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