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Councilmember Matthew Frumin Councilmember Charles Allen 2
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Councilmember Christina Henderson Councilmember Janeese Lewis George 7
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Councilmember Kenyan R. McDuffie Councilmember Brianne K. Nadeau 12
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Councilmember Zachary Parker 17
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A BILL
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 25
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To amend the District of Columbia Traffic Act, 1925 to additionally allow the District to tow or 30
immobilize vehicles based on traffic infractions accumulated over any consecutive six 31
months, regardless of whether the associated fine is paid or unpaid, to allow the Mayor to 32
enter into memoranda of agreement with private tow companies to immobilize vehicles 33
against which immobilization-eligible offenses have been issued, to amend the definitions 34
of reckless driving and aggravated reckless driving, and to authorize the Office of Attorney 35
General to bring civil actions against drivers for speeding, reckless driving, and aggravated 36
reckless driving; and to amend the Anti-Drunk Driving Act of 1982 to require that Superior 37
Court judges order the revocation of driver’s licenses for individuals convicted of driving 38
under the influence. 39
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BE IT ENACTED BY THE COUNCIL OF TH E DISTRICT OF COLUMBIA, That this 41
act may be cited as the “Strengthening Traffic Enforcement, Education, and Responsibility 42
(“STEER”) Amendment Act of 2023”. 43
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Sec. 2. Section 802(a) of An Act To establish a code of law for the District of Columbia, 44
approved March 3, 1901 (31 Stat. 1189; D.C. Official Code § 50–2203.01), is amended as follows: 45
(a) The existing text is re-designated as subsection (a). 46
(b) A new subsection (b) is added to read as follows: 47
“(b) If a defendant is charged with violating subsection (a) of this section, a judge shall 48
order that the defendant’s driver’s license or privilege to operate a motor vehicle be suspended 49
during the pendency of their criminal case and transmit a copy of that order to the agency which 50
issued the driver’s license or privilege to operate a motor vehicle.”. 51
Sec. 3. The District of Columbia Traffic Act, 1925, enacted March 3, 1925 (34 Stat. 1119; 52
D.C. Official Code § 50–2201.01 et seq.), is amended as follows: 53
(a) Section 2 (D.C. Official Code § 50–2201.02) is amended as follows: 54
(1) New paragraphs (8A) and (8B) are added to read as follows: 55
“(8A) “Immobilization device” means any device or mechanism that, when 56
equipped to a motor vehicle, prevents the motor vehicle’s operation but causes no damage to the 57
vehicle unless it is moved while such device or mechanism is in place. 58
“(8B) “Immobilization-eligible offense” m eans the sustained notices of infractions, 59
or final determinations of liability or guilt, for the following violations when based on conduct 60
occurring within any consecutive six-month period: 61
“(A) Eight or more sustained infra ctions for any violation of regulations 62
adopted pursuant to section 9(a)(1) of the District of Columbia Traffic Act, 1925, enacted March 63
3, 1925 (34 Stat. 1119; D.C. Official Code § 2201.04(a)(1)), where the driver is alleged to have 64
traveled at a speed of 10 miles per hour or less in excess of the speed limit; 65
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“(B) Six or more sustained infrac tions for any violation of regulations 66
adopted pursuant to section 9(a)(1) of the District of Columbia Traffic Act, 1925, enacted March 67
3, 1925 (34 Stat. 1119; D.C. Official Code § 2201.04(a)(1)), where the driver is alleged to have 68
traveled at a speed of 11 miles per hour or more in excess of the speed limit; 69
“(C) Two or more findings of li ability or guilt for reckless driving, as 70
defined in section 9(b) of the District of Columbia Traffic Act, 1925, enacted March 3, 1925 (34 71
Stat. 1119; D.C. Official Code § 2201.04(b)); or 72
“(D) One or more findings of liab ility or guilt for aggravated reckless 73
driving, as defined in section 9(c) of the District of Columbia Traffic Act, 1925, enacted March 3, 74
1925 (34 Stat. 1119; D.C. Official Code § 2201.04(c)).”. 75
(b) Section 6(k) (D.C. Official Code § 50–2201.03(k)) is amended as follows: 76
(1) Paragraph (1) is amended to read as follows: 77
“(1)(A) The Mayor and the United States Park Police are authorized to take the 78
actions described in subparagraph (B) of this paragraph against any unattended motor vehicle 79
found parked on any public highway in the District of Columbia, the owner of which: 80
“(i) Has 2 or more unpaid notices of infraction or vehicle 81
conveyance fees that the owner was deemed to have admitted or that were sustained after a hearing, 82
pursuant to section 305, 306, or 902 of the District of Columbia Traffic Adjudication Act of 1978, 83
effective September 12, 1978 (D.C. Law 2-104; D.C. Official Code § 50-2301.01 et seq.), or 84
against which there have been issued 2 or more warrants; or 85
“(ii) Was found liable for or gu ilty of an immobilization-eligible 86
offense. 87
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“(B) Motor vehicles meeting the re quirements of subparagraph (A) of this 88
paragraph may be: 89
“(i) Removed, through towing or other means, and transported to 90
any place designated by the Mayor for impoundment; or 91
“(ii) Immobilized using an immobilization device.”. 92
(2) Paragraph (4) is amended by striki ng the period and inserting the phrase “; 93
provided, that the booting fee shall be waived for any owner who has completed a safe driving 94
course established pursuant to section 10 of the Motor Vehicle Services Fees and Driver Education 95
Support Act of 1982 (D.C. Law 4-97; D.C. Official Code § 50–1405.01).” in its place. 96
(3) Paragraph (5) is amended by striking the phrase “had an ownership interest 97
when a notice of infraction was issued” and inserting the phrase “had an ownership interest when 98
a notice of infraction was issued; provided, that in the case of an immobilization or impoundment 99
made pursuant to paragraph (1)(A)(ii), the owner shall also provide evidence of completion of a 100
safe driving course required pursuant to section 13(a-1)(2) of the District of Columbia Traffic Act, 101
1925, enacted March 3, 1925 (34 Stat. 1119; D.C. Official Code § 50-1403.01(a-1)(1)(B), (2)(B))” 102
in its place. 103
(c) Section 9 (D.C. Official Code § v) is amended to read as follows: 104
“(a)(1) No vehicle shall be operated at a greater rate of speed than permitted by the 105
regulations adopted under the authority of this part. 106
“(2) DDOT shall issue rules to enforce this section. 107
“(b) A person commits the offense of reckless driving if the person drives a motor vehicle 108
on any highway in the District: 109
“(1) At a speed of 20 miles per hour or more in excess of the speed limit; or 110
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“(2) In any other manner that displays a conscious disregard of the risk of causing 111
property damage or bodily injury to any person. 112
“(c) A person commits the offense of aggravated reckless driving if the person drives a 113
motor vehicle on any highway in the District: 114
“(1) At a speed of 30 miles per hour or more above the speed limit; or 115
“(2) At a speed of 20 miles per hour or more above the speed limit; and 116
“(i) Causes bodily injury to any other person; 117
“(ii) Collides with another motor vehicle; or 118
“(iii) Causes $1,000 or more in property damage. 119
“(d) Any person convicted of reckless driving shall: 120
“(1) For a first conviction of reckless driving, be fined not more than the amount 121
set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective 122
June 11, 2013 (D.C. Law 19-317; 60 DCR 2064), or imprisoned for not more than 90 days, or 123
both. 124
“(2) For a third or subsequent conviction for reckless driving within a 2-year period, 125
be fined not more than the amount set forth in section 101 of the Criminal Fine Proportionality 126
Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; 60 DCR 2064), or imprisoned 127
for not more than 1 year, or both. 128
“(e) Any person convicted of aggravated reckless driving shall be: 129
“(1) For a first conviction of aggravated reckless driving, be fined not more than 130
the amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, 131
effective June 11, 2013 (D.C. Law 19-317; 60 DCR 2064), or imprisoned for not more than 180 132
days, or both. 133
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“(2) For a third or subsequent conviction for aggravated reckless driving within a 134
2-year period, be fined not more than the amount set forth in section 101 of the Criminal Fine 135
Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; 60 DCR 136
2064), or imprisoned for not more than 1 year, or both. 137
“(f) A presumption shall exist that a reckless, careless, hazardous, or aggressive driving 138
conviction that occurred in a foreign jurisdiction constitutes reckless driving as provided in 139
subsection (b) of this section, unless the District can show evidence that the person met the 140
requirements for aggravated reckless driving in subsection (c) of this section. 141
“(g)(1) The Attorney General may bring a civil cause of action in the Superior Court of the 142
District of Columbia: 143
“(A) In personam, against any driver who is suspected of violating 144
this section; or 145
“(B) In rem, against any motor vehicle operated by a driver in a 146
manner that violates this section. 147
“(2) In any civil action brought pursuan t to paragraph (1) of this section, the 148
Attorney General may seek: 149
“(A) Monetary damages not to exceed the maximum available fine 150
for the violation at issue; provided, that the Attorney General may not seek monetary damages in 151
cases where the defendant has paid a fine imposed pursuant to subsection (d) of this section; 152
“(B) The suspension or revoc ation of the defendant’s driver’s 153
license; and 154
“(C) The immobilization of the motor vehicle through booting, 155
towing, or impoundment. 156
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“(3) The Attorney General shall seek to enforce any final judgment in a case 157
brought pursuant to paragraph (1) of this section in any court of competent jurisdiction with respect 158
to the defendant.”. 159
(d) Section 13 (D.C. Official Code § 50-1403.01) is amended as follows: 160
(1) A new subsection (a-1) is added to read as follows: 161
“(a-1)(1) In addition to any violation of law for which suspension or revocation of an 162
operator’s permit is mandatory, the Mayor shall suspend the operator’s permit of any person 163
against whom the following sustained notices of infractions, or final determinations of liability or 164
guilt, have been issued based on conduct occurring within any consecutive 6-month period: 165
“(A) Eight or more sustained infra ctions for any violation of regulations 166
adopted pursuant to section 9(a)(1) of the District of Columbia Traffic Act, 1925, enacted March 167
3, 1925 (34 Stat. 1119; D.C. Official Code § 2201.04(a)(1)), where the driver is alleged to have 168
traveled at a speed of 10 miles per hour or less in excess of the speed limit; 169
“(B) Six or more sustained infrac tions for any violation of regulations 170
adopted pursuant to section 9(a)(1) of the District of Columbia Traffic Act, 1925, enacted March 171
3, 1925 (34 Stat. 1119; D.C. Official Code § 2201.04(a)(1)), where the driver is alleged to have 172
traveled at a speed of 11 miles per hour or more in excess of the speed limit; 173
“(C) Two or more findings of li ability or guilt for reckless driving, as 174
defined in section 9(b) of the District of Columbia Traffic Act, 1925, enacted March 3, 1925 (34 175
Stat. 1119; D.C. Official Code § 2201.04(b)); or 176
“(D) One or more findings of liab ility or guilt for aggravated reckless 177
driving, as defined in section 9(c) of the District of Columbia Traffic Act, 1925, enacted March 3, 178
1925 (34 Stat. 1119; D.C. Official Code § 2201.04(c)).”. 179
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“(2)(A) Any notice of infraction, that if sustained, or determination of liability or 180
guilt, that if finalized, may result in the suspension or revocation of an individual’s operator’s 181
permit as described in paragraph (1) of this subsection, or the immobilization of their vehicle as 182
described in section 6(k), shall provide notice to the individual of the potential suspension or 183
revocation of their operator’s permit or the immobilization of their vehicle. 184
“(B) After sustaining a notice of infraction or finalizing a determination of 185
liability of guilt that may result in the suspension or revocation of an operator’s permit as described 186
in paragraph (1) of this subsection or the immobilization of their vehicle as described in section 187
6(k), the Department of Motor Vehicles (“DMV”) shall provide a 30-day grace period during 188
which the individual may complete a safe driving course, as described in paragraph (3), before 189
effectuating the suspension or revocation of an operator’s permit or the immobilization of a 190
vehicle. 191
“(3)(A) For a suspension made pursuant to paragraph (1)(A) of this subsection, the 192
Mayor shall reinstate the operator’s permit upon completion of a safe driving course developed by 193
the DMV pursuant to section 10 of the Motor Vehicle Services Fees and Driver Education Support 194
Act of 1982 (D.C. Law 4-97; D.C. Official Code § 50–1405.01) (“safe driving course”); and 195
“(B) For a suspension made pursuant to paragraph (1)(B) or (1)(C) of this 196
subsection, not less than 1 year after the suspension, a person whose operator’s permit has been 197
suspended shall be eligible to complete a safe driving course, and upon completion of the safe 198
driving course, the Mayor may reinstate the operator’s permit.”. 199
(2) Subsection (b) is amended by striking the phrase “In case the operator’s permit 200
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of any individual is revoked no new permit shall be issued” and inserting the phrase “In case the 201
operator’s permit of any individual is revoked pursuant to subsection (a) of this section, no new 202
permit shall be issued” in its place. 203
Sec. 4. The Anti-Drunk Driving Act of 1982, effective September 14, 1982 (D.C. Law 4-204
14; D.C. Official Code § 50–2205.02 et seq.), is amended as follows: 205
(a) Section 3d(d-1) (D.C. Official Code § 50–2206.13(d-1)) is amended as follows: 206
(1) Paragraph (1) is amended to read as follows: 207
“(1) In addition to any other penalty provided by law, and notwithstanding section 208
10a and 3t of this act, the sentencing judge shall, upon conviction for violating any provision of 209
section 3b or 3c of this act, when the person has been convicted of 2 prior offenses under section 210
3b, 3c, or 3e within the past 5 years, order that the defendant’s driver’s license or privilege to 211
operate a motor vehicle be revoked and transmit a copy of that order to the agency which issued 212
the driver’s license or privilege to operate a motor vehicle.”. 213
(2) Existing paragraph (2) is redesignated as paragraph (3). 214
(3) A new paragraph (2) is added to read as follows: 215
“(2) The Department of Mo tor Vehicles (“DMV”) shall: 216
“(A) Upon receipt of an order revoki ng a defendant’s license or privilege to 217
operate a motor vehicle pursuant to paragraph (1) of this subsection, revoke the defendant’s 218
driver’s license or privilege to operate a motor vehicle within 10 business days; and 219
“(B)(i) On January 1, 2024 and monthl y thereafter submit a report to the 220
Superior Court for the District of Columbia and the Office of the Attorney General listing the 221
revocations of a driver’s license or privilege to operate a motor vehicle the DMV has made in 222
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response to orders transmitted pursuant to paragraph (1) of this subsection since the most recent 223
report submitted pursuant to this sub-subparagraph; and 224
“(ii) On January 1, 2024 and ev ery 6 months thereafter, submit to 225
the Council committee with oversight of DMV, a report listing the number of revocations of a 226
driver’s license or privilege to operate a motor vehicle the DMV has made in response to orders 227
transmitted pursuant to paragraph (1) of this subsection since the most recent report submitted 228
pursuant to this sub-subparagraph; provided, that the report submitted pursuant to this sub-229
subparagraph shall not include any personally identifying information.”. 230
Sec. 5. The Motor Vehicle Services Fees and Driver Education Support Act of 1982 (D.C. 231
Law 4-97; D.C. Official Code § 40–102 et seq.), is amended by adding a new section 10 to read 232
as follows: 233
“Sec. 10. Safe driving course. 234
“(a) The Department of Motor Vehicles (“DMV”) shall develop and administer a safe 235
driving course covering various topics related to safe driving practices and traffic regulations. 236
“(b)(1) Completion of the course developed pursuant to subsection (a) may be used to 237
satisfy any outstanding fine issued pursuant to section 6(k)(4) or section 9 of the District of 238
Columbia Traffic Act, 1925, enacted March 3, 1925 (34 Stat. 1119; D.C. Official Code § 50–239
2201.01 et seq.). 240
“(2) DMV may waive any outstanding fine issued pursuant to section 6(k)(4) or 241
section 9 of the District of Columbia Traffic Act, 1925, enacted March 3, 1925 (34 Stat. 1119; 242
D.C. Official Code § 50–2201.01 et seq.), based on an individual’s participation in, and completion 243
of, the course established pursuant to subsection (a); provided, that the DMV may grant a waiver 244
of up to $100 per hour of participation in the course.”. 245
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Sec. 6. Section 2 of the District of Columbia Revenue Act of 1937, approved August 17, 246
1937 (50 Stat. 680; D.C. Official § 50–1501.02) is amended by adding a new subsection (l) to read 247
as follows: 248
“(l)(1) Upon receipt of a report for a stolen motor vehicle registered in the District that 249
MPD reasonably believes to be true, MPD shall transmit the following information to the 250
Department of Motor Vehicles (“DMV”) within five business days: 251
“(A) The name, contact information, and driver’s license number of the 252
stolen motor vehicle’s owner; 253
“(B) The make, model, year, and pl ate number of the stolen motor vehicle; 254
and 255
“(C) The dates during which the mo tor vehicle was or is alleged to have 256
been stolen. 257
“(2) If, after transmitting informati on as described in paragraph (1), MPD 258
subsequently determines that it no longer reasonably believes a report of a stolen motor vehicle to 259
be true, it shall notify the DMV of that determination within five business days. 260
“(3) The DMV shall not issue a notice of infraction for a moving violation detected 261
by the automated traffic enforcement system established pursuant to section 901(a) of Fiscal Year 262
1997 Budget Support Act (D.C. Law 11-198; D.C. Official Code § 50–2209.01) if: 263
“(A) The DMV has received notice that the motor vehicle captured by the 264
automated traffic enforcement system was stolen as described in paragraph (1); and 265
“(B) MPD has not subsequently notified the DMV that it no longer 266
reasonably believes the report of a stolen motor vehicle to be true.”. 267
Sec. 6. Fiscal impact statement.
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The Council adopts the fiscal impact statement in the committee report as the fiscal impact 269
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 270
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 271
Sec. 7. Effective date. 272
This act shall take effect after approval by the Mayor (or in the event of veto by the 273
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 274
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 275
1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 276
Columbia Register. 277