District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0732 Latest Draft

Bill / Enrolled Version Filed 04/02/2024

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