ENROLLED ORIGINAL
1
AN ACT
____________
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
_________________________
To amend, on a temporary basis, the Neighborhood Engagement Achieves Results Amendment
Act of 2016 to enhance the Private Security Camera System Incentive Program by
removing the program rebate cap; to amend the Anti-Sexual Abuse Act of 1994 to clarify
the definition of significant relationship in sexual abuse cases; to amend the Criminal
Justice Coordinating Council for the District of Columbia Establishment Act of 2011 to
require that all participating entities in the Criminal Justice Coordinating Council report
aggregate programmatic data on process and outcomes of programs, and to require the
Criminal Justice Coordinating Council to publish data related to arrests for violent
crimes, gun violence, and homicide counts and rates; to amend An Act To control the
possession, sale, transfer and use of pistols and other dangerous weapons in the District
of Columbia, to provide penalties, to prescribe rules of evidence, and for other purposes
to establish an offense of endangerment with a firearm; to amend section 16-2310 of the
District of Columbia Official Code to establish a rebuttable presumption that pre-hearing
detention is necessary where there is a substantial probability that the youth committed
certain serious violent crimes or committed a dangerous crime or crime of violence while
armed with a knife; to amend Title 23 of the District of Columbia Official Code to
establish a rebuttable presumption in favor of detaining a person pretrial where there is
probable cause that the person committed a violent crime, to change the standard of proof
necessary to trigger a rebuttable presumption for certain serious crimes, to provide courts
with discretion to make a misdemeanor arrest warrant extraditable, to clarify that GPS
records from the Pretrial Services Agency are admissible in court on the issue of guilt,
and to direct the Court to expedite cases involving a child victim; to amend An Act To
establish a code of law for the District of Columbia to create a new standalone offense of
strangulation; to require the Metropolitan Police Department to publish closure
information for all violent crimes and non-fatal shootings; to revive the Extreme Risk
Protection Order Implementation Working Group and to require the Metropolitan Police
Department and the Office of the Attorney General to assist publicizing information
about extreme risk protection orders; to require the Metropolitan Police Department to
review every shooting to inform immediate interventions, and to require the Deputy ENROLLED ORIGINAL
2
Mayor for Public Safety and Justice to review each shooting from a services and response
perspective; and to require the Mayor to submit to the Council and post on its website a
firearm tracing date and accountability report.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “Prioritizing Public Safety Temporary Amendment Act of 2023”.
Sec. 2. Section 214 of the Neighborhood Engagement Achieves Results Amendment Act
of 2016, effective June 30, 2016 (D.C. Law 21-125; D.C. Official Code § 7-2831), is amended as
follows:
(a) Subsection (c) is amended as follows:
(1) Paragraph (1) is amended to read as follows:
“(1) Upon approval of a rebate claim submitted pursuant to subsection (b) of this
section, the Program shall provide a rebate; provided, that the amount of the rebate shall not be
more than the purchase price of the system.”.
(2) Paragraph (3) is repealed.
(b) Subsection (e)(1)(C) is repealed.
(c) Subsection (f) is amended as follows:
(1) Paragraph (3) is amended by striking the phrase “; and” and inserting a
semicolon in its place.
(2) Paragraph (4) is amended by striking the period and inserting the phrase “;
and” in its place.
(3) A new paragraph (5) is added to read as follows:
“(5) The maximum amount of rebate that will be available under this section after
the applicability date of section 2(a)(1) of the Prioritizing Public Safety Temporary Amendment
Act of 2023, passed on 2nd reading on September 19, 2023 (Enrolled version of Bill 25-396).”.
Sec. 3. Section 16-2310(a-1)(1)(A) of the District of Columbia Official Code is amended
to read as follows:
“(A) Committed:
“(i) A dangerous crime or a crime of violence while armed with or
having readily available a knife, pistol, firearm, or imitation firearm; or
“(ii) Unarmed murder, first-degree sexual abuse, carjacking, or
assault with intent to commit any such offense; or”.
Sec. 4. Section 101(10)(D) of the Anti-Sexual Abuse Act of 1994, effective May 23,
1995 (D.C. Law 10-257; D.C. Official Code § 22-3001(10)(D)), is amended by striking the ENROLLED ORIGINAL
3
phrase “employee or volunteer” and inserting the phrase “employee, contractor, or volunteer” in
its place.
Sec. 5. Section 1501 of the Criminal Justice Coordinating Council for the District of
Columbia Establishment Act of 2011, effective October 3, 2001 (D.C. Law 14-28; D.C. Official
Code § 22-4234), is amended by adding new subsections (b-5) and (b-6) to read as follows:
“(b-5) By October 1, 2023, and on a quarterly basis thereafter, the CJCC shall submit to the
Mayor and the Council and post on its website a report that includes the following information, in
accordance with existing law:
“(1) Aggregate programmatic data on process and outcome of programs, including
diversion; and
“(2) Aggregate outcomes of alternative dispositions and sentencing agreements.
“(b-6) The CJCC shall post the following year-to-date data on its website monthly, beginning
with the earliest year for which CJCC is able to obtain historical data:
“(1) Arrests for violent crimes committed by juveniles and adults, by offense; and
“(2) Gun violence and homicide counts and rates citywide and by ward,
neighborhood, and police service area.”.
Sec. 6. An Act To control the possession, sale, transfer and use of pistols and other
dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of
evidence, and for other purposes, approved July 8, 1932 (47 Stat. 650; D.C. Official Code § 22-
4501 et seq.), is amended as follows:
(a) Section 1 (D.C. Official Code § 22-4501) is amended as follows:
(1) A new paragraph (4A) is added to read as follows:
“(4A) “Open to the general public” means a location:
“(A) To which the public is invited; and
“(B) For which no payment, membership, affiliation, appointment,
or special permission is required for an adult to enter, other than proof of age or a security
screening.”.
(2) Paragraph (7A) is redesignated as paragraph (7B).
(3) A new paragraph (7A) is added to read as follows:
“(7A) “Public conveyance” means any government-operated air, land, or water
vehicle used for the transportation of persons, including any airplane, train, bus, or boat.”.
(b) A new section 3c is added to read as follows:
“Sec. 3c. Endangerment with a firearm.
“(a) A person commits endangerment with a firearm when the person:
“(1) Knowingly discharges a projectile from a firearm outside a licensed firing
range; and
“(2) Either: ENROLLED ORIGINAL
4
“(A) The person knows that the discharged projectile creates a substantial
risk of death or bodily injury to another person; or
“(B) In fact:
“(i) The person is in, or the discharged projectile travels through or
stops in, a location that is:
“(I) Open to the general public at the time of the offense;
“(II) A communal area of multi-unit housing; or
“(III) Inside a public conveyance or a rail station; and
“(ii) The person does not have permission to discharge a projectile
from a firearm under:
“(I) A written permit issued by the Metropolitan Police
Department; or
“(II) Other District or federal law.
“(b) Whoever violates this section shall upon conviction be fined no more than the
amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012,
effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-357.01), or incarcerated for
no more than 2 years, or both.
“(c) When arising from the same act or course of conduct, a conviction for an offense
under this section shall merge with a conviction:
“(1) Under section 3a; or
“(2) For another offense outside of this act that has, as an element in the offense
definition or in the applicable penalty enhancement, possessing or having readily available a
firearm, imitation firearm, or dangerous weapon.
“(d) No mental state shall be required as to any element under subsection (a)(2)(B) of this
section.
“(e) It shall be a defense to liability under this section that the person discharged a
firearm under circumstances constituting lawful self-defense or defense of others.”.
Sec. 7. Title 23 of the District of Columbia Official Code is amended as follows:
(a) Section 23-563(b) is amended to read as follows:
“(b)(1) A warrant or summons issued by the Superior Court of the District of Columbia
for an offense punishable by imprisonment for not more than one year, or by a fine only, or by
such imprisonment and a fine:
“(A)(i) May be served in any place in the District of Columbia; or
“(ii) May be served at any place within the jurisdiction of the
United States, if a judicial officer of the Superior Court of the District of Columbia finds that
good cause exists for the warrant or summons to be served at any place within the jurisdiction of
the United States; and ENROLLED ORIGINAL
5
“(B) May not be executed more than one year after the date of issuance.
“(2) Good cause for the warrant or summons to be served at any place within the
jurisdiction of the United States is presumed where the warrant or summons is for an intrafamily
offense, as defined in § 16-1001(8), or where the warrant or summons is for an offense under
Chapter 30 of Title 22 of the District of Columbia Official Code.”.
(b) Section 23-1303(d) is amended to read as follows:
“(d) Any information contained in the agency’s files, presented in its report, or divulged
during the course of any hearing shall not be admissible on the issue of guilt in any judicial
proceeding, but such information may be used in proceedings under §§ 23-1327, 23-1328, and
23-1329, in perjury proceedings, and for the purposes of impeachment in any subsequent
proceeding. Any information obtained from a device, as that term is defined in § 22-1211(a)(2),
may be used on the issue of guilt in any judicial proceeding.”.
(c) Section 23-1322 is amended as follows:
(1) Subsection (c) is amended as follows:
(A) Paragraph (1) is amended by striking the phrase “or a crime of
violence, as these crimes are defined” and inserting the phrase “, as that crime is defined” in its
place.
(B) Paragraph (3) is amended by striking the phrase “or a crime of
violence, as these crimes are defined” and inserting the phrase “, as that crime is defined” in its
place.
(C) Paragraph (4) is amended by striking the phrase “crime or a crime of
violence” and inserting the word “crime” in its place.
(D) Paragraph (5) is amended by striking the phrase “crimes or crimes of
violence” and inserting the word “crimes” in its place.
(E) Paragraph (6) is repealed.
(F) Paragraph (7) is amended by striking the phrase “; or” and inserting a
semicolon in its place.
(G) Paragraph (8) is amended by striking the period and inserting the
phrase “; or” in its place.
(H) A new paragraph (9) is added to read as follows:
“(9) Committed a crime of violence, as that term is defined in § 23-1331(4).”.
(d) Section 23-1325(a) is amended by striking the phrase “a substantial probability” and
inserting the phrase “probable cause” in its place.
(e) Section 23-1903(d) is amended as follows:
(1) Strike the phrase “child is called to give testimony” and insert the phrase
“child is a victim or is called to give testimony” in its place. ENROLLED ORIGINAL
6
(2) Strike the phrase “granting a continuance in cases involving a child witness”
and insert the phrase “granting a continuance in cases involving a child victim or child witness”
in its place.
Sec. 8. An Act To establish a code of law for the District of Columbia, approved March
3, 1901 (31 Stat. 1189; D.C. Official Code passim), is amended by adding a new section 806d to
read as follows:
“Sec. 806d. Strangulation.
“(a) A person commits the offense of strangulation if that person knowingly,
intentionally, or recklessly restricts the normal circulation of the blood or breathing of another
person, either by applying pressure on the throat, neck, or chest of another person, or by blocking
the nose or mouth of another person.
“(b) Except for as provided in subsection (c) of this section, a person convicted of
strangulation shall be fined no more than the amount set forth in section 101 of the Criminal Fine
Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C.
Official Code § 22-3571.01), or incarcerated for no more than 5 years, or both.
“(c) A person convicted of strangulation may be fined up to 1½ times the maximum fine
otherwise authorized under this section and may be incarcerated for a term of up to 1½ times the
maximum term of incarceration otherwise authorized under this section, or both, if:
“(1) The victim sustained serious bodily injury, as that term is defined in section
101(7) of the Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; D.C.
Official Code § 22-3001(7)), as a result of the offense;
“(2) The person was, at the time of the offense, required to stay away from or
have no contact with the victim as a condition of their parole or supervised release or pursuant to
a court order; or
“(3) The person was, within 5 years of commission of the strangulation offense,
convicted of either an intrafamily offense, as defined in D.C. Official Code § 16-1001(8), or a
similar offense in the law of another jurisdiction.”.
Sec. 9. Section 386(c) of the Revised Statutes of the District of Columbia (D.C. Official
Code § 5-113.01(c)), is amended by adding a new paragraph (1B) to read as follows:
“(1B) Quarterly, the case closure rates for:
“(A) Violent crimes, by offense, committed with or without the use of a
weapon; and
“(B) Non-fatal shootings.”.
Sec. 10. Title X of the Firearms Control Regulations Act of 1975, effective April 27,
2021 (D.C. Law 23-274; D.C. Official Code § 7-2510.01 et seq.), is amended as follows: ENROLLED ORIGINAL
7
(a) Section 1013 (D.C. Official Code § 7-2510.13) is amended as follows:
(1) Subsection (c) is amended by striking the phrase “Working Group” and
inserting the phrase “Working Group, and shall convene the Working Group no later than
September 1, 2023” in its place.
(2) Subsection (e) is amended by striking the phrase “January 1, 2023” and
inserting the phrase “January 1, 2025” in its place.
(b) A new section 1014 is added to read as follows:
“Sec. 1014. Public awareness initiatives.
“By September 1, 2023:
“(1) The Metropolitan Police Department shall prominently display information
about extreme risk protection orders, including the petition process, on its website; and
“(2) The Office of the Attorney General shall develop and implement a public
awareness campaign to inform residents, professionals, and District government employees
about extreme risk protection orders, including the petition process.”.
Sec. 11. Implementation of strategic gun violence reduction strategies.
(a)(1) The Metropolitan Police Department shall facilitate a Law Enforcement Shooting
Review no less than twice per month to review each shooting in the District that occurred since
the last Shooting Review, including non-fatal shootings.
(2) The purpose of such Law Enforcement Shooting Reviews shall be to identify
shooting dynamics, potential retaliation, and necessary law enforcement or other government
agency contacts or interventions with persons involved in the reviewed shootings, and then
assign responsibilities for immediate interventions.
(b) The Deputy Mayor for Public Safety and Justice shall coordinate a Coordination
Meeting/Intervention Services Shooting Review no less than twice per month to review each
shooting in the District that occurred since the last Shooting Review from a services and
response perspective, in order to identify and assign government and community partners to
outreach and engage those high-risk individuals implicated by the shootings.
Sec. 12. Firearm tracing data and accountability report.
(a) By January 1, 2024, the Mayor shall submit to the Council and post on its website a
report that includes the following information:
(1) The total number of firearms recovered in the District;
(2) The location where each firearm was recovered, disaggregated by police
district;
(3) The total number of ghost guns recovered in the District; ENROLLED ORIGINAL
8
(4) The number of firearms recovered, disaggregated by, if available,
manufacturer, firearm model, state or country of origin, and the last known point of sale, transfer,
theft, or loss of such firearm; and
(5) To the extent possible, an analysis of purchase patterns with the available
information from the firearms recovered.
(b) The Mayor shall begin collecting this information not later than 15 days after the
effective date of this act.
(c) For the purposes of this section, the term ”ghost gun” shall have the same meaning as
provided in section 101(9B) of the Firearms Control Regulations Act of 1975, effective
September 24, 1976 (D.C. Law 1-85; D.C. Official Code § 7-2501.01(9B)).
Sec. 13. Applicability.
Section 2(a)(1) shall apply upon the effective date of the rules issued pursuant to section
214(f)(5) of the Neighborhood Engagement Achieves Results Amendment Act of 2016, effective
June 30, 2016 (D.C. Law 21-125; D.C. Official Code § 7-2831(f)(5)).
Sec. 14. Fiscal impact statement.
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
statement required by section 4a of the General Legislative Procedures Act of 1975, approved
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 15. Effective date.
(a) This act shall take effect following approval by the Mayor (or in the event of veto by
the Mayor, action by the Council to override the veto), a 60-day period of congressional review
as provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)), and publication in the District of
Columbia Register.
ENROLLED ORIGINAL
9
(b) This act shall expire after 225 days of its having taken effect.
______________________________
Chairman
Council of the District of Columbia
_________________________________
Mayor
District of Columbia