District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0616 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3
4	4	Statement of Introduction
5	5	Case Closure and Witness Support Amendment Act of 2023
6	6	December 1, 2023
7	7
8	8	Today, along with Councilmembers Anita Bonds, Charles Allen, Robert C. White, Jr.,
9	9	Matthew Frumin, and Vincent Gray, I am introducing the “Case Closure and Witness Support
10	10	Amendment Act of 2023”. This bill will help the Metropolitan Police Department (MPD) solve
11	11	more homicide cases by increasing rewards for witnesses and by providing protection for those
12	12	who help solve and prosecute cases. With the D.C. homicide closure rate at only 45 percent,
13	13	1
14	14	we
15	15	need to encourage more witnesses to come forward with information that will close more cases
16	16	and help break the cycle of violence.
17	17
18	18
19	19	The legislation increases the minimum reward amount in homicide cases to $50,000,
20	20	double the current maximum of $25,000, to anyone who provides information or testimony that
21	21	leads to the adjudication or conviction of a person responsible for any homicide committed in the
22	22	District.
23	23	The bill, for the first time, officially establishes a Witness Relocation and Assistance
24	24	Program for witnesses in danger of suffering intimidation or retaliatory violence in connection
25	25	with their cooperation with an investigation or testimony to a criminal proceeding. The program
26	26	provides witnesses with the following: law enforcement protection, physical relocation of
27	27	residence, housing expenses and utilities, basic living expenses, childcare, documents to
28	28	establish a new identity, transportation, storage of personal possessions, support and advocacy to
29	29	provide for a safe transition, and other services as needed.
30	30	Finally, the bill requires the Mayor to submit a report to the Council assessing the extent
31	31	and effectiveness of the District’s programs and policies for witness protection and assistance.
32	32	While there are already witness protection and support programs in the District – coordinated by
33	33	the U.S. Attorney’s Office – there is no law whatsoever that establishes the program or its goals
34	34	and responsibilities. As a result, we currently have no way of knowing whether this critical
35	35	public safety need is adequately resourced.
36	36	Closing cases is critical to breaking the cycle of violence; when perpetrators are not held
37	37	accountable, it leads to a sense of impunity.
38	38	2
39	39	Information provided by witnesses is highly
40	40	valuable to law enforcement but comes with great risk to those who provide it. By offering
41	41	greater incentives, protection, and assistance to the people who are instrumental to closing more
42	42	cases of violent crime, the “Case Closure and Witness Support Amendment Act of 2023” ensures
43	43	that a key component of the pursuit of justice and public safety receives adequate attention and
44	44	resources.
45	45
46	46	1
47	47	https://www.pbs.org/newshour/nation/police-solving-far-fewer-cases-as-homicides-rise-in-washington-d-c
48	48	2
49	49	Jill Levoy, Ghettoside: A True Story of Murder in America (2015). _____________________________
50	50	Councilmember Anita Bonds
51	51	_____________________________
52	52	Councilmember Brianne K. Nadeau
53	53	_____________________________
54	54	Councilmember Robert C. White, Jr.
55	55	_____________________________
56	56	Councilmember Charles Allen
57	57	_____________________________
58	58	Councilmember Vincent C. Gray
59	59	_____________________________
60	60	Councilmember Matthew Frumin
61	61
62	62	1
63	63
64	64
65	65	A BILL
66	66
67	67	_________________________
68	68
69	69	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
70	70
71	71	_________________________
72	72
73	73	To amend the Illegal Firearm Sale and Distribution Strict Liability Act of 1992 to set a minimum 1
74	74	payment of $50,000 for any person who provides information that leads to the 2
75	75	adjudication or conviction of the person or persons responsible for committing any 3
76	76	homicide in the District of Columbia, and to direct the Mayor to advertise information 4
77	77	regarding witness assistance resources that may be available to those who provide 5
78	78	information; to amend the Homeland Security, Risk Reduction, and Preparedness 6
79	79	Amendment Act of 2006 to require that the Comprehensive Homicide elimination 7
80	80	Strategy Task Force submit to the Council a report on the District’s programs and 8
81	81	policies for witness protection, relocation, and assistance, and recommendations for 9
82	82	improvement; and to establish a Witness Protection and Assistance Program to support 10
83	83	the investigation and prosecution of criminal cases through assistance in the security and 11
84	84	wellbeing of those who aid in investigations or criminal proceedings. 12
85	85	13
86	86	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may 14
87	87	be cited as the “Case Closure and Witness Support Amendment Act of 2023”. 15
88	88	Sec. 2. The Illegal Firearm Sale and Distribution Strict Liability Act of 1992, effective 16
89	89	June 11, 1992 (D.C. Law 9-115; D.C. Official Code § 7–2531.04) is amended by adding new 17
90	90
91	91
92	92	2
93	93	subsections (c-1) and (c-2) to read as follows: 18
94	94	“(c-1) The Chief of Police of the Metropolitan Police Department is directed to 19
95	95	provide for the payment of no less than $50,000.00 to any person who provides information that 20
96	96	leads to the adjudication or conviction of the person or persons responsible for committing any 21
97	97	homicide in the District of Columbia. 22
98	98	“(c-2) In advertising the Firearms Bounty Fund, the Mayor shall include 23
99	99	information regarding witness assistance resources that may be available to those who provide 24
100	100	information, as established in Section 4 of the Case Closure and Witness Support Amendment 25
101	101	Act of 2023, effective ______.”. 26
102	102	A new paragraph (h) is added to read as follows: 27
103	103	“(h) No reward money paid pursuant to this section shall be paid to any officer or 28
104	104	employee of the Metropolitan Police Department, or of any penal, correctional, or welfare 29
105	105	institutions, or of any court, legal agency, or other agency closely involved in the criminal justice 30
106	106	system.”. 31
107	107	Sec. 3. Comprehensive Homicide Elimination Strategy Task Force to issue report on 32
108	108	witness protection, relocation, and assistance. 33
109	109	(a) Section 501 of the Homeland Security, Risk Reduction, and Preparedness 34
110	110	Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-262; D.C. Official Code § 22-35
111	111	4251), is amended by adding a new subsection (e) to read as follows: 36
112	112	“(e) No later than December 1, 2025, the Task Force shall submit to the Council a report 37
113	113	on the District’s programs and policies for witness protection, relocation, and assistance, and 38
114	114	recommendations for improvement. 39
115	115	(1) The study shall include: 40
116	116
117	117
118	118	3
119	119	(A) An outline of the current witness protection procedures in the District 41
120	120	and regionally, including: 42
121	121	(i) The process of assessing the need of potential witnesses to 43
122	122	criminal proceedings for assistance; 44
123	123	(ii) The District’s approach to ensuring witness safety during 45
124	124	criminal investigations as well as before, during, or subsequent to, legal proceedings; 46
125	125	(iii) The spectrum of housing, financial, and health supports 47
126	126	available to those deemed eligible for witness assistance; 48
127	127	(iv) Information on whether those receiving witness assistance are 49
128	128	assigned a direct caseworker to navigate supportive services, and the average caseload for such 50
129	129	workers; and, 51
130	130	(v) A review of how the District’s public safety agencies 52
131	131	coordinate with regional and federal partners on witness relocation and assistance. 53
132	132	(B) Recommended performance metrics for witness assistance and an 54
133	133	assessment of past performance; 55
134	134	(C) A review of national best practices for state and local-level witness 56
135	135	protection, relocation, and assistance; 57
136	136	(D) A review of human support services offered to District residents that 58
137	137	would enhance witness assistance outcomes if program eligibility were expanded; 59
138	138	(E) An assessment of the overall fiscal impact of witness assistance, for at 60
139	139	least the prior four fiscal years, recommended funding levels; 61
140	140	(F) An analysis of criminal cases that were helped or hindered by the 62
141	141	current administration of witness assistance; and, 63
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145	145	(G) Recommendations on policy and appropriations changes that would 64
146	146	maximize the effective use of witness protection, relocation, and assistance for the investigation 65
147	147	and prosecution criminal cases. 66
148	148	(2) Notwithstanding the requirements of this subsection, the Task Force may 67
149	149	restrict or prohibit disclosure of certain information, pursuant to Section 2c of the Council of the 68
150	150	District of Columbia Independence Act of 1982, effective March 11, 2010 (D.C. Law 18-119; 69
151	151	D.C. Official Code § 1-301.44c), that may compromise the safety of any person currently or 70
152	152	formerly served by witness relocation and assistance programs. 71
153	153	Section 4. Witness Protection and Assistance. 72
154	154	(a) There is established a Witness Protection and Assistance Program (“Program”), to 73
155	155	increase efforts to successfully investigate and prosecute criminal cases through assistance in the 74
156	156	security and wellbeing of those who aid in investigations or criminal proceedings. 75
157	157	(b) The Mayor shall administer the Program in coordination with the United States 76
158	158	Attorney’s Office and other regional jurisdictions. 77
159	159	(c) In any criminal proceeding, or in the process of a criminal investigation by MPD or 78
160	160	other law enforcement agencies, where credible evidence exists of a substantial danger that a 79
161	161	person may suffer intimidation, retaliatory violence, or another serious threat to personal 80
162	162	wellbeing due to their cooperation with an investigation or their testimony in a criminal trial, the 81
163	163	Mayor shall provide witness protection, relocation, and assistance, which may include any of the 82
164	164	following: 83
165	165	(1) Protection or escort by law enforcement or security personnel before, during, 84
166	166	or subsequent to, legal proceedings; 85
167	167	(2) Temporary or permanent physical relocation to an alternate residence; 86
168	168
169	169
170	170	5
171	171	(3) Housing expenses, including utilities; 87
172	172	(4) Transportation or storage of personal possessions; 88
173	173	(5) Appropriate documents to establish a new identity; 89
174	174	(6) Basic living expenses, including, food, transportation, and health care; 90
175	175	(7) Mental health supports; 91
176	176	(8) Reimbursement of lost wages; 92
177	177	(9) Childcare; and, 93
178	178	(10) Other services as needed. 94
179	179	(d) Family, friends, or associates of a witness who are deemed to be endangered shall 95
180	180	also be eligible for the Program. 96
181	181	(e) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure 97
182	182	Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall 98
183	183	issue rules to implement the provisions of this section. 99
184	184	Sec. 5. Fiscal Impact. 100
185	185	The Council adopts the fiscal impact statement in the committee report as the fiscal 101
186	186	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 102
187	187	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 103
188	188	Sec. 6. Effective date. 104
189	189	This act shall take effect after approval by the Mayor (or in the event of veto by the 105
190	190	Mayor, action by the Council to override the veto), a 30-day period of congressional review as 106
191	191	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 107
192	192	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 108
193	193	Columbia Register. 109