District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0479 Compare Versions

Only one version of the bill is available at this time.

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5	5	COUNCIL OF THE DISTRICT OF COLUMBIA
6	6	OFFICE OF COUNCILMEMBER BROOKE PINTO
7	7	THE JOHN A. WILSON BUILDING
8	8	1350 PENNSYLVANIA AVENUE, N.W., SUITE 106
9	9	WASHINGTON, D.C. 20004
10	10
11	11	September 18, 2023
12	12
13	13	Nyasha Smith, Secretary
14	14	Council of the District of Columbia
15	15	1350 Pennsylvania Avenue, NW
16	16	Washington, DC 20004
17	17
18	18	Dear Secretary Smith,
19	19	Today, I am introducing the “Addressing Crime through Targeted Interventions and Violence
20	20	Enforcement (“ACTIVE”) Amendment Act of 2023.” Please find enclosed a signed copy of the
21	21	legislation.
22	22	The ACTIVE Amendment Act, which is the product of conversations with the United States
23	23	Attorney’s Office for the District, includes a number of provisions that are aimed at deterring
24	24	and/or holding accountable the small number of individuals engaging in serious violent crimes in
25	25	the District.
26	26	First: The District is experiencing a crisis of gun violence. A relatively small number of individuals
27	27	are responsible for the majority of that gun violence. Many of these individuals engage in repeated
28	28	firearms offenses, and firearms offenders have higher rates of recidivism than other offenders.
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30	30
31	31	Recognizing that swift and certain apprehension is an effective deterrent to criminal activity, this
32	32	bill proposes requiring individuals on probation, supervised release, or parole following a
33	33	conviction for a gun offense be required to submit to a search when they are in a public place. This
34	34	proposal draws on a similar policy that has been in place in California for a number of years.
35	35	The bill also includes other proposals aimed at deterring individuals from engaging in dangerous
36	36	gun crimes, namely:
37	37	• Adjusting the maximum penalties for endangerment with a firearm to bring them in line
38	38	with other firearms offenses; and increasing the maximum penalty for individuals firing a
39	39	large number of bullets at a time.
40	40	• Requiring that sentences for possession of extremely dangerous weapons like machine
41	41	guns be stacked on top of baseline penalties, rather than running concurrently.
42	42	• Creating a new offense of unlawful discarding of firearms and ammunition. Often,
43	43	individuals who are being pursued by law enforcement will throw a firearm or ammunition
44	44
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46	46	A 2019 report from the United States Sentencing Commission found that firearms offenders recidivate at a higher
47	47	rate than, and more quickly than, non-firearms offenders. Iaconetti et al., Recidivism Among Federal Firearms
48	48	Offenders, U.S. Sentencing Commission (June 2019), available here. 2
49	49
50	50	while running, in an effort to avoid being caught with an illegal weapon. This new provision
51	51	will ensure accountability for this dangerous behavior.
52	52	In addition to the gun violence that is directly and indirectly impacting so many residents in the
53	53	District, a significant spike in carjackings has caused many residents to feel unsafe going about
54	54	their daily lives. Yet victims of carjackings sometimes find that because of slight quirks in the facts
55	55	of their case, their attackers cannot actually be charged with carjacking. The bill would address
56	56	some of these situations by amending the definition of carjacking to include situations where the
57	57	victim is not in or immediately next to their vehicle.
58	58	Ensuring that individuals can be appropriately charged with violent crimes like gun offenses and
59	59	carjackings is not sufficient by itself. Often, these individuals are released back into the community
60	60	pending trial. And too often, individuals on pretrial release go on to commit more violent offenses.
61	61	The Prioritizing Public Safety Emergency Amendment Act, which I introduced and the Council
62	62	passed 12-1 in July,
63	63	2
64	64	addressed this issue by expanding the categories of violent crimes that qualify
65	65	for a presumption in favor of pretrial detention. This legislation builds on those changes. The bill
66	66	proposes that in any case where a judge decides to release individuals charged with violent
67	67	crimes, the judge must issue written findings setting forth the evidence that supported the
68	68	decision.
69	69	The District has also experienced an uptick in sexual abuse and domestic violence in recent
70	70	months. These crimes often presage repeated and, in some cases, escalating violence. For instance,
71	71	strangulation has been recognized as a strong predictor of future fatalities in domestic violence
72	72	situations. Recognizing the unique danger of future violence that these crimes signify, the bill
73	73	classifies strangulation and certain sexual abuse crimes as “dangerous crimes” and “crimes
74	74	of violence.” Among other things, this will ensure that these crimes qualify for a presumption in
75	75	favor of pretrial detention.
76	76	Finally, as United States Attorney Matt Graves has recently noted, courts have been reluctant to
77	77	classify serious offenses like shooting someone with a firearm at the appropriate level of severity.
78	78	To address this, the bill clarifies the definitions of what constitutes “serious” and “significant”
79	79	bodily injury for purposes of establishing felony liability for crimes like assault. This will ensure
80	80	that individuals engaging in serious violent crimes are subject to the appropriate level of liability.
81	81	Of course, while violent and repeat offenders need to be held accountable, prosecution is not
82	82	always the best avenue to address low-level criminal behavior. Many individuals engaging in non-
83	83	violent misdemeanor criminal activity are driven by underlying mental and behavioral health
84	84	issues and substance use disorders. In an effort to help identify more of these individuals, connect
85	85	them with services address the underlying issues, and avoid putting them into the traditional
86	86	criminal justice system, the bill proposes creating a Prearrest Diversion Task Force. The Task
87	87	Force would be charged with developing recommendations for increasing the use of prearrest
88	88	diversion and implementing those recommendations.
89	89	It is imperative that the District respond to the ongoing crisis of violent crime with urgency and
90	90	thoughtfulness. The proposals in this bill will help to ensure that individuals who are engaging in
91	91	dangerous and harmful behavior can be held accountable and removed from their communities
92	92	when necessary, or, hopefully, deterred from harming their neighbors in the first place. They will
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94	94	2
95	95	Bill 25-395. See here for more information. 3
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97	97	also ensure that we avoid unnecessary overincarceration and address the underlying causes of low-
98	98	level non-violent crimes.
99	99	If you have any questions about this legislation, please contact Evan Marolf, Deputy Committee
100	100	Director for the Committee on the Judiciary and Public Safety, at emarolf@dccouncil.gov.
101	101
102	102	Thank you,
103	103
104	104
105	105
106	106	Brooke Pinto
107	107	______________________________ 1
108	108	Councilmember Brooke Pinto 2
109	109	3
110	110	4
111	111	5
112	112	A B I L L 6
113	113	7
114	114	______________________________ 8
115	115	9
116	116	10
117	117	I N T H E C O U N C I L O F T H E D I S T R I C T O F C O L U M B I A 11
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119	119	_______________________________ 13
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122	122	To amend the Firearms Control Regulations Act of 1975 to require gun offenders who are on 16
123	123	probation, supervised release, or parole to agree to submit to a search when they are in a public 17
124	124	place; to amend An Act To establish a code of law for the District of Columbia to clarify the 18
125	125	definitions of serious and significant bodily injury, and to expand the definition of carjacking; to 19
126	126	amend An Act To control the possession, sale, transfer and use of pistols and other dangerous 20
127	127	weapons in the District of Columbia, to provide penalties, to prescribe rules of evidence, and for 21
128	128	other purposes to establish an offense of discarding firearms and ammunition, and to establish an 22
129	129	offense of endangerment with a firearm; to amend Title 23 of the District of Columbia Official 23
130	130	Code to enhance the rebuttable presumption in favor of pretrial detention in cases involving 24
131	131	violent crimes and sexual abuse, to require judges to issue written findings where they decide 25
132	132	against holding individuals pretrial, to eliminate the requirement that extensions to the 100-day 26
133	133	clock for pretrial detention for offenses other than those listed in § 23-1325(a) be granted only in 27
134	134	20-day increments, to amend the definitions of dangerous crimes and crimes of violence to 28
135	135	include certain additional sexual abuse offenses and to include strangulation as a crime of 29
136	136	violence, and to establish a Prearrest Diversion Task Force to develop and implement 30
137	137	recommendations for diverting individuals engaged in low-level non-violent crimes from the 31
138	138	criminal justice system prior to arrest. 32
139	139	33
140	140	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 34
141	141	act may be cited as the “Addressing Crime through Targeted Interventions and Violence 35
142	142	Enforcement (“ACTIVE”) Amendment Act of 2023”. 36
143	143	Sec. 2. The Firearms Control Regulations Act of 1975, effective September 24, 1976 37
144	144	(D.C. Law 1-85; D.C. Official Code § 7-2508.01 et seq.) is amended by adding a new section 38
145	145	808 to read as follows: 39
146	146	“Sec. 808. Searches of gun offenders on probation, supervised release, or parole. 40 2
147	147
148	148	“(a) A person convicted of a gun offense, who is on probation, supervised release, or 41
149	149	parole, shall be subject to search or seizure by a law enforcement officer at any time of the day or 42
150	150	night, with or without a search warrant or with or without cause, when that person is in a place 43
151	151	other than the person’s dwelling place, place of business, or on other land possessed by the 44
152	152	person. 45
153	153	“(b) A person convicted of a gun offense, who is on probation, supervised release, or 46
154	154	parole, shall be given written notice by the court or supervising entity that the person is subject to 47
155	155	terms and conditions of release. 48
156	156	“(c) The notice shall include an advisement that the person is subject to search or seizure 49
157	157	by a law enforcement officer at any time of the day or night, with or without a search warrant or 50
158	158	with or without cause, when that person is in a place other than the person’s dwelling place, 51
159	159	place of business, or on other land possessed by the person. 52
160	160	“(d) It is not the intent of the Council to authorize law enforcement officers to conduct 53
161	161	searches for the sole purpose of harassment.”. 54
162	162	Sec. 3. An Act To establish a code of law for the District of Columbia, approved March 55
163	163	3, 1901 (31 Stat. 1189; D.C. Official Code passim), is amended as follows: 56
164	164	(a) Section 806 (D.C. Official Code § 22-404) is amended as follows: 57
165	165	(1) Subsection (a)(2) is amended by striking the phrase “For the purposes of this 58
166	166	paragraph, the term “significant bodily injury” means an injury that requires hospitalization or 59
167	167	immediate medical attention.”. 60
168	168	(2) A new subsection (a)(3) is added to read as follows: 61
169	169	“(3) For the purposes of this section, “significant bodily injury” means: 62 3
170	170
171	171	“(A) An injury that requires hospitalization or medical treatment beyond 63
172	172	what a layperson can personally administer; 64
173	173	“(B) A fracture of a bone; 65
174	174	“(C) A laceration for which the victim required or received stitches, 66
175	175	sutures, staples, or closed-skin adhesives; or a laceration that is at least one inch in length and at 67
176	176	least one quarter of an inch in depth; 68
177	177	“(D) A burn of at least second degree severity; 69
178	178	“(E) Any loss of consciousness; or 70
179	179	“(F) An injury where medical testing, beyond what a layperson can 71
180	180	personally administer, was performed to ascertain whether there was an injury described in 72
181	181	subparagraphs (A)-(E) of this subsection.”. 73
182	182	(b) Section 806a (D.C. Official Code § 22-404.01) is amended by adding a new 74
183	183	subsection (d) to read as follows: 75
184	184	“(d) For the purposes of this section, “serious bodily injury” means an injury or 76
185	185	significant bodily injury (as that term is defined in § 22-404(a)(3)) that involves: 77
186	186	“(1) A substantial risk of death; 78
187	187	“(2) Protracted and obvious disfigurement; 79
188	188	“(3) Protracted loss or impairment of the function of a bodily member, organ, or 80
189	189	mental faculty; 81
190	190	“(4) Protracted loss of consciousness; 82
191	191	“(5) A traumatic brain injury; 83
192	192	“(6) A burn of at least third degree severity; 84
193	193	“(7) A gunshot wound; or 85 4
194	194
195	195	“(8) An injury where hospitalization or medical treatment beyond what a 86
196	196	layperson can personally administer prevented an injury set forth in subparagraphs (1)-(6) of this 87
197	197	subsection.”. 88
198	198	(c) Section 806d(c)(1) (D.C. Official Code § 22-404.04(c)(1)) is amended by striking the 89
199	199	phrase “§ 22-3001(7),” and inserting the phrase “§ 22-404.01(d),” in its place. 90
200	200	(d) Section 811a(a)(1) (D.C. Official Code § 22-2803(a)(1)) is amended to read as 91
201	201	follows: 92
202	202	“(a)(1) A person commits the offense of carjacking if, by any means, that person 93
203	203	knowingly or recklessly by force or violence, whether against resistance or by sudden or stealthy 94
204	204	seizure or snatching, or by putting in fear, or attempts to do so, shall take a motor vehicle from 95
205	205	the person or presence of another, or that person knowingly or recklessly by force or violence, or 96
206	206	by putting in fear, shall take a key to a motor vehicle from the immediate actual possession of 97
207	207	another, with the purpose and effect of taking the motor vehicle of another.”. 98
208	208	Sec. 4. Section 432(c) of the Revised Statutes of the District of Columbia (D.C. Official 99
209	209	Code § 22-405(c)) is amended by inserting the phrase ““Significant bodily injury” shall have the 100
210	210	same meaning as provided in § 22-404(a)(3).” at the end. 101
211	211	Sec. 5. Section 101(7) of the Anti-Sexual Abuse Act of 1994, effective May 23, 1995 102
212	212	(D.C. Law 10-257; D.C. Official Code § 22-3001(7)) is amended to read as follows: 103
213	213	“(7) “Serious bodily injury” shall have the same meaning as provided in § 22-104
214	214	404.01(d).”. 105
215	215	Sec. 6. An Act To control the possession, sale, transfer and use of pistols and other 106
216	216	dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of 107 5
217	217
218	218	evidence, and for other purposes, approved July 8, 1932 (47 Stat. 650; D.C. Official Code § 22-108
219	219	4501 et seq.), is amended as follows: 109
220	220	(a) Section 1 (D.C. Official Code § 22-4501) is amended as follows: 110
221	221	(1) Paragraph (1) is redesignated as paragraph (1B). 111
222	222	(2) A new paragraph (1A) is added to read as follows: 112
223	223	“(1A) “Ammunition” shall have the same meaning as provided in § 7-113
224	224	2501.01(2).”. 114
225	225	(b) A new section 3c is added to read as follows: 115
226	226	“Sec. 3c. Endangerment with a firearm. 116
227	227	“(a) A person commits endangerment with a firearm when the person: 117
228	228	“(1) Knowingly discharges a projectile from a firearm outside a licensed firing 118
229	229	range; and 119
230	230	“(2) Either: 120
231	231	“(A) The person knows that the discharged projectile creates a substantial 121
232	232	risk of death or bodily injury to another person; or 122
233	233	“(B) In fact: 123
234	234	“(i) The person is in, or the discharged projectile travels through or 124
235	235	stops in, a location that is: 125
236	236	“(I) Open to the general public at the time of the offense; 126
237	237	“(II) A communal area of multi-unit housing; or 127
238	238	“(III) Inside a public conveyance or a rail station; and 128
239	239	“(ii) The person does not have permission to discharge a projectile 129
240	240	from a firearm under: 130 6
241	241
242	242	“(I) A written permit issued by the Metropolitan Police 131
243	243	Department; or 132
244	244	“(II) Other District or federal law. 133
245	245	“(b) Whoever violates this section shall upon conviction be fined no more than the 134
246	246	amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, 135
247	247	effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-357.01), or incarcerated for 136
248	248	no more than 5 years, or both. 137
249	249	“(b-1) Whoever violates this section shall upon conviction be fined not more than the 138
250	250	amount set forth in § 22-3571.01, or incarcerated for not more than 10 years, or both, if: 139
251	251	“(1) The violation of this section occurs after a person has been convicted of a 140
252	252	felony, either in the District of Columbia or another jurisdiction; or 141
253	253	“(2) 5 or more projectiles are discharged from a firearm within a single course of 142
254	254	conduct. 143
255	255	“(c) When arising from the same act or course of conduct, a conviction for an offense 144
256	256	under this section shall merge with a conviction: 145
257	257	“(1) Under section 3a; or 146
258	258	“(2) For another offense outside of this act that has, as an element in the offense 147
259	259	definition or in the applicable penalty enhancement, possessing or having readily available a 148
260	260	firearm, imitation firearm, or dangerous weapon. 149
261	261	“(d) No mental state shall be required as to any element under subsection (a)(2)(B) of this 150
262	262	section. 151
263	263	“(e) It shall be a defense to liability under this section that the person discharged a 152
264	264	firearm under circumstances constituting lawful self-defense or defense of others.”. 153 7
265	265
266	266	(c) Section 14 (D.C. Official Code § 22-4514) is amended as follows: 154
267	267	(1) Subsection (c) is amended to read as follows: 155
268	268	“(c) Whoever violates this section shall be punished as provided in § 22-4515 unless: 156
269	269	“(1) The violation involves possession of a sawed-off shotgun, or ghost gun, in 157
270	270	which case such person shall be imprisoned for not more than 5 years, fined not more than the 158
271	271	amount set forth in § 22-3571.01, or both; 159
272	272	“(2) The violation involves possession of a machine gun, in which case such 160
273	273	person shall be imprisoned for not more than 5 years, which shall be imposed consecutive to any 161
274	274	other sentence of imprisonment, fined not more than the amount set forth in § 22-3571.01, or 162
275	275	both; or 163
276	276	“(3) The violation occurs after such person has been convicted in the District of 164
277	277	Columbia of a violation of this section, or of a felony, either in the District of Columbia or in 165
278	278	another jurisdiction, in which case such person shall be imprisoned for not more than 10 years, 166
279	279	fined not more than the amount set forth in § 22-3571.01, or both.”. 167
280	280	(2) Subsection (d) is repealed. 168
281	281	(d) A new section 3d is added to read as follows: 169
282	282	“Sec. 3d. Unlawful discarding of firearms and ammunition. 170
283	283	“(a) It shall be unlawful for any person to knowingly discard, throw, or deposit any 171
284	284	loaded or unloaded firearm or ammunition in a place other than the person’s dwelling place, 172
285	285	place of business, or on other land possessed by the person. 173
286	286	“(b) This offense shall not apply where a person: 174
287	287	“(1) Throws, discards, or deposits any firearm or ammunition in a securely locked 175
288	288	box or secured container; 176 8
289	289
290	290	“(2) Is expressly directed by a law enforcement officer to throw, discard, or 177
291	291	deposit any firearm or ammunition, and does so in the manner directed by the officer, and not 178
292	292	while fleeing or attempting to elude any law enforcement officer; 179
293	293	“(3) Throws, discards, or deposits any firearm or ammunition while participating 180
294	294	in a lawful firearms training and safety class conducted by an arms instructor; or 181
295	295	“(4) Who is a licensee, as defined in § 7-2509.01(5), and is in compliance with the 182
296	296	provisions of § 7-2509.01 et seq. 183
297	297	“(c) It is an affirmative defense, which must be proven by a preponderance of the 184
298	298	evidence, that the person threw, discarded, or deposited the firearm or ammunition while, in fact, 185
299	299	voluntarily surrendering the item pursuant to § 7-2507.05 or as expressly provided by District or 186
300	300	federal law. 187
301	301	“(d)(1) A person who violates this section shall be fined not more than the amount set 188
302	302	forth in § 22-3571.01 or imprisoned for not more than 5 years, or both. 189
303	303	“(2) If the violation of this section occurs after a person has been convicted of a 190
304	304	felony, either in the District of Columbia or another jurisdiction, the person shall be fined not 191
305	305	more than the amount set forth in § 22-3571.01 or imprisoned for not more than 10 years, or 192
306	306	both.”. 193
307	307	Sec. 7. Title 23 of the District of Columbia Official Code is amended as follows: 194
308	308	(a) Section 23-526(a)(2) is amended by striking the phrase “warrant; and” and inserting 195
309	309	the phrase “warrant, court order, or term or condition of release; and” in its place. 196
310	310	(b) A new section 23-586 is added to read as follows: 197
311	311	“§ 23-586. Prearrest Diversion Task Force. 198 9
312	312
313	313	“(a) There is established a Prearrest Diversion Task Force (“Task Force”) within the 199
314	314	Office of the Deputy Mayor for Public Safety and Justice. 200
315	315	“(b) The Task Force shall consist of the following members and organizations, or their 201
316	316	designees: 202
317	317	“(1) The Deputy Mayor for Public Safety and Justice; 203
318	318	“(2) The Deputy Mayor for Health and Human Services; 204
319	319	“(3) The Chief of Police of the Metropolitan Police Department; 205
320	320	“(4) The Director of the Department of Behavioral Health; 206
321	321	“(5) The Attorney General for the District of Columbia; 207
322	322	“(6) The chairperson of the Council committee with jurisdiction over judiciary 208
323	323	and public safety matters; 209
324	324	“(7) The Executive Director of the Criminal Justice Coordinating Council; 210
325	325	“(8) A community organization with expertise in mental or behavioral health 211
326	326	issues; 212
327	327	“(9) A community organization with expertise in substance use disorder issues; 213
328	328	and 214
329	329	“(10) A community organization with expertise in housing issues. 215
330	330	“(c) In addition to the members described in subsection (b) of this section, the Mayor 216
331	331	shall invite the following entities, or their designees, to participate as members of the Task 217
332	332	Force: 218
333	333	“(1) The United States Attorney’s Office for the District of Columbia; 219
334	334	“(2) The Pretrial Services Agency for the District of Columbia; 220
335	335	“(3) The Court Services and Offender Supervision Agency; and 221 10
336	336
337	337	“(4) The Superior Court of the District of Columbia’s Court Social Services 222
338	338	Division. 223
339	339	“(d) As needed, the Task Force may establish subcommittees of its members. 224
340	340	“(e) The duties of the Task Force shall include: 225
341	341	“(1) Reviewing and assessing best practices for prearrest diversion; 226
342	342	“(2) Making recommendations for prearrest diversion of certain misdemeanor 227
343	343	offenses, and certain categories of persons; 228
344	344	“(3) Making recommendations regarding the programs, facilities, personnel, and 229
345	345	funding that are necessary to implement prearrest diversion; 230
346	346	“(4) Making recommendations for any legislative changes that are necessary to 231
347	347	enable prearrest diversion; 232
348	348	“(5) Implementing prearrest diversion of certain misdemeanor offenses, and 233
349	349	certain categories of persons; and 234
350	350	“(6) Consistent with the provisions of the Neighborhood Engagement Achieves 235
351	351	Results Amendment Act of 2016 (Law 21-0125, effective June 30, 2016), codified at § 5-132.31: 236
352	352	“(A) Identifying any potential improvements in police training or 237
353	353	procedures relating to police interactions with individuals impacted by homelessness, mental or 238
354	354	behavioral health issues, or substance abuse; and 239
355	355	“(B) Identifying individuals who frequently interact with police, are 240
356	356	frequent mental health consumers, or have suffered from chronic homelessness, and ensure that 241
357	357	those individuals are connected to social services. 242
358	358	“(f) Within 3 months of the effective date of this legislation, the Task Force shall convene 243
359	359	for an initial meeting. Following that initial meeting, the Task Force shall meet on, at least, a 244 11
360	360
361	361	monthly basis. Within 1 year of the effective date of this legislation, the Task Force shall issue 245
362	362	initial recommendations for prearrest diversion of certain misdemeanor offenses, and certain 246
363	363	categories of persons.”. 247
364	364	(c) Section 23-1321 is amended as follows: 248
365	365	(1) Subsection (a) is amended by striking the phrase “second degree,” and 249
366	366	inserting the phrase “second degree, first degree sexual abuse, first degree child sexual abuse,” in 250
367	367	its place. 251
368	368	(2) A new subsection (c)(1)(C) is added to read as follows: 252
369	369	“(C) Where there is a rebuttable presumption of detention pursuant to 253
370	370	either § 23-1322(c) or § 23-1325(a), there shall be a rebuttable presumption that the judicial 254
371	371	officer will require as a condition of release that the person consent to be subject to search or 255
372	372	seizure by a law enforcement officer at any time of the day or night, with or without a search 256
373	373	warrant or with or without cause, when that person is in a place other than the person’s dwelling 257
374	374	place, place of business, or on other land possessed by the person.”. 258
375	375	(d) Section 23-1322 is amended as follows: 259
376	376	(1) Subsection (c) is amended as follows: 260
377	377	(A) The lead-in language is amended to read as follows: 261
378	378	“(c) Subject to rebuttal by the person, it shall be presumed that no condition or 262
379	379	combination of conditions of release will reasonably assure the safety of any other person and 263
380	380	the community if the judicial officer finds that there is probable cause to believe that the 264
381	381	person:”. 265 12
382	382
383	383	(A) Paragraph (1) is amended by striking the phrase “or a crime of 266
384	384	violence, as these crimes are defined” and inserting the phrase “, as that crime is defined” in its 267
385	385	place. 268
386	386	(B) Paragraph (3) is amended by striking the phrase “or a crime of 269
387	387	violence, as these crimes are defined” and inserting the phrase “, as that crime is defined” in its 270
388	388	place. 271
389	389	(C) Paragraph (4) is amended by striking the phrase “crime or a crime of 272
390	390	violence” and inserting the word “crime” in its place. 273
391	391	(D) Paragraph (5) is amended by striking the phrase “crimes or crimes of 274
392	392	violence” and inserting the word “crimes” in its place. 275
393	393	(E) Paragraph (6) is repealed. 276
394	394	(F) Paragraph (7) is amended by striking the phrase “; or” and inserting a 277
395	395	semicolon in its place. 278
396	396	(G) Paragraph (8) is amended by striking the period and inserting the 279
397	397	phrase “; or” in its place. 280
398	398	(H) A new paragraph (9) is added to read as follows: 281
399	399	“(9) Committed a crime of violence, as that term is defined in § 23-1331(4).”. 282
400	400	(2) Subsection (f) is amended as follows: 283
401	401	(A) Paragraph 1 is amended by striking the phrase “; and” and inserting a 284
402	402	semicolon in its place. 285
403	403	(B) Paragraph (2)(C) is amended by striking the period and inserting the 286
404	404	phrase “; and” in its place. 287
405	405	(C) A new paragraph (3) is added to read as follows: 288 13
406	406
407	407	“(3) Where there is a rebuttable presumption of detention pursuant to either § 23-289
408	408	1322(c) or § 23-1325(a), the judicial officer shall include written findings of fact and a written 290
409	409	statement of the reasons for the release, setting forth the evidence that supported the rebuttal of 291
410	410	the presumption.”. 292
411	411	(3) Subsection (h) is amended as follows: 293
412	412	(A) Strike the phrase “extended for one or more additional periods not to 294
413	413	exceed 20 days each” and insert the phrase “extended. Extensions may be requested” in its place; 295
414	414	and 296
415	415	(B) Strike the phrase “exists.” And insert the phrase “exists. If the 297
416	416	government petition requesting additional time is based on forensic analysis of evidence that was 298
417	417	requested within a reasonable time after the preliminary hearing, or delayed due to defense 299
418	418	motions, good cause will be presumed, and the burden will be on the defense to rebut the 300
419	419	presumption.” in its place. 301
420	420	(e) Section 23-1325 is amended as follows: 302
421	421	(1) The section heading is amended by striking the phrase “second degree 303
422	422	murder,” and inserting the phrase “second degree murder, first degree sexual abuse, first degree 304
423	423	child sexual abuse,” in its place. 305
424	424	(2) Subsection (a) is amended as follows: 306
425	425	(A) Strike the phrase “second degree,” and insert the phrase “second 307
426	426	degree, first degree sexual abuse, first degree child sexual abuse,” in its place; 308
427	427	(B) Strike the phrase “a substantial probability” and insert the phrase 309
428	428	“probable cause” in its place. 310 14
429	429
430	430	(C) Strike the phrase “or imitation firearm,” and insert the phrase 311
431	431	“imitation firearm, or other deadly or dangerous weapon,” in its place. 312
432	432	(f) Section 23-1331 is amended as follows: 313
433	433	(1) Paragraph (3)(H) is amended to read as follows: 314
434	434	“(3)(H) Any felony offense under Chapter 30 of Title 22 (Sexual Abuse);”. 315
435	435	(2) Paragraph (4) is amended by striking the phrase “third degrees;” and inserting 316
436	436	the phrase “third degrees; misdemeanor sexual abuse pursuant to D.C. Code § 22-3006(b); 317
437	437	misdemeanor sexual abuse of a child or minor pursuant to D.C. Code § 22-3010.01(b); 318
438	438	strangulation;” in its place. 319
439	439	Sec. 8. Fiscal impact statement. 320
440	440	The Council adopts the fiscal impact statement in the committee report as the fiscal 321
441	441	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 322
442	442	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 323
443	443	Sec. 9. Effective date. 324
444	444	This act shall take effect following approval by the Mayor (or in the event of veto by the 325
445	445	Mayor, action by the Council to override the veto), a 60-day period of congressional review as 326
446	446	provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December 327
447	447	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)), and publication in the District of 328
448	448	Columbia Register. 329