DC
District Of Columbia Council Bill B25-0736

District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0736 Compare Versions

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1- ENGROSSED ORIGINAL
2-
3-
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61 1
72
8-A BILL 1
9- 2
10-25-736 3
3+ _________________________ 1
4+ Councilmember Brooke Pinto 2
5+ 3
116 4
12-IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
7+A BILL 5
138 6
14-_______________________________ 7
15- 8
9+ 7
10+IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 8
1611 9
17-To provide, on a temporary basis, for public safety enhancements in the District, and for other 10
18-purposes. 11
12+_______________________________ 10
13+ 11
1914 12
20- BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 13
21-act may be cited as the “Secure DC Omnibus Temporary Amendment Act of 2024”. 14
22- Sec. 2. The Office of Unified Communications Establishment Act of 2004, effective 15
23-December 7, 2004 (D.C. Law 15-205; D.C. Official Code § 1-327.51 et seq.), is amended by 16
24-adding new sections 3207b and 3207c to read as follows: 17
25- “Sec. 3207b. Call data collection and posting. 18
26-“(a) On a monthly basis, the Office shall collect and publicly post on the Office’s website 19
27-the number of calls eligible to be diverted and the number of calls actually diverted to: 20
28- “(1) The Department of Behavioral Health Access Help Line; 21
29- “(2) The District Department of Transportation, for motor vehicle collisions that 22
30-do not result in an injury; 23
31- “(3) The Department of Public Works (“DPW”), for parking enforcement; and 24
32- “(4) The Fire and Emergency Medical Services Department (“FEMS”) Nurse 25
33-Triage Line. 26 ENGROSSED ORIGINAL
15+To provide, on a temporary basis , for public safety enhancements in the District, and for other 13
16+purposes. 14
17+ 15
18+ BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 16
19+act may be cited as the “Secure DC Omnibus Temporary Amendment Act of 2024”. 17
20+ Sec. 2. The Office of Unified Communications Establishment Act of 2004, effective 18
21+December 7, 2004 (D.C. Law 15- 205; D.C. Official Code § 1- 327.51 et seq. ), is amended by 19
22+adding new sections 3207b and 3207c to read as follows: 20
23+ “Sec. 3207b. Call data collection and posting. 21
24+“(a) On a monthly basis, the Office shall collect and publicly post on the Office’s website 22
25+the number of calls eligible to be diverted and the number of calls actually diverted to: 23
26+ “(1) The Department of Behavioral Health Access Help Line; 24
27+ “(2) The District Department of Transportation, for motor vehicle collisions that 25
28+do not result in an injury; 26
29+ “(3) The Department of Public Works (“DPW”), for parking enforcement; and 27
30+ “(4) The Fire and Emergency Medical Services Department (“FEMS”) Nurse 28
31+Triage Line. 29
32+ “(b) On a monthly basis, the Office shall collect and publicly post the following 30
33+information on the Office’s website: 31 2
3434
35+ “(1) Descriptions of each call-handling issue, including mistaken addresses, 32
36+duplicate responses, or any other error or omission reported by the Council, other agencies, the 33
37+news media, OUC staff, or other sources, as well as the cause of the issue, whether the issue was 34
38+sustained, and the corrective action taken by the Office; 35
39+ “(2) The number of shifts operated under minimum staffing levels, for call-takers, 36
40+dispatchers, and s upervisors, including the difference between the minimum staffing level for 37
41+each role required per shift and the actual number of staff members for each role on a shift; 38
42+ “(3) Average and maximum call-to-answer times; 39
43+ “(4) Average and maximum answer-to-dispatch times; 40
44+ “(5) Percent of 911 calls in which call to queue is 90 seconds or less; 41
45+ “(6) The total number of calls; 42
46+ “(7) The number of calls in the queue for over 15 seconds; 43
47+ “(8) The number of abandoned calls, defined as any call that is disconnected 44
48+before it is answered; 45
49+ “(9) The number and type of 911 misuse calls; 46
50+ “(10) The number of text-to-911 messages received; 47
51+“(11) Average and maximum queue -to-dispatch and dispatch- to-arrival times for 48
52+Priority 1 calls to Fire and Emergency Services (“FEMS”) and Priority 1 calls to the 49
53+Metropolitan Police Department (“MPD”); 50
54+ “(12) The percentage of Priority 1 calls to FEMS and Priority 1 calls to MPD that 51
55+move from queue to dispatch in 60 seconds or less; 52
56+ “(13) Average and maximum time of call to arrival on the scene times for Priority 53
57+1 calls to FEMS and MPD; and 54 3
3558
59+ “(1 4) The percentage of emergency medical services calls that lead to dispatch of 55
60+advanced life support. 56
61+“(c) All data posted according to this section shall be archived and publicly posted for at 57
62+least 5 years from the date of publication. 58
63+“Sec. 3207c. 311 services. 59
64+ “(a) No later than 180 days after the effective date of the Secure DC Omnibus 60
65+Amendment Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed version of Bill 61
66+25-345), the Office shall permit persons to submit requests for the following services via the 62
67+District’s 311 system at all times: 63
68+ “(1) Maintenance of porous flexible pavement sidewalks by the District 64
69+Department of Transportation ( by selecting “ porous flexible pavement” as the material within the 65
70+“Sidewalk Repair” service group) ; 66
71+ “(2) Leaf collection by the Department of Public Works (“DPW”); except , that 67
72+the Office shall not be required to permit persons to submit requests for this service during 68
73+seasons in which DPW does not offer this service; and 69
74+ “(3) Graffiti removal by DPW; except , that the Office shall not be required to 70
75+permit persons to submit requests for this service during seasons in which DPW does not offer 71
76+this service. 72
77+“(b) No later than 180 days after the effective date of the Secure DC Omnibus 73
78+Amendment Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed version of Bill 74
79+25-345), the Office shall facilitate referrals and access to the relevant servicing entities for the 75
80+following request -types, such as through the posting of website links or contact information, and 76 4
3681
82+the Office may include a disclaimer that the referral does not commit the Office to back- end 77
83+work or quality assurance for completion of the service request: 78
84+ “( 1) Maintenance of electrical wires; 79
85+ “(2) Maintenance of utility poles; 80
86+ “(3) Maintenance of fire hydrants; and 81
87+ “(4) Alcoholic Beverage and Cannabis Administration response to issues relating 82
88+to alcohol sales, including: 83
89+ “(A) After-hours sales of alcohol; 84
90+ “(B) Breach of a settlement agreement; 85
91+ “(C) No Alcoholic Beverage Control (“ABC”) manager on duty; 86
92+ “(D) Excessive noise; 87
93+ “(E) Operating without an ABC license; 88
94+ “(F) Overcrowding; 89
95+ “(G) Sale of alcohol to intoxicated persons; 90
96+ “(H) Sale of alcohol to minors; and 91
97+ “(I) Trash. 92
98+ “(c) No later than 180 days after the effective date of the Secure DC Omnibus 93
99+Amendment Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed version of Bill 94
100+25-345), the Office shall direct 311 system users to the National Park Service website when a 95
101+user provides a property location that is under National Park Service jurisdiction.”. 96
102+Sec. 3. The Department of Youth Rehabilitation Services Establishment Act of 2004, 97
103+effective April 12, 2005 (D.C. Law 15- 335; D.C. Official Code § 2- 1515.01 et seq.), is amended 98
104+as follows: 99 5
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106+(a) Section 101 (D.C. Official Code § 2- 1515.01) is amended by adding a new paragraph 100
107+(9A) to read as follows: 101
108+ “(9A) “Law enforcement officer” means a sworn member of the Metropolitan 102
109+Police Department or any other law enforcement agency operating and authorized to make 103
110+arrests in the District of Columbia.”. 104
111+(b) Section 106 (D.C. Official Code § 2- 1515.06) is amended as follows: 105
112+ (1) Subsection (a) is amended as follows: 106
113+ (A) Paragraph (1) is amended by striking the phrase “youth in the 107
114+custody” and inserting the phrase “youth who are currently in or were previously in the custody” 108
115+in its place. 109
116+ (B) Paragraph (5) is amended by striking the phrase “youth in the custody” 110
117+and inserting the phrase “youth who are currently in or were previously in the custody” in its 111
118+place. 112
119+(2) Subsection (c) is amended to read as follows: 113
120+“(c) Notwithstanding the confidentiality requirements of this section, or any other 114
121+provision of law, the Mayor, or the Mayor’s designee, and any member of the Council, shall be 115
122+permitted to obtain the records pertaining to youth who are currently in or were previously in the 116
123+custody of the Department regardless of the source of the information contained in those records, 117
124+when necessary for the discharge of their duties; provided, that the Department data is 118
125+maintained, transmitted, and stored in a manner to protect the security and privacy of the youth 119
126+identified and to prevent the disclosure of any of the data or information to any individual, entity, 120
127+or agency not designated pursuant to subsection (b) of this section.”. 121
128+ (3) Subsection (d) is amended to read as follows: 122 6
39129
40- “(b) On a monthly basis, the Office shall collect and publicly post the following 27
41-information on the Office’s website: 28
42- “(1) Descriptions of each call-handling issue, including mistaken addresses, 29
43-duplicate responses, or any other error or omission reported by the Council, other agencies, the 30
44-news media, OUC staff, or other sources, as well as the cause of the issue, whether the issue was 31
45-sustained, and the corrective action taken by the Office; 32
46- “(2) The number of shifts operated under minimum staffing levels, for call-takers, 33
47-dispatchers, and supervisors, including the difference between the minimum staffing level for 34
48-each role required per shift and the actual number of staff members for each role on a shift; 35
49- “(3) Average and maximum call-to-answer times; 36
50- “(4) Average and maximum answer-to-dispatch times; 37
51- “(5) Percent of 911 calls in which call to queue is 90 seconds or less; 38
52- “(6) The total number of calls; 39
53- “(7) The number of calls in the queue for over 15 seconds; 40
54- “(8) The number of abandoned calls, defined as any call that is disconnected 41
55-before it is answered; 42
56- “(9) The number and type of 911 misuse calls; 43
57- “(10) The number of text-to-911 messages received; 44
58-“(11) Average and maximum queue-to-dispatch and dispatch-to-arrival times for 45
59-Priority 1 calls to Fire and Emergency Services (“FEMS”) and Priority 1 calls to the 46 ENGROSSED ORIGINAL
130+“(d) Notwithstanding the confidentiality requirements of this section, or any other 123
131+provision of law, a law enforcement officer may obtain records pertaining to youth who are 124
132+currently or were previously in the custody of the Department, other than juvenile case records, 125
133+as that term is defined in D.C. Official Code § 16- 2331(a), and juvenile social records, as that 126
134+term is defined in D.C. Official Code § 16- 2332(a), for the purpose of investigating a crime 127
135+allegedly involving a youth in the custody of the Department. The confidentiality of any 128
136+information disclosed to law enforcement officers pursuant to this section shall be maintained 129
137+pursuant to D.C. Official Code § 16- 2333.”. 130
138+(4) New subsections (e) and (f) are added to read as follows: 131
139+“(e)(1) The Department shall inform the Attorney General, and the committed youth’s 132
140+counsel, in advance: 133
141+“(A) As soon as is practicable, each time a committed youth is released 134
142+from a hardware or staff secure facility, regardless of the length of release; and 135
143+“(B) Within 24 hours, each time a committed youth: 136
144+ “(i) Escapes from a hardware or staff secure placement; or 137
145+ “(ii) Absconds from a community placement. 138
146+“(2) This subsection shall not apply to any youth who is committed only for a 139
147+status offense. 140
148+ “(f) Notwithstanding subsection (a)(5) of this section, unless the release of the 141
149+information is otherwise prohibited by law or the information relates to medical, dental, or 142
150+mental health appointments, the Attorney General, at the Attorney General’s discretion, may 143
151+disclose information received from the Department pursuant to subsection (e) of this section to: 144 7
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153+“(1) Any victim, any eyewitness, or any duly authorized attorney of any victim or 145
154+witness; 146
155+“(2) Any immediate family member or custodian of any victim or eyewitness, if 147
156+the victim or eyewitness is a child or if the victim is deceased or incapacitated, or any duly 148
157+authorized attorney of such immediate family member or custodian; or 149
158+“(3) The parent or guardian of the committed youth.”. 150
159+ Sec. 4. The Advisory Commission on Sentencing Establishment Act of 1998, 151
160+effective October 16, 1998 (D.C. Law 12- 167; D.C. Official Code § 3- 101 et seq.), is amended 152
161+as follows: 153
162+ (a) Section 3(a) (D.C. Official Code § 3- 102(a)) is amended as follows: 154
163+(1) The lead-in language is amended by striking the phrase “12 voting members” 155
164+and inserting the phrase “15 voting members” in its place. 156
165+ (2) Paragraph (1) is amended as follows: 157
166+ (A) Subparagraph (G) is amended to read as follows: 158
167+ “(G) Two members of the District of Columbia Bar, one who has 159
168+experience with criminal defense in the District of Columbia, and one who has experience with 160
169+criminal prosecution in the District of Columbia, appointed by the Chief Judge of the Superior 161
170+Court in consultation with the President of the District of Columbia Bar;”. 162
171+ (B) Subparagraph (H) is amended by striking the phrase “; and” and 163
172+inserting a semicolon in its place. 164
173+ (C) Subparagraph (I) is amended to read as follows: 165
174+ “(I) Two residents of the District of Columbia, nominated by the Mayor, 166
175+subject to confirmation by the Council;”. 167 8
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177+ (D) New subparagraphs (I-i) and (I-ii) are added to read as follows: 168
178+ “(I-i) Two residents of the District of Columbia, appointed by the Council, 169
179+one of whom is a returning citizen; and 170
180+“(I-ii) The Chief of the Metropolitan Police Department or the Chief’s 171
181+designee.”. 172
182+ (3) Paragraph (2) is amended as follows: 173
183+ (A) Subparagraph (B) is repealed. 174
184+ (B) Subparagraph (D) is amended by striking the phrase “; and” and 175
185+inserting a semicolon in its place. 176
186+ (C) Subparagraph (E) is amended by striking the period and inserting the 177
187+phrase “; and” in its place. 178
188+ (D) A new subparagraph (F) is added to read as follows: 179
189+ “(F) The Deputy Mayor for Public Safety and Justice or the Deputy 180
190+Mayor’s designee.”. 181
191+ (b) Section 4 ( D.C. Official Code § 3- 103) is amended as follows: 182
192+ (1) Subsection (b) is amended to read as follows: 183
193+“(b) A majority of the voting members appointed to the Commission shall constitute a 184
194+quorum.”. 185
195+ (2) Subsection (c) is amended to read as follows: 186
196+“(c) The Commission may act by an affirmative vote of a majority of voting members 187
197+present and voting after a quorum has been established.”. 188
198+ Sec. 5. Section 7(a)(1) of the Victims of Violent Crime Compensation Act of 1996, 189
199+effective April 9, 1997 (D.C. Law 11- 243; D.C. Official Code § 4- 506(a)(1)), is amended as 190 9
62200
201+follows: 191
202+ (a) Subparagraph (C) is amended as follows: 192
203+ (1) Strike the word “resolution” and insert the phrase “filing or resolution” in its 193
204+place. 194
205+ (2) Strike the phrase “; or” and insert a semicolon in its place. 195
206+ (b) Subparagraph (D) is amended as follows: 196
207+ (1) Strike the word “resolution” and insert the phrase “filing or resolution” in its 197
208+place. 198
209+ (2) Strike the phrase “; and” and insert the phrase “; or” in its place. 199
210+ (c) A new subparagraph (E) is added to read as follows: 200
211+ “(E) The filing or resolution of any other post-conviction motion in which 201
212+the claimant was a victim or secondary victim; and”. 202
213+ Sec. 6. Section 3022 of the Office of Victim Services and Justice Grants Transparency 203
214+Act of 2022, effective September 21, 2022 (D.C. Law 24- 167; D.C. Official Code § 4- 571.01), is 204
215+amended by adding a new subsection ( c) to read as follows: 205
216+ “(c) No later than 60 days after the effective date of the Secure DC Omnibus Amendment 206
217+Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed version of Bill 25- 345), and 207
218+annually thereafter, OVSJG shall publish information regarding the work of the Victim Services 208
219+Division, including: 209
220+ “(1) The number of victims engaged each month; 210
221+ “(2) The number of victims who accepted service each month; 211
222+ “(3) The services recommended to the victims each month; and 212 10
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224+ “(4) A summary of collected feedback from victims and their families on their 213
225+experiences with victim services and coordination efforts.”. 214
226+ Sec. 7. Section 386(c) of the Revised Statutes of the District of Columbia (D.C. Official 215
227+Code § 5- 113.01(c)), is amended by adding a new paragraph (1B) to read as follows: 216
228+ “(1B) Quarterly, the case closure rates for: 217
229+ “(A) Violent crimes, by offense, committed with or without the use of a 218
230+weapon; and 219
231+ “(B) Non-fatal shootings.”. 220
232+ Sec. 8. Section 3004 of the Body- Worn Camera Regulation and Reporting Requirements 221
233+Act of 2015, effective October 22, 2015 (D.C. Law 21- 36; D.C. Official Code § 5- 116.33), is 222
234+amended as follows: 223
235+ (a) Subsection (e) is amended to read as follows: 224
236+ “(e)(1) For any incident involving an officer-involved death or serious use of force, 225
237+officers shall not review any body- worn camera recordings to assist in initial report writing. 226
238+ “(2) For an incident other than those described in paragraph (1) of this subsection, 227
239+officers shall indicate, when writing any initial or subsequent reports, whether the officer viewed 228
240+body-worn camera footage prior to writing the report and specify what body- worn camera 229
241+footage the officer viewed.”. 230
242+ (b) Subsection (f) is amended to read as follows: 231
243+ “(f) When releasing body-worn camera recordings, the likenesses of any local, county, 232
244+state, or federal government law enforcement officers acting in their professional capacities, 233
245+other than those acting undercover, shall not be redacted or otherwise obscured.”. 234
246+ (c) Subsection (g) is amended as follows: 235 11
65247
66-Metropolitan Police Department (“MPD”); 47
67- “(12) The percentage of Priority 1 calls to FEMS and Priority 1 calls to MPD that 48
68-move from queue to dispatch in 60 seconds or less; 49
69- “(13) Average and maximum time of call to arrival on the scene times for Priority 50
70-1 calls to FEMS and MPD; and 51
71- “(14) The percentage of emergency medical services calls that lead to dispatch of 52
72-advanced life support. 53
73-“(c) All data posted according to this section shall be archived and publicly posted for at 54
74-least 5 years from the date of publication. 55
75-“Sec. 3207c. 311 services. 56
76- “(a) No later than 180 days after the effective date of the Secure DC Omnibus 57
77-Amendment Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed version of Bill 58
78-25-345), the Office shall permit persons to submit requests for the following services via the 59
79-District’s 311 system at all times: 60
80- “(1) Maintenance of porous flexible pavement sidewalks by the District 61
81-Department of Transportation (by selecting “porous flexible pavement” as the material within the 62
82-“Sidewalk Repair” service group); 63
83- “(2) Leaf collection by the Department of Public Works (“DPW”); except, that 64
84-the Office shall not be required to permit persons to submit requests for this service during 65
85-seasons in which DPW does not offer this service; and 66 ENGROSSED ORIGINAL
248+ (1) A new paragraph (2A) is added to read as follows: 236
249+“(2A) “Serious bodily injury” means extreme physical pain, illness, or impairment 237
250+of physical condition including physical injury that involves a substantial risk of death, 238
251+protracted and obvious disfigurement, protracted loss or impairment of the function of a bodily 239
252+member or organ, or protracted loss of consciousness.”. 240
253+(2) Paragraph (3) is amended as follows: 241
254+ (A) Subparagraph (A) is amended to read as follows: 242
255+ “(A) Firearm discharges by a Metropolitan Police Department officer, 243
256+with the exception of a negligent discharge that does not otherwise put members of the public at 244
257+risk of injury or death, or a range or training incident;”. 245
258+ (B) Subparagraph (C)(ii) is amended by striking the phrase “ a loss of 246
259+consciousness,” and inserting the phrase “a protracted loss of consciousness ,” in its place. 247
260+ Sec. 9. Section 3 (5) of the Limitation on the Use of Chokehold Act of 1985, effective 248
261+January 25, 1986 (D.C. Law 6- 77; D.C. Official Code § 5- 125.02(5) ), is amended to read as 249
262+follows: 250
263+ “(5) “Neck restraint” means the use of any body part or object by a law 251
264+enforcement officer to apply pressure against a person’s neck, including the trachea, carotid 252
265+artery, or jugular vein, with the purpose, intent, or effect of controlling or restricting the person’ s 253
266+airway, blood flow, or breathing, except in cases where t he law enforcement officer is acting in 254
267+good faith to provide medical care or treatment, such as by providing cardiopulmonary 255
268+resuscitation.”. 256
269+ Sec. 10. Title I of the Comprehensive Policing and Justice Amendment Act of 2022, 257
270+effective April 21, 2023 (D.C. Law 24- 345; D.C. Official Code passim ), is amended as follows: 258 12
86271
272+ (a) Section 106 (D.C. Official Code § 5- 353.01) is amended as follows: 259
273+(1) Subsection (b)(3) is amended by striking the phrase “and no current or prior 260
274+affiliation with” and inserting the phrase “and no current affiliation with” in its place. 261
275+ (2) A new subsection (c) is added to read as follows: 262
276+ “(c) Notwithstanding any other provision of law, the Metropolitan Police Department 263
277+shall publish the f indings of f act and merits determination for all Use of Force Review Board 264
278+investigations on its website.”. 265
279+ (b) The lead-in language of section 127(a)(11) (D.C. Official Code § 5- 365.01(a)(11)) is 266
280+amended by striking the phrase “a bodily injury or significant bodily injury that involves” and 267
281+inserting the phrase “extreme physical pain, illness, or impairment of physical condition, 268
282+including physical injury that involves” in its place. 269
283+ (c) Section 128 (D.C. Official Code § 5- 365.02) is amended as follows: 270
284+ (1) Subsection (a) is amended as follows: 271
285+ (A) Paragraph (1)(B) is amended by striking the phrase “immediate threat” 272
286+and inserting the phrase “imminent threat” in its place. 273
287+ (B) Paragraph (2) is amended as follows: 274
288+ (i) Subparagraph (A) is amended by striking the phrase “fleeing 275
289+suspect,” and inserting the phrase “fleeing suspect or suspects,” in its place. 276
290+ (ii) Subparagraph (B) is amended to read as follows: 277
291+ “(B) Under the totality of circumstances, not likely to cause death or 278
292+serious bodily injury to any person, other than to the fleeing suspect or suspects; and”. 279
293+ (2) Subsection (c) is amended by adding a new paragraph (3) to read as follows: 280 13
87294
295+ “(3) Nothing in this subsection shall be construed to permit any of the above 281
296+practices or tactics, to the extent they are prohibited by District law or by a law enforcement 282
297+agency.”. 283
298+ Sec. 11. Section 502(c)(2) of the Omnibus Public Safety Agency Reform Amendment 284
299+Act of 2004, effective September 30, 2004 (D.C. Law 15- 194; D.C. Official Code § 5-285
300+1031(c)(2)), is amended to read as follows: 286
301+ “(2) The schedule shall include: 287
302+ “(A) The date, time, and location of the hearing; and 288
303+ “(B) A summary of the alleged misconduct or charges against the subject 289
304+officer.”. 290
305+ Sec. 12. T he Firearms Control Regulations Act of 1975, effective September 24, 1976 291
306+(D.C. Law 1-85; D.C. Official Code § 7- 2501.01 et seq. ), is amended as follows: 292
307+ (a) A new section 213a is added to read as follows: 293
308+ “Sec. 213a. Sale of self-defense sprays. 294
309+ “Notwithstanding any other provision of this act, a person may transfer, offer for sale, 295
310+sell, give, or deliver a self-defense spray to another person in the District for the purposes set 296
311+forth in section 213; provided, that the self-defense spray is propelled from an aerosol container, 297
312+labeled with or accompanied by clearly written instructions as to its use, and dated to indicate its 298
313+anticipated useful life.”. 299
314+ (b) Section 601 (D.C. Official Code § 7- 2506.01) is amended as follows: 300
315+ (1) Subsection (b) is amended to read as follows: 301 14
88316
317+ “(b) No person in the District shall knowingly possess, sell, or transfer any item that is, in 302
318+fact, a large capacity ammunition feeding device regardless of whether the device is attached to a 303
319+firearm.”. 304
320+ (2) A new subsection (c) is added to read as follows: 305
321+ “(c) For the purposes of this section, the term “large capacity ammunition feeding 306
322+device” means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that 307
323+can be readily restored or converted to accept, more than 10 rounds of ammunition. The term 308
324+“large capacity ammunition feeding device” shall not include an attached tubular device 309
325+designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.”. 310
326+(c) Section 706 (D.C. Official Code § 7- 2507.06) is amended as follows: 311
327+ (1) Subsection (a) is amended as follows: 312
328+ (A) Paragraph (3)(B) is repealed. 313
329+ (B) Paragraph (4) is amended by striking the phrase “3 years, or both.” 314
330+and inserting the phrase “3 years, which shall be imposed consecutive to any other sentence of 315
331+incarceration, or both.” in its place. 316
332+ (C) A new paragraph (5) is added to read as follows: 317
333+ “(5) A person convicted of possessing a firearm with an intent to sell, offer for 318
334+sale, or make available for sale, in violation of section 501, shall be fined no more than the 319
335+amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, 320
336+effective June 11, 2013 (D.C. Law 19- 317; D.C. Official Code § 22- 3571.01), or incarcerated for 321
337+no less than 2 years nor more than 10 years, or both.”. 322
338+(2) Subsection (b) is amended by adding a new paragraph (1A) to read as follows: 323
339+ “(1A) The administrative disposition provided for in this subsection shall not be 324 15
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341+available to any person who has previously been convicted of any felony in the District or 325
342+elsewhere.”. 326
343+(d) Section 906(e) (D.C. Official Code § 7- 2509.06(e)) is amended as follows: 327
344+(1) Strike the phrase “a licensee” and insert the phrase “a person” in its place. 328
345+(2) Strike the phrase “a licensee’s” and insert the phrase “a person’s” in its place. 329
346+ (e) Section 1001(a)(2) (D.C. Official Code § 7- 2510.01(a)(2)) is amended as follows: 330
347+ (1) Subparagraph (A) is amended by striking the phrase “cohabitating, or 331
348+maintaining a romantic, dating, or sexual relationship” and inserting the phrase “cohabitating, or 332
349+is someone with whom the Respondent is, was, or is seeking to be in a romantic, dating, or 333
350+sexual relationship” in its place. 334
351+ (2) Subparagraph (B) is amended to read as follows: 335
352+ “(B) Any sworn member of a law enforcement agency operating in the 336
353+District of Columbia ; or”. 337
354+ (f) Section 1003(b)(1) (D.C. Official Code § 7- 2510.03(b)(1)) is amended by striking the 338
355+phrase “respondent by a Metropolitan Police Department officer not fewer than 7 days before the 339
356+hearing” and inserting the phrase “respondent prior to the hearing” in its place. 340
357+ (g) Section 1004(h) (D.C. Official Code § 7- 2510.04(h)) is amended by striking the 341
358+phrase “good cause shown” and inserting the phrase “good cause shown, or for longer periods if 342
359+all parties consent” in its place. 343
360+ (h) Section 1005(a) (D.C. Official Code § 7- 2510.05(a)) is amended as follows: 344
361+ (1) Paragraph (1) is amended by striking the phrase “ by a sworn member of the 345
362+Metropolitan Police Department” and inserting the phrase “by any sworn law enforcement 346 16
91363
92- “(3) Graffiti removal by DPW; except, that the Office shall not be required to 67
93-permit persons to submit requests for this service during seasons in which DPW does not offer 68
94-this service. 69
95-“(b) No later than 180 days after the effective date of the Secure DC Omnibus 70
96-Amendment Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed version of Bill 71
97-25-345), the Office shall facilitate referrals and access to the relevant servicing entities for the 72
98-following request-types, such as through the posting of website links or contact information, and 73
99-the Office may include a disclaimer that the referral does not commit the Office to back-end 74
100-work or quality assurance for completion of the service request: 75
101- “(1) Maintenance of electrical wires; 76
102- “(2) Maintenance of utility poles; 77
103- “(3) Maintenance of fire hydrants; and 78
104- “(4) Alcoholic Beverage and Cannabis Administration response to issues relating 79
105-to alcohol sales, including: 80
106- “(A) After-hours sales of alcohol; 81
107- “(B) Breach of a settlement agreement; 82
108- “(C) No Alcoholic Beverage Control (“ABC”) manager on duty; 83
109- “(D) Excessive noise; 84
110- “(E) Operating without an ABC license; 85
111- “(F) Overcrowding; 86 ENGROSSED ORIGINAL
364+officer, or in open court. Upon a finding of good cause, a judge may authorize personal service 347
365+by a person over the age of 18 who is not a sworn law enforcement officer” in its place. 348
366+ (2) Paragraph (3) is amended by striking the phrase “ shall notify the petitioner” 349
367+and inserting the phrase “shall notify the c ourt, who shall note this on the docket and notify the 350
368+petitioner” in its place. 351
369+ (i) Section 1006 (D.C. Official Code § 7- 2510.06) is amended as follows: 352
370+ (1) Subsection (a) is amended by striking the phrase “the court shall notify the 353
371+petitioner of the date” and inserting the phrase “the court shall send notice to the petitioner in 354
372+writing of the date” in its place. 355
373+ (2) Subsection (c) is amended by striking the phrase “ the respondent by a 356
374+Metropolitan Police Department officer not fewer than 21 days before the hearing” and inserting 357
375+the phrase “the respondent prior to the hearing by a person authorized to serve via personal 358
376+service” in its place. 359
377+ (j) Section 1013 (D.C. Official Code § 7- 2510.13) is amended as follows: 360
378+ (1) Subsection (a)(2)(D) is amended to read as follows: 361
379+ “(D) “The Johns Hopkins Center for Gun Violence Solutions;”. 362
380+ (2) Subsection (c) is amended by striking the phrase “Working Group” and 363
381+inserting the phrase “Working Group, and shall convene the Working Group no later than April 364
382+1, 2024” in its place. 365
383+ (3) Subsection (e) is amended by striking the phrase “January 1, 2023” and 366
384+inserting the phrase “April 1, 2025” in its place. 367
385+ (k) New sections 1014, 1015, and 1016 are added to read as follows: 368
386+ “Sec. 1014. Public awareness initiatives. 369 17
112387
388+ “By September 1, 2023: 370
389+ “(1) The Metropolitan Police Department shall prominently display information 371
390+about extreme risk protection orders, including the petition process, on its website; and 372
391+ “(2) The Office of the Attorney General shall develop and implement a public 373
392+awareness campaign to inform residents, professionals, and District government employees 374
393+about extreme risk protection orders, including the petition process. 375
394+“Sec. 1015. Implementation of strategic gun violence reduction strategies. 376
395+ “(a)(1) The Metropolitan Police Department (“MPD”) shall facilitate a Law Enforcement 377
396+Shooting Review no less than twice per month to review each shooting in the District that 378
397+occurred since the last Law Enforcement Shooting Review, including non- fatal shootings. 379
398+ “(2) The purpose of the Law Enforcement Shooting Reviews shall be to identify 380
399+the potential for retaliation and law enforcement or other government agency contacts or 381
400+interventions with persons involved in the reviewed shootings that may help to prevent 382
401+retaliatory criminal conduct, and then assign responsibilities for immediate contacts or 383
402+interventions. 384
403+“(3) The purpose of the Law Enforcement Shooting Review shall not be to 385
404+discuss information outside the investigative file. To the extent that there is any information 386
405+discussed during the Law Enforcement Shooting Review that is not already included in the 387
406+investigative file, MPD shall document that information in the investigative file. 388
407+ “(b) The Deputy Mayor for Public Safety and Justice shall coordinate a Coordination 389
408+Meeting/Intervention Services Shooting Review no less than twice per month to review each 390
409+shooting in the District that occurred since the last Coordination Meeting/Intervention Services 391
410+Shooting Review from a services and response perspective, in order to identify and assign 392 18
113411
412+government and community partners to outreach and engage those high- risk individuals 393
413+implicated by the shootings. 394
414+“Sec. 1016. Firearm tracing data and accountability report. 395
415+ “By February 1 of each year, the Mayor shall submit to the Council and post on the 396
416+Mayor’s website a report that includes the following information, using data from the preceding 397
417+calendar year: 398
418+ “(1) The total number of firearms recovered in the District; 399
419+ “(2) The location where each firearm was recovered, disaggregated by police 400
420+district; 401
421+ “(3) The total number of ghost guns recovered in the District.; 402
422+ “(4) To the extent possible, the number of firearms recovered, disaggregated by, if 403
423+available, manufacturer, firearm model, state or country of origin, and the last known point of 404
424+sale, transfer, theft, or loss of such firearm; and 405
425+ “(5) To the extent possible, an analysis of purchase patterns with the available 406
426+information from the firearms recovered.”. 407
427+Sec. 13. Section 14-307(d)(2) of District of Columbia Official Code is amended by 408
428+striking the phrase “confidential information” and inserting the phrase “confidential information 409
429+of a victim” in its place. 410
430+ Sec. 14. Title 16 of the District of Columbia Official Code is amended as follows: 411
431+ (a) Section 16-705(b)(1)(C)(ii) is amended by striking the phrase “; and” and inserting 412
432+the phrase “if the law enforcement officer was in uniform or acting in an official capacity at the 413
433+time of the offense; and” in its place. 414 19
114434
435+(b) Section 16- 1053(a) is amended as follows: 415
436+ (1) Paragraph (9) is amended by striking the phrase “; and” and inserting a 416
437+semicolon in its place. 417
438+ (2) Paragraph (10) is amended by striking the period and inserting the phrase “; 418
439+and” in its place. 419
440+ (3) A new paragraph (11) is added to read as follows: 420
441+ “(11) The Office of Unified Communications.”. 421
442+ (c)(1) Section 16- 2310(a-1)(1)(A) is amended to read as follows: 422
443+ “(A) Committed: 423
444+ “(i) A dangerous crime or a crime of violence while armed with or 424
445+having readily available a knife, pistol, firearm, or imitation firearm; or 425
446+ “(ii) Unarmed murder, first-degree sexual abuse, carjacking, or 426
447+assault with intent to commit any such offense; or”. 427
448+ (2) Paragraph (1) of this subsection shall expire 225 days after the effective date 428
449+of the Secure DC Omnibus Amendment Act of 2024, passed on 1st reading on February 6, 2024 429
450+(Engrossed version of Bill 25- 345). 430
451+(d) Section 16- 2316(e) is amended as follows: 431
452+ (1) Paragraph (3) is amended by striking the phrase “District of Columbia” and 432
453+inserting the phrase “District of Columbia, after providing respondent’s counsel and the Attorney 433
454+General with notice and the opportunity to be heard regarding the admission of non- necessary 434
455+persons,” in its place. 435 20
115456
116-5
457+(2) Paragraph (4) is amended by striking the phrase “attend transfer, factfinding, 436
458+disposition, and post-disposition hearings, subject” and inserting the phrase “attend any transfer, 437
459+plea, factfinding, disposition, or post-disposition hearing, subject” in its place. 438
460+ (3) Paragraph (5) is amended by striking the phrase “transfer, factfinding,” and 439
461+inserting the phrase “transfer, plea, factfinding,” in its place. 440
462+(e) Section 16- 2331 is amended as follows: 441
463+ (1) Subsection (c) is amended as follows: 442
464+ (A) Paragraph (2) is amended as follows: 443
465+ (i) Subparagraph (D) is amended as follows: 444
466+ (I) Sub-subparagraph (vi) is amended by striking the phrase 445
467+“; or” and inserting a semicolon in its place. 446
468+ (II) New sub-subparagraphs (viii) and (ix) are added to read 447
469+as follows: 448
470+“(viii) The respondent being in abscondence for more than 24 449
471+hours; or 450
472+“(ix) The respondent having escaped from a facility;”. 451
473+ (ii) Subparagraph (E) is amended as follows: 452
474+(I) Sub-subparagraph (vi) is amended by striking the phrase 453
475+“; or” and inserting a semicolon in its place. 454
476+ (II) New sub-subparagraphs (viii) and (ix) are added to read 455
477+as follows: 456
478+“(viii) The respondent being in abscondence for more than 24 457
479+hours; or 458 21
117480
118- “(G) Sale of alcohol to intoxicated persons; 87
119- “(H) Sale of alcohol to minors; and 88
120- “(I) Trash. 89
121- “(c) No later than 180 days after the effective date of the Secure DC Omnibus 90
122-Amendment Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed version of Bill 91
123-25-345), the Office shall direct 311 system users to the National Park Service website when a 92
124-user provides a property location that is under National Park Service jurisdiction.”. 93
125-Sec. 3. The Department of Youth Rehabilitation Services Establishment Act of 2004, 94
126-effective April 12, 2005 (D.C. Law 15-335; D.C. Official Code § 2-1515.01 et seq.), is amended 95
127-as follows: 96
128-(a) Section 101 (D.C. Official Code § 2-1515.01) is amended by adding a new paragraph 97
129-(9A) to read as follows: 98
130- “(9A) “Law enforcement officer” means a sworn member of the Metropolitan 99
131-Police Department or any other law enforcement agency operating and authorized to make 100
132-arrests in the District of Columbia.”. 101
133-(a) Section 101 (D.C. Official Code § 2-1515.01) is amended as follows: 102
134- (1) New paragraphs (9A) and (9B) are added to read as follows: 103
135-“(9A) “Hardware secure facility” means a congregate care facility with 104
136-construction features and a staffing model designed to physically restrict the movements and 105
137-activities of youth who are detained pending a final disposition of a petition. 106 ENGROSSED ORIGINAL
481+“(ix) The respondent having escaped from a facility; and”. 459
482+(B) Paragraph (4)(B) is amended by striking the phrase “Schools, and the” 460
483+and inserting the phrase “Schools, public charter schools, parochial schools, and private schools, 461
484+and the” in its place. 462
485+ (2) A new subsection (c-1) is added to read as follows: 463
486+“(c-1) Notwithstanding any provision of this section, when the court determines that a 464
487+stay-away order shall issue, it shall issue a standalone stay-away order and the Attorney General 465
488+shall provide to a victim or witness a copy of any stay- away order that pertains to that individual 466
489+or their property.”. 467
490+ (3) New subsections (h- 1) and (h-2) are added to read as follows: 468
491+“(h-1)(1) Notwithstanding subsection (b) of this section, if a child has a custody order for 469
492+abscondence from a Department of Youth Rehabilitation Services (“DYRS”) placement or court-470
493+ordered placement, the Family Court, in the best interest of a child, the interest of public safety, 471
494+or the interest of the safety of any person who may search for the child, may, after a hearing at 472
495+which the child’ s counsel is present, order the Metropolitan Police Department (“MPD”) to: 473
496+ “(A) Take a missing person’s report for a child; and 474
497+ “(B) Submit a missing person’s report to the National Center for Missing 475
498+and Exploited Children (“NCMEC”). 476
499+“(2) Evidence of the following factors shall be considered in making the 477
500+determination described in paragraph (1) of this subsection: 478
501+“(A) The child’s age; 479
502+“(B) The nature of the present delinquency offense or in need of 480
503+supervision offense and the extent and nature of the child’s prior record: 481 22
138504
505+“(C) Whether the child has been sexually exploited or is at risk of sexual 482
506+exploitation; 483
507+“(D) Whether there have been reports of abuse and neglect involving the 484
508+child; 485
509+“(E) Whether there is an open neglect case or other Child and Family 486
510+Services Agency involvement; 487
511+“(F) The child’s mental condition, including any disabilities; and 488
512+“(G) The child’s history of abscondences from DYRS or court-ordered 489
513+placements and the child’s history of running away from home. 490
514+“(3) If the Family Court orders MPD to take a missing person’s report, pursuant 491
515+to this section, any person with knowledge of the custody order may make a missing person’s 492
516+report to NCMEC; provided, that any person making such a report shall not disclose that there is 493
517+a custody order in effect. 494
518+“(4) For the purposes of this section, the term “child” means a person who has not 495
519+attained the age of 18 years. 496
520+“(h-2) Notwithstanding the provisions of this section, the Attorney General or 497
521+respondent’s attorney , at their discretion, may release juvenile case record information to 498
522+members of the press who are authorized to attend a court hearing pursuant to § 16- 2316(e); 499
523+provided, that the information is consistent with, and does not exceed the scope of, the 500
524+information that the court authorized the press to report when granting the press permission to 501
525+attend the hearing.”. 502
526+(f) Section 16- 2332(c) is amended as follows: 503
527+ (1) Paragraph (3) is amended to read as follows: 504 23
139528
529+“(3) Other court case participants and law enforcement: 505
530+“Law enforcement officers of the United States, the District of Columbia, and other 506
531+jurisdictions, except that such records shall be limited to photographs of the child, a physical 507
532+description of the child, any addresses where the child may be found, and the phone number or 508
533+other contact information of the child or the child’s parents, guardians, or custodians. The 509
534+confidentiality of any information disclosed to law enforcement officers pursuant to this 510
535+subsection shall be maintained pursuant to § 16- 2333;”. 511
536+(2) The lead-in language to paragraph (4)(D) is amended by striking the phrase 512
537+“Schools, and the” and inserting the phrase “Schools, public charter schools, parochial schools, 513
538+and private schools, and the” in its place. 514
539+(g) Section 16- 2333 is amended as follows: 515
540+ (1) Subsection (b)(4)(C) is amended by striking the phrase “, and the District of 516
541+Columbia Public Schools” and inserting the phrase “ , the District of Columbia Public Schools, 517
542+public charter schools, parochial schools, and private schools” in its place. 518
543+ (2) Subsection (f) is amended by striking the phrase “date of the crime .” and 519
544+inserting the phrase “month in which the crime occurred.” in its place. 520
545+(h) A new section 16- 2333.03 is added to read as follows: 521
546+Ҥ 16- 2333.03. Information sharing by agencies. 522
547+“(a) Notwithstanding the confidentiality provisions in §§ 2- 1515.06, 16- 2331, 16- 2332, 523
548+and 16- 2333, it shall not be an offense for an agency to publicly share data derived from juvenile 524
549+case records, juvenile social records, police and other law enforcement records, or confidential 525
550+Department of Youth Rehabilitation Services records, provided that: 526 24
140551
552+“(1) The data shared does not include any information that , by itself or in 527
553+combination with other publicly available information , could identify a particular person, 528
554+including a person’s name, Social Security number or other identifying number or code, address, 529
555+phone number, email address, or birth date; and 530
556+“(2) Record-level data is not shared, the data shared is aggregated, and any counts 531
557+or data points with fewer than 10 observations are suppressed. 532
558+“(b) For the purposes of this section , the term “agency” means the Superior Court of the 533
559+District of Columbia, the Office of the Attorney General for the District of Columbia, the 534
560+Metropolitan Police Department, and the Department of Youth Rehabilitation Services.”. 535
561+(i) Section 16- 2340(a)(2) is amended by striking the phrase “juvenile factfinding” and 536
562+inserting the phrase “juvenile plea hearings, factfinding” in its place. 537
563+ Sec. 15. An Act To establish a code of law for the District of Columbia, approved March 538
564+3, 1901 (31 Stat. 1189; D.C. Official Code passim ), is amended as follows: 539
565+(a) Section 806(a) (D.C. Official Code § 22- 404(a)) is amended as follows: 540
566+(1) Paragraph (2) is amended by striking the phrase “ or both. For the purposes of 541
567+this paragraph, the term “significant bodily injury” means an injury that requires hospitalization 542
568+or immediate medical attention.” and inserting the phrase “or both.” in its place. 543
569+ (2) A new paragraph (3) is added to read as follows: 544
570+ “(3) For the purposes of this section, the term “significant bodily injury” means: 545
571+ “(A) An injury that, to prevent long- term physical damage or to abate 546
572+severe pain, requires hospitalization or medical treatment beyond what a layperson can 547
573+personally administer; 548
574+ “(B) A fracture of a bone; 549 25
141575
142-6
576+ “(C) A laceration for which the victim required stitches, sutures, staples, 550
577+or closed-skin adhesives, or a laceration that is at least one inch in length and at least one quarter 551
578+of an inch in depth; 552
579+ “(D) A burn of at least second degree severity; 553
580+ “(E) Any loss of consciousness; 554
581+ “(F) A traumatic brain injury; or 555
582+ “(G) An injury where medical testing, beyond what a layperson can 556
583+personally administer, was performed to ascertain whether there was an injury described in 557
584+subparagraphs (A)-(F) of this paragraph .”. 558
585+(b) Section 806a (D.C. Official Code § 22- 404.01) is amended by adding a new 559
586+subsection (d) to read as follows: 560
587+“(d) For the purposes of this section, the term “serious bodily injury” means an injury or 561
588+significant bodily injury, as that term is defined in section 806(a)(3 ) that involves: 562
589+ “(1) A substantial risk of death; 563
590+ “(2) Protracted and obvious disfigurement; 564
591+ “(3) Protracted loss or impairment of the function of a bodily member, organ, or 565
592+mental faculty; 566
593+ “(4) Extended loss of consciousness; 567
594+ “(5) A burn of at least third degree severity; or 568
595+ “(6) A gunshot wound. ”. 569
596+(c) A new section 806d is added to read as follows: 570
597+“Sec. 806d. Strangulation. 571 26
143598
144-“(9B) “Law enforcement officer” means a sworn member of the Metropolitan 107
145-Police Department or any other law enforcement agency operating and authorized to make 108
146-arrests in the District of Columbia.”. 109
147-(2) A new paragraph (11A) is added to read as follows: 110
148-“(11A) “Staff secure facility” means a foster home or congregate care facility in 111
149-the community in which the movements and activities of individual youth residents may be 112
150-restricted or subject to control through the use of a staff supervision model as well as through 113
151-reasonable rules restricting entrance to and egress from the facility. A staff secure facility does 114
152-not contain construction features designed to physically restrict the movements and activities of 115
153-youth who are in its custody.”. 116
154-(b) Section 106 (D.C. Official Code § 2-1515.06) is amended as follows: 117
155- (1) Subsection (a) is amended as follows: 118
156- (A) Paragraph (1) is amended by striking the phrase “youth in the 119
157-custody” and inserting the phrase “youth who are currently in or were previously in the custody” 120
158-in its place. 121
159- (B) Paragraph (5) is amended by striking the phrase “youth in the custody” 122
160-and inserting the phrase “youth who are currently in or were previously in the custody” in its 123
161-place. 124
162-(2) Subsection (c) is amended to read as follows: 125 ENGROSSED ORIGINAL
599+“(a) A person commits the offense of strangulation if that person knowingly, 572
600+intentionally, or recklessly restricts the normal circulation of the blood or breathing of another 573
601+person, either by applying pressure on the throat, neck, or chest of another person, or by blocking 574
602+the nose or mouth of another person. 575
603+“(b) Except for as provided in subsection (c) of this section, a person convicted of 576
604+strangulation shall be fined no more than the amount set forth in section 101 of the Criminal Fine 577
605+Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19- 317; D.C. 578
606+Official Code § 22-3571.01), or incarcerated for no more than 5 years, or both. 579
607+“(c) A person convicted of strangulation may be fined up to 1½ times the maximum fine 580
608+otherwise authorized under this section and may be incarcerated for a term of up to 1½ times the 581
609+maximum term of incarceration otherwise authorized under this section, or both, if: 582
610+ “(1) The victim sustained serious bodily injury, as that term is defined in section 583
611+806a(d), as a result of the offense; 584
612+ “(2) The person was, at the time of the offense, required to stay away from or 585
613+have no contact with the victim as a condition of their parole or supervised release or pursuant to 586
614+a court order; or 587
615+ “(3) The person was, within 5 years of commission of the strangulation offense, 588
616+convicted of either an intrafamily offense, as that term is defined in D.C. Official Code § 16-589
617+1001(8), or a similar offense in the law of another jurisdiction. 590
618+“(d)(1) A conviction for strangulation merges with any other offense under this chapter 591
619+arising from the same act or course of conduct. 592
620+“(2) For a person found guilty of 2 or more offenses that merge under this section 593
621+the sentencing court shall either: 594 27
163622
623+ “(A) Vacate all but one of the offenses prior to sentencing according to the 595
624+rule of priority in paragraph ( 3) of this subsection; or 596
625+ “(B) Enter judgment and sentence the actor for offenses that merge; 597
626+provided, that: 598
627+“(i) Sentences for the offenses run concurrent to one another; and 599
628+“(ii) The convictions for all but, at most, one of the offenses shall 600
629+be vacated after: 601
630+ “(I) The time for appeal has expired; or 602
631+ “(II) The judgment that was appealed has been decided. 603
632+ “(3) When convictions are vacated under paragraph ( 2)(A) of this subsection, the 604
633+conviction that remains shall be the conviction for: 605
634+“(A) The offense with the highest authorized maximum period of 606
635+incarceration; or 607
636+“(B) If 2 or more offenses have the same highest authorized maximum 608
637+period of incarceration, any offense that the sentencing court deems appropriate.”. 609
638+(d) Section 811a(a)(1) (D.C. Official Code § 22- 2803(a)(1)) is amended to read as 610
639+follows: 611
640+“(1) A person commits the offense of carjacking if, by any means, that person 612
641+knowingly by force or violence, whether against resistance or by sudden or stealthy seizure or 613
642+snatching, or by putting in fear, or attempts to do so, shall take a motor vehicle from a person’s 614
643+immediate actual possession, or that person knowingly by force or violence, or by putting in fear, 615
644+shall take a key to a motor vehicle from the immediate actual possession of another person, while 616
645+that motor vehicle is within the line of sight of the person or the victim and close enough to the 617 28
164646
647+vehicle that the person taking the key to the motor vehicle can take immediate possession of it, 618
648+with the purpose and effect of immediately taking the motor vehicle of another.”. 619
649+Sec. 16. Section 432 of the Revised Statutes of the District of Columbia (D.C. Official 620
650+Code § 22- 405), is amended as follows: 621
651+ (a) Subsection (a) is amended by striking the phrase “any fire department operating in the 622
652+District of Columbia,” and inserting the phrase “any fire department operating in the District of 623
653+Columbia, any emergency medical technician, paramedic, intermediate paramedic, or other 624
654+member of any emergency medical services department operating in the District of Columbia,” 625
655+in its place. 626
656+ (b) Subsection (c) is amended as follows: 627
657+(1) The existing text is designated as paragraph (1). 628
658+(2) A new paragraph (2) is added to read as follows: 629
659+“(2) For the purposes of this subsection, the term “ significant bodily injury” shall 630
660+have the same meaning as provided in section 806(a)(3) of An Act To establish a code of law for 631
661+the District of Columbia, approved March 3, 1901 (31 Stat. 1322; D.C. Official Code § 22-632
662+404(a)(3)).”. 633
663+ Sec. 17. The Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10- 257; 634
664+D.C. Official Code § 22- 3001 et seq.), is amended as follows: 635
665+ (a) Section 101 ( D.C. Official Code § 22- 3001) is amended as follows: 636
666+ (1) Paragraph (7) is amended to read as follows: 637
667+ “(7) “Serious bodily injury” shall have the same meaning as provided in section 638
668+806a of An Act To establish a code of law for the District of Columbia, effective August 20, 639 29
165669
670+1994 (D.C. Law 10- 151; D.C. Official Code § 22- 404.01(d) ).”. 640
671+ (2) Paragraph (10) is amended as follows: 641
672+ (A) Subparagraph (C) is amended by striking the phrase “; and” and 642
673+inserting a semicolon in its place. 643
674+ (B) Subparagraph (D) is amended to read as follows: 644
675+ “(D) Any employee, contractor, consultant, or volunteer of a 645
676+school, religious institution, or an educational, social, recreational, athletic, musical, charitable, 646
677+or youth facility, organization, or program, including a teacher, coach, counselor, clergy, youth 647
678+leader, chorus director, bus driver, administrator, or support staff, or any other person in a 648
679+position of trust with or authority over a child or a minor.”. 649
680+ (b) Section 205 (D.C. Official Code § 22- 3006) is amended as follows: 650
681+(1) The existing text is designated as subsection (a). 651
682+(2) A new subsection (b) is added to read as follows: 652
683+“(b)(1) A person convicted of misdemeanor sexual abuse who has 3 or more prior 653
684+convictions for misdemeanor sexual abuse shall be fined no more than the amount set forth in 654
685+section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 655
686+2013 (D.C. Law 19- 317; D.C. Official Code § 22- 3571.01), or incarcerated for no more than 3 656
687+years, or both. 657
688+“(2) In addition to a violation of this section, a person shall be considered to have 658
689+prior convictions for misdemeanor sexual abuse if that person has been previously convicted of a 659
690+violation of a crime under the laws of any other jurisdiction that involved conduct that would, if 660
691+committed in the District of Columbia, constitute a violation of this section , or conduct that is 661
692+substantially similar to conduct prosecuted under this section. 662 30
166693
167-7
694+(c) Section 209a (D.C. Official Code § 22- 3010.01) is amended by adding a new 663
695+subsection (a-1) to read as follows: 664
696+“(a-1)(1) A person convicted of misdemeanor sexual abuse of a child or minor who has 3 665
697+or more prior convictions for misdemeanor sexual abuse of a child or minor shall be fined no 666
698+more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment 667
699+Act of 2012, effective June 11, 2013 (D.C. Law 19- 317; D.C. Official Code § 22- 3571.01), or 668
700+incarcerated for no more than 3 years, or both. 669
701+ “(2) In addition to a violation of this section, a person shall be considered as 670
702+having prior convictions for misdemeanor sexual abuse of a child or minor if that person has 671
703+been previously convicted of a violation of a crime under the laws of any other jurisdiction that 672
704+involved conduct that would, if committed in the District of Columbia, constitute a violation of 673
705+this section, or conduct that is substantially similar to conduct prosecuted under this section.”. 674
706+ (d) Section 219(a)(1) (D.C. Official Code § 22- 3020(a)(1)) is amended by striking the 675
707+phrase “12 years” and inserting the phrase “13 years” in its place. 676
708+ Sec. 18. The Criminalization of Non-Consensual Pornography Act of 2014, effective 677
709+May 7, 2015 (D.C. Law 20- 275; D.C. Official Code § 22- 3051 et seq.), is amended as follows: 678
710+ (a) Section 3(a)(2) (D.C. Official Code § 22- 3052(a)(2)) is amended to read as follows: 679
711+ “(2) The person disclosing the sexual image knew or consciously disregarded a 680
712+substantial and unjustifiable risk that the person depicted did not consent to the disclosure; and”. 681
713+ (b) Section 4(a) (D.C. Official Code § 22- 3053(a)) is amended as follows: 682
714+ (1) The lead-in language is amended by striking the phrase “identifiable person 683
715+when” and inserting the phrase “identifiable person, whether obtained directly from the person or 684
716+from a third party or other source, when” in its place. 685 31
168717
169-“(c) Notwithstanding the confidentiality requirements of this section, or any other 126
170-provision of law, the Mayor, or the Mayor’s designee, and any member of the Council, shall be 127
171-Notwithstanding the confidentiality requirements of this section, or any other provision of law, 128
172-the Mayor, or the Mayor’s designee, any member of the Council, the Office of the Attorney 129
173-General, the District of Columbia Auditor, and the District of Columbia Inspector General shall 130
174-be permitted to obtain the records pertaining to youth who are currently in or were previously in 131
175-the custody of the Department regardless of the source of the information contained in those 132
176-records, when necessary for the discharge of their duties; provided, that the Department data is 133
177-maintained, transmitted, and stored in a manner to protect the security and privacy of the youth 134
178-identified and to prevent the disclosure of any of the data or information to any individual, entity, 135
179-or agency not designated pursuant to subsection (b) of this section.”. 136
180- (3) Subsection (d) is amended to read as follows: 137
181-“(d) Notwithstanding the confidentiality requirements of this section, or any other 138
182-provision of law, a law enforcement officer may obtain records pertaining to youth who are 139
183-currently or were previously in the custody of the Department, other than juvenile case records, 140
184-as that term is defined in D.C. Official Code § 16-2331(a), and juvenile social records, as that 141
185-term is defined in D.C. Official Code § 16-2332(a), for the purpose of investigating a crime 142
186-allegedly involving a youth in the custody of the Department. The confidentiality of any 143
187-information disclosed to law enforcement officers pursuant to this section shall be maintained 144
188-pursuant to D.C. Official Code § 16-2333.”. 145 ENGROSSED ORIGINAL
718+ (2) Paragraph (1) is amended by striking the phrase “disclosure or publication of” 686
719+and inserting the phrase “publication of” in its place. 687
720+ (3) Paragraph (2) is amended to read as follows: 688
721+ “(2) The person publishing the sexual image knew or consciously disregarded a 689
722+substantial and unjustifiable risk that the person depicted did not consent to the publication; 690
723+and”. 691
724+ (c) Section 5(a) (D.C. Official Code § 22-3054(a)) is amended as follows: 692
725+ (1) Paragraph (1) is amended by striking the phrase “disclosure or publication of” 693
726+and inserting the phrase “publication of” in its place. 694
727+ (2) Paragraph (2) is amended to read as follows: 695
728+ “(2) The person publishing the sexual image knew or consciously disregarded a 696
729+substantial and unjustifiable risk that the sexual image was obtained as a result of a previous 697
730+disclosure or publication of the sexual image made with intent to harm the person depicted or to 698
731+receive financial gain.”. 699
732+ Sec. 19. The District of Columbia Theft and White Collar Crimes Act of 1982, effective 700
733+December 1, 1982 (D.C. Law 4- 164; D.C. Official Code § 22- 3201 et seq.), is amended as 701
734+follows: 702
735+ (a) A new section 111a is added to read as follows: 703
736+ “Sec. 111a. Directing organized r etail theft. 704
737+ “(a) For the purpose of this section, the term “organized retail theft” means acting in 705
738+concert with one or more other persons to commit theft, as described in section 111, of any 706
739+merchandise with a value greater than $1,000 aggregated over a 90- day period with the intent to: 707
740+ “(1) Sell, barter, or trade the merchandise for monetary or other gain; or 708 32
189741
742+ “(2) Fraudulently return the merchandise to a retail merchant. 709
743+ “(b) A person commits the offense of directing organized retail theft if any person acts as 710
744+an organizer by recruiting, directing, or coercing individuals to commit organized retail theft. 711
745+ “(c) A person who violates this section shall be guilty of a felony and, upon conviction, 712
746+shall be fined no more than the amount set forth in section 101 of the Criminal Fine 713
747+Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19- 317; D.C. 714
748+Official Code § 22- 3571.01), incarcerated for no more than 15 years, or both. 715
749+ “(d)(1) A conviction for directing organized retail theft merges with any other conviction 716
750+for being an accomplice to theft under section 111, an accomplice to shoplifting under section 717
751+113, or an accomplice to burglary under section 823 of An Act To establish a code of law for the 718
752+District of Columbia, approved March 3, 1901 (31 Stat. 1323; D.C. Official Code § 22- 801), or 719
753+for criminal conspiracy under section 908A of An Act To establish a code of law for the District 720
754+of Columbia, approved July 29, 1970 ( 84 Stat. 599; D.C. Official Code § 22- 1805a), arising from 721
755+the same act or course of conduct. 722
756+ “(2) For a person found guilty of 2 or more offenses that merge under this 723
757+subsection, the sentencing court shall either: 724
758+ “(A) Vacate all but one of the offenses prior to sentencing according to the 725
759+rule of priority in paragraph (3) of this subsection; or 726
760+ “(B) Enter judgment and sentence the actor for offenses that merge; 727
761+provided, that: 728
762+“(i) Sentences for the offenses run concurrent to one another; and 729
763+“(ii) The convictions for all but, at most, one of the offenses shall 730
764+be vacated after: 731 33
190765
766+ “(I) The time for appeal has expired; or 732
767+ “(II) The judgment that was appealed has been decided. 733
768+ “(3) When convictions are vacated under paragraph ( 2)(A) of this subsection, the 734
769+conviction that remains shall be the conviction for: 735
770+“(A) The offense with the highest authorized maximum period of 736
771+incarceration; or 737
772+“(B) If 2 or more offenses have the same highest authorized maximum 738
773+period of incarceration, any offense that the sentencing court deems appropriate.”. 739
774+ (b) Section 112(a) (D.C. Official Code § 22- 3212(a)) is amended to read as follows: 740
775+ “(a)(1) Theft in the first degree. – Any person convicted of theft in the first degree shall 741
776+be fined no more than the amount set forth in section 101 of the Criminal Fine Proportionality 742
777+Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19- 317; D.C. Official Code § 22-743
778+3571.01), or incarcerated for no more than 10 years, or both, if: 744
779+ “(A) The value of the property obtained or used is $500 or more; or 745
780+ “(B)(i) The person commits theft twice or more within a period of 6 746
781+months and the aggregate value of property obtained is $500 or more. 747
782+ “(ii) When a person commits theft twice or more within a period of 748
783+6 months pursuant to sub- subparagraph (i) of this subparagraph, the thefts may be aggregated 749
784+and charged in a single count, in which event they shall constitute a single offense. 750
785+ “(2) A conviction for first degree theft under paragraph (1)(C) of this subsection 751
786+merges with any other conviction for robbery under section 810 of An Act To establish a code of 752
787+law for the District of Columbia, approved March 3, 1901 (31 Stat. 1322; D.C. Official Code § 753
788+22-2801), and malicious destruction of property under section 848 of An Act To establish a code 754 34
191789
790+of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1327; D.C. Official Code 755
791+§ 22-303), arising from the same act or course of conduct. 756
792+ “(3) For a person found guilty of 2 or more offenses that merge under this 757
793+subsection, the sentencing court shall either: 758
794+ “(A) Vacate all but one of the offenses prior to sentencing according to the 759
795+rule of priority in paragraph (4) of this subsection; or 760
796+ “(B) Enter judgment and sentence the actor for offenses that merge; 761
797+provided, that: 762
798+“(i) Sentences for the offenses run concurrent to one another; and 763
799+“(ii) The convictions for all but, at most, one of the offenses shall 764
800+be vacated after: 765
801+“(I) The time for appeal has expired; or 766
802+ “(II) The judgment that was appealed has been decided. 767
803+ “(4) When convictions are vacated under paragraph (3)(A) of this subsection, the 768
804+conviction that remains shall be the conviction for: 769
805+“(A) The offense with the highest authorized maximum period of 770
806+incarceration; or 771
807+“(B) If 2 or more offenses have the same highest authorized maximum 772
808+period of incarceration, any offense that the sentencing court deems appropriate.”. 773
809+ (c) Section 201(b) (D.C. Official Code § 22- 3601(b)) is amended to read as follows: 774
810+ “(b) The provisions of subsection (a) of this section shall apply to the following offenses: 775
811+any crime of violence, as that term is defined in D.C. Official Code § 23- 1331(4), theft, fraud in 776
812+the first degree, and fraud in the second degree, identity theft, financial exploitation of a 777 35
192813
193-8
814+vulnerable adult or elderly person, or an attempt or conspiracy to commit any of the foregoing 778
815+offenses.”. 779
816+ (d) New sections 203 and 204 are added to read as follows: 780
817+ “Sec. 203. Enhanced penalty for committing a crime of violence against a person at a 781
818+Department of Parks and Recreation property. 782
819+ “(a) Any person who commits a crime of violence, as that term is defined in D.C. Official 783
820+Code § 23- 1331(4), against another person while located on a property administered by the 784
821+Department of Parks and Recreation may be punished by a fine of up to 1 1/2 times the 785
822+maximum fine otherwise authorized for the offense and may be imprisoned for a term of up to 1 786
823+1/2 times the maximum term of imprisonment otherwise authorized by the offense, or both. 787
824+ “(b) For the purposes of this section, the term “property” means any park, field, court, 788
825+play area, facility, or building, and the associated parking lot. 789
826+ “Sec. 204. Enhanced penalties for committing a crime of violence against vulnerable 790
827+adults. 791
828+ “(a) Any person who commits a crime of violence, as that term is defined in D.C. Official 792
829+Code § 23- 1331(4), against a vulnerable adult may be punished by a fine of up to 1 1/2 times the 793
830+maximum fine otherwise authorized for the offense and may be imprisoned for a term of up to 1 794
831+1/2 times the maximum term of imprisonment otherwise authorized for the offense, or both. 795
832+ “(b) It is an affirmative defense that the accused knew or reasonably believed that the 796
833+victim was not a vulnerable adult at the time of the offense, or could not have known or 797
834+determined that the victim was a vulnerable adult because of the manner in which the offense 798
835+was committed. This defense shall be established by a preponderance of the evidence. 799
836+ “(c) For the purposes of this section, the term “vulnerable adult” means a person who is 800 36
194837
195-(4) New subsections (e) and (f) are added to read as follows: 146
196-“(e)(1) The Department shall inform the Attorney General, and the committed youth’s 147
197-counsel, in advance: 148
198-“(A) As soon as is practicable, each time a committed youth is released 149
199-from a hardware or staff secure facility, regardless of the length of release; and 150
200-“(B) Within 24 hours, each time a committed youth: 151
201- “(i) Escapes from a hardware or staff secure placement; or 152
202- “(ii) Absconds from a community placement. 153
203-“(2) This subsection shall not apply to any youth who is committed only for a 154
204-status offense. 155
205- “(f) Notwithstanding subsection (a)(5) of this section, unless the release of the 156
206-information is otherwise prohibited by law or the information relates to medical, dental, or 157
207-mental health appointments, the Attorney General, at the Attorney General’s discretion, may 158
208-disclose information received from the Department pursuant to subsection (e) of this section to: 159
209-“(1) Any victim, any eyewitness, or any duly authorized attorney of any victim or 160
210-witness; 161
211-“(2) Any immediate family member or custodian of any victim or eyewitness, if 162
212-the victim or eyewitness is a child or if the victim is deceased or incapacitated, or any duly 163
213-authorized attorney of such immediate family member or custodian; or 164
214-“(3) The parent or guardian of the committed youth.”. 165 ENGROSSED ORIGINAL
838+18 years of age or older and has one or more physical or mental limitations that substantially 801
839+impairs the person’s ability to independently provide for their daily needs or safeguard their 802
840+person, property, or legal interests.”. 803
841+ Sec. 20. The Anti -Intimidation and Defacing of Public or Private Property Criminal 804
842+Penalty Act of 1982, effective March 10, 1983 (D.C. Law 4- 203; D.C. Official Code § 22- 3312 805
843+et seq.), is amended as follows: 806
844+ (a) Section 4 (D.C. Official Code § 22- 3312.03) is revived as of the effective date of the 807
845+Secure DC Omnibus Amendment Act of 2024, passed on 1st reading on February 6, 2024 808
846+(Engrossed version of Bill 25- 345), and amended to read as follows: 809
847+ “Sec. 4. Wearing masks. 810
848+ “It shall be unlawful for any person over 16 years of age, while wearing any mask or 811
849+other article whereby a substantial portion of the face is hidden, concealed, or covered as to 812
850+conceal the identity of the wearer to enter upon, be, or appear upon or within public property, or 813
851+hold any meeting or demonstration, if the intent of the person is to: 814
852+ “(1) Engage in conduct prohibited by civil or criminal law and avoid 815
853+identification; 816
854+ “(2) Deprive any person or class of persons of equal protection of the law or of 817
855+equal privileges and immunities under the law, or for the purpose of preventing or hindering the 818
856+constituted authorities of the United States or the District of Columbia from giving or securing 819
857+for all persons within the District of Columbia equal protection of the law; 820
858+ “(3) Force or threaten the use of force, to injure, intimidate, or interfere with any 821
859+person because of his or her exercise of any right secured by federal or District of Columbia 822 37
215860
861+laws, or to intimidate any person or any class of persons from exercising any right secured by 823
862+federal or District of Columbia laws; or 824
863+ “(4) Intimidate, threaten, abuse, or harass any other person.”. 825
864+ (b) Section 5(b) (D.C. Official Code § 22- 3312.04(b)) is amended by striking the phrase 826
865+“shall be” and inserting the phrase “or section 4 shall be” in its place. 827
866+Sec. 21. The Taxicab Drivers Protection Act of 2000, effective June 9, 2001 (D.C. Law 828
867+13-307; D.C. Official Code § 22- 3751 et seq.), is amended as follows: 829
868+ (a) Section 2 (D.C. Official Code § 22- 3751) is amended to read as follows: 830
869+ “Sec. 2. Enhanced penalties for committing a crime of violence against transportation 831
870+providers. 832
871+ “(a) Any person who commits a crime of violence, as that term is defined in D.C. Official 833
872+Code § 23- 1331(4), against a transportation provider may be punished by a fine of up to 1 1/2 834
873+times the maximum fine otherwise authorized for the offense and may be imprisoned for a term 835
874+of up to 1 1/2 times the maximum term of imprisonment otherwise authorized for the offense, or 836
875+both. 837
876+ “(b) For the purposes of this section, the term “transportation provider” means a person 838
877+who operates within the District of Columbia a private vehicle-for-hire or a public vehicle-for-839
878+hire, as those terms are defined in section 4(16A) and (17) of the Department of For-Hire 840
879+Vehicles Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6 -97; D.C. Official 841
880+Code § 50- 301.03(16A) and (17)), or a person that provides transportation of parcels, food, or 842
881+beverages in the District for compensation .”. 843
882+ (b) Section 2a (D.C. Official Code § 22- 3751.01) is amended as follows: 844
883+ (1) The section heading is amended to read as follows: 845 38
216884
885+ “Sec. 2a. Enhanced penalties for committing a crime of violence against transit operators, 846
886+Metrorail station managers, employees, and passengers.”. 847
887+ (2) Subsection (a) is amended to read as follows: 848
888+ “(a) Any person who commits a crime of violence, as that term is defined in D.C. Official 849
889+Code § 23- 1331(4), against a transit operator, who, at the time of the offense, is authorized to 850
890+operate and is operating a mass transit vehicle in the District of Columbia, or against a Metrorail 851
891+station manager or Metrorail station employee while on duty in the District of Columbia, may be 852
892+punished by a fine of up to one and 1/2 times the maximum fine otherwise authorized for the 853
893+offense and may be imprisoned for a term of up to one and 1/2 times the maximum term of 854
894+imprisonment otherwise authorized by the offense, or both.”. 855
895+ (3) A new subsection (a-1) is added to read as follows: 856
896+ “(a-1) Any person who commits a crime of violence, as that term is defined in D.C. 857
897+Official Code § 23- 1331(4), against a passenger of a mass transit vehicle may be punished by a 858
898+fine of up to one and 1/2 times the maximum fine otherwise authorized for the offense and may 859
899+be imprisoned for a term of up to one and 1/2 times the maximum term of imprisonment 860
900+otherwise authorized by the offense, or both.”. 861
901+ (4) Subsection (b) is amended as follows: 862
902+ (A) A new paragraph (1A) is added to read as follows: 863
903+ “(1A) “Metrorail station employee” means any Washington Metropolitan Area 864
904+Transit Authority employee who operates a bus or train or works in a Metrorail station.”. 865
905+ (B) A new paragraph (2A) is added to read as follows: 866
906+ “(2A) “Passenger” means a person who is traveling on a mass transit vehicle or 867 39
217907
908+waiting at a marked mass transit vehicle boarding location, such as a bus stop or Metrorail 868
909+station.”. 869
910+ (c) Section 3 (D.C. Official Code § 22- 3752) is repealed. 870
911+ Sec. 22. Section 2(6)(B) of the Sex Offender Registration Act of 1999, effective July 11, 871
912+2000 (D.C. Law 13- 137; D.C. Official Code § 22- 4001(6)(B)), is amended by striking the phrase 872
913+“12 years” wherever it appears and inserting the phrase “13 years” in its place. 873
914+ Sec. 23. An Act To control the possession, sale, transfer and use of pistols and 874
915+other dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of 875
916+evidence, and for other purposes, approved July 8, 1932 (47 Stat. 650; D.C. Official Code § 22-876
917+4501 et seq.), is amended as follows: 877
918+(a) Section 1 (D.C. Official Code § 22- 4501) is amended as follows: 878
919+ (1) Paragraphs (1) and (1A) are redesignated as paragraph (1A) and (1B), 879
920+respectively. 880
921+ (2) A new paragraph (1) is added to read as follows: 881
922+ “(1) “Ammunition” shall have the same meaning as provided in section 101(2) of 882
923+the Firearms Control Regulations Act of 1975, effective September 24, 1976 (D.C. Law 1- 85, 883
924+D.C. Official Code § 7- 2501.01(2)).”. 884
925+(3) A new paragraph (4A) is added to read as follows: 885
926+“(4A) “Open to the general public” means a location: 886
927+ “(A) To which the public is invited; and 887
928+ “(B) For which no payment, membership, affiliation, appointment, or 888
929+special permission is required for an adult to enter, other than proof of age or a security 889
930+screening.”. 890 40
218931
219-9
932+ (4) Paragraph (7A) is redesignated as paragraph (7B). 891
933+(5) A new paragraph (7A) is added to read as follows: 892
934+“(7A) “Public conveyance” means any government-operated air, land, or water 893
935+vehicle used for the transportation of persons, including any airplane, train, bus, or boat.”. 894
936+ (b) Section 3 (D.C. Official Code § 22- 4503) is amended as follows: 895
937+ (1) Subsection (a) is amended as follows: 896
938+ (A) Paragraph (5)(C) is amended by striking the semicolon and inserting 897
939+the phrase “; or” in its place. 898
940+ (B) Paragraph (6) is amended to read as follows: 899
941+ “(6) Has been convicted within the past 5 years of: 900
942+ “(A) An intrafamily offense, as that term is defined in D.C. Official Code 901
943+§ 16-1001(8), or any similar provision in the law of another jurisdiction; or 902
944+ “(B) Stalking or attempted stalking, pursuant to Title V of the Omnibus 903
945+Public Safety and Justice Amendment Act of 2009, effective December 10, 2009 (D.C. Law 18-904
946+88; D.C. Official Code § 22- 3131 et seq.), or any similar provision in the law of another 905
947+jurisdiction.”. 906
948+ (2) New subsections (c-1) and (c-2) are added to read as follows: 907
949+ “(c-1)(1) It shall be unlawful for any person knowingly to possess or receive any firearm 908
950+which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered. 909
951+ “(2) It shall be unlawful for any person to receive, possess, conceal, store, barter, 910
952+sell, or dispose of any stolen firearm or stolen ammunition, or pledge or accept as security for a 911
953+loan any stolen firearm or stolen ammunition, knowing or having reasonable cause to believe 912
954+that the firearm or ammunition was stolen. 913 41
220955
221-(4) New subsections (e) through (h) are added to read as follows: 166
222-“(e)(1) The Department shall inform the Attorney General, and the committed youth’s 167
223-counsel, in advance: 168
224-“(A) As soon as is practicable, each time a committed youth is released 169
225-from a hardware or staff secure facility, regardless of the length of release; and 170
226-“(B) Within 24 hours, each time a committed youth: 171
227- “(i) Escapes from a hardware secure facility or a staff secure 172
228-facility; or 173
229- “(ii) Absconds from a community placement. 174
230-“(2) This subsection shall not apply to any youth who is committed only for a 175
231-status offense. 176
232- “(f) Notwithstanding subsection (a)(5) of this section, unless the release of the 177
233-information is otherwise prohibited by law or the information relates to medical, dental, or 178
234-mental health appointments, the Attorney General, at the Attorney General’s discretion, may 179
235-disclose information received from the Department pursuant to subsection (e) of this section to: 180
236-“(1) Any victim, any eyewitness, or any duly authorized attorney of any victim or 181
237-witness; 182
238-“(2) Any immediate family member or custodian of any victim or eyewitness, if 183
239-the victim or eyewitness is a child or if the victim is deceased or incapacitated, or any duly 184
240-authorized attorney of such immediate family member or custodian; or 185 ENGROSSED ORIGINAL
956+ “(c-2) A person who violates subsection (c-1) of this section shall upon conviction be 914
957+fined no more than the amount set forth in section 101 of the Criminal Fine Proportionality 915
958+Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19- 317; D.C. Official Code § 22-916
959+3571.01), or incarcerated no less than 2 years nor more than 5 years, or both.”. 917
960+ (c) Section 3a (D.C. Official Code § 22- 4503.01) is amended as follows: 918
961+ (1) The existing text is designated as subsection (a). 919
962+ (2) A new subsection (b) is added to read as follows: 920
963+ “(b) A person who violates this section shall upon conviction be fined no more than the 921
964+amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, 922
965+effective June 11, 2013 (D.C. Law 19- 317; D.C. Official Code § 22- 3571.01), or incarcerated for 923
966+no more than 2 years, or both.”. 924
967+(d) New sections 3c and 3d are added to read as follows: 925
968+“Sec. 3c. Endangerment with a firearm. 926
969+“(a) A person commits endangerment with a firearm when the person: 927
970+ “(1) Knowingly discharges a projectile from a firearm outside a licensed firing 928
971+range; and 929
972+ “(2) Either: 930
973+ “(A) The person knows that the discharged projectile creates a substantial 931
974+risk of death or bodily injury to another person; or 932
975+ “(B) In fact: 933
976+ “(i) The person is in, or the discharged projectile travels through or 934
977+stops in, a location that is: 935
978+“(I) Open to the general public at the time of the offense; 936 42
241979
980+“(II) A communal area of multi- unit housing; or 937
981+“(III) Inside a public conveyance or a rail station; and 938
982+ “(ii) The person does not have permission to discharge a projectile 939
983+from a firearm under: 940
984+ “(I) A written permit issued by the Metropolitan Police 941
985+Department; or 942
986+ “(II) Other District or federal law. 943
987+“(b) Except as provided in subsection (c) of this section, whoever violates this section 944
988+shall upon conviction be fined no more than the amount set forth in section 101 of the Criminal 945
989+Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19- 317; D.C. 946
990+Official Code § 22- 3571.01), or incarcerated for no more than 5 years, or both. 947
991+“(c) Whoever violates this section shall upon conviction be fined no more than the 948
992+amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, 949
993+effective June 11, 2013 (D.C. Law 19- 317; D.C. Official Code § 22- 3571.01), or incarcerated for 950
994+no more than 10 years, or both, if: 951
995+ “(1) The violation of this section occurs after a person has been convicted of a 952
996+felony, either in the District of Columbia or another jurisdiction; or 953
997+ “(2) Five or more projectiles are discharged from a firearm within a single course 954
998+of conduct. 955
999+“(d) When arising from the same act or course of conduct, a conviction for an offense 956
1000+under this section shall merge with a conviction: 957
1001+ “(1) Under section 3a; or 958 43
2421002
1003+ “(2) For another offense outside of this act that has, as an element in the offense 959
1004+definition or in the applicable penalty enhancement, possessing or having readily available a 960
1005+firearm, imitation firearm, or dangerous weapon. 961
1006+“(e) No mental state shall be required as to any element under subsection (a)(2)(B) of this 962
1007+section. 963
1008+ “(f) It shall be a defense to liability under this section that the person discharged a firearm 964
1009+under circumstances constituting lawful self-defense or defense of others. 965
1010+“Sec. 3d. Unlawful discarding of firearms and ammunition. 966
1011+ “(a) It shall be unlawful for any person to knowingly discard, throw, or deposit any 967
1012+loaded or unloaded firearm or ammunition in a place other than the person’s dwelling place, 968
1013+place of business, or on other land possessed by the person. 969
1014+ “(b) Subsection (a) of this section shall not apply where a person: 970
1015+ “(1) Throws, discards, or deposits any firearm or ammunition in a securely locked 971
1016+box or secured container; 972
1017+ “(2) Is expressly directed by a law enforcement officer to throw, discard, or 973
1018+deposit any firearm or ammunition, and does so in the manner directed by the officer, and not 974
1019+while fleeing or attempting to elude any law enforcement officer; 975
1020+ “(3) Throws, discards, or deposits any firearm or ammunition while participating 976
1021+in a lawful firearms training and safety class conducted by an arms instructor; or 977
1022+ “(4) Who is a licensee, as that term is defined in s ection 901(5) of the Firearms 978
1023+Control Regulations Act of 1975, effective June 16, 2015 (D.C. Law 20- 279, D.C. Official Code 979
1024+§ 7-2509.01(5)), and is in compliance with the provisions of Title IX of the Firearms Control 980
1025+Regulations Act of 1975, effective June 16, 2015 (D.C. Law 20- 279, D.C. Official Code § 7-981 44
2431026
1027+2509.01 et seq. ). 982
1028+ “(c) It shall be an affirmative defense, which shall be proven by a preponderance of the 983
1029+evidence, that the person threw, discarded, or deposited the firearm or ammunition while, in fact, 984
1030+voluntarily surrendering the item pursuant to s ection 705 of the Firearms Control Regulations 985
1031+Act of 1975, effective September 24, 1976 (D.C. Law 1- 85, D.C. Official Code § 7- 2507.05) or 986
1032+as expressly provided by District or federal law. 987
1033+ “(d)(1) Except as provided in paragraph (2) of this subsection, a person who violates this 988
1034+section shall be fined no more than the amount set forth in section 101 of the Criminal Fine 989
1035+Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19- 317; D.C. 990
1036+Official Code § 22- 3571.01), or incarcerated for no more than 5 years, or both. 991
1037+ “(2) If the violation of this section occurs after a person has been convicted of a 992
1038+felony, either in the District of Columbia or another jurisdiction, the person shall be fined no 993
1039+more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment 994
1040+Act of 2012, effective June 11, 2013 (D.C. Law 19- 317; D.C. Official Code § 22- 3571.01), or 995
1041+incarcerated for no more than 10 years, or both.”. 996
1042+ (e) Section 14 (D.C. Official Code § 22- 4514) is amended as follows: 997
1043+(1) Subsection (a) is amended by striking the phrase “any machine gun,” and 998
1044+inserting the phrase “any item that is, in fact, a machine gun,” in its place. 999
1045+ (2) Subsection (c) is amended to read as follows: 1000
1046+ “(c) Whoever violates this section shall be punished as provided in section 15 unless: 1001
1047+ “(1) The violation involves possession of a machine gun, sawed -off shotgun, or 1002
1048+ghost gun, in which case such person shall be fined no more than the amount set forth in section 1003
1049+101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. 1004 45
2441050
245-10
1051+Law 19-317; D.C. Official Code § 22- 3571.01), or incarcerated for no more than 5 years, or 1005
1052+both; 1006
1053+ “(2) The violation involves possession of a machine gun, in which case such 1007
1054+person shall be fined no more than the amount set forth in section 101 of the Criminal Fine 1008
1055+Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19- 317; D.C. 1009
1056+Official Code § 22- 3571.01), or incarcerated for no more than 5 years , which shall be imposed 1010
1057+consecutive to any other sentence of imprisonment, or both; or 1011
1058+ “(3) The violation occurs after such person has been convicted in the District of 1012
1059+Columbia of a violation of this section, or of a felony, either in the District of Columbia or in 1013
1060+another jurisdiction, in which case such person shall be fined no more than the amount set forth 1014
1061+in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 1015
1062+2013 (D.C. Law 19- 317; D.C. Official Code § 22- 3571.01), or incarcerated for no more than 10 1016
1063+years, or both.”. 1017
1064+ (3) Subsection (d) is repealed. 1018
1065+ Sec. 30. Title 23 of the District of Columbia Official Code is amended as follows: 1019
1066+ (a) Section 23- 113(a) is amended by adding a new paragraph ( 1A) to read as follows: 1020
1067+ “(1A) Any offense that is properly joinable with any of the crimes listed in 1021
1068+paragraph (1) of this subsection is barred if not commenced within 15 years after it is 1022
1069+committed.”. 1023
1070+ (b) Section 23- 563(b) is amended to read as follows: 1024
1071+ “(b)(1) A warrant or summons issued by the Superior Court of the District of Columbia 1025
1072+for an offense punishable by imprisonment for not more than one year, or by a fine only, or by 1026
1073+such imprisonment and a fine: 1027 46
2461074
247-“(3) The parent or guardian of the committed youth. 186
248- “(g) Neither the Department’s failure to timely inform the Attorney General or committed 187
249-youth’s counsel pursuant to subsection (e)(1) of this section nor the Attorney General’s decision 188
250-to disclose information pursuant to subsection (f) of this section shall serve as the basis for 189
251-delaying the release of a committed youth from a hardware secure facility or staff secure facility. 190
252-“(h) No person shall disclose, inspect, or use records in violation of this section. A 191
253-violation of this section shall constitute a violation of D.C. Official Code § 16-2336.”. 192
254- Sec. 4. The Advisory Commission on Sentencing Establishment Act of 1998, effective 193
255-October 16, 1998 (D.C. Law 12-167; D.C. Official Code § 3-101 et seq.), is amended as follows: 194
256- (a) Section 3(a) (D.C. Official Code § 3-102(a)) is amended as follows: 195
257-(1) The lead-in language is amended by striking the phrase “12 voting members” 196
258-and inserting the phrase “15 voting members” in its place. 197
259- (2) Paragraph (1) is amended as follows: 198
260- (A) Subparagraph (G) is amended to read as follows: 199
261- “(G) Two members of the District of Columbia Bar, one who has 200
262-experience with criminal defense in the District of Columbia, and one who has experience with 201
263-criminal prosecution in the District of Columbia, appointed by the Chief Judge of the Superior 202
264-Court in consultation with the President of the District of Columbia Bar;”. 203
265- (B) Subparagraph (H) is amended by striking the phrase “; and” and 204
266-inserting a semicolon in its place. 205 ENGROSSED ORIGINAL
1075+ “(A)(i) May be served in any place in the District of Columbia; or 1028
1076+ “(ii) May be served at any place within the jurisdiction of the 1029
1077+United States, if a judicial officer of the Superior Court of the District of Columbia finds that 1030
1078+good cause exists for the warrant or summons to be served at any place within the jurisdiction of 1031
1079+the United States; and 1032
1080+ “(B) May not be executed more than one year after the date of issuance. 1033
1081+ “(2) Good cause for the warrant or summons to be served at any place within the 1034
1082+jurisdiction of the United States is presumed where the warrant or summons is for an intrafamily 1035
1083+offense, as that term is defined in § 16- 1001(8), or where the warrant or summons is for an 1036
1084+offense under Chapter 30 of Title 22 of the District of Columbia Official Code.”. 1037
1085+ (c) Section 23- 581 is amended as follows: 1038
1086+ (1) Subsection (a)(3) is amended as follows: 1039
1087+ (A) Strike the phrase “Fleeing from the scene of an accident” and insert 1040
1088+the phrase “Leaving after colliding” in its place. 1041
1089+ (B) Strike the phrase “section 10(a) (D.C. Official Code § 50- 2201.05(a))” 1042
1090+and insert the phrase “section 10c (D.C. Official Code § 50- 2201.05c)” in its place. 1043
1091+ (2) Subsection (a -3) is amended by striking the phrase “sections 22-3112.1 and 1044
1092+22-3112.2” and inserting the phrase “§§ 22- 3312.01, 22- 3312.02, and 22-3312.03” in its place. 1045
1093+ (d) Section 23-1303(d) is amended to read as follows: 1046
1094+ “(d) Any information contained in the agency’s files, presented in its report, or divulged 1047
1095+during the course of any hearing shall not be admissible on the issue of guilt in any judicial 1048
1096+proceeding, but such information may be used in proceedings under §§ 23- 1327, 23- 1328, and 1049
1097+23-1329, in perjury proceedings, and for the purposes of impeachment in any subsequent 1050 47
2671098
1099+proceeding. Any information obtained from a device, as that term is defined in § 22- 1211(a)(2), 1051
1100+may be used on the issue of guilt in any judicial proceeding.”. 1052
1101+ (e) Section 23- 1321 is amended by adding a new subsecti on (e) to read as follows: 1053
1102+ “(e)(1) The Metropolitan Police Department may request a supervisory agency to provide 1054
1103+the Metropolitan Police Department with location and identification data collected from any 1055
1104+detection device that a person is required to wear while incarcerated or committed, while subject 1056
1105+to a protection order, or while on pretrial release, presentence release, predisposition release, 1057
1106+supervised release, probation, or parole that is deemed by the Chief of Police as necessary in 1058
1107+conducting a criminal law enforcement investigation. The Department of Youth Rehabilitation 1059
1108+Services shall comply with any request under this subsection. 1060
1109+“(2) For the purposes of this subsection, the term: 1061
1110+ “(A) “Device” shall have the same meaning as in section 103(a)(2) of the 1062
1111+Omnibus Public Safety and Justice Amendment Act of 2009, effective December 10, 2009 (D.C. 1063
1112+Law 18-88; D.C. Official Code § 22- 1211(a)(2)). 1064
1113+ “(B) “Supervisory agencies” means the following agencies: 1065
1114+ “(i) The Court Services and Offender Supervision Agency of the District 1066
1115+of Columbia; 1067
1116+ “(ii) The Department of Youth Rehabilitation Services; 1068
1117+ “(iii) The Superior Court of the District of Columbia’s Family Court 1069
1118+Social Services Division; and 1070
1119+ “(iv) The Pretrial Services Agency for the District of Columbia.”. 1071
1120+ (f) Section 23- 1331 is amended as follows: 1072
1121+ (1) Paragraph (3)(H) is amended to read as follows: 1073 48
2681122
1123+ “(H) Any felony offense under Chapter 30 of Title 22 (Sexual Abuse);”. 1074
1124+ (2) Paragraph (4) is amended by striking the phrase “third degrees;” and inserting 1075
1125+the phrase “third degrees; misdemeanor sexual abuse pursuant to § 22- 3006(b); misdemeanor 1076
1126+sexual abuse of a child or minor pursuant to § 22- 3010.01(a-1); strangulation;” in its place. 1077
1127+ (g) Section 23-1903(d) is amended as follows: 1078
1128+ (1) Strike the phrase “child is called to give testimony” and insert the phrase 1079
1129+“child is a victim or is called to give testimony” in its place. 1080
1130+ (2) Strike the phrase “granting a continuance in cases involving a child witness” 1081
1131+and insert the phrase “granting a continuance in cases involving a child victim or child witness” 1082
1132+in its place. 1083
1133+ (j) Section 23-1912(a) is amended by striking the phrase “subject to a custodial arrest” 1084
1134+and inserting the phrase “subject to a subsequent custodial arrest” in its place. 1085
1135+ Sec. 24. Section 11233 of the National Capital Revitalization and Self-Government 1086
1136+Improvement Act of 1997, approved August 5, 1997 (111 Stat. 748; D.C. Official Code § 24-1087
1137+133), is amended as follows: 1088
1138+ (a) Subsection (b)(2)(F) is amended to read as follows: 1089
1139+ “(F) Develop and implement intermediate sanctions and incentives for 1090
1140+sentenced offenders that officers may use in response to violations of, or compliance with, the 1091
1141+conditions of release;”. 1092
1142+ (b) Subsection (c) is amended as follows: 1093
1143+ (1) Paragraph (2) is amended as follows: 1094
1144+ (A) Subparagraph (A) is amended by striking the phrase “; and” and 1095
1145+inserting a semicolon in its place. 1096 49
2691146
1147+ (B) Subparagraph (B) is amended by striking the period and inserting the 1097
1148+phrase “; and” in its place. 1098
1149+ (C) A new subparagraph (C) is added to read as follows: 1099
1150+ “(C) The Agency may impose intermediate sanctions and utilize 1100
1151+incentives for offenders who violate, or comply with, the conditions of supervised release; 1101
1152+provided, that the Director shall notify the Commission of the use of any intermediate sanctions 1102
1153+on the same day in which the sanction is imposed.”. 1103
1154+ (2) Paragraph (3) is amended to read as follows: 1104
1155+ “(3) Supervision of probationers. — Subject to appropriations and program 1105
1156+availability, the Agency shall supervise all offenders placed on probation by the Superior Court 1106
1157+of the District of Columbia. The Agency shall carry out the conditions of release imposed by the 1107
1158+Superior Court (including conditions that probationers undergo training, education, therapy, 1108
1159+counseling, drug testing, or drug treatment), impose or implement intermediate sanctions and 1109
1160+utilize incentives for violations of, or compliance with, the conditions of release, and shall make 1110
1161+such reports to the Superior Court with respect to an individual on probation as the Superior 1111
1162+Court may require.”. 1112
1163+ (3) Paragraph (4) is amended to read as follows: 1113
1164+ “(4) Supervision of District of Columbia parolees. — The Agency shall supervise 1114
1165+all individuals on parole pursuant to the District of Columbia Official Code. The Agency shall 1115
1166+carry out the conditions of release imposed by the United States Parole Commission or, with 1116
1167+respect to a misdemeanant, by the Superior Court of the District of Columbia, impose or 1117
1168+implement intermediate sanctions and utilize incentives for violations of, or compliance with, the 1118 50
2701169
271-11
1170+conditions of release, and shall make such reports to the Commission or Court with respect to an 1119
1171+individual on parole supervision as the Commission or Court may require.”. 1120
1172+ (c) Subsection (d) is amended to read as follows: 1121
1173+ “(d) Authority of officers. — The supervision officers of the Agency shall have and 1122
1174+exercise the same powers and authority as are granted by law to United States Probation and 1123
1175+Pretrial Officers; except that, officers shall have the authority to impose or implement 1124
1176+intermediate sanctions and utilize incentives for violations of, or compliance with, the conditions 1125
1177+of release.”. 1126
1178+ (d) A new subsection (h) is added to read as follows: 1127
1179+ “(h) For purposes of this section, the term: 1128
1180+ “(1) “Incentives” means individualized, goal-oriented, and graduated responses to 1129
1181+a sentenced offender’s compliance with the conditions of release designed to reinforce or modify 1130
1182+the skills and behaviors of the offender. 1131
1183+ “(2) “Intermediate sanctions” means individualized, graduated punishment 1132
1184+options and sanctions, other than incarceration, imposed in response to a sentenced offender’s 1133
1185+violation of the conditions of release, including: 1134
1186+ “(A) Electronic monitoring, including GPS monitoring; 1135
1187+ “(B) Drug and alcohol testing; 1136
1188+ “(C) Reporting requirements to probation officers; 1137
1189+ “(D) Rehabilitative interventions such as substance abuse and mental 1138
1190+health treatment; and 1139
1191+ “(E) Community service.”. 1140 51
2721192
273- (C) Subparagraph (I) is amended to read as follows: 206
274- “(I) Two residents of the District of Columbia, nominated by the Mayor, 207
275-subject to confirmation by the Council;”. 208
276- (D) New subparagraphs (I-i) and (I-ii) are added to read as follows: 209
277- “(I-i) Two residents of the District of Columbia, appointed by the Council, 210
278-one of whom is a returning citizen; and 211
279-“(I-i) Two residents of the District of Columbia, appointed by the Council, 212
280-one of whom is a returning citizen, and one of whom has been a victim of a crime of violence 213
281-and who has a background in victim’s rights or services; and 214
282-“(I-ii) The Chief of the Metropolitan Police Department or the Chief’s 215
283-designee.”. 216
284- (3) Paragraph (2) is amended as follows: 217
285- (A) Subparagraph (B) is repealed. 218
286- (B) Subparagraph (D) is amended by striking the phrase “; and” and 219
287-inserting a semicolon in its place. 220
288- (C) Subparagraph (E) is amended by striking the period and inserting the 221
289-phrase “; and” in its place. 222
290- (D) A new subparagraph (F) is added to read as follows: 223
291- “(F) The Deputy Mayor for Public Safety and Justice or the Deputy 224
292-Mayor’s designee.”. 225 ENGROSSED ORIGINAL
1193+ Sec. 25. The lead-in language of s ection 28- 5402 of the District of Columbia Official 1141
1194+Code is amended by striking the phrase “A retailer” and inserting the phrase “Beginning January 1142
1195+1, 2025, a retailer” in its place. 1143
1196+ Sec. 26. The Act to Regulate Public Conduct on Public Passenger Vehicles, effective 1144
1197+September 23, 1975 (D.C. Law 1- 18; D.C. Official Code § 35- 251 et seq.), is amended as 1145
1198+follows: 1146
1199+ (a) Section 3 (D.C. Official Code § 35- 252) is amended as follows: 1147
1200+ (1) The existing text is designated as subsection (a). 1148
1201+ (2) A new subsection (b) is added to read as follows: 1149
1202+ “(b) A person who is stopped by an individual authorized to issue notices of infractions 1150
1203+under section 5(a)(3) for violating subsection (a) of this section shall, upon request, inform that 1151
1204+authorized individual of his or her true name and address for the purpose of including that 1152
1205+information on a notice of infraction; provided, that no person shall be required to possess or 1153
1206+display any documentary proof of his or her name or address in order to comply with the 1154
1207+requirements of this section.”. 1155
1208+ (b) Section 5 (D.C. Official Code § 35- 254) is amended as follows: 1156
1209+ (1) Subsection (a)(1) is amended by striking the phrase “section 3” and inserting 1157
1210+the phrase “section 3(a)” in its place. 1158
1211+ (2) Subsection (b) is amended by adding a new paragraph (1A) to read as follows: 1159
1212+ “(1A) A person who refuses to provide his or her name and address, or who 1160
1213+knowingly provides an incorrect name or address, to an authorized individual in violation of 1161
1214+section 3(b) shall, upon conviction, be fined no more than $100.”. 1162
1215+ Sec. 27. Section 4 of the Transit Operator Protection and Enhanced Penalty Amendment 1163 52
2931216
1217+Act of 2008, effective July 23, 2008 (D.C. Law 17-206; D.C. Official Code § 35- 261), is 1164
1218+amended as follows: 1165
1219+ (a) The section heading is amended to read as follows: 1166
1220+ “Sec. 4. Notice of enhanced penalties for commission of offenses against transit 1167
1221+operators, Metrorail station managers, Metrorail station employees, and mass transit vehicle 1168
1222+passengers.”. 1169
1223+ (b) Subsection (a)(1) is amended to read as follows: 1170
1224+ “(1) The Washington Metropolitan Area Transit Authority shall post or otherwise provide 1171
1225+conspicuous notice of the enhanced penalties for the commission of certain offenses against 1172
1226+transit operators, Metrorail station managers, Metrorail station employees, and mass transit 1173
1227+vehicle passengers in the District of Columbia pursuant to section 2a of the Taxicab Drivers 1174
1228+Protection Act of 2000, effective July 23, 2008 (D.C. Law 17- 206; D.C. Official Code § 22-1175
1229+3751.01), on all Metrobus buses and Metrorail trains operating in the District of Columbia, and 1176
1230+at or near all Metrorail station kiosks within the District of Columbia.”. 1177
1231+ Sec. 28. The Anti -Loitering/Drug Free Zone Act of 1996, effective June 3, 1997 (D.C. 1178
1232+Law 11-270; D.C. Official Code § 48- 1001 et seq.), is revived as of the effective date of the 1179
1233+Secure DC Omnibus Amendment Act of 2024, passed on 1st reading on February 6, 2024 1180
1234+(Engrossed version of Bill 25- 345), and amended to read as follows: 1181
1235+ “Sec. 2. Definitions. 1182
1236+ For the purposes of this act, the term: 1183
1237+ “(1) “Chief of Police” means the Chief of the Metropolitan Police Department as 1184
1238+the designated agent of the Mayor. 1185
1239+ “(2) “Controlled Substances Act” means the District of Columbia Uniform 1186 53
2941240
1241+Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4- 29; D.C. Official 1187
1242+Code § 48- 901.01 et seq. ). 1188
1243+“(3) “Disperse” means to depart from the designated drug free zone and not to 1189
1244+recongregate within the drug free zone with anyone from the group ordered to depart for the 1190
1245+purpose of committing an offense under Title IV of the Controlled Substances Act for the 1191
1246+duration of the zone. 1192
1247+ “(4) “Drug free zone” means public space on public property in an area not to 1193
1248+exceed a square of 1,000 feet on each side that is established pursuant to section 3. 1194
1249+ “(5) “Illegal drug” means the same as the term “controlled substance” in section 1195
1250+102(4) of the Controlled Substances Act. 1196
1251+ “(6) “Known unlawful drug user, possessor, or seller” means a person who has, 1197
1252+within the knowledge of the arresting officer, been convicted in any court of any violation 1198
1253+involving the use, possession, or distribution of any of the substances referred to in Title IV of 1199
1254+the Controlled Substances Act. 1200
1255+“(7) “Police Department” means the Metropolitan Police Department. 1201
1256+“Sec. 3. Procedure for e stablishing a drug f ree zone. 1202
1257+“(a) The Chief of Police may declare any public area a drug free zone for a period not to 1203
1258+exceed 120 consecutive hours. 1204
1259+ “(b) In determining whether to designate a drug free zone, the Chief of Police shall 1205
1260+consider the following: 1206
1261+ “(1) Within the preceding 6- month period, the occurrence of a disproportionately 1207
1262+high number of: 1208
1263+ “(A) Arrests for the possession or distribution of illegal drugs in the 1209 54
2951264
1265+proposed drug free zone; 1210
1266+ “(B) Police reports for dangerous crimes, as that term is defined in D.C. 1211
1267+Official Code § 23- 1331(3), that were committed in the proposed drug free zone; or 1212
1268+ “(C) Police reports for crimes of violence, as that term is defined in D.C. 1213
1269+Official Code § 23- 1331(4) , that were committed in the proposed drug free zone; 1214
1270+ “(2) Any number of homicides that were committed in the proposed drug free 1215
1271+zone; 1216
1272+ “(3) Objective evidence or verifiable information that shows that illegal drugs are 1217
1273+being sold and distributed on public space on public property within the proposed drug free zone; 1218
1274+and 1219
1275+ “(4) Any other verifiable information from which the Chief of Police may 1220
1276+ascertain whether the health or safety of residents who live in the proposed drug free zone are 1221
1277+endangered by the purchase, sale, or use of illegal drugs or other illegal activity. 1222
1278+ “(c) At least 24 hours prior to the designation of the drug free zone, the Chief of Police 1223
1279+shall notify, in writing: 1224
1280+ “(1) The Chairman and each member of the Council of the District of Columbia 1225
1281+of the declaration of the drug free zone and the boundaries of the drug free zone; 1226
1282+ “(2) All licensed medical or social services clinics operating in or adjacent to the 1227
1283+drug free zone of the declaration of the drug free zone and the boundaries of the drug free zone; 1228
1284+and 1229
1285+ “(3) The Deputy Mayor for Health and Human Services, the Director of the 1230
1286+Department of Behavioral Health, the Director of the Department of Health, the Director of the 1231
1287+Department of Human Services, the Deputy Mayor for Public Safety and Justice, the Director of 1232 55
2961288
297-12
1289+the Office of Neighborhood Safety and Engagement, and the Office of the Attorney General’s 1233
1290+“Cure the Streets” program of the designation of the drug free zone, the boundaries of the drug 1234
1291+free zone, and the need for any relevant medical or social services in the surrounding area, in 1235
1292+order to ensure that this designation does not conflict with section 5(c). 1236
1293+ “(d) The Chief of Police may not declare the same area, or an overlapping area, as a drug 1237
1294+free zone for more than 360 consecutive hours or for more than 360 hours within a 30- day 1238
1295+period. 1239
1296+ “Sec. 4. Notice of a drug free zone. 1240
1297+ “Upon the designation of a drug free zone, the Police Department shall mark each block 1241
1298+within the drug free zone by using barriers, tape, or police officers that post the following 1242
1299+information in the immediate area of, and borders around, the drug free zone: 1243
1300+ “(1) A statement that it is unlawful for a person to congregate in a group of 2 or 1244
1301+more persons for the purpose of committing an offense under Title IV of the Controlled 1245
1302+Substances Act within the boundaries of a drug free zone, and to fail to disperse after being 1246
1303+instructed to disperse by a uniformed officer of the Police Department who reasonably believes 1247
1304+the person is congregating for the purpose of committing an offense under Title IV of the 1248
1305+Controlled Substances Act; 1249
1306+ “(2) The boundaries of the drug free zone; 1250
1307+ “(3) A statement of the effective dates of the drug free zone designation; and 1251
1308+ “(4) Any other additional notice to inform the public of the drug free zone. 1252
1309+ “Sec. 5. Prohibition. 1253
1310+ “(a) It shall be unlawful for a person to congregate in a group of 2 or more within the 1254
1311+perimeter of a drug free zone established pursuant to section 3 for the purpose of committing an 1255 56
2981312
299- (b) Section 4 (D.C. Official Code § 3-103) is amended as follows: 226
300- (1) Subsection (b) is amended to read as follows: 227
301-“(b) A majority of the voting members appointed to the Commission shall constitute a 228
302-quorum.”. 229
303- (2) Subsection (c) is amended to read as follows: 230
304-“(c) The Commission may act by an affirmative vote of a majority of voting members 231
305-present and voting after a quorum has been established.”. 232
306- Sec. 5. Section 7(a)(1) of the Victims of Violent Crime Compensation Act of 1996, 233
307-effective April 9, 1997 (D.C. Law 11-243; D.C. Official Code § 4-506(a)(1)), is amended as 234
308-follows: 235
309- (a) Subparagraph (C) is amended as follows: 236
310- (1) Strike the word “resolution” and insert the phrase “filing or resolution” in its 237
311-place. 238
312- (2) Strike the phrase “; or” and insert a semicolon in its place. 239
313- (b) Subparagraph (D) is amended as follows: 240
314- (1) Strike the word “resolution” and insert the phrase “filing or resolution” in its 241
315-place. 242
316- (2) Strike the phrase “; and” and insert the phrase “; or” in its place. 243
317- (c) A new subparagraph (E) is added to read as follows: 244 ENGROSSED ORIGINAL
1313+offense under Title IV of the Controlled Substances Act, and to fail to disperse after being 1256
1314+instructed to disperse by a uniformed officer of the Police Department who reasonably believes 1257
1315+the person is congregating for the purpose of committing an offense under Title IV of the 1258
1316+Controlled Substances Act. 1259
1317+ “(b) In making a determination that a person is congregating in a drug free zone for the 1260
1318+purpose of committing an offense under Title IV of the Controlled Substances Act, the totality of 1261
1319+the circumstances involved shall be considered. Among the circumstances which may be 1262
1320+considered in determining whether such purpose is manifested are: 1263
1321+ “(1) The conduct of a person being observed, including that such person is 1264
1322+behaving in a manner raising a reasonable belief that the person is engaging or is about to engage 1265
1323+in illegal drug activity, such as the observable distribution of small packages to other persons, the 1266
1324+receipt of currency for the exchange of a small package, operating as a lookout, warning others 1267
1325+of the arrival of police, concealing himself or herself or any object which reasonably may be 1268
1326+connected to unlawful drug- related activity, or engaging in any other conduct normally 1269
1327+associated by law enforcement agencies with the illegal distribution or possession of drugs; 1270
1328+ “(2) Information from a reliable source indicating that a person being observed 1271
1329+routinely distributes illegal drugs within the drug free zone; 1272
1330+ “(3) Information from a reliable source indicating that the person being observed 1273
1331+is currently engaging in illegal drug- related activity within the drug free zone; 1274
1332+ “(4) Such person is physically identified by the officer as a member of a gang or 1275
1333+association which engages in illegal drug activity; 1276
1334+ “(5) Such person is a known unlawful drug user, possessor, or seller; 1277
1335+ “(6) Such person has no other apparent lawful reason for congregating in the drug 1278 57
3181336
1337+free zone, such as waiting for a bus, being near one’s own residence, or waiting to receive 1279
1338+medical or social services; 1280
1339+ “(7) Any vehicle involved in the observed circumstances is registered to a known 1281
1340+unlawful drug user, possessor, or seller, or a person for whom there is an outstanding arrest 1282
1341+warrant for a crime involving drug re lated activity. 1283
1342+ “(c) The prohibition under this section shall not be applied with the primary purpose of 1284
1343+depriving persons of social or medical services. 1285
1344+ “(d) The Chief of Police shall issue a General Order establishing protocols to ensure that 1286
1345+persons seeking or receiving medical or social services near or in a drug free zone are not 1287
1346+prevented, discouraged, or otherwise deterred from seeking such services. 1288
1347+“Sec. 6. Penalties. 1289
1348+ “(a) Any person who violates section 5 shall, upon conviction, be subject to a fine of not 1290
1349+more than $300, imprisonment for not more than 180 days, or both. 1291
1350+ “(b) The fine set forth in this section shall not be limited by section 101 of the Criminal 1292
1351+Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19- 317; D.C. 1293
1352+Official Code § 22- 3571.01). 1294
1353+ Sec. 29. Chapter 39 of Title 24 of the District of Columbia Municipal Regulations (24 1295
1354+DCMR § 3900 et seq. ), is amended as follows: 1296
1355+(a) Subsection 3900.5 is repealed. 1297
1356+ (b) Subsection 3900.9 is amended to read as follows: 1298
1357+ “3900.9 (a ) For any incident involving an officer-involved death or serious use of force, a 1299
1358+member shall not review their body- worn camera recordings or any body- worn camera 1300
1359+recordings that have been shared with them to assist in initial report writing. 1301 58
3191360
1361+ “(b) A member shall indicate, when writing any initial or subsequent reports, 1302
1362+whether the officer viewed body- worn camera footage prior to writing the report and specify 1303
1363+what body- worn camera footage the officer viewed.”. 1304
1364+ (c) Section 3999.1 is amended as follows: 1305
1365+ (1) The definition of “serious use of force” is amended to read as follows: 1306
1366+ ““Serious use of force” means any: 1307
1367+ “(1) Firearm discharges by a Metropolitan Police Department officer, with the 1308
1368+exception of a negligent discharge that does not otherwise put members of the public at risk of 1309
1369+injury or death, or a range or training incident; 1310
1370+ “(2) Head strikes by a Metropolitan Police Department officer with an impact 1311
1371+weapon; 1312
1372+ “(3) Use of force by a Metropolitan Police Department officer that: 1313
1373+ “(A) Results in serious bodily injury; 1314
1374+ “(B) Results in a protracted loss of consciousness, or that create a 1315
1375+substantial risk of death, serious disfigurement, disability or impairment of the functioning of 1316
1376+any body part or organ; 1317
1377+ “(C) Involves the use of a prohibited technique, as that term is defined in 1318
1378+section 3 of the Limitation on the Use of the Chokehold Act of 1985, effective January 25, 1986 1319
1379+(D.C. Law 6-77; D.C. Official Code § 5- 125.02(6)); or 1320
1380+ “(D) Results in a death; and 1321
1381+ “(4) Incidents in which a Metropolitan Police Department canine bites a person.”. 1322
1382+ (2) Insert a new definition between the definitions of “next of kin” and “subject” 1323
1383+to read as follows: 1324 59
3201384
321-
322-13
323-
324- “(E) The filing or resolution of any other post-conviction motion in which 245
325-the claimant was a victim or secondary victim; and”. 246
326- Sec. 6. Section 3022 of the Office of Victim Services and Justice Grants Transparency 247
327-Act of 2022, effective September 21, 2022 (D.C. Law 24-167; D.C. Official Code § 4-571.01), is 248
328-amended by adding a new subsection (c) to read as follows: 249
329- “(c) No later than 60 days after the effective date of the Secure DC Omnibus Amendment 250
330-Act of 2024, passed on 1st reading on February 6, 2024 (Engrossed version of Bill 25-345), and 251
331-annually thereafter, OVSJG shall publish information regarding the work of the Victim Services 252
332-Division, including: 253
333- “(1) The number of victims engaged each month; 254
334- “(2) The number of victims who accepted service each month; 255
335- “(3) The services recommended to the victims each month; and 256
336- “(4) A summary of collected feedback from victims and their families on their 257
337-experiences with victim services and coordination efforts.”. 258
338- Sec. 7. Section 386(c) of the Revised Statutes of the District of Columbia (D.C. Official 259
339-Code § 5-113.01(c)), is amended by adding a new paragraph (1B) to read as follows: 260
340- “(1B) Quarterly, the case closure rates for: 261
341- “(A) Violent crimes, by offense, committed with or without the use of a 262
342-weapon; and 263
343- “(B) Non-fatal shootings.”. 264 ENGROSSED ORIGINAL
344-
345-
346-
347-
348-14
349-
350- Sec. 8. Section 3004 of the Body-Worn Camera Regulation and Reporting Requirements 265
351-Act of 2015, effective October 22, 2015 (D.C. Law 21-36; D.C. Official Code § 5-116.33), is 266
352-amended as follows: 267
353- (a) Subsection (e) is amended to read as follows: 268
354- “(e)(1) For any incident involving an officer-involved death or serious use of force, 269
355-officers shall not review any body-worn camera recordings to assist in initial report writing. 270
356- “(2) For an incident other than those described in paragraph (1) of this subsection, 271
357-officers shall indicate, when writing any initial or subsequent reports, whether the officer viewed 272
358-body-worn camera footage prior to writing the report and specify what body-worn camera 273
359-footage the officer viewed.”. 274
360- (b) Subsection (f) is amended to read as follows: 275
361- “(f) When releasing body-worn camera recordings, the likenesses of any local, county, 276
362-state, or federal government law enforcement officers acting in their professional capacities, 277
363-other than those acting undercover, shall not be redacted or otherwise obscured.”. 278
364- (c) Subsection (g) is amended as follows: 279
365- (1) A new paragraph (2A) is added to read as follows: 280
366-“(2A) “Serious bodily injury” means extreme physical pain, illness, or impairment 281
367-of physical condition including physical injury that involves a substantial risk of death, 282
368-protracted and obvious disfigurement, protracted loss or impairment of the function of a bodily 283
369-member or organ, or protracted loss of consciousness.”. 284 ENGROSSED ORIGINAL
370-
371-
372-
373-
374-15
375-
376-(2) Paragraph (3) is amended as follows: 285
377- (A) Subparagraph (A) is amended to read as follows: 286
378- “(A) Firearm discharges by a Metropolitan Police Department officer, 287
379-with the exception of a negligent discharge that does not otherwise put members of the public at 288
380-risk of injury or death, or a range or training incident;”. 289
381- (B) Subparagraph (C)(ii) is amended by striking the phrase “a loss of 290
382-consciousness,” and inserting the phrase “a protracted loss of consciousness,” in its place. 291
383- Sec. 9. Section 3(5) of the Limitation on the Use of Chokehold Act of 1985, effective 292
384-January 25, 1986 (D.C. Law 6-77; D.C. Official Code § 5-125.02(5)), is amended to read as 293
385-follows: 294
386- “(5) “Neck restraint” means the use of any body part or object by a law 295
387-enforcement officer to apply pressure against a person’s neck, including the trachea, carotid 296
388-artery, or jugular vein, with the purpose, intent, or effect of controlling or restricting the person’s 297
389-airway, blood flow, or breathing, except in cases where the law enforcement officer is acting in 298
390-good faith to provide medical care or treatment, such as by providing cardiopulmonary 299
391-resuscitation.”. 300
392- Sec. 10. Title I of the Comprehensive Policing and Justice Amendment Act of 2022, 301
393-effective April 21, 2023 (D.C. Law 24-345; D.C. Official Code passim), is amended as follows: 302
394- (a) Section 106 (D.C. Official Code § 5-353.01) is amended as follows: 303 ENGROSSED ORIGINAL
395-
396-
397-
398-
399-16
400-
401-(1) Subsection (b)(3) is amended by striking the phrase “and no current or prior 304
402-affiliation with” and inserting the phrase “and no current affiliation with” in its place. 305
403- (2) A new subsection (c) is added to read as follows: 306
404- “(c) Notwithstanding any other provision of law, the Metropolitan Police Department 307
405-shall publish the findings of fact and merits determination for all Use of Force Review Board 308
406-investigations on its website.”. 309
407- (b) The lead-in language of section 127(a)(11) (D.C. Official Code § 5-365.01(a)(11)) is 310
408-amended by striking the phrase “a bodily injury or significant bodily injury that involves” and 311
409-inserting the phrase “extreme physical pain, illness, or impairment of physical condition, 312
410-including physical injury that involves” in its place. 313
411- (c) Section 128 (D.C. Official Code § 5-365.02) is amended as follows: 314
412- (1) Subsection (a) is amended as follows: 315
413- (A) Paragraph (1)(B) is amended by striking the phrase “immediate threat” 316
414-and inserting the phrase “imminent threat” in its place. 317
415- (B) Paragraph (2) is amended as follows: 318
416- (i) Subparagraph (A) is amended by striking the phrase “fleeing 319
417-suspect,” and inserting the phrase “fleeing suspect or suspects,” in its place. 320
418- (ii) Subparagraph (B) is amended to read as follows: 321
419- “(B) Under the totality of circumstances, not likely to cause death or 322
420-serious bodily injury to any person, other than to the fleeing suspect or suspects; and”. 323 ENGROSSED ORIGINAL
421-
422-
423-
424-
425-17
426-
427- (2) Subsection (c) is amended by adding a new paragraph (3) to read as follows: 324
428- “(3) Nothing in this subsection shall be construed to permit any of the above 325
429-practices or tactics, to the extent they are prohibited by District law or by a law enforcement 326
430-agency.”. 327
431- Sec. 11. Section 502(c)(2) of the Omnibus Public Safety Agency Reform Amendment 328
432-Act of 2004, effective September 30, 2004 (D.C. Law 15-194; D.C. Official Code § 5-329
433-1031(c)(2)), is amended to read as follows: 330
434- “(2) The schedule shall include: 331
435- “(A) The date, time, and location of the hearing; and 332
436- “(B) A summary of the alleged misconduct or charges against the subject 333
437-officer.”. 334
438- Sec. 12. The Firearms Control Regulations Act of 1975, effective September 24, 1976 335
439-(D.C. Law 1-85; D.C. Official Code § 7-2501.01 et seq.), is amended as follows: 336
440- (a) A new section 213a is added to read as follows: 337
441- “Sec. 213a. Sale of self-defense sprays. 338
442- “Notwithstanding any other provision of this act, a person may transfer, offer for sale, 339
443-sell, give, or deliver a self-defense spray to another person in the District for the purposes set 340
444-forth in section 213; provided, that the self-defense spray is propelled from an aerosol container, 341
445-labeled with or accompanied by clearly written instructions as to its use, and dated to indicate its 342
446-anticipated useful life.”. 343 ENGROSSED ORIGINAL
447-
448-
449-
450-
451-18
452-
453- (b) Section 601 (D.C. Official Code § 7-2506.01) is amended as follows: 344
454- (1) Subsection (b) is amended to read as follows: 345
455- “(b) No person in the District shall knowingly possess, sell, or transfer any item 346
456-ammunition feeding device that is, in fact, a large capacity ammunition feeding device regardless 347
457-of whether the device is attached to a firearm.”. 348
458- (2) A new subsection (c) is added to read as follows: 349
459- “(c) For the purposes of this section, the term “large capacity ammunition feeding 350
460-device” means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that 351
461-can be readily restored or converted to accept, more than 10 rounds of ammunition. The term 352
462-“large capacity ammunition feeding device” shall not include an attached tubular device 353
463-designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.”. 354
464-(c) Section 706 (D.C. Official Code § 7-2507.06) is amended as follows: 355
465- (1) Subsection (a) is amended as follows: 356
466- (A) Paragraph (3)(B) is repealed. 357
467- (B) Paragraph (4) is amended by striking the phrase “3 years, or both.” 358
468-and inserting the phrase “3 years, which shall be imposed consecutive to any other sentence of 359
469-incarceration, or both.” in its place. 360
470- (C) A new paragraph (5) is added to read as follows: 361
471- “(5) A person convicted of possessing a firearm with an intent to sell, offer for 362
472-sale, or make available for sale, in violation of section 501, shall be fined no more than the 363 ENGROSSED ORIGINAL
473-
474-
475-
476-
477-19
478-
479-amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, 364
480-effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for 365
481-no less than 2 years nor more than 10 years, or both.”. 366
482-(2) Subsection (b) is amended by adding a new paragraph (1A) to read as follows: 367
483- “(1A) The administrative disposition provided for in this subsection shall not be 368
484-available to any person who has previously been convicted of any felony in the District or 369
485-elsewhere.”. 370
486-(d) Section 906(e) (D.C. Official Code § 7-2509.06(e)) is amended as follows: 371
487-(1) Strike the phrase “a licensee” and insert the phrase “a person” in its place. 372
488-(2) Strike the phrase “a licensee’s” and insert the phrase “a person’s” in its place. 373
489- (e) Section 1001(a)(2) (D.C. Official Code § 7-2510.01(a)(2)) is amended as follows: 374
490- (1) Subparagraph (A) is amended by striking the phrase “cohabitating, or 375
491-maintaining a romantic, dating, or sexual relationship” and inserting the phrase “cohabitating, or 376
492-is someone with whom the Respondent is, was, or is seeking to be in a romantic, dating, or 377
493-sexual relationship” in its place. 378
494- (2) Subparagraph (B) is amended to read as follows: 379
495- “(B) Any sworn member of a law enforcement agency operating in the 380
496-District of Columbia; or”. 381 ENGROSSED ORIGINAL
497-
498-
499-
500-
501-20
502-
503- (f) Section 1003(b)(1) (D.C. Official Code § 7-2510.03(b)(1)) is amended by striking the 382
504-phrase “respondent by a Metropolitan Police Department officer not fewer than 7 days before the 383
505-hearing” and inserting the phrase “respondent prior to the hearing” in its place. 384
506- (g) Section 1004(h) (D.C. Official Code § 7-2510.04(h)) is amended by striking the 385
507-phrase “good cause shown” and inserting the phrase “good cause shown, or for longer periods if 386
508-all parties consent” in its place. 387
509- (h) Section 1005(a) (D.C. Official Code § 7-2510.05(a)) is amended as follows: 388
510- (1) Paragraph (1) is amended by striking the phrase “by a sworn member of the 389
511-Metropolitan Police Department” and inserting the phrase “by any sworn law enforcement 390
512-officer, or in open court. Upon a finding of good cause, a judge may authorize personal service 391
513-by a person over the age of 18 who is not a sworn law enforcement officer” in its place. 392
514- (2) Paragraph (3) is amended by striking the phrase “shall notify the petitioner” 393
515-and inserting the phrase “shall notify the court, who shall note this on the docket and notify the 394
516-petitioner” in its place. 395
517-(h) Section 1005(a)(1) (D.C. Official Code § 7-2510.05(a)(1)) is amended by striking the 396
518-phrase “by a sworn member of the Metropolitan Police Department” and inserting the phrase “by 397
519-any sworn law enforcement officer, or in open court. Upon a finding of good cause, a judge may 398
520-authorize personal service by a person over the age of 18 who is not a sworn law enforcement 399
521-officer” in its place. 400
522- (i) Section 1006 (D.C. Official Code § 7-2510.06) is amended as follows: 401 ENGROSSED ORIGINAL
523-
524-
525-
526-
527-21
528-
529- (1) Subsection (a) is amended by striking the phrase “the court shall notify the 402
530-petitioner of the date” and inserting the phrase “the court shall send notice to the petitioner in 403
531-writing of the date” in its place. 404
532- (2) Subsection (c) is amended by striking the phrase “the respondent by a 405
533-Metropolitan Police Department officer not fewer than 21 days before the hearing” and inserting 406
534-the phrase “the respondent prior to the hearing by a person authorized to serve via personal 407
535-service” in its place. 408
536- (j) Section 1013 (D.C. Official Code § 7-2510.13) is amended as follows: 409
537- (1) Subsection (a)(2)(D) is amended to read as follows: 410
538- “(D) “The Johns Hopkins Center for Gun Violence Solutions;”. 411
539- (2) Subsection (c) is amended by striking the phrase “Working Group” and 412
540-inserting the phrase “Working Group, and shall convene the Working Group no later than April 413
541-1, 2024” in its place. 414
542- (3) Subsection (e) is amended by striking the phrase “January 1, 2023” and 415
543-inserting the phrase “April 1, 2025” in its place. 416
544- (k) New sections 1014, 1015, and 1016 are added to read as follows: 417
545- “Sec. 1014. Public awareness initiatives. 418
546- “By September 1, 2023: 419
547- “(1) The Metropolitan Police Department shall prominently display information 420
548-about extreme risk protection orders, including the petition process, on its website; and 421 ENGROSSED ORIGINAL
549-
550-
551-
552-
553-22
554-
555- “(2) The Office of the Attorney General shall develop and implement a public 422
556-awareness campaign to inform residents, professionals, and District government employees 423
557-about extreme risk protection orders, including the petition process. 424
558-“Sec. 1015. Implementation of strategic gun violence reduction strategies. 425
559- “(a)(1) The Metropolitan Police Department (“MPD”) shall facilitate a Law Enforcement 426
560-Shooting Review no less than twice per month to review each shooting in the District that 427
561-occurred since the last Law Enforcement Shooting Review, including non-fatal shootings. 428
562- “(2) The purpose of the Law Enforcement Shooting Reviews shall be to identify 429
563-the potential for retaliation and law enforcement or other government agency contacts or 430
564-interventions with persons involved in the reviewed shootings that may help to prevent 431
565-retaliatory criminal conduct, and then assign responsibilities for immediate contacts or 432
566-interventions. 433
567-“(3) The purpose of the Law Enforcement Shooting Review shall not be to 434
568-discuss information outside the investigative file. To the extent that there is any information 435
569-discussed during the Law Enforcement Shooting Review that is not already included in the 436
570-investigative file, MPD shall document that information in the investigative file. 437
571- “(b) The Deputy Mayor for Public Safety and Justice shall coordinate a Coordination 438
572-Meeting/Intervention Services Shooting Review no less than twice per month to review each 439
573-shooting in the District that occurred since the last Coordination Meeting/Intervention Services 440
574-Shooting Review from a services and response perspective, in order to identify and assign 441 ENGROSSED ORIGINAL
575-
576-
577-
578-
579-23
580-
581-government and community partners to outreach and engage those high-risk individuals 442
582-implicated by the shootings. 443
583-“Sec. 1016. Firearm tracing data and accountability report. 444
584- “By February 1 of each year, the Mayor shall submit to the Council and post on the 445
585-Mayor’s website a report that includes the following information, using data from the preceding 446
586-calendar year: 447
587- “(1) The total number of firearms recovered in the District; 448
588- “(2) The location where each firearm was recovered, disaggregated by police 449
589-district; 450
590- “(3) The total number of ghost guns recovered in the District.; 451
591- “(4) To the extent possible, the number of firearms recovered, disaggregated by, if 452
592-available, manufacturer, firearm model, state or country of origin, and the last known point of 453
593-sale, transfer, theft, or loss of such firearm; and 454
594- “(5) To the extent possible, an analysis of purchase patterns with the available 455
595-information from the firearms recovered.”. 456
596-Sec. 13. Section 14-307(d)(2) of District of Columbia Official Code is amended by 457
597-striking the phrase “confidential information” and inserting the phrase “confidential information 458
598-of a victim” in its place. 459
599- Sec. 14. Title 16 of the District of Columbia Official Code is amended as follows: 460
600- (a) Section 16-705(b)(1)(C)(ii) is amended by striking the phrase “; and” and inserting 461 ENGROSSED ORIGINAL
601-
602-
603-
604-
605-24
606-
607-the phrase “if the law enforcement officer was in uniform or acting in an official capacity at the 462
608-time of the offense; and” in its place. 463
609-(b) Section 16-1053(a) is amended as follows: 464
610- (1) Paragraph (9) is amended by striking the phrase “; and” and inserting a 465
611-semicolon in its place. 466
612- (2) Paragraph (10) is amended by striking the period and inserting the phrase “; 467
613-and” in its place. 468
614- (3) A new paragraph (11) is added to read as follows: 469
615- “(11) The Office of Unified Communications.”. 470
616- (c)(1) Section 16-2310(a-1)(1)(A) is amended to read as follows: 471
617- “(A) Committed: 472
618- “(i) A dangerous crime or a crime of violence while armed with or 473
619-having readily available a knife, pistol, firearm, or imitation firearm; or 474
620- “(ii) Unarmed murder, first-degree sexual abuse, carjacking, or 475
621-assault with intent to commit any such offense; or”. 476
622- (2) Paragraph (1) of this subsection shall expire 225 days after the effective date 477
623-of the Secure DC Omnibus Amendment Act of 2024, passed on 1st reading on February 6, 2024 478
624-(Engrossed version of Bill 25-345). 479
625-(d) Section 16-2316(e) is amended as follows: 480 ENGROSSED ORIGINAL
626-
627-
628-
629-
630-25
631-
632- (1) Paragraph (3) is amended by striking the phrase “District of Columbia” and 481
633-inserting the phrase “District of Columbia, after providing respondent’s counsel and the Attorney 482
634-General with notice and the opportunity to be heard regarding the admission of non-necessary 483
635-persons,” in its place. 484
636-(1) Paragraph (3) is amended by striking the phrase “District of Columbia” and 485
637-inserting the phrase “District of Columbia, after providing the Attorney General and 486
638-respondent’s counsel in a delinquency or PINS matter or the Attorney General and the guardian 487
639-ad litem in a neglect matter with notice and the opportunity to be heard regarding the admission 488
640-of non-necessary persons,” in its place. 489
641-(2) Paragraph (4) is amended by striking the phrase “attend transfer, factfinding, 490
642-disposition, and post-disposition hearings, subject” and inserting the phrase “attend any transfer, 491
643-plea, factfinding, disposition, or post-disposition hearing, subject” in its place. 492
644- (3) Paragraph (5) is amended by striking the phrase “transfer, factfinding,” and 493
645-inserting the phrase “transfer, plea, factfinding,” in its place. 494
646-(e) Section 16-2331 is amended as follows: 495
647- (1) Subsection (c) is amended as follows: 496
648- (A) Paragraph (2) is amended as follows: 497
649- (i) Subparagraph (D) is amended as follows: 498
650- (I) Sub-subparagraph (vi) is amended by striking the phrase 499
651-“; or” and inserting a semicolon in its place. 500 ENGROSSED ORIGINAL
652-
653-
654-
655-
656-26
657-
658- (II) New sub-subparagraphs (viii) and (ix) are added to read 501
659-as follows: 502
660-“(viii) The respondent being in abscondence for more than 24 503
661-hours; or 504
662-“(ix) The respondent having escaped from a facility;”. 505
663- (ii) Subparagraph (E) is amended as follows: 506
664-(I) Sub-subparagraph (vi) is amended by striking the phrase 507
665-“; or” and inserting a semicolon in its place. 508
666- (II) New sub-subparagraphs (viii) and (ix) are added to read 509
667-as follows: 510
668-“(viii) The respondent being in abscondence for more than 24 511
669-hours; or 512
670-“(ix) The respondent having escaped from a facility; and”. 513
671-(B) Paragraph (4)(B) is amended by striking the phrase “Schools, and the” 514
672-and inserting the phrase “Schools, public charter schools, parochial schools, and private schools, 515
673-and the” in its place. 516
674- (2) A new subsection (c-1) is added to read as follows: 517
675-“(c-1) Notwithstanding any provision of this section, when the court determines that a 518
676-stay-away order shall issue, it shall issue a standalone stay-away order and the Attorney General 519 ENGROSSED ORIGINAL
677-
678-
679-
680-
681-27
682-
683-shall provide to a victim or witness a copy of any stay-away order that pertains to that individual 520
684-or their property.”. 521
685-“(c-1) Notwithstanding any provision of this section, when the court orders that a child 522
686-stay away from a victim or witness or their property as a condition of the child’s release, the 523
687-court shall provide a written notice of such release condition to the Attorney General who may 524
688-provide the written notice to a victim or a witness. Such notice issued by the court shall not 525
689-include any identifying information for the child except the child’s name, nor shall it include any 526
690-other release conditions unrelated to the victim, witness, or their property.”. 527
691- (3) New subsections (h-1) and (h-2) are added to read as follows: 528
692-“(h-1)(1) Notwithstanding subsection (b) of this section, if a child has a custody order for 529
693-abscondence from a Department of Youth Rehabilitation Services (“DYRS”) placement or court-530
694-ordered placement in a delinquency or PINS matter, the Family Court, in the best interest of a 531
695-child, the interest of public safety, or the interest of the safety of any person who may search for 532
696-the child, may, after a hearing at which the child’s counsel is present, order the Metropolitan 533
697-Police Department (“MPD”) to: 534
698- “(A) Take a missing person’s report for a child; and 535
699- “(B) Submit a missing person’s report to the National Center for Missing 536
700-and Exploited Children (“NCMEC”). 537
701-“(2) Evidence of the following factors shall be considered in making the 538
702-determination described in paragraph (1) of this subsection: 539 ENGROSSED ORIGINAL
703-
704-
705-
706-
707-28
708-
709-“(A) The child’s age; 540
710-“(B) The nature of the any present delinquency offense or in need of 541
711-supervision offense and the extent and nature of the child’s prior record: 542
712-“(C) Whether the child has been sexually exploited or is at risk of sexual 543
713-exploitation; 544
714-“(D) Whether there have been reports of abuse and neglect involving the 545
715-child; 546
716-“(E) Whether there is an open neglect case or other Child and Family 547
717-Services Agency involvement; 548
718-“(F) The child’s mental condition, including any disabilities; and 549
719-“(G) The child’s history of abscondences from DYRS or court-ordered 550
720-placements and the child’s history of running away from home. 551
721-“(3) If the Family Court orders MPD to take a missing person’s report, pursuant 552
722-to this section, any person with knowledge of the custody order may make a missing person’s 553
723-report to NCMEC; provided, that any person making such a report shall not disclose that there is 554
724-a custody order in effect. 555
725-“(4) For the purposes of this section, the term “child” means a person who has not 556
726-attained the age of 18 years. 557
727-“(h-2) Notwithstanding the provisions of this section, the Attorney General or 558
728-respondent’s attorney, at their discretion, may release juvenile case record information to 559 ENGROSSED ORIGINAL
729-
730-
731-
732-
733-29
734-
735-members of the press who are authorized to attend a court hearing pursuant to § 16-2316(e); 560
736-provided, that the information is consistent with, and does not exceed the scope of, the 561
737-information that the court authorized the press to report when granting the press permission to 562
738-attend the hearing.”. 563
739-(f) Section 16-2332(c) is amended as follows: 564
740- (1) Paragraph (3) is amended to read as follows: 565
741-“(3) Other court case participants and law enforcement: 566
742-“Law enforcement officers of the United States, the District of Columbia, and other 567
743-jurisdictions, except that such records shall be limited to photographs of the child, a physical 568
744-description of the child, any addresses where the child may be found, and the phone number or 569
745-other contact information of the child or the child’s parents, guardians, or custodians. The 570
746-confidentiality of any information disclosed to law enforcement officers pursuant to this 571
747-subsection shall be maintained pursuant to § 16-2333;”. 572
748-(2) The lead-in language to paragraph (4)(D) is amended by striking the phrase 573
749-“Schools, and the” and inserting the phrase “Schools, public charter schools, parochial schools, 574
750-and private schools, and the” in its place. 575
751-(g) Section 16-2333 is amended as follows: 576
752- (1) Subsection (b)(4)(C) is amended by striking the phrase “, and the District of 577
753-Columbia Public Schools” and inserting the phrase “, the District of Columbia Public Schools, 578
754-public charter schools, parochial schools, and private schools” in its place. 579 ENGROSSED ORIGINAL
755-
756-
757-
758-
759-30
760-
761- (2) Subsection (f) is amended by striking the phrase “date of the crime.” and 580
762-inserting the phrase “month in which the crime occurred.” in its place. 581
763-(h) A new section 16-2333.03 is added to read as follows: 582
764-Ҥ 16-2333.03. Information sharing by agencies. 583
765-“(a) Notwithstanding the confidentiality provisions in §§ 2-1515.06, 16-2331, 16-2332, 584
766-and 16-2333, it shall not be an offense for an agency to publicly share data derived from juvenile 585
767-case records, juvenile social records, police and other law enforcement records, or confidential 586
768-Department of Youth Rehabilitation Services records, provided that: 587
769-“(a) Notwithstanding the confidentiality provisions in §§ 2-1515.06, 4-1303.06, 16-2331, 588
770-16-2332, and 16-2333, it shall not be an offense for an agency to publicly share data derived 589
771-from juvenile case records, juvenile social records, police and other law enforcement records, 590
772-confidential Department of Youth Rehabilitation Services records, or confidential Child and 591
773-Family Services Agency records, provided that: 592
774-“(1) The data shared does not include any information that, by itself or in 593
775-combination with other publicly available information, could identify a particular person, 594
776-including a person’s name, Social Security number or other identifying number or code, address, 595
777-phone number, email address, or birth date; and 596
778-“(2) Record-level data is not shared, the data shared is aggregated, and any counts 597
779-or data points with fewer than 10 observations are suppressed. 598 ENGROSSED ORIGINAL
780-
781-
782-
783-
784-31
785-
786-“(b) For the purposes of this section, the term “agency” means the Superior Court of the 599
787-District of Columbia, the Office of the Attorney General for the District of Columbia, the 600
788-Metropolitan Police Department, and the Department of Youth Rehabilitation Services.”. 601
789-“(b) For the purposes of this section, the term “agency” means the Superior Court of the 602
790-District of Columbia, the Office of the Attorney General for the District of Columbia, the 603
791-Metropolitan Police Department, the Department of Youth Rehabilitation Services, the Child and 604
792-Family Services Agency, the Office of the Ombudsman for Children, the District of Columbia 605
793-Auditor, and the District of Columbia Inspector General.”. 606
794-(i) Section 16-2340(a)(2) is amended by striking the phrase “juvenile factfinding” and 607
795-inserting the phrase “juvenile plea hearings, factfinding” in its place. 608
796- Sec. 15. An Act To establish a code of law for the District of Columbia, approved March 609
797-3, 1901 (31 Stat. 1189; D.C. Official Code passim), is amended as follows: 610
798-(a) Section 806(a) (D.C. Official Code § 22-404(a)) is amended as follows: 611
799-(1) Paragraph (2) is amended by striking the phrase “or both. For the purposes of 612
800-this paragraph, the term “significant bodily injury” means an injury that requires hospitalization 613
801-or immediate medical attention.” and inserting the phrase “or both.” in its place. 614
802- (2) A new paragraph (3) is added to read as follows: 615
803- “(3) For the purposes of this section, the term “significant bodily injury” means: 616 ENGROSSED ORIGINAL
804-
805-
806-
807-
808-32
809-
810- “(A) An injury that, to prevent long-term physical damage or to abate 617
811-severe pain, requires hospitalization or medical treatment beyond what a layperson can 618
812-personally administer; 619
813- “(B) A fracture of a bone; 620
814- “(C) A laceration for which the victim required stitches, sutures, staples, 621
815-or closed-skin adhesives, or a laceration that is at least one inch in length and at least one quarter 622
816-of an inch in depth; 623
817- “(D) A burn of at least second degree severity; 624
818- “(E) Any loss of consciousness; 625
819- “(F) A traumatic brain injury; or 626
820- “(G) An injury where medical testing, beyond what a layperson can 627
821-personally administer, was performed to ascertain whether there was an injury described in 628
822-subparagraphs (A)-(F) of this paragraph.”. 629
823-(b) Section 806a (D.C. Official Code § 22-404.01) is amended by adding a new 630
824-subsection (d) to read as follows: 631
825-“(d) For the purposes of this section, the term “serious bodily injury” means an injury or 632
826-significant bodily injury, as that term is defined in section 806(a)(3) that involves: 633
827- “(1) A substantial risk of death; 634
828- “(2) Protracted and obvious disfigurement; 635 ENGROSSED ORIGINAL
829-
830-
831-
832-
833-33
834-
835- “(3) Protracted loss or impairment of the function of a bodily member, organ, or 636
836-mental faculty; 637
837- “(4) Extended loss of consciousness; 638
838- “(5) A burn of at least third degree severity; or 639
839- “(6) A gunshot wound.”. 640
840-(c) A new section 806d is added to read as follows: 641
841-“Sec. 806d. Strangulation. 642
842-“(a) A person commits the offense of strangulation if that person knowingly, 643
843-intentionally, or recklessly restricts the normal circulation of the blood or breathing of another 644
844-person, either by applying pressure on the throat, neck, or chest of another person, or by blocking 645
845-the nose or mouth of another person. 646
846-“(b) Except for as provided in subsection (c) of this section, a person convicted of 647
847-strangulation shall be fined no more than the amount set forth in section 101 of the Criminal Fine 648
848-Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. 649
849-Official Code § 22-3571.01), or incarcerated for no more than 5 years, or both. 650
850-“(c) A person convicted of strangulation may be fined up to 1½ times the maximum fine 651
851-otherwise authorized under this section and may be incarcerated for a term of up to 1½ times the 652
852-maximum term of incarceration otherwise authorized under this section, or both, if: 653
853- “(1) The victim sustained serious bodily injury, as that term is defined in section 654
854-806a(d), as a result of the offense; 655 ENGROSSED ORIGINAL
855-
856-
857-
858-
859-34
860-
861- “(2) The person was, at the time of the offense, required to stay away from or 656
862-have no contact with the victim as a condition of their parole or supervised release or pursuant to 657
863-a court order; or 658
864- “(3) The person was, within 5 years of commission of the strangulation offense, 659
865-convicted of either an intrafamily offense, as that term is defined in D.C. Official Code § 16-660
866-1001(8), or a similar offense in the law of another jurisdiction. 661
867-“(d)(1) A conviction for strangulation merges with any other offense under this chapter 662
868-arising from the same act or course of conduct. 663
869-“(2) For a person found guilty of 2 or more offenses that merge under this section 664
870-the sentencing court shall either: 665
871- “(A) Vacate all but one of the offenses prior to sentencing according to the 666
872-rule of priority in paragraph (3) of this subsection; or 667
873- “(B) Enter judgment and sentence the actor for offenses that merge; 668
874-provided, that: 669
875-“(i) Sentences for the offenses run concurrent to one another; and 670
876-“(ii) The convictions for all but, at most, one of the offenses shall 671
877-be vacated after: 672
878- “(I) The time for appeal has expired; or 673
879- “(II) The judgment that was appealed has been decided. 674 ENGROSSED ORIGINAL
880-
881-
882-
883-
884-35
885-
886- “(3) When convictions are vacated under paragraph (2)(A) of this subsection, the 675
887-conviction that remains shall be the conviction for: 676
888-“(A) The offense with the highest authorized maximum period of 677
889-incarceration; or 678
890-“(B) If 2 or more offenses have the same highest authorized maximum 679
891-period of incarceration, any offense that the sentencing court deems appropriate.”. 680
892-(d) Section 811a(a)(1) (D.C. Official Code § 22-2803(a)(1)) is amended to read as 681
893-follows: 682
894-“(1) A person commits the offense of carjacking if, by any means, that person 683
895-knowingly by force or violence, whether against resistance or by sudden or stealthy seizure or 684
896-snatching, or by putting in fear, or attempts to do so, shall take a motor vehicle from a person’s 685
897-immediate actual possession, or that person knowingly by force or violence, or by putting in fear, 686
898-shall take a key to a motor vehicle from the immediate actual possession of another person, while 687
899-that motor vehicle is within the line of sight of the person or the victim and close enough to the 688
900-vehicle that the person taking the key to the motor vehicle can take immediate possession of it, 689
901-with the purpose and effect of immediately taking the motor vehicle of another.”. 690
902-Sec. 16. Section 432 of the Revised Statutes of the District of Columbia (D.C. Official 691
903-Code § 22-405), is amended as follows: 692
904- (a) Subsection (a) is amended by striking the phrase “any fire department operating in the 693
905-District of Columbia,” and inserting the phrase “any fire department operating in the District of 694 ENGROSSED ORIGINAL
906-
907-
908-
909-
910-36
911-
912-Columbia, any emergency medical technician, paramedic, intermediate paramedic, or other 695
913-member of any emergency medical services department operating in the District of Columbia,” 696
914-in its place. 697
915- (b) Subsection (c) is amended as follows: 698
916-(1) The existing text is designated as paragraph (1). 699
917-(2) A new paragraph (2) is added to read as follows: 700
918-“(2) For the purposes of this subsection, the term “significant bodily injury” shall 701
919-have the same meaning as provided in section 806(a)(3) of An Act To establish a code of law for 702
920-the District of Columbia, approved March 3, 1901 (31 Stat. 1322; D.C. Official Code § 22-703
921-404(a)(3)).”. 704
922- Sec. 17. The Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; 705
923-D.C. Official Code § 22-3001 et seq.), is amended as follows: 706
924- (a) Section 101 (D.C. Official Code § 22-3001) is amended as follows: 707
925- (1) Paragraph (7) is amended to read as follows: 708
926- “(7) “Serious bodily injury” shall have the same meaning as provided in section 709
927-806a of An Act To establish a code of law for the District of Columbia, effective August 20, 710
928-1994 (D.C. Law 10-151; D.C. Official Code § 22-404.01(d)).”. 711
929- (2) Paragraph (10) is amended as follows: 712
930- (A) Subparagraph (C) is amended by striking the phrase “; and” and 713
931-inserting a semicolon in its place. 714 ENGROSSED ORIGINAL
932-
933-
934-
935-
936-37
937-
938- (B) Subparagraph (D) is amended to read as follows: 715
939- “(D) Any employee, contractor, consultant, or volunteer of a 716
940-school, religious institution, or an educational, social, recreational, athletic, musical, charitable, 717
941-or youth facility, organization, or program, including a teacher, coach, counselor, clergy, youth 718
942-leader, chorus director, bus driver, administrator, or support staff, or any other person in a 719
943-position of trust with or authority over a child or a minor.”. 720
944- (b) Section 205 (D.C. Official Code § 22-3006) is amended as follows: 721
945-(1) The existing text is designated as subsection (a). 722
946-(2) A new subsection (b) is added to read as follows: 723
947-“(b)(1) A person convicted of misdemeanor sexual abuse who has 3 or more prior 724
948-convictions for misdemeanor sexual abuse shall be fined no more than the amount set forth in 725
949-section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 726
950-2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more than 3 727
951-years, or both. 728
952-“(2) In addition to a violation of this section, a person shall be considered to have 729
953-prior convictions for misdemeanor sexual abuse if that person has been previously convicted of a 730
954-violation of a crime under the laws of any other jurisdiction that involved conduct that would, if 731
955-committed in the District of Columbia, constitute a violation of this section, or conduct that is 732
956-substantially similar to conduct prosecuted under this section. 733 ENGROSSED ORIGINAL
957-
958-
959-
960-
961-38
962-
963-(c) Section 209a (D.C. Official Code § 22-3010.01) is amended by adding a new 734
964-subsection (a-1) to read as follows: 735
965-“(a-1)(1) A person convicted of misdemeanor sexual abuse of a child or minor who has 3 736
966-or more prior convictions for misdemeanor sexual abuse of a child or minor shall be fined no 737
967-more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment 738
968-Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or 739
969-incarcerated for no more than 3 years, or both. 740
970- “(2) In addition to a violation of this section, a person shall be considered as 741
971-having prior convictions for misdemeanor sexual abuse of a child or minor if that person has 742
972-been previously convicted of a violation of a crime under the laws of any other jurisdiction that 743
973-involved conduct that would, if committed in the District of Columbia, constitute a violation of 744
974-this section, or conduct that is substantially similar to conduct prosecuted under this section.”. 745
975- (d) Section 219(a)(1) (D.C. Official Code § 22-3020(a)(1)) is amended by striking the 746
976-phrase “12 years” and inserting the phrase “13 years” in its place. 747
977- Sec. 18. The Criminalization of Non-Consensual Pornography Act of 2014, effective 748
978-May 7, 2015 (D.C. Law 20-275; D.C. Official Code § 22-3051 et seq.), is amended as follows: 749
979- (a) Section 3(a)(2) (D.C. Official Code § 22-3052(a)(2)) is amended to read as follows: 750
980- “(2) The person disclosing the sexual image knew or consciously disregarded a 751
981-substantial and unjustifiable risk that the person depicted did not consent to the disclosure; and”. 752
982- (b) Section 4(a) (D.C. Official Code § 22-3053(a)) is amended as follows: 753 ENGROSSED ORIGINAL
983-
984-
985-
986-
987-39
988-
989- (1) The lead-in language is amended by striking the phrase “identifiable person 754
990-when” and inserting the phrase “identifiable person, whether obtained directly from the person or 755
991-from a third party or other source, when” in its place. 756
992- (2) Paragraph (1) is amended by striking the phrase “disclosure or publication of” 757
993-and inserting the phrase “publication of” in its place. 758
994- (3) Paragraph (2) is amended to read as follows: 759
995- “(2) The person publishing the sexual image knew or consciously disregarded a 760
996-substantial and unjustifiable risk that the person depicted did not consent to the publication; 761
997-and”. 762
998- (c) Section 5(a) (D.C. Official Code § 22-3054(a)) is amended as follows: 763
999- (1) Paragraph (1) is amended by striking the phrase “disclosure or publication of” 764
1000-and inserting the phrase “publication of” in its place. 765
1001- (2) Paragraph (2) is amended to read as follows: 766
1002- “(2) The person publishing the sexual image knew or consciously disregarded a 767
1003-substantial and unjustifiable risk that the sexual image was obtained as a result of a previous 768
1004-disclosure or publication of the sexual image made with intent to harm the person depicted or to 769
1005-receive financial gain.”. 770
1006- Sec. 19. The District of Columbia Theft and White Collar Crimes Act of 1982, effective 771
1007-December 1, 1982 (D.C. Law 4-164; D.C. Official Code § 22-3201 et seq.), is amended as 772
1008-follows: 773 ENGROSSED ORIGINAL
1009-
1010-
1011-
1012-
1013-40
1014-
1015- (a) A new section 111a is added to read as follows: 774
1016- “Sec. 111a. Directing organized retail theft. 775
1017- “(a) For the purpose of this section, the term “organized retail theft” means acting in 776
1018-concert with one or more other persons to commit theft, as described in section 111, of any 777
1019-merchandise with a value greater than $1,000 aggregated over a 90-day period with the intent to: 778
1020- “(1) Sell, barter, or trade the merchandise for monetary or other gain; or 779
1021- “(2) Fraudulently return the merchandise to a retail merchant. 780
1022- “(b) A person commits the offense of directing organized retail theft if any person acts as 781
1023-an organizer by recruiting, directing, or coercing individuals to commit organized retail theft. 782
1024- “(c) A person who violates this section shall be guilty of a felony and, upon conviction, 783
1025-shall be fined no more than the amount set forth in section 101 of the Criminal Fine 784
1026-Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. 785
1027-Official Code § 22-3571.01), incarcerated for no more than 15 years, or both. 786
1028- “(d)(1) A conviction for directing organized retail theft merges with any other conviction 787
1029-for being an accomplice to theft under section 111, an accomplice to shoplifting under section 788
1030-113, or an accomplice to burglary under section 823 of An Act To establish a code of law for the 789
1031-District of Columbia, approved March 3, 1901 (31 Stat. 1323; D.C. Official Code § 22-801), or 790
1032-for criminal conspiracy under section 908A of An Act To establish a code of law for the District 791
1033-of Columbia, approved July 29, 1970 (84 Stat. 599; D.C. Official Code § 22-1805a), arising from 792
1034-the same act or course of conduct. 793 ENGROSSED ORIGINAL
1035-
1036-
1037-
1038-
1039-41
1040-
1041- “(2) For a person found guilty of 2 or more offenses that merge under this 794
1042-subsection, the sentencing court shall either: 795
1043- “(A) Vacate all but one of the offenses prior to sentencing according to the 796
1044-rule of priority in paragraph (3) of this subsection; or 797
1045- “(B) Enter judgment and sentence the actor for offenses that merge; 798
1046-provided, that: 799
1047-“(i) Sentences for the offenses run concurrent to one another; and 800
1048-“(ii) The convictions for all but, at most, one of the offenses shall 801
1049-be vacated after: 802
1050- “(I) The time for appeal has expired; or 803
1051- “(II) The judgment that was appealed has been decided. 804
1052- “(3) When convictions are vacated under paragraph (2)(A) of this subsection, the 805
1053-conviction that remains shall be the conviction for: 806
1054-“(A) The offense with the highest authorized maximum period of 807
1055-incarceration; or 808
1056-“(B) If 2 or more offenses have the same highest authorized maximum 809
1057-period of incarceration, any offense that the sentencing court deems appropriate.”. 810
1058- (b) Section 112(a) (D.C. Official Code § 22-3212(a)) is amended to read as follows: 811
1059- “(a)(1) Theft in the first degree. – Any person convicted of theft in the first degree shall 812
1060-be fined no more than the amount set forth in section 101 of the Criminal Fine Proportionality 813 ENGROSSED ORIGINAL
1061-
1062-
1063-
1064-
1065-42
1066-
1067-Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-814
1068-3571.01), or incarcerated for no more than 10 years, or both, if: 815
1069- “(A) The value of the property obtained or used is $500 $1000 or more; or 816
1070- “(B)(i) The person commits theft twice or more within a period of 6 817
1071-months and the aggregate value of property obtained is $500 $1000 or more. 818
1072- “(ii) When a person commits theft twice or more within a period of 819
1073-6 months pursuant to sub-subparagraph (i) of this subparagraph, the thefts may be aggregated 820
1074-and charged in a single count, in which event they shall constitute a single offense. 821
1075- “(2) A conviction for first degree theft under paragraph (1)(C) of this subsection 822
1076-merges with any other conviction for robbery under section 810 of An Act To establish a code of 823
1077-law for the District of Columbia, approved March 3, 1901 (31 Stat. 1322; D.C. Official Code § 824
1078-22-2801), and malicious destruction of property under section 848 of An Act To establish a code 825
1079-of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1327; D.C. Official Code 826
1080-§ 22-303), arising from the same act or course of conduct. 827
1081- “(3) For a person found guilty of 2 or more offenses that merge under this 828
1082-subsection, the sentencing court shall either: 829
1083- “(A) Vacate all but one of the offenses prior to sentencing according to the 830
1084-rule of priority in paragraph (4) of this subsection; or 831
1085- “(B) Enter judgment and sentence the actor for offenses that merge; 832
1086-provided, that: 833 ENGROSSED ORIGINAL
1087-
1088-
1089-
1090-
1091-43
1092-
1093-“(i) Sentences for the offenses run concurrent to one another; and 834
1094-“(ii) The convictions for all but, at most, one of the offenses shall 835
1095-be vacated after: 836
1096-“(I) The time for appeal has expired; or 837
1097- “(II) The judgment that was appealed has been decided. 838
1098- “(4) When convictions are vacated under paragraph (3)(A) of this subsection, the 839
1099-conviction that remains shall be the conviction for: 840
1100-“(A) The offense with the highest authorized maximum period of 841
1101-incarceration; or 842
1102-“(B) If 2 or more offenses have the same highest authorized maximum 843
1103-period of incarceration, any offense that the sentencing court deems appropriate.”. 844
1104- (c) Section 201(b) (D.C. Official Code § 22-3601(b)) is amended to read as follows: 845
1105- “(b) The provisions of subsection (a) of this section shall apply to the following offenses: 846
1106-any crime of violence, as that term is defined in D.C. Official Code § 23-1331(4), theft, fraud in 847
1107-the first degree, and fraud in the second degree, identity theft, financial exploitation of a 848
1108-vulnerable adult or elderly person, or an attempt or conspiracy to commit any of the foregoing 849
1109-offenses.”. 850
1110- (d) New sections 203 and 204 are added to read as follows: 851
1111- “Sec. 203. Enhanced penalty for committing a crime of violence against a person at a 852
1112-Department of Parks and Recreation property. 853 ENGROSSED ORIGINAL
1113-
1114-
1115-
1116-
1117-44
1118-
1119- “(a) Any person who commits a crime of violence, as that term is defined in D.C. Official 854
1120-Code § 23-1331(4), against another person while located on a property administered by the 855
1121-Department of Parks and Recreation may be punished by a fine of up to 1 1/2 times the 856
1122-maximum fine otherwise authorized for the offense and may be imprisoned for a term of up to 1 857
1123-1/2 times the maximum term of imprisonment otherwise authorized by the offense, or both. 858
1124- “(b) For the purposes of this section, the term “property” means any park, field, court, 859
1125-play area, facility, or building, and the associated parking lot. 860
1126- “Sec. 204. Enhanced penalties for committing a crime of violence against vulnerable 861
1127-adults. 862
1128- “(a) Any person who commits a crime of violence, as that term is defined in D.C. Official 863
1129-Code § 23-1331(4), against a vulnerable adult may be punished by a fine of up to 1 1/2 times the 864
1130-maximum fine otherwise authorized for the offense and may be imprisoned for a term of up to 1 865
1131-1/2 times the maximum term of imprisonment otherwise authorized for the offense, or both. 866
1132- “(b) It is an affirmative defense that the accused knew or reasonably believed that the 867
1133-victim was not a vulnerable adult at the time of the offense, or could not have known or 868
1134-determined that the victim was a vulnerable adult because of the manner in which the offense 869
1135-was committed. This defense shall be established by a preponderance of the evidence. 870
1136- “(c) For the purposes of this section, the term “vulnerable adult” means a person who is 871
1137-18 years of age or older and has one or more physical or mental limitations that substantially 872
1138-impairs the person’s ability to independently provide for their daily needs or safeguard their 873 ENGROSSED ORIGINAL
1139-
1140-
1141-
1142-
1143-45
1144-
1145-person, property, or legal interests.”. 874
1146- Sec. 20. The Anti-Intimidation and Defacing of Public or Private Property Criminal 875
1147-Penalty Act of 1982, effective March 10, 1983 (D.C. Law 4-203; D.C. Official Code § 22-3312 876
1148-et seq.), is amended as follows: 877
1149- (a) Section 4 (D.C. Official Code § 22-3312.03) is revived as of the effective date of the 878
1150-Secure DC Omnibus Amendment Act of 2024, passed on 1st reading on February 6, 2024 879
1151-(Engrossed version of Bill 25-345), and amended to read as follows: 880
1152- “Sec. 4. Wearing masks. 881
1153- “It shall be unlawful for any person over 16 years of age, while wearing any mask or 882
1154-other article whereby a substantial portion of the face is hidden, concealed, or covered as to 883
1155-conceal the identity of the wearer to enter upon, be, or appear upon or within public property, or 884
1156-hold any meeting or demonstration, if the intent of the person is to if the intent of the person is to 885
1157-avoid identification while engaging in: 886
1158- “(1) Engage in conduct prohibited by civil or criminal law and avoid 887
1159-identification; 888
1160- “(2) Deprive any person or class of persons of equal protection of the law or of 889
1161-equal privileges and immunities under the law, or for the purpose of preventing or hindering the 890
1162-constituted authorities of the United States or the District of Columbia from giving or securing 891
1163-for all persons within the District of Columbia equal protection of the law; 892 ENGROSSED ORIGINAL
1164-
1165-
1166-
1167-
1168-46
1169-
1170- “(3) Force or threaten the use of force, to injure, intimidate, or interfere with any 893
1171-person because of his or her exercise of any right secured by federal or District of Columbia 894
1172-laws, or to intimidate any person or any class of persons from exercising any right secured by 895
1173-federal or District of Columbia laws; or 896
1174- “(4) Intimidate, threaten, abuse, or harass any other person.”. 897
1175- “(1) A dangerous crime, as that term is defined in D.C. Official Code § 23-898
1176-1331(3); 899
1177- “(2) A crime of violence, as that term is defined in D.C. Official Code § 23-900
1178-1331(4); or 901
1179- “(3) Theft, as that term is defined in section 111 of the District of Columbia Theft 902
1180-and White Collar Crimes Act of 1982, effective December 1, 1982 (D.C. Law 4-164; D.C. 903
1181-Official Code § 22-3211).”. 904
1182- (b) Section 5(b) (D.C. Official Code § 22-3312.04(b)) is amended by striking the phrase 905
1183-“shall be” and inserting the phrase “or section 4 shall be” in its place. 906
1184-Sec. 21. The Taxicab Drivers Protection Act of 2000, effective June 9, 2001 (D.C. Law 907
1185-13-307; D.C. Official Code § 22-3751 et seq.), is amended as follows: 908
1186- (a) Section 2 (D.C. Official Code § 22-3751) is amended to read as follows: 909
1187- “Sec. 2. Enhanced penalties for committing a crime of violence against transportation 910
1188-providers. 911
1189- “(a) Any person who commits a crime of violence, as that term is defined in D.C. Official 912 ENGROSSED ORIGINAL
1190-
1191-
1192-
1193-
1194-47
1195-
1196-Code § 23-1331(4), against a transportation provider may be punished by a fine of up to 1 1/2 913
1197-times the maximum fine otherwise authorized for the offense and may be imprisoned for a term 914
1198-of up to 1 1/2 times the maximum term of imprisonment otherwise authorized for the offense, or 915
1199-both. 916
1200- “(b) For the purposes of this section, the term “transportation provider” means a person 917
1201-who operates within the District of Columbia a private vehicle-for-hire or a public vehicle-for-918
1202-hire, as those terms are defined in section 4(16A) and (17) of the Department of For-Hire 919
1203-Vehicles Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official 920
1204-Code § 50-301.03(16A) and (17)), or a person that provides transportation of parcels, food, or 921
1205-beverages in the District for compensation .”. 922
1206- (b) Section 2a (D.C. Official Code § 22-3751.01) is amended as follows: 923
1207- (1) The section heading is amended to read as follows: 924
1208- “Sec. 2a. Enhanced penalties for committing a crime of violence against transit operators, 925
1209-Metrorail station managers, employees, and passengers.”. 926
1210- (2) Subsection (a) is amended to read as follows: 927
1211- “(a) Any person who commits a crime of violence, as that term is defined in D.C. Official 928
1212-Code § 23-1331(4), against a transit operator, who, at the time of the offense, is authorized to 929
1213-operate and is operating a mass transit vehicle in the District of Columbia, or against a Metrorail 930
1214-station manager or Metrorail station employee while on duty in the District of Columbia, may be 931
1215-punished by a fine of up to one and 1/2 times the maximum fine otherwise authorized for the 932 ENGROSSED ORIGINAL
1216-
1217-
1218-
1219-
1220-48
1221-
1222-offense and may be imprisoned for a term of up to one and 1/2 times the maximum term of 933
1223-imprisonment otherwise authorized by the offense, or both.”. 934
1224- (3) A new subsection (a-1) is added to read as follows: 935
1225- “(a-1) Any person who commits a crime of violence, as that term is defined in D.C. 936
1226-Official Code § 23-1331(4), against a passenger of a mass transit vehicle may be punished by a 937
1227-fine of up to one and 1/2 times the maximum fine otherwise authorized for the offense and may 938
1228-be imprisoned for a term of up to one and 1/2 times the maximum term of imprisonment 939
1229-otherwise authorized by the offense, or both.”. 940
1230- (4) Subsection (b) is amended as follows: 941
1231- (A) A new paragraph (1A) is added to read as follows: 942
1232- “(1A) “Metrorail station employee” means any Washington Metropolitan Area 943
1233-Transit Authority employee who operates a bus or train or works in a Metrorail station.”. 944
1234- (B) A new paragraph (2A) is added to read as follows: 945
1235- “(2A) “Passenger” means a person who is traveling on a mass transit vehicle or 946
1236-waiting at a marked mass transit vehicle boarding location, such as a bus stop or Metrorail 947
1237-station.”. 948
1238- (c) Section 3 (D.C. Official Code § 22-3752) is repealed. 949
1239- Sec. 22. Section 2(6)(B) of the Sex Offender Registration Act of 1999, effective July 11, 950
1240-2000 (D.C. Law 13-137; D.C. Official Code § 22-4001(6)(B)), is amended by striking the phrase 951
1241-“12 years” wherever it appears and inserting the phrase “13 years” in its place. 952 ENGROSSED ORIGINAL
1242-
1243-
1244-
1245-
1246-49
1247-
1248-Sec. 27a. The DNA Sample Collection Act of 2001, effective November 3, 2001 (D.C. 953
1249-Law 14-52; D.C. Official Code § 22-4151), is amended by adding new sections 2a and 2b to read 954
1250-as follows: 955
1251-“Sec. 2a. Collection and use of DNA identification information from arrestees and 956
1252-defendants. 957
1253-“(a)(1) The Mayor may collect a DNA sample from each individual who has been 958
1254-charged by information, complaint, or indictment for: 959
1255- “(A) A crime of violence, as that term is defined in D.C. Official Code § 960
1256-23-1331(4); 961
1257- “(B) A dangerous crime, as that term is defined in D.C. Official Code § 962
1258-23-1331(3); 963
1259- “(C) The offenses listed in section 2(a)(3) through (7); or 964
1260- “(D) Attempt or conspiracy to commit any of the offenses listed in 965
1261-subparagraphs (A) through (C) of this paragraph. 966
1262- “(2) If an individual appears in court having been charged by information, 967
1263-complaint, or indictment with an offense set forth in subsection (a)(1) of this section without 968
1264-previously having a DNA sample collected, the court may direct the collection of a DNA sample 969
1265-from that individual. 970
1266- “(3) DNA sample collection under this section may be limited to individuals who 971
1267-are fingerprinted. 972 ENGROSSED ORIGINAL
1268-
1269-
1270-
1271-
1272-50
1273-
1274- “(4) The Mayor, the Metropolitan Police Department, or the court, as applicable, 973
1275-may authorize, or enter into agreements with, other local, state, or federal governmental agencies 974
1276-or private entities to collect DNA samples under this section. 975
1277- “(5) An agency or entity may, but need not, collect a DNA sample from an 976
1278-individual if: 977
1279- “(A) Another agency or entity has collected, or will collect, a DNA sample 978
1280-from that individual and has provided, or will provide, the sample for analysis and inclusion of 979
1281-the results in CODIS as provided in subsection (b) of this section; or 980
1282- “(B) CODIS already contains a DNA analysis with respect to that 981
1283-individual. 982
1284- “(6) DNA sample collection may be repeated if the agency or entity responsible 983
1285-for collection is informed that a sample collected from the individual does not satisfy the 984
1286-requirements for analysis or for entry of the results of the analysis into CODIS. 985
1287-“(b) The Mayor or other authorized agency or entity (as applicable) shall furnish an 986
1288-individual’s DNA sample collected under this section to the Federal Bureau of Investigation 987
1289-Laboratory, or to another laboratory approved by the FBI, for the purpose of carrying out a DNA 988
1290-analysis on the DNA sample and including the results in CODIS. The requirement to furnish the 989
1291-DNA sample to the FBI Laboratory or to another laboratory approved by the FBI may be 990
1292-waived, with the permission of the FBI, if DNA samples are analyzed by means of Rapid DNA 991
1293-instruments and the results are included in CODIS. DNA samples may not be collected, 992 ENGROSSED ORIGINAL
1294-
1295-
1296-
1297-
1298-51
1299-
1300-analyzed, or included in CODIS under this section before a judicial officer has made an initial 993
1301-probable cause finding that the individual committed an offense set forth in subsection (a)(1) of 994
1302-this section. 995
1303-“(c) Any DNA samples collected and records of DNA analyses generated under this 996
1304-section shall be destroyed and expunged automatically from CODIS if: 997
1305- “(1) A criminal action begun against the individual does not result in a conviction 998
1306-of the individual for an offense set forth in subsection (a)(1) of this section; 999
1307- “(2) The conviction for an offense set forth in subsection (a)(1) of this section is 1000
1308-reversed or vacated and no new trial is permitted; or 1001
1309- “(3) The individual is granted an unconditional pardon. 1002
1310-“(d) The authorization of DNA sample collection by this section shall not limit DNA 1003
1311-sample collection by any agency pursuant to any other authority. 1004
1312-“(e) For the purposes of this section, the terms “DNA sample”, “DNA analysis”, and 1005
1313-“Rapid DNA instruments” shall have the same meaning as provided in 34 U.S.C. § 40703(c). 1006
1314-“Sec. 2b. Collection of DNA identification information from convicted offenders. 1007
1315-“(a)(1) A District agency may collect a DNA sample from an individual who is, or has 1008
1316-been, convicted of an offense set forth in section 2(a). 1009
1317- “(2) A District agency or the court, as applicable, may authorize, or enter into 1010
1318-agreements with, other local, state, or federal governmental agencies or private entities to collect 1011
1319-DNA samples under this section. 1012 ENGROSSED ORIGINAL
1320-
1321-
1322-
1323-
1324-52
1325-
1326- “(3) An agency or entity may, but need not, collect a DNA sample from an 1013
1327-individual if: 1014
1328- “(A) Another agency or entity has collected, or will collect, a DNA sample 1015
1329-from that individual and has provided, or will provide, the sample for analysis and inclusion of 1016
1330-the results in CODIS as provided in subsection (b) of this section; or 1017
1331- “(B) CODIS already contains a DNA analysis with respect to that 1018
1332-individual. 1019
1333- “(4) DNA sample collection may be repeated if the agency or entity responsible 1020
1334-for collection is informed that a sample collected from the individual does not satisfy the 1021
1335-requirements for analysis or for entry of the results of the analysis into CODIS. 1022
1336-“(b) The agency or entity, as applicable, shall furnish each DNA sample collected under 1023
1337-this section to the Federal Bureau of Investigation Laboratory, or to another laboratory approved 1024
1338-by the FBI, for the purpose of carrying out a DNA analysis on each such DNA sample and 1025
1339-including the results in CODIS. The requirements of this subsection may be waived, with the 1026
1340-permission of the Federal Bureau of Investigation, if DNA samples are analyzed by means of 1027
1341-Rapid DNA instruments and the results are included in CODIS. 1028
1342-“(c) The authorization of DNA sample collection by this section shall not limit DNA 1029
1343-sample collection by any agency pursuant to any other authority. 1030
1344-“(d) For the purposes of this section, the terms “DNA sample”, “DNA analysis”, and 1031
1345-“Rapid DNA instruments” shall have the same meaning as provided in 34 U.S.C. § 40703(c).”. 1032 ENGROSSED ORIGINAL
1346-
1347-
1348-
1349-
1350-53
1351-
1352- Sec. 23. An Act To control the possession, sale, transfer and use of pistols and other 1033
1353-dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of 1034
1354-evidence, and for other purposes, approved July 8, 1932 (47 Stat. 650; D.C. Official Code § 22-1035
1355-4501 et seq.), is amended as follows: 1036
1356-(a) Section 1 (D.C. Official Code § 22-4501) is amended as follows: 1037
1357- (1) Paragraphs (1) and (1A) are redesignated as paragraph (1A) and (1B), 1038
1358-respectively. 1039
1359- (2) A new paragraph (1) is added to read as follows: 1040
1360- “(1) “Ammunition” shall have the same meaning as provided in section 101(2) of 1041
1361-the Firearms Control Regulations Act of 1975, effective September 24, 1976 (D.C. Law 1-85, 1042
1362-D.C. Official Code § 7-2501.01(2)).”. 1043
1363-(3) A new paragraph (4A) is added to read as follows: 1044
1364-“(4A) “Open to the general public” means a location: 1045
1365- “(A) To which the public is invited; and 1046
1366- “(B) For which no payment, membership, affiliation, appointment, or 1047
1367-special permission is required for an adult to enter, other than proof of age or a security 1048
1368-screening.”. 1049
1369- (4) Paragraph (7A) is redesignated as paragraph (7B). 1050
1370-(5) A new paragraph (7A) is added to read as follows: 1051 ENGROSSED ORIGINAL
1371-
1372-
1373-
1374-
1375-54
1376-
1377-“(7A) “Public conveyance” means any government-operated air, land, or water 1052
1378-vehicle used for the transportation of persons, including any airplane, train, bus, or boat.”. 1053
1379- (b) Section 3 (D.C. Official Code § 22-4503) is amended as follows: 1054
1380- (1) Subsection (a) is amended as follows: 1055
1381- (A) Paragraph (5)(C) is amended by striking the semicolon and inserting 1056
1382-the phrase “; or” in its place. 1057
1383- (B) Paragraph (6) is amended to read as follows: 1058
1384- “(6) Has been convicted within the past 5 years of: 1059
1385- “(A) An intrafamily offense, as that term is defined in D.C. Official Code 1060
1386-§ 16-1001(8), or any similar provision in the law of another jurisdiction; or 1061
1387- “(B) Stalking or attempted stalking, pursuant to Title V of the Omnibus 1062
1388-Public Safety and Justice Amendment Act of 2009, effective December 10, 2009 (D.C. Law 18-1063
1389-88; D.C. Official Code § 22-3131 et seq.), or any similar provision in the law of another 1064
1390-jurisdiction.”. 1065
1391- (2) New subsections (c-1) and (c-2) are added to read as follows: 1066
1392- “(c-1)(1) It shall be unlawful for any person knowingly to possess or receive any firearm 1067
1393-which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered. 1068
1394- “(2) It shall be unlawful for any person to receive, possess, conceal, store, barter, 1069
1395-sell, or dispose of any stolen firearm or stolen ammunition, or pledge or accept as security for a 1070
1396-loan any stolen firearm or stolen ammunition, knowing or having reasonable cause to believe 1071 ENGROSSED ORIGINAL
1397-
1398-
1399-
1400-
1401-55
1402-
1403-that the firearm or ammunition was stolen. 1072
1404- “(c-2) A person who violates subsection (c-1) of this section shall upon conviction be 1073
1405-fined no more than the amount set forth in section 101 of the Criminal Fine Proportionality 1074
1406-Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-1075
1407-3571.01), or incarcerated no less than 2 years nor more than 5 years, or both.”. 1076
1408- (c) Section 3a (D.C. Official Code § 22-4503.01) is amended as follows: 1077
1409- (1) The existing text is designated as subsection (a). 1078
1410- (2) A new subsection (b) is added to read as follows: 1079
1411- “(b) A person who violates this section shall upon conviction be fined no more than the 1080
1412-amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, 1081
1413-effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for 1082
1414-no more than 2 years, or both.”. 1083
1415-(d) New sections 3c and 3d are added to read as follows: 1084
1416-“Sec. 3c. Endangerment with a firearm. 1085
1417-“(a) A person commits endangerment with a firearm when the person: 1086
1418- “(1) Knowingly discharges a projectile from a firearm outside a licensed firing 1087
1419-range; and 1088
1420- “(2) Either: 1089
1421- “(A) The person knows that the discharged projectile creates a substantial 1090
1422-risk of death or bodily injury to another person; or 1091 ENGROSSED ORIGINAL
1423-
1424-
1425-
1426-
1427-56
1428-
1429- “(B) In fact: 1092
1430- “(i) The person is in, or the discharged projectile travels through or 1093
1431-stops in, a location that is: 1094
1432-“(I) Open to the general public at the time of the offense; 1095
1433-“(II) A communal area of multi-unit housing; or 1096
1434-“(III) Inside a public conveyance or a rail station; and 1097
1435- “(ii) The person does not have permission to discharge a projectile 1098
1436-from a firearm under: 1099
1437- “(I) A written permit issued by the Metropolitan Police 1100
1438-Department; or 1101
1439- “(II) Other District or federal law. 1102
1440-“(b) Except as provided in subsection (c) of this section, whoever violates this section 1103
1441-shall upon conviction be fined no more than the amount set forth in section 101 of the Criminal 1104
1442-Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. 1105
1443-Official Code § 22-3571.01), or incarcerated for no more than 5 years, or both. 1106
1444-“(c) Whoever violates this section shall upon conviction be fined no more than the 1107
1445-amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, 1108
1446-effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for 1109
1447-no more than 10 years, or both, if: 1110 ENGROSSED ORIGINAL
1448-
1449-
1450-
1451-
1452-57
1453-
1454- “(1) The violation of this section occurs after a person has been convicted of a 1111
1455-felony, either in the District of Columbia or another jurisdiction; or 1112
1456- “(2) Five or more projectiles are discharged from a firearm within a single course 1113
1457-of conduct. 1114
1458-“(d) When arising from the same act or course of conduct, a conviction for an offense 1115
1459-under this section shall merge with a conviction: 1116
1460- “(1) Under section 3a; or 1117
1461- “(2) For another offense outside of this act that has, as an element in the offense 1118
1462-definition or in the applicable penalty enhancement, possessing or having readily available a 1119
1463-firearm, imitation firearm, or dangerous weapon. 1120
1464-“(e) No mental state shall be required as to any element under subsection (a)(2)(B) of this 1121
1465-section. 1122
1466- “(f) It shall be a defense to liability under this section that the person discharged a firearm 1123
1467-under circumstances constituting lawful self-defense or defense of others. 1124
1468-“Sec. 3d. Unlawful discarding of firearms and ammunition. 1125
1469- “(a) It shall be unlawful for any person to knowingly discard, throw, or deposit any 1126
1470-loaded or unloaded firearm or ammunition in a place other than the person’s dwelling place, 1127
1471-place of business, or on other land possessed by the person. 1128
1472- “(b) Subsection (a) of this section shall not apply where a person: 1129
1473- “(1) Throws, discards, or deposits any firearm or ammunition in a securely locked 1130 ENGROSSED ORIGINAL
1474-
1475-
1476-
1477-
1478-58
1479-
1480-box or secured container; 1131
1481- “(2) Is expressly directed by a law enforcement officer to throw, discard, or 1132
1482-deposit any firearm or ammunition, and does so in the manner directed by the officer, and not 1133
1483-while fleeing or attempting to elude any law enforcement officer; 1134
1484- “(3) Throws, discards, or deposits any firearm or ammunition while participating 1135
1485-in a lawful firearms training and safety class conducted by an arms instructor; or 1136
1486- “(4) Who is a licensee, as that term is defined in section 901(5) of the Firearms 1137
1487-Control Regulations Act of 1975, effective June 16, 2015 (D.C. Law 20-279, D.C. Official Code 1138
1488-§ 7-2509.01(5)), and is in compliance with the provisions of Title IX of the Firearms Control 1139
1489-Regulations Act of 1975, effective June 16, 2015 (D.C. Law 20-279, D.C. Official Code § 7-1140
1490-2509.01 et seq.). 1141
1491- “(c) It shall be an affirmative defense, which shall be proven by a preponderance of the 1142
1492-evidence, that the person threw, discarded, or deposited the firearm or ammunition while, in fact, 1143
1493-voluntarily surrendering the item pursuant to section 705 of the Firearms Control Regulations 1144
1494-Act of 1975, effective September 24, 1976 (D.C. Law 1-85, D.C. Official Code § 7-2507.05) or 1145
1495-as expressly provided by District or federal law. 1146
1496- “(d)(1) Except as provided in paragraph (2) of this subsection, a person who violates this 1147
1497-section shall be fined no more than the amount set forth in section 101 of the Criminal Fine 1148
1498-Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. 1149
1499-Official Code § 22-3571.01), or incarcerated for no more than 5 years, or both. 1150 ENGROSSED ORIGINAL
1500-
1501-
1502-
1503-
1504-59
1505-
1506- “(2) If the violation of this section occurs after a person has been convicted of a 1151
1507-felony, either in the District of Columbia or another jurisdiction, the person shall be fined no 1152
1508-more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment 1153
1509-Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or 1154
1510-incarcerated for no more than 10 years, or both.”. 1155
1511- (e) Section 14 (D.C. Official Code § 22-4514) is amended as follows: 1156
1512-(1) Subsection (a) is amended by striking the phrase “any machine gun,” and 1157
1513-inserting the phrase “any item that is, in fact, a machine gun,” in its place. 1158
1514- (2) Subsection (c) is amended to read as follows: 1159
1515- “(c) Whoever violates this section shall be punished as provided in section 15 unless: 1160
1516- “(1) The violation involves possession of a machine gun, sawed-off shotgun, or 1161
1517-ghost gun, in which case such person shall be fined no more than the amount set forth in section 1162
1518-101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. 1163
1519-Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more than 5 years, or 1164
1520-both; 1165
1521- “(2) The violation involves possession of a machine gun, in which case such 1166
1522-person shall be fined no more than the amount set forth in section 101 of the Criminal Fine 1167
1523-Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. 1168
1524-Official Code § 22-3571.01), or incarcerated for no more than 5 years, which shall be imposed 1169
1525-consecutive to any other sentence of imprisonment, or both; or 1170 ENGROSSED ORIGINAL
1526-
1527-
1528-
1529-
1530-60
1531-
1532- “(3) The violation occurs after such person has been convicted in the District of 1171
1533-Columbia of a violation of this section, or of a felony, either in the District of Columbia or in 1172
1534-another jurisdiction, in which case such person shall be fined no more than the amount set forth 1173
1535-in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 1174
1536-2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more than 10 1175
1537-years, or both.”. 1176
1538- (3) Subsection (d) is repealed. 1177
1539- Sec. 30. Title 23 of the District of Columbia Official Code is amended as follows: 1178
1540- (a) Section 23-113(a) is amended by adding a new paragraph (1A) to read as follows: 1179
1541- “(1A) Any offense that is properly joinable with any of the crimes listed in 1180
1542-paragraph (1) of this subsection is barred if not commenced within 15 years after it is 1181
1543-committed.”. 1182
1544- (b) Section 23-563(b) is amended to read as follows: 1183
1545- “(b)(1) A warrant or summons issued by the Superior Court of the District of Columbia 1184
1546-for an offense punishable by imprisonment for not more than one year, or by a fine only, or by 1185
1547-such imprisonment and a fine: 1186
1548- “(A)(i) May be served in any place in the District of Columbia; or 1187
1549- “(ii) May be served at any place within the jurisdiction of the 1188
1550-United States, if a judicial officer of the Superior Court of the District of Columbia finds that 1189
1551-good cause exists for the warrant or summons to be served at any place within the jurisdiction of 1190 ENGROSSED ORIGINAL
1552-
1553-
1554-
1555-
1556-61
1557-
1558-the United States; and 1191
1559- “(B) May not be executed more than one year after the date of issuance. 1192
1560- “(2) Good cause for the warrant or summons to be served at any place within the 1193
1561-jurisdiction of the United States is presumed where the warrant or summons is for an intrafamily 1194
1562-offense, as that term is defined in § 16-1001(8), or where the warrant or summons is for an 1195
1563-offense under Chapter 30 of Title 22 of the District of Columbia Official Code.”. 1196
1564- (c) Section 23-581 is amended as follows: 1197
1565- (1) Subsection (a)(3) is amended as follows: 1198
1566- (A) Strike the phrase “Fleeing from the scene of an accident” and insert 1199
1567-the phrase “Leaving after colliding” in its place. 1200
1568- (B) Strike the phrase “section 10(a) (D.C. Official Code § 50-2201.05(a))” 1201
1569-and insert the phrase “section 10c (D.C. Official Code § 50-2201.05c)” in its place. 1202
1570- (2) Subsection (a-3) is amended by striking the phrase “sections 22-3112.1 and 1203
1571-22-3112.2” and inserting the phrase “§§ 22-3312.01, 22-3312.02, and 22-3312.03” in its place. 1204
1572- (d) Section 23-1303(d) is amended to read as follows: 1205
1573- “(d) Any information contained in the agency’s files, presented in its report, or divulged 1206
1574-during the course of any hearing shall not be admissible on the issue of guilt in any judicial 1207
1575-proceeding, but such information may be used in proceedings under §§ 23-1327, 23-1328, and 1208
1576-23-1329, in perjury proceedings, and for the purposes of impeachment in any subsequent 1209
1577-proceeding. Any information obtained from a device, as that term is defined in § 22-1211(a)(2), 1210 ENGROSSED ORIGINAL
1578-
1579-
1580-
1581-
1582-62
1583-
1584-may be used on the issue of guilt in any judicial proceeding.”. 1211
1585- (e) Section 23-1321 is amended by adding a new subsection (e) to read as follows: 1212
1586- “(e)(1) The Metropolitan Police Department may request a supervisory agency to provide 1213
1587-the Metropolitan Police Department with location and identification data collected from any 1214
1588-detection device that a person is required to wear while incarcerated or committed, while subject 1215
1589-to a protection order, or while on pretrial release, presentence release, predisposition release, 1216
1590-supervised release, probation, or parole that is deemed by the Chief of Police as necessary in 1217
1591-conducting a criminal law enforcement investigation. The Department of Youth Rehabilitation 1218
1592-Services shall comply with any request under this subsection. 1219
1593-“(2) For the purposes of this subsection, the term: 1220
1594- “(A) “Device” shall have the same meaning as in section 103(a)(2) of the 1221
1595-Omnibus Public Safety and Justice Amendment Act of 2009, effective December 10, 2009 (D.C. 1222
1596-Law 18-88; D.C. Official Code § 22-1211(a)(2)). 1223
1597- “(B) “Supervisory agencies” means the following agencies: 1224
1598- “(i) The Court Services and Offender Supervision Agency of the District 1225
1599-of Columbia; 1226
1600- “(ii) The Department of Youth Rehabilitation Services; 1227
1601- “(iii) The Superior Court of the District of Columbia’s Family Court 1228
1602-Social Services Division; and 1229
1603- “(iv) The Pretrial Services Agency for the District of Columbia.”. 1230 ENGROSSED ORIGINAL
1604-
1605-
1606-
1607-
1608-63
1609-
1610-(e) Section 23-1321 is amended as follows: 1231
1611- (1) Subsection (b) is amended by striking the phrase “period of release, unless” 1232
1612-and inserting the phrase “period of release, and subject to the condition that the person cooperate 1233
1613-in the collection of a DNA sample from the person if the collection of such a sample is 1234
1614-authorized pursuant to Chapter 41B of Title 22 of the District of Columbia Official Code, unless” 1235
1615-in its place. 1236
1616- (2) Subsection (c)(1)(A) is amended by striking the phrase “period of release;” 1237
1617-and inserting the phrase “period of release and that the person cooperate in the collection of a 1238
1618-DNA sample from the person if the collection of such a sample is authorized pursuant to Chapter 1239
1619-41B of Title 22 of the District of Columbia Official Code;” in its place. 1240
1620- (3) A new subsection (e) is added to read as follows: 1241
1621-“(e)(1) The Metropolitan Police Department may request a supervisory agency to provide 1242
1622-the Metropolitan Police Department with location and identification data collected from any 1243
1623-detection device that a person is required to wear while incarcerated or committed, while subject 1244
1624-to a protection order, or while on pretrial release, presentence release, predisposition release, 1245
1625-supervised release, probation, or parole that is deemed by the Chief of Police as necessary in 1246
1626-conducting a criminal law enforcement investigation. The Department of Youth Rehabilitation 1247
1627-Services shall comply with any request under this subsection. 1248
1628- “(2) For the purposes of this subsection, the term: 1249 ENGROSSED ORIGINAL
1629-
1630-
1631-
1632-
1633-64
1634-
1635- “(A) “Device” shall have the same meaning as in section 103(a)(2) of the 1250
1636-Omnibus Public Safety and Justice Amendment Act of 2009, effective December 10, 2009 (D.C. 1251
1637-Law 18-88; D.C. Official Code § 22-1211(a)(2)). 1252
1638- “(B) “Supervisory agencies” means the following agencies: 1253
1639- “(i) The Court Services and Offender Supervision Agency of the 1254
1640-District of Columbia; 1255
1641- “(ii) The Department of Youth Rehabilitation Services; 1256
1642- “(iii) The Superior Court of the District of Columbia’s Family 1257
1643-Court Social Services Division; and 1258
1644- “(iv) The Pretrial Services Agency for the District 1259
1645-of Columbia.”. 1260
1646- (f) Section 23-1331 is amended as follows: 1261
1647- (1) Paragraph (3)(H) is amended to read as follows: 1262
1648- “(H) Any felony offense under Chapter 30 of Title 22 (Sexual Abuse);”. 1263
1649- (2) Paragraph (4) is amended by striking the phrase “third degrees;” and inserting 1264
1650-the phrase “third degrees; misdemeanor sexual abuse pursuant to § 22-3006(b); misdemeanor 1265
1651-sexual abuse of a child or minor pursuant to § 22-3010.01(a-1); strangulation;” in its place. 1266
1652- (g) Section 23-1903(d) is amended as follows: 1267
1653- (1) Strike the phrase “child is called to give testimony” and insert the phrase 1268
1654-“child is a victim or is called to give testimony” in its place. 1269 ENGROSSED ORIGINAL
1655-
1656-
1657-
1658-
1659-65
1660-
1661- (2) Strike the phrase “granting a continuance in cases involving a child witness” 1270
1662-and insert the phrase “granting a continuance in cases involving a child victim or child witness” 1271
1663-in its place. 1272
1664- (j) Section 23-1912(a) is amended by striking the phrase “subject to a custodial arrest” 1273
1665-and inserting the phrase “subject to a subsequent custodial arrest” in its place. 1274
1666- Sec. 24. Section 11233 of the National Capital Revitalization and Self-Government 1275
1667-Improvement Act of 1997, approved August 5, 1997 (111 Stat. 748; D.C. Official Code § 24-1276
1668-133), is amended as follows: 1277
1669- (a) Subsection (b)(2)(F) is amended to read as follows: 1278
1670- “(F) Develop and implement intermediate sanctions and incentives for 1279
1671-sentenced offenders that officers may use in response to violations of, or compliance with, the 1280
1672-conditions of release;”. 1281
1673- (b) Subsection (c) is amended as follows: 1282
1674- (1) Paragraph (2) is amended as follows: 1283
1675- (A) Subparagraph (A) is amended by striking the phrase “; and” and 1284
1676-inserting a semicolon in its place. 1285
1677- (B) Subparagraph (B) is amended by striking the period and inserting the 1286
1678-phrase “; and” in its place. 1287
1679- (C) A new subparagraph (C) is added to read as follows: 1288 ENGROSSED ORIGINAL
1680-
1681-
1682-
1683-
1684-66
1685-
1686- “(C) The Agency may impose intermediate sanctions and utilize 1289
1687-incentives for offenders who violate, or comply with, the conditions of supervised release; 1290
1688-provided, that the Director shall notify the Commission of the use of any intermediate sanctions 1291
1689-on the same day in which the sanction is imposed.”. 1292
1690- (2) Paragraph (3) is amended to read as follows: 1293
1691- “(3) Supervision of probationers. — Subject to appropriations and program 1294
1692-availability, the Agency shall supervise all offenders placed on probation by the Superior Court 1295
1693-of the District of Columbia. The Agency shall carry out the conditions of release imposed by the 1296
1694-Superior Court (including conditions that probationers undergo training, education, therapy, 1297
1695-counseling, drug testing, or drug treatment), impose or implement intermediate sanctions and 1298
1696-utilize incentives for violations of, or compliance with, the conditions of release, and shall make 1299
1697-such reports to the Superior Court with respect to an individual on probation as the Superior 1300
1698-Court may require.”. 1301
1699- (3) Paragraph (4) is amended to read as follows: 1302
1700- “(4) Supervision of District of Columbia parolees. — The Agency shall supervise 1303
1701-all individuals on parole pursuant to the District of Columbia Official Code. The Agency shall 1304
1702-carry out the conditions of release imposed by the United States Parole Commission or, with 1305
1703-respect to a misdemeanant, by the Superior Court of the District of Columbia, impose or 1306
1704-implement intermediate sanctions and utilize incentives for violations of, or compliance with, the 1307 ENGROSSED ORIGINAL
1705-
1706-
1707-
1708-
1709-67
1710-
1711-conditions of release, and shall make such reports to the Commission or Court with respect to an 1308
1712-individual on parole supervision as the Commission or Court may require.”. 1309
1713- (c) Subsection (d) is amended to read as follows: 1310
1714- “(d) Authority of officers. — The supervision officers of the Agency shall have and 1311
1715-exercise the same powers and authority as are granted by law to United States Probation and 1312
1716-Pretrial Officers; except that, officers shall have the authority to impose or implement 1313
1717-intermediate sanctions and utilize incentives for violations of, or compliance with, the conditions 1314
1718-of release.”. 1315
1719- (d) A new subsection (h) is added to read as follows: 1316
1720- “(h) For purposes of this section, the term: 1317
1721- “(1) “Incentives” means individualized, goal-oriented, and graduated responses to 1318
1722-a sentenced offender’s compliance with the conditions of release designed to reinforce or modify 1319
1723-the skills and behaviors of the offender. 1320
1724- “(2) “Intermediate sanctions” means individualized, graduated punishment 1321
1725-options and sanctions, other than incarceration, imposed in response to a sentenced offender’s 1322
1726-violation of the conditions of release, including: 1323
1727- “(A) Electronic monitoring, including GPS monitoring; 1324
1728- “(B) Drug and alcohol testing; 1325
1729- “(C) Reporting requirements to probation officers; 1326 ENGROSSED ORIGINAL
1730-
1731-
1732-
1733-
1734-68
1735-
1736- “(D) Rehabilitative interventions such as substance abuse and mental 1327
1737-health treatment; and 1328
1738- “(E) Community service.”. 1329
1739- Sec. 25. The lead-in language of section 28-5402 of the District of Columbia Official 1330
1740-Code is amended by striking the phrase “A retailer” and inserting the phrase “Beginning January 1331
1741-1, 2025, a retailer” in its place. 1332
1742- Sec. 26. The Act to Regulate Public Conduct on Public Passenger Vehicles, effective 1333
1743-September 23, 1975 (D.C. Law 1-18; D.C. Official Code § 35-251 et seq.), is amended as 1334
1744-follows: 1335
1745- (a) Section 3 (D.C. Official Code § 35-252) is amended as follows: 1336
1746- (1) The existing text is designated as subsection (a). 1337
1747- (2) A new subsection (b) is added to read as follows: 1338
1748- “(b) A person who is stopped by an individual authorized to issue notices of infractions 1339
1749-under section 5(a)(3) for violating subsection (a) of this section shall, upon request, inform that 1340
1750-authorized individual of his or her true name and address for the purpose of including that 1341
1751-information on a notice of infraction; provided, that no person shall be required to possess or 1342
1752-display any documentary proof of his or her name or address in order to comply with the 1343
1753-requirements of this section.”. 1344
1754- (b) Section 5 (D.C. Official Code § 35-254) is amended as follows: 1345
1755- (1) Subsection (a)(1) is amended by striking the phrase “section 3” and inserting 1346 ENGROSSED ORIGINAL
1756-
1757-
1758-
1759-
1760-69
1761-
1762-the phrase “section 3(a)” in its place. 1347
1763- (2) Subsection (b) is amended by adding a new paragraph (1A) to read as follows: 1348
1764- “(1A) A person who refuses to provide his or her name and address, or who 1349
1765-knowingly provides an incorrect name or address, to an authorized individual in violation of 1350
1766-section 3(b) shall, upon conviction, be fined no more than $100.”. 1351
1767- Sec. 27. Section 4 of the Transit Operator Protection and Enhanced Penalty Amendment 1352
1768-Act of 2008, effective July 23, 2008 (D.C. Law 17-206; D.C. Official Code § 35-261), is 1353
1769-amended as follows: 1354
1770- (a) The section heading is amended to read as follows: 1355
1771- “Sec. 4. Notice of enhanced penalties for commission of offenses against transit 1356
1772-operators, Metrorail station managers, Metrorail station employees, and mass transit vehicle 1357
1773-passengers.”. 1358
1774- (b) Subsection (a)(1) is amended to read as follows: 1359
1775- “(1) The Washington Metropolitan Area Transit Authority shall post or otherwise provide 1360
1776-conspicuous notice of the enhanced penalties for the commission of certain offenses against 1361
1777-transit operators, Metrorail station managers, Metrorail station employees, and mass transit 1362
1778-vehicle passengers in the District of Columbia pursuant to section 2a of the Taxicab Drivers 1363
1779-Protection Act of 2000, effective July 23, 2008 (D.C. Law 17-206; D.C. Official Code § 22-1364
1780-3751.01), on all Metrobus buses and Metrorail trains operating in the District of Columbia, and 1365
1781-at or near all Metrorail station kiosks within the District of Columbia.”. 1366 ENGROSSED ORIGINAL
1782-
1783-
1784-
1785-
1786-70
1787-
1788- Sec. 28. The Anti-Loitering/Drug Free Zone Act of 1996, effective June 3, 1997 (D.C. 1367
1789-Law 11-270; D.C. Official Code § 48-1001 et seq.), is revived as of the effective date of the 1368
1790-Secure DC Omnibus Amendment Act of 2024, passed on 1st reading on February 6, 2024 1369
1791-(Engrossed version of Bill 25-345), and amended to read as follows: 1370
1792- “Sec. 2. Definitions. 1371
1793- For the purposes of this act, the term: 1372
1794- “(1) “Chief of Police” means the Chief of the Metropolitan Police Department as 1373
1795-the designated agent of the Mayor. 1374
1796- “(2) “Controlled Substances Act” means the District of Columbia Uniform 1375
1797-Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official 1376
1798-Code § 48-901.01 et seq.). 1377
1799-“(3) “Disperse” means to depart from the designated drug free zone and not to 1378
1800-recongregate within the drug free zone with anyone from the group ordered to depart for the 1379
1801-purpose of committing an offense under Title IV of the Controlled Substances Act for the 1380
1802-duration of the zone. 1381
1803- “(4) “Drug free zone” means public space on public property in an area not to 1382
1804-exceed a square of 1,000 feet on each side that is established pursuant to section 3. 1383
1805- “(5) “Illegal drug” means the same as the term “controlled substance” in section 1384
1806-102(4) of the Controlled Substances Act. 1385
1807- “(6) “Known unlawful drug user, possessor, or seller” means a person who has, 1386 ENGROSSED ORIGINAL
1808-
1809-
1810-
1811-
1812-71
1813-
1814-within the knowledge of the arresting officer, been convicted in any court of any violation 1387
1815-involving the use, possession, or distribution of any of the substances referred to in Title IV of 1388
1816-the Controlled Substances Act. 1389
1817-“(7) “Police Department” means the Metropolitan Police Department. 1390
1818-“Sec. 3. Procedure for establishing a drug free zone. 1391
1819-“(a) The Chief of Police may declare any public area a drug free zone for a period not to 1392
1820-exceed 120 consecutive hours. 1393
1821- “(b) In determining whether to designate a drug free zone, the Chief of Police shall 1394
1822-consider the following: 1395
1823- “(1) Within the preceding 6-month period, the occurrence of a disproportionately 1396
1824-high number of: 1397
1825- “(A) Arrests for the possession or distribution of illegal drugs in the 1398
1826-proposed drug free zone; 1399
1827- “(B) Police reports for dangerous crimes, as that term is defined in D.C. 1400
1828-Official Code § 23-1331(3), that were committed in the proposed drug free zone; or 1401
1829- “(C) Police reports for crimes of violence, as that term is defined in D.C. 1402
1830-Official Code § 23-1331(4), that were committed in the proposed drug free zone; 1403
1831- “(2) Any number of homicides that were committed in the proposed drug free 1404
1832-zone; 1405
1833- “(3) Objective evidence or verifiable information that shows that illegal drugs are 1406 ENGROSSED ORIGINAL
1834-
1835-
1836-
1837-
1838-72
1839-
1840-being sold and distributed on public space on public property within the proposed drug free zone; 1407
1841-and 1408
1842- “(4) Any other verifiable information from which the Chief of Police may 1409
1843-ascertain whether the health or safety of residents who live in the proposed drug free zone are 1410
1844-endangered by the purchase, sale, or use of illegal drugs or other illegal activity. 1411
1845- “(c) At least 24 hours prior to the designation of the drug free zone, the Chief of Police 1412
1846-shall notify, in writing: 1413
1847- “(1) The Chairman and each member of the Council of the District of Columbia 1414
1848-of the declaration of the drug free zone and the boundaries of the drug free zone; 1415
1849- “(2) All licensed medical or social services clinics operating in or adjacent to the 1416
1850-drug free zone of the declaration of the drug free zone and the boundaries of the drug free zone; 1417
1851-and 1418
1852- “(3) The Deputy Mayor for Health and Human Services, the Director of the 1419
1853-Department of Behavioral Health, the Director of the Department of Health, the Director of the 1420
1854-Department of Human Services, the Deputy Mayor for Public Safety and Justice, the Director of 1421
1855-the Office of Neighborhood Safety and Engagement, and the Office of the Attorney General’s 1422
1856-“Cure the Streets” program of the designation of the drug free zone, the boundaries of the drug 1423
1857-free zone, and the need for any relevant medical or social services in the surrounding area, in 1424
1858-order to ensure that this designation does not conflict with section 5(c). 1425
1859- “(d) The Chief of Police may not declare the same area, or an overlapping area, as a drug 1426 ENGROSSED ORIGINAL
1860-
1861-
1862-
1863-
1864-73
1865-
1866-free zone for more than 360 consecutive hours or for more than 360 hours within a 30-day 1427
1867-period. 1428
1868- “Sec. 4. Notice of a drug free zone. 1429
1869- “Upon the designation of a drug free zone, the Police Department shall mark each block 1430
1870-within the drug free zone by using barriers, tape, or police officers that post the following 1431
1871-information in the immediate area of, and borders around, the drug free zone: 1432
1872- “(1) A statement that it is unlawful for a person to congregate in a group of 2 or 1433
1873-more persons for the purpose of committing an offense under Title IV of the Controlled 1434
1874-Substances Act within the boundaries of a drug free zone, and to fail to disperse after being 1435
1875-instructed to disperse by a uniformed officer of the Police Department who reasonably believes 1436
1876-the person is congregating for the purpose of committing an offense under Title IV of the 1437
1877-Controlled Substances Act; 1438
1878- “(2) The boundaries of the drug free zone; 1439
1879- “(3) A statement of the effective dates of the drug free zone designation; and 1440
1880- “(4) Any other additional notice to inform the public of the drug free zone. 1441
1881- “Sec. 5. Prohibition. 1442
1882- “(a) It shall be unlawful for a person to congregate in a group of 2 or more within the 1443
1883-perimeter of a drug free zone established pursuant to section 3 for the purpose of committing an 1444
1884-offense under Title IV of the Controlled Substances Act, and to fail to disperse after being 1445
1885-instructed to disperse by a uniformed officer of the Police Department who reasonably believes 1446 ENGROSSED ORIGINAL
1886-
1887-
1888-
1889-
1890-74
1891-
1892-the person is congregating for the purpose of committing an offense under Title IV of the 1447
1893-Controlled Substances Act. 1448
1894- “(b) In making a determination that a person is congregating in a drug free zone for the 1449
1895-purpose of committing an offense under Title IV of the Controlled Substances Act, the totality of 1450
1896-the circumstances involved shall be considered. Among the circumstances which may be 1451
1897-considered in determining whether such purpose is manifested are: 1452
1898- “(1) The conduct of a person being observed, including that such person is 1453
1899-behaving in a manner raising a reasonable belief that the person is engaging or is about to engage 1454
1900-in illegal drug activity, such as the observable distribution of small packages to other persons, the 1455
1901-receipt of currency for the exchange of a small package, operating as a lookout, warning others 1456
1902-of the arrival of police, concealing himself or herself or any object which reasonably may be 1457
1903-connected to unlawful drug-related activity, or engaging in any other conduct normally 1458
1904-associated by law enforcement agencies with the illegal distribution or possession of drugs; 1459
1905- “(2) Information from a reliable source indicating that a person being observed 1460
1906-routinely distributes illegal drugs within the drug free zone; 1461
1907- “(3) Information from a reliable source indicating that the person being observed 1462
1908-is currently engaging in illegal drug-related activity within the drug free zone; 1463
1909- “(4) Such person is physically identified by the officer as a member of a gang or 1464
1910-association which engages in illegal drug activity; 1465
1911- “(5) Such person is a known unlawful drug user, possessor, or seller; 1466 ENGROSSED ORIGINAL
1912-
1913-
1914-
1915-
1916-75
1917-
1918- “(6) Such person has no other apparent lawful reason for congregating in the drug 1467
1919-free zone, such as waiting for a bus, being near one’s own residence, or waiting to receive 1468
1920-medical or social services; 1469
1921- “(7) Any vehicle involved in the observed circumstances is registered to a known 1470
1922-unlawful drug user, possessor, or seller, or a person for whom there is an outstanding arrest 1471
1923-warrant for a crime involving drug related activity. 1472
1924- “(c) The prohibition under this section shall not be applied with the primary purpose of 1473
1925-depriving persons of social or medical services. 1474
1926- “(d) The Chief of Police shall issue a General Order establishing protocols to ensure that 1475
1927-persons seeking or receiving medical or social services near or in a drug free zone are not 1476
1928-prevented, discouraged, or otherwise deterred from seeking such services. 1477
1929-“Sec. 6. Penalties. 1478
1930- “(a) Any person who violates section 5 shall, upon conviction, be subject to a fine of not 1479
1931-more than $300, imprisonment for not more than 180 days, or both. 1480
1932- “(b) The fine set forth in this section shall not be limited by section 101 of the Criminal 1481
1933-Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. 1482
1934-Official Code § 22-3571.01). 1483
1935- Sec. 29. Chapter 39 of Title 24 of the District of Columbia Municipal Regulations (24 1484
1936-DCMR § 3900 et seq.), is amended as follows: 1485
1937-(a) Subsection 3900.5 is repealed. 1486 ENGROSSED ORIGINAL
1938-
1939-
1940-
1941-
1942-76
1943-
1944- (b) Subsection 3900.9 is amended to read as follows: 1487
1945- “3900.9 (a) For any incident involving an officer-involved death or serious use of force, a 1488
1946-member shall not review their body-worn camera recordings or any body-worn camera 1489
1947-recordings that have been shared with them to assist in initial report writing. 1490
1948- “(b) A member shall indicate, when writing any initial or subsequent reports, 1491
1949-whether the officer viewed body-worn camera footage prior to writing the report and specify 1492
1950-what body-worn camera footage the officer viewed.”. 1493
1951- (c) Section 3999.1 is amended as follows: 1494
1952- (1) The definition of “serious use of force” is amended to read as follows: 1495
1953- ““Serious use of force” means any: 1496
1954- “(1) Firearm discharges by a Metropolitan Police Department officer, with the 1497
1955-exception of a negligent discharge that does not otherwise put members of the public at risk of 1498
1956-injury or death, or a range or training incident; 1499
1957- “(2) Head strikes by a Metropolitan Police Department officer with an impact 1500
1958-weapon; 1501
1959- “(3) Use of force by a Metropolitan Police Department officer that: 1502
1960- “(A) Results in serious bodily injury; 1503
1961- “(B) Results in a protracted loss of consciousness, or that create a 1504
1962-substantial risk of death, serious disfigurement, disability or impairment of the functioning of 1505
1963-any body part or organ; 1506 ENGROSSED ORIGINAL
1964-
1965-
1966-
1967-
1968-77
1969-
1970- “(C) Involves the use of a prohibited technique, as that term is defined in 1507
1971-section 3 of the Limitation on the Use of the Chokehold Act of 1985, effective January 25, 1986 1508
1972-(D.C. Law 6-77; D.C. Official Code § 5-125.02(6)); or 1509
1973- “(D) Results in a death; and 1510
1974- “(4) Incidents in which a Metropolitan Police Department canine bites a person.”. 1511
1975- (2) Insert a new definition between the definitions of “next of kin” and “subject” 1512
1976-to read as follows: 1513
1977- ““Serious bodily injury”” means extreme physical pain, illness, or impairment of physical 1514
1978-condition including physical injury that involves a substantial risk of death, protracted and 1515
1979-obvious disfigurement, protracted loss or impairment of the function of a bodily member or 1516
1980-organ, or protracted loss of consciousness.”. 1517
1981- Sec. 30. Applicability. 1518
1982- Section 9 shall apply as of July 22, 2020. 1519
1983-Sec. 31. Fiscal impact statement. 1520
1984- The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 1521
1985-statement required by section 4a of the General Legislative Procedures Act of 1975, approved 1522
1986-October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 1523
1987- Sec. 32. Effective date. 1524
1988- (a) This act shall take effect following approval by the Mayor (or in the event of veto by 1525
1989-the Mayor, action by the Council to override the veto), a 30-day period of congressional review 1526 ENGROSSED ORIGINAL
1990-
1991-
1992-
1993-
1994-78
1995-
1996-as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 1527
1997-24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 1528
1998-Columbia Register. 1529
1999- (b) This act shall expire 225 days of its having taken effect. 1530
1385+ ““Serious bodily injury”” means extreme physical pain, illness, or impairment of physical 1325
1386+condition including physical injury that involves a substantial risk of death, protracted and 1326
1387+obvious disfigurement, protracted loss or impairment of the function of a bodily member or 1327
1388+organ, or protracted loss of consciousness.”. 1328
1389+ Sec. 30. Applicability. 1329
1390+ Section 9 shall apply as of July 22, 2020. 1330
1391+Sec. 31. Fiscal impact statement. 1331
1392+ The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 1332
1393+statement required by section 4a of the General Legislative Procedures Act of 1975, approved 1333
1394+October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 1334
1395+ Sec. 32. Effective date. 1335
1396+ (a) This act shall take effect following approval by the Mayor (or in the event of veto by 1336
1397+the Mayor, action by the Council to override the veto), a 30 -day period of congressional review 1337
1398+as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 1338
1399+24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of 1339
1400+Columbia Register. 1340
1401+ (b) This act shall expire 225 days of its having taken effect. 1341