District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0396 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	ENGROSSED ORIGINAL
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9		-	AN ACT
10		-
11		-	____________
12		-
13		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
14		-
15		-	_________________________
16		-
17		-
18		-	To amend, on a temporary basis, the Neighborhood Engagement Achieves Results Amendment
19		-	Act of 2016 to enhance the Private Security Camera System Incentive Program by
20		-	removing the program rebate cap; to amend the Anti-Sexual Abuse Act of 1994 to clarify
21		-	the definition of significant relationship in sexual abuse cases; to amend the Criminal
22		-	Justice Coordinating Council for the District of Columbia Establishment Act of 2011 to
23		-	require that all participating entities in the Criminal Justice Coordinating Council report
24		-	aggregate programmatic data on process and outcomes of programs, and to require the
25		-	Criminal Justice Coordinating Council to publish data related to arrests for violent
26		-	crimes, gun violence, and homicide counts and rates; to amend An Act To control the
27		-	possession, sale, transfer and use of pistols and other dangerous weapons in the District
28		-	of Columbia, to provide penalties, to prescribe rules of evidence, and for other purposes
29		-	to establish an offense of endangerment with a firearm; to amend section 16-2310 of the
30		-	District of Columbia Official Code to establish a rebuttable presumption that pre-hearing
31		-	detention is necessary where there is a substantial probability that the youth committed
32		-	certain serious violent crimes or committed a dangerous crime or crime of violence while
33		-	armed with a knife; to amend Title 23 of the District of Columbia Official Code to
34		-	establish a rebuttable presumption in favor of detaining a person pretrial where there is
35		-	probable cause that the person committed a violent crime, to change the standard of proof
36		-	necessary to trigger a rebuttable presumption for certain serious crimes, to provide courts
37		-	with discretion to make a misdemeanor arrest warrant extraditable, to clarify that GPS
38		-	records from the Pretrial Services Agency are admissible in court on the issue of guilt,
39		-	and to direct the Court to expedite cases involving a child victim; to amend An Act To
40		-	establish a code of law for the District of Columbia to create a new standalone offense of
41		-	strangulation; to require the Metropolitan Police Department to publish closure
42		-	information for all violent crimes and non-fatal shootings; to revive the Extreme Risk
43		-	Protection Order Implementation Working Group and to require the Metropolitan Police
44		-	Department and the Office of the Attorney General to assist publicizing information
45		-	about extreme risk protection orders; to require the Metropolitan Police Department to
46		-	review every shooting to inform immediate interventions, and to require the Deputy ENROLLED ORIGINAL
	9	+	A BILL 1
	10	+	2
	11	+	25-396 3
	12	+	4
	13	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
	14	+	6
	15	+	_______________ 7
	16	+	8
	17	+	9
	18	+	To amend, on a temporary basis, the Neighborhood Engagement Achieves Results Amendment 10
	19	+	Act of 2016 to enhance the Private Security Camera System Incentive Program by 11
	20	+	removing the program rebate cap; to amend the Anti-Sexual Abuse Act of 1994 to clarify 12
	21	+	the definition of “significant relationship” in sexual abuse cases; to amend the Criminal 13
	22	+	Justice Coordinating Council for the District of Columbia Establishment Act of 2011 to 14
	23	+	require that all participating entities in the CJCC report aggregate programmatic data on 15
	24	+	process and outcomes of programs; to amend An Act To control the possession, sale, 16
	25	+	transfer and use of pistols and other dangerous weapons in the District of Columbia, to 17
	26	+	provide penalties, to prescribe rules of evidence, and to establish an offense of 18
	27	+	endangerment with a firearm; to amend Title 16 of the District of Columbia Official Code 19
	28	+	to establish a rebuttable presumption that pre-hearing detention is necessary where there 20
	29	+	is a substantial probability that the youth committed certain serious violent crimes or 21
	30	+	committed a dangerous crime or crime of violence while armed with a knife; to amend 22
	31	+	Title 23 of the District of Columbia Official Code to establish a rebuttable presumption in 23
	32	+	favor of detaining a person pretrial where there is probable cause that the person 24
	33	+	committed a violent crime, to change the standard of proof necessary to trigger a 25
	34	+	rebuttable presumption for certain serious crimes, to provide courts with discretion to 26
	35	+	make a misdemeanor arrest warrant extraditable, to clarify that GPS records from the 27
	36	+	Pretrial Services Agency are admissible in court, to direct the Court to expedite cases 28
	37	+	involving a child victim, and to create a new standalone offense of strangulation. 29
	38	+	30
	39	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 31
	40	+	act may be cited as the “Prioritizing Public Safety Temporary Amendment Act of 2023”. 32 ENGROSSED ORIGINAL
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52	46		2
53	47
54		-	Mayor for Public Safety and Justice to review each shooting from a services and response
55		-	perspective; and to require the Mayor to submit to the Council and post on its website a
56		-	firearm tracing date and accountability report.
57		-
58		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
59		-	act may be cited as the “Prioritizing Public Safety Temporary Amendment Act of 2023”.
60		-
61		-	Sec. 2. Section 214 of the Neighborhood Engagement Achieves Results Amendment Act
62		-	of 2016, effective June 30, 2016 (D.C. Law 21-125; D.C. Official Code § 7-2831), is amended as
63		-	follows:
64		-	(a) Subsection (c) is amended as follows:
65		-	(1) Paragraph (1) is amended to read as follows:
66		-	“(1) Upon approval of a rebate claim submitted pursuant to subsection (b) of this
67		-	section, the Program shall provide a rebate; provided, that the amount of the rebate shall not be
68		-	more than the purchase price of the system.”.
69		-	(2) Paragraph (3) is repealed.
70		-	(b) Subsection (e)(1)(C) is repealed.
71		-	(c) Subsection (f) is amended as follows:
72		-	(1) Paragraph (3) is amended by striking the phrase “; and” and inserting a
73		-	semicolon in its place.
74		-	(2) Paragraph (4) is amended by striking the period and inserting the phrase “;
75		-	and” in its place.
76		-	(3) A new paragraph (5) is added to read as follows:
77		-	“(5) The maximum amount of rebate that will be available under this section after
78		-	the applicability date of section 2(a)(1) of the Prioritizing Public Safety Temporary Amendment
79		-	Act of 2023, passed on 2nd reading on September 19, 2023 (Enrolled version of Bill 25-396).”.
80		-
81		-	Sec. 3. Section 16-2310(a-1)(1)(A) of the District of Columbia Official Code is amended
82		-	to read as follows:
83		-	“(A) Committed:
84		-	“(i) A dangerous crime or a crime of violence while armed with or
85		-	having readily available a knife, pistol, firearm, or imitation firearm; or
86		-	“(ii) Unarmed murder, first-degree sexual abuse, carjacking, or
87		-	assault with intent to commit any such offense; or”.
88		-
89		-	Sec. 4. Section 101(10)(D) of the Anti-Sexual Abuse Act of 1994, effective May 23,
90		-	1995 (D.C. Law 10-257; D.C. Official Code § 22-3001(10)(D)), is amended by striking the ENROLLED ORIGINAL
	48	+	Sec. 2. Section 214 of the Neighborhood Engagement Achieves Results Amendment Act 33
	49	+	of 2016, effective June 30, 2016 (D.C. Law 21-125; D.C. Official Code § 7-2831), is amended as 34
	50	+	follows: 35
	51	+	(a) Subsection (c) is amended as follows: 36
	52	+	(1) Paragraph (1) is amended to read as follows: 37
	53	+	“(1) Upon approval of a rebate claim submitted pursuant to subsection (b) of this 38
	54	+	section, the Program shall provide a rebate; provided, that the amount of the rebate shall not be 39
	55	+	more than the purchase price of the system.”. 40
	56	+	(2) Paragraph (3) is repealed. 41
	57	+	(b) Subsection (e)(1)(C) is repealed. 42
	58	+	(c) Subsection (f) is amended as follows: 43
	59	+	(1) Paragraph (3) is amended by striking the phrase “; and” and inserting a 44
	60	+	semicolon in its place. 45
	61	+	(2) Paragraph (4) is amended by striking the period and inserting the phrase “; 46
	62	+	and” in its place. 47
	63	+	(3) A new paragraph (5) is added to read as follows: 48
	64	+	“(5) The maximum amount of rebate that will be available under this section after 49
	65	+	the applicability date of section 2(a)(1) of the Prioritizing Public Safety Temporary Amendment 50
	66	+	Act of 2023, as introduced on July 11, 2023 (Bill 25-XXX).”. 51 ENGROSSED ORIGINAL
91	67
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95	71
96	72		3
97	73
98		-	phrase “employee or volunteer” and inserting the phrase “employee, contractor, or volunteer” in
99		-	its place.
100		-
101		-	Sec. 5. Section 1501 of the Criminal Justice Coordinating Council for the District of
102		-	Columbia Establishment Act of 2011, effective October 3, 2001 (D.C. Law 14-28; D.C. Official
103		-	Code § 22-4234), is amended by adding new subsections (b-5) and (b-6) to read as follows:
104		-	“(b-5) By October 1, 2023, and on a quarterly basis thereafter, the CJCC shall submit to the
105		-	Mayor and the Council and post on its website a report that includes the following information, in
106		-	accordance with existing law:
107		-	“(1) Aggregate programmatic data on process and outcome of programs, including
108		-	diversion; and
109		-	“(2) Aggregate outcomes of alternative dispositions and sentencing agreements.
110		-	“(b-6) The CJCC shall post the following year-to-date data on its website monthly, beginning
111		-	with the earliest year for which CJCC is able to obtain historical data:
112		-	“(1) Arrests for violent crimes committed by juveniles and adults, by offense; and
113		-	“(2) Gun violence and homicide counts and rates citywide and by ward,
114		-	neighborhood, and police service area.”.
115		-
116		-	Sec. 6. An Act To control the possession, sale, transfer and use of pistols and other
117		-	dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of
118		-	evidence, and for other purposes, approved July 8, 1932 (47 Stat. 650; D.C. Official Code § 22-
119		-	4501 et seq.), is amended as follows:
120		-	(a) Section 1 (D.C. Official Code § 22-4501) is amended as follows:
121		-	(1) A new paragraph (4A) is added to read as follows:
122		-	“(4A) “Open to the general public” means a location:
123		-	“(A) To which the public is invited; and
124		-	“(B) For which no payment, membership, affiliation, appointment,
125		-	or special permission is required for an adult to enter, other than proof of age or a security
126		-	screening.”.
127		-	(2) Paragraph (7A) is redesignated as paragraph (7B).
128		-	(3) A new paragraph (7A) is added to read as follows:
129		-	“(7A) “Public conveyance” means any government-operated air, land, or water
130		-	vehicle used for the transportation of persons, including any airplane, train, bus, or boat.”.
131		-	(b) A new section 3c is added to read as follows:
132		-	“Sec. 3c. Endangerment with a firearm.
133		-	“(a) A person commits endangerment with a firearm when the person:
134		-	“(1) Knowingly discharges a projectile from a firearm outside a licensed firing
135		-	range; and
136		-	“(2) Either: ENROLLED ORIGINAL
	74	+	Sec. 3. Section 16-2310(a-1)(1)(A) of the District of Columbia Official Code is amended 52
	75	+	to read as follows: 53
	76	+	“(A) Committed: 54
	77	+	“(i) A dangerous crime or a crime of violence while armed with or 55
	78	+	having readily available a knife, pistol, firearm, or imitation firearm; or 56
	79	+	“(ii) Unarmed murder, first-degree sexual abuse, carjacking, or 57
	80	+	assault with intent to commit any such offense; or”. 58
	81	+	Sec. 4. Section 101(10)(D) of the Anti-Sexual Abuse Act of 1994, effective May 23, 59
	82	+	1995 (D.C. Law 10-257; D.C. Official Code § 22-3001(10)(D)), is amended by striking the 60
	83	+	phrase “employee or volunteer” and inserting the phrase “employee, contractor, or volunteer” in 61
	84	+	its place. 62
	85	+	Sec. 5. Section 1501 of the Criminal Justice Coordinating Council for the District of 63
	86	+	Columbia Establishment Act of 2011, effective October 3, 2001 (D.C. Law 14-28; D.C. Official 64
	87	+	Code § 22-4234), is amended by adding a new subsection (b-5) to read as follows: 65
	88	+	“(b-5) By October 1, 2023, and on a quarterly basis thereafter, the CJCC shall submit to 66
	89	+	the Mayor and the Council and post on its website a report that includes the following 67
	90	+	information, in accordance with existing law: 68
	91	+	“(1) Aggregate programmatic data on process and outcome of programs, 69
	92	+	including diversion; and 70 ENGROSSED ORIGINAL
137	93
138	94
139	95
140	96
141	97
142	98		4
143	99
144		-	“(A) The person knows that the discharged projectile creates a substantial
145		-	risk of death or bodily injury to another person; or
146		-	“(B) In fact:
147		-	“(i) The person is in, or the discharged projectile travels through or
148		-	stops in, a location that is:
149		-	“(I) Open to the general public at the time of the offense;
150		-	“(II) A communal area of multi-unit housing; or
151		-	“(III) Inside a public conveyance or a rail station; and
152		-	“(ii) The person does not have permission to discharge a projectile
153		-	from a firearm under:
154		-	“(I) A written permit issued by the Metropolitan Police
155		-	Department; or
156		-	“(II) Other District or federal law.
157		-	“(b) Whoever violates this section shall upon conviction be fined no more than the
158		-	amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012,
159		-	effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-357.01), or incarcerated for
160		-	no more than 2 years, or both.
161		-	“(c) When arising from the same act or course of conduct, a conviction for an offense
162		-	under this section shall merge with a conviction:
163		-	“(1) Under section 3a; or
164		-	“(2) For another offense outside of this act that has, as an element in the offense
165		-	definition or in the applicable penalty enhancement, possessing or having readily available a
166		-	firearm, imitation firearm, or dangerous weapon.
167		-	“(d) No mental state shall be required as to any element under subsection (a)(2)(B) of this
168		-	section.
169		-	“(e) It shall be a defense to liability under this section that the person discharged a
170		-	firearm under circumstances constituting lawful self-defense or defense of others.”.
171		-
172		-	Sec. 7. Title 23 of the District of Columbia Official Code is amended as follows:
173		-	(a) Section 23-563(b) is amended to read as follows:
174		-	“(b)(1) A warrant or summons issued by the Superior Court of the District of Columbia
175		-	for an offense punishable by imprisonment for not more than one year, or by a fine only, or by
176		-	such imprisonment and a fine:
177		-	“(A)(i) May be served in any place in the District of Columbia; or
178		-	“(ii) May be served at any place within the jurisdiction of the
179		-	United States, if a judicial officer of the Superior Court of the District of Columbia finds that
180		-	good cause exists for the warrant or summons to be served at any place within the jurisdiction of
181		-	the United States; and ENROLLED ORIGINAL
	100	+	“(2) Aggregate outcomes of alternative dispositions and sentencing agreements.”. 71
	101	+	Sec. 5. Section 1501 of the Criminal Justice Coordinating Council for the District of 72
	102	+	Columbia Establishment Act of 2011, effective October 3, 2001 (D.C. Law 14-28; D.C. Official 73
	103	+	Code § 22-4234), is amended by adding new subsections (b-5) and (b-6) to read as follows: 74
	104	+	“(b-5) By October 1, 2023, and on a quarterly basis thereafter, the CJCC shall submit to the 75
	105	+	Mayor and the Council and post on its website a report that includes the following information, in 76
	106	+	accordance with existing law: 77
	107	+	“(1) Aggregate programmatic data on process and outcome of programs, including 78
	108	+	diversion; and 79
	109	+	“(2) Aggregate outcomes of alternative dispositions and sentencing agreements. 80
	110	+	“(b-6) The CJCC shall post the following year-to-date data on its website monthly, beginning 81
	111	+	with the earliest year for which CJCC is able to obtain historical data: 82
	112	+	“(1) Arrests for violent crimes committed by juveniles and adults, by offense; and 83
	113	+	“(2) Gun violence and homicide counts and rates citywide and by ward, 84
	114	+	neighborhood, and police service area.”. 85
	115	+	Sec. 6. An Act To control the possession, sale, transfer and use of pistols and other 86
	116	+	dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of 87
	117	+	evidence, and for other purposes, approved July 8, 1932 (47 Stat. 650; D.C. Official Code § 22-88
	118	+	4501 et seq.), is amended as follows: 89
	119	+	(a) Section 1 (D.C. Official Code § 22-4501) is amended as follows: 90 ENGROSSED ORIGINAL
182	120
183	121
184	122
185	123
186	124
187	125		5
188	126
189		-	“(B) May not be executed more than one year after the date of issuance.
190		-	“(2) Good cause for the warrant or summons to be served at any place within the
191		-	jurisdiction of the United States is presumed where the warrant or summons is for an intrafamily
192		-	offense, as defined in § 16-1001(8), or where the warrant or summons is for an offense under
193		-	Chapter 30 of Title 22 of the District of Columbia Official Code.”.
194		-	(b) Section 23-1303(d) is amended to read as follows:
195		-	“(d) Any information contained in the agency’s files, presented in its report, or divulged
196		-	during the course of any hearing shall not be admissible on the issue of guilt in any judicial
197		-	proceeding, but such information may be used in proceedings under §§ 23-1327, 23-1328, and
198		-	23-1329, in perjury proceedings, and for the purposes of impeachment in any subsequent
199		-	proceeding. Any information obtained from a device, as that term is defined in § 22-1211(a)(2),
200		-	may be used on the issue of guilt in any judicial proceeding.”.
201		-	(c) Section 23-1322 is amended as follows:
202		-	(1) Subsection (c) is amended as follows:
203		-	(A) Paragraph (1) is amended by striking the phrase “or a crime of
204		-	violence, as these crimes are defined” and inserting the phrase “, as that crime is defined” in its
205		-	place.
206		-	(B) Paragraph (3) is amended by striking the phrase “or a crime of
207		-	violence, as these crimes are defined” and inserting the phrase “, as that crime is defined” in its
208		-	place.
209		-	(C) Paragraph (4) is amended by striking the phrase “crime or a crime of
210		-	violence” and inserting the word “crime” in its place.
211		-	(D) Paragraph (5) is amended by striking the phrase “crimes or crimes of
212		-	violence” and inserting the word “crimes” in its place.
213		-	(E) Paragraph (6) is repealed.
214		-	(F) Paragraph (7) is amended by striking the phrase “; or” and inserting a
215		-	semicolon in its place.
216		-	(G) Paragraph (8) is amended by striking the period and inserting the
217		-	phrase “; or” in its place.
218		-	(H) A new paragraph (9) is added to read as follows:
219		-	“(9) Committed a crime of violence, as that term is defined in § 23-1331(4).”.
220		-	(d) Section 23-1325(a) is amended by striking the phrase “a substantial probability” and
221		-	inserting the phrase “probable cause” in its place.
222		-	(e) Section 23-1903(d) is amended as follows:
223		-	(1) Strike the phrase “child is called to give testimony” and insert the phrase
224		-	“child is a victim or is called to give testimony” in its place. ENROLLED ORIGINAL
	127	+	(1) A new paragraph (4A) is added to read as follows: 91
	128	+	“(4A) “Open to the general public” means a location: 92
	129	+	“(A) To which the public is invited; and 93
	130	+	“(B) For which no payment, membership, affiliation, appointment, 94
	131	+	or special permission is required for an adult to enter, other than proof of age or a security 95
	132	+	screening.”. 96
	133	+	(2) Paragraph (7A) is redesignated as paragraph (7B). 97
	134	+	(3) A new paragraph (7A) is added to read as follows: 98
	135	+	“(7A) “Public conveyance” means any government-operated air, land, or water 99
	136	+	vehicle used for the transportation of persons, including any airplane, train, bus, or boat.”. 100
	137	+	(b) A new section 3c is added to read as follows: 101
	138	+	“Sec. 3c. Endangerment with a firearm. 102
	139	+	“(a) A person commits endangerment with a firearm when the person: 103
	140	+	“(1) Knowingly discharges a projectile from a firearm outside a licensed firing 104
	141	+	range; and 105
	142	+	“(2) Either: 106
	143	+	“(A) The person knows that the discharged projectile creates a substantial 107
	144	+	risk of death or bodily injury to another person; or 108
	145	+	“(B) In fact: 109 ENGROSSED ORIGINAL
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227	148
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229	150
230	151		6
231	152
232		-	(2) Strike the phrase “granting a continuance in cases involving a child witness”
233		-	and insert the phrase “granting a continuance in cases involving a child victim or child witness”
234		-	in its place.
235		-
236		-	Sec. 8. An Act To establish a code of law for the District of Columbia, approved March
237		-	3, 1901 (31 Stat. 1189; D.C. Official Code passim), is amended by adding a new section 806d to
238		-	read as follows:
239		-	“Sec. 806d. Strangulation.
240		-	“(a) A person commits the offense of strangulation if that person knowingly,
241		-	intentionally, or recklessly restricts the normal circulation of the blood or breathing of another
242		-	person, either by applying pressure on the throat, neck, or chest of another person, or by blocking
243		-	the nose or mouth of another person.
244		-	“(b) Except for as provided in subsection (c) of this section, a person convicted of
245		-	strangulation shall be fined no more than the amount set forth in section 101 of the Criminal Fine
246		-	Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C.
247		-	Official Code § 22-3571.01), or incarcerated for no more than 5 years, or both.
248		-	“(c) A person convicted of strangulation may be fined up to 1½ times the maximum fine
249		-	otherwise authorized under this section and may be incarcerated for a term of up to 1½ times the
250		-	maximum term of incarceration otherwise authorized under this section, or both, if:
251		-	“(1) The victim sustained serious bodily injury, as that term is defined in section
252		-	101(7) of the Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; D.C.
253		-	Official Code § 22-3001(7)), as a result of the offense;
254		-	“(2) The person was, at the time of the offense, required to stay away from or
255		-	have no contact with the victim as a condition of their parole or supervised release or pursuant to
256		-	a court order; or
257		-	“(3) The person was, within 5 years of commission of the strangulation offense,
258		-	convicted of either an intrafamily offense, as defined in D.C. Official Code § 16-1001(8), or a
259		-	similar offense in the law of another jurisdiction.”.
260		-
261		-	Sec. 9. Section 386(c) of the Revised Statutes of the District of Columbia (D.C. Official
262		-	Code § 5-113.01(c)), is amended by adding a new paragraph (1B) to read as follows:
263		-	“(1B) Quarterly, the case closure rates for:
264		-	“(A) Violent crimes, by offense, committed with or without the use of a
265		-	weapon; and
266		-	“(B) Non-fatal shootings.”.
267		-
268		-	Sec. 10. Title X of the Firearms Control Regulations Act of 1975, effective April 27,
269		-	2021 (D.C. Law 23-274; D.C. Official Code § 7-2510.01 et seq.), is amended as follows: ENROLLED ORIGINAL
	153	+	“(i) The person is in, or the discharged projectile travels through or 110
	154	+	stops in, a location that is: 111
	155	+	“(I) Open to the general public at the time of the offense; 112
	156	+	“(II) A communal area of multi-unit housing; or 113
	157	+	“(III) Inside a public conveyance or a rail station; and 114
	158	+	“(ii) The person does not have permission to discharge a projectile 115
	159	+	from a firearm under: 116
	160	+	“(I) A written permit issued by the Metropolitan Police 117
	161	+	Department; or 118
	162	+	“(II) Other District or federal law. 119
	163	+	“(b) Whoever violates this section shall upon conviction be fined no more than the 120
	164	+	amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, 121
	165	+	effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-357.01), or incarcerated for 122
	166	+	no more than 2 years, or both. 123
	167	+	“(c) When arising from the same act or course of conduct, a conviction for an offense 124
	168	+	under this section shall merge with a conviction: 125
	169	+	“(1) Under section 3a; or 126 ENGROSSED ORIGINAL
270	170
271	171
272	172
273	173
274	174
275	175		7
276	176
277		-	(a) Section 1013 (D.C. Official Code § 7-2510.13) is amended as follows:
278		-	(1) Subsection (c) is amended by striking the phrase “Working Group” and
279		-	inserting the phrase “Working Group, and shall convene the Working Group no later than
280		-	September 1, 2023” in its place.
281		-	(2) Subsection (e) is amended by striking the phrase “January 1, 2023” and
282		-	inserting the phrase “January 1, 2025” in its place.
283		-	(b) A new section 1014 is added to read as follows:
284		-	“Sec. 1014. Public awareness initiatives.
285		-	“By September 1, 2023:
286		-	“(1) The Metropolitan Police Department shall prominently display information
287		-	about extreme risk protection orders, including the petition process, on its website; and
288		-	“(2) The Office of the Attorney General shall develop and implement a public
289		-	awareness campaign to inform residents, professionals, and District government employees
290		-	about extreme risk protection orders, including the petition process.”.
291		-
292		-	Sec. 11. Implementation of strategic gun violence reduction strategies.
293		-	(a)(1) The Metropolitan Police Department shall facilitate a Law Enforcement Shooting
294		-	Review no less than twice per month to review each shooting in the District that occurred since
295		-	the last Shooting Review, including non-fatal shootings.
296		-	(2) The purpose of such Law Enforcement Shooting Reviews shall be to identify
297		-	shooting dynamics, potential retaliation, and necessary law enforcement or other government
298		-	agency contacts or interventions with persons involved in the reviewed shootings, and then
299		-	assign responsibilities for immediate interventions.
300		-	(b) The Deputy Mayor for Public Safety and Justice shall coordinate a Coordination
301		-	Meeting/Intervention Services Shooting Review no less than twice per month to review each
302		-	shooting in the District that occurred since the last Shooting Review from a services and
303		-	response perspective, in order to identify and assign government and community partners to
304		-	outreach and engage those high-risk individuals implicated by the shootings.
305		-
306		-	Sec. 12. Firearm tracing data and accountability report.
307		-	(a) By January 1, 2024, the Mayor shall submit to the Council and post on its website a
308		-	report that includes the following information:
309		-	(1) The total number of firearms recovered in the District;
310		-	(2) The location where each firearm was recovered, disaggregated by police
311		-	district;
312		-	(3) The total number of ghost guns recovered in the District; ENROLLED ORIGINAL
	177	+	“(2) For another offense outside of this act that has, as an element in the offense 127
	178	+	definition or in the applicable penalty enhancement, possessing or having readily available a 128
	179	+	firearm, imitation firearm, or dangerous weapon. 129
	180	+	“(d) No mental state shall be required as to any element under subsection (a)(2)(B) of this 130
	181	+	section. 131
	182	+	“(e) It shall be a defense to liability under this section that the person discharged a 132
	183	+	firearm under circumstances constituting lawful self-defense or defense of others.”. 133
	184	+	Sec. 7. Title 23 of the District of Columbia Official Code is amended as follows: 134
	185	+	(a) Section 23-563(b) is amended to read as follows: 135
	186	+	“(b)(1) A warrant or summons issued by the Superior Court of the District of Columbia 136
	187	+	for an offense punishable by imprisonment for not more than one year, or by a fine only, or by 137
	188	+	such imprisonment and a fine: 138
	189	+	“(A)(i) May be served in any place in the District of Columbia; or 139
	190	+	“(ii) May be served at any place within the jurisdiction of the 140
	191	+	United States, if a judicial officer of the Superior Court of the District of Columbia finds that 141
	192	+	good cause exists for the warrant or summons to be served at any place within the jurisdiction of 142
	193	+	the United States; and 143
	194	+	“(B) May not be executed more than one year after the date of issuance. 144 ENGROSSED ORIGINAL
313	195
314	196
315	197
316	198
317	199
318	200		8
319	201
320		-	(4) The number of firearms recovered, disaggregated by, if available,
321		-	manufacturer, firearm model, state or country of origin, and the last known point of sale, transfer,
322		-	theft, or loss of such firearm; and
323		-	(5) To the extent possible, an analysis of purchase patterns with the available
324		-	information from the firearms recovered.
325		-	(b) The Mayor shall begin collecting this information not later than 15 days after the
326		-	effective date of this act.
327		-	(c) For the purposes of this section, the term ”ghost gun” shall have the same meaning as
328		-	provided in section 101(9B) of the Firearms Control Regulations Act of 1975, effective
329		-	September 24, 1976 (D.C. Law 1-85; D.C. Official Code § 7-2501.01(9B)).
330		-
331		-	Sec. 13. Applicability.
332		-	Section 2(a)(1) shall apply upon the effective date of the rules issued pursuant to section
333		-	214(f)(5) of the Neighborhood Engagement Achieves Results Amendment Act of 2016, effective
334		-	June 30, 2016 (D.C. Law 21-125; D.C. Official Code § 7-2831(f)(5)).
335		-
336		-	Sec. 14. Fiscal impact statement.
337		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
338		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
339		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
340		-
341		-	Sec. 15. Effective date.
342		-	(a) This act shall take effect following approval by the Mayor (or in the event of veto by
343		-	the Mayor, action by the Council to override the veto), a 60-day period of congressional review
344		-	as provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December
345		-	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)), and publication in the District of
346		-	Columbia Register.
347		-
348		-
349		-
350		-
351		-
352		-
353		-
354		-
355		-
356		-
357		-	ENROLLED ORIGINAL
	202	+	“(2) Good cause for the warrant or summons to be served at any place within the 145
	203	+	jurisdiction of the United States is presumed where the warrant or summons is for an intrafamily 146
	204	+	offense, as defined in § 16-1001(8), or where the warrant or summons is for an offense under 147
	205	+	Chapter 30 of Title 22 of the District of Columbia Official Code.”. 148
	206	+	(b) Section 23-1303(d) is amended to read as follows: 149
	207	+	“(d) Any information contained in the agency’s files, presented in its report, or divulged 150
	208	+	during the course of any hearing shall not be admissible on the issue of guilt in any judicial 151
	209	+	proceeding, but such information may be used in proceedings under §§ 23-1327, 23-1328, and 152
	210	+	23-1329, in perjury proceedings, and for the purposes of impeachment in any subsequent 153
	211	+	proceeding. Any information obtained from a device, as that term is defined in § 22-1211(a)(2), 154
	212	+	may be used on the issue of guilt in any judicial proceeding.”. 155
	213	+	(c) Section 23-1322 is amended as follows: 156
	214	+	(1) Subsection (c) is amended as follows: 157
	215	+	(A) Paragraph (1) is amended by striking the phrase “or a crime of 158
	216	+	violence, as these crimes are defined” and inserting the phrase “, as that crime is defined” in its 159
	217	+	place. 160
	218	+	(B) Paragraph (3) is amended by striking the phrase “or a crime of 161
	219	+	violence, as these crimes are defined” and inserting the phrase “, as that crime is defined” in its 162
	220	+	place. 163 ENGROSSED ORIGINAL
358	221
359	222
360	223
361	224
362	225
363	226		9
364	227
365		-	(b) This act shall expire after 225 days of its having taken effect.
	228	+	(C) Paragraph (4) is amended by striking the phrase “crime or a crime of 164
	229	+	violence” and inserting the word “crime” in its place. 165
	230	+	(D) Paragraph (5) is amended by striking the phrase “crimes or crimes of 166
	231	+	violence” and inserting the word “crimes” in its place. 167
	232	+	(E) Paragraph (6) is repealed. 168
	233	+	(F) Paragraph (7) is amended by striking the phrase “; or” and inserting a 169
	234	+	semicolon in its place. 170
	235	+	(G) Paragraph (8) is amended by striking the period and inserting the 171
	236	+	phrase “; or” in its place. 172
	237	+	(H) A new paragraph (9) is added to read as follows: 173
	238	+	“(9) Committed a crime of violence, as that term is defined in § 23-1331(4).”. 174
	239	+	(d) Section 23-1325(a) is amended by striking the phrase “a substantial probability” and 175
	240	+	inserting the phrase “probable cause” in its place. 176
	241	+	(e) Section 23-1903(d) is amended as follows: 177
	242	+	(1) Strike the phrase “child is called to give testimony” and insert the phrase 178
	243	+	“child is a victim or is called to give testimony” in its place. 179
	244	+	(2) Strike the phrase “granting a continuance in cases involving a child witness” 180
	245	+	and insert the phrase “granting a continuance in cases involving a child victim or child witness” 181
	246	+	in its place. 182 ENGROSSED ORIGINAL
366	247
367	248
368	249
369	250
370		-	______________________________
371		-	Chairman
372		-	Council of the District of Columbia
	251	+
	252	+	10
	253	+
	254	+	Sec. 8. An Act To establish a code of law for the District of Columbia, approved March 183
	255	+	3, 1901 (31 Stat. 1189; D.C. Official Code passim), is amended by adding a new section 806d to 184
	256	+	read as follows: 185
	257	+	“Sec. 806d. Strangulation. 186
	258	+	“(a) A person commits the offense of strangulation if that person knowingly, 187
	259	+	intentionally, or recklessly restricts the normal circulation of the blood or breathing of another 188
	260	+	person, either by applying pressure on the throat, neck, or chest of another person, or by blocking 189
	261	+	the nose or mouth of another person. 190
	262	+	“(b) Except for as provided in subsection (c) of this section, a person convicted of 191
	263	+	strangulation shall be fined no more than the amount set forth in section 101 of the Criminal Fine 192
	264	+	Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. 193
	265	+	Official Code § 22-3571.01), or incarcerated for no more than 5 years, or both. 194
	266	+	“(c) A person convicted of strangulation may be fined up to 1½ times the maximum fine 195
	267	+	otherwise authorized under this section and may be incarcerated for a term of up to 1½ times the 196
	268	+	maximum term of incarceration otherwise authorized under this section, or both, if: 197
	269	+	“(1) The victim sustained serious bodily injury, as that term is defined in section 198
	270	+	101(7) of the Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; D.C. 199
	271	+	Official Code § 22-3001(7)), as a result of the offense; 200 ENGROSSED ORIGINAL
373	272
374	273
375	274
376	275
377		-	_________________________________
378		-	Mayor
379		-	District of Columbia
380	276
	277	+	11
	278	+
	279	+	“(2) The person was, at the time of the offense, required to stay away from or 201
	280	+	have no contact with the victim as a condition of their parole or supervised release or pursuant to 202
	281	+	a court order; or 203
	282	+	“(3) The person was, within 5 years of commission of the strangulation offense, 204
	283	+	convicted of either an intrafamily offense, as defined in D.C. Official Code § 16-1001(8), or a 205
	284	+	similar offense in the law of another jurisdiction.”. 206
	285	+	Sec. 8a. Section 386(c) of the Revised Statutes of the District of Columbia (D.C. Official 207
	286	+	Code § 5-113.01(c)), is amended by adding a new paragraph (1B) to read as follows: 208
	287	+	“(1B) Quarterly, the case closure rates for: 209
	288	+	“(A) Violent crimes, by offense, committed with or without the use of a 210
	289	+	weapon; and 211
	290	+	“(B) Non-fatal shootings.”. 212
	291	+	Sec. 8b. Title X of the Firearms Control Regulations Act of 1975, effective April 27, 2021 213
	292	+	(D.C. Law 23-274; D.C. Official Code § 7-2510.01 et seq.), is amended as follows: 214
	293	+	(a) Section 1013 (D.C. Official Code § 7-2510.13) is amended as follows: 215
	294	+	(1) Subsection (c) is amended by striking the phrase “Working Group” and inserting 216
	295	+	the phrase “Working Group, and shall convene the Working Group no later than September 1, 2023” 217
	296	+	in its place. 218
	297	+	(2) Subsection (e) is amended by striking the phrase “January 1, 2023” and inserting 219
	298	+	the phrase “January 1, 2025” in its place. 220 ENGROSSED ORIGINAL
	299	+
	300	+
	301	+
	302	+
	303	+
	304	+	12
	305	+
	306	+	(b) A new section 1014 is added to read as follows: 221
	307	+	“Sec. 1014. Public awareness initiatives. 222
	308	+	“By September 1, 2023: 223
	309	+	“(1) The Metropolitan Police Department shall prominently display information 224
	310	+	about extreme risk protection orders, including the petition process, on its website; and 225
	311	+	“(2) The Office of the Attorney General shall develop and implement a public 226
	312	+	awareness campaign to inform residents, professionals, and District government employees about 227
	313	+	extreme risk protection orders, including the petition process.”. 228
	314	+	Sec. 8c. Implementation of strategic gun violence reduction strategies. 229
	315	+	(a)(1) The Metropolitan Police Department shall facilitate a Law Enforcement Shooting 230
	316	+	Review no less than twice per month to review each shooting in the District that occurred since the 231
	317	+	last Shooting Review, including non-fatal shootings. 232
	318	+	(2) The purpose of such Law Enforcement Shooting Reviews shall be to identify 233
	319	+	shooting dynamics, potential retaliation, and necessary law enforcement or other government agency 234
	320	+	contacts or interventions with persons involved in the reviewed shootings, and then assign 235
	321	+	responsibilities for immediate interventions. 236
	322	+	(b) The Deputy Mayor for Public Safety and Justice shall coordinate a Coordination 237
	323	+	Meeting/Intervention Services Shooting Review no less than twice per month to review each 238
	324	+	shooting in the District that occurred since the last Shooting Review from a services and response 239 ENGROSSED ORIGINAL
	325	+
	326	+
	327	+
	328	+
	329	+
	330	+	13
	331	+
	332	+	perspective, in order to identify and assign government and community partners to outreach and 240
	333	+	engage those high-risk individuals implicated by the shootings. 241
	334	+	Sec. 9. Firearm Tracing Data and Accountability Report. 242
	335	+	(a) By January 1, 2024, the Mayor shall submit to the Council and post on its website a 243
	336	+	report that includes the following information: 244
	337	+	(1) The total number of firearms recovered in the District; 245
	338	+	(2) The location where the firearm was recovered, disaggregated by police 246
	339	+	district; 247
	340	+	(3) The total number of ghost guns recovered in the District; 248
	341	+	(4) The number of firearms recovered, disaggregated by, if available, 249
	342	+	manufacturer, firearm model, state or country of origin, and the last known point of sale, transfer, 250
	343	+	theft, or loss of such firearm; and 251
	344	+	(5) To the extent possible, an analysis of purchase patterns with the available 252
	345	+	information from the firearms recovered. 253
	346	+	(b) The mayor shall begin collecting this information not later than 15 days after the 254
	347	+	applicability date of the Prioritizing Public Safety Emergency Amendment Act of 2023. 255
	348	+	(c) For the purposes of this section, the term: 256 ENGROSSED ORIGINAL
	349	+
	350	+
	351	+
	352	+
	353	+
	354	+	14
	355	+
	356	+	(1) “Ghost gun” shall have the same meaning as provided in Section 101 of the 257
	357	+	Firearms Control Regulations Act of 1975, effective September 24, 1976 (D.C. Law 1-85; D.C. 258
	358	+	Official Code § 7-2501.01). 259
	359	+	Sec. 9. Applicability. 260
	360	+	Section 2(a)(1) shall apply upon the effective date of the rules issued pursuant to section 261
	361	+	214(f)(5) of the Neighborhood Engagement Achieves Results Amendment Act of 2016, effective 262
	362	+	June 30, 2016 (D.C. Law 21-125; D.C. Official Code § 7-2831(f)(5)). 263
	363	+	Sec. 10. Fiscal impact statement. 264
	364	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 265
	365	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 266
	366	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 267
	367	+	Sec. 11. Effective date. 268
	368	+	(a) This act shall take effect following approval by the Mayor (or in the event of veto by 269
	369	+	the Mayor, action by the Council to override the veto), a 60-day period of Congressional review 270
	370	+	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 271
	371	+	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 272
	372	+	Columbia Register. 273
	373	+	(b) This act shall expire after 225 days of its having taken effect. 274