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Councilmember Charles Allen 3
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AN ACT 5
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 9
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To amend, on a temporary basis, the Office of Citizen Complaint Review Establishment Act of 14
1998 to expand the membership of the Police Complaints Board, and to allow the Office 15
of Police Complaints’ Executive Director to initiate their own complaint if they discover 16
evidence of abuse or misuse of police powers that was not alleged in the original complaint, 17
including the failure to intervene or report to a supervisor when another officer used 18
excessive force, engaged in other forms of misconduct, or violated a rule or regulation; and 19
to amend Chapter 3 of Title 14 of the District of Columbia Official Code to clarify that 20
certain provisions only apply to a victim who is under the age of 18; and to amend the 21
Department of Transportation Establishment Act of 2002 to make a technical amendment . 22
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 24
act may be cited as the “Comprehensive Policing and Justice Reform Technical Temporary 25
Amendment Act of 2024 ”. 26
Sec. 2. The Office of Citizen Complaint Review Establishment Act of 1998, effective 27
March 26, 1999 (D.C. Law 12- 208; D.C. Official Code § 5- 1101 et seq.), is amended as follows: 28
(a) Section 4 (D.C. Official Code § 5- 1103) is amended by adding a new paragraph (3B) 29
to read as follows: 30
“(3B) “MPD” means the Metropolitan Police Department.”. 31
(b) Section 5(a) (D.C. Official Code § 5- 1104(a)) is amended by striking the phrase “There 32
is established a Police Complaints Board (“Board”). The Board shall be composed of 5 members, 33
one of whom shall be a member of the MPD, and 4 of whom shall have no current affiliation with 34
any law enforcement agency.” and inserting the phrase “There is established a Police Complaints 35
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Board. The Board shall be composed of 9 members, which shall include one member from each 36
Ward and one at-large member, none of whom, after the expiration of the term of the currently 37
serving member of the MPD, shall be affiliated with any law enforcement agency.” in its place. 38
(c) Section 8 (D.C. Official Code § 5- 1107) is amended as follows: 39
(1) A new subsection (g- 1) is added to read as follows: 40
“(g-1)(1) If the Executive Director discovers evidence of abuse or misuse of police powers 41
that was not alleged by the complainant in the complaint, the Executive Director may: 42
“(A) Initiate the Executive Director’s own complaint against the subject 43
police officer; and 44
“(B) Take any of the actions described in subsection (g)(2) through (6) of 45
this section. 46
“(2) The authority granted pursuant to paragraph (1) of this subsection shall include 47
circumstances in which the subject police officer failed to: 48
“(A) Intervene in or subsequently report any use of force incident in which 49
the subject police officer observed another law enforcement officer, including an MPD officer, 50
utilizing excessive force or engaging in any type of misconduct, pursuant to MPD General Order 51
901.07, its successor directive, or a similar local or federal directive; or 52
“(B) Immediately report to their supervisor any violations of the rules and 53
regulations of the MPD committed by any other MPD officer, and each instance of their use of 54
force or a use of force committed by another MPD officer, pursuant to MPD General Order 201.26, 55
or any successor directive.”. 56
(2) Subsection (h) is amended by striking the phrase “subsection (g)” and inserting 57
the phrase “subsection (g) or (g- 1)” in its place. 58
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Sec. 3. Chapter 3 of Title 14 of the District of Columbia Official Code is amended as 59
follows: 60
(a) Section 14-310(b)(4) is amended as follows: 61
(1) Subparagraph (B) is amended by striking the phrase “whom the victim has” and 62
inserting the phrase “whom a victim under 18 years of age has” in its place. 63
(2) Subparagraph (C) is amended by striking the phrase “the victim” and inserting 64
the phrase “a victim who is under 18 years of age” in its place. 65
(b) Section 14- 311(b)(4) is amended as follows: 66
(1) Subparagraph (B) is amended by striking the phrase “with whom the victim 67
has” and inserting the phrase “with whom a victim under 18 years of age has” in its place. 68
(2) Subparagraph (C) is amended by striking the phrase “the victim” and inserting 69
the phrase “a victim who is under 18 years of age” in its place. 70
(c) Section 14-312(b)(4) is amended as follows: 71
(1) Subparagraph (B) is amended by striking the phrase “with whom the victim 72
has” and inserting the phrase “with whom a sexual assault victim under 18 years of age has” in its 73
place. 74
(2) Subparagraph (C) is amended by striking the phrase “the sexual assault victim” 75
and inserting the phrase “a sexual assault victim who is under 18 years of age” in its place. 76
Sec. 4. Technical amendment. 77
Section 9q(b) of the Department of Transportation Establishment Act of 2002, effective 78
November 13, 2021 (D.C. Law 24- 45; D.C. Official Code § 50- 921.25(b)), is amended as follows: 79
(a) The lead-in language is amended as follows: 80
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(1) Strike the phrase “deposited in the revenue from fines” and insert the phrase 81
“deposited in the Fund revenue from fines” in its place. 82
(2) Strike the phrase “in excess of the following threshholds” and insert the phrase 83
“in excess of the following thresholds” in its place. 84
(b) Paragraph (4) is amended by striking the figure “$227,341,000” and inserting the figure 85
“$277,341,000” in its place. 86
Sec. 5. Applicability. 87
Section 2 shall expire on the applicability date of section 105 of the Comprehensive 88
Policing and Justice Reform Amendment Act of 2022, effective April 21 , 2023 (D.C. Law 24-345; 89
70 DCR 953). 90
Sec. 6. Fiscal impact statement. 91
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 92
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 93
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 94
Sec. 7. Effective date. 95
(a) This act shall take effect following approval by the Mayor (or in the event of veto by 96
the Mayor, action by the Council to override the veto), a 30- day period of congressional review as 97
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 98
1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of 99
Columbia Register. 100
(b) This act shall expire after 225 days of its having taken effect. 101