District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0732 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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	1	+	ENGROSSED ORIGINAL
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7		-	AN ACT
8		-
9		-	_______________
10		-
11		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12		-
13		-	_____________________
14		-
15		-
16		-	To amend, on a temporary basis, the Office of Citizen Complaint Review Establishment Act of
17		-	1998 to expand the membership of the Police Complaints Board, and to allow the Office
18		-	of Police Complaints’ Executive Director to initiate their own complaint if they discover
19		-	evidence of abuse or misuse of police powers that was not alleged in the original
20		-	complaint, including the failure to intervene or report to a supervisor when another
21		-	officer used excessive force, engaged in other forms of misconduct, or violated a rule or
22		-	regulation; and to amend Chapter 3 of Title 14 of the District of Columbia Official Code
23		-	to clarify that certain provisions only apply to a victim who is under the age of 18; and to
24		-	amend the Department of Transportation Establishment Act of 2002 to make a technical
25		-	amendment.
26		-
27		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
28		-	act may be cited as the “Comprehensive Policing and Justice Reform Technical Temporary
29		-	Amendment Act of 2024”.
30		-
31		-	Sec. 2. The Office of Citizen Complaint Review Establishment Act of 1998, effective
32		-	March 26, 1999 (D.C. Law 12-208; D.C. Official Code § 5-1101 et seq.), is amended as follows:
33		-	(a) Section 4 (D.C. Official Code § 5-1103) is amended by adding a new paragraph (3B)
34		-	to read as follows:
35		-	“(3B) “MPD” means the Metropolitan Police Department.”.
36		-	(b) Section 5(a) (D.C. Official Code § 5-1104(a)) is amended by striking the phrase
37		-	“There is established a Police Complaints Board (“Board”). The Board shall be composed of 5
38		-	members, one of whom shall be a member of the MPD, and 4 of whom shall have no current
39		-	affiliation with any law enforcement agency.” and inserting the phrase “There is established a
40		-	Police Complaints Board. The Board shall be composed of 9 members, which shall include one
41		-	member from each Ward and one at-large member, none of whom, after the expiration of the
42		-	term of the currently serving member of the MPD, shall be affiliated with any law enforcement
43		-	agency.” in its place.
44		-	(c) Section 8 (D.C. Official Code § 5-1107) is amended as follows:
45		-	(1) A new subsection (g-1) is added to read as follows: ENROLLED ORIGINAL
	7	+	A BILL 1
	8	+	2
	9	+	25-732 3
	10	+	4
	11	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
	12	+	6
	13	+	_____________________ 7
	14	+	8
	15	+	9
	16	+	To amend, on a temporary basis, the Office of Citizen Complaint Review Establishment Act of 10
	17	+	1998 to expand the membership of the Police Complaints Board, and to allow the Office 11
	18	+	of Police Complaints’ Executive Director to initiate their own complaint if they discover 12
	19	+	evidence of abuse or misuse of police powers that was not alleged in the original complaint, 13
	20	+	including the failure to intervene or report to a supervisor when another officer used 14
	21	+	excessive force, engaged in other forms of misconduct, or violated a rule or regulation; and 15
	22	+	to amend Chapter 3 of Title 14 of the District of Columbia Official Code to clarify that 16
	23	+	certain provisions only apply to a victim who is under the age of 18; and to amend the 17
	24	+	Department of Transportation Establishment Act of 2002 to make a technical amendment. 18
	25	+	19
	26	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 20
	27	+	act may be cited as the “Comprehensive Policing and Justice Reform Technical Temporary 21
	28	+	Amendment Act of 2024”. 22
	29	+	Sec. 2. The Office of Citizen Complaint Review Establishment Act of 1998, effective 23
	30	+	March 26, 1999 (D.C. Law 12-208; D.C. Official Code § 5-1101 et seq.), is amended as follows: 24
	31	+	(a) Section 4 (D.C. Official Code § 5-1103) is amended by adding a new paragraph (3B) 25
	32	+	to read as follows: 26
	33	+	“(3B) “MPD” means the Metropolitan Police Department.”. 27
	34	+	(b) Section 5(a) (D.C. Official Code § 5-1104(a)) is amended by striking the phrase “There 28
	35	+	is established a Police Complaints Board (“Board”). The Board shall be composed of 5 members, 29
	36	+	one of whom shall be a member of the MPD, and 4 of whom shall have no current affiliation with 30 ENGROSSED ORIGINAL
46	37
47	38
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49	40
50	41		2
51		-	“(g-1)(1) If the Executive Director discovers evidence of abuse or misuse of police
52		-	powers that was not alleged by the complainant in the complaint, the Executive Director may:
53		-	“(A) Initiate the Executive Director’s own complaint against the subject
54		-	police officer; and
55		-	“(B) Take any of the actions described in subsection (g)(2) through (6) of
56		-	this section.
57		-	“(2) The authority granted pursuant to paragraph (1) of this subsection shall
58		-	include circumstances in which the subject police officer failed to:
59		-	“(A) Intervene in or subsequently report any use of force incident in which
60		-	the subject police officer observed another law enforcement officer, including an MPD officer,
61		-	utilizing excessive force or engaging in any type of misconduct, pursuant to MPD General Order
62		-	901.07, its successor directive, or a similar local or federal directive; or
63		-	“(B) Immediately report to their supervisor any violations of the rules and
64		-	regulations of the MPD committed by any other MPD officer, and each instance of their use of
65		-	force or a use of force committed by another MPD officer, pursuant to MPD General Order
66		-	201.26, or any successor directive.”.
67		-	(2) Subsection (h) is amended by striking the phrase “subsection (g)” and
68		-	inserting the phrase “subsection (g) or (g-1)” in its place.
69		-
70		-	Sec. 3. Chapter 3 of Title 14 of the District of Columbia Official Code is amended as
71		-	follows:
72		-	(a) Section 14-310(b)(4) is amended as follows:
73		-	(1) Subparagraph (B) is amended by striking the phrase “whom the victim has”
74		-	and inserting the phrase “whom a victim under 18 years of age has” in its place.
75		-	(2) Subparagraph (C) is amended by striking the phrase “the victim” and inserting
76		-	the phrase “a victim who is under 18 years of age” in its place.
77		-	(b) Section 14-311(b)(4) is amended as follows:
78		-	(1) Subparagraph (B) is amended by striking the phrase “with whom the victim
79		-	has” and inserting the phrase “with whom a victim under 18 years of age has” in its place.
80		-	(2) Subparagraph (C) is amended by striking the phrase “the victim” and inserting
81		-	the phrase “a victim who is under 18 years of age” in its place.
82		-	(c) Section 14-312(b)(4) is amended as follows:
83		-	(1) Subparagraph (B) is amended by striking the phrase “with whom the victim
84		-	has” and inserting the phrase “with whom a sexual assault victim under 18 years of age has” in
85		-	its place.
86		-	(2) Subparagraph (C) is amended by striking the phrase “the sexual assault
87		-	victim” and inserting the phrase “a sexual assault victim who is under 18 years of age” in its
88		-	place.
89		-
90		-	ENROLLED ORIGINAL
	42	+	any law enforcement agency.” and inserting the phrase “There is established a Police Complaints 31
	43	+	Board. The Board shall be composed of 9 members, which shall include one member from each 32
	44	+	Ward and one at-large member, none of whom, after the expiration of the term of the currently 33
	45	+	serving member of the MPD, shall be affiliated with any law enforcement agency.” in its place. 34
	46	+	(c) Section 8 (D.C. Official Code § 5-1107) is amended as follows: 35
	47	+	(1) A new subsection (g-1) is added to read as follows: 36
	48	+	“(g-1)(1) If the Executive Director discovers evidence of abuse or misuse of police powers 37
	49	+	that was not alleged by the complainant in the complaint, the Executive Director may: 38
	50	+	“(A) Initiate the Executive Director’s own complaint against the subject 39
	51	+	police officer; and 40
	52	+	“(B) Take any of the actions described in subsection (g)(2) through (6) of 41
	53	+	this section. 42
	54	+	“(2) The authority granted pursuant to paragraph (1) of this subsection shall include 43
	55	+	circumstances in which the subject police officer failed to: 44
	56	+	“(A) Intervene in or subsequently report any use of force incident in which 45
	57	+	the subject police officer observed another law enforcement officer, including an MPD officer, 46
	58	+	utilizing excessive force or engaging in any type of misconduct, pursuant to MPD General Order 47
	59	+	901.07, its successor directive, or a similar local or federal directive; or 48
	60	+	“(B) Immediately report to their supervisor any violations of the rules and 49
	61	+	regulations of the MPD committed by any other MPD officer, and each instance of their use of 50 ENGROSSED ORIGINAL
91	62
92	63
93	64
94	65
95	66		3
96		-	Sec. 4. Technical amendment.
97		-	Section 9q(b) of the Department of Transportation Establishment Act of 2002, effective
98		-	November 13, 2021 (D.C. Law 24-45; D.C. Official Code § 50-921.25(b)), is amended as
99		-	follows:
100		-	(a) The lead-in language is amended as follows:
101		-	(1) Strike the phrase “deposited in the revenue from fines” and insert the phrase
102		-	“deposited in the Fund revenue from fines” in its place.
103		-	(2) Strike the phrase “in excess of the following threshholds” and insert the phrase
104		-	“in excess of the following thresholds” in its place.
105		-	(b) Paragraph (4) is amended by striking the figure “$227,341,000” and inserting the
106		-	figure “$277,341,000” in its place.
107		-
108		-	Sec. 5. Applicability.
109		-	Section 2 shall expire on the applicability date of section 105 of the Comprehensive
110		-	Policing and Justice Reform Amendment Act of 2022, effective April 21, 2023 (D.C. Law 24-
111		-	345; 70 DCR 953).
112		-
113		-	Sec. 6. Fiscal impact statement.
114		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
115		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
116		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
117		-
118		-	Sec. 7. Effective date.
119		-	(a) This act shall take effect following approval by the Mayor (or in the event of veto by
120		-	the Mayor, action by the Council to override the veto), and a 30-day period of congressional
121		-	review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved
122		-	December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).
123		-	(b) This act shall expire after 225 days of its having taken effect.
	67	+	force or a use of force committed by another MPD officer, pursuant to MPD General Order 201.26, 51
	68	+	or any successor directive.”. 52
	69	+	(2) Subsection (h) is amended by striking the phrase “subsection (g)” and inserting 53
	70	+	the phrase “subsection (g) or (g-1)” in its place. 54
	71	+	Sec. 3. Chapter 3 of Title 14 of the District of Columbia Official Code is amended as 55
	72	+	follows: 56
	73	+	(a) Section 14-310(b)(4) is amended as follows: 57
	74	+	(1) Subparagraph (B) is amended by striking the phrase “whom the victim has” and 58
	75	+	inserting the phrase “whom a victim under 18 years of age has” in its place. 59
	76	+	(2) Subparagraph (C) is amended by striking the phrase “the victim” and inserting 60
	77	+	the phrase “a victim who is under 18 years of age” in its place. 61
	78	+	(b) Section 14-311(b)(4) is amended as follows: 62
	79	+	(1) Subparagraph (B) is amended by striking the phrase “with whom the victim 63
	80	+	has” and inserting the phrase “with whom a victim under 18 years of age has” in its place. 64
	81	+	(2) Subparagraph (C) is amended by striking the phrase “the victim” and inserting 65
	82	+	the phrase “a victim who is under 18 years of age” in its place. 66
	83	+	(c) Section 14-312(b)(4) is amended as follows: 67
	84	+	(1) Subparagraph (B) is amended by striking the phrase “with whom the victim 68
	85	+	has” and inserting the phrase “with whom a sexual assault victim under 18 years of age has” in its 69
	86	+	place. 70 ENGROSSED ORIGINAL
124	87
125	88
126	89
127		-	______________________________
128		-	Chairman
129		-	Council of the District of Columbia
	90	+
	91	+	4
	92	+	(2) Subparagraph (C) is amended by striking the phrase “the sexual assault victim” 71
	93	+	and inserting the phrase “a sexual assault victim who is under 18 years of age” in its place. 72
	94	+	Sec. 4. Technical amendment. 73
	95	+	Section 9q(b) of the Department of Transportation Establishment Act of 2002, effective 74
	96	+	November 13, 2021 (D.C. Law 24-45; D.C. Official Code § 50-921.25(b)), is amended as follows: 75
	97	+	(a) The lead-in language is amended as follows: 76
	98	+	(1) Strike the phrase “deposited in the revenue from fines” and insert the phrase 77
	99	+	“deposited in the Fund revenue from fines” in its place. 78
	100	+	(2) Strike the phrase “in excess of the following threshholds” and insert the phrase 79
	101	+	“in excess of the following thresholds” in its place. 80
	102	+	(b) Paragraph (4) is amended by striking the figure “$227,341,000” and inserting the figure 81
	103	+	“$277,341,000” in its place. 82
	104	+	Sec. 5. Applicability. 83
	105	+	Section 2 shall expire on the applicability date of section 105 of the Comprehensive 84
	106	+	Policing and Justice Reform Amendment Act of 2022, effective April 21, 2023 (D.C. Law 24-345; 85
	107	+	70 DCR 953). 86
	108	+	Sec. 6. Fiscal impact statement. 87
	109	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 88
	110	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 89
	111	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 90 ENGROSSED ORIGINAL
130	112
131	113
132	114
133		-	_________________________________
134		-	Mayor
135		-	District of Columbia
	115	+
	116	+	5
	117	+	Sec. 7. Effective date. 91
	118	+	(a) This act shall take effect following approval by the Mayor (or in the event of veto by 92
	119	+	the Mayor, action by the Council to override the veto), a 30-day period of congressional review as 93
	120	+	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 94
	121	+	1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 95
	122	+	Columbia Register. 96
	123	+	(b) This act shall expire after 225 days of its having taken effect. 97