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A BILL 1
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25-396 3
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
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To amend, on a temporary basis, the Neighborhood Engagement Achieves Results Amendment 10
Act of 2016 to enhance the Private Security Camera System Incentive Program by 11
removing the program rebate cap; to amend the Anti-Sexual Abuse Act of 1994 to clarify 12
the definition of “significant relationship” in sexual abuse cases; to amend the Criminal 13
Justice Coordinating Council for the District of Columbia Establishment Act of 2011 to 14
require that all participating entities in the CJCC report aggregate programmatic data on 15
process and outcomes of programs; to amend An Act To control the possession, sale, 16
transfer and use of pistols and other dangerous weapons in the District of Columbia, to 17
provide penalties, to prescribe rules of evidence, and to establish an offense of 18
endangerment with a firearm; to amend Title 16 of the District of Columbia Official Code 19
to establish a rebuttable presumption that pre-hearing detention is necessary where there 20
is a substantial probability that the youth committed certain serious violent crimes or 21
committed a dangerous crime or crime of violence while armed with a knife; to amend 22
Title 23 of the District of Columbia Official Code to establish a rebuttable presumption in 23
favor of detaining a person pretrial where there is probable cause that the person 24
committed a violent crime, to change the standard of proof necessary to trigger a 25
rebuttable presumption for certain serious crimes, to provide courts with discretion to 26
make a misdemeanor arrest warrant extraditable, to clarify that GPS records from the 27
Pretrial Services Agency are admissible in court, to direct the Court to expedite cases 28
involving a child victim, and to create a new standalone offense of strangulation. 29
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 31
act may be cited as the “Prioritizing Public Safety Temporary Amendment Act of 2023”. 32 ENGROSSED ORIGINAL
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Sec. 2. Section 214 of the Neighborhood Engagement Achieves Results Amendment Act 33
of 2016, effective June 30, 2016 (D.C. Law 21-125; D.C. Official Code § 7-2831), is amended as 34
follows: 35
(a) Subsection (c) is amended as follows: 36
(1) Paragraph (1) is amended to read as follows: 37
“(1) Upon approval of a rebate claim submitted pursuant to subsection (b) of this 38
section, the Program shall provide a rebate; provided, that the amount of the rebate shall not be 39
more than the purchase price of the system.”. 40
(2) Paragraph (3) is repealed. 41
(b) Subsection (e)(1)(C) is repealed. 42
(c) Subsection (f) is amended as follows: 43
(1) Paragraph (3) is amended by striking the phrase “; and” and inserting a 44
semicolon in its place. 45
(2) Paragraph (4) is amended by striking the period and inserting the phrase “; 46
and” in its place. 47
(3) A new paragraph (5) is added to read as follows: 48
“(5) The maximum amount of rebate that will be available under this section after 49
the applicability date of section 2(a)(1) of the Prioritizing Public Safety Temporary Amendment 50
Act of 2023, as introduced on July 11, 2023 (Bill 25-XXX).”. 51 ENGROSSED ORIGINAL
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Sec. 3. Section 16-2310(a-1)(1)(A) of the District of Columbia Official Code is amended 52
to read as follows: 53
“(A) Committed: 54
“(i) A dangerous crime or a crime of violence while armed with or 55
having readily available a knife, pistol, firearm, or imitation firearm; or 56
“(ii) Unarmed murder, first-degree sexual abuse, carjacking, or 57
assault with intent to commit any such offense; or”. 58
Sec. 4. Section 101(10)(D) of the Anti-Sexual Abuse Act of 1994, effective May 23, 59
1995 (D.C. Law 10-257; D.C. Official Code § 22-3001(10)(D)), is amended by striking the 60
phrase “employee or volunteer” and inserting the phrase “employee, contractor, or volunteer” in 61
its place. 62
Sec. 5. Section 1501 of the Criminal Justice Coordinating Council for the District of 63
Columbia Establishment Act of 2011, effective October 3, 2001 (D.C. Law 14-28; D.C. Official 64
Code § 22-4234), is amended by adding a new subsection (b-5) to read as follows: 65
“(b-5) By October 1, 2023, and on a quarterly basis thereafter, the CJCC shall submit to 66
the Mayor and the Council and post on its website a report that includes the following 67
information, in accordance with existing law: 68
“(1) Aggregate programmatic data on process and outcome of programs, 69
including diversion; and 70 ENGROSSED ORIGINAL
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“(2) Aggregate outcomes of alternative dispositions and sentencing agreements.”. 71
Sec. 5. Section 1501 of the Criminal Justice Coordinating Council for the District of 72
Columbia Establishment Act of 2011, effective October 3, 2001 (D.C. Law 14-28; D.C. Official 73
Code § 22-4234), is amended by adding new subsections (b-5) and (b-6) to read as follows: 74
“(b-5) By October 1, 2023, and on a quarterly basis thereafter, the CJCC shall submit to the 75
Mayor and the Council and post on its website a report that includes the following information, in 76
accordance with existing law: 77
“(1) Aggregate programmatic data on process and outcome of programs, including 78
diversion; and 79
“(2) Aggregate outcomes of alternative dispositions and sentencing agreements. 80
“(b-6) The CJCC shall post the following year-to-date data on its website monthly, beginning 81
with the earliest year for which CJCC is able to obtain historical data: 82
“(1) Arrests for violent crimes committed by juveniles and adults, by offense; and 83
“(2) Gun violence and homicide counts and rates citywide and by ward, 84
neighborhood, and police service area.”. 85
Sec. 6. An Act To control the possession, sale, transfer and use of pistols and other 86
dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of 87
evidence, and for other purposes, approved July 8, 1932 (47 Stat. 650; D.C. Official Code § 22-88
4501 et seq.), is amended as follows: 89
(a) Section 1 (D.C. Official Code § 22-4501) is amended as follows: 90 ENGROSSED ORIGINAL
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(1) A new paragraph (4A) is added to read as follows: 91
“(4A) “Open to the general public” means a location: 92
“(A) To which the public is invited; and 93
“(B) For which no payment, membership, affiliation, appointment, 94
or special permission is required for an adult to enter, other than proof of age or a security 95
screening.”. 96
(2) Paragraph (7A) is redesignated as paragraph (7B). 97
(3) A new paragraph (7A) is added to read as follows: 98
“(7A) “Public conveyance” means any government-operated air, land, or water 99
vehicle used for the transportation of persons, including any airplane, train, bus, or boat.”. 100
(b) A new section 3c is added to read as follows: 101
“Sec. 3c. Endangerment with a firearm. 102
“(a) A person commits endangerment with a firearm when the person: 103
“(1) Knowingly discharges a projectile from a firearm outside a licensed firing 104
range; and 105
“(2) Either: 106
“(A) The person knows that the discharged projectile creates a substantial 107
risk of death or bodily injury to another person; or 108
“(B) In fact: 109 ENGROSSED ORIGINAL
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“(i) The person is in, or the discharged projectile travels through or 110
stops in, a location that is: 111
“(I) Open to the general public at the time of the offense; 112
“(II) A communal area of multi-unit housing; or 113
“(III) Inside a public conveyance or a rail station; and 114
“(ii) The person does not have permission to discharge a projectile 115
from a firearm under: 116
“(I) A written permit issued by the Metropolitan Police 117
Department; or 118
“(II) Other District or federal law. 119
“(b) Whoever violates this section shall upon conviction be fined no more than the 120
amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, 121
effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-357.01), or incarcerated for 122
no more than 2 years, or both. 123
“(c) When arising from the same act or course of conduct, a conviction for an offense 124
under this section shall merge with a conviction: 125
“(1) Under section 3a; or 126 ENGROSSED ORIGINAL
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“(2) For another offense outside of this act that has, as an element in the offense 127
definition or in the applicable penalty enhancement, possessing or having readily available a 128
firearm, imitation firearm, or dangerous weapon. 129
“(d) No mental state shall be required as to any element under subsection (a)(2)(B) of this 130
section. 131
“(e) It shall be a defense to liability under this section that the person discharged a 132
firearm under circumstances constituting lawful self-defense or defense of others.”. 133
Sec. 7. Title 23 of the District of Columbia Official Code is amended as follows: 134
(a) Section 23-563(b) is amended to read as follows: 135
“(b)(1) A warrant or summons issued by the Superior Court of the District of Columbia 136
for an offense punishable by imprisonment for not more than one year, or by a fine only, or by 137
such imprisonment and a fine: 138
“(A)(i) May be served in any place in the District of Columbia; or 139
“(ii) May be served at any place within the jurisdiction of the 140
United States, if a judicial officer of the Superior Court of the District of Columbia finds that 141
good cause exists for the warrant or summons to be served at any place within the jurisdiction of 142
the United States; and 143
“(B) May not be executed more than one year after the date of issuance. 144 ENGROSSED ORIGINAL
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“(2) Good cause for the warrant or summons to be served at any place within the 145
jurisdiction of the United States is presumed where the warrant or summons is for an intrafamily 146
offense, as defined in § 16-1001(8), or where the warrant or summons is for an offense under 147
Chapter 30 of Title 22 of the District of Columbia Official Code.”. 148
(b) Section 23-1303(d) is amended to read as follows: 149
“(d) Any information contained in the agency’s files, presented in its report, or divulged 150
during the course of any hearing shall not be admissible on the issue of guilt in any judicial 151
proceeding, but such information may be used in proceedings under §§ 23-1327, 23-1328, and 152
23-1329, in perjury proceedings, and for the purposes of impeachment in any subsequent 153
proceeding. Any information obtained from a device, as that term is defined in § 22-1211(a)(2), 154
may be used on the issue of guilt in any judicial proceeding.”. 155
(c) Section 23-1322 is amended as follows: 156
(1) Subsection (c) is amended as follows: 157
(A) Paragraph (1) is amended by striking the phrase “or a crime of 158
violence, as these crimes are defined” and inserting the phrase “, as that crime is defined” in its 159
place. 160
(B) Paragraph (3) is amended by striking the phrase “or a crime of 161
violence, as these crimes are defined” and inserting the phrase “, as that crime is defined” in its 162
place. 163 ENGROSSED ORIGINAL
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(C) Paragraph (4) is amended by striking the phrase “crime or a crime of 164
violence” and inserting the word “crime” in its place. 165
(D) Paragraph (5) is amended by striking the phrase “crimes or crimes of 166
violence” and inserting the word “crimes” in its place. 167
(E) Paragraph (6) is repealed. 168
(F) Paragraph (7) is amended by striking the phrase “; or” and inserting a 169
semicolon in its place. 170
(G) Paragraph (8) is amended by striking the period and inserting the 171
phrase “; or” in its place. 172
(H) A new paragraph (9) is added to read as follows: 173
“(9) Committed a crime of violence, as that term is defined in § 23-1331(4).”. 174
(d) Section 23-1325(a) is amended by striking the phrase “a substantial probability” and 175
inserting the phrase “probable cause” in its place. 176
(e) Section 23-1903(d) is amended as follows: 177
(1) Strike the phrase “child is called to give testimony” and insert the phrase 178
“child is a victim or is called to give testimony” in its place. 179
(2) Strike the phrase “granting a continuance in cases involving a child witness” 180
and insert the phrase “granting a continuance in cases involving a child victim or child witness” 181
in its place. 182 ENGROSSED ORIGINAL
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Sec. 8. An Act To establish a code of law for the District of Columbia, approved March 183
3, 1901 (31 Stat. 1189; D.C. Official Code passim), is amended by adding a new section 806d to 184
read as follows: 185
“Sec. 806d. Strangulation. 186
“(a) A person commits the offense of strangulation if that person knowingly, 187
intentionally, or recklessly restricts the normal circulation of the blood or breathing of another 188
person, either by applying pressure on the throat, neck, or chest of another person, or by blocking 189
the nose or mouth of another person. 190
“(b) Except for as provided in subsection (c) of this section, a person convicted of 191
strangulation shall be fined no more than the amount set forth in section 101 of the Criminal Fine 192
Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. 193
Official Code § 22-3571.01), or incarcerated for no more than 5 years, or both. 194
“(c) A person convicted of strangulation may be fined up to 1½ times the maximum fine 195
otherwise authorized under this section and may be incarcerated for a term of up to 1½ times the 196
maximum term of incarceration otherwise authorized under this section, or both, if: 197
“(1) The victim sustained serious bodily injury, as that term is defined in section 198
101(7) of the Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; D.C. 199
Official Code § 22-3001(7)), as a result of the offense; 200 ENGROSSED ORIGINAL
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“(2) The person was, at the time of the offense, required to stay away from or 201
have no contact with the victim as a condition of their parole or supervised release or pursuant to 202
a court order; or 203
“(3) The person was, within 5 years of commission of the strangulation offense, 204
convicted of either an intrafamily offense, as defined in D.C. Official Code § 16-1001(8), or a 205
similar offense in the law of another jurisdiction.”. 206
Sec. 8a. Section 386(c) of the Revised Statutes of the District of Columbia (D.C. Official 207
Code § 5-113.01(c)), is amended by adding a new paragraph (1B) to read as follows: 208
“(1B) Quarterly, the case closure rates for: 209
“(A) Violent crimes, by offense, committed with or without the use of a 210
weapon; and 211
“(B) Non-fatal shootings.”. 212
Sec. 8b. Title X of the Firearms Control Regulations Act of 1975, effective April 27, 2021 213
(D.C. Law 23-274; D.C. Official Code § 7-2510.01 et seq.), is amended as follows: 214
(a) Section 1013 (D.C. Official Code § 7-2510.13) is amended as follows: 215
(1) Subsection (c) is amended by striking the phrase “Working Group” and inserting 216
the phrase “Working Group, and shall convene the Working Group no later than September 1, 2023” 217
in its place. 218
(2) Subsection (e) is amended by striking the phrase “January 1, 2023” and inserting 219
the phrase “January 1, 2025” in its place. 220 ENGROSSED ORIGINAL
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(b) A new section 1014 is added to read as follows: 221
“Sec. 1014. Public awareness initiatives. 222
“By September 1, 2023: 223
“(1) The Metropolitan Police Department shall prominently display information 224
about extreme risk protection orders, including the petition process, on its website; and 225
“(2) The Office of the Attorney General shall develop and implement a public 226
awareness campaign to inform residents, professionals, and District government employees about 227
extreme risk protection orders, including the petition process.”. 228
Sec. 8c. Implementation of strategic gun violence reduction strategies. 229
(a)(1) The Metropolitan Police Department shall facilitate a Law Enforcement Shooting 230
Review no less than twice per month to review each shooting in the District that occurred since the 231
last Shooting Review, including non-fatal shootings. 232
(2) The purpose of such Law Enforcement Shooting Reviews shall be to identify 233
shooting dynamics, potential retaliation, and necessary law enforcement or other government agency 234
contacts or interventions with persons involved in the reviewed shootings, and then assign 235
responsibilities for immediate interventions. 236
(b) The Deputy Mayor for Public Safety and Justice shall coordinate a Coordination 237
Meeting/Intervention Services Shooting Review no less than twice per month to review each 238
shooting in the District that occurred since the last Shooting Review from a services and response 239 ENGROSSED ORIGINAL
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perspective, in order to identify and assign government and community partners to outreach and 240
engage those high-risk individuals implicated by the shootings. 241
Sec. 9. Firearm Tracing Data and Accountability Report. 242
(a) By January 1, 2024, the Mayor shall submit to the Council and post on its website a 243
report that includes the following information: 244
(1) The total number of firearms recovered in the District; 245
(2) The location where the firearm was recovered, disaggregated by police 246
district; 247
(3) The total number of ghost guns recovered in the District; 248
(4) The number of firearms recovered, disaggregated by, if available, 249
manufacturer, firearm model, state or country of origin, and the last known point of sale, transfer, 250
theft, or loss of such firearm; and 251
(5) To the extent possible, an analysis of purchase patterns with the available 252
information from the firearms recovered. 253
(b) The mayor shall begin collecting this information not later than 15 days after the 254
applicability date of the Prioritizing Public Safety Emergency Amendment Act of 2023. 255
(c) For the purposes of this section, the term: 256 ENGROSSED ORIGINAL
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(1) “Ghost gun” shall have the same meaning as provided in Section 101 of the 257
Firearms Control Regulations Act of 1975, effective September 24, 1976 (D.C. Law 1-85; D.C. 258
Official Code § 7-2501.01). 259
Sec. 9. Applicability. 260
Section 2(a)(1) shall apply upon the effective date of the rules issued pursuant to section 261
214(f)(5) of the Neighborhood Engagement Achieves Results Amendment Act of 2016, effective 262
June 30, 2016 (D.C. Law 21-125; D.C. Official Code § 7-2831(f)(5)). 263
Sec. 10. Fiscal impact statement. 264
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 265
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 266
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 267
Sec. 11. Effective date. 268
(a) This act shall take effect following approval by the Mayor (or in the event of veto by 269
the Mayor, action by the Council to override the veto), a 60-day period of Congressional review 270
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 271
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 272
Columbia Register. 273
(b) This act shall expire after 225 days of its having taken effect. 274