District Of Columbia 2023 2023-2024 Regular Session

District Of Columbia Council Bill B25-0616 Introduced / Bill

Filed 12/04/2023

                     
 
 
Statement of Introduction 
Case Closure and Witness Support Amendment Act of 2023 
December 1, 2023 
 
Today, along with Councilmembers Anita Bonds, Charles Allen, Robert C. White, Jr., 
Matthew Frumin, and Vincent Gray, I am introducing the “Case Closure and Witness Support 
Amendment Act of 2023”. This bill will help the Metropolitan Police Department (MPD) solve 
more homicide cases by increasing rewards for witnesses and by providing protection for those 
who help solve and prosecute cases. With the D.C. homicide closure rate at only 45 percent,
1
 we 
need to encourage more witnesses to come forward with information that will close more cases 
and help break the cycle of violence.
 
 
The legislation increases the minimum reward amount in homicide cases to $50,000, 
double the current maximum of $25,000, to anyone who provides information or testimony that 
leads to the adjudication or conviction of a person responsible for any homicide committed in the 
District.  
The bill, for the first time, officially establishes a Witness Relocation and Assistance 
Program for witnesses in danger of suffering intimidation or retaliatory violence in connection 
with their cooperation with an investigation or testimony to a criminal proceeding. The program 
provides witnesses with the following: law enforcement protection, physical relocation of 
residence, housing expenses and utilities, basic living expenses, childcare, documents to 
establish a new identity, transportation, storage of personal possessions, support and advocacy to 
provide for a safe transition, and other services as needed.  
Finally, the bill requires the Mayor to submit a report to the Council assessing the extent 
and effectiveness of the District’s programs and policies for witness protection and assistance. 
While there are already witness protection and support programs in the District – coordinated by 
the U.S. Attorney’s Office – there is no law whatsoever that establishes the program or its goals 
and responsibilities. As a result, we currently have no way of knowing whether this critical 
public safety need is adequately resourced.  
Closing cases is critical to breaking the cycle of violence; when perpetrators are not held 
accountable, it leads to a sense of impunity.
2
 Information provided by witnesses is highly 
valuable to law enforcement but comes with great risk to those who provide it. By offering 
greater incentives, protection, and assistance to the people who are instrumental to closing more 
cases of violent crime, the “Case Closure and Witness Support Amendment Act of 2023” ensures 
that a key component of the pursuit of justice and public safety receives adequate attention and 
resources.  
 
1
 https://www.pbs.org/newshour/nation/police-solving-far-fewer-cases-as-homicides-rise-in-washington-d-c  
2
 Jill Levoy, Ghettoside: A True Story of Murder in America (2015).  _____________________________ 
Councilmember Anita Bonds 
_____________________________ 
Councilmember Brianne K. Nadeau 
_____________________________ 
Councilmember Robert C. White, Jr. 
_____________________________ 
Councilmember Charles Allen 
_____________________________ 
Councilmember Vincent C. Gray 
_____________________________ 
Councilmember Matthew Frumin 
 
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A BILL 
 
_________________________ 
 
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 
 
_________________________ 
 
To amend the Illegal Firearm Sale and Distribution Strict Liability Act of 1992 to set a minimum 1 
payment of $50,000 for any person who provides information that leads to the 2 
adjudication or conviction of the person or persons responsible for committing any 3 
homicide in the District of Columbia, and to direct the Mayor to advertise information 4 
regarding witness assistance resources that may be available to those who provide 5 
information; to amend the Homeland Security, Risk Reduction, and Preparedness 6 
Amendment Act of 2006 to require that the Comprehensive Homicide elimination 7 
Strategy Task Force submit to the Council a report on the District’s programs and 8 
policies for witness protection, relocation, and assistance, and recommendations for 9 
improvement; and to establish a Witness Protection and Assistance Program to support 10 
the investigation and prosecution of criminal cases through assistance in the security and 11 
wellbeing of those who aid in investigations or criminal proceedings. 12 
 13 
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may 14 
be cited as the “Case Closure and Witness Support Amendment Act of 2023”.  15 
 Sec. 2. The Illegal Firearm Sale and Distribution Strict Liability Act of 1992, effective 16 
June 11, 1992 (D.C. Law 9-115; D.C. Official Code § 7–2531.04) is amended by adding new 17   
 
 
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subsections (c-1) and (c-2) to read as follows: 18 
 “(c-1) The Chief of Police of the Metropolitan Police Department is directed to 19 
provide for the payment of no less than $50,000.00 to any person who provides information that 20 
leads to the adjudication or conviction of the person or persons responsible for committing any 21 
homicide in the District of Columbia. 22 
 “(c-2) In advertising the Firearms Bounty Fund, the Mayor shall include 23 
information regarding witness assistance resources that may be available to those who provide 24 
information, as established in Section 4 of the Case Closure and Witness Support Amendment 25 
Act of 2023, effective ______.”. 26 
 A new paragraph (h) is added to read as follows:  27 
 “(h) No reward money paid pursuant to this section shall be paid to any officer or 28 
employee of the Metropolitan Police Department, or of any penal, correctional, or welfare 29 
institutions, or of any court, legal agency, or other agency closely involved in the criminal justice 30 
system.”. 31 
 Sec. 3. Comprehensive Homicide Elimination Strategy Task Force to issue report on 32 
witness protection, relocation, and assistance. 33 
 (a) Section 501 of the Homeland Security, Risk Reduction, and Preparedness 34 
Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-262; D.C. Official Code § 22-35 
4251), is amended by adding a new subsection (e) to read as follows: 36 
 “(e) No later than December 1, 2025, the Task Force shall submit to the Council a report 37 
on the District’s programs and policies for witness protection, relocation, and assistance, and 38 
recommendations for improvement.   39 
 (1) The study shall include: 40   
 
 
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 (A) An outline of the current witness protection procedures in the District 41 
and regionally, including: 42 
 (i) The process of assessing the need of potential witnesses to 43 
criminal proceedings for assistance; 44 
 (ii) The District’s approach to ensuring witness safety during 45 
criminal investigations as well as before, during, or subsequent to, legal proceedings;  46 
 (iii) The spectrum of housing, financial, and health supports 47 
available to those deemed eligible for witness assistance; 48 
 (iv) Information on whether those receiving witness assistance are 49 
assigned a direct caseworker to navigate supportive services, and the average caseload for such 50 
workers; and,  51 
 (v) A review of how the District’s public safety agencies 52 
coordinate with regional and federal partners on witness relocation and assistance. 53 
 (B) Recommended performance metrics for witness assistance and an 54 
assessment of past performance; 55 
 (C) A review of national best practices for state and local-level witness 56 
protection, relocation, and assistance; 57 
 (D) A review of human support services offered to District residents that 58 
would enhance witness assistance outcomes if program eligibility were expanded; 59 
 (E) An assessment of the overall fiscal impact of witness assistance, for at 60 
least the prior four fiscal years, recommended funding levels;  61 
 (F) An analysis of criminal cases that were helped or hindered by the 62 
current administration of witness assistance; and, 63   
 
 
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 (G) Recommendations on policy and appropriations changes that would 64 
maximize the effective use of witness protection, relocation, and assistance for the investigation 65 
and prosecution criminal cases. 66 
 (2) Notwithstanding the requirements of this subsection, the Task Force may 67 
restrict or prohibit disclosure of certain information, pursuant to Section 2c of the Council of the 68 
District of Columbia Independence Act of 1982, effective March 11, 2010 (D.C. Law 18-119; 69 
D.C. Official Code § 1-301.44c), that may compromise the safety of any person currently or 70 
formerly served by witness relocation and assistance programs.  71 
 Section 4. Witness Protection and Assistance.  72 
 (a) There is established a Witness Protection and Assistance Program (“Program”), to 73 
increase efforts to successfully investigate and prosecute criminal cases through assistance in the 74 
security and wellbeing of those who aid in investigations or criminal proceedings.  75 
 (b) The Mayor shall administer the Program in coordination with the United States 76 
Attorney’s Office and other regional jurisdictions.  77 
 (c) In any criminal proceeding, or in the process of a criminal investigation by MPD or 78 
other law enforcement agencies, where credible evidence exists of a substantial danger that a 79 
person may suffer intimidation, retaliatory violence, or another serious threat to personal 80 
wellbeing due to their cooperation with an investigation or their testimony in a criminal trial, the 81 
Mayor shall provide witness protection, relocation, and assistance, which may include any of the 82 
following: 83 
(1) Protection or escort by law enforcement or security personnel before, during, 84 
or subsequent to, legal proceedings; 85 
(2) Temporary or permanent physical relocation to an alternate residence; 86   
 
 
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(3) Housing expenses, including utilities; 87 
(4) Transportation or storage of personal possessions; 88 
(5) Appropriate documents to establish a new identity; 89 
(6) Basic living expenses, including, food, transportation, and health care; 90 
(7) Mental health supports; 91 
(8) Reimbursement of lost wages; 92 
(9) Childcare; and, 93 
(10) Other services as needed. 94 
(d) Family, friends, or associates of a witness who are deemed to be endangered shall 95 
also be eligible for the Program. 96 
 (e) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure 97 
Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall 98 
issue rules to implement the provisions of this section. 99 
 Sec. 5. Fiscal Impact. 100 
 The Council adopts the fiscal impact statement in the committee report as the fiscal 101 
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 102 
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 103 
 Sec. 6. Effective date. 104 
 This act shall take effect after approval by the Mayor (or in the event of veto by the 105 
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 106 
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 107 
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 108 
Columbia Register. 109