1956 | - | “(2) If the violation of this section occurs after a person has been convicted of a | |
1957 | - | felony, either in the District of Columbia or another jurisdiction, the person shall be fined no | |
1958 | - | more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment | |
1959 | - | Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or | |
1960 | - | incarcerated for no more than 10 years, or both.”. | |
1961 | - | (e) Section 14 (D.C. Official Code § 22-4514) is amended as follows: | |
1962 | - | (1) Subsection (a) is amended by striking the phrase “any machine gun,” and | |
1963 | - | inserting the phrase “any item that is, in fact, a machine gun,” in its place. | |
1964 | - | (2) Subsection (c) is amended to read as follows: | |
1965 | - | “(c) Whoever violates this section shall be punished as provided in section 15 unless: | |
1966 | - | “(1) The violation involves possession of a sawed-off shotgun, or ghost gun, in | |
1967 | - | which case such person shall be fined no more than the amount set forth in section 101 of the | |
1968 | - | Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19- ENROLLED ORIGINAL | |
1119 | + | “(2) Record-level data is not shared, the data shared is aggregated, and any counts 810 | |
1120 | + | or data points with fewer than 10 observations are suppressed. 811 | |
1121 | + | “(b) For the purposes of this section, the term “agency” means the Superior Court of the 812 | |
1122 | + | District of Columbia, the Office of the Attorney General for the District of Columbia, the 813 | |
1123 | + | Metropolitan Police Department, and the Department of Youth Rehabilitation Services.”. 814 | |
1124 | + | (i) Section 16-2340(a)(2) is amended by striking the phrase “juvenile factfinding” and 815 | |
1125 | + | inserting the phrase “juvenile plea hearings, factfinding” in its place. 816 | |
1126 | + | Sec. 20. An Act To establish a code of law for the District of Columbia, approved March 817 | |
1127 | + | 3, 1901 (31 Stat. 1189; D.C. Official Code passim), is amended as follows: 818 | |
1128 | + | (a) Section 806(a) (D.C. Official Code § 22-404(a)) is amended as follows: 819 | |
1129 | + | (1) Paragraph (2) is amended by striking the phrase “or both. For the purposes of 820 | |
1130 | + | this paragraph, the term “significant bodily injury” means an injury that requires hospitalization 821 | |
1131 | + | or immediate medical attention.” and inserting the phrase “or both.” in its place. 822 | |
1132 | + | (2) A new paragraph (3) is added to read as follows: 823 | |
1133 | + | “(3) For the purposes of this section, the term “significant bodily injury” means: 824 | |
1134 | + | “(A) An injury that, to prevent long-term physical damage or to abate 825 | |
1135 | + | severe pain, requires hospitalization or medical treatment beyond what a layperson can 826 | |
1136 | + | personally administer; 827 | |
1137 | + | “(B) A fracture of a bone; 828 ENGROSSED ORIGINAL | |
1138 | + | ||
1969 | 1139 | ||
1970 | 1140 | ||
1971 | 1141 | 45 | |
1972 | 1142 | ||
1973 | 1143 | ||
1974 | 1144 | ||
1975 | - | 317; D.C. Official Code § 22-3571.01), or incarcerated for no more than 5 years, or both; | |
1976 | - | “(2) The violation involves possession of a machine gun, in which case such | |
1977 | - | person shall be fined no more than the amount set forth in section 101 of the Criminal Fine | |
1978 | - | Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. | |
1979 | - | Official Code § 22-3571.01), or incarcerated for no more than 5 years, which shall be imposed | |
1980 | - | consecutive to any other sentence of imprisonment, or both; or | |
1981 | - | “(3) The violation occurs after such person has been convicted in the District of | |
1982 | - | Columbia of a violation of this section, or of a felony, either in the District of Columbia or in | |
1983 | - | another jurisdiction, in which case such person shall be fined no more than the amount set forth | |
1984 | - | in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, | |
1985 | - | 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more than 10 | |
1986 | - | years, or both.”. | |
1987 | - | (3) Subsection (d) is repealed. | |
1988 | - | ||
1989 | - | Sec. 30. Title 23 of the District of Columbia Official Code is amended as follows: | |
1990 | - | (a) Section 23-113(a) is amended by adding a new paragraph (1A) to read as follows: | |
1991 | - | “(1A) Any offense that is properly joinable with any of the crimes listed in | |
1992 | - | paragraph (1) of this subsection is barred if not commenced within 15 years after it is | |
1993 | - | committed.”. | |
1994 | - | (b) Section 23-563(b) is amended to read as follows: | |
1995 | - | “(b)(1) A warrant or summons issued by the Superior Court of the District of Columbia | |
1996 | - | for an offense punishable by imprisonment for not more than one year, or by a fine only, or by | |
1997 | - | such imprisonment and a fine: | |
1998 | - | “(A)(i) May be served in any place in the District of Columbia; or | |
1999 | - | “(ii) May be served at any place within the jurisdiction of the | |
2000 | - | United States, if a judicial officer of the Superior Court of the District of Columbia finds that | |
2001 | - | good cause exists for the warrant or summons to be served at any place within the jurisdiction of | |
2002 | - | the United States; and | |
2003 | - | “(B) May not be executed more than one year after the date of issuance. | |
2004 | - | “(2) Good cause for the warrant or summons to be served at any place within the | |
2005 | - | jurisdiction of the United States is presumed where the warrant or summons is for an intrafamily | |
2006 | - | offense, as that term is defined in § 16-1001(8), or where the warrant or summons is for an | |
2007 | - | offense under Chapter 30 of Title 22 of the District of Columbia Official Code.”. | |
2008 | - | (c) Section 23-581 is amended as follows: | |
2009 | - | (1) Subsection (a)(3) is amended as follows: | |
2010 | - | (A) Strike the phrase “Fleeing from the scene of an accident” and insert | |
2011 | - | the phrase “Leaving after colliding” in its place. | |
2012 | - | (B) Strike the phrase “section 10(a) (D.C. Official Code § 50-2201.05(a))” | |
2013 | - | and insert the phrase “section 10c (D.C. Official Code § 50-2201.05c)” in its place. ENROLLED ORIGINAL | |
1145 | + | “(C) A laceration for which the victim required stitches, sutures, staples, 829 | |
1146 | + | or closed-skin adhesives, or a laceration that is at least one inch in length and at least one quarter 830 | |
1147 | + | of an inch in depth; 831 | |
1148 | + | “(D) A burn of at least second degree severity; 832 | |
1149 | + | “(E) Any loss of consciousness; 833 | |
1150 | + | “(F) A traumatic brain injury; or 834 | |
1151 | + | “(G) An injury where medical testing, beyond what a layperson can 835 | |
1152 | + | personally administer, was performed to ascertain whether there was an injury described in 836 | |
1153 | + | subparagraphs (A)-(F) of this paragraph.”. 837 | |
1154 | + | (b) Section 806a (D.C. Official Code § 22-404.01) is amended by adding a new 838 | |
1155 | + | subsection (d) to read as follows: 839 | |
1156 | + | “(d) For the purposes of this section, the term “serious bodily injury” means an injury or 840 | |
1157 | + | significant bodily injury, as that term is defined in section 806(a)(3) that involves: 841 | |
1158 | + | “(1) A substantial risk of death; 842 | |
1159 | + | “(2) Protracted and obvious disfigurement; 843 | |
1160 | + | “(3) Protracted loss or impairment of the function of a bodily member, organ, or 844 | |
1161 | + | mental faculty; 845 | |
1162 | + | “(4) Extended loss of consciousness; 846 | |
1163 | + | “(5) A burn of at least third degree severity; or 847 ENGROSSED ORIGINAL | |
1164 | + | ||
2014 | 1165 | ||
2015 | 1166 | ||
2016 | 1167 | 46 | |
2017 | 1168 | ||
2018 | 1169 | ||
2019 | 1170 | ||
2020 | - | (2) Subsection (a-3) is amended by striking the phrase “sections 22-3112.1 and | |
2021 | - | 22-3112.2” and inserting the phrase “§§ 22-3312.01, 22-3312.02, and 22-3312.03” in its place. | |
2022 | - | (d) Section 23-1303(d) is amended to read as follows: | |
2023 | - | “(d) Any information contained in the agency’s files, presented in its report, or divulged | |
2024 | - | during the course of any hearing shall not be admissible on the issue of guilt in any judicial | |
2025 | - | proceeding, but such information may be used in proceedings under §§ 23-1327, 23-1328, and | |
2026 | - | 23-1329, in perjury proceedings, and for the purposes of impeachment in any subsequent | |
2027 | - | proceeding. Any information obtained from a device, as that term is defined in § 22-1211(a)(2), | |
2028 | - | may be used on the issue of guilt in any judicial proceeding.”. | |
2029 | - | (e) Section 23-1321 is amended as follows: | |
2030 | - | (1) Subsection (b) is amended by striking the phrase “period of release, unless” | |
2031 | - | and inserting the phrase “period of release, and subject to the condition that the person cooperate | |
2032 | - | in the collection of a DNA sample from the person if the collection of such a sample is | |
2033 | - | authorized pursuant to Chapter 41B of Title 22 of the District of Columbia Official Code, unless” | |
2034 | - | in its place. | |
2035 | - | (2) Subsection (c)(1)(A) is amended by striking the phrase “period of release;” | |
2036 | - | and inserting the phrase “period of release and that the person cooperate in the collection of a | |
2037 | - | DNA sample from the person if the collection of such a sample is authorized pursuant to Chapter | |
2038 | - | 41B of Title 22 of the District of Columbia Official Code;” in its place. | |
2039 | - | (3) A new subsection (e) is added to read as follows: | |
2040 | - | “(e)(1) The Metropolitan Police Department may request a supervisory agency to provide | |
2041 | - | the Metropolitan Police Department with location and identification data collected from any | |
2042 | - | detection device that a person is required to wear while incarcerated or committed, while subject | |
2043 | - | to a protection order, or while on pretrial release, presentence release, predisposition release, | |
2044 | - | supervised release, probation, or parole that is deemed by the Chief of Police as necessary in | |
2045 | - | conducting a criminal law enforcement investigation. The Department of Youth Rehabilitation | |
2046 | - | Services shall comply with any request under this subsection. | |
2047 | - | “(2) For the purposes of this subsection, the term: | |
2048 | - | “(A) “Device” shall have the same meaning as in section 103(a)(2) of the | |
2049 | - | Omnibus Public Safety and Justice Amendment Act of 2009, effective December 10, 2009 (D.C. | |
2050 | - | Law 18-88; D.C. Official Code § 22-1211(a)(2)). | |
2051 | - | “(B) “Supervisory agencies” means the following agencies: | |
2052 | - | “(i) The Court Services and Offender Supervision Agency of the | |
2053 | - | District of Columbia; | |
2054 | - | “(ii) The Department of Youth Rehabilitation Services; | |
2055 | - | “(iii) The Superior Court of the District of Columbia’s Family | |
2056 | - | Court Social Services Division; and | |
2057 | - | “(iv) The Pretrial Services Agency for the District of Columbia.”. | |
2058 | - | (f) Section 23-1322 is amended as follows: ENROLLED ORIGINAL | |
1171 | + | “(6) A gunshot wound.”. 848 | |
1172 | + | (c) A new section 806d is added to read as follows: 849 | |
1173 | + | “Sec. 806d. Strangulation. 850 | |
1174 | + | “(a) A person commits the offense of strangulation if that person knowingly, 851 | |
1175 | + | intentionally, or recklessly restricts the normal circulation of the blood or breathing of another 852 | |
1176 | + | person, either by applying pressure on the throat, neck, or chest of another person, or by blocking 853 | |
1177 | + | the nose or mouth of another person. 854 | |
1178 | + | “(b) Except for as provided in subsection (c) of this section, a person convicted of 855 | |
1179 | + | strangulation shall be fined no more than the amount set forth in section 101 of the Criminal Fine 856 | |
1180 | + | Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. 857 | |
1181 | + | Official Code § 22-3571.01), or incarcerated for no more than 5 years, or both. 858 | |
1182 | + | “(c) A person convicted of strangulation may be fined up to 1½ times the maximum fine 859 | |
1183 | + | otherwise authorized under this section and may be incarcerated for a term of up to 1½ times the 860 | |
1184 | + | maximum term of incarceration otherwise authorized under this section, or both, if: 861 | |
1185 | + | “(1) The victim sustained serious bodily injury, as that term is defined in section 862 | |
1186 | + | 806a(d), as a result of the offense; 863 | |
1187 | + | “(2) The person was, at the time of the offense, required to stay away from or 864 | |
1188 | + | have no contact with the victim as a condition of their parole or supervised release or pursuant to 865 | |
1189 | + | a court order; or 866 ENGROSSED ORIGINAL | |
1190 | + | ||
2059 | 1191 | ||
2060 | 1192 | ||
2061 | 1193 | 47 | |
2062 | 1194 | ||
2063 | 1195 | ||
2064 | 1196 | ||
2065 | - | (1) Subsection (c) is amended as follows: | |
2066 | - | (A) The lead-in language is amended to read as follows: | |
2067 | - | “(c) Subject to rebuttal by the person, it shall be presumed that no condition or | |
2068 | - | combination of conditions of release will reasonably assure the safety of any other person and | |
2069 | - | the community if the judicial officer finds that there is probable cause to believe that the | |
2070 | - | person:”. | |
2071 | - | (B) Paragraph (3) is amended by striking the phrase “or a crime of | |
2072 | - | violence, as these terms are defined” and inserting the phrase “, as that term is defined” in its | |
2073 | - | place. | |
2074 | - | (C) Paragraph (4) is amended by striking the phrase “crime or a crime of | |
2075 | - | violence” and inserting the word “crime” in its place. | |
2076 | - | (D) Paragraph (5) is amended by striking the phrase “crimes or crimes of | |
2077 | - | violence” and inserting the word “crimes” in its place. | |
2078 | - | (E) Paragraph (6) is repealed. | |
2079 | - | (F) Paragraph (7) is amended by striking the phrase “; or” and inserting a | |
2080 | - | semicolon in its place. | |
2081 | - | (G) Paragraph (8) is amended by striking the period and inserting the | |
2082 | - | phrase “; or” in its place. | |
2083 | - | (H) A new paragraph (9) is added to read as follows: | |
2084 | - | “(9) Committed a crime of violence, as that term is defined in § 23-1331(4).”. | |
2085 | - | (2) Subsection (f) is amended as follows: | |
2086 | - | (A) Paragraph (1) is amended by striking the phrase “; and” and inserting | |
2087 | - | a semicolon in its place. | |
2088 | - | (B) Paragraph (2)(C) is amended by striking the period and inserting the | |
2089 | - | phrase “; and” in its place. | |
2090 | - | (C) A new paragraph (3) is added to read as follows: | |
2091 | - | “(3) Beginning on September 1, 2024, where there is a rebuttable presumption of | |
2092 | - | detention pursuant to either subsection (c) of this section or § 23-1325(a), the judicial officer | |
2093 | - | shall include a written statement of the reasons for the release, setting forth the evidence that | |
2094 | - | supported the rebuttal of the presumption.”. | |
2095 | - | (3) Subsection (h)(1) is amended by striking the phrase “not to exceed 20 days | |
2096 | - | each” and inserting the phrase “not to exceed 45 days each” in its place. | |
2097 | - | (g) Section 23-1325(a) is amended as follows: | |
2098 | - | (1) Strike the phrase “a substantial probability” and insert the phrase “probable | |
2099 | - | cause” in its place. | |
2100 | - | (2) Strike the phrase “or imitation firearm,” and insert the phrase “imitation | |
2101 | - | firearm, or other deadly or dangerous weapon,” in its place. | |
2102 | - | (h) Section 23-1331 is amended as follows: | |
2103 | - | (1) Paragraph (3)(H) is amended to read as follows: ENROLLED ORIGINAL | |
1197 | + | “(3) The person was, within 5 years of commission of the strangulation offense, 867 | |
1198 | + | convicted of either an intrafamily offense, as that term is defined in D.C. Official Code § 16-868 | |
1199 | + | 1001(8), or a similar offense in the law of another jurisdiction. 869 | |
1200 | + | “(d)(1) A conviction for strangulation merges with any other offense under this chapter 870 | |
1201 | + | arising from the same act or course of conduct. 871 | |
1202 | + | “(2) For a person found guilty of 2 or more offenses that merge under this section 872 | |
1203 | + | the sentencing court shall either: 873 | |
1204 | + | “(A) Vacate all but one of the offenses prior to sentencing according to the 874 | |
1205 | + | rule of priority in paragraph (3) of this subsection; or 875 | |
1206 | + | “(B) Enter judgment and sentence the actor for offenses that merge; 876 | |
1207 | + | provided, that: 877 | |
1208 | + | “(i) Sentences for the offenses run concurrent to one another; and 878 | |
1209 | + | “(ii) The convictions for all but, at most, one of the offenses shall 879 | |
1210 | + | be vacated after: 880 | |
1211 | + | “(I) The time for appeal has expired; or 881 | |
1212 | + | “(II) The judgment that was appealed has been decided. 882 | |
1213 | + | “(3) When convictions are vacated under paragraph (2)(A) of this subsection, the 883 | |
1214 | + | conviction that remains shall be the conviction for: 884 ENGROSSED ORIGINAL | |
1215 | + | ||
2104 | 1216 | ||
2105 | 1217 | ||
2106 | 1218 | 48 | |
2107 | 1219 | ||
2108 | 1220 | ||
2109 | 1221 | ||
2110 | - | “(H) Any felony offense under Chapter 30 of Title 22 (Sexual Abuse);”. | |
2111 | - | (2) Paragraph (4) is amended by striking the phrase “third degrees;” and inserting | |
2112 | - | the phrase “third degrees; misdemeanor sexual abuse pursuant to § 22-3006(b); misdemeanor | |
2113 | - | sexual abuse of a child or minor pursuant to § 22-3010.01(a-1); strangulation;” in its place. | |
2114 | - | (i) Section 23-1903(d) is amended as follows: | |
2115 | - | (1) Strike the phrase “child is called to give testimony” and insert the phrase | |
2116 | - | “child is a victim or is called to give testimony” in its place. | |
2117 | - | (2) Strike the phrase “granting a continuance in cases involving a child witness” | |
2118 | - | and insert the phrase “granting a continuance in cases involving a child victim or child witness” | |
2119 | - | in its place. | |
2120 | - | (j) Section 23-1912(a) is amended by striking the phrase “subject to a custodial arrest” | |
2121 | - | and inserting the phrase “subject to a subsequent custodial arrest” in its place. | |
2122 | - | (k) Subsections (f), (g), and (h) of this section shall expire 225 days after the applicability | |
2123 | - | date of subsections (f), (g), (h) of this section. | |
2124 | - | ||
2125 | - | Sec. 31. Section 11233 of the National Capital Revitalization and Self-Government | |
2126 | - | Improvement Act of 1997, approved August 5, 1997 (111 Stat. 748; D.C. Official Code § 24- | |
2127 | - | 133), is amended as follows: | |
2128 | - | (a) Subsection (b)(2)(F) is amended to read as follows: | |
2129 | - | “(F) Develop and implement intermediate sanctions and incentives for | |
2130 | - | sentenced offenders that officers may use in response to violations of, or compliance with, the | |
2131 | - | conditions of release;”. | |
2132 | - | (b) Subsection (c) is amended as follows: | |
2133 | - | (1) Paragraph (2) is amended as follows: | |
2134 | - | (A) Subparagraph (A) is amended by striking the phrase “; and” and | |
2135 | - | inserting a semicolon in its place. | |
2136 | - | (B) Subparagraph (B) is amended by striking the period and inserting the | |
2137 | - | phrase “; and” in its place. | |
2138 | - | (C) A new subparagraph (C) is added to read as follows: | |
2139 | - | “(C) The Agency may impose intermediate sanctions and utilize | |
2140 | - | incentives for offenders who violate, or comply with, the conditions of supervised release; | |
2141 | - | provided, that the Director shall notify the Commission of the use of any intermediate sanctions | |
2142 | - | on the same day in which the sanction is imposed.”. | |
2143 | - | (2) Paragraph (3) is amended to read as follows: | |
2144 | - | “(3) Supervision of probationers. — Subject to appropriations and program | |
2145 | - | availability, the Agency shall supervise all offenders placed on probation by the Superior Court | |
2146 | - | of the District of Columbia. The Agency shall carry out the conditions of release imposed by the | |
2147 | - | Superior Court (including conditions that probationers undergo training, education, therapy, | |
2148 | - | counseling, drug testing, or drug treatment), impose or implement intermediate sanctions and ENROLLED ORIGINAL | |
1222 | + | “(A) The offense with the highest authorized maximum period of 885 | |
1223 | + | incarceration; or 886 | |
1224 | + | “(B) If 2 or more offenses have the same highest authorized maximum 887 | |
1225 | + | period of incarceration, any offense that the sentencing court deems appropriate.”. 888 | |
1226 | + | (d) Section 811a(a)(1) (D.C. Official Code § 22-2803(a)(1)) is amended to read as 889 | |
1227 | + | follows: 890 | |
1228 | + | “(1) A person commits the offense of carjacking if, by any means, that person 891 | |
1229 | + | knowingly by force or violence, whether against resistance or by sudden or stealthy seizure or 892 | |
1230 | + | snatching, or by putting in fear, or attempts to do so, shall take a motor vehicle from a person’s 893 | |
1231 | + | immediate actual possession, or that person knowingly by force or violence, or by putting in fear, 894 | |
1232 | + | shall take a key to a motor vehicle from the immediate actual possession of another person, while 895 | |
1233 | + | that motor vehicle is within the line of sight of the person or the victim and close enough to the 896 | |
1234 | + | vehicle that the person taking the key to the motor vehicle can take immediate possession of it, 897 | |
1235 | + | with the purpose and effect of immediately taking the motor vehicle of another.”. 898 | |
1236 | + | Sec. 21. Section 432 of the Revised Statutes of the District of Columbia (D.C. Official 899 | |
1237 | + | Code § 22-405), is amended as follows: 900 | |
1238 | + | (a) Subsection (a) is amended by striking the phrase “any fire department operating in the 901 | |
1239 | + | District of Columbia,” and inserting the phrase “any fire department operating in the District of 902 | |
1240 | + | Columbia, any emergency medical technician, paramedic, intermediate paramedic, or other 903 ENGROSSED ORIGINAL | |
1241 | + | ||
2149 | 1242 | ||
2150 | 1243 | ||
2151 | 1244 | 49 | |
2152 | 1245 | ||
2153 | 1246 | ||
2154 | 1247 | ||
2155 | - | utilize incentives for violations of, or compliance with, the conditions of release, and shall make | |
2156 | - | such reports to the Superior Court with respect to an individual on probation as the Superior | |
2157 | - | Court may require.”. | |
2158 | - | (3) Paragraph (4) is amended to read as follows: | |
2159 | - | “(4) Supervision of District of Columbia parolees. — The Agency shall supervise | |
2160 | - | all individuals on parole pursuant to the District of Columbia Official Code. The Agency shall | |
2161 | - | carry out the conditions of release imposed by the United States Parole Commission or, with | |
2162 | - | respect to a misdemeanant, by the Superior Court of the District of Columbia, impose or | |
2163 | - | implement intermediate sanctions and utilize incentives for violations of, or compliance with, the | |
2164 | - | conditions of release, and shall make such reports to the Commission or Court with respect to an | |
2165 | - | individual on parole supervision as the Commission or Court may require.”. | |
2166 | - | (c) Subsection (d) is amended to read as follows: | |
2167 | - | “(d) Authority of officers. — The supervision officers of the Agency shall have and | |
2168 | - | exercise the same powers and authority as are granted by law to United States Probation and | |
2169 | - | Pretrial Officers; except that, officers shall have the authority to impose or implement | |
2170 | - | intermediate sanctions and utilize incentives for violations of, or compliance with, the conditions | |
2171 | - | of release.”. | |
2172 | - | (d) A new subsection (h) is added to read as follows: | |
2173 | - | “(h) For purposes of this section, the term: | |
2174 | - | “(1) “Incentives” means individualized, goal-oriented, and graduated responses to | |
2175 | - | a sentenced offender’s compliance with the conditions of release designed to reinforce or modify | |
2176 | - | the skills and behaviors of the offender. | |
2177 | - | “(2) “Intermediate sanctions” means individualized, graduated punishment | |
2178 | - | options and sanctions, other than incarceration, imposed in response to a sentenced offender’s | |
2179 | - | violation of the conditions of release, including: | |
2180 | - | “(A) Electronic monitoring, including GPS monitoring; | |
2181 | - | “(B) Drug and alcohol testing; | |
2182 | - | “(C) Reporting requirements to probation officers; | |
2183 | - | “(D) Rehabilitative interventions such as substance abuse and mental | |
2184 | - | health treatment; and | |
2185 | - | “(E) Community service.”. | |
2186 | - | ||
2187 | - | Sec. 32. An Act to create a Department of Corrections in the District of Columbia, | |
2188 | - | approved June 27, 1946 (60 Stat. 320; D.C. Official Code § 24-211.01 et seq.), is amended by | |
2189 | - | adding a new section 9 to read as follows: | |
2190 | - | “Sec. 9. Healthy food at correctional facilities. | |
2191 | - | “(a) For the purposes of this section, the term: ENROLLED ORIGINAL | |
1248 | + | member of any emergency medical services department operating in the District of Columbia,” 904 | |
1249 | + | in its place. 905 | |
1250 | + | (b) Subsection (c) is amended as follows: 906 | |
1251 | + | (1) The existing text is designated as paragraph (1). 907 | |
1252 | + | (2) A new paragraph (2) is added to read as follows: 908 | |
1253 | + | “(2) For the purposes of this subsection, the term “significant bodily injury” shall 909 | |
1254 | + | have the same meaning as provided in section 806(a)(3) of An Act To establish a code of law for 910 | |
1255 | + | the District of Columbia, approved March 3, 1901 (31 Stat. 1322; D.C. Official Code § 22-911 | |
1256 | + | 404(a)(3)).”. 912 | |
1257 | + | Sec. 22. The Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; 913 | |
1258 | + | D.C. Official Code § 22-3001 et seq.), is amended as follows: 914 | |
1259 | + | (a) Section 101 (D.C. Official Code § 22-3001) is amended as follows: 915 | |
1260 | + | (1) Paragraph (7) is amended to read as follows: 916 | |
1261 | + | “(7) “Serious bodily injury” shall have the same meaning as provided in section 917 | |
1262 | + | 806a of An Act To establish a code of law for the District of Columbia, effective August 20, 918 | |
1263 | + | 1994 (D.C. Law 10-151; D.C. Official Code § 22-404.01(d)).”. 919 | |
1264 | + | (2) Paragraph (10) is amended as follows: 920 | |
1265 | + | (A) Subparagraph (C) is amended by striking the phrase “; and” and 921 | |
1266 | + | inserting a semicolon in its place. 922 ENGROSSED ORIGINAL | |
1267 | + | ||
2192 | 1268 | ||
2193 | 1269 | ||
2194 | 1270 | 50 | |
2195 | 1271 | ||
2196 | 1272 | ||
2197 | 1273 | ||
2198 | - | “(1) “Correctional facilities” means the Central Detention Facility, Correctional | |
2199 | - | Treatment Facility, Central Cell Block, and any other facilities operated by or contracted on | |
2200 | - | behalf of the Department of Corrections to house incarcerated individuals. | |
2201 | - | “(2) “Director” means the Director of the Department of Corrections. | |
2202 | - | “(3) “DOC” means the Department of Corrections. | |
2203 | - | “(4) “DOC residents” means individuals who are incarcerated in the Central | |
2204 | - | Detention Facility, Correctional Treatment Facility, and any other facilities operated by the | |
2205 | - | Department of Corrections to house incarcerated individuals. | |
2206 | - | “(b)(1) Within 6 months after the applicability date of section 32 of the Secure DC | |
2207 | - | Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of | |
2208 | - | Bill 25-345), DOC shall establish and publish on its website nutrition standards for all meals | |
2209 | - | served in DOC facilities. | |
2210 | - | “(2) The nutrition standards required by paragraph (1) of this subsection shall | |
2211 | - | meet or exceed the most recent edition of the U.S. Department of Agriculture and U.S. | |
2212 | - | Department of Health and Human Services Dietary Guidelines for Americans U.S. Department | |
2213 | - | of Agriculture and U.S. Department of Health and Human Services Dietary Guidelines for | |
2214 | - | Americans, established pursuant to the National Nutrition Monitoring and Related Research Act | |
2215 | - | of 1990, approved October 22, 1990 (104 Stat. 1034; 7 U.S.C. § 5301 et seq.), including at least: | |
2216 | - | “(A) Two servings of dark green vegetables per day, at least one of which | |
2217 | - | is served raw; | |
2218 | - | “(B) Two servings of additional colored vegetables per day, at least one of | |
2219 | - | which is served raw; | |
2220 | - | “(C) Two servings of raw fruit per day; and | |
2221 | - | “(D) Five ounces of protein rich foods, including meat, poultry, eggs, fish, | |
2222 | - | nuts, seeds, or tofu, per day. | |
2223 | - | “(3) The nutrition standards required by paragraph (1) of this subsection shall be | |
2224 | - | updated every 5 years and posted on the DOC website. | |
2225 | - | “(4) All meals served in DOC facilities shall meet or exceed the nutrition | |
2226 | - | standards established pursuant to paragraph (1) of this subsection. | |
2227 | - | “(5) Correctional facilities shall serve a plant-based, kosher, halal, or medically- | |
2228 | - | necessary or -recommended food option as the main course to DOC residents who request such a | |
2229 | - | diet for medical, health, religious, or ethical reasons. Meals provided pursuant to this paragraph | |
2230 | - | shall be consistent with nutrition guidelines established under this section. | |
2231 | - | “(c) DOC shall make the following reports available to the public by publishing on the | |
2232 | - | DOC webpage within 30 days after receipt from the reporting agency or individual: | |
2233 | - | “(1) Quarterly inspection of food service operations compliance conducted by the | |
2234 | - | Food Safety Branch of the Department of Health, or similar equivalent report; | |
2235 | - | “(2) Monthly inspection of environmental safety and sanitation of the culinary | |
2236 | - | unit conducted by the Safety Officer of the DOC, or similar equivalent report; and ENROLLED ORIGINAL | |
1274 | + | (B) Subparagraph (D) is amended to read as follows: 923 | |
1275 | + | “(D) Any employee, contractor, consultant, or volunteer of a 924 | |
1276 | + | school, religious institution, or an educational, social, recreational, athletic, musical, charitable, 925 | |
1277 | + | or youth facility, organization, or program, including a teacher, coach, counselor, clergy, youth 926 | |
1278 | + | leader, chorus director, bus driver, administrator, or support staff, or any other person in a 927 | |
1279 | + | position of trust with or authority over a child or a minor.”. 928 | |
1280 | + | (b) Section 205 (D.C. Official Code § 22-3006) is amended as follows: 929 | |
1281 | + | (1) The existing text is designated as subsection (a). 930 | |
1282 | + | (2) A new subsection (b) is added to read as follows: 931 | |
1283 | + | “(b)(1) A person convicted of misdemeanor sexual abuse who has 3 or more prior 932 | |
1284 | + | convictions for misdemeanor sexual abuse shall be fined no more than the amount set forth in 933 | |
1285 | + | section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 934 | |
1286 | + | 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more than 3 935 | |
1287 | + | years, or both. 936 | |
1288 | + | “(2) In addition to a violation of this section, a person shall be considered to have 937 | |
1289 | + | prior convictions for misdemeanor sexual abuse if that person has been previously convicted of a 938 | |
1290 | + | violation of a crime under the laws of any other jurisdiction that involved conduct that would, if 939 | |
1291 | + | committed in the District of Columbia, constitute a violation of this section, or conduct that is 940 | |
1292 | + | substantially similar to conduct prosecuted under this section. 941 ENGROSSED ORIGINAL | |
1293 | + | ||
2237 | 1294 | ||
2238 | 1295 | ||
2239 | 1296 | 51 | |
2240 | 1297 | ||
2241 | 1298 | ||
2242 | 1299 | ||
2243 | - | “(3) Quarterly inspection of food service operations conducted by the Food | |
2244 | - | Services Contract Monitor of the DOC, or similar equivalent report. | |
2245 | - | “(d)(1) Within 8 months after the applicability date of section 32 of the Secure DC | |
2246 | - | Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of | |
2247 | - | Bill 25-345), the Mayor shall establish an expanded hospitality and culinary arts training | |
2248 | - | program (“Program”) for DOC residents in partnership with existing hospitality and culinary arts | |
2249 | - | career training and education programs operating in the District. | |
2250 | - | “(2) The Program shall: | |
2251 | - | “(A) Provide hospitality career and culinary arts training and education | |
2252 | - | opportunities for DOC residents serving the workforce development needs of both DOC | |
2253 | - | residents and the local hospitality economy, including training for hospitality positions at hotels | |
2254 | - | and events, sporting events, restaurant technology, food handling, kitchen training, and hands-on | |
2255 | - | curriculum in culinary arts; | |
2256 | - | “(B) Connect participants to community-based reentry focused providers | |
2257 | - | at least 90 days before release from DOC facilities; | |
2258 | - | “(C) Develop individualized reentry plans for each participant that will be | |
2259 | - | shared with DOC community-based reentry focused providers to be continued after the | |
2260 | - | participant’s release; | |
2261 | - | “(D) Establish a pipeline into hospitality careers by identifying employer | |
2262 | - | partners to assist with apprenticeship or job placement for Program participants before release | |
2263 | - | from DOC facilities; | |
2264 | - | “(E) Connect participants with wraparound services, including life skills | |
2265 | - | training, employment coaching, peer support, housing, and healthcare, which shall be identified | |
2266 | - | and provided upon completion of the Program; and | |
2267 | - | “(F) Successfully complete at least 4 cohorts consisting of at least 20 | |
2268 | - | participants per year. | |
2269 | - | “(e) As part of hands-on training, participants in the Program shall participate in the | |
2270 | - | preparing and serving of meals consistent with the nutritional standards established pursuant to | |
2271 | - | this section to the general population and officer dining rooms.”. | |
2272 | - | ||
2273 | - | Sec. 33. The Youth Rehabilitation Amendment Act of 1985, effective December 7, 1985 | |
2274 | - | (D.C. Law 6-69; D.C. Official Code § 24-901 et seq.), is amended by adding a new section 7c to | |
2275 | - | read as follows: | |
2276 | - | “Sec. 7c. Establishment of the Director of Emerging Adult Services. | |
2277 | - | “(a) There is established the position of Director of Emerging Adult Services (“Director”) | |
2278 | - | within the Office of the City Administrator. The primary role of the Director shall be to | |
2279 | - | coordinate and lead the overall implementation of this act and citywide efforts to meet the unique | |
2280 | - | needs of emerging adults in the District. | |
2281 | - | “(b) The Director shall: ENROLLED ORIGINAL | |
1300 | + | (c) Section 209a (D.C. Official Code § 22-3010.01) is amended by adding a new 942 | |
1301 | + | subsection (a-1) to read as follows: 943 | |
1302 | + | “(a-1)(1) A person convicted of misdemeanor sexual abuse of a child or minor who has 3 944 | |
1303 | + | or more prior convictions for misdemeanor sexual abuse of a child or minor shall be fined no 945 | |
1304 | + | more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment 946 | |
1305 | + | Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or 947 | |
1306 | + | incarcerated for no more than 3 years, or both. 948 | |
1307 | + | “(2) In addition to a violation of this section, a person shall be considered as 949 | |
1308 | + | having prior convictions for misdemeanor sexual abuse of a child or minor if that person has 950 | |
1309 | + | been previously convicted of a violation of a crime under the laws of any other jurisdiction that 951 | |
1310 | + | involved conduct that would, if committed in the District of Columbia, constitute a violation of 952 | |
1311 | + | this section, or conduct that is substantially similar to conduct prosecuted under this section.”. 953 | |
1312 | + | (d) Section 219(a)(1) (D.C. Official Code § 22-3020(a)(1)) is amended by striking the 954 | |
1313 | + | phrase “12 years” and inserting the phrase “13 years” in its place. 955 | |
1314 | + | Sec. 23. The Criminalization of Non-Consensual Pornography Act of 2014, effective 956 | |
1315 | + | May 7, 2015 (D.C. Law 20-275; D.C. Official Code § 22-3051 et seq.), is amended as follows: 957 | |
1316 | + | (a) Section 3(a)(2) (D.C. Official Code § 22-3052(a)(2)) is amended to read as follows: 958 | |
1317 | + | “(2) The person disclosing the sexual image knew or consciously disregarded a 959 | |
1318 | + | substantial and unjustifiable risk that the person depicted did not consent to the disclosure; and”. 960 ENGROSSED ORIGINAL | |
1319 | + | ||
2282 | 1320 | ||
2283 | 1321 | ||
2284 | 1322 | 52 | |
2285 | 1323 | ||
2286 | 1324 | ||
2287 | 1325 | ||
2288 | - | “(1) Within one year after the applicability date of section 33 of the Secure DC | |
2289 | - | Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of | |
2290 | - | Bill 25-345), develop a comprehensive strategic plan (“strategic plan”) to meet the unique needs | |
2291 | - | of emerging adults and assess the implementation of this act in the District, which shall be | |
2292 | - | submitted to the Mayor and Council, updated every 4 years, and include the following: | |
2293 | - | “(A) An assessment of: | |
2294 | - | “(i) The educational, workforce development, housing, behavioral | |
2295 | - | and physical health care, and family needs of emerging adults and youth offenders before | |
2296 | - | commitment, while in District or federal care or custody, and upon re-entry; | |
2297 | - | “(ii) Diversion programs for persons at risk of becoming youth | |
2298 | - | offenders; and | |
2299 | - | “(iii) The availability of a continuum of developmentally | |
2300 | - | appropriate, community-based services for youth offenders before commitment, while in District | |
2301 | - | care or custody, and upon reentry; | |
2302 | - | “(B) Strategies and a plan to: | |
2303 | - | “(i) Involve emerging adults in community decision-making | |
2304 | - | processes; | |
2305 | - | “(ii) Engage and support LGBTQ and other marginalized emerging | |
2306 | - | adults; | |
2307 | - | “(iii) Expand alternatives to incarceration for emerging adults | |
2308 | - | involved in the criminal justice system; | |
2309 | - | “(iv) Ensure effective treatment and services focused on | |
2310 | - | rehabilitation and preventing recidivism; and | |
2311 | - | “(v) Foster collaboration among government agencies, community- | |
2312 | - | based organizations, and families to support emerging adults; and | |
2313 | - | “(C) An outreach plan by the District to committed youth offenders and | |
2314 | - | their families in District or federal care or custody to identify needs for services and plan for | |
2315 | - | reentry; | |
2316 | - | “(2) Consult community-based organizations providing services and supports that | |
2317 | - | are developmentally appropriate, trauma-informed, healing-centered, and restorative to inform | |
2318 | - | the strategic plan; | |
2319 | - | “(3) Oversee the implementation of the strategic plan and ensure alignment with | |
2320 | - | the goals and objectives of this act; | |
2321 | - | “(4) Coordinate inter-agency services, programs, and initiatives to meet the | |
2322 | - | diverse needs of emerging adults in the District; | |
2323 | - | “(5) Collaborate with public safety, criminal justice, and youth services agencies, | |
2324 | - | including the Office of Neighborhood Safety and Engagement, Office of Gun Violence | |
2325 | - | Prevention, Office of the Attorney General, Department of Youth Rehabilitation Services, | |
2326 | - | Department of Corrections, Department of Human Services, Department of Parks and ENROLLED ORIGINAL | |
1326 | + | (b) Section 4(a) (D.C. Official Code § 22-3053(a)) is amended as follows: 961 | |
1327 | + | (1) The lead-in language is amended by striking the phrase “identifiable person 962 | |
1328 | + | when” and inserting the phrase “identifiable person, whether obtained directly from the person or 963 | |
1329 | + | from a third party or other source, when” in its place. 964 | |
1330 | + | (2) Paragraph (1) is amended by striking the phrase “disclosure or publication of” 965 | |
1331 | + | and inserting the phrase “publication of” in its place. 966 | |
1332 | + | (3) Paragraph (2) is amended to read as follows: 967 | |
1333 | + | “(2) The person publishing the sexual image knew or consciously disregarded a 968 | |
1334 | + | substantial and unjustifiable risk that the person depicted did not consent to the publication; 969 | |
1335 | + | and”. 970 | |
1336 | + | (c) Section 5(a) (D.C. Official Code § 22-3054(a)) is amended as follows: 971 | |
1337 | + | (1) Paragraph (1) is amended by striking the phrase “disclosure or publication of” 972 | |
1338 | + | and inserting the phrase “publication of” in its place. 973 | |
1339 | + | (2) Paragraph (2) is amended to read as follows: 974 | |
1340 | + | “(2) The person publishing the sexual image knew or consciously disregarded a 975 | |
1341 | + | substantial and unjustifiable risk that the sexual image was obtained as a result of a previous 976 | |
1342 | + | disclosure or publication of the sexual image made with intent to harm the person depicted or to 977 | |
1343 | + | receive financial gain.”. 978 | |
1344 | + | Sec. 24. The District of Columbia Theft and White Collar Crimes Act of 1982, effective 979 ENGROSSED ORIGINAL | |
1345 | + | ||
2327 | 1346 | ||
2328 | 1347 | ||
2329 | 1348 | 53 | |
2330 | 1349 | ||
2331 | 1350 | ||
2332 | 1351 | ||
2333 | - | Recreation, Office of the State Superintendent of Education, District of Columbia Public | |
2334 | - | Schools, United States Attorney’s Office for the District of Columbia, and CSOSA, to enhance | |
2335 | - | services for emerging adults; | |
2336 | - | “(6) Engage with the community, emerging adults, and youth offenders to gather | |
2337 | - | feedback, assess needs, and promote transparency and inclusivity in decision-making; and | |
2338 | - | “(7) Publish a data table on a publicly accessible website that protects any PII | |
2339 | - | from disclosure and displays the total number of emerging adults, the services and programming | |
2340 | - | used by emerging adults, and the outcomes of the services and programming. | |
2341 | - | “(c) Within 6 months after the applicability date of section 33 of the Secure DC Omnibus | |
2342 | - | Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25- | |
2343 | - | 345), the Director shall submit an initial report to the Mayor and Council that includes: | |
2344 | - | “(1) Proposed performance metrics and associated data to measure the progress of | |
2345 | - | the strategic plan and the implementation of this act; | |
2346 | - | “(2) Protocols for reporting and frequency of reporting, including how the | |
2347 | - | Director will collect data from District and federal agencies; | |
2348 | - | “(3) Strategies for engaging agencies, as provided in subsection (b)(5) of this | |
2349 | - | section, on a coordinated effort to support emerging adults; and | |
2350 | - | “(4) Outreach plans for engaging with the community and involving emerging | |
2351 | - | adults and their families in the decision-making processes. | |
2352 | - | “(d) Within 3 years after the applicability date of section 33 of the Secure DC Omnibus | |
2353 | - | Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25- | |
2354 | - | 345), and every 2 years thereafter, the Director shall submit an interim report to the Mayor and | |
2355 | - | Council that includes, at the minimum: | |
2356 | - | “(1) The state of emerging adults in the District and the challenges that they are | |
2357 | - | experiencing; | |
2358 | - | “(2) An analysis of the implementation of this act pursuant to the metrics | |
2359 | - | provided in subsection (c)(1) of this section; | |
2360 | - | “(3) Progress made in achieving the goals and objectives outlined in the strategic | |
2361 | - | plan pursuant to the metrics provided in subsection (c)(1) of this section; | |
2362 | - | “(4) A description of the Director’s coordination efforts and specific initiatives | |
2363 | - | with District agencies, community-based organizations, and the community undertaken during | |
2364 | - | the preceding 2 years to meet the unique needs of emerging adults and the implementation of this | |
2365 | - | act; | |
2366 | - | “(5) Challenges faced during the preceding 2 years and explanations for how each | |
2367 | - | challenge was resolved or why it is ongoing; | |
2368 | - | “(6) Budgetary requirements and programming needs necessary for the successful | |
2369 | - | execution of the strategic plan; and | |
2370 | - | “(7) Recommendations for future actions, policy changes, or resource allocations | |
2371 | - | based on the findings of the fiscal year. ENROLLED ORIGINAL | |
1352 | + | December 1, 1982 (D.C. Law 4-164; D.C. Official Code § 22-3201 et seq.), is amended as 980 | |
1353 | + | follows: 981 | |
1354 | + | (a) A new section 111a is added to read as follows: 982 | |
1355 | + | “Sec. 111a. Directing organized retail theft. 983 | |
1356 | + | “(a) For the purpose of this section, the term “organized retail theft” means acting in 984 | |
1357 | + | concert with one or more other persons to commit theft, as described in section 111, of any 985 | |
1358 | + | merchandise with a value greater than $1,000 aggregated over a 90-day period with the intent to: 986 | |
1359 | + | “(1) Sell, barter, or trade the merchandise for monetary or other gain; or 987 | |
1360 | + | “(2) Fraudulently return the merchandise to a retail merchant. 988 | |
1361 | + | “(b) A person commits the offense of directing organized retail theft if any person acts as 989 | |
1362 | + | an organizer by recruiting, directing, or coercing individuals to commit organized retail theft. 990 | |
1363 | + | “(c) A person who violates this section shall be guilty of a felony and, upon conviction, 991 | |
1364 | + | shall be fined no more than the amount set forth in section 101 of the Criminal Fine 992 | |
1365 | + | Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. 993 | |
1366 | + | Official Code § 22-3571.01), incarcerated for no more than 15 years, or both. 994 | |
1367 | + | “(d)(1) A conviction for directing organized retail theft merges with any other conviction 995 | |
1368 | + | for being an accomplice to theft under section 111, an accomplice to shoplifting under section 996 | |
1369 | + | 113, or an accomplice to burglary under section 823 of An Act To establish a code of law for the 997 | |
1370 | + | District of Columbia, approved March 3, 1901 (31 Stat. 1323; D.C. Official Code § 22-801), or 998 ENGROSSED ORIGINAL | |
1371 | + | ||
2372 | 1372 | ||
2373 | 1373 | ||
2374 | 1374 | 54 | |
2375 | 1375 | ||
2376 | 1376 | ||
2377 | 1377 | ||
2378 | - | “(e) There is established an Advisory Council to the Director of Emerging Adults | |
2379 | - | (“Advisory Council”) to guide and assist the Director in fulfilling the Director’s duties. | |
2380 | - | “(f) The Advisory Council shall: | |
2381 | - | “(1) Be part of the interview decision-making process for hiring the Director; | |
2382 | - | “(2) Provide expert guidance, recommendations, and feedback to the Director on | |
2383 | - | matters related to emerging adults’ needs and the implementation of this act; and | |
2384 | - | “(3) Meet with the Director on a quarterly basis. | |
2385 | - | “(g) The Advisory Council shall consist of the following 7 members: | |
2386 | - | “(1) Two emerging adults appointed by the Council; | |
2387 | - | “(2) One representative from the Criminal Justice Coordinating Council, | |
2388 | - | appointed by the Mayor; | |
2389 | - | “(3) One representative from the State Office of Career and Technical Education, | |
2390 | - | appointed by the Mayor; | |
2391 | - | “(4) One representative from the Department of Youth Rehabilitation Services, | |
2392 | - | appointed by the Mayor; | |
2393 | - | “(5) One representative from the Department of Human Services, appointed by | |
2394 | - | the Mayor; and | |
2395 | - | “(6) One representative, appointed by the Council, from a community-based | |
2396 | - | organization with experience providing: | |
2397 | - | “(A) Physical and behavioral health services to emerging adults; | |
2398 | - | “(B) Victim services for emerging adults; or | |
2399 | - | “(C) Juvenile and criminal justice system services for emerging adults. | |
2400 | - | “(h)(1) Initial appointments to the Advisory Council shall be made within 60 days after | |
2401 | - | the applicability date of section 33 of the Secure DC Omnibus Amendment Act of 2024, passed | |
2402 | - | on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345). | |
2403 | - | “(2) The Mayor and Chairman of the Council shall each designate one co-chair | |
2404 | - | for the Advisory Council from among the members. | |
2405 | - | “(3) All Advisory Council members shall serve without compensation and may be | |
2406 | - | reappointed. | |
2407 | - | “(4) Members of the Advisory Council shall serve a 3-year term, or until a | |
2408 | - | successor has been appointed; except, that: | |
2409 | - | “(A) Of the Mayor’s initial appointments, two members shall be appointed | |
2410 | - | for a term of 3 years, one member shall be appointed for a term of 2 years, and one member shall | |
2411 | - | be appointed for a term of one year; and | |
2412 | - | “(B) Of the Council’s initial appointments, one member shall be appointed | |
2413 | - | for a term of 2 years, and one member shall be appointed for a term of one year. | |
2414 | - | “(i) Three Advisory Council members shall constitute a quorum. | |
2415 | - | “(j) For the purposes of this section, the term: | |
2416 | - | “(1) “Community-based organization” means a nonprofit organization that is ENROLLED ORIGINAL | |
1378 | + | for criminal conspiracy under section 908A of An Act To establish a code of law for the District 999 | |
1379 | + | of Columbia, approved July 29, 1970 (84 Stat. 599; D.C. Official Code § 22-1805a), arising from 1000 | |
1380 | + | the same act or course of conduct. 1001 | |
1381 | + | “(2) For a person found guilty of 2 or more offenses that merge under this 1002 | |
1382 | + | subsection, the sentencing court shall either: 1003 | |
1383 | + | “(A) Vacate all but one of the offenses prior to sentencing according to the 1004 | |
1384 | + | rule of priority in paragraph (3) of this subsection; or 1005 | |
1385 | + | “(B) Enter judgment and sentence the actor for offenses that merge; 1006 | |
1386 | + | provided, that: 1007 | |
1387 | + | “(i) Sentences for the offenses run concurrent to one another; and 1008 | |
1388 | + | “(ii) The convictions for all but, at most, one of the offenses shall 1009 | |
1389 | + | be vacated after: 1010 | |
1390 | + | “(I) The time for appeal has expired; or 1011 | |
1391 | + | “(II) The judgment that was appealed has been decided. 1012 | |
1392 | + | “(3) When convictions are vacated under paragraph (2)(A) of this subsection, the 1013 | |
1393 | + | conviction that remains shall be the conviction for: 1014 | |
1394 | + | “(A) The offense with the highest authorized maximum period of 1015 | |
1395 | + | incarceration; or 1016 ENGROSSED ORIGINAL | |
1396 | + | ||
2417 | 1397 | ||
2418 | 1398 | ||
2419 | 1399 | 55 | |
2420 | 1400 | ||
2421 | 1401 | ||
2422 | 1402 | ||
2423 | - | representative of the District or significant segments of the District and provides social, | |
2424 | - | educational, or related services to individuals in the community. | |
2425 | - | “(2) “Court” means the Superior Court of the District of Columbia. | |
2426 | - | “(3) “CSOSA” means the Court Services and Offender Supervision Agency. | |
2427 | - | “(4) “Emerging adult” means an individual between the ages of 18 through 24. | |
2428 | - | “(5) “LGBTQ” shall have the same meaning as provided in section 2(2) of the | |
2429 | - | Office of Gay, Lesbian, Bisexual, and Transgender Affairs Act of 2006, effective April 4, 2006 | |
2430 | - | (D.C. Law 16-89; D.C. Official Code § 2-1381(2)). | |
2431 | - | “(6) “PII” shall have the same meaning as provided in section 2a(7) of the District | |
2432 | - | of Columbia Commission for Women Act of 1978, effective March 10, 2023 (D.C. Law 24-303; | |
2433 | - | D.C. Official Code § 3-701.01(7)).”. | |
2434 | - | ||
2435 | - | Sec. 34. The lead-in language of section 28-5402 of the District of Columbia Official | |
2436 | - | Code is amended by striking the phrase “A retailer” and inserting the phrase “Beginning January | |
2437 | - | 1, 2025, a retailer” in its place. | |
2438 | - | ||
2439 | - | Sec. 35. The Act to Regulate Public Conduct on Public Passenger Vehicles, effective | |
2440 | - | September 23, 1975 (D.C. Law 1-18; D.C. Official Code § 35-251 et seq.), is amended as | |
2441 | - | follows: | |
2442 | - | (a) Section 3 (D.C. Official Code § 35-252) is amended as follows: | |
2443 | - | (1) The existing text is designated as subsection (a). | |
2444 | - | (2) A new subsection (b) is added to read as follows: | |
2445 | - | “(b) A person who is stopped by an individual authorized to issue notices of infractions | |
2446 | - | under section 5(a)(3) for violating subsection (a) of this section shall, upon request, inform that | |
2447 | - | authorized individual of his or her true name and address for the purpose of including that | |
2448 | - | information on a notice of infraction; provided, that no person shall be required to possess or | |
2449 | - | display any documentary proof of his or her name or address in order to comply with the | |
2450 | - | requirements of this section.”. | |
2451 | - | (b) Section 5 (D.C. Official Code § 35-254) is amended as follows: | |
2452 | - | (1) Subsection (a)(1) is amended by striking the phrase “section 3” and inserting | |
2453 | - | the phrase “section 3(a)” in its place. | |
2454 | - | (2) Subsection (b) is amended by adding a new paragraph (1A) to read as follows: | |
2455 | - | “(1A) A person who refuses to provide his or her name and address, or who | |
2456 | - | knowingly provides an incorrect name or address, to an authorized individual in violation of | |
2457 | - | section 3(b) shall, upon conviction, be fined no more than $100.”. | |
2458 | - | ||
2459 | - | Sec. 36. Section 4 of the Transit Operator Protection and Enhanced Penalty Amendment | |
2460 | - | Act of 2008, effective July 23, 2008 (D.C. Law 17-206; D.C. Official Code § 35-261), is | |
2461 | - | amended as follows: ENROLLED ORIGINAL | |
1403 | + | “(B) If 2 or more offenses have the same highest authorized maximum 1017 | |
1404 | + | period of incarceration, any offense that the sentencing court deems appropriate.”. 1018 | |
1405 | + | (b) Section 112(a) (D.C. Official Code § 22-3212(a)) is amended to read as follows: 1019 | |
1406 | + | “(a)(1) Theft in the first degree. – Any person convicted of theft in the first degree shall 1020 | |
1407 | + | be fined no more than the amount set forth in section 101 of the Criminal Fine Proportionality 1021 | |
1408 | + | Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-1022 | |
1409 | + | 3571.01), or incarcerated for no more than 10 years, or both, if: 1023 | |
1410 | + | “(A) The value of the property obtained or used is $500 or more; or 1024 | |
1411 | + | “(B)(i) The person commits theft twice or more within a period of 6 1025 | |
1412 | + | months and the aggregate value of property obtained is $500 or more. 1026 | |
1413 | + | “(ii) When a person commits theft twice or more within a period of 1027 | |
1414 | + | 6 months pursuant to sub-subparagraph (i) of this subparagraph, the thefts may be aggregated 1028 | |
1415 | + | and charged in a single count, in which event they shall constitute a single offense. 1029 | |
1416 | + | “(2) A conviction for first degree theft under paragraph (1)(C) of this subsection 1030 | |
1417 | + | merges with any other conviction for robbery under section 810 of An Act To establish a code of 1031 | |
1418 | + | law for the District of Columbia, approved March 3, 1901 (31 Stat. 1322; D.C. Official Code § 1032 | |
1419 | + | 22-2801), and malicious destruction of property under section 848 of An Act To establish a code 1033 | |
1420 | + | of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1327; D.C. Official Code 1034 | |
1421 | + | § 22-303), arising from the same act or course of conduct. 1035 ENGROSSED ORIGINAL | |
1422 | + | ||
2462 | 1423 | ||
2463 | 1424 | ||
2464 | 1425 | 56 | |
2465 | 1426 | ||
2466 | 1427 | ||
2467 | 1428 | ||
2468 | - | (a) The section heading is amended to read as follows: | |
2469 | - | “Sec. 4. Notice of enhanced penalties for commission of offenses against transit | |
2470 | - | operators, Metrorail station managers, Metrorail station employees, and mass transit vehicle | |
2471 | - | passengers.”. | |
2472 | - | (b) Subsection (a)(1) is amended to read as follows: | |
2473 | - | “(1) The Washington Metropolitan Area Transit Authority shall post or otherwise provide | |
2474 | - | conspicuous notice of the enhanced penalties for the commission of certain offenses against | |
2475 | - | transit operators, Metrorail station managers, Metrorail station employees, and mass transit | |
2476 | - | vehicle passengers in the District of Columbia pursuant to section 2a of the Taxicab Drivers | |
2477 | - | Protection Act of 2000, effective July 23, 2008 (D.C. Law 17-206; D.C. Official Code § 22- | |
2478 | - | 3751.01), on all Metrobus buses and Metrorail trains operating in the District of Columbia, and | |
2479 | - | at or near all Metrorail station kiosks within the District of Columbia.”. | |
2480 | - | ||
2481 | - | Sec. 37. The Anti-Loitering/Drug Free Zone Act of 1996, effective June 3, 1997 (D.C. | |
2482 | - | Law 11-270; D.C. Official Code § 48-1001 et seq.), is revived as of the effective date of the | |
2483 | - | Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 | |
2484 | - | (Enrolled version of Bill 25-345), and amended to read as follows: | |
2485 | - | “Sec. 2. Definitions. | |
2486 | - | For the purposes of this act, the term: | |
2487 | - | “(1) “Chief of Police” means the Chief of the Metropolitan Police Department as | |
2488 | - | the designated agent of the Mayor. | |
2489 | - | “(2) “Controlled Substances Act” means the District of Columbia Uniform | |
2490 | - | Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official | |
2491 | - | Code § 48-901.01 et seq.). | |
2492 | - | “(3) “Disperse” means to depart from the designated drug free zone and not to | |
2493 | - | recongregate within the drug free zone with anyone from the group ordered to depart for the | |
2494 | - | purpose of committing an offense under Title IV of the Controlled Substances Act for the | |
2495 | - | duration of the zone. | |
2496 | - | “(4) “Drug free zone” means public space on public property in an area not to | |
2497 | - | exceed a square of 1,000 feet on each side that is established pursuant to section 3. | |
2498 | - | “(5) “Illegal drug” means the same as the term “controlled substance” in section | |
2499 | - | 102(4) of the Controlled Substances Act. | |
2500 | - | “(6) “Known unlawful drug user, possessor, or seller” means a person who has, | |
2501 | - | within the knowledge of the arresting officer, been convicted in any court of any violation | |
2502 | - | involving the use, possession, or distribution of any of the substances referred to in Title IV of | |
2503 | - | the Controlled Substances Act. | |
2504 | - | “(7) “Police Department” means the Metropolitan Police Department. | |
2505 | - | “Sec. 3. Procedure for establishing a drug free zone. ENROLLED ORIGINAL | |
1429 | + | “(3) For a person found guilty of 2 or more offenses that merge under this 1036 | |
1430 | + | subsection, the sentencing court shall either: 1037 | |
1431 | + | “(A) Vacate all but one of the offenses prior to sentencing according to the 1038 | |
1432 | + | rule of priority in paragraph (4) of this subsection; or 1039 | |
1433 | + | “(B) Enter judgment and sentence the actor for offenses that merge; 1040 | |
1434 | + | provided, that: 1041 | |
1435 | + | “(i) Sentences for the offenses run concurrent to one another; and 1042 | |
1436 | + | “(ii) The convictions for all but, at most, one of the offenses shall 1043 | |
1437 | + | be vacated after: 1044 | |
1438 | + | “(I) The time for appeal has expired; or 1045 | |
1439 | + | “(II) The judgment that was appealed has been decided. 1046 | |
1440 | + | “(4) When convictions are vacated under paragraph (3)(A) of this subsection, the 1047 | |
1441 | + | conviction that remains shall be the conviction for: 1048 | |
1442 | + | “(A) The offense with the highest authorized maximum period of 1049 | |
1443 | + | incarceration; or 1050 | |
1444 | + | “(B) If 2 or more offenses have the same highest authorized maximum 1051 | |
1445 | + | period of incarceration, any offense that the sentencing court deems appropriate.”. 1052 | |
1446 | + | (c) Section 201(b) (D.C. Official Code § 22-3601(b)) is amended to read as follows: 1053 ENGROSSED ORIGINAL | |
1447 | + | ||
2506 | 1448 | ||
2507 | 1449 | ||
2508 | 1450 | 57 | |
2509 | 1451 | ||
2510 | 1452 | ||
2511 | 1453 | ||
2512 | - | “(a) The Chief of Police may declare any public area a drug free zone for a period not to | |
2513 | - | exceed 120 consecutive hours. | |
2514 | - | “(b) In determining whether to designate a drug free zone, the Chief of Police shall | |
2515 | - | consider the following: | |
2516 | - | “(1) Within the preceding 6-month period, the occurrence of a disproportionately | |
2517 | - | high number of: | |
2518 | - | “(A) Arrests for the possession or distribution of illegal drugs in the | |
2519 | - | proposed drug free zone; | |
2520 | - | “(B) Police reports for dangerous crimes, as that term is defined in D.C. | |
2521 | - | Official Code § 23-1331(3), that were committed in the proposed drug free zone; or | |
2522 | - | “(C) Police reports for crimes of violence, as that term is defined in D.C. | |
2523 | - | Official Code § 23-1331(4), that were committed in the proposed drug free zone; | |
2524 | - | “(2) Any number of homicides that were committed in the proposed drug free | |
2525 | - | zone; | |
2526 | - | “(3) Objective evidence or verifiable information that shows that illegal drugs are | |
2527 | - | being sold and distributed on public space on public property within the proposed drug free zone; | |
2528 | - | and | |
2529 | - | “(4) Any other verifiable information from which the Chief of Police may | |
2530 | - | ascertain whether the health or safety of residents who live in the proposed drug free zone are | |
2531 | - | endangered by the purchase, sale, or use of illegal drugs or other illegal activity. | |
2532 | - | “(c) At least 24 hours prior to the designation of the drug free zone, the Chief of Police | |
2533 | - | shall notify, in writing: | |
2534 | - | “(1) The Chairman and each member of the Council of the District of Columbia | |
2535 | - | of the declaration of the drug free zone and the boundaries of the drug free zone; | |
2536 | - | “(2) All licensed medical or social services clinics operating in or adjacent to the | |
2537 | - | drug free zone of the declaration of the drug free zone and the boundaries of the drug free zone; | |
2538 | - | and | |
2539 | - | “(3) The Deputy Mayor for Health and Human Services, the Director of the | |
2540 | - | Department of Behavioral Health, the Director of the Department of Health, the Director of the | |
2541 | - | Department of Human Services, the Deputy Mayor for Public Safety and Justice, the Director of | |
2542 | - | the Office of Neighborhood Safety and Engagement, and the Office of the Attorney General’s | |
2543 | - | “Cure the Streets” program of the designation of the drug free zone, the boundaries of the drug | |
2544 | - | free zone, and the need for any relevant medical or social services in the surrounding area, in | |
2545 | - | order to ensure that this designation does not conflict with section 5(c). | |
2546 | - | “(d) The Chief of Police may not declare the same area, or an overlapping area, as a drug | |
2547 | - | free zone for more than 360 consecutive hours or for more than 360 hours within a 30-day | |
2548 | - | period. | |
2549 | - | “Sec. 4. Notice of a drug free zone. | |
2550 | - | “Upon the designation of a drug free zone, the Police Department shall mark each block ENROLLED ORIGINAL | |
1454 | + | “(b) The provisions of subsection (a) of this section shall apply to the following offenses: 1054 | |
1455 | + | any crime of violence, as that term is defined in D.C. Official Code § 23-1331(4), theft, fraud in 1055 | |
1456 | + | the first degree, and fraud in the second degree, identity theft, financial exploitation of a 1056 | |
1457 | + | vulnerable adult or elderly person, or an attempt or conspiracy to commit any of the foregoing 1057 | |
1458 | + | offenses.”. 1058 | |
1459 | + | (d) New sections 203 and 204 are added to read as follows: 1059 | |
1460 | + | “Sec. 203. Enhanced penalty for committing a crime of violence against a person at a 1060 | |
1461 | + | Department of Parks and Recreation property. 1061 | |
1462 | + | “(a) Any person who commits a crime of violence, as that term is defined in D.C. Official 1062 | |
1463 | + | Code § 23-1331(4), against another person while located on a property administered by the 1063 | |
1464 | + | Department of Parks and Recreation may be punished by a fine of up to 1 1/2 times the 1064 | |
1465 | + | maximum fine otherwise authorized for the offense and may be imprisoned for a term of up to 1 1065 | |
1466 | + | 1/2 times the maximum term of imprisonment otherwise authorized by the offense, or both. 1066 | |
1467 | + | “(b) For the purposes of this section, the term “property” means any park, field, court, 1067 | |
1468 | + | play area, facility, or building, and the associated parking lot. 1068 | |
1469 | + | “Sec. 204. Enhanced penalties for committing a crime of violence against vulnerable 1069 | |
1470 | + | adults. 1070 | |
1471 | + | “(a) Any person who commits a crime of violence, as that term is defined in D.C. Official 1071 | |
1472 | + | Code § 23-1331(4), against a vulnerable adult may be punished by a fine of up to 1 1/2 times the 1072 ENGROSSED ORIGINAL | |
1473 | + | ||
2551 | 1474 | ||
2552 | 1475 | ||
2553 | 1476 | 58 | |
2554 | 1477 | ||
2555 | 1478 | ||
2556 | 1479 | ||
2557 | - | within the drug free zone by using barriers, tape, or police officers that post the following | |
2558 | - | information in the immediate area of, and borders around, the drug free zone: | |
2559 | - | “(1) A statement that it is unlawful for a person to congregate in a group of 2 or | |
2560 | - | more persons for the purpose of committing an offense under Title IV of the Controlled | |
2561 | - | Substances Act within the boundaries of a drug free zone, and to fail to disperse after being | |
2562 | - | instructed to disperse by a uniformed officer of the Police Department who reasonably believes | |
2563 | - | the person is congregating for the purpose of committing an offense under Title IV of the | |
2564 | - | Controlled Substances Act; | |
2565 | - | “(2) The boundaries of the drug free zone; | |
2566 | - | “(3) A statement of the effective dates of the drug free zone designation; and | |
2567 | - | “(4) Any other additional notice to inform the public of the drug free zone. | |
2568 | - | “Sec. 5. Prohibition. | |
2569 | - | “(a) It shall be unlawful for a person to congregate in a group of 2 or more within the | |
2570 | - | perimeter of a drug free zone established pursuant to section 3 for the purpose of committing an | |
2571 | - | offense under Title IV of the Controlled Substances Act, and to fail to disperse after being | |
2572 | - | instructed to disperse by a uniformed officer of the Police Department who reasonably believes | |
2573 | - | the person is congregating for the purpose of committing an offense under Title IV of the | |
2574 | - | Controlled Substances Act. | |
2575 | - | “(b) In making a determination that a person is congregating in a drug free zone for the | |
2576 | - | purpose of committing an offense under Title IV of the Controlled Substances Act, the totality of | |
2577 | - | the circumstances involved shall be considered. Among the circumstances which may be | |
2578 | - | considered in determining whether such purpose is manifested are: | |
2579 | - | “(1) The conduct of a person being observed, including that such person is | |
2580 | - | behaving in a manner raising a reasonable belief that the person is engaging or is about to engage | |
2581 | - | in illegal drug activity, such as the observable distribution of small packages to other persons, the | |
2582 | - | receipt of currency for the exchange of a small package, operating as a lookout, warning others | |
2583 | - | of the arrival of police, concealing himself or herself or any object which reasonably may be | |
2584 | - | connected to unlawful drug-related activity, or engaging in any other conduct normally | |
2585 | - | associated by law enforcement agencies with the illegal distribution or possession of drugs; | |
2586 | - | “(2) Information from a reliable source indicating that a person being observed | |
2587 | - | routinely distributes illegal drugs within the drug free zone; | |
2588 | - | “(3) Information from a reliable source indicating that the person being observed | |
2589 | - | is currently engaging in illegal drug-related activity within the drug free zone; | |
2590 | - | “(4) Such person is physically identified by the officer as a member of a gang or | |
2591 | - | association which engages in illegal drug activity; | |
2592 | - | “(5) Such person is a known unlawful drug user, possessor, or seller; | |
2593 | - | “(6) Such person has no other apparent lawful reason for congregating in the drug | |
2594 | - | free zone, such as waiting for a bus, being near one’s own residence, or waiting to receive | |
2595 | - | medical or social services; ENROLLED ORIGINAL | |
1480 | + | maximum fine otherwise authorized for the offense and may be imprisoned for a term of up to 1 1073 | |
1481 | + | 1/2 times the maximum term of imprisonment otherwise authorized for the offense, or both. 1074 | |
1482 | + | “(b) It is an affirmative defense that the accused knew or reasonably believed that the 1075 | |
1483 | + | victim was not a vulnerable adult at the time of the offense, or could not have known or 1076 | |
1484 | + | determined the age of the victim because of the manner in which the offense was committed. 1077 | |
1485 | + | This defense shall be established by a preponderance of the evidence. 1078 | |
1486 | + | “(c) For the purposes of this section, the term “vulnerable adult” means a person who is 1079 | |
1487 | + | 18 years of age or older and has one or more physical or mental limitations that substantially 1080 | |
1488 | + | impairs the person’s ability to independently provide for their daily needs or safeguard their 1081 | |
1489 | + | person, property, or legal interests.”. 1082 | |
1490 | + | Sec. 25. The Anti-Intimidation and Defacing of Public or Private Property Criminal 1083 | |
1491 | + | Penalty Act of 1982, effective March 10, 1983 (D.C. Law 4-203; D.C. Official Code § 22-3312 1084 | |
1492 | + | et seq.), is amended as follows: 1085 | |
1493 | + | (a) Section 4 (D.C. Official Code § 22-3312.03) is revived as of the effective date of the 1086 | |
1494 | + | Secure DC Omnibus Amendment Act of 2024, passed on 1st reading on February 6, 2024 1087 | |
1495 | + | (Engrossed version of Bill 25-345), and amended to read as follows: 1088 | |
1496 | + | “Sec. 4. Wearing masks. 1089 | |
1497 | + | “It shall be unlawful for any person over 16 years of age, while wearing any mask or 1090 | |
1498 | + | other article whereby a substantial portion of the face is hidden, concealed, or covered as to 1091 ENGROSSED ORIGINAL | |
1499 | + | ||
2596 | 1500 | ||
2597 | 1501 | ||
2598 | 1502 | 59 | |
2599 | 1503 | ||
2600 | 1504 | ||
2601 | 1505 | ||
2602 | - | “(7) Any vehicle involved in the observed circumstances is registered to a known | |
2603 | - | unlawful drug user, possessor, or seller, or a person for whom there is an outstanding arrest | |
2604 | - | warrant for a crime involving drug related activity. | |
2605 | - | “(c) The prohibition under this section shall not be applied with the primary purpose of | |
2606 | - | depriving persons of social or medical services. | |
2607 | - | “(d) The Chief of Police shall issue a General Order establishing protocols to ensure that | |
2608 | - | persons seeking or receiving medical or social services near or in a drug free zone are not | |
2609 | - | prevented, discouraged, or otherwise deterred from seeking such services. | |
2610 | - | “Sec. 6. Penalties. | |
2611 | - | “(a) Any person who violates section 5 shall, upon conviction, be subject to a fine of not | |
2612 | - | more than $300, imprisonment for not more than 180 days, or both. | |
2613 | - | “(b) The fine set forth in this section shall not be limited by section 101 of the Criminal | |
2614 | - | Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. | |
2615 | - | Official Code § 22-3571.01). | |
2616 | - | “Sec. 7. Reporting. | |
2617 | - | “No later than one year after the effective date of the Secure DC Omnibus Amendment | |
2618 | - | Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345), and | |
2619 | - | annually thereafter, the Chief of Police shall submit a report to the Mayor and the Chairman of | |
2620 | - | the Council that shall include the following information: | |
2621 | - | “(1) The boundaries of all drug free zones declared by the Chief of Police in the | |
2622 | - | past year; | |
2623 | - | “(2) A list of all drug free zones located within 100 feet of a licensed medical or | |
2624 | - | social services clinic in the past year; | |
2625 | - | “(3) For each drug free zone declared, data on the following information in the 6 | |
2626 | - | months prior to and up to the 6 months following the declaration of the drug free zone: | |
2627 | - | “(A) Arrests for the possession or distribution of illegal drugs in the | |
2628 | - | boundaries of the drug free zone; | |
2629 | - | “(B) Police reports for dangerous crimes or crimes of violence, as those | |
2630 | - | terms are defined in D.C. Official Code § 23-1331, in the boundaries of the drug free zone; | |
2631 | - | “(C) The number of homicides that were committed in the boundaries of the | |
2632 | - | drug free zone; | |
2633 | - | “(D) A description of the objective evidence or verifiable information | |
2634 | - | demonstrating that illegal drugs were being sold and distributed on public property within the | |
2635 | - | boundaries of the drug free zone prior to the designation of the drug free zone; and | |
2636 | - | “(E) Any other verifiable information from which the Chief of Police may | |
2637 | - | ascertain whether the health or safety of residents who live in the boundaries of the drug free | |
2638 | - | zone were being endangered by the purchase, sale, or use of illegal drugs or other illegal | |
2639 | - | activity.”. | |
2640 | - | ENROLLED ORIGINAL | |
1506 | + | conceal the identity of the wearer to enter upon, be, or appear upon or within public property, or 1092 | |
1507 | + | hold any meeting or demonstration, if the intent of the person is to: 1093 | |
1508 | + | “(1) Engage in conduct prohibited by civil or criminal law and avoid 1094 | |
1509 | + | identification; 1095 | |
1510 | + | “(2) Deprive any person or class of persons of equal protection of the law or of 1096 | |
1511 | + | equal privileges and immunities under the law, or for the purpose of preventing or hindering the 1097 | |
1512 | + | constituted authorities of the United States or the District of Columbia from giving or securing 1098 | |
1513 | + | for all persons within the District of Columbia equal protection of the law; 1099 | |
1514 | + | “(3) Force or threaten the use of force, to injure, intimidate, or interfere with any 1100 | |
1515 | + | person because of his or her exercise of any right secured by federal or District of Columbia 1101 | |
1516 | + | laws, or to intimidate any person or any class of persons from exercising any right secured by 1102 | |
1517 | + | federal or District of Columbia laws; or 1103 | |
1518 | + | “(4) Intimidate, threaten, abuse, or harass any other person; or 1104 | |
1519 | + | “(4) Intimidate, threaten, abuse, or harass any other person.”. 1105 | |
1520 | + | “(5) Cause another person to fear for his or her personal safety.”. 1106 | |
1521 | + | (b) Section 5(b) (D.C. Official Code § 22-3312.04(b)) is amended by striking the phrase 1107 | |
1522 | + | “shall be” and inserting the phrase “or section 4 shall be” in its place. 1108 | |
1523 | + | Sec. 26. The Taxicab Drivers Protection Act of 2000, effective June 9, 2001 (D.C. Law 1109 | |
1524 | + | 13-307; D.C. Official Code § 22-3751 et seq.), is amended as follows: 1110 ENGROSSED ORIGINAL | |
1525 | + | ||
2641 | 1526 | ||
2642 | 1527 | ||
2643 | 1528 | 60 | |
2644 | 1529 | ||
2645 | 1530 | ||
2646 | 1531 | ||
2647 | - | Sec. 38. Chapter 39 of Title 24 of the District of Columbia Municipal Regulations (24 | |
2648 | - | DCMR § 3900 et seq.), is amended as follows: | |
2649 | - | (a) Subsection 3900.5 is repealed. | |
2650 | - | (b) Subsection 3900.9 is amended to read as follows: | |
2651 | - | “3900.9 (a) For any incident involving an officer-involved death or serious use of force, a | |
2652 | - | member shall not review their body-worn camera recordings or any body-worn camera | |
2653 | - | recordings that have been shared with them to assist in initial report writing. | |
2654 | - | “(b) A member shall indicate, when writing any initial or subsequent reports, | |
2655 | - | whether the officer viewed body-worn camera footage prior to writing the report and specify | |
2656 | - | what body-worn camera footage the officer viewed.”. | |
2657 | - | (c) Section 3999.1 is amended as follows: | |
2658 | - | (1) The definition of “serious use of force” is amended to read as follows: | |
2659 | - | ““Serious use of force” means any: | |
2660 | - | “(1) Firearm discharges by a Metropolitan Police Department officer, with the | |
2661 | - | exception of a negligent discharge that does not otherwise put members of the public at risk of | |
2662 | - | injury or death, or a range or training incident; | |
2663 | - | “(2) Head strikes by a Metropolitan Police Department officer with an impact | |
2664 | - | weapon; | |
2665 | - | “(3) Use of force by a Metropolitan Police Department officer that: | |
2666 | - | “(A) Results in serious bodily injury; | |
2667 | - | “(B) Results in a protracted loss of consciousness, or that create a | |
2668 | - | substantial risk of death, serious disfigurement, disability or impairment of the functioning of | |
2669 | - | any body part or organ; | |
2670 | - | “(C) Involves the use of a prohibited technique, as that term is defined in | |
2671 | - | section 3 of the Limitation on the Use of the Chokehold Act of 1985, effective January 25, 1986 | |
2672 | - | (D.C. Law 6-77; D.C. Official Code § 5-125.02(6)); or | |
2673 | - | “(D) Results in a death; and | |
2674 | - | “(4) Incidents in which a Metropolitan Police Department canine bites a person.”. | |
2675 | - | (2) Insert a new definition between the definitions of “next of kin” and “subject” | |
2676 | - | to read as follows: | |
2677 | - | ““Serious bodily injury” means extreme physical pain, illness, or impairment of physical | |
2678 | - | condition including physical injury that involves a substantial risk of death, protracted and | |
2679 | - | obvious disfigurement, protracted loss or impairment of the function of a bodily member or | |
2680 | - | organ, or protracted loss of consciousness.”. | |
2681 | - | ||
2682 | - | Sec. 39. Section 5 of the Prioritizing Public Safety Temporary Amendment Act of 2023, | |
2683 | - | enacted on October 5, 2023 (D.C. Act 25-229; 70 DCR 13762), is repealed. | |
2684 | - | ENROLLED ORIGINAL | |
1532 | + | (a) Section 2 (D.C. Official Code § 22-3751) is amended to read as follows: 1111 | |
1533 | + | “Sec. 2. Enhanced penalties for committing a crime of violence against transportation 1112 | |
1534 | + | providers. 1113 | |
1535 | + | “(a) Any person who commits a crime of violence, as that term is defined in D.C. Official 1114 | |
1536 | + | Code § 23-1331(4), against a transportation provider may be punished by a fine of up to 1 1/2 1115 | |
1537 | + | times the maximum fine otherwise authorized for the offense and may be imprisoned for a term 1116 | |
1538 | + | of up to 1 1/2 times the maximum term of imprisonment otherwise authorized for the offense, or 1117 | |
1539 | + | both. 1118 | |
1540 | + | “(b) For the purposes of this section, the term “transportation provider” means a person 1119 | |
1541 | + | who operates within the District of Columbia a private vehicle-for-hire or a public vehicle-for-1120 | |
1542 | + | hire, as those terms are defined in section 4(16A) and (17) of the Department of For-Hire 1121 | |
1543 | + | Vehicles Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official 1122 | |
1544 | + | Code § 50-301.03(16A) and (17)), or a person that provides transportation of parcels, food, or 1123 | |
1545 | + | beverages in the District for compensation .”. 1124 | |
1546 | + | (b) Section 2a (D.C. Official Code § 22-3751.01) is amended as follows: 1125 | |
1547 | + | (1) The section heading is amended to read as follows: 1126 | |
1548 | + | “Sec. 2a. Enhanced penalties for committing a crime of violence against transit operators, 1127 | |
1549 | + | Metrorail station managers, employees, and passengers.”. 1128 | |
1550 | + | (2) Subsection (a) is amended to read as follows: 1129 ENGROSSED ORIGINAL | |
1551 | + | ||
2685 | 1552 | ||
2686 | 1553 | ||
2687 | 1554 | 61 | |
2688 | 1555 | ||
2689 | 1556 | ||
2690 | 1557 | ||
2691 | - | Sec. 40. The Second Chance Amendment Act of 2022, effective March 10, 2023 (D.C. | |
2692 | - | Law 24-284; 70 DCR 913), is amended as follows: | |
2693 | - | (a) Section 101(b) is amended as follows: | |
2694 | - | (1) Amendatory section 16-802(b) is amended as follows: | |
2695 | - | “(b) Eligible criminal records and court proceedings related to citation, arrests, charges, | |
2696 | - | and convictions shall be expunged pursuant to subsection (a) of this section by October 1, 2027, | |
2697 | - | or within 90 days after termination of the case by the prosecutor or final disposition, whichever | |
2698 | - | is later.”. | |
2699 | - | (2) Amendatory section 16-805(c) is amended as follows: | |
2700 | - | (A) Paragraph (1)(A) is amended to read as follows: | |
2701 | - | “(A) For which the case was terminated by the prosecutor or | |
2702 | - | otherwise reached a final disposition and did not result in a conviction or acquittal pursuant to § | |
2703 | - | 24-501 prior to the effective date of the Second Chance Amendment Act of 2022, effective | |
2704 | - | March 10, 2023 (D.C. Law 24-284; 70 DCR 913), shall be sealed by October 1, 2027, or within | |
2705 | - | 90 days after termination of the case by the prosecutor or final disposition, whichever is later; | |
2706 | - | and”. | |
2707 | - | (B) Paragraph (2) is amended to read as follows: | |
2708 | - | “(2) Related to citations, arrests, charges, and convictions sealed pursuant to | |
2709 | - | subsection (a)(2) of this section shall be sealed by October 1, 2027, or within 90 days after the | |
2710 | - | expiration of the waiting period, whichever is later.”. | |
2711 | - | (b) Section 301 is amended to read as follows: | |
2712 | - | “Sec. 301. Applicability. | |
2713 | - | “This act shall apply as of October 1, 2024.”. | |
2714 | - | ||
2715 | - | Sec. 41. Section 7088 of the Fiscal Year 2024 Budget Support Act of 2023, effective | |
2716 | - | September 6, 2023 (D.C. Law 25-50; 70 DCR 10366), is repealed. | |
2717 | - | ||
2718 | - | Sec. 42. Section 102(a)(5) of the Data-Sharing and Information Coordination | |
2719 | - | Amendment Act of 2010, effective December 4, 2010 (D.C. Law 18-273; D.C. Official Code § | |
2720 | - | 7-242(a)(5)), is amended by striking the phrase “report required by section 1505(b-3) of the | |
2721 | - | Criminal Justice Coordinating Council for the District of Columbia Establishment Act of 2001, | |
2722 | - | effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 22–4234(b-3)” and inserting | |
2723 | - | the phrase “reports required by section 1505(b-3) and (d) of the Criminal Justice Coordinating | |
2724 | - | Council for the District of Columbia Establishment Act of 2001, effective October 3, 2001 (D.C. | |
2725 | - | Law 14-28; D.C. Official Code § 22–4234(b-3) and (d))” in its place. | |
2726 | - | ||
2727 | - | Sec. 43. Section 302 of the District of Columbia Mental Health Information Act of 1978, | |
2728 | - | effective March 3, 1979 (D.C. Law 2-136; D.C. Official Code § 7-1203.02), is amended by | |
2729 | - | striking the phrase “section 1505(b-3) of the Criminal Justice Coordinating Council for the ENROLLED ORIGINAL | |
1558 | + | “(a) Any person who commits a crime of violence, as that term is defined in D.C. Official 1130 | |
1559 | + | Code § 23-1331(4), against a transit operator, who, at the time of the offense, is authorized to 1131 | |
1560 | + | operate and is operating a mass transit vehicle in the District of Columbia, or against a Metrorail 1132 | |
1561 | + | station manager or Metrorail station employee while on duty in the District of Columbia, may be 1133 | |
1562 | + | punished by a fine of up to one and 1/2 times the maximum fine otherwise authorized for the 1134 | |
1563 | + | offense and may be imprisoned for a term of up to one and 1/2 times the maximum term of 1135 | |
1564 | + | imprisonment otherwise authorized by the offense, or both.”. 1136 | |
1565 | + | (3) A new subsection (a-1) is added to read as follows: 1137 | |
1566 | + | “(a-1) Any person who commits a crime of violence, as that term is defined in D.C. 1138 | |
1567 | + | Official Code § 23-1331(4), against a passenger of a mass transit vehicle may be punished by a 1139 | |
1568 | + | fine of up to one and 1/2 times the maximum fine otherwise authorized for the offense and may 1140 | |
1569 | + | be imprisoned for a term of up to one and 1/2 times the maximum term of imprisonment 1141 | |
1570 | + | otherwise authorized by the offense, or both.”. 1142 | |
1571 | + | (4) Subsection (b) is amended as follows: 1143 | |
1572 | + | (A) A new paragraph (1A) is added to read as follows: 1144 | |
1573 | + | “(1A) “Metrorail station employee” means any Washington Metropolitan Area 1145 | |
1574 | + | Transit Authority employee who operates a bus or train or works in a Metrorail station.”. 1146 | |
1575 | + | (B) A new paragraph (2A) is added to read as follows: 1147 | |
1576 | + | “(2A) “Passenger” means a person who is traveling on a mass transit vehicle or 1148 ENGROSSED ORIGINAL | |
1577 | + | ||
2730 | 1578 | ||
2731 | 1579 | ||
2732 | 1580 | 62 | |
2733 | 1581 | ||
2734 | 1582 | ||
2735 | 1583 | ||
2736 | - | District of Columbia Establishment Act of 2001, effective October 3, 2001 (D.C. Law 14-28; | |
2737 | - | D.C. Official Code § 22–4234(b-3)” and inserting the phrase “section 1505(b-3) and (d) of the | |
2738 | - | Criminal Justice Coordinating Council for the District of Columbia Establishment Act of 2001, | |
2739 | - | effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 22–4234(b-3) and (d))” in its | |
2740 | - | place. | |
2741 | - | ||
2742 | - | Sec. 44. Comprehensive Public Safety Plan. | |
2743 | - | (a) The Executive Office of the Mayor shall develop and publish a Comprehensive Public | |
2744 | - | Safety Plan (“Plan”) no later than one year after the applicability date of this section. | |
2745 | - | (b) The Plan shall include decisions and assessments based on evidence and research on: | |
2746 | - | (1) Crime statistics that include collection of data on violent crimes, property | |
2747 | - | crimes, other various types of crime, and geographic distribution of crimes; | |
2748 | - | (2) Community perception surveys, which include surveys from citizens of the | |
2749 | - | District about the perception of safety, concerns with law enforcement entities, feedback on | |
2750 | - | police effectiveness, and trust in law enforcement; and | |
2751 | - | (3) Data on socioeconomic factors including data on education attainment, | |
2752 | - | employment status, housing stability, poverty rates, and graduation rates to identify a correlation | |
2753 | - | and understand the contribution between such factors and crime. | |
2754 | - | (c) The Executive Office of the Mayor shall develop and publish an updated Plan no later | |
2755 | - | than 4 years after the publication of the initial plan, and every 4 years thereafter. | |
2756 | - | ||
2757 | - | Sec. 45. Applicability. | |
2758 | - | (a)(1) Sections 2, 5, 9, 14, 16, 28(b) and (c), 30(f), (g), (h), and (k), 32, 33, amendatory | |
2759 | - | section 7 in section 37, 40, 41, and 44 shall apply upon the date of inclusion of their fiscal effect | |
2760 | - | in an approved budget and financial plan. | |
2761 | - | (2) The Chief Financial Officer shall certify the date of the inclusion of the fiscal | |
2762 | - | effect in an approved budget and financial plan, and provide notice to the Budget Director of the | |
2763 | - | Council of the certification. | |
2764 | - | (3)(A) The Budget Director shall cause the notice of the certification to be | |
2765 | - | published in the District of Columbia Register. | |
2766 | - | (B) The date of publication of the notice of the certification shall not affect | |
2767 | - | the applicability of the provisions identified in paragraph (1) of this subsection. | |
2768 | - | (b) Section 12 shall apply as of July 22, 2020. | |
2769 | - | ||
2770 | - | Sec. 46. Fiscal impact statement. | |
2771 | - | The Council adopts the fiscal impact statement in the committee report as the fiscal | |
2772 | - | impact statement required by section 4a of the General Legislative Procedures Act of 1975, | |
2773 | - | approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). | |
2774 | - | ENROLLED ORIGINAL | |
1584 | + | waiting at a marked mass transit vehicle boarding location, such as a bus stop or Metrorail 1149 | |
1585 | + | station.”. 1150 | |
1586 | + | (c) Section 3 (D.C. Official Code § 22-3752) is repealed. 1151 | |
1587 | + | Sec. 27. Section 2(6)(B) of the Sex Offender Registration Act of 1999, effective July 11, 1152 | |
1588 | + | 2000 (D.C. Law 13-137; D.C. Official Code § 22-4001(6)(B)), is amended by striking the phrase 1153 | |
1589 | + | “12 years” wherever it appears and inserting the phrase “13 years” in its place. 1154 | |
1590 | + | Sec. 28. The DNA Sample Collection Act of 2001, effective November 3, 2001 (D.C. 1155 | |
1591 | + | Law 14-52; D.C. Official Code § 22-4151), is amended by adding new sections 2a and 2b to read 1156 | |
1592 | + | as follows: 1157 | |
1593 | + | “Sec. 2a. Collection and use of DNA identification information from arrestees and 1158 | |
1594 | + | defendants. 1159 | |
1595 | + | “(a)(1) The Metropolitan Police Department may collect a DNA sample from each 1160 | |
1596 | + | individual arrested for an offense set forth in section 2(a). 1161 | |
1597 | + | “(2) If an individual appears in court having been charged by information, 1162 | |
1598 | + | complaint, or indictment with an offense set forth in section 2(a) without previously having a 1163 | |
1599 | + | DNA sample collected, the court may direct the collection of a DNA sample from that 1164 | |
1600 | + | individual. 1165 | |
1601 | + | “(3) DNA sample collection under this section may be limited to individuals who 1166 | |
1602 | + | are fingerprinted. 1167 ENGROSSED ORIGINAL | |
1603 | + | ||
2775 | 1604 | ||
2776 | 1605 | ||
2777 | 1606 | 63 | |
2778 | 1607 | ||
2779 | 1608 | ||
2780 | 1609 | ||
2781 | - | Sec. 47. Effective date. | |
2782 | - | This act shall take effect following approval by the Mayor (or in the event of veto by the | |
2783 | - | Mayor, action by the Council to override the veto), a 60-day period of congressional review as | |
2784 | - | provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December | |
2785 | - | 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)). | |
2786 | - | ||
2787 | - | ||
2788 | - | ||
2789 | - | ______________________________ | |
2790 | - | Chairman | |
2791 | - | Council of the District of Columbia | |
2792 | - | ||
2793 | - | ||
2794 | - | ||
2795 | - | ||
2796 | - | ||
2797 | - | _________________________________ | |
2798 | - | Mayor | |
2799 | - | District of Columbia | |
2800 | - | ||
1610 | + | “(4) The Metropolitan Police Department or the court, as applicable, may 1168 | |
1611 | + | authorize, or enter into agreements with, other local, state, or federal governmental agencies or 1169 | |
1612 | + | private entities to collect DNA samples under this section. 1170 | |
1613 | + | “(5) An agency or entity may, but need not, collect a DNA sample from an 1171 | |
1614 | + | individual if: 1172 | |
1615 | + | “(A) Another agency or entity has collected, or will collect, a DNA sample 1173 | |
1616 | + | from that individual and has provided, or will provide, the sample for analysis and inclusion of 1174 | |
1617 | + | the results in CODIS as provided in subsection (b) of this section; or 1175 | |
1618 | + | “(B) CODIS already contains a DNA analysis with respect to that 1176 | |
1619 | + | individual. 1177 | |
1620 | + | “(6) DNA sample collection may be repeated if the agency or entity responsible 1178 | |
1621 | + | for collection is informed that a sample collected from the individual does not satisfy the 1179 | |
1622 | + | requirements for analysis or for entry of the results of the analysis into CODIS. 1180 | |
1623 | + | “(b) The Metropolitan Police Department or other authorized agency or entity (as 1181 | |
1624 | + | applicable) shall furnish an individual’s DNA sample collected under this section to the Federal 1182 | |
1625 | + | Bureau of Investigation Laboratory, or to another laboratory approved by the FBI, for the 1183 | |
1626 | + | purpose of carrying out a DNA analysis on the DNA sample and including the results in CODIS. 1184 | |
1627 | + | The requirement to furnish the DNA sample to the FBI Laboratory or to another laboratory 1185 | |
1628 | + | approved by the FBI may be waived, with the permission of the FBI, if DNA samples are 1186 ENGROSSED ORIGINAL | |
1629 | + | ||
1630 | + | ||
1631 | + | ||
1632 | + | 64 | |
1633 | + | ||
1634 | + | ||
1635 | + | ||
1636 | + | analyzed by means of Rapid DNA instruments and the results are included in CODIS. DNA 1187 | |
1637 | + | samples collected under this section may not be analyzed or included in CODIS before either: 1188 | |
1638 | + | “(1) The individual has been charged by information, complaint, or indictment 1189 | |
1639 | + | with an offense set forth in section 2(a); or 1190 | |
1640 | + | “(2) A judicial officer has made an initial probable cause finding that the 1191 | |
1641 | + | individual committed an offense set forth in section 2(a). 1192 | |
1642 | + | “(c) Any DNA samples collected and records of DNA analyses generated under this 1193 | |
1643 | + | section shall be destroyed and expunged automatically from CODIS if: 1194 | |
1644 | + | “(1) A criminal action begun against the individual does not result in a conviction 1195 | |
1645 | + | of the individual for an offense set forth in section 2(a); 1196 | |
1646 | + | “(2) The conviction for an offense set forth in section 2(a) is reversed or vacated 1197 | |
1647 | + | and no new trial is permitted; or 1198 | |
1648 | + | “(3) The individual is granted an unconditional pardon. 1199 | |
1649 | + | “(d) The authorization of DNA sample collection by this section shall not limit DNA 1200 | |
1650 | + | sample collection by any agency pursuant to any other authority. 1201 | |
1651 | + | “(e) For the purposes of this section, the terms “DNA sample”, “DNA analysis”, and 1202 | |
1652 | + | “Rapid DNA instruments” shall have the same meaning as provided in 34 U.S.C. § 40703(c). 1203 | |
1653 | + | “Sec. 2b. Collection of DNA identification information from convicted offenders. 1204 ENGROSSED ORIGINAL | |
1654 | + | ||
1655 | + | ||
1656 | + | ||
1657 | + | 65 | |
1658 | + | ||
1659 | + | ||
1660 | + | ||
1661 | + | “(a)(1) A District agency may collect a DNA sample from an individual who is, or has 1205 | |
1662 | + | been, convicted of an offense set forth in section 2(a). 1206 | |
1663 | + | “(2) A District agency or the court, as applicable, may authorize, or enter into 1207 | |
1664 | + | agreements with, other local, state, or federal governmental agencies or private entities to collect 1208 | |
1665 | + | DNA samples under this section. 1209 | |
1666 | + | “(3) An agency or entity may, but need not, collect a DNA sample from an 1210 | |
1667 | + | individual if: 1211 | |
1668 | + | “(A) Another agency or entity has collected, or will collect, a DNA sample 1212 | |
1669 | + | from that individual and has provided, or will provide, the sample for analysis and inclusion of 1213 | |
1670 | + | the results in CODIS as provided in subsection (b) of this section; or 1214 | |
1671 | + | “(B) CODIS already contains a DNA analysis with respect to that 1215 | |
1672 | + | individual. 1216 | |
1673 | + | “(4) DNA sample collection may be repeated if the agency or entity responsible 1217 | |
1674 | + | for collection is informed that a sample collected from the individual does not satisfy the 1218 | |
1675 | + | requirements for analysis or for entry of the results of the analysis into CODIS. 1219 | |
1676 | + | “(b) The agency or entity, as applicable, shall furnish each DNA sample collected under 1220 | |
1677 | + | this section to the Federal Bureau of Investigation Laboratory, or to another laboratory approved 1221 | |
1678 | + | by the FBI, for the purpose of carrying out a DNA analysis on each such DNA sample and 1222 | |
1679 | + | including the results in CODIS. The requirements of this subsection may be waived, with the 1223 ENGROSSED ORIGINAL | |
1680 | + | ||
1681 | + | ||
1682 | + | ||
1683 | + | 66 | |
1684 | + | ||
1685 | + | ||
1686 | + | ||
1687 | + | permission of the Federal Bureau of Investigation, if DNA samples are analyzed by means of 1224 | |
1688 | + | Rapid DNA instruments and the results are included in CODIS. 1225 | |
1689 | + | “(c) The authorization of DNA sample collection by this section shall not limit DNA 1226 | |
1690 | + | sample collection by any agency pursuant to any other authority. 1227 | |
1691 | + | “(d) For the purposes of this section, the terms “DNA sample”, “DNA analysis”, and 1228 | |
1692 | + | “Rapid DNA instruments” shall have the same meaning as provided in 34 U.S.C. § 40703(c).”. 1229 | |
1693 | + | Sec. 28. The Criminal Justice Coordinating Council for the District of Columbia 1230 | |
1694 | + | Establishment Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 22-1231 | |
1695 | + | 4231 et seq.), is amended as follows: 1232 | |
1696 | + | (a) Section 1504(a) (D.C. Official Code § 22-4233(a)) is amended as follows: 1233 | |
1697 | + | (1) Paragraph (20) is amended by striking the phrase “; and” and inserting a 1234 | |
1698 | + | semicolon in its place. 1235 | |
1699 | + | (2) Paragraph (21) is amended by striking the period and inserting the phrase “; 1236 | |
1700 | + | and” in its place. 1237 | |
1701 | + | (3) A new paragraph (22) is added to read as follows: 1238 | |
1702 | + | “(22) The Chairperson of the District of Columbia Sentencing Commission.”. 1239 | |
1703 | + | (b) Section 1505 (D.C. Official Code § 22-4234) is amended by adding new subsections 1240 | |
1704 | + | (b-5), (b-6), (b-7), (b-8), and (b-9) to read as follows: 1241 | |
1705 | + | “(b-5)(1) By December 1, 2023, and on a quarterly basis thereafter, the CJCC shall 1242 ENGROSSED ORIGINAL | |
1706 | + | ||
1707 | + | ||
1708 | + | ||
1709 | + | 67 | |
1710 | + | ||
1711 | + | ||
1712 | + | ||
1713 | + | submit to the Mayor and the Council and post on its website a report that includes, in accordance 1243 | |
1714 | + | with existing law, aggregate data on the following with respect to the criminal justice and 1244 | |
1715 | + | juvenile justice systems: 1245 | |
1716 | + | “(A) Diversion; 1246 | |
1717 | + | “(B) Pretrial supervision; 1247 | |
1718 | + | “(C) Detention; 1248 | |
1719 | + | “(D) Prosecution; 1249 | |
1720 | + | “(E) Sentencing; 1250 | |
1721 | + | “(F) Commitment; 1251 | |
1722 | + | “(G) Incarceration; 1252 | |
1723 | + | “(H) Probation; 1253 | |
1724 | + | “(I) Parole; 1254 | |
1725 | + | “(J) Supervised release; and 1255 | |
1726 | + | “(K) Deferred prosecution agreements, deferred sentencing agreements, 1256 | |
1727 | + | deferred disposition agreements, and consent decrees. 1257 | |
1728 | + | “(2) The CJCC shall include in the report information and context to aid the 1258 | |
1729 | + | general public in interpretation of the data. 1259 | |
1730 | + | “(3) Prior to submitting and posting the aggregate data, the CJCC shall provide 1260 | |
1731 | + | each agency that supplies data at least 15 business days to review and comment on the data 1261 ENGROSSED ORIGINAL | |
1732 | + | ||
1733 | + | ||
1734 | + | ||
1735 | + | 68 | |
1736 | + | ||
1737 | + | ||
1738 | + | ||
1739 | + | presentation and any analysis relevant to the agency. The CJCC shall review the feedback and 1262 | |
1740 | + | make reasonable efforts to collaborate with agencies to ensure accuracy in the analysis and 1263 | |
1741 | + | presentation of each agency’s data. 1264 | |
1742 | + | “(b-6) The CJCC shall post the following year-to-date data on its website monthly, 1265 | |
1743 | + | beginning with the earliest year for which CJCC is able to obtain historical data: 1266 | |
1744 | + | “(1) Arrests for violent crimes committed by juveniles and adults, by offense; and 1267 | |
1745 | + | “(2) Gun violence and homicide counts and rates citywide and by ward, 1268 | |
1746 | + | neighborhood, and police service area. 1269 | |
1747 | + | “(b-7)(1) By August 1, 2024, and on a quarterly basis thereafter, the CJCC shall submit to 1270 | |
1748 | + | the Mayor and the Council and post on its website a report that includes the following: 1271 | |
1749 | + | “(A) The number of arrests made by the Metropolitan Police Department 1272 | |
1750 | + | in the prior quarter for a warrant issued when a defendant fails to appear in court (“bench 1273 | |
1751 | + | warrant”); 1274 | |
1752 | + | “(B) The number of arrests made by the United States Marshals Service in 1275 | |
1753 | + | the prior quarter for a bench warrant; 1276 | |
1754 | + | “(C) The number of new bench warrants issued by the Superior Court in 1277 | |
1755 | + | the prior quarter; 1278 | |
1756 | + | “(D) The total number of outstanding bench warrants; and 1279 ENGROSSED ORIGINAL | |
1757 | + | ||
1758 | + | ||
1759 | + | ||
1760 | + | 69 | |
1761 | + | ||
1762 | + | ||
1763 | + | ||
1764 | + | “(E) The number of arrestees arrested in the prior quarter for a different 1280 | |
1765 | + | offense while actively under a bench warrant. 1281 | |
1766 | + | “(2) Where applicable, the report created under paragraph (1) of this subsection 1282 | |
1767 | + | shall disaggregate data by whether the underlying offense in the case was a misdemeanor or 1283 | |
1768 | + | felony. 1284 | |
1769 | + | “(b-8)(1) Beginning March 1, 2025, and by March 1 of each year thereafter, the CJCC 1285 | |
1770 | + | shall submit to the Mayor and the Council and post on its website a report that analyzes the 1286 | |
1771 | + | trends associated with the Metropolitan Police Department’s felony crime statistics. The report 1287 | |
1772 | + | shall include: 1288 | |
1773 | + | “(A) The number and type of felony arrests made by the Metropolitan 1289 | |
1774 | + | Police Department; 1290 | |
1775 | + | “(B) The number of felony arrests that resulted in conviction and the 1291 | |
1776 | + | sentence imposed; 1292 | |
1777 | + | “(C) The location of felony arrests by ward, district, and police service 1293 | |
1778 | + | area; 1294 | |
1779 | + | “(D) The number of suspects involved in each felony arrest; 1295 | |
1780 | + | “(E) The number of victims involved in each felony arrest; 1296 | |
1781 | + | “(F) The characteristics of each suspect arrested for a felony crime, 1297 | |
1782 | + | including: 1298 ENGROSSED ORIGINAL | |
1783 | + | ||
1784 | + | ||
1785 | + | ||
1786 | + | 70 | |
1787 | + | ||
1788 | + | ||
1789 | + | ||
1790 | + | “(i) The age of the suspect; 1299 | |
1791 | + | “(ii) The race of the suspect; 1300 | |
1792 | + | “(iii) The gender of the suspect; 1301 | |
1793 | + | “(iv) The level of education of the suspect; 1302 | |
1794 | + | “(v) The police service area where the suspect resides; 1303 | |
1795 | + | “(vi) The number of prior arrests and contacts the suspect has had 1304 | |
1796 | + | with the Metropolitan Police Department as a victim, witness, or suspect; 1305 | |
1797 | + | “(vii) The number and type of convictions on the suspect’s 1306 | |
1798 | + | criminal record; 1307 | |
1799 | + | “(viii) The suspect’s relationship, if any, to the victim of the crime 1308 | |
1800 | + | for which he or she was charged; and 1309 | |
1801 | + | “(ix) If known, whether the suspect has had prior contact with the 1310 | |
1802 | + | Department of Behavioral Health; and 1311 | |
1803 | + | “(G) The characteristics of each victim involved in a felony crime, 1312 | |
1804 | + | including: 1313 | |
1805 | + | “(i) The age of the victim; 1314 | |
1806 | + | “(ii) The race of the victim; 1315 | |
1807 | + | “(iii) The gender of the victim; 1316 | |
1808 | + | “(iv) The level of education of the victim; 1317 ENGROSSED ORIGINAL | |
1809 | + | ||
1810 | + | ||
1811 | + | ||
1812 | + | 71 | |
1813 | + | ||
1814 | + | ||
1815 | + | ||
1816 | + | “(v) The police service area where the victim resides; 1318 | |
1817 | + | “(vi) The number of prior arrests and contacts the victim has had 1319 | |
1818 | + | with the Metropolitan Police Department, as a victim, witness, or suspect; 1320 | |
1819 | + | “(vii) The number and type of convictions on the victim’s criminal 1321 | |
1820 | + | record; and 1322 | |
1821 | + | “(viii) The victim’s relationship, if any, to the suspect. 1323 | |
1822 | + | “(2) District agencies shall provide information to CJCC upon request to facilitate 1324 | |
1823 | + | the creation of the report required by this subsection. 1325 | |
1824 | + | “(b-9) The CJCC shall submit a report to the Mayor and Council on the efficacy of the 1326 | |
1825 | + | pretrial detention provisions in the Secure DC Omnibus Amendment Act of 2024, passed on 1st 1327 | |
1826 | + | reading on February 6 ,2024 (Engrossed version of Bill 25-345), no later than 180 days after the 1328 | |
1827 | + | effective date of the Secure DC Omnibus Amendment Act of 2024, passed on 1st reading on 1329 | |
1828 | + | February 6 ,2024 (Engrossed version of Bill 25-345).”. 1330 | |
1829 | + | (c) A new section 1507 is added to read as follows: 1331 | |
1830 | + | “Sec. 1507. Prearrest Diversion Task Force. 1332 | |
1831 | + | “(a) There is established a Prearrest Diversion Task Force (“Task Force”) within the 1333 | |
1832 | + | Criminal Justice Coordinating Council. 1334 | |
1833 | + | “(b) The Task Force shall consist of the following members and organizations, or their 1335 | |
1834 | + | designees: 1336 ENGROSSED ORIGINAL | |
1835 | + | ||
1836 | + | ||
1837 | + | ||
1838 | + | 72 | |
1839 | + | ||
1840 | + | ||
1841 | + | ||
1842 | + | “(1) The Deputy Mayor for Public Safety and Justice; 1337 | |
1843 | + | “(2) The Deputy Mayor for Health and Human Services; 1338 | |
1844 | + | “(3) The Chief of Police of the Metropolitan Police Department; 1339 | |
1845 | + | “(4) The Director of the Department of Behavioral Health; 1340 | |
1846 | + | “(5) The Attorney General for the District of Columbia; 1341 | |
1847 | + | “(6) The chairperson of the Council committee with jurisdiction over judiciary 1342 | |
1848 | + | and public safety matters; 1343 | |
1849 | + | “(7) The Executive Director of the Criminal Justice Coordinating Council; 1344 | |
1850 | + | “(8) One representative from a community organization with expertise in mental 1345 | |
1851 | + | or behavioral health issues, appointed by the Chairperson of the Task Force; 1346 | |
1852 | + | “(9) One representative from a community organization with expertise in 1347 | |
1853 | + | substance use disorder issues, appointed by the Chairperson of the Task Force; and 1348 | |
1854 | + | “(10) One representative from a community organization with expertise in 1349 | |
1855 | + | housing issues, appointed by the Chairperson of the Task Force. 1350 | |
1856 | + | “(c) The members of the Task Force shall select a Chairperson of the Task Force. 1351 | |
1857 | + | “(d) In addition to the members described in subsection (b) of this section, the 1352 | |
1858 | + | Chairperson of the Task Force shall invite the following individuals, or their designees, to 1353 | |
1859 | + | participate as members of the Task Force: 1354 | |
1860 | + | “(1) The United States Attorney for the District of Columbia; 1355 ENGROSSED ORIGINAL | |
1861 | + | ||
1862 | + | ||
1863 | + | ||
1864 | + | 73 | |
1865 | + | ||
1866 | + | ||
1867 | + | ||
1868 | + | “(2) The Director of the Pretrial Services Agency for the District of Columbia; 1356 | |
1869 | + | “(3) The Director of the Court Services and Offender Supervision Agency for the 1357 | |
1870 | + | District of Columbia; and 1358 | |
1871 | + | “(4) The Director of the Superior Court of the District of Columbia’s Family 1359 | |
1872 | + | Court Social Services Division. 1360 | |
1873 | + | “(e) As needed, the Task Force may establish subcommittees of its members. 1361 | |
1874 | + | “(f) The duties of the Task Force shall include: 1362 | |
1875 | + | “(1) Reviewing and assessing best practices for prearrest diversion; 1363 | |
1876 | + | “(2) Making recommendations for prearrest diversion of certain misdemeanor 1364 | |
1877 | + | offenses, and certain categories of persons; 1365 | |
1878 | + | “(3) Making recommendations regarding the programs, facilities, personnel, and 1366 | |
1879 | + | funding that are necessary to implement prearrest diversion; 1367 | |
1880 | + | “(4) Making recommendations for any legislative changes that are necessary to 1368 | |
1881 | + | enable prearrest diversion; 1369 | |
1882 | + | “(5) Implementing prearrest diversion of certain misdemeanor offenses, and 1370 | |
1883 | + | categories of persons identified by the Task Force as being appropriate for diversion; 1371 | |
1884 | + | “(6) Identifying any potential improvements in police training or procedures 1372 | |
1885 | + | relating to police interactions with individuals impacted by homelessness, mental or behavioral 1373 | |
1886 | + | health issues, or substance abuse; and 1374 ENGROSSED ORIGINAL | |
1887 | + | ||
1888 | + | ||
1889 | + | ||
1890 | + | 74 | |
1891 | + | ||
1892 | + | ||
1893 | + | ||
1894 | + | “(7) Identifying individuals who frequently interact with police, are frequent 1375 | |
1895 | + | mental health consumers, or have suffered from chronic homelessness, and ensure that those 1376 | |
1896 | + | individuals are connected to social services. 1377 | |
1897 | + | “(g) Within 3 months after the applicability date of section 29 of the Secure DC Omnibus 1378 | |
1898 | + | Amendment Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed version of Bill 1379 | |
1899 | + | 25-345), the Task Force shall convene for an initial meeting. Following that initial meeting, the 1380 | |
1900 | + | Task Force shall meet on, at least, a monthly basis, until it issues its initial recommendations as 1381 | |
1901 | + | required under subsection (h) of this section. Thereafter, the Task Force shall continue to meet at 1382 | |
1902 | + | a frequency as determined by the Chairperson of the Task Force. 1383 | |
1903 | + | “(h) Within one year after the applicability date of section 29 of the Secure DC Omnibus 1384 | |
1904 | + | Amendment Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed version of Bill 1385 | |
1905 | + | 25-345), the Task Force shall issue initial recommendations for prearrest diversion of certain 1386 | |
1906 | + | misdemeanor offenses and categories of persons identified pursuant to subsection (f)(5) of this 1387 | |
1907 | + | section.”. 1388 | |
1908 | + | Sec. 29. An Act To control the possession, sale, transfer and use of pistols and other 1389 | |
1909 | + | dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of 1390 | |
1910 | + | evidence, and for other purposes, approved July 8, 1932 (47 Stat. 650; D.C. Official Code § 22-1391 | |
1911 | + | 4501 et seq.), is amended as follows: 1392 | |
1912 | + | (a) Section 1 (D.C. Official Code § 22-4501) is amended as follows: 1393 ENGROSSED ORIGINAL | |
1913 | + | ||
1914 | + | ||
1915 | + | ||
1916 | + | 75 | |
1917 | + | ||
1918 | + | ||
1919 | + | ||
1920 | + | (1) Paragraphs (1) and (1A) are redesignated as paragraph (1A) and (1B), 1394 | |
1921 | + | respectively. 1395 | |
1922 | + | (2) A new paragraph (1) is added to read as follows: 1396 | |
1923 | + | “(1) “Ammunition” shall have the same meaning as provided in section 101(2) of 1397 | |
1924 | + | the Firearms Control Regulations Act of 1975, effective September 24, 1976 (D.C. Law 1-85, 1398 | |
1925 | + | D.C. Official Code § 7-2501.01(2)).”. 1399 | |
1926 | + | (3) A new paragraph (4A) is added to read as follows: 1400 | |
1927 | + | “(4A) “Open to the general public” means a location: 1401 | |
1928 | + | “(A) To which the public is invited; and 1402 | |
1929 | + | “(B) For which no payment, membership, affiliation, appointment, or 1403 | |
1930 | + | special permission is required for an adult to enter, other than proof of age or a security 1404 | |
1931 | + | screening.”. 1405 | |
1932 | + | (4) Paragraph (7A) is redesignated as paragraph (7B). 1406 | |
1933 | + | (5) A new paragraph (7A) is added to read as follows: 1407 | |
1934 | + | “(7A) “Public conveyance” means any government-operated air, land, or water 1408 | |
1935 | + | vehicle used for the transportation of persons, including any airplane, train, bus, or boat.”. 1409 | |
1936 | + | (b) Section 3 (D.C. Official Code § 22-4503) is amended as follows: 1410 | |
1937 | + | (1) Subsection (a) is amended as follows: 1411 ENGROSSED ORIGINAL | |
1938 | + | ||
1939 | + | ||
1940 | + | ||
1941 | + | 76 | |
1942 | + | ||
1943 | + | ||
1944 | + | ||
1945 | + | (A) Paragraph (5)(C) is amended by striking the semicolon and inserting 1412 | |
1946 | + | the phrase “; or” in its place. 1413 | |
1947 | + | (B) Paragraph (6) is amended to read as follows: 1414 | |
1948 | + | “(6) Has been convicted within the past 5 years of: 1415 | |
1949 | + | “(A) An intrafamily offense, as that term is defined in D.C. Official Code 1416 | |
1950 | + | § 16-1001(8), or any similar provision in the law of another jurisdiction; or 1417 | |
1951 | + | “(B) Stalking or attempted stalking, pursuant to Title V of the Omnibus 1418 | |
1952 | + | Public Safety and Justice Amendment Act of 2009, effective December 10, 2009 (D.C. Law 18-1419 | |
1953 | + | 88; D.C. Official Code § 22-3131 et seq.), or any similar provision in the law of another 1420 | |
1954 | + | jurisdiction.”. 1421 | |
1955 | + | (2) New subsections (c-1) and (c-2) are added to read as follows: 1422 | |
1956 | + | “(c-1)(1) It shall be unlawful for any person knowingly to possess or receive any firearm 1423 | |
1957 | + | which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered. 1424 | |
1958 | + | “(2) It shall be unlawful for any person to receive, possess, conceal, store, barter, 1425 | |
1959 | + | sell, or dispose of any stolen firearm or stolen ammunition, or pledge or accept as security for a 1426 | |
1960 | + | loan any stolen firearm or stolen ammunition, knowing or having reasonable cause to believe 1427 | |
1961 | + | that the firearm or ammunition was stolen. 1428 | |
1962 | + | “(c-2) A person who violates subsection (c-1) of this section shall upon conviction be 1429 | |
1963 | + | fined no more than the amount set forth in section 101 of the Criminal Fine Proportionality 1430 ENGROSSED ORIGINAL | |
1964 | + | ||
1965 | + | ||
1966 | + | ||
1967 | + | 77 | |
1968 | + | ||
1969 | + | ||
1970 | + | ||
1971 | + | Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-1431 | |
1972 | + | 3571.01), or incarcerated no less than 2 years nor more than 5 years, or both.”. 1432 | |
1973 | + | (c) Section 3a (D.C. Official Code § 22-4503.01) is amended as follows: 1433 | |
1974 | + | (1) The existing text is designated as subsection (a). 1434 | |
1975 | + | (2) A new subsection (b) is added to read as follows: 1435 | |
1976 | + | “(b) A person who violates this section shall upon conviction be fined no more than the 1436 | |
1977 | + | amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, 1437 | |
1978 | + | effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for 1438 | |
1979 | + | no more than 2 years, or both.”. 1439 | |
1980 | + | (d) New sections 3c and 3d are added to read as follows: 1440 | |
1981 | + | “Sec. 3c. Endangerment with a firearm. 1441 | |
1982 | + | “(a) A person commits endangerment with a firearm when the person: 1442 | |
1983 | + | “(1) Knowingly discharges a projectile from a firearm outside a licensed firing 1443 | |
1984 | + | range; and 1444 | |
1985 | + | “(2) Either: 1445 | |
1986 | + | “(A) The person knows that the discharged projectile creates a substantial 1446 | |
1987 | + | risk of death or bodily injury to another person; or 1447 | |
1988 | + | “(B) In fact: 1448 ENGROSSED ORIGINAL | |
1989 | + | ||
1990 | + | ||
1991 | + | ||
1992 | + | 78 | |
1993 | + | ||
1994 | + | ||
1995 | + | ||
1996 | + | “(i) The person is in, or the discharged projectile travels through or 1449 | |
1997 | + | stops in, a location that is: 1450 | |
1998 | + | “(I) Open to the general public at the time of the offense; 1451 | |
1999 | + | “(II) A communal area of multi-unit housing; or 1452 | |
2000 | + | “(III) Inside a public conveyance or a rail station; and 1453 | |
2001 | + | “(ii) The person does not have permission to discharge a projectile 1454 | |
2002 | + | from a firearm under: 1455 | |
2003 | + | “(I) A written permit issued by the Metropolitan Police 1456 | |
2004 | + | Department; or 1457 | |
2005 | + | “(II) Other District or federal law. 1458 | |
2006 | + | “(b) Except as provided in subsection (c) of this section, whoever violates this section 1459 | |
2007 | + | shall upon conviction be fined no more than the amount set forth in section 101 of the Criminal 1460 | |
2008 | + | Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. 1461 | |
2009 | + | Official Code § 22-3571.01), or incarcerated for no more than 5 years, or both. 1462 | |
2010 | + | “(c) Whoever violates this section shall upon conviction be fined no more than the 1463 | |
2011 | + | amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, 1464 | |
2012 | + | effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for 1465 | |
2013 | + | no more than 10 years, or both, if: 1466 ENGROSSED ORIGINAL | |
2014 | + | ||
2015 | + | ||
2016 | + | ||
2017 | + | 79 | |
2018 | + | ||
2019 | + | ||
2020 | + | ||
2021 | + | “(1) The violation of this section occurs after a person has been convicted of a 1467 | |
2022 | + | felony, either in the District of Columbia or another jurisdiction; or 1468 | |
2023 | + | “(2) Five or more projectiles are discharged from a firearm within a single course 1469 | |
2024 | + | of conduct. 1470 | |
2025 | + | “(d) When arising from the same act or course of conduct, a conviction for an offense 1471 | |
2026 | + | under this section shall merge with a conviction: 1472 | |
2027 | + | “(1) Under section 3a; or 1473 | |
2028 | + | “(2) For another offense outside of this act that has, as an element in the offense 1474 | |
2029 | + | definition or in the applicable penalty enhancement, possessing or having readily available a 1475 | |
2030 | + | firearm, imitation firearm, or dangerous weapon. 1476 | |
2031 | + | “(e) No mental state shall be required as to any element under subsection (a)(2)(B) of this 1477 | |
2032 | + | section. 1478 | |
2033 | + | “(f) It shall be a defense to liability under this section that the person discharged a firearm 1479 | |
2034 | + | under circumstances constituting lawful self-defense or defense of others. 1480 | |
2035 | + | “Sec. 3d. Unlawful discarding of firearms and ammunition. 1481 | |
2036 | + | “(a) It shall be unlawful for any person to knowingly discard, throw, or deposit any 1482 | |
2037 | + | loaded or unloaded firearm or ammunition in a place other than the person’s dwelling place, 1483 | |
2038 | + | place of business, or on other land possessed by the person. 1484 | |
2039 | + | “(b) Subsection (a) of this section shall not apply where a person: 1485 ENGROSSED ORIGINAL | |
2040 | + | ||
2041 | + | ||
2042 | + | ||
2043 | + | 80 | |
2044 | + | ||
2045 | + | ||
2046 | + | ||
2047 | + | “(1) Throws, discards, or deposits any firearm or ammunition in a securely locked 1486 | |
2048 | + | box or secured container; 1487 | |
2049 | + | “(2) Is expressly directed by a law enforcement officer to throw, discard, or 1488 | |
2050 | + | deposit any firearm or ammunition, and does so in the manner directed by the officer, and not 1489 | |
2051 | + | while fleeing or attempting to elude any law enforcement officer; 1490 | |
2052 | + | “(3) Throws, discards, or deposits any firearm or ammunition while participating 1491 | |
2053 | + | in a lawful firearms training and safety class conducted by an arms instructor; or 1492 | |
2054 | + | “(4) Who is a licensee, as that term is defined in section 901(5) of the Firearms 1493 | |
2055 | + | Control Regulations Act of 1975, effective June 16, 2015 (D.C. Law 20-279, D.C. Official Code 1494 | |
2056 | + | § 7-2509.01(5)), and is in compliance with the provisions of Title IX of the Firearms Control 1495 | |
2057 | + | Regulations Act of 1975, effective June 16, 2015 (D.C. Law 20-279, D.C. Official Code § 7-1496 | |
2058 | + | 2509.01 et seq.). 1497 | |
2059 | + | “(c) It shall be an affirmative defense, which shall be proven by a preponderance of the 1498 | |
2060 | + | evidence, that the person threw, discarded, or deposited the firearm or ammunition while, in fact, 1499 | |
2061 | + | voluntarily surrendering the item pursuant to section 705 of the Firearms Control Regulations 1500 | |
2062 | + | Act of 1975, effective September 24, 1976 (D.C. Law 1-85, D.C. Official Code § 7-2507.05) or 1501 | |
2063 | + | as expressly provided by District or federal law. 1502 | |
2064 | + | “(d)(1) Except as provided in paragraph (2) of this subsection, a person who violates this 1503 | |
2065 | + | section shall be fined no more than the amount set forth in section 101 of the Criminal Fine 1504 ENGROSSED ORIGINAL | |
2066 | + | ||
2067 | + | ||
2068 | + | ||
2069 | + | 81 | |
2070 | + | ||
2071 | + | ||
2072 | + | ||
2073 | + | Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. 1505 | |
2074 | + | Official Code § 22-3571.01), or incarcerated for no more than 5 years, or both. 1506 | |
2075 | + | “(2) If the violation of this section occurs after a person has been convicted of a 1507 | |
2076 | + | felony, either in the District of Columbia or another jurisdiction, the person shall be fined no 1508 | |
2077 | + | more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment 1509 | |
2078 | + | Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or 1510 | |
2079 | + | incarcerated for no more than 10 years, or both.”. 1511 | |
2080 | + | (e) Section 14 (D.C. Official Code § 22-4514) is amended as follows: 1512 | |
2081 | + | (1) Subsection (a) is amended by striking the phrase “any machine gun,” and 1513 | |
2082 | + | inserting the phrase “any item that is, in fact, a machine gun,” in its place. 1514 | |
2083 | + | (2) Subsection (c) is amended to read as follows: 1515 | |
2084 | + | “(c) Whoever violates this section shall be punished as provided in section 15 unless: 1516 | |
2085 | + | “(1) The violation involves possession of a machine gun, sawed-off shotgun, or 1517 | |
2086 | + | ghost gun, in which case such person shall be fined no more than the amount set forth in section 1518 | |
2087 | + | 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. 1519 | |
2088 | + | Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more than 5 years, or 1520 | |
2089 | + | both; 1521 | |
2090 | + | “(2) The violation involves possession of a machine gun, in which case such 1522 | |
2091 | + | person shall be fined no more than the amount set forth in section 101 of the Criminal Fine 1523 ENGROSSED ORIGINAL | |
2092 | + | ||
2093 | + | ||
2094 | + | ||
2095 | + | 82 | |
2096 | + | ||
2097 | + | ||
2098 | + | ||
2099 | + | Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. 1524 | |
2100 | + | Official Code § 22-3571.01), or incarcerated for no more than 5 years, which shall be imposed 1525 | |
2101 | + | consecutive to any other sentence of imprisonment, or both; or 1526 | |
2102 | + | “(3) The violation occurs after such person has been convicted in the District of 1527 | |
2103 | + | Columbia of a violation of this section, or of a felony, either in the District of Columbia or in 1528 | |
2104 | + | another jurisdiction, in which case such person shall be fined no more than the amount set forth 1529 | |
2105 | + | in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 1530 | |
2106 | + | 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more than 10 1531 | |
2107 | + | years, or both.”. 1532 | |
2108 | + | (3) Subsection (d) is repealed. 1533 | |
2109 | + | Sec. 30. Title 23 of the District of Columbia Official Code is amended as follows: 1534 | |
2110 | + | (a) Section 23-113(a) is amended by adding a new paragraph (1A) to read as follows: 1535 | |
2111 | + | “(1A) Any offense that is properly joinable with any of the crimes listed in 1536 | |
2112 | + | paragraph (1) of this subsection is barred if not commenced within 15 years after it is 1537 | |
2113 | + | committed.”. 1538 | |
2114 | + | (b) Section 23-563(b) is amended to read as follows: 1539 | |
2115 | + | “(b)(1) A warrant or summons issued by the Superior Court of the District of Columbia 1540 | |
2116 | + | for an offense punishable by imprisonment for not more than one year, or by a fine only, or by 1541 | |
2117 | + | such imprisonment and a fine: 1542 ENGROSSED ORIGINAL | |
2118 | + | ||
2119 | + | ||
2120 | + | ||
2121 | + | 83 | |
2122 | + | ||
2123 | + | ||
2124 | + | ||
2125 | + | “(A)(i) May be served in any place in the District of Columbia; or 1543 | |
2126 | + | “(ii) May be served at any place within the jurisdiction of the 1544 | |
2127 | + | United States, if a judicial officer of the Superior Court of the District of Columbia finds that 1545 | |
2128 | + | good cause exists for the warrant or summons to be served at any place within the jurisdiction of 1546 | |
2129 | + | the United States; and 1547 | |
2130 | + | “(B) May not be executed more than one year after the date of issuance. 1548 | |
2131 | + | “(2) Good cause for the warrant or summons to be served at any place within the 1549 | |
2132 | + | jurisdiction of the United States is presumed where the warrant or summons is for an intrafamily 1550 | |
2133 | + | offense, as that term is defined in § 16-1001(8), or where the warrant or summons is for an 1551 | |
2134 | + | offense under Chapter 30 of Title 22 of the District of Columbia Official Code.”. 1552 | |
2135 | + | (c) Section 23-581 is amended as follows: 1553 | |
2136 | + | (1) Subsection (a)(3) is amended as follows: 1554 | |
2137 | + | (A) Strike the phrase “Fleeing from the scene of an accident” and insert 1555 | |
2138 | + | the phrase “Leaving after colliding” in its place. 1556 | |
2139 | + | (B) Strike the phrase “section 10(a) (D.C. Official Code § 50-2201.05(a))” 1557 | |
2140 | + | and insert the phrase “section 10c (D.C. Official Code § 50-2201.05c)” in its place. 1558 | |
2141 | + | (2) Subsection (a-3) is amended by striking the phrase “sections 22-3112.1 and 1559 | |
2142 | + | 22-3112.2” and inserting the phrase “§§ 22-3312.01, 22-3312.02, and 22-3312.03” in its place. 1560 | |
2143 | + | (d) Section 23-1303(d) is amended to read as follows: 1561 ENGROSSED ORIGINAL | |
2144 | + | ||
2145 | + | ||
2146 | + | ||
2147 | + | 84 | |
2148 | + | ||
2149 | + | ||
2150 | + | ||
2151 | + | “(d) Any information contained in the agency’s files, presented in its report, or divulged 1562 | |
2152 | + | during the course of any hearing shall not be admissible on the issue of guilt in any judicial 1563 | |
2153 | + | proceeding, but such information may be used in proceedings under §§ 23-1327, 23-1328, and 1564 | |
2154 | + | 23-1329, in perjury proceedings, and for the purposes of impeachment in any subsequent 1565 | |
2155 | + | proceeding. Any information obtained from a device, as that term is defined in § 22-1211(a)(2), 1566 | |
2156 | + | may be used on the issue of guilt in any judicial proceeding.”. 1567 | |
2157 | + | (e) Section 23-1321 is amended by adding a new subsection (e) to read as follows: 1568 | |
2158 | + | (1) Subsection (b) is amended by striking the phrase “period of release, unless” 1569 | |
2159 | + | and inserting the phrase “period of release, and subject to the condition that the person cooperate 1570 | |
2160 | + | in the collection of a DNA sample from the person if the collection of such a sample is 1571 | |
2161 | + | authorized pursuant to Chapter 41B of Title 22 of the District of Columbia Official Code, unless” 1572 | |
2162 | + | in its place. 1573 | |
2163 | + | (2) Subsection (c)(1)(A) is amended by striking the phrase “period of release;” 1574 | |
2164 | + | and inserting the phrase “period of release and that the person cooperate in the collection of a 1575 | |
2165 | + | DNA sample from the person if the collection of such a sample is authorized pursuant to Chapter 1576 | |
2166 | + | 41B of Title 22 of the District of Columbia Official Code;” in its place. €€ 1577 | |
2167 | + | “(e)(1) The Metropolitan Police Department may request a supervisory agency to provide 1578 | |
2168 | + | the Metropolitan Police Department with location and identification data collected from any 1579 | |
2169 | + | detection device that a person is required to wear while incarcerated or committed, while subject 1580 ENGROSSED ORIGINAL | |
2170 | + | ||
2171 | + | ||
2172 | + | ||
2173 | + | 85 | |
2174 | + | ||
2175 | + | ||
2176 | + | ||
2177 | + | to a protection order, or while on pretrial release, presentence release, predisposition release, 1581 | |
2178 | + | supervised release, probation, or parole that is deemed by the Chief of Police as necessary in 1582 | |
2179 | + | conducting a criminal law enforcement investigation. The Department of Youth Rehabilitation 1583 | |
2180 | + | Services shall comply with any request under this subsection. 1584 | |
2181 | + | “(2) For the purposes of this subsection, the term: 1585 | |
2182 | + | “(A) “Device” shall have the same meaning as in section 103(a)(2) of the 1586 | |
2183 | + | Omnibus Public Safety and Justice Amendment Act of 2009, effective December 10, 2009 (D.C. 1587 | |
2184 | + | Law 18-88; D.C. Official Code § 22-1211(a)(2)). 1588 | |
2185 | + | “(B) “Supervisory agencies” means the following agencies: 1589 | |
2186 | + | “(i) The Court Services and Offender Supervision Agency of the District 1590 | |
2187 | + | of Columbia; 1591 | |
2188 | + | “(ii) The Department of Youth Rehabilitation Services; 1592 | |
2189 | + | “(iii) The Superior Court of the District of Columbia’s Family Court 1593 | |
2190 | + | Social Services Division; and 1594 | |
2191 | + | “(iv) The Pretrial Services Agency for the District of Columbia.”. 1595 | |
2192 | + | (f) Section 23-1322 is amended as follows: 1596 | |
2193 | + | (1) Subsection (c) is amended as follows: 1597 | |
2194 | + | (A) The lead-in language is amended to read as follows: 1598 | |
2195 | + | “(c) Subject to rebuttal by the person, it shall be presumed that no condition or 1599 ENGROSSED ORIGINAL | |
2196 | + | ||
2197 | + | ||
2198 | + | ||
2199 | + | 86 | |
2200 | + | ||
2201 | + | ||
2202 | + | ||
2203 | + | combination of conditions of release will reasonably assure the safety of any other person and 1600 | |
2204 | + | the community if the judicial officer finds that there is probable cause to believe that the 1601 | |
2205 | + | person:”. 1602 | |
2206 | + | (B) Paragraph (3) is amended by striking the phrase “or a crime of 1603 | |
2207 | + | violence, as these terms are defined” and inserting the phrase “, as that term is defined” in its 1604 | |
2208 | + | place. 1605 | |
2209 | + | (C) Paragraph (4) is amended by striking the phrase “crime or a crime of 1606 | |
2210 | + | violence” and inserting the word “crime” in its place. 1607 | |
2211 | + | (D) Paragraph (5) is amended by striking the phrase “crimes or crimes of 1608 | |
2212 | + | violence” and inserting the word “crimes” in its place. 1609 | |
2213 | + | (E) Paragraph (6) is repealed. 1610 | |
2214 | + | (F) Paragraph (7) is amended by striking the phrase “; or” and inserting a 1611 | |
2215 | + | semicolon in its place. 1612 | |
2216 | + | (G) Paragraph (8) is amended by striking the period and inserting the 1613 | |
2217 | + | phrase “; or” in its place. 1614 | |
2218 | + | (H) A new paragraph (9) is added to read as follows: 1615 | |
2219 | + | “(9) Committed a crime of violence, as that term is defined in § 23-1331(4).”. 1616 | |
2220 | + | (2) Subsection (f) is amended as follows: 1617 | |
2221 | + | (A) Paragraph (1) is amended by striking the phrase “; and” and inserting 1618 ENGROSSED ORIGINAL | |
2222 | + | ||
2223 | + | ||
2224 | + | ||
2225 | + | 87 | |
2226 | + | ||
2227 | + | ||
2228 | + | ||
2229 | + | a semicolon in its place. 1619 | |
2230 | + | (B) Paragraph (2)(C) is amended by striking the period and inserting the 1620 | |
2231 | + | phrase “; and” in its place. 1621 | |
2232 | + | (C) A new paragraph (3) is added to read as follows: 1622 | |
2233 | + | “(3) Beginning on September 1, 2024, where there is a rebuttable presumption of 1623 | |
2234 | + | detention pursuant to either subsection (c) of this section or § 23-1325(a), the judicial officer 1624 | |
2235 | + | shall include a written statement of the reasons for the release, setting forth the evidence that 1625 | |
2236 | + | supported the rebuttal of the presumption.”. 1626 | |
2237 | + | (3) Subsection (h)(1) is amended by striking the phrase “not to exceed 20 days 1627 | |
2238 | + | each” and inserting the phrase “not to exceed 45 days each” in its place. 1628 | |
2239 | + | (g) Section 23-1325(a) is amended as follows: 1629 | |
2240 | + | (1) Strike the phrase “a substantial probability” and insert the phrase “probable 1630 | |
2241 | + | cause” in its place. 1631 | |
2242 | + | (2) Strike the phrase “or imitation firearm,” and insert the phrase “imitation 1632 | |
2243 | + | firearm, or other deadly or dangerous weapon,” in its place. 1633 | |
2244 | + | (h) Section 23-1331 is amended as follows: 1634 | |
2245 | + | (1) Paragraph (3)(H) is amended to read as follows: 1635 | |
2246 | + | “(H) Any felony offense under Chapter 30 of Title 22 (Sexual Abuse);”. 1636 | |
2247 | + | (2) Paragraph (4) is amended by striking the phrase “third degrees;” and inserting 1637 ENGROSSED ORIGINAL | |
2248 | + | ||
2249 | + | ||
2250 | + | ||
2251 | + | 88 | |
2252 | + | ||
2253 | + | ||
2254 | + | ||
2255 | + | the phrase “third degrees; misdemeanor sexual abuse pursuant to § 22-3006(b); misdemeanor 1638 | |
2256 | + | sexual abuse of a child or minor pursuant to § 22-3010.01(a-1); strangulation;” in its place. 1639 | |
2257 | + | (i) Section 23-1903(d) is amended as follows: 1640 | |
2258 | + | (1) Strike the phrase “child is called to give testimony” and insert the phrase 1641 | |
2259 | + | “child is a victim or is called to give testimony” in its place. 1642 | |
2260 | + | (2) Strike the phrase “granting a continuance in cases involving a child witness” 1643 | |
2261 | + | and insert the phrase “granting a continuance in cases involving a child victim or child witness” 1644 | |
2262 | + | in its place. 1645 | |
2263 | + | (j) Section 23-1912(a) is amended by striking the phrase “subject to a custodial arrest” 1646 | |
2264 | + | and inserting the phrase “subject to a subsequent custodial arrest” in its place. 1647 | |
2265 | + | (k) Subsections (f), (g), and (h) of this section shall expire 225 days after the effective 1648 | |
2266 | + | date of the Secure DC Omnibus Amendment Act of 2024, passed on 1st reading on February 6, 1649 | |
2267 | + | 2024 (Engrossed version of Bill 25-345). 1650 | |
2268 | + | Sec. 31. Section 11233 of the National Capital Revitalization and Self-Government 1651 | |
2269 | + | Improvement Act of 1997, approved August 5, 1997 (111 Stat. 748; D.C. Official Code § 24-1652 | |
2270 | + | 133), is amended as follows: 1653 | |
2271 | + | (a) Subsection (b)(2)(F) is amended to read as follows: 1654 ENGROSSED ORIGINAL | |
2272 | + | ||
2273 | + | ||
2274 | + | ||
2275 | + | 89 | |
2276 | + | ||
2277 | + | ||
2278 | + | ||
2279 | + | “(F) Develop and implement intermediate sanctions and incentives for 1655 | |
2280 | + | sentenced offenders that officers may use in response to violations of, or compliance with, the 1656 | |
2281 | + | conditions of release;”. 1657 | |
2282 | + | (b) Subsection (c) is amended as follows: 1658 | |
2283 | + | (1) Paragraph (2) is amended as follows: 1659 | |
2284 | + | (A) Subparagraph (A) is amended by striking the phrase “; and” and 1660 | |
2285 | + | inserting a semicolon in its place. 1661 | |
2286 | + | (B) Subparagraph (B) is amended by striking the period and inserting the 1662 | |
2287 | + | phrase “; and” in its place. 1663 | |
2288 | + | (C) A new subparagraph (C) is added to read as follows: 1664 | |
2289 | + | “(C) The Agency may impose intermediate sanctions and utilize 1665 | |
2290 | + | incentives for offenders who violate, or comply with, the conditions of supervised release; 1666 | |
2291 | + | provided, that the Director shall notify the Commission of the use of any intermediate sanctions 1667 | |
2292 | + | on the same day in which the sanction is imposed.”. 1668 | |
2293 | + | (2) Paragraph (3) is amended to read as follows: 1669 | |
2294 | + | “(3) Supervision of probationers. — Subject to appropriations and program 1670 | |
2295 | + | availability, the Agency shall supervise all offenders placed on probation by the Superior Court 1671 | |
2296 | + | of the District of Columbia. The Agency shall carry out the conditions of release imposed by the 1672 | |
2297 | + | Superior Court (including conditions that probationers undergo training, education, therapy, 1673 ENGROSSED ORIGINAL | |
2298 | + | ||
2299 | + | ||
2300 | + | ||
2301 | + | 90 | |
2302 | + | ||
2303 | + | ||
2304 | + | ||
2305 | + | counseling, drug testing, or drug treatment), impose or implement intermediate sanctions and 1674 | |
2306 | + | utilize incentives for violations of, or compliance with, the conditions of release, and shall make 1675 | |
2307 | + | such reports to the Superior Court with respect to an individual on probation as the Superior 1676 | |
2308 | + | Court may require.”. 1677 | |
2309 | + | (3) Paragraph (4) is amended to read as follows: 1678 | |
2310 | + | “(4) Supervision of District of Columbia parolees. — The Agency shall supervise 1679 | |
2311 | + | all individuals on parole pursuant to the District of Columbia Official Code. The Agency shall 1680 | |
2312 | + | carry out the conditions of release imposed by the United States Parole Commission or, with 1681 | |
2313 | + | respect to a misdemeanant, by the Superior Court of the District of Columbia, impose or 1682 | |
2314 | + | implement intermediate sanctions and utilize incentives for violations of, or compliance with, the 1683 | |
2315 | + | conditions of release, and shall make such reports to the Commission or Court with respect to an 1684 | |
2316 | + | individual on parole supervision as the Commission or Court may require.”. 1685 | |
2317 | + | (c) Subsection (d) is amended to read as follows: 1686 | |
2318 | + | “(d) Authority of officers. — The supervision officers of the Agency shall have and 1687 | |
2319 | + | exercise the same powers and authority as are granted by law to United States Probation and 1688 | |
2320 | + | Pretrial Officers; except that, officers shall have the authority to impose or implement 1689 | |
2321 | + | intermediate sanctions and utilize incentives for violations of, or compliance with, the conditions 1690 | |
2322 | + | of release.”. 1691 | |
2323 | + | (d) A new subsection (h) is added to read as follows: 1692 ENGROSSED ORIGINAL | |
2324 | + | ||
2325 | + | ||
2326 | + | ||
2327 | + | 91 | |
2328 | + | ||
2329 | + | ||
2330 | + | ||
2331 | + | “(h) For purposes of this section, the term: 1693 | |
2332 | + | “(1) “Incentives” means individualized, goal-oriented, and graduated responses to 1694 | |
2333 | + | a sentenced offender’s compliance with the conditions of release designed to reinforce or modify 1695 | |
2334 | + | the skills and behaviors of the offender. 1696 | |
2335 | + | “(2) “Intermediate sanctions” means individualized, graduated punishment 1697 | |
2336 | + | options and sanctions, other than incarceration, imposed in response to a sentenced offender’s 1698 | |
2337 | + | violation of the conditions of release, including: 1699 | |
2338 | + | “(A) Electronic monitoring, including GPS monitoring; 1700 | |
2339 | + | “(B) Drug and alcohol testing; 1701 | |
2340 | + | “(C) Reporting requirements to probation officers; 1702 | |
2341 | + | “(D) Rehabilitative interventions such as substance abuse and mental 1703 | |
2342 | + | health treatment; and 1704 | |
2343 | + | “(E) Community service.”. 1705 | |
2344 | + | Sec. 32. An Act to create a Department of Corrections in the District of Columbia, 1706 | |
2345 | + | approved June 27, 1946 (60 Stat. 320; D.C. Official Code § 24-211.01 et seq.), is amended by 1707 | |
2346 | + | adding a new section 9 to read as follows: 1708 | |
2347 | + | “Sec. 9. Healthy food at correctional facilities. 1709 | |
2348 | + | “(a) For the purposes of this section, the term: 1710 ENGROSSED ORIGINAL | |
2349 | + | ||
2350 | + | ||
2351 | + | ||
2352 | + | 92 | |
2353 | + | ||
2354 | + | ||
2355 | + | ||
2356 | + | “(1) “Correctional facilities” means the Central Detention Facility, Correctional 1711 | |
2357 | + | Treatment Facility, Central Cell Block, and any other facilities operated by or contracted on 1712 | |
2358 | + | behalf of the Department of Corrections to house incarcerated individuals. 1713 | |
2359 | + | “(2) “Director” means the Director of the Department of Corrections. 1714 | |
2360 | + | “(3) “DOC” means the Department of Corrections. 1715 | |
2361 | + | “(4) “DOC residents” means individuals who are incarcerated in the Central 1716 | |
2362 | + | Detention Facility, Correctional Treatment Facility, and any other facilities operated by the 1717 | |
2363 | + | Department of Corrections to house incarcerated individuals. 1718 | |
2364 | + | “(b)(1) Within 6 months after the applicability date of section 32 of the Secure DC 1719 | |
2365 | + | Omnibus Amendment Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed 1720 | |
2366 | + | version of Bill 25-345), DOC shall establish and publish on its website nutrition standards for all 1721 | |
2367 | + | meals served in DOC facilities. 1722 | |
2368 | + | “(2) The nutrition standards required by paragraph (1) of this subsection shall 1723 | |
2369 | + | meet or exceed the most recent edition of the U.S. Department of Agriculture and U.S. 1724 | |
2370 | + | Department of Health and Human Services Dietary Guidelines for Americans U.S. Department 1725 | |
2371 | + | of Agriculture and U.S. Department of Health and Human Services Dietary Guidelines for 1726 | |
2372 | + | Americans, established pursuant to the National Nutrition Monitoring and Related Research Act 1727 | |
2373 | + | of 1990, approved October 22, 1990 (104 Stat. 1034; 7 U.S.C. § 5301 et seq.), including at least: 1728 ENGROSSED ORIGINAL | |
2374 | + | ||
2375 | + | ||
2376 | + | ||
2377 | + | 93 | |
2378 | + | ||
2379 | + | ||
2380 | + | ||
2381 | + | “(A) Two servings of dark green vegetables per day, at least one of which 1729 | |
2382 | + | is served raw; 1730 | |
2383 | + | “(B) Two servings of additional colored vegetables per day, at least one of 1731 | |
2384 | + | which is served raw; 1732 | |
2385 | + | “(C) Two servings of raw fruit per day; and 1733 | |
2386 | + | “(D) Five ounces of protein rich foods, including meat, poultry, eggs, fish, 1734 | |
2387 | + | nuts, seeds, or tofu, per day. 1735 | |
2388 | + | “(3) The nutrition standards required by paragraph (1) of this subsection shall be 1736 | |
2389 | + | updated every 5 years and posted on the DOC website. 1737 | |
2390 | + | “(4) All meals served in DOC facilities shall meet or exceed the nutrition 1738 | |
2391 | + | standards established pursuant to paragraph (1) of this subsection. 1739 | |
2392 | + | “(5) Correctional facilities shall serve a plant-based, kosher, halal, or medically-1740 | |
2393 | + | necessary or -recommended food option as the main course to DOC residents who request such a 1741 | |
2394 | + | diet for medical, health, religious, or ethical reasons. Meals provided pursuant to this paragraph 1742 | |
2395 | + | shall be consistent with nutrition guidelines established under this section. 1743 | |
2396 | + | “(c) DOC shall make the following reports available to the public by publishing on the 1744 | |
2397 | + | DOC webpage within 30 days after receipt from the reporting agency or individual: 1745 | |
2398 | + | “(1) Quarterly inspection of food service operations compliance conducted by the 1746 | |
2399 | + | Food Safety Branch of the Department of Health, or similar equivalent report; 1747 ENGROSSED ORIGINAL | |
2400 | + | ||
2401 | + | ||
2402 | + | ||
2403 | + | 94 | |
2404 | + | ||
2405 | + | ||
2406 | + | ||
2407 | + | “(2) Monthly inspection of environmental safety and sanitation of the culinary 1748 | |
2408 | + | unit conducted by the Safety Officer of the DOC, or similar equivalent report; and 1749 | |
2409 | + | “(3) Quarterly inspection of food service operations conducted by the Food 1750 | |
2410 | + | Services Contract Monitor of the DOC, or similar equivalent report. 1751 | |
2411 | + | “(d)(1) Within 8 months after the applicability date of section 32 of the Secure DC 1752 | |
2412 | + | Omnibus Amendment Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed 1753 | |
2413 | + | version of Bill 25-345), the Mayor shall establish an expanded hospitality and culinary arts 1754 | |
2414 | + | training program (“Program”) for DOC residents in partnership with existing hospitality and 1755 | |
2415 | + | culinary arts career training and education programs operating in the District. 1756 | |
2416 | + | “(2) The Program shall: 1757 | |
2417 | + | “(A) Provide hospitality career and culinary arts training and education 1758 | |
2418 | + | opportunities for DOC residents serving the workforce development needs of both DOC 1759 | |
2419 | + | residents and the local hospitality economy, including training for hospitality positions at hotels 1760 | |
2420 | + | and events, sporting events, restaurant technology, food handling, kitchen training, and hands-on 1761 | |
2421 | + | curriculum in culinary arts; 1762 | |
2422 | + | “(B) Connect participants to community-based reentry focused providers 1763 | |
2423 | + | at least 90 days before release from DOC facilities; 1764 | |
2424 | + | “(C) Develop individualized reentry plans for each participant that will be 1765 | |
2425 | + | shared with DOC community-based reentry focused providers to be continued after the 1766 ENGROSSED ORIGINAL | |
2426 | + | ||
2427 | + | ||
2428 | + | ||
2429 | + | 95 | |
2430 | + | ||
2431 | + | ||
2432 | + | ||
2433 | + | participant’s release; 1767 | |
2434 | + | “(D) Establish a pipeline into hospitality careers by identifying employer 1768 | |
2435 | + | partners to assist with apprenticeship or job placement for Program participants before release 1769 | |
2436 | + | from DOC facilities; 1770 | |
2437 | + | “(E) Connect participants with wraparound services, including life skills 1771 | |
2438 | + | training, employment coaching, peer support, housing, and healthcare, which shall be identified 1772 | |
2439 | + | and provided upon completion of the Program; and 1773 | |
2440 | + | “(F) Successfully complete at least 4 cohorts consisting of at least 20 1774 | |
2441 | + | participants per year. 1775 | |
2442 | + | “(e) As part of hands-on training, participants in the Program shall participate in the 1776 | |
2443 | + | preparing and serving of meals consistent with the nutritional standards established pursuant to 1777 | |
2444 | + | this section to the general population and officer dining rooms.”. 1778 | |
2445 | + | Sec. 33. The Youth Rehabilitation Amendment Act of 1985, effective December 7, 1985 1779 | |
2446 | + | (D.C. Law 6-69; D.C. Official Code § 24-901 et seq.), is amended by adding a new section 7c to 1780 | |
2447 | + | read as follows: 1781 | |
2448 | + | “Sec. 7c. Establishment of the Director of Emerging Adult Services. 1782 | |
2449 | + | “(a) There is established the position of Director of Emerging Adult Services (“Director”) 1783 | |
2450 | + | within the Office of the City Administrator. The primary role of the Director shall be to 1784 ENGROSSED ORIGINAL | |
2451 | + | ||
2452 | + | ||
2453 | + | ||
2454 | + | 96 | |
2455 | + | ||
2456 | + | ||
2457 | + | ||
2458 | + | coordinate and lead the overall implementation of this act and citywide efforts to meet the unique 1785 | |
2459 | + | needs of emerging adults in the District. 1786 | |
2460 | + | “(b) The Director shall: 1787 | |
2461 | + | “(1) Within one year after the applicability date of section 33 of the Secure DC 1788 | |
2462 | + | Omnibus Amendment Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed 1789 | |
2463 | + | version of Bill 25-345), develop a comprehensive strategic plan (“strategic plan”) to meet the 1790 | |
2464 | + | unique needs of emerging adults and assess the implementation of this act in the District, which 1791 | |
2465 | + | shall be submitted to the Mayor and Council, updated every 4 years, and include the following: 1792 | |
2466 | + | “(A) An assessment of: 1793 | |
2467 | + | “(i) The educational, workforce development, housing, behavioral 1794 | |
2468 | + | and physical health care, and family needs of emerging adults and youth offenders before 1795 | |
2469 | + | commitment, while in District or federal care or custody, and upon re-entry; 1796 | |
2470 | + | “(ii) Diversion programs for persons at risk of becoming youth 1797 | |
2471 | + | offenders; and 1798 | |
2472 | + | “(iii) The availability of a continuum of developmentally 1799 | |
2473 | + | appropriate, community-based services for youth offenders before commitment, while in District 1800 | |
2474 | + | care or custody, and upon reentry; 1801 ENGROSSED ORIGINAL | |
2475 | + | ||
2476 | + | ||
2477 | + | ||
2478 | + | 97 | |
2479 | + | ||
2480 | + | ||
2481 | + | ||
2482 | + | “(B) Strategies and a plan to: 1802 | |
2483 | + | “(i) Involve emerging adults in community decision-making 1803 | |
2484 | + | processes; 1804 | |
2485 | + | “(ii) Engage and support LGBTQ and other marginalized emerging 1805 | |
2486 | + | adults; 1806 | |
2487 | + | “(iii) Expand alternatives to incarceration for emerging adults 1807 | |
2488 | + | involved in the criminal justice system; 1808 | |
2489 | + | “(iv) Ensure effective treatment and services focused on 1809 | |
2490 | + | rehabilitation and preventing recidivism; and 1810 | |
2491 | + | “(v) Foster collaboration among government agencies, community-1811 | |
2492 | + | based organizations, and families to support emerging adults; and 1812 | |
2493 | + | “(C) An outreach plan by the District to committed youth offenders and 1813 | |
2494 | + | their families in District or federal care or custody to identify needs for services and plan for 1814 | |
2495 | + | reentry; 1815 | |
2496 | + | “(2) Consult community-based organizations providing services and supports that 1816 | |
2497 | + | are developmentally appropriate, trauma-informed, healing-centered, and restorative to inform 1817 | |
2498 | + | the strategic plan; 1818 | |
2499 | + | “(3) Oversee the implementation of the strategic plan and ensure alignment with 1819 | |
2500 | + | the goals and objectives of this act; 1820 ENGROSSED ORIGINAL | |
2501 | + | ||
2502 | + | ||
2503 | + | ||
2504 | + | 98 | |
2505 | + | ||
2506 | + | ||
2507 | + | ||
2508 | + | “(4) Coordinate inter-agency services, programs, and initiatives to meet the 1821 | |
2509 | + | diverse needs of emerging adults in the District; 1822 | |
2510 | + | “(5) Collaborate with public safety, criminal justice, and youth services agencies, 1823 | |
2511 | + | including the Office of Neighborhood Safety and Engagement, Office of Gun Violence 1824 | |
2512 | + | Prevention, Office of the Attorney General, Department of Youth Rehabilitation Services, 1825 | |
2513 | + | Department of Corrections, Department of Human Services, Department of Parks and 1826 | |
2514 | + | Recreation, Office of the State Superintendent of Education, District of Columbia Public 1827 | |
2515 | + | Schools, United States Attorney’s Office for the District of Columbia, and CSOSA, to enhance 1828 | |
2516 | + | services for emerging adults; 1829 | |
2517 | + | “(6) Engage with the community, emerging adults, and youth offenders to gather 1830 | |
2518 | + | feedback, assess needs, and promote transparency and inclusivity in decision-making; and 1831 | |
2519 | + | “(7) Publish a data table on a publicly accessible website that protects any PII 1832 | |
2520 | + | from disclosure and displays the total number of emerging adults, the services and programming 1833 | |
2521 | + | used by emerging adults, and the outcomes of the services and programming. 1834 | |
2522 | + | “(c) Within 6 months after the applicability date of section 33 of the Secure DC Omnibus 1835 | |
2523 | + | Amendment Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed version of Bill 1836 | |
2524 | + | 25-345), the Director shall submit an initial report to the Mayor and Council that includes: 1837 | |
2525 | + | “(1) Proposed performance metrics and associated data to measure the progress of 1838 | |
2526 | + | the strategic plan and the implementation of this act; 1839 ENGROSSED ORIGINAL | |
2527 | + | ||
2528 | + | ||
2529 | + | ||
2530 | + | 99 | |
2531 | + | ||
2532 | + | ||
2533 | + | ||
2534 | + | “(2) Protocols for reporting and frequency of reporting, including how the 1840 | |
2535 | + | Director will collect data from District and federal agencies; 1841 | |
2536 | + | “(3) Strategies for engaging agencies, as provided in subsection (b)(5) of this 1842 | |
2537 | + | section, on a coordinated effort to support emerging adults; and 1843 | |
2538 | + | “(4) Outreach plans for engaging with the community and involving emerging 1844 | |
2539 | + | adults and their families in the decision-making processes. 1845 | |
2540 | + | “(d) Within 3 years after the applicability date of section 33 of the Secure DC Omnibus 1846 | |
2541 | + | Amendment Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed version of Bill 1847 | |
2542 | + | 25-345), and every 2 years thereafter, the Director shall submit an interim report to the Mayor 1848 | |
2543 | + | and Council that includes, at the minimum: 1849 | |
2544 | + | “(1) The state of emerging adults in the District and the challenges that they are 1850 | |
2545 | + | experiencing; 1851 | |
2546 | + | “(2) An analysis of the implementation of this act pursuant to the metrics 1852 | |
2547 | + | provided in subsection (c)(1) of this section; 1853 | |
2548 | + | “(3) Progress made in achieving the goals and objectives outlined in the strategic 1854 | |
2549 | + | plan pursuant to the metrics provided in subsection (c)(1) of this section; 1855 | |
2550 | + | “(4) A description of the Director’s coordination efforts and specific initiatives 1856 | |
2551 | + | with District agencies, community-based organizations, and the community undertaken during 1857 ENGROSSED ORIGINAL | |
2552 | + | ||
2553 | + | ||
2554 | + | ||
2555 | + | 100 | |
2556 | + | ||
2557 | + | ||
2558 | + | ||
2559 | + | the preceding 2 years to meet the unique needs of emerging adults and the implementation of this 1858 | |
2560 | + | act; 1859 | |
2561 | + | “(5) Challenges faced during the preceding 2 years and explanations for how each 1860 | |
2562 | + | challenge was resolved or why it is ongoing; 1861 | |
2563 | + | “(6) Budgetary requirements and programming needs necessary for the successful 1862 | |
2564 | + | execution of the strategic plan; and 1863 | |
2565 | + | “(7) Recommendations for future actions, policy changes, or resource allocations 1864 | |
2566 | + | based on the findings of the fiscal year. 1865 | |
2567 | + | “(e) There is established an Advisory Council to the Director of Emerging Adults 1866 | |
2568 | + | (“Advisory Council”) to guide and assist the Director in fulfilling the Director’s duties. 1867 | |
2569 | + | “(f) The Advisory Council shall: 1868 | |
2570 | + | “(1) Be part of the interview decision-making process for hiring the Director; 1869 | |
2571 | + | “(2) Provide expert guidance, recommendations, and feedback to the Director on 1870 | |
2572 | + | matters related to emerging adults’ needs and the implementation of this act; and 1871 | |
2573 | + | “(3) Meet with the Director on a quarterly basis. 1872 | |
2574 | + | “(g) The Advisory Council shall consist of the following 7 members: 1873 | |
2575 | + | “(1) Two emerging adults appointed by the Council; 1874 | |
2576 | + | “(2) One representative from the Criminal Justice Coordinating Council, 1875 | |
2577 | + | appointed by the Mayor; 1876 ENGROSSED ORIGINAL | |
2578 | + | ||
2579 | + | ||
2580 | + | ||
2581 | + | 101 | |
2582 | + | ||
2583 | + | ||
2584 | + | ||
2585 | + | “(3) One representative from the State Office of Career and Technical Education, 1877 | |
2586 | + | appointed by the Mayor; 1878 | |
2587 | + | “(4) One representative from the Department of Youth Rehabilitation Services, 1879 | |
2588 | + | appointed by the Mayor; 1880 | |
2589 | + | “(5) One representative from the Department of Human Services, appointed by 1881 | |
2590 | + | the Mayor; and 1882 | |
2591 | + | “(6) One representative, appointed by the Council, from a community-based 1883 | |
2592 | + | organization with experience providing: 1884 | |
2593 | + | “(A) Physical and behavioral health services to emerging adults; 1885 | |
2594 | + | “(B) Victim services for emerging adults; or 1886 | |
2595 | + | “(C) Juvenile and criminal justice system services for emerging adults. 1887 | |
2596 | + | “(h)(1) Initial appointments to the Advisory Council shall be made within 60 days after 1888 | |
2597 | + | the applicability date of section 33 of the Secure DC Omnibus Amendment Act of 2024, passed 1889 | |
2598 | + | on 1st reading on February 6, 2024 (Engrossed version of Bill 25-345). 1890 | |
2599 | + | “(2) The Mayor and Chairman of the Council shall each designate one co-chair 1891 | |
2600 | + | for the Advisory Council from among the members. 1892 | |
2601 | + | “(3) All Advisory Council members shall serve without compensation and may be 1893 | |
2602 | + | reappointed. 1894 ENGROSSED ORIGINAL | |
2603 | + | ||
2604 | + | ||
2605 | + | ||
2606 | + | 102 | |
2607 | + | ||
2608 | + | ||
2609 | + | ||
2610 | + | “(4) Members of the Advisory Council shall serve a 3-year term, or until a 1895 | |
2611 | + | successor has been appointed; except, that: 1896 | |
2612 | + | “(A) Of the Mayor’s initial appointments, two members shall be appointed 1897 | |
2613 | + | for a term of 3 years, one member shall be appointed for a term of 2 years, and one member shall 1898 | |
2614 | + | be appointed for a term of one year; and 1899 | |
2615 | + | “(B) Of the Council’s initial appointments, one member shall be appointed 1900 | |
2616 | + | for a term of 2 years, and one member shall be appointed for a term of one year. 1901 | |
2617 | + | “(i) Three Advisory Council members shall constitute a quorum. 1902 | |
2618 | + | “(j) For the purposes of this section, the term: 1903 | |
2619 | + | “(1) “Community-based organization” means a nonprofit organization that is 1904 | |
2620 | + | representative of the District or significant segments of the District and provides social, 1905 | |
2621 | + | educational, or related services to individuals in the community. 1906 | |
2622 | + | “(2) “Court” means the Superior Court of the District of Columbia. 1907 | |
2623 | + | “(3) “CSOSA” means the Court Services and Offender Supervision Agency. 1908 | |
2624 | + | “(4) “Emerging adult” means an individual between the ages of 18 through 24. 1909 | |
2625 | + | “(5) “LGBTQ” shall have the same meaning as provided in section 2(2) of the 1910 | |
2626 | + | Office of Gay, Lesbian, Bisexual, and Transgender Affairs Act of 2006, effective April 4, 2006 1911 | |
2627 | + | (D.C. Law 16-89; D.C. Official Code § 2-1381(2)). 1912 ENGROSSED ORIGINAL | |
2628 | + | ||
2629 | + | ||
2630 | + | ||
2631 | + | 103 | |
2632 | + | ||
2633 | + | ||
2634 | + | ||
2635 | + | “(6) “PII” shall have the same meaning as provided in section 2a(7) of the District 1913 | |
2636 | + | of Columbia Commission for Women Act of 1978, effective March 10, 2023 (D.C. Law 24-303; 1914 | |
2637 | + | D.C. Official Code § 3-701.01(7)).”. 1915 | |
2638 | + | Sec. 34. The lead-in language of section 28-5402 of the District of Columbia Official 1916 | |
2639 | + | Code is amended by striking the phrase “A retailer” and inserting the phrase “Beginning January 1917 | |
2640 | + | 1, 2025, a retailer” in its place. 1918 | |
2641 | + | Sec. 35. The Act to Regulate Public Conduct on Public Passenger Vehicles, effective 1919 | |
2642 | + | September 23, 1975 (D.C. Law 1-18; D.C. Official Code § 35-251 et seq.), is amended as 1920 | |
2643 | + | follows: 1921 | |
2644 | + | (a) Section 3 (D.C. Official Code § 35-252) is amended as follows: 1922 | |
2645 | + | (1) The existing text is designated as subsection (a). 1923 | |
2646 | + | (2) A new subsection (b) is added to read as follows: 1924 | |
2647 | + | “(b) A person who is stopped by an individual authorized to issue notices of infractions 1925 | |
2648 | + | under section 5(a)(3) for violating subsection (a) of this section shall, upon request, inform that 1926 | |
2649 | + | authorized individual of his or her true name and address for the purpose of including that 1927 | |
2650 | + | information on a notice of infraction; provided, that no person shall be required to possess or 1928 | |
2651 | + | display any documentary proof of his or her name or address in order to comply with the 1929 | |
2652 | + | requirements of this section.”. 1930 | |
2653 | + | (b) Section 5 (D.C. Official Code § 35-254) is amended as follows: 1931 ENGROSSED ORIGINAL | |
2654 | + | ||
2655 | + | ||
2656 | + | ||
2657 | + | 104 | |
2658 | + | ||
2659 | + | ||
2660 | + | ||
2661 | + | (1) Subsection (a)(1) is amended by striking the phrase “section 3” and inserting 1932 | |
2662 | + | the phrase “section 3(a)” in its place. 1933 | |
2663 | + | (2) Subsection (b) is amended by adding a new paragraph (1A) to read as follows: 1934 | |
2664 | + | “(1A) A person who refuses to provide his or her name and address, or who 1935 | |
2665 | + | knowingly provides an incorrect name or address, to an authorized individual in violation of 1936 | |
2666 | + | section 3(b) shall, upon conviction, be fined no more than $100.”. 1937 | |
2667 | + | Sec. 36. Section 4 of the Transit Operator Protection and Enhanced Penalty Amendment 1938 | |
2668 | + | Act of 2008, effective July 23, 2008 (D.C. Law 17-206; D.C. Official Code § 35-261), is 1939 | |
2669 | + | amended as follows: 1940 | |
2670 | + | (a) The section heading is amended to read as follows: 1941 | |
2671 | + | “Sec. 4. Notice of enhanced penalties for commission of offenses against transit 1942 | |
2672 | + | operators, Metrorail station managers, Metrorail station employees, and mass transit vehicle 1943 | |
2673 | + | passengers.”. 1944 | |
2674 | + | (b) Subsection (a)(1) is amended to read as follows: 1945 | |
2675 | + | “(1) The Washington Metropolitan Area Transit Authority shall post or otherwise provide 1946 | |
2676 | + | conspicuous notice of the enhanced penalties for the commission of certain offenses against 1947 | |
2677 | + | transit operators, Metrorail station managers, Metrorail station employees, and mass transit 1948 | |
2678 | + | vehicle passengers in the District of Columbia pursuant to section 2a of the Taxicab Drivers 1949 | |
2679 | + | Protection Act of 2000, effective July 23, 2008 (D.C. Law 17-206; D.C. Official Code § 22-1950 ENGROSSED ORIGINAL | |
2680 | + | ||
2681 | + | ||
2682 | + | ||
2683 | + | 105 | |
2684 | + | ||
2685 | + | ||
2686 | + | ||
2687 | + | 3751.01), on all Metrobus buses and Metrorail trains operating in the District of Columbia, and 1951 | |
2688 | + | at or near all Metrorail station kiosks within the District of Columbia.”. 1952 | |
2689 | + | Sec. 37. The Anti-Loitering/Drug Free Zone Act of 1996, effective June 3, 1997 (D.C. 1953 | |
2690 | + | Law 11-270; D.C. Official Code § 48-1001 et seq.), is revived as of the effective date of the 1954 | |
2691 | + | Secure DC Omnibus Amendment Act of 2024, passed on 1st reading on February 6, 2024 1955 | |
2692 | + | (Engrossed version of Bill 25-345), and amended to read as follows: 1956 | |
2693 | + | “Sec. 2. Definitions. 1957 | |
2694 | + | For the purposes of this act, the term: 1958 | |
2695 | + | “(1) “Chief of Police” means the Chief of the Metropolitan Police Department as 1959 | |
2696 | + | the designated agent of the Mayor. 1960 | |
2697 | + | “(2) “Controlled Substances Act” means the District of Columbia Uniform 1961 | |
2698 | + | Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official 1962 | |
2699 | + | Code § 48-901.01 et seq.). 1963 | |
2700 | + | “(3) “Disperse” means to depart from the designated drug free zone and not to 1964 | |
2701 | + | recongregate within the drug free zone with anyone from the group ordered to depart for the 1965 | |
2702 | + | purpose of committing an offense under Title IV of the Controlled Substances Act for the 1966 | |
2703 | + | duration of the zone. 1967 | |
2704 | + | “(4) “Drug free zone” means public space on public property in an area not to 1968 | |
2705 | + | exceed a square of 1,000 feet on each side that is established pursuant to section 3. 1969 ENGROSSED ORIGINAL | |
2706 | + | ||
2707 | + | ||
2708 | + | ||
2709 | + | 106 | |
2710 | + | ||
2711 | + | ||
2712 | + | ||
2713 | + | “(5) “Illegal drug” means the same as the term “controlled substance” in section 1970 | |
2714 | + | 102(4) of the Controlled Substances Act. 1971 | |
2715 | + | “(6) “Known unlawful drug user, possessor, or seller” means a person who has, 1972 | |
2716 | + | within the knowledge of the arresting officer, been convicted in any court of any violation 1973 | |
2717 | + | involving the use, possession, or distribution of any of the substances referred to in Title IV of 1974 | |
2718 | + | the Controlled Substances Act. 1975 | |
2719 | + | “(7) “Police Department” means the Metropolitan Police Department. 1976 | |
2720 | + | “Sec. 3. Procedure for establishing a drug free zone. 1977 | |
2721 | + | “(a) The Chief of Police may declare any public area a drug free zone for a period not to 1978 | |
2722 | + | exceed 120 consecutive hours. 1979 | |
2723 | + | “(b) In determining whether to designate a drug free zone, the Chief of Police shall 1980 | |
2724 | + | consider the following: 1981 | |
2725 | + | “(1) Within the preceding 6-month period, the occurrence of a disproportionately 1982 | |
2726 | + | high number of: 1983 | |
2727 | + | “(A) Arrests for the possession or distribution of illegal drugs in the 1984 | |
2728 | + | proposed drug free zone; 1985 | |
2729 | + | “(B) Police reports for dangerous crimes, as that term is defined in D.C. 1986 | |
2730 | + | Official Code § 23-1331(3), that were committed in the proposed drug free zone; or 1987 | |
2731 | + | “(C) Police reports for crimes of violence, as that term is defined in D.C. 1988 ENGROSSED ORIGINAL | |
2732 | + | ||
2733 | + | ||
2734 | + | ||
2735 | + | 107 | |
2736 | + | ||
2737 | + | ||
2738 | + | ||
2739 | + | Official Code § 23-1331(4), that were committed in the proposed drug free zone; 1989 | |
2740 | + | “(2) Any number of homicides that were committed in the proposed drug free 1990 | |
2741 | + | zone; 1991 | |
2742 | + | “(3) Objective evidence or verifiable information that shows that illegal drugs are 1992 | |
2743 | + | being sold and distributed on public space on public property within the proposed drug free zone; 1993 | |
2744 | + | and 1994 | |
2745 | + | “(4) Any other verifiable information from which the Chief of Police may 1995 | |
2746 | + | ascertain whether the health or safety of residents who live in the proposed drug free zone are 1996 | |
2747 | + | endangered by the purchase, sale, or use of illegal drugs or other illegal activity. 1997 | |
2748 | + | “(c) At least 24 hours prior to the designation of the drug free zone, the Chief of Police 1998 | |
2749 | + | shall notify, in writing: 1999 | |
2750 | + | “(1) The Chairman and each member of the Council of the District of Columbia 2000 | |
2751 | + | of the declaration of the drug free zone and the boundaries of the drug free zone; 2001 | |
2752 | + | “(2) All licensed medical or social services clinics operating in or adjacent to the 2002 | |
2753 | + | drug free zone of the declaration of the drug free zone and the boundaries of the drug free zone; 2003 | |
2754 | + | and 2004 | |
2755 | + | “(3) The Deputy Mayor for Health and Human Services, the Director of the 2005 | |
2756 | + | Department of Behavioral Health, the Director of the Department of Health, the Director of the 2006 | |
2757 | + | Department of Human Services, the Deputy Mayor for Public Safety and Justice, the Director of 2007 ENGROSSED ORIGINAL | |
2758 | + | ||
2759 | + | ||
2760 | + | ||
2761 | + | 108 | |
2762 | + | ||
2763 | + | ||
2764 | + | ||
2765 | + | the Office of Neighborhood Safety and Engagement, and the Office of the Attorney General’s 2008 | |
2766 | + | “Cure the Streets” program of the designation of the drug free zone, the boundaries of the drug 2009 | |
2767 | + | free zone, and the need for any relevant medical or social services in the surrounding area, in 2010 | |
2768 | + | order to ensure that this designation does not conflict with section 5(c). 2011 | |
2769 | + | “(d) The Chief of Police may not declare the same area, or an overlapping area, as a drug 2012 | |
2770 | + | free zone for more than 360 consecutive hours or for more than 360 hours within a 30-day 2013 | |
2771 | + | period. 2014 | |
2772 | + | “Sec. 4. Notice of a drug free zone. 2015 | |
2773 | + | “Upon the designation of a drug free zone, the Police Department shall mark each block 2016 | |
2774 | + | within the drug free zone by using barriers, tape, or police officers that post the following 2017 | |
2775 | + | information in the immediate area of, and borders around, the drug free zone: 2018 | |
2776 | + | “(1) A statement that it is unlawful for a person to congregate in a group of 2 or 2019 | |
2777 | + | more persons for the purpose of committing an offense under Title IV of the Controlled 2020 | |
2778 | + | Substances Act within the boundaries of a drug free zone, and to fail to disperse after being 2021 | |
2779 | + | instructed to disperse by a uniformed officer of the Police Department who reasonably believes 2022 | |
2780 | + | the person is congregating for the purpose of committing an offense under Title IV of the 2023 | |
2781 | + | Controlled Substances Act; 2024 | |
2782 | + | “(2) The boundaries of the drug free zone; 2025 | |
2783 | + | “(3) A statement of the effective dates of the drug free zone designation; and 2026 ENGROSSED ORIGINAL | |
2784 | + | ||
2785 | + | ||
2786 | + | ||
2787 | + | 109 | |
2788 | + | ||
2789 | + | ||
2790 | + | ||
2791 | + | “(4) Any other additional notice to inform the public of the drug free zone. 2027 | |
2792 | + | “Sec. 5. Prohibition. 2028 | |
2793 | + | “(a) It shall be unlawful for a person to congregate in a group of 2 or more within the 2029 | |
2794 | + | perimeter of a drug free zone established pursuant to section 3 for the purpose of committing an 2030 | |
2795 | + | offense under Title IV of the Controlled Substances Act, and to fail to disperse after being 2031 | |
2796 | + | instructed to disperse by a uniformed officer of the Police Department who reasonably believes 2032 | |
2797 | + | the person is congregating for the purpose of committing an offense under Title IV of the 2033 | |
2798 | + | Controlled Substances Act. 2034 | |
2799 | + | “(b) In making a determination that a person is congregating in a drug free zone for the 2035 | |
2800 | + | purpose of committing an offense under Title IV of the Controlled Substances Act, the totality of 2036 | |
2801 | + | the circumstances involved shall be considered. Among the circumstances which may be 2037 | |
2802 | + | considered in determining whether such purpose is manifested are: 2038 | |
2803 | + | “(1) The conduct of a person being observed, including that such person is 2039 | |
2804 | + | behaving in a manner raising a reasonable belief that the person is engaging or is about to engage 2040 | |
2805 | + | in illegal drug activity, such as the observable distribution of small packages to other persons, the 2041 | |
2806 | + | receipt of currency for the exchange of a small package, operating as a lookout, warning others 2042 | |
2807 | + | of the arrival of police, concealing himself or herself or any object which reasonably may be 2043 | |
2808 | + | connected to unlawful drug-related activity, or engaging in any other conduct normally 2044 | |
2809 | + | associated by law enforcement agencies with the illegal distribution or possession of drugs; 2045 ENGROSSED ORIGINAL | |
2810 | + | ||
2811 | + | ||
2812 | + | ||
2813 | + | 110 | |
2814 | + | ||
2815 | + | ||
2816 | + | ||
2817 | + | “(2) Information from a reliable source indicating that a person being observed 2046 | |
2818 | + | routinely distributes illegal drugs within the drug free zone; 2047 | |
2819 | + | “(3) Information from a reliable source indicating that the person being observed 2048 | |
2820 | + | is currently engaging in illegal drug-related activity within the drug free zone; 2049 | |
2821 | + | “(4) Such person is physically identified by the officer as a member of a gang or 2050 | |
2822 | + | association which engages in illegal drug activity; 2051 | |
2823 | + | “(5) Such person is a known unlawful drug user, possessor, or seller; 2052 | |
2824 | + | “(6) Such person has no other apparent lawful reason for congregating in the drug 2053 | |
2825 | + | free zone, such as waiting for a bus, being near one’s own residence, or waiting to receive 2054 | |
2826 | + | medical or social services; 2055 | |
2827 | + | “(7) Any vehicle involved in the observed circumstances is registered to a known 2056 | |
2828 | + | unlawful drug user, possessor, or seller, or a person for whom there is an outstanding arrest 2057 | |
2829 | + | warrant for a crime involving drug related activity. 2058 | |
2830 | + | “(c) The prohibition under this section shall not be applied with the primary purpose of 2059 | |
2831 | + | depriving persons of social or medical services. 2060 | |
2832 | + | “(d) The Chief of Police shall issue a General Order establishing protocols to ensure that 2061 | |
2833 | + | persons seeking or receiving medical or social services near or in a drug free zone are not 2062 | |
2834 | + | prevented, discouraged, or otherwise deterred from seeking such services. 2063 ENGROSSED ORIGINAL | |
2835 | + | ||
2836 | + | ||
2837 | + | ||
2838 | + | 111 | |
2839 | + | ||
2840 | + | ||
2841 | + | ||
2842 | + | “Sec. 6. Penalties. 2064 | |
2843 | + | “(a) Any person who violates section 5 shall, upon conviction, be subject to a fine of not 2065 | |
2844 | + | more than $300, imprisonment for not more than 180 days, or both. 2066 | |
2845 | + | “(b) The fine set forth in this section shall not be limited by section 101 of the Criminal 2067 | |
2846 | + | Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. 2068 | |
2847 | + | Official Code § 22-3571.01). 2069 | |
2848 | + | “Sec. 7. Reporting. 2070 | |
2849 | + | “No later than one year after the effective date of the Secure DC Omnibus Amendment 2071 | |
2850 | + | Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed version of Bill 25-345), and 2072 | |
2851 | + | annually thereafter, the Chief of Police shall submit a report to the Mayor and the Chairman of 2073 | |
2852 | + | the Council that shall include the following information: 2074 | |
2853 | + | “(1) The boundaries of all drug free zones declared by the Chief of Police in the 2075 | |
2854 | + | past year; 2076 | |
2855 | + | “(2) A list of all drug free zones located within 100 feet of a licensed medical or 2077 | |
2856 | + | social services clinic in the past year; 2078 | |
2857 | + | “(3) For each drug free zone declared, data on the following information in the 6 2079 | |
2858 | + | months prior to and up to the 6 months following the declaration of the drug free zone: 2080 | |
2859 | + | “(A) Arrests for the possession or distribution of illegal drugs in the 2081 | |
2860 | + | boundaries of the drug free zone; 2082 ENGROSSED ORIGINAL | |
2861 | + | ||
2862 | + | ||
2863 | + | ||
2864 | + | 112 | |
2865 | + | ||
2866 | + | ||
2867 | + | ||
2868 | + | “(B) Police reports for dangerous crimes or crimes of violence, as those 2083 | |
2869 | + | terms are defined in D.C. Official Code § 23-1331, in the boundaries of the drug free zone; 2084 | |
2870 | + | “(C) The number of homicides that were committed in the boundaries of the 2085 | |
2871 | + | drug free zone; 2086 | |
2872 | + | “(D) A description of the objective evidence or verifiable information 2087 | |
2873 | + | demonstrating that illegal drugs were being sold and distributed on public property within the 2088 | |
2874 | + | boundaries of the drug free zone prior to the designation of the drug free zone; and 2089 | |
2875 | + | “(E) Any other verifiable information from which the Chief of Police may 2090 | |
2876 | + | ascertain whether the health or safety of residents who live in the boundaries of the drug free 2091 | |
2877 | + | zone were being endangered by the purchase, sale, or use of illegal drugs or other illegal 2092 | |
2878 | + | activity.”. 2093 | |
2879 | + | Sec. 38. Chapter 39 of Title 24 of the District of Columbia Municipal Regulations (24 2094 | |
2880 | + | DCMR § 3900 et seq.), is amended as follows: 2095 | |
2881 | + | (a) Subsection 3900.5 is repealed. 2096 | |
2882 | + | (b) Subsection 3900.9 is amended to read as follows: 2097 | |
2883 | + | “3900.9 (a) For any incident involving an officer-involved death or serious use of force, a 2098 | |
2884 | + | member shall not review their body-worn camera recordings or any body-worn camera 2099 | |
2885 | + | recordings that have been shared with them to assist in initial report writing. 2100 | |
2886 | + | “(b) A member shall indicate, when writing any initial or subsequent reports, 2101 ENGROSSED ORIGINAL | |
2887 | + | ||
2888 | + | ||
2889 | + | ||
2890 | + | 113 | |
2891 | + | ||
2892 | + | ||
2893 | + | ||
2894 | + | whether the officer viewed body-worn camera footage prior to writing the report and specify 2102 | |
2895 | + | what body-worn camera footage the officer viewed.”. 2103 | |
2896 | + | (c) Section 3999.1 is amended as follows: 2104 | |
2897 | + | (1) The definition of “serious use of force” is amended to read as follows: 2105 | |
2898 | + | ““Serious use of force” means any: 2106 | |
2899 | + | “(1) Firearm discharges by a Metropolitan Police Department officer, with the 2107 | |
2900 | + | exception of a negligent discharge that does not otherwise put members of the public at risk of 2108 | |
2901 | + | injury or death, or a range or training incident; 2109 | |
2902 | + | “(2) Head strikes by a Metropolitan Police Department officer with an impact 2110 | |
2903 | + | weapon; 2111 | |
2904 | + | “(3) Use of force by a Metropolitan Police Department officer that: 2112 | |
2905 | + | “(A) Results in serious bodily injury; 2113 | |
2906 | + | “(B) Results in a protracted loss of consciousness, or that create a 2114 | |
2907 | + | substantial risk of death, serious disfigurement, disability or impairment of the functioning of 2115 | |
2908 | + | any body part or organ; 2116 | |
2909 | + | “(C) Involves the use of a prohibited technique, as that term is defined in 2117 | |
2910 | + | section 3 of the Limitation on the Use of the Chokehold Act of 1985, effective January 25, 1986 2118 | |
2911 | + | (D.C. Law 6-77; D.C. Official Code § 5-125.02(6)); or 2119 | |
2912 | + | “(D) Results in a death; and 2120 ENGROSSED ORIGINAL | |
2913 | + | ||
2914 | + | ||
2915 | + | ||
2916 | + | 114 | |
2917 | + | ||
2918 | + | ||
2919 | + | ||
2920 | + | “(4) Incidents in which a Metropolitan Police Department canine bites a person.”. 2121 | |
2921 | + | (2) Insert a new definition between the definitions of “next of kin” and “subject” 2122 | |
2922 | + | to read as follows: 2123 | |
2923 | + | ““Serious bodily injury”” means extreme physical pain, illness, or impairment of physical 2124 | |
2924 | + | condition including physical injury that involves a substantial risk of death, protracted and 2125 | |
2925 | + | obvious disfigurement, protracted loss or impairment of the function of a bodily member or 2126 | |
2926 | + | organ, or protracted loss of consciousness.”. 2127 | |
2927 | + | Sec. 39. Section 5 of the Prioritizing Public Safety Temporary Amendment Act of 2023, 2128 | |
2928 | + | enacted on October 5, 2023 (D.C. Act 25-229; 70 DCR 13762), is repealed. 2129 | |
2929 | + | Sec. 40. The Second Chance Amendment Act of 2022, effective March 10, 2023 (D.C. 2130 | |
2930 | + | Law 24-284; 70 DCR 913), is amended as follows: 2131 | |
2931 | + | (a) Section 101(b) is amended as follows: 2132 | |
2932 | + | (1) Amendatory section 16-802(b) is amended as follows: 2133 | |
2933 | + | “(b) Eligible criminal records and court proceedings related to citation, arrests, charges, 2134 | |
2934 | + | and convictions shall be expunged pursuant to subsection (a) of this section by October 1, 2027, 2135 | |
2935 | + | or within 90 days after termination of the case by the prosecutor or final disposition, whichever 2136 | |
2936 | + | is later.”. 2137 | |
2937 | + | (2) Amendatory section 16-805(c) is amended as follows: 2138 | |
2938 | + | (A) Paragraph (1)(A) is amended to read as follows: 2139 ENGROSSED ORIGINAL | |
2939 | + | ||
2940 | + | ||
2941 | + | ||
2942 | + | 115 | |
2943 | + | ||
2944 | + | ||
2945 | + | ||
2946 | + | “(A) For which the case was terminated by the prosecutor or 2140 | |
2947 | + | otherwise reached a final disposition and did not result in a conviction or acquittal pursuant to § 2141 | |
2948 | + | 24-501 prior to the effective date of the Second Chance Amendment Act of 2022, effective 2142 | |
2949 | + | March 10, 2023 (D.C. Law 24-284; 70 DCR 913), shall be sealed by October 1, 2027, or within 2143 | |
2950 | + | 90 days after termination of the case by the prosecutor or final disposition, whichever is later; 2144 | |
2951 | + | and”. 2145 | |
2952 | + | (B) Paragraph (2) is amended to read as follows: 2146 | |
2953 | + | “(2) Related to citations, arrests, charges, and convictions sealed pursuant to 2147 | |
2954 | + | subsection (a)(2) of this section shall be sealed by October 1, 2027, or within 90 days after the 2148 | |
2955 | + | expiration of the waiting period, whichever is later.”. 2149 | |
2956 | + | (b) Section 301 is amended to read as follows: 2150 | |
2957 | + | “Sec. 301. Applicability. 2151 | |
2958 | + | “This act shall apply as of October 1, 2024.”. 2152 | |
2959 | + | Sec. 41. Section 7088 of the Fiscal Year 2024 Budget Support Act of 2023, effective 2153 | |
2960 | + | September 6, 2023 (D.C. Law 25-50; 70 DCR 10366), is repealed. 2154 | |
2961 | + | Sec. 42. Applicability. 2155 | |
2962 | + | (a)(1) Except as provided in subsection (c) of this section, sections 2, 5, 9, 15, 17, 28, 30, 2156 | |
2963 | + | 32, and 33 shall apply upon the date of inclusion of their fiscal effect in an approved budget and 2157 | |
2964 | + | financial plan. 2158 ENGROSSED ORIGINAL | |
2965 | + | ||
2966 | + | ||
2967 | + | ||
2968 | + | 116 | |
2969 | + | ||
2970 | + | ||
2971 | + | ||
2972 | + | (2) The Chief Financial Officer shall certify the date of the inclusion of the fiscal 2159 | |
2973 | + | effect in an approved budget and financial plan, and provide notice to the Budget Director of the 2160 | |
2974 | + | Council of the certification. 2161 | |
2975 | + | (3)(A) The Budget Director shall cause the notice of the certification to be 2162 | |
2976 | + | published in the District of Columbia Register. 2163 | |
2977 | + | (B) The date of publication of the notice of the certification shall not affect 2164 | |
2978 | + | the applicability of the provisions identified in paragraph (1) of this subsection. 2165 | |
2979 | + | (b) Section 12 shall apply as of July 22, 2020. 2166 | |
2980 | + | (c) Section 30(b) shall apply upon the adoption of corresponding rules by the Superior 2167 | |
2981 | + | Court for the District of Columbia pursuant to D.C. Official Code § 11-946. 2168 | |
2982 | + | Sec. 43. Fiscal impact statement. 2169 | |
2983 | + | The Council adopts the fiscal impact statement in the committee report as the fiscal 2170 | |
2984 | + | impact statement required by section 4a of the General Legislative Procedures Act of 1975, 2171 | |
2985 | + | approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 2172 | |
2986 | + | Sec. 44. Effective date. 2173 | |
2987 | + | This act shall take effect following approval by the Mayor (or in the event of veto by the 2174 | |
2988 | + | Mayor, action by the Council to override the veto), a 60-day period of congressional review as 2175 | |
2989 | + | provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December 2176 | |
2990 | + | 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)). 2177 |