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Councilmember Brooke Pinto 2
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A BILL 7
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11
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To amend, on a temporary basis, the Neighborhood Engagement Achieves Results Amendment 15
Act of 2016 to enhance the Private Security Camera System Incentive Program by 16
removing the program rebate cap; to amend the Anti-Sexual Abuse Act of 1994 to clarify 17
the definition of “significant relationship” in sexual abuse cases; to amend the Criminal 18
Justice Coordinating Council for the District of Columbia Establishment Act of 2011 to 19
require that all participating entities in the CJCC report aggregate programmatic data on 20
process and outcomes of programs; to amend An Act To control the possession, sale, 21
transfer and use of pistols and other dangerous weapons in the District of Columbia, to 22
provide penalties, to prescribe rules of evidence, and to establish an offense of 23
endangerment with a firearm; to amend Title 16 of the District of Columbia Official Code 24
to establish a rebuttable presumption that pre-hearing detention is necessary where there 25
is a substantial probability that the youth committed certain serious violent crimes or 26
committed a dangerous crime or crime of violence while armed with a knife; to amend 27
Title 23 of the District of Columbia Official Code to establish a rebuttable presumption in 28
favor of detaining a person pretrial where there is probable cause that the person 29
committed a violent crime, to change the standard of proof necessary to trigger a 30
rebuttable presumption for certain serious crimes, to provide courts with discretion to 31
make a misdemeanor arrest warrant extraditable, to clarify that GPS records from the 32
Pretrial Services Agency are admissible in court, to direct the Court to expedite cases 33
involving a child victim, and to create a new standalone offense of strangulation. 34
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 36
act may be cited as the “Prioritizing Public Safety Temporary Amendment Act of 2023”. 37
Sec. 2. Section 214 of the Neighborhood Engagement Achieves Results Amendment Act 38
of 2016, effective June 30, 2016 (D.C. Law 21-125; D.C. Official Code § 7-2831), is amended as 39
follows: 40
(a) Subsection (c) is amended as follows: 41
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(1) Paragraph (1) is amended to read as follows: 42
“(1) Upon approval of a rebate claim submitted pursuant to subsection (b) of this 43
section, the Program shall provide a rebate; provided, that the amount of the rebate shall not be 44
more than the purchase price of the system.”. 45
(2) Paragraph (3) is repealed. 46
(b) Subsection (e)(1)(C) is repealed. 47
(c) Subsection (f) is amended as follows: 48
(1) Paragraph (3) is amended by striking the phrase “; and” and inserting a 49
semicolon in its place. 50
(2) Paragraph (4) is amended by striking the period and inserting the phrase “; 51
and” in its place. 52
(3) A new paragraph (5) is added to read as follows: 53
“(5) The maximum amount of rebate that will be available under this section after 54
the applicability date of section 2(a)(1) of the Prioritizing Public Safety Temporary Amendment 55
Act of 2023, as introduced on July 11, 2023 (Bill 25-XXX).”. 56
Sec. 3. Section 16-2310(a-1)(1)(A) of the District of Columbia Official Code is amended 57
to read as follows: 58
“(A) Committed: 59
“(i) A dangerous crime or a crime of violence while armed with or 60
having readily available a knife, pistol, firearm, or imitation firearm; or 61
“(ii) Unarmed murder, first-degree sexual abuse, carjacking, or 62
assault with intent to commit any such offense; or”. 63
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Sec. 4. Section 101(10)(D) of the Anti-Sexual Abuse Act of 1994, effective May 23, 64
1995 (D.C. Law 10-257; D.C. Official Code § 22-3001(10)(D)), is amended by striking the 65
phrase “employee or volunteer” and inserting the phrase “employee, contractor, or volunteer” in 66
its place. 67
Sec. 5. Section 1501 of the Criminal Justice Coordinating Council for the District of 68
Columbia Establishment Act of 2011, effective October 3, 2001 (D.C. Law 14-28; D.C. Official 69
Code § 22-4234), is amended by adding a new subsection (b-5) to read as follows: 70
“(b-5) By October 1, 2023, and on a quarterly basis thereafter, the CJCC shall submit to 71
the Mayor and the Council and post on its website a report that includes the following 72
information, in accordance with existing law: 73
“(1) Aggregate programmatic data on process and outcome of programs, 74
including diversion; and 75
“(2) Aggregate outcomes of alternative dispositions and sentencing agreements.”. 76
Sec. 6. An Act To control the possession, sale, transfer and use of pistols and other 77
dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of 78
evidence, and for other purposes, approved July 8, 1932 (47 Stat. 650; D.C. Official Code § 22-79
4501 et seq.), is amended as follows: 80
(a) Section 1 (D.C. Official Code § 22-4501) is amended as follows: 81
(1) A new paragraph (4A) is added to read as follows: 82
“(4A) “Open to the general public” means a location: 83
“(A) To which the public is invited; and 84
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“(B) For which no payment, membership, affiliation, appointment, 85
or special permission is required for an adult to enter, other than proof of age or a security 86
screening.”. 87
(2) Paragraph (7A) is redesignated as paragraph (7B). 88
(3) A new paragraph (7A) is added to read as follows: 89
“(7A) “Public conveyance” means any government-operated air, land, or water 90
vehicle used for the transportation of persons, including any airplane, train, bus, or boat.”. 91
(b) A new section 3c is added to read as follows: 92
“Sec. 3c. Endangerment with a firearm. 93
“(a) A person commits endangerment with a firearm when the person: 94
“(1) Knowingly discharges a projectile from a firearm outside a licensed firing 95
range; and 96
“(2) Either: 97
“(A) The person knows that the discharged projectile creates a substantial 98
risk of death or bodily injury to another person; or 99
“(B) In fact: 100
“(i) The person is in, or the discharged projectile travels through or 101
stops in, a location that is: 102
“(I) Open to the general public at the time of the offense; 103
“(II) A communal area of multi-unit housing; or 104
“(III) Inside a public conveyance or a rail station; and 105
“(ii) The person does not have permission to discharge a projectile 106
from a firearm under: 107
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“(I) A written permit issued by the Metropolitan Police 108
Department; or 109
“(II) Other District or federal law. 110
“(b) Whoever violates this section shall upon conviction be fined no more than the 111
amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, 112
effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-357.01), or incarcerated for 113
no more than 2 years, or both. 114
“(c) When arising from the same act or course of conduct, a conviction for an offense 115
under this section shall merge with a conviction: 116
“(1) Under section 3a; or 117
“(2) For another offense outside of this act that has, as an element in the offense 118
definition or in the applicable penalty enhancement, possessing or having readily available a 119
firearm, imitation firearm, or dangerous weapon. 120
“(d) No mental state shall be required as to any element under subsection (a)(2)(B) of this 121
section. 122
“(e) It shall be a defense to liability under this section that the person discharged a 123
firearm under circumstances constituting lawful self-defense or defense of others.”. 124
Sec. 7. Title 23 of the District of Columbia Official Code is amended as follows: 125
(a) Section 23-563(b) is amended to read as follows: 126
“(b)(1) A warrant or summons issued by the Superior Court of the District of Columbia 127
for an offense punishable by imprisonment for not more than one year, or by a fine only, or by 128
such imprisonment and a fine: 129
“(A)(i) May be served in any place in the District of Columbia; or 130
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“(ii) May be served at any place within the jurisdiction of the 131
United States, if a judicial officer of the Superior Court of the District of Columbia finds that 132
good cause exists for the warrant or summons to be served at any place within the jurisdiction of 133
the United States; and 134
“(B) May not be executed more than one year after the date of issuance. 135
“(2) Good cause for the warrant or summons to be served at any place within the 136
jurisdiction of the United States is presumed where the warrant or summons is for an intrafamily 137
offense, as defined in § 16-1001(8), or where the warrant or summons is for an offense under 138
Chapter 30 of Title 22 of the District of Columbia Official Code.”. 139
(b) Section 23-1303(d) is amended to read as follows: 140
“(d) Any information contained in the agency’s files, presented in its report, or divulged 141
during the course of any hearing shall not be admissible on the issue of guilt in any judicial 142
proceeding, but such information may be used in proceedings under §§ 23-1327, 23-1328, and 143
23-1329, in perjury proceedings, and for the purposes of impeachment in any subsequent 144
proceeding. Any information obtained from a device, as that term is defined in § 22-1211(a)(2), 145
may be used on the issue of guilt in any judicial proceeding.”. 146
(c) Section 23-1322 is amended as follows: 147
(1) Subsection (c) is amended as follows: 148
(A) Paragraph (1) is amended by striking the phrase “or a crime of 149
violence, as these crimes are defined” and inserting the phrase “, as that crime is defined” in its 150
place. 151
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(B) Paragraph (3) is amended by striking the phrase “or a crime of 152
violence, as these crimes are defined” and inserting the phrase “, as that crime is defined” in its 153
place. 154
(C) Paragraph (4) is amended by striking the phrase “crime or a crime of 155
violence” and inserting the word “crime” in its place. 156
(D) Paragraph (5) is amended by striking the phrase “crimes or crimes of 157
violence” and inserting the word “crimes” in its place. 158
(E) Paragraph (6) is repealed. 159
(F) Paragraph (7) is amended by striking the phrase “; or” and inserting a 160
semicolon in its place. 161
(G) Paragraph (8) is amended by striking the period and inserting the 162
phrase “; or” in its place. 163
(H) A new paragraph (9) is added to read as follows: 164
“(9) Committed a crime of violence, as that term is defined in § 23-1331(4).”. 165
(d) Section 23-1325(a) is amended by striking the phrase “a substantial probability” and 166
inserting the phrase “probable cause” in its place. 167
(e) Section 23-1903(d) is amended as follows: 168
(1) Strike the phrase “child is called to give testimony” and insert the phrase 169
“child is a victim or is called to give testimony” in its place. 170
(2) Strike the phrase “granting a continuance in cases involving a child witness” 171
and insert the phrase “granting a continuance in cases involving a child victim or child witness” 172
in its place. 173
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Sec. 8. An Act To establish a code of law for the District of Columbia, approved March 174
3, 1901 (31 Stat. 1189; D.C. Official Code passim), is amended by adding a new section 806d to 175
read as follows: 176
“Sec. 806d. Strangulation. 177
“(a) A person commits the offense of strangulation if that person knowingly, 178
intentionally, or recklessly restricts the normal circulation of the blood or breathing of another 179
person, either by applying pressure on the throat, neck, or chest of another person, or by blocking 180
the nose or mouth of another person. 181
“(b) Except for as provided in subsection (c) of this section, a person convicted of 182
strangulation shall be fined no more than the amount set forth in section 101 of the Criminal Fine 183
Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. 184
Official Code § 22-3571.01), or incarcerated for no more than 5 years, or both. 185
“(c) A person convicted of strangulation may be fined up to 1½ times the maximum fine 186
otherwise authorized under this section and may be incarcerated for a term of up to 1½ times the 187
maximum term of incarceration otherwise authorized under this section, or both, if: 188
“(1) The victim sustained serious bodily injury, as that term is defined in section 189
101(7) of the Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; D.C. 190
Official Code § 22-3001(7)), as a result of the offense; 191
“(2) The person was, at the time of the offense, required to stay away from or 192
have no contact with the victim as a condition of their parole or supervised release or pursuant to 193
a court order; or 194
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“(3) The person was, within 5 years of commission of the strangulation offense, 195
convicted of either an intrafamily offense, as defined in D.C. Official Code § 16-1001(8), or a 196
similar offense in the law of another jurisdiction.”. 197
Sec. 9. Applicability. 198
Section 2(a)(1) shall apply upon the effective date of the rules issued pursuant to section 199
214(f)(5) of the Neighborhood Engagement Achieves Results Amendment Act of 2016, effective 200
June 30, 2016 (D.C. Law 21-125; D.C. Official Code § 7-2831(f)(5)). 201
Sec. 10. Fiscal impact statement. 202
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 203
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 204
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 205
Sec. 11. Effective date. 206
(a) This act shall take effect following approval by the Mayor (or in the event of veto by 207
the Mayor, action by the Council to override the veto), a 60-day period of Congressional review 208
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 209
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 210
Columbia Register. 211
(b) This act shall expire after 225 days of its having taken effect. 212