District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0479 Latest Draft

Bill / Introduced Version Filed 09/18/2023

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