D.C. Law 25-175. Secure DC Omnibus Amendment Act of 2024.
AN ACT
To provide for public safety enhancements in the District, and for other purposes.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Secure DC Omnibus Amendment Act of 2024".
Sec. 2. The Office of the Deputy Mayor for Public Safety and Justice Establishment Act of 2011, effective September 14, 2011 (D.C. Law 19-21; D.C. Official Code § 1-301.191 et seq.), is amended as follows:
(a) Section 3022(c)(6) (D.C. Official Code § 1-301.191(c)(6)) is repealed.
(b) Section 3023 (D.C. Official Code § 1-301.192) is amended by adding a new subsection (c) to read as follows:
"(c)(1) The Deputy Mayor shall establish a Safe Commercial Corridors Program, under which the Deputy Mayor shall have authority to issue grants to eligible organizations, as described in paragraph (2) of this subsection, for the purpose of promoting public safety and health through evidence-based activities for residents, workers, and visitors within the area served by the organization and the surrounding area ("commercial district").
"(2) To be eligible for a grant under this subsection, an organization shall:
"(A) Serve the District's residents, workers, business owners, property owners, and visitors of a commercial corridor in the District; and
"(B) Engage in the maintenance of public and commercial spaces in the District.
"(3) An organization seeking a grant under this subsection shall submit to the Deputy Mayor a proposed Safe Commercial Corridors Program application, in a form prescribed by the Deputy Mayor, which shall include:
"(A) A description of the public safety and health problems faced in the commercial district;
"(B) A Safe Commercial Corridors Program Plan describing how the applicant proposes to spend the grant funds in evidence-based ways to address the public safety and health problems identified in the application and to promote improvements in public safety and health in the commercial district;
"(C) A Clean Hands certification; and
"(D) Any additional information requested by the Deputy Mayor.
"(4) A Safe Commercial Corridors Program Plan may include the following activities:
"(A) Relationship-building with residents, workers, businesses, and regular visitors;
"(B) Connecting residents, workers, visitors, and businesses with resources available through District government agencies and direct service providers;
"(C) Providing safe passage for individuals who request accompaniment walking to transit or their vehicles;
"(D) Assisting business owners with improvements to their security and safety systems and protocols;
"(E) Responding to individuals with substance use disorders and implementing harm-reduction strategies;
"(F) Implementing de-escalation techniques;
"(G) Deterring crime and public safety violations;
"(H) Liaising with residents, workers, businesses, visitors, District public safety and health agencies, direct service providers in the community, and others as appropriate;
"(I) Providing culturally competent services and programming; and
"(J) Implementing other innovative strategies to promote public safety.
"(5) Organizations receiving funds pursuant to this subsection shall endeavor to coordinate with other organizations receiving funds pursuant to this subsection and to share results and lessons learned from implementation of a Safe Commercial Corridors Program and other public safety efforts implemented by the organization.
"(6) A grant awarded pursuant to this subsection may be used to pay for the costs of:
"(A) Salary and fringe benefits for staff;
"(B) Equipment, training, training materials, uniforms, first aid and other medical materials and equipment, and other materials and equipment for purposes of implementing the Safe Commercial Corridors Program; and
"(C) Other costs that support improved public safety and health pursuant to the Safe Commercial Corridors Program Plan.
"(7) An organization receiving a grant pursuant to this subsection shall submit a report to the Deputy Mayor by the end of each fiscal year in which funds are received containing the following:
"(A) An evaluation of the success of its Safe Commercial Corridors Program, including a detailed description of the program activities;
"(B) A description of any training or support provided to program staff;
"(C) A summary of the number and types of interactions between program staff and residents, visitors, businesses, and other individuals;
"(D) Evidence indicating the impact of the program activities on public safety and health indicators; and
"(E) Any other data or information as required by the Deputy Mayor.".
[(b-1)] A new section 3024 is added to read as follows:
"Sec. 3024. Transit corridor safety and emergency response program.
"(a) No later than 180 days after the applicability date of section 2 of the Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345), the Deputy Mayor for Public Safety and Justice ("Deputy Mayor"), in consultation with the District Department of Transportation ("DDOT"), Metropolitan Police Department ("MPD"), and the Metro Transit Police Department ("MTPD"), shall establish a 2-year demonstration program of emergency communication and video surveillance systems at or near bus stops, train stations, or other public spaces to increase safety along transit routes in the District.
"(b)(1) The emergency communication and video surveillance systems shall promptly connect an individual to emergency response services, and audio and video captured by the emergency communication and video surveillance systems may be used to identify violators of District criminal law.
"(2) The audio and video captured by the emergency communication and video surveillance systems shall be deleted after 30 calendar days, unless the footage relates to a violation of criminal law, in which case it shall be retained consistent with MPD's retention policies for body-worn camera footage.
"(3) The audio and video captured by the emergency communication and video surveillance systems shall not be subject to
"(c) As part of the implementation of the demonstration program, the Deputy Mayor shall:
"(1) Evaluate various emergency communication and video surveillance station configurations to identify the most appropriate device for use in the District;
"(2) Select locations for placement of emergency communication and video surveillance systems in consultation with MPD, MTPD, and DDOT; provided, that:
"(A) Priority shall be given to locations with a higher incidence of:
"(i) Late-night or early morning ridership; and
"(ii) Harassment, theft, or violent offenses; and
"(B) At least one emergency communication and video surveillance system shall be installed in each ward;
"(3) Provide a report to the Council describing how the location for each emergency communication and video surveillance system was selected;
"(4) Install signs providing notice, in the 5 most commonly spoken languages in the District, at locations where an emergency communication and video surveillance system is installed, informing members of the public that audio and video footage is being recorded; and
"(5) Collect appropriate data on the effectiveness of the emergency communication and video surveillance system, including how often the emergency communication stations were activated, whether audio or video information captured from the systems led to the successful identification of perpetrators of criminal offenses, and whether incidents of criminal offenses decreased at or near the emergency communication and video surveillance system locations following the installation of the emergency communication and video surveillance system.
"(d) No later than 60 days after the conclusion of the 2-year demonstration program required by subsection (a) of this section, DDOT shall submit a report on the results of the demonstration program to the Council. The report shall include:
"(1) The locations, date, and timestamps for when the emergency communication stations were used;
"(2) The total number of arrests made due to the conduct recorded or otherwise identified by the emergency communication and video surveillance systems; and
"(3) The expenses incurred by the District to implement the demonstration program.
"(e) The Deputy Mayor shall provide for routine maintenance and repair of emergency communication stations and video surveillance technology in accordance with recommendations from the manufacturers.
"(f) An operator of an emergency communication and video surveillance system shall have completed training in the procedures for the installation, testing, and operation of the device.
"(g) The demonstration program shall use video technology that has the capacity to record images at a minimum of 15 frames per second or equivalent recording speed and at a resolution sufficient to clearly identify persons, objects, and locations monitored by the camera.
"(h) Within 6 months after the applicability date of section 2 of the Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345), the Deputy Mayor, in consultation with DDOT, MPD, and MTPD, shall initiate a study on the prevalence of violence and crime that occurs at bus stops, train stations, and other public spaces in the District and identify and evaluate short-term and long-term strategies for reducing crime in those locations. Within one year after the applicability date of section 2 of the Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345), the Deputy Mayor shall provide to the Council a report on the study, including recommendations on the feasibility, efficacy, and environmental impact of the identified violence-reducing strategies and a cost-benefit analysis of identified strategies that includes a detailed cost breakdown for implementing each recommended strategy across the financial plan.
"(i) No later than 180 days after the applicability date section 2 of the Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345), the Mayor, pursuant to
"(j) For the purposes of this section, the term:
"(1) "Bus stop" means any stop, either permanent or temporary, that is part of the Metrobus, DC Circulator, or Streetcar lines within the bounds of the District.
"(2) "Emergency communication and video surveillance system" means an emergency communication station affixed with or in close proximity to continuous video surveillance technology operated by, or accessible to, the Metropolitan Police Department.
"(3) "Emergency communication station" means a fixed station, illuminated by a bright blue or other colored light beacon, that features an alarm button that, when pressed, communicates directly with an Office of Unified Communications emergency call center.
"(4) "Operator of an emergency communication and video surveillance system" means a person authorized to set up, test, or operate an emergency communication and video surveillance system.".
Sec. 3. The Office of Unified Communications Establishment Act of 2004, effective December 7, 2004 (D.C. Law 15-205; D.C. Official Code § 1-327.51 et seq.), is amended by adding new sections 3207b and 3207c to read as follows:
"Sec. 3207b. Call data collection and posting.
"(a) On a monthly basis, the Office shall collect and publicly post on the Office's website the number of calls eligible to be diverted and the number of calls actually diverted to:
"(1) The Department of Behavioral Health Access Help Line;
"(2) The District Department of Transportation, for motor vehicle collisions that do not result in an injury;
"(3) The Department of Public Works ("DPW"), for parking enforcement; and
"(4) The Fire and Emergency Medical Services Department ("FEMS") Nurse Triage Line.
"(b) On a monthly basis, the Office shall collect and publicly post the following information on the Office's website:
"(1) Descriptions of each call-handling issue, including mistaken addresses, duplicate responses, or any other error or omission reported by the Council, other agencies, the news media, OUC staff, or other sources, as well as the cause of the issue, whether the issue was sustained, and the corrective action taken by the Office;
"(2) The number of shifts operated under minimum staffing levels, for call-takers, dispatchers, and supervisors, including the difference between the minimum staffing level for each role required per shift and the actual number of staff members for each role on a shift;
"(3) Average and maximum call-to-answer times;
"(4) Average and maximum answer-to-dispatch times;
"(5) Percent of 911 calls in which call to queue is 90 seconds or less;
"(6) The total number of calls;
"(7) The number of calls in the queue for over 15 seconds;
"(8) The number of abandoned calls, defined as any call that is disconnected before it is answered;
"(9) The number and type of 911 misuse calls;
"(10) The number of text-to-911 messages received;
"(11) Average and maximum queue-to-dispatch and dispatch-to-arrival times for Priority 1 calls to Fire and Emergency Services ("FEMS") and Priority 1 calls to the Metropolitan Police Department ("MPD");
"(12) The percentage of Priority 1 calls to FEMS and Priority 1 calls to MPD that move from queue to dispatch in 60 seconds or less;
"(13) Average and maximum time of call to arrival on the scene times for Priority 1 calls to FEMS and MPD; and
"(14) The percentage of emergency medical services calls that lead to dispatch of advanced life support.
"(c) All data posted according to this section shall be archived and publicly posted for at least 5 years from the date of publication.
"Sec. 3207c. 311 services.
"(a) No later than 180 days after the effective date of the Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345), the Office shall permit persons to submit requests for the following services via the District's 311 system at all times:
"(1) Maintenance of porous flexible pavement sidewalks by the District Department of Transportation (by selecting "porous flexible pavement" as the material within the "Sidewalk Repair" service group);
"(2) Leaf collection by the Department of Public Works ("DPW"); except, that the Office shall not be required to permit persons to submit requests for this service during seasons in which DPW does not offer this service; and
"(3) Graffiti removal by DPW; except, that the Office shall not be required to permit persons to submit requests for this service during seasons in which DPW does not offer this service.
"(b) No later than 180 days after the effective date of the Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345), the Office shall facilitate referrals and access to the relevant servicing entities for the following request-types, such as through the posting of website links or contact information, and the Office may include a disclaimer that the referral does not commit the Office to back-end work or quality assurance for completion of the service request:
"(1) Maintenance of electrical wires;
"(2) Maintenance of utility poles;
"(3) Maintenance of fire hydrants; and
"(4) Alcoholic Beverage and Cannabis Administration response to issues relating to alcohol sales, including:
"(A) After-hours sales of alcohol;
"(B) Breach of a settlement agreement;
"(C) No Alcoholic Beverage Control ("ABC") manager on duty;
"(D) Excessive noise;
"(E) Operating without an ABC license;
"(F) Overcrowding;
"(G) Sale of alcohol to intoxicated persons;
"(H) Sale of alcohol to minors; and
"(I) Trash.
"(c) No later than 180 days after the effective date of the Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345), the Office shall direct 311 system users to the National Park Service website when a user provides a property location that is under National Park Service jurisdiction.".
Sec. 4. The Department of Youth Rehabilitation Services Establishment Act of 2004, effective April 12, 2005 (D.C. Law 15-335; D.C. Official Code § 2-1515.01 et seq.), is amended as follows:
(a) Section 101 (D.C. Official Code § 2-1515.01) is amended as follows:
(1) New paragraphs (9A) and (9B) are added to read as follows:
"(9A) "Hardware secure facility" means a congregate care facility with construction features and a staffing model designed to physically restrict the movements and activities of youth who are detained pending a final disposition of a petition.
"(9B) "Law enforcement officer" means a sworn member of the Metropolitan Police Department or any other law enforcement agency operating and authorized to make arrests in the District of Columbia.".
(2) A new paragraph (11A) is added to read as follows:
"(11A) "Staff secure facility" means a foster home or congregate care facility in the community in which the movements and activities of individual youth residents may be restricted or subject to control through the use of a staff supervision model as well as through reasonable rules restricting entrance to and egress from the facility. A staff secure facility does not contain construction features designed to physically restrict the movements and activities of youth who are in its custody.".
(b) Section 106 (D.C. Official Code § 2-1515.06) is amended as follows:
(1) Subsection (a) is amended as follows:
(A) Paragraph (1) is amended by striking the phrase "youth in the custody" and inserting the phrase "youth who are currently in or were previously in the custody" in its place.
(B) Paragraph (5) is amended by striking the phrase "youth in the custody" and inserting the phrase "youth who are currently in or were previously in the custody" in its place.
(2) Subsection (c) is amended to read as follows:
"(c) Notwithstanding the confidentiality requirements of this section, or any other provision of law, the Mayor, or the Mayor's designee, any member of the Council, the Office of the Attorney General, the District of Columbia Auditor, and the District of Columbia Inspector General shall be permitted to obtain the records pertaining to youth who are currently in or were previously in the custody of the Department regardless of the source of the information contained in those records, when necessary for the discharge of their duties; provided, that the Department data is maintained, transmitted, and stored in a manner to protect the security and privacy of the youth identified and to prevent the disclosure of any of the data or information to any individual, entity, or agency not designated pursuant to subsection (b) of this section.".
(3) Subsection (d) is amended to read as follows:
"(d) Notwithstanding the confidentiality requirements of this section, or any other provision of law, a law enforcement officer may obtain records pertaining to youth who are currently or were previously in the custody of the Department, other than juvenile case records, as that term is defined in
(4) New subsections (e) through (h) are added to read as follows:
"(e)(1) The Department shall inform the Attorney General, and the committed youth's counsel, in advance:
"(A) As soon as is practicable, each time a committed youth is released from a hardware or staff secure facility, regardless of the length of release; and
"(B) Within 24 hours, each time a committed youth:
"(i) Escapes from a hardware secure facility or a staff secure facility; or
"(ii) Absconds from a community placement.
"(2) This subsection shall not apply to any youth who is committed only for a status offense.
"(f) Notwithstanding subsection (a)(5) of this section, unless the release of the information is otherwise prohibited by law or the information relates to medical, dental, or mental health appointments, the Attorney General, at the Attorney General's discretion, may disclose information received from the Department pursuant to subsection (e) of this section to:
"(1) Any victim, any eyewitness, or any duly authorized attorney of any victim or witness;
"(2) Any immediate family member or custodian of any victim or eyewitness, if the victim or eyewitness is a child or if the victim is deceased or incapacitated, or any duly authorized attorney of such immediate family member or custodian; or
"(3) The parent or guardian of the committed youth.
"(g) Neither the Department's failure to timely inform the Attorney General or committed youth's counsel pursuant to subsection (e)(1) of this section nor the Attorney General's decision to disclose information pursuant to subsection (f) of this section shall serve as the basis for delaying the release of a committed youth from a hardware secure facility or staff secure facility.
"(h) No person shall disclose, inspect, or use records in violation of this section. A violation of this section shall constitute a violation of
Sec. 5. Section 204(d-1) of the Freedom of Information Act of 1976, effective March 29, 1977 (D.C. Law 1-96; D.C. Official Code § 2-534(d-1)), is amended as follows:
(a) Paragraph (2)(A) is amended by striking the phrase "the name of the officer" and inserting the phrase "the name and badge number of the officer" in its place.
(b) Paragraph (3) is amended to read as follows:
"(3) When providing records or information related to disciplinary records, the responding public body may redact:
"(A) Technical infractions solely pertaining to the enforcement of administrative departmental rules that do not involve interactions with members of the public and are not otherwise connected to the officer's investigative, enforcement, training, supervision, or reporting responsibilities;
"(B) The officer's medical records;
"(C) Records created or maintained by an employee assistance program of the officer's treatment, including mental health treatment, substance abuse treatment service, counseling, or therapy;
"(D) Personal contact information, including home addresses, telephone numbers, and email addresses;
"(E) Any social security numbers or dates of birth;
"(F) Any records or information that, if released, would disclose the identity of whistleblowers, complainants, victims, witnesses, undercover agents, or informants; and
"(G) Any other records or information otherwise exempt from disclosure under this section other than subsection (a)(2) of this section.".
Sec. 6. The Advisory Commission on Sentencing Establishment Act of 1998, effective October 16, 1998 (D.C. Law 12-167; D.C. Official Code § 3-101 et seq.), is amended as follows:
(a) Section 3(a) (D.C. Official Code § 3-102(a)) is amended as follows:
(1) The lead-in language is amended by striking the phrase "12 voting members" and inserting the phrase "15 voting members" in its place.
(2) Paragraph (1) is amended as follows:
(A) Subparagraph (G) is amended to read as follows:
"(G) Two members of the District of Columbia Bar, one who has experience with criminal defense in the District of Columbia, and one who has experience with criminal prosecution in the District of Columbia, appointed by the Chief Judge of the Superior Court in consultation with the President of the District of Columbia Bar;".
(B) Subparagraph (H) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(C) Subparagraph (I) is amended to read as follows:
"(I) Two residents of the District of Columbia, nominated by the Mayor, subject to confirmation by the Council;".
(D) New subparagraphs (I-i) and (I-ii) are added to read as follows:
"(I-i) Two residents of the District of Columbia, appointed by the Council, one of whom is a returning citizen, and one of whom has been a victim of a crime of violence and who has a background in victim's rights or services; and
"(I-ii) The Chief of the Metropolitan Police Department or the Chief's designee.".
(3) Paragraph (2) is amended as follows:
(A) Subparagraph (B) is repealed.
(B) Subparagraph (D) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(C) Subparagraph (E) is amended by striking the period and inserting the phrase "; and" in its place.
(D) A new subparagraph (F) is added to read as follows:
"(F) The Deputy Mayor for Public Safety and Justice or the Deputy Mayor's designee.".
(b) Section 4 (D.C. Official Code § 3-103) is amended as follows:
(1) Subsection (b) is amended to read as follows:
"(b) A majority of the voting members appointed to the Commission shall constitute a quorum.".
(2) Subsection (c) is amended to read as follows:
"(c) The Commission may act by an affirmative vote of a majority of voting members present and voting after a quorum has been established.".
Sec. 7. Section 7(a)(1) of the Victims of Violent Crime Compensation Act of 1996, effective April 9, 1997 (D.C. Law 11-243; D.C. Official Code § 4-506(a)(1)), is amended as follows:
(a) Subparagraph (C) is amended as follows:
(1) Strike the word "resolution" and insert the phrase "filing or resolution" in its place
(2) Strike the phrase "; or" and insert a semicolon in its place.
(b) Subparagraph (D) is amended as follows:
(1) Strike the word "resolution" and insert the phrase "filing or resolution" in its place.
(2) Strike the phrase "; and" and insert the phrase "; or" in its place.
(c) A new subparagraph (E) is added to read as follows:
"(E) The filing or resolution of any other post-conviction motion in which the claimant was a victim or secondary victim; and".
Sec. 8. Section 3022 of the Office of Victim Services and Justice Grants Transparency Act of 2022, effective September 21, 2022 (D.C. Law 24-167; D.C. Official Code § 4-571.01), is amended by adding a new subsection (c) to read as follows:
"(c) No later than 60 days after the effective date of the Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345), and annually thereafter, OVSJG shall publish information regarding the work of the Victim Services Division, including:
"(1) The number of victims engaged each month;
"(2) The number of victims who accepted service each month;
"(3) The services recommended to the victims each month; and
"(4) A summary of collected feedback from victims and their families on their experiences with victim services and coordination efforts.".
Sec. 9. Section 201(c) of the Expanding Supports for Crime Victims Amendment Act of 2022, effective April 6, 2023 (D.C. Law 24-341, D.C. Official Code § 4-581.01(c)), is amended as follows:
(a) Paragraph (4)(C) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(b) Paragraph (5) is amended by striking the period and inserting the phrase "; and" in its place.
(c) A new paragraph (6) is added to read as follows:
"(6) Within 180 days after the applicability date of section 9 of the Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345), OVSJG shall develop and launch a public awareness campaign to raise awareness of the availability of government and community-based victim services to the public and the following entities:
"(A) Hospitals;
"(B) District of Columbia Public Schools;
"(C) District of Columbia Public Charter Schools;
"(D) College and university campuses in the District;
"(E) The District of Columbia Housing Authority;
"(F) MPD; and
"(G) Community-based organizations.".
Sec. 10. Section 386(c) of the Revised Statutes of the District of Columbia (D.C. Official Code § 5-113.01(c)), is amended by adding a new paragraph (1B) to read as follows:
"(1B) Quarterly, the case closure rates for:
"(A) Violent crimes, by offense, committed with or without the use of a weapon; and
"(B) Non-fatal shootings.".
Sec. 11. Section 3004 of the Body-Worn Camera Regulation and Reporting Requirements Act of 2015, effective October 22, 2015 (D.C. Law 21-36; D.C. Official Code § 5-116.33), is amended as follows:
(a) Subsection (e) is amended to read as follows:
"(e)(1) For any incident involving an officer-involved death or serious use of force, officers shall not review any body-worn camera recordings to assist in initial report writing.
"(2) For an incident other than those described in paragraph (1) of this subsection, officers shall indicate, when writing any initial or subsequent reports, whether the officer viewed body-worn camera footage prior to writing the report and specify what body-worn camera footage the officer viewed.".
(b) Subsection (f) is amended to read as follows:
"(f) When releasing body-worn camera recordings, the likenesses of any local, county, state, or federal government law enforcement officers acting in their professional capacities, other than those acting undercover, shall not be redacted or otherwise obscured.".
(c) Subsection (g) is amended as follows:
(1) A new paragraph (2A) is added to read as follows:
"(2A) "Serious bodily injury" means extreme physical pain, illness, or impairment of physical condition including physical injury that involves a substantial risk of death, protracted and obvious disfigurement, protracted loss or impairment of the function of a bodily member or organ, or protracted loss of consciousness.".
(2) Paragraph (3) is amended as follows:
(A) Subparagraph (A) is amended to read as follows:
"(A) Firearm discharges by a Metropolitan Police Department officer, with the exception of a negligent discharge that does not otherwise put members of the public at risk of injury or death, or a range or training incident;".
(B) Subparagraph (C)(ii) is amended by striking the phrase "a loss of consciousness," and inserting the phrase "a protracted loss of consciousness," in its place.
Sec. 12. Section 3(5) of the Limitation on the Use of Chokehold Act of 1985, effective January 25, 1986 (D.C. Law 6-77; D.C. Official Code § 5-125.02(5)), is amended to read as follows:
"(5) "Neck restraint" means the use of any body part or object by a law enforcement officer to apply pressure against a person's neck, including the trachea, carotid artery, or jugular vein, with the purpose, intent, or effect of controlling or restricting the person's airway, blood flow, or breathing, except in cases where the law enforcement officer is acting in good faith to provide medical care or treatment, such as by providing cardiopulmonary resuscitation.".
Sec. 13. Title I of the Comprehensive Policing and Justice Amendment Act of 2022, effective April 21, 2023 (D.C. Law 24-345; D.C. Official Code passim), is amended as follows:
(a) Section 106 (D.C. Official Code § 5-353.01) is amended as follows:
(1) Subsection (b)(3) is amended by striking the phrase "and no current or prior affiliation with" and inserting the phrase "and no current affiliation with" in its place.
(2) A new subsection (c) is added to read as follows:
"(c) Notwithstanding any other provision of law, the Metropolitan Police Department shall publish the findings of fact and merits determination for all Use of Force Review Board investigations on its website.".
(b) The lead-in language of section 127(a)(11) (D.C. Official Code § 5-365.01(a)(11)) is amended by striking the phrase "a bodily injury or significant bodily injury that involves" and inserting the phrase "extreme physical pain, illness, or impairment of physical condition, including physical injury that involves" in its place.
(c) Section 128 (D.C. Official Code § 5-365.02) is amended as follows:
(1) Subsection (a) is amended as follows:
(A) Paragraph (1)(B) is amended by striking the phrase "immediate threat" and inserting the phrase "imminent threat" in its place.
(B) Paragraph (2) is amended as follows:
(i) Subparagraph (A) is amended by striking the phrase "fleeing suspect," and inserting the phrase "fleeing suspect or suspects," in its place.
(ii) Subparagraph (B) is amended to read as follows:
"(B) Under the totality of circumstances, not likely to cause death or serious bodily injury to any person, other than to the fleeing suspect or suspects; and".
(2) Subsection (c) is amended by adding a new paragraph (3) to read as follows:
"(3) Nothing in this subsection shall be construed to permit any of the above practices or tactics, to the extent they are prohibited by District law or by a law enforcement agency.".
Sec. 14. The Office of Citizen Complaint Review Establishment Act of 1998, effective March 26, 1999 (D.C. Law 12-208; D.C. Official Code § 5-1101 et seq.), is amended as follows:
(a) Section 5(d-2) (D.C. Official Code § 5-1104(d-2)) is amended by adding a new paragraph (3) to read as follows:
"(3) The Executive Director shall keep confidential the identity of any person named in any documents transferred from the MPD to the Office pursuant to paragraphs (1) and (2) of this subsection.".
(b) Section 17(a)(1) (D.C. Official Code § 5-1116(a)(1)) is amended by striking the phrase "rank, length of service, and current duty status" and inserting the phrase "rank, race, gender, current duty status, and length of service," in its place.
Sec. 15. The Firearms Control Regulations Act of 1975, effective September 24, 1976 (D.C. Law 1-85; D.C. Official Code § 7-2501.01 et seq.), is amended as follows:
(a) A new section 213a is added to read as follows:
"Sec. 213a. Sale of self-defense sprays.
"Notwithstanding any other provision of
(b) Section 601 (D.C. Official Code § 7-2506.01) is amended as follows:
(1) Subsection (b) is amended to read as follows:
"(b) No person in the District shall knowingly possess, sell, or transfer any ammunition feeding device that is, in fact, a large capacity ammunition feeding device regardless of whether the device is attached to a firearm.".
(2) A new subsection (c) is added to read as follows:
"(c) For the purposes of this section, the term "large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition. The term "large capacity ammunition feeding device" shall not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.".
(c) Section 706 (D.C. Official Code § 7-2507.06) is amended as follows:
(1) Subsection (a) is amended as follows:
(A) Paragraph (3)(B) is repealed.
(B) Paragraph (4) is amended by striking the phrase "3 years, or both." and inserting the phrase "3 years, which shall be imposed consecutive to any other sentence of incarceration, or both." in its place.
(C) A new paragraph (5) is added to read as follows:
"(5) A person convicted of possessing a firearm with an intent to sell, offer for sale, or make available for sale, in violation of
(2) Subsection (b) is amended by adding a new paragraph (1A) to read as follows:
"(1A) The administrative disposition provided for in this subsection shall not be available to any person who has previously been convicted of any felony in the District or elsewhere.".
(d) Section 906(e) (D.C. Official Code § 7-2509.06(e)) is amended as follows:
(1) Strike the phrase "a licensee" and insert the phrase "a person" in its place.
(2) Strike the phrase "a licensee's" and insert the phrase "a person's" in its place.
(e) Section 1001(a)(2) (D.C. Official Code § 7-2510.01(a)(2)) is amended as follows:
(1) Subparagraph (A) is amended by striking the phrase "cohabitating, or maintaining a romantic, dating, or sexual relationship" and inserting the phrase "cohabitating, or is someone with whom the Respondent is, was, or is seeking to be in a romantic, dating, or sexual relationship" in its place.
(2) Subparagraph (B) is amended to read as follows:
"(B) Any sworn member of a law enforcement agency operating in the District of Columbia; or".
(f) Section 1003(b)(1) (D.C. Official Code § 7-2510.03(b)(1)) is amended by striking the phrase "respondent by a Metropolitan Police Department officer not fewer than 7 days before the hearing" and inserting the phrase "respondent prior to the hearing" in its place.
(g) Section 1004(h) (D.C. Official Code § 7-2510.04(h)) is amended by striking the phrase "good cause shown" and inserting the phrase "good cause shown, or for longer periods if all parties consent" in its place.
(h) Section 1005(a)(1) (D.C. Official Code § 7-2510.05(a)(1)) is amended by striking the phrase "by a sworn member of the Metropolitan Police Department" and inserting the phrase "by any sworn law enforcement officer, or in open court. Upon a finding of good cause, a judge may authorize personal service by a person over the age of 18 who is not a sworn law enforcement officer" in its place.
(i) Section 1006 (D.C. Official Code § 7-2510.06) is amended as follows:
(1) Subsection (a) is amended by striking the phrase "the court shall notify the petitioner of the date" and inserting the phrase "the court shall send notice to the petitioner in writing of the date" in its place.
(2) Subsection (c) is amended by striking the phrase "the respondent by a Metropolitan Police Department officer not fewer than 21 days before the hearing" and inserting the phrase "the respondent prior to the hearing by a person authorized to serve via personal service" in its place.
(j) Section 1013 (D.C. Official Code § 7-2510.13) is amended as follows:
(1) Subsection (a)(2)(D) is amended to read as follows:
"(D) "The Johns Hopkins Center for Gun Violence Solutions;".
(2) Subsection (c) is amended by striking the phrase "Working Group" and inserting the phrase "Working Group, and shall convene the Working Group no later than April 1, 2024" in its place.
(3) Subsection (e) is amended by striking the phrase "January 1, 2023" and inserting the phrase "April 1, 2025" in its place.
(k) New sections 1014, 1015, and 1016 are added to read as follows:
"Sec. 1014. Public awareness initiatives.
" By September 1, 2023:
"(1) The Metropolitan Police Department shall prominently display information about extreme risk protection orders, including the petition process, on its website; and
"(2) The Office of the Attorney General shall develop and implement a public awareness campaign to inform residents, professionals, and District government employees about extreme risk protection orders, including the petition process.
"Sec. 1015. Implementation of strategic gun violence reduction strategies.
"(a)(1) The Metropolitan Police Department ("MPD") shall facilitate a Law Enforcement Shooting Review no less than twice per month to review each shooting in the District that occurred since the last Law Enforcement Shooting Review, including non-fatal shootings.
"(2) The purpose of the Law Enforcement Shooting Reviews shall be to identify the potential for retaliation and law enforcement or other government agency contacts or interventions with persons involved in the reviewed shootings that may help to prevent retaliatory criminal conduct, and then assign responsibilities for immediate contacts or interventions.
"(3) The purpose of the Law Enforcement Shooting Review shall not be to discuss information outside the investigative file. To the extent that there is any information discussed during the Law Enforcement Shooting Review that is not already included in the investigative file, MPD shall document that information in the investigative file.
"(b) The Deputy Mayor for Public Safety and Justice shall coordinate a Coordination Meeting/Intervention Services Shooting Review no less than twice per month to review each shooting in the District that occurred since the last Coordination Meeting/Intervention Services Shooting Review from a services and response perspective, in order to identify and assign government and community partners to outreach and engage those high-risk individuals implicated by the shootings.
"Sec. 1016. Firearm tracing data and accountability report.
" By February 1 of each year, the Mayor shall submit to the Council and post on the Mayor's website a report that includes the following information, using data from the preceding calendar year:
"(1) The total number of firearms recovered in the District;
"(2) The location where each firearm was recovered, disaggregated by police district;
"(3) The total number of ghost guns recovered in the District.;
"(4) To the extent possible, the number of firearms recovered, disaggregated by, if available, manufacturer, firearm model, state or country of origin, and the last known point of sale, transfer, theft, or loss of such firearm; and
"(5) To the extent possible, an analysis of purchase patterns with the available information from the firearms recovered.".
Sec. 16. Section 214 of the Neighborhood Engagement Achieves Results Amendment Act of 2016, effective June 30, 2016 (D.C. Law 21-125; D.C. Official Code § 7-2831), is amended as follows:
(a) Subsection (a) is amended to read as follows:
"(a)(1) There is established a Private Security Camera System Incentive Program ("Program"), to be administered by the Mayor, to encourage the purchase and installation of the following:
"(A) A security camera system on the exterior of a building owned or leased by an individual, business, nonprofit, religious institution, or an entity as that term is defined in
"(B) A security camera system on the interior of a building owned or leased by a business that has less than $2.5 million federal gross receipts or sales; and
"(C) Glass break sensors installed on the interior of a building owned or leased by a business that has less than $2.5 million federal gross receipts or sales.
"(2) A security camera system purchased and installed pursuant to paragraph (1)(A) or (B) of this subsection shall be registered with the Metropolitan Police Department.".
(b) Subsection (b) is amended as follows:
(1) Paragraph (1) is amended to read as follows:
"(1) Purchase and install:
"(A) After September 22, 2015, a security camera system on the exterior of the building;
"(B) After the applicability date of section 17 of the Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345), a security camera system installed on the interior of a building owned or leased by a business that has less than $2.5 million federal gross receipts or sales; or
"(C) After the applicability date of section 17 of the Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345), glass break sensors installed on the interior of the building owned or leased by a business that has less than $2.5 million federal gross receipts or sales;".
(2) Paragraph (2) is amended to read as follows:
"(2) For security camera systems installed on the exterior or interior of a building, register the security camera system with the Metropolitan Police Department;".
(c) Subsection (c) is amended as follows:
(1) Paragraph (1) is amended to read as follows:
"(1) Upon approval of a rebate claim submitted pursuant to subsection (b) of this section, the Program shall provide a rebate; provided, that the amount of the rebate shall not be more than the purchase price of the security camera system or glass break sensors.".
(2) Paragraph (3) is repealed.
(d) Subsection (d)(1) is amended by striking the phrase "under the District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101; D.C. Official Code § 4-201.01 et seq.)" and inserting the phrase "under the District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101; D.C. Official Code § 4-201.01 et seq.), or receipt of benefits under the Supplemental Nutrition Assistance Program" in its place.
(e) Subsection (e)(1)(C) is repealed.
(f) Subsection (f) is amended as follows:
(1) Paragraph (1) is amended by striking the phrase "system verification" and inserting the phrase "verification of the security camera system or glass break sensors" in its place.
(2) Paragraph (2) is amended by striking the phrase "a system" and inserting the phrase "a security camera system" in its place.
(3) Paragraph (3) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(4) Paragraph (4) is amended by striking the period and inserting the phrase "; and" in its place.
(5) A new paragraph (5) is added to read as follows:
"(5) The maximum amount of rebate that is available under this section.".
(g) Subsection (h) is amended as follows:
(1) Paragraph (2) is amended by striking the phrase "private security cameras" and inserting the phrase "private security cameras and glass break sensors" in its place.
(2) Paragraph (4) is amended by striking the phrase "subsection (c)(1)(A) or (B)" and inserting the phrase "subsection (c)(1)(A), (B), or (C)" in its place.
(h) Subsection (i) is amended to read as follows:
"(i) For the purposes of this section, the term "security camera system" means one or more indoor or outdoor surveillance cameras with functioning digital video recording capability.".
(i) A new subsection (j) is added to read as follows:
"(j) The Office of Victim Services and Justice Grants shall include performance measures and targets for the private security camera program in its annual performance plans, as well as data on actual performance in its annual performance plans.".
Sec. 17. Section 14-307(d)(2) of District of Columbia Official Code is amended by striking the phrase "confidential information" and inserting the phrase "confidential information of a victim" in its place.
Sec. 18. Title 16 of the District of Columbia Official Code is amended as follows:
(a) Section 16-705(b)(1)(C)(ii) is amended by striking the phrase "; and" and inserting the phrase "if the law enforcement officer was in uniform or acting in an official capacity at the time of the offense; and" in its place.
(b) Section 16-1053(a) is amended as follows:
(1) Paragraph (9) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(2) Paragraph (10) is amended by striking the period and inserting the phrase "; and" in its place.
(3) A new paragraph (11) is added to read as follows:
"(11) The Office of Unified Communications.".
(c)(1) Section 16-2310(a-1)(1)(A) is amended to read as follows:
"(A) Committed:
"(i) A dangerous crime or a crime of violence while armed with or having readily available a knife, pistol, firearm, or imitation firearm; or
"(ii) Unarmed murder, first-degree sexual abuse, carjacking, or assault with intent to commit any such offense; or".
(2) Paragraph (1) of this subsection shall expire 225 days after the effective date of the Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345).
(d) Section 16-2316(e) is amended as follows:
(1) Paragraph (3) is amended by striking the phrase "District of Columbia" and inserting the phrase "District of Columbia, after providing the Attorney General and respondent's counsel in a delinquency or PINS matter or the Attorney General and the guardian ad litem in a neglect matter with notice and the opportunity to be heard regarding the admission of non-necessary persons," in its place.
(2) Paragraph (4) is amended by striking the phrase "attend transfer, factfinding, disposition, and post-disposition hearings, subject" and inserting the phrase "attend any transfer, plea, factfinding, disposition, or post-disposition hearing, subject" in its place.
(3) Paragraph (5) is amended by striking the phrase "transfer, factfinding," and inserting the phrase "transfer, plea, factfinding," in its place.
(e) Section 16-2331 is amended as follows:
(1) Subsection (c) is amended as follows:
(A) Paragraph (2) is amended as follows:
(i) Subparagraph (D) is amended as follows:
(I) Sub-subparagraph (vi) is amended by striking the phrase "; or" and inserting a semicolon in its place.
(II) New sub-subparagraphs (viii) and (ix) are added to read as follows:
"(viii) The respondent being in abscondence for more than 24 hours; or
"(ix) The respondent having escaped from a facility;".
(ii) Subparagraph (E) is amended as follows:
(I) Sub-subparagraph (vi) is amended by striking the phrase "; or" and inserting a semicolon in its place.
(II) New sub-subparagraphs (viii) and (ix) are added to read as follows:
"(viii) The respondent being in abscondence for more than 24 hours; or
"(ix) The respondent having escaped from a facility; and".
(B) Paragraph (4)(B) is amended by striking the phrase "Schools, and the" and inserting the phrase "Schools, public charter schools, parochial schools, and private schools, and the" in its place.
(2) A new subsection (c-1) is added to read as follows:
"(c-1) Notwithstanding any provision of this section, when the court orders that a child stay away from a victim or witness or their property as a condition of the child's release, the court shall provide a written notice of such release condition to the Attorney General who may provide the written notice to a victim or a witness. Such notice issued by the court shall not include any identifying information for the child except the child's name, nor shall it include any other release conditions unrelated to the victim, witness, or their property.".
(3) New subsections (h-1) and (h-2) are added to read as follows:
"(h-1)(1) Notwithstanding subsection (b) of this section, if a child has a custody order for abscondence from a Department of Youth Rehabilitation Services ("DYRS") placement or court-ordered placement in a delinquency or PINS matter, the Family Court, in the best interest of a child, the interest of public safety, or the interest of the safety of any person who may search for the child, may, after a hearing at which the child's counsel is present, order the Metropolitan Police Department ("MPD") to:
"(A) Take a missing person's report for a child; and
"(B) Submit a missing person's report to the National Center for Missing and Exploited Children ("NCMEC").
"(2) Evidence of the following factors shall be considered in making the determination described in paragraph (1) of this subsection:
"(A) The child's age;
"(B) The nature of any present delinquency offense or in need of supervision offense and the extent and nature of the child's prior record:
"(C) Whether the child has been sexually exploited or is at risk of sexual exploitation;
"(D) Whether there have been reports of abuse and neglect involving the child;
"(E) Whether there is an open neglect case or other Child and Family Services Agency involvement;
"(F) The child's mental condition, including any disabilities; and
"(G) The child's history of abscondences from DYRS or court-ordered placements and the child's history of running away from home.
"(3) If the Family Court orders MPD to take a missing person's report, pursuant to this section, any person with knowledge of the custody order may make a missing person's report to NCMEC; provided, that any person making such a report shall not disclose that there is a custody order in effect.
"(4) For the purposes of this section, the term "child" means a person who has not attained the age of 18 years.
"(h-2) Notwithstanding the provisions of this section, the Attorney General or respondent's attorney, at their discretion, may release juvenile case record information to members of the press who are authorized to attend a court hearing pursuant to § 16-2316(e); provided, that the information is consistent with, and does not exceed the scope of, the information that the court authorized the press to report when granting the press permission to attend the hearing.".
(f) Section 16-2332(c) is amended as follows:
(1) Paragraph (3) is amended to read as follows:
"(3) Other court case participants and law enforcement:
"Law enforcement officers of the United States, the District of Columbia, and other jurisdictions, except that such records shall be limited to photographs of the child, a physical description of the child, any addresses where the child may be found, and the phone number or other contact information of the child or the child's parents, guardians, or custodians. The confidentiality of any information disclosed to law enforcement officers pursuant to this subsection shall be maintained pursuant to § 16-2333;".
(2) The lead-in language to paragraph (4)(D) is amended by striking the phrase "Schools, and the" and inserting the phrase "Schools, public charter schools, parochial schools, and private schools, and the" in its place.
(g) Section 16-2333 is amended as follows:
(1) Subsection (b)(4)(C) is amended by striking the phrase ", and the District of Columbia Public Schools" and inserting the phrase ", the District of Columbia Public Schools, public charter schools, parochial schools, and private schools" in its place.
(2) Subsection (f) is amended by striking the phrase "date of the crime." and inserting the phrase "month in which the crime occurred." in its place.
(h) A new section 16-2333.03 is added to read as follows:
"Sec. 16-2333.03. Information sharing by agencies.
"(a) Notwithstanding the confidentiality provisions in §§ 2-1515.06, 4-1303.06, 16-2331, 16-2332, and 16-2333, it shall not be an offense for an agency to publicly share data derived from juvenile case records, juvenile social records, police and other law enforcement records, confidential Department of Youth Rehabilitation Services records, or confidential Child and Family Services Agency records; provided, that:
"(1) The data shared does not include any information that, by itself or in combination with other publicly available information, could identify a particular person, including a person's name, Social Security number or other identifying number or code, address, phone number, email address, or birth date; and
"(2) Record-level data is not shared, the data shared is aggregated, and any counts or data points with fewer than 10 observations are suppressed.
"(b) For the purposes of this section, the term "agency" means the Superior Court of the District of Columbia, the Office of the Attorney General for the District of Columbia, the Metropolitan Police Department, the Department of Youth Rehabilitation Services, the Child and Family Services Agency, the Office of the Ombudsman for Children, the District of Columbia Auditor, and the District of Columbia Inspector General.".
(i) Section 16-2340(a)(2) is amended by striking the phrase "juvenile factfinding" and inserting the phrase "juvenile plea hearings, factfinding" in its place.
Sec. 19. An Act To establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1189; D.C. Official Code passim), is amended as follows:
(a) Section 806(a) (D.C. Official Code § 22-404(a)) is amended as follows:
(1) Paragraph (2) is amended by striking the phrase "or both. For the purposes of this paragraph, the term "significant bodily injury" means an injury that requires hospitalization or immediate medical attention." and inserting the phrase "or both." in its place.
(2) A new paragraph (3) is added to read as follows:
"(3) For the purposes of this section, the term "significant bodily injury" means:
"(A) An injury that, to prevent long-term physical damage or to abate severe pain, requires hospitalization or medical treatment beyond what a layperson can personally administer;
"(B) A fracture of a bone;
"(C) A laceration for which the victim required stitches, sutures, staples, or closed-skin adhesives, or a laceration that is at least one inch in length and at least one quarter of an inch in depth;
"(D) A burn of at least second degree severity;
"(E) Any loss of consciousness;
"(F) A traumatic brain injury; or
"(G) An injury where medical testing, beyond what a layperson can personally administer, was performed to ascertain whether there was an injury described in subparagraphs (A)-(F) of this paragraph.".
(b) Section 806a (D.C. Official Code § 22-404.01) is amended by adding a new subsection (d) to read as follows:
"(d) For the purposes of this section, the term "serious bodily injury" means an injury or significant bodily injury, as that term is defined in
"(1) A substantial risk of death;
"(2) Protracted and obvious disfigurement;
"(3) Protracted loss or impairment of the function of a bodily member, organ, or mental faculty;
"(4) Extended loss of consciousness;
"(5) A burn of at least third degree severity; or
"(6) A gunshot wound.".
(c) A new section 806d is added to read as follows:
"Sec. 806d. Strangulation.
"(a) A person commits the offense of strangulation if that person knowingly, intentionally, or recklessly restricts the normal circulation of the blood or breathing of another person, either by applying pressure on the throat, neck, or chest of another person, or by blocking the nose or mouth of another person.
"(b) Except for as provided in subsection (c) of this section, a person convicted of strangulation shall be fined no more than the amount set forth in
"(c) A person convicted of strangulation may be fined up to 1½ times the maximum fine otherwise authorized under this section and may be incarcerated for a term of up to 1½ times the maximum term of incarceration otherwise authorized under this section, or both, if:
"(1) The victim sustained serious bodily injury, as that term is defined in
"(2) The person was, at the time of the offense, required to stay away from or have no contact with the victim as a condition of their parole or supervised release or pursuant to a court order; or
"(3) The person was, within 5 years of commission of the strangulation offense, convicted of either an intrafamily offense, as that term is defined in
"(d)(1) A conviction for strangulation merges with any other offense under
"(2) For a person found guilty of 2 or more offenses that merge under this section the sentencing court shall either:
"(A) Vacate all but one of the offenses prior to sentencing according to the rule of priority in paragraph (3) of this subsection; or
"(B) Enter judgment and sentence the actor for offenses that merge; provided, that:
"(i) Sentences for the offenses run concurrent to one another; and
"(ii) The convictions for all but, at most, one of the offenses shall be vacated after:
"(I) The time for appeal has expired; or
"(II) The judgment that was appealed has been decided.
"(3) When convictions are vacated under paragraph (2)(A) of this subsection, the conviction that remains shall be the conviction for:
"(A) The offense with the highest authorized maximum period of incarceration; or
"(B) If 2 or more offenses have the same highest authorized maximum period of incarceration, any offense that the sentencing court deems appropriate.".
(d) Section 811a(a)(1) (D.C. Official Code § 22-2803(a)(1)) is amended to read as follows:
"(1) A person commits the offense of carjacking if, by any means, that person knowingly by force or violence, whether against resistance or by sudden or stealthy seizure or snatching, or by putting in fear, or attempts to do so, shall take a motor vehicle from a person's immediate actual possession, or that person knowingly by force or violence, or by putting in fear, shall take a key to a motor vehicle from the immediate actual possession of another person, while that motor vehicle is within the line of sight of the person or the victim and close enough to the vehicle that the person taking the key to the motor vehicle can take immediate possession of it, with the purpose and effect of immediately taking the motor vehicle of another.".
Sec. 20. Section 432 of the Revised Statutes of the District of Columbia (D.C. Official Code § 22-405), is amended as follows:
(a) Subsection (a) is amended by striking the phrase "any fire department operating in the District of Columbia," and inserting the phrase "any fire department operating in the District of Columbia, any emergency medical technician, paramedic, intermediate paramedic, or other member of any emergency medical services department operating in the District of Columbia," in its place.
(b) Subsection (c) is amended as follows:
(1) The existing text is designated as paragraph (1).
(2) A new paragraph (2) is added to read as follows:
"(2) For the purposes of this subsection, the term "significant bodily injury" shall have the same meaning as provided in
Sec. 21. The Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; D.C. Official Code § 22-3001 et seq.), is amended as follows:
(a) Section 101 (D.C. Official Code § 22-3001) is amended as follows:
(1) Paragraph (7) is amended to read as follows:
"(7) "Serious bodily injury" shall have the same meaning as provided in
(2) Paragraph (10) is amended as follows:
(A) Subparagraph (C) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(B) Subparagraph (D) is amended to read as follows:
"(D) Any employee, contractor, consultant, or volunteer of a school, religious institution, or an educational, social, recreational, athletic, musical, charitable, or youth facility, organization, or program, including a teacher, coach, counselor, clergy, youth leader, chorus director, bus driver, administrator, or support staff, or any other person in a position of trust with or authority over a child or a minor.".
(b) Section 205 (D.C. Official Code § 22-3006) is amended as follows:
(1) The existing text is designated as subsection (a).
(2) A new subsection (b) is added to read as follows:
"(b)(1) A person convicted of misdemeanor sexual abuse who has 3 or more prior convictions for misdemeanor sexual abuse shall be fined no more than the amount set forth in
"(2) In addition to a violation of this section, a person shall be considered to have prior convictions for misdemeanor sexual abuse if that person has been previously convicted of a violation of a crime under the laws of any other jurisdiction that involved conduct that would, if committed in the District of Columbia, constitute a violation of this section, or conduct that is substantially similar to conduct prosecuted under this section.".
(c) Section 209a (D.C. Official Code § 22-3010.01) is amended by adding a new subsection (a-1) to read as follows:
"(a-1)(1) A person convicted of misdemeanor sexual abuse of a child or minor who has 3 or more prior convictions for misdemeanor sexual abuse of a child or minor shall be fined no more than the amount set forth in
"(2) In addition to a violation of this section, a person shall be considered as having prior convictions for misdemeanor sexual abuse of a child or minor if that person has been previously convicted of a violation of a crime under the laws of any other jurisdiction that involved conduct that would, if committed in the District of Columbia, constitute a violation of this section, or conduct that is substantially similar to conduct prosecuted under this section.".
(d) Section 219(a)(1) (D.C. Official Code § 22-3020(a)(1)) is amended by striking the phrase "12 years" and inserting the phrase "13 years" in its place.
Sec. 22. The Criminalization of Non-Consensual Pornography Act of 2014, effective May 7, 2015 (D.C. Law 20-275; D.C. Official Code § 22-3051 et seq.), is amended as follows:
(a) Section 3(a)(2) (D.C. Official Code § 22-3052(a)(2)) is amended to read as follows:
"(2) The person disclosing the sexual image knew or consciously disregarded a substantial and unjustifiable risk that the person depicted did not consent to the disclosure; and".
(b) Section 4(a) (D.C. Official Code § 22-3053(a)) is amended as follows:
(1) The lead-in language is amended by striking the phrase "identifiable person when" and inserting the phrase "identifiable person, whether obtained directly from the person or from a third party or other source, when" in its place.
(2) Paragraph (1) is amended by striking the phrase "disclosure or publication of" and inserting the phrase "publication of" in its place.
(3) Paragraph (2) is amended to read as follows:
"(2) The person publishing the sexual image knew or consciously disregarded a substantial and unjustifiable risk that the person depicted did not consent to the publication; and".
(c) Section 5(a) (D.C. Official Code § 22-3054(a)) is amended as follows:
(1) Paragraph (1) is amended by striking the phrase "disclosure or publication of" and inserting the phrase "publication of" in its place.
(2) Paragraph (2) is amended to read as follows:
"(2) The person publishing the sexual image knew or consciously disregarded a substantial and unjustifiable risk that the sexual image was obtained as a result of a previous disclosure or publication of the sexual image made with intent to harm the person depicted or to receive financial gain.".
Sec. 23. The District of Columbia Theft and White Collar Crimes Act of 1982, effective December 1, 1982 (D.C. Law 4-164; D.C. Official Code § 22-3201 et seq.), is amended as follows:
(a) A new section 111a is added to read as follows:
"Sec. 111a. Directing organized retail theft.
"(a) For the purpose of this section, the term "organized retail theft" means acting in concert with one or more other persons to commit theft, as described in
"(1) Sell, barter, or trade the merchandise for monetary or other gain; or
"(2) Fraudulently return the merchandise to a retail merchant.
"(b) A person commits the offense of directing organized retail theft if any person acts as an organizer by recruiting, directing, or coercing individuals to commit organized retail theft.
"(c) A person who violates this section shall be guilty of a felony and, upon conviction, shall be fined no more than the amount set forth in
"(d)(1) A conviction for directing organized retail theft merges with any other conviction for being an accomplice to theft under
"(2) For a person found guilty of 2 or more offenses that merge under this subsection, the sentencing court shall either:
"(A) Vacate all but one of the offenses prior to sentencing according to the rule of priority in paragraph (3) of this subsection; or
"(B) Enter judgment and sentence the actor for offenses that merge; provided, that:
"(i) Sentences for the offenses run concurrent to one another; and
"(ii) The convictions for all but, at most, one of the offenses shall be vacated after:
"(I) The time for appeal has expired; or
"(II) The judgment that was appealed has been decided.
"(3) When convictions are vacated under paragraph (2)(A) of this subsection, the conviction that remains shall be the conviction for:
"(A) The offense with the highest authorized maximum period of incarceration; or
"(B) If 2 or more offenses have the same highest authorized maximum period of incarceration, any offense that the sentencing court deems appropriate.".
(b) Section 112(a) (D.C. Official Code § 22-3212(a)) is amended to read as follows:
"(a)(1) Theft in the first degree. – Any person convicted of theft in the first degree shall be fined no more than the amount set forth in
"(A) The value of the property obtained or used is $1000 or more; or
"(B)(i) The person commits theft twice or more within a period of 6 months and the aggregate value of property obtained is $1000 or more.
"(ii) When a person commits theft twice or more within a period of 6 months pursuant to sub-subparagraph (i) of this subparagraph, the thefts may be aggregated and charged in a single count, in which event they shall constitute a single offense.
"(2) A conviction for first degree theft under paragraph (1)(C) of this subsection merges with any other conviction for robbery under
"(3) For a person found guilty of 2 or more offenses that merge under this subsection, the sentencing court shall either:
"(A) Vacate all but one of the offenses prior to sentencing according to the rule of priority in paragraph (4) of this subsection; or
"(B) Enter judgment and sentence the actor for offenses that merge; provided, that:
"(i) Sentences for the offenses run concurrent to one another; and
"(ii) The convictions for all but, at most, one of the offenses shall be vacated after:
"(I) The time for appeal has expired; or
"(II) The judgment that was appealed has been decided.
"(4) When convictions are vacated under paragraph (3)(A) of this subsection, the conviction that remains shall be the conviction for:
"(A) The offense with the highest authorized maximum period of incarceration; or
"(B) If 2 or more offenses have the same highest authorized maximum period of incarceration, any offense that the sentencing court deems appropriate.".
(c) Section 201(b) (D.C. Official Code § 22-3601(b)) is amended to read as follows:
"(b) The provisions of subsection (a) of this section shall apply to the following offenses: any crime of violence, as that term is defined in
(d) New sections 203 and 204 are added to read as follows:
"Sec. 203. Enhanced penalty for committing a crime of violence against a person at a Department of Parks and Recreation property.
"(a) Any person who commits a crime of violence, as that term is defined in
"(b) For the purposes of this section, the term "property" means any park, field, court, play area, facility, or building, and the associated parking lot.
"Sec. 204. Enhanced penalties for committing a crime of violence against vulnerable adults.
"(a) Any person who commits a crime of violence, as that term is defined in
"(b) It is an affirmative defense that the accused knew or reasonably believed that the victim was not a vulnerable adult at the time of the offense, or could not have known or determined that the victim was a vulnerable adult because of the manner in which the offense was committed. This defense shall be established by a preponderance of the evidence.
"(c) For the purposes of this section, the term "vulnerable adult" means a person who is 18 years of age or older and has one or more physical or mental limitations that substantially impairs the person's ability to independently provide for their daily needs or safeguard their person, property, or legal interests.".
Sec. 24. The Anti-Intimidation and Defacing of Public or Private Property Criminal Penalty Act of 1982, effective March 10, 1983 (D.C. Law 4-203; D.C. Official Code § 22-3312 et seq.), is amended as follows:
(a) Section 4 (D.C. Official Code § 22-3312.03) is revived as of the effective date of the Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345), and amended to read as follows:
"Sec. 4. Wearing masks.
" It shall be unlawful for any person over 16 years of age, while wearing any mask or other article whereby a substantial portion of the face is hidden, concealed, or covered as to conceal the identity of the wearer if the intent of the person is to avoid identification while engaging in:
"(1) A dangerous crime, as that term is defined in
"(2) A crime of violence, as that term is defined in
"(3) Theft, as that term is defined in
"(4) Threats to do bodily harm, as that term is defined by
(b) Section 5(b) (D.C. Official Code § 22-3312.04(b)) is amended by striking the phrase "shall be" and inserting the phrase "or section 4 shall be" in its place.
Sec. 25. The Taxicab Drivers Protection Act of 2000, effective June 9, 2001 (D.C. Law 13-307; D.C. Official Code § 22-3751 et seq.), is amended as follows:
(a) Section 2 (D.C. Official Code § 22-3751) is amended to read as follows:
"Sec. 2. Enhanced penalties for committing a crime of violence against transportation providers.
"(a) Any person who commits a crime of violence, as that term is defined in
"(b) For the purposes of this section, the term "transportation provider" means a person who operates within the District of Columbia a private vehicle-for-hire or a public vehicle-for-hire, as those terms are defined in
(b) Section 2a (D.C. Official Code § 22-3751.01) is amended as follows:
(1) The section heading is amended to read as follows:
"Sec. 2a. Enhanced penalties for committing a crime of violence against transit operators, Metrorail station managers, employees, and passengers.
(2) Subsection (a) is amended to read as follows:
"(a) Any person who commits a crime of violence, as that term is defined in
(3) A new subsection (a-1) is added to read as follows:
"(a-1) Any person who commits a crime of violence, as that term is defined in
(4) Subsection (b) is amended as follows:
(A) A new paragraph (1A) is added to read as follows:
"(1A) "Metrorail station employee" means any Washington Metropolitan Area Transit Authority employee who operates a bus or train or works in a Metrorail station.".
(B) A new paragraph (2A) is added to read as follows:
"(2A) "Passenger" means a person who is traveling on a mass transit vehicle or waiting at a marked mass transit vehicle boarding location, such as a bus stop or Metrorail station.".
(c) Section 3 (D.C. Official Code § 22-3752) is repealed.
Sec. 26. Section 2(6)(B) of the Sex Offender Registration Act of 1999, effective July 11, 2000 (D.C. Law 13-137; D.C. Official Code § 22-4001(6)(B)), is amended by striking the phrase "12 years" wherever it appears and inserting the phrase "13 years" in its place.
Sec. 27. The DNA Sample Collection Act of 2001, effective November 3, 2001 (D.C. Law 14-52; D.C. Official Code § 22-4151), is amended by adding new sections 2a and 2b to read as follows:
"Sec. 2a. Collection and use of DNA identification information from defendants.
"(a)(1) The Mayor may collect a DNA sample from each individual who has been charged by information, complaint, or indictment for:
"(A) A crime of violence, as that term is defined in
"(B) A dangerous crime, as that term is defined in
"(C) The offenses listed in
"(D) Attempt or conspiracy to commit any of the offenses listed in subparagraphs (A) through (C) of this paragraph.
"(2) If an individual appears in court having been charged by information, complaint, or indictment with an offense set forth in subsection (a)(1) of this section without previously having a DNA sample collected, the court may direct the collection of a DNA sample from that individual.
"(3) DNA sample collection under this section may be limited to individuals who are fingerprinted.
"(4) The Mayor, the Metropolitan Police Department, or the court, as applicable, may authorize, or enter into agreements with, other local, state, or federal governmental agencies or private entities to collect DNA samples under this section.
"(5) An agency or entity may, but need not, collect a DNA sample from an individual if:
"(A) Another agency or entity has collected, or will collect, a DNA sample from that individual and has provided, or will provide, the sample for analysis and inclusion of the results in CODIS as provided in subsection (b) of this section; or
"(B) CODIS already contains a DNA analysis with respect to that individual.
"(6) DNA sample collection may be repeated if the agency or entity responsible for collection is informed that a sample collected from the individual does not satisfy the requirements for analysis or for entry of the results of the analysis into CODIS.
"(b) The Mayor or other authorized agency or entity (as applicable) shall furnish an individual's DNA sample collected under this section to the Federal Bureau of Investigation Laboratory, or to another laboratory approved by the FBI, for the purpose of carrying out a DNA analysis on the DNA sample and including the results in CODIS. The requirement to furnish the DNA sample to the FBI Laboratory or to another laboratory approved by the FBI may be waived, with the permission of the FBI, if DNA samples are analyzed by means of Rapid DNA instruments and the results are included in CODIS. DNA samples may not be collected, analyzed, or included in CODIS under this section before a judicial officer has made an initial probable cause finding that the individual committed an offense set forth in subsection (a)(1) of this section.
"(c) Any DNA samples collected and records of DNA analyses generated under this section shall be destroyed and expunged automatically from CODIS if:
"(1) A criminal action begun against the individual does not result in a conviction of the individual for an offense set forth in subsection (a)(1) of this section;
"(2) The conviction for an offense set forth in subsection (a)(1) of this section is reversed or vacated and no new trial is permitted; or
"(3) The individual is granted an unconditional pardon.
"(d) The authorization of DNA sample collection by this section shall not limit DNA sample collection by any agency pursuant to any other authority.
"(e) For the purposes of this section, the terms "DNA sample", "DNA analysis", and "Rapid DNA instruments" shall have the same meaning as provided in 34 U.S.C. § 40703(c).
"Sec. 2b. Collection of DNA identification information from convicted offenders.
"(a)(1) A District agency may collect a DNA sample from an individual who is, or has been, convicted of an offense set forth in
"(2) A District agency or the court, as applicable, may authorize, or enter into agreements with, other local, state, or federal governmental agencies or private entities to collect DNA samples under this section.
"(3) An agency or entity may, but need not, collect a DNA sample from an individual if:
"(A) Another agency or entity has collected, or will collect, a DNA sample from that individual and has provided, or will provide, the sample for analysis and inclusion of the results in CODIS as provided in subsection (b) of this section; or
"(B) CODIS already contains a DNA analysis with respect to that individual.
"(4) DNA sample collection may be repeated if the agency or entity responsible for collection is informed that a sample collected from the individual does not satisfy the requirements for analysis or for entry of the results of the analysis into CODIS.
"(b) The agency or entity, as applicable, shall furnish each DNA sample collected under this section to the Federal Bureau of Investigation Laboratory, or to another laboratory approved by the FBI, for the purpose of carrying out a DNA analysis on each such DNA sample and including the results in CODIS. The requirements of this subsection may be waived, with the permission of the Federal Bureau of Investigation, if DNA samples are analyzed by means of Rapid DNA instruments and the results are included in CODIS.
"(c) The authorization of DNA sample collection by this section shall not limit DNA sample collection by any agency pursuant to any other authority.
"(d) For the purposes of this section, the terms "DNA sample", "DNA analysis", and "Rapid DNA instruments" shall have the same meaning as provided in 34 U.S.C. § 40703(c).".
Sec. 28. The Criminal Justice Coordinating Council for the District of Columbia Establishment Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 22-4231 et seq.), is amended as follows:
(a) Section 1504(a) (D.C. Official Code § 22-4233(a)) is amended as follows:
(1) Paragraph (20) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(2) Paragraph (21) is amended by striking the period and inserting the phrase "; and" in its place.
(3) A new paragraph (22) is added to read as follows:
"(22) The Chairperson of the District of Columbia Sentencing Commission.".
(b) Section 1505 (D.C. Official Code § 22-4234) is amended as follows:
(1) Subsection (a) is amended by adding a new paragraph (9) to read as follows:
"(9) Conduct research and analysis on matters affecting public safety and criminal justice, including research and analysis utilizing behavioral health, physical health, employment, and education data.".
(2) A new subsection (a-1) is added to read as follows:
"(a-1) Agencies are authorized to provide personally identifying information to the Criminal Justice Coordinating Council to aid in the development of reports pursuant to this section.".
(3) New subsections (b-5), (b-6), (b-7), (b-8), (b-9), (b-10), and (b-11) are added to read as follows:
"(b-5)(1) By December 1, 2023, and on a quarterly basis thereafter, the CJCC shall submit to the Mayor and the Council and post on its website a report that includes, in accordance with existing law, aggregate data on the following with respect to the criminal justice and juvenile justice systems:
"(A) Diversion;
"(B) Pretrial supervision;
"(C) Detention;
"(D) Prosecution;
"(E) Sentencing;
"(F) Commitment;
"(G) Incarceration;
"(H) Probation;
"(I) Parole;
"(J) Supervised release; and
"(K) Deferred prosecution agreements, deferred sentencing agreements, deferred disposition agreements, and consent decrees.
"(2) The CJCC shall include in the report information and context to aid the general public in interpretation of the data.
"(3) Prior to submitting and posting the aggregate data, the CJCC shall provide each agency that supplies data at least 15 business days to review and comment on the data presentation and any analysis relevant to the agency. The CJCC shall review the feedback and make reasonable efforts to collaborate with agencies to ensure accuracy in the analysis and presentation of each agency's data.
"(b-6) The CJCC shall post the following year-to-date data on its website monthly, beginning with the earliest year for which CJCC is able to obtain historical data:
"(1) Arrests for violent crimes committed by juveniles and adults, by offense; and
"(2) Gun violence and homicide counts and rates citywide and by ward, neighborhood, and police service area.
"(b-7)(1) By August 1, 2024, and on a quarterly basis thereafter, the CJCC shall submit to the Mayor and the Council and post on its website a report that includes the following:
"(A) The number of arrests made by the Metropolitan Police Department in the prior quarter for a warrant issued when a defendant fails to appear in court ("bench warrant");
"(B) The number of arrests made by the United States Marshals Service in the prior quarter for a bench warrant;
"(C) The number of new bench warrants issued by the Superior Court in the prior quarter;
"(D) The total number of outstanding bench warrants; and
"(E) The number of arrestees arrested in the prior quarter for a different offense while actively under a bench warrant.
"(2) Where applicable, the report created under paragraph (1) of this subsection shall disaggregate data by whether the underlying offense in the case was a misdemeanor or felony.
"(b-8)(1) Beginning March 1, 2025, and by March 1 of each year thereafter, the CJCC shall submit to the Mayor and the Council and post on its website a report that analyzes the trends associated with the Metropolitan Police Department's felony crime statistics. The report shall include:
"(A) The number and type of felony arrests made by the Metropolitan Police Department;
"(B) The number of felony arrests that resulted in conviction and the sentence imposed;
"(C) The location of felony arrests by ward, district, and police service area;
"(D) The number of suspects involved in each felony arrest;
"(E) The number of victims involved in each felony arrest;
"(F) The characteristics of each suspect arrested for a felony crime, including:
"(i) The age of the suspect;
"(ii) The race of the suspect;
"(iii) The gender of the suspect;
"(iv) The level of education of the suspect;
"(v) The police service area where the suspect resides;
"(vi) The number of prior arrests and contacts the suspect has had with the Metropolitan Police Department as a victim, witness, or suspect;
"(vii) The number and type of convictions on the suspect's criminal record;
"(viii) The suspect's relationship, if any, to the victim of the crime for which he or she was charged; and
"(ix) If known, whether the suspect has had prior contact with the Department of Behavioral Health; and
"(G) The characteristics of each victim involved in a felony crime, including:
"(i) The age of the victim;
"(ii) The race of the victim;
"(iii) The gender of the victim;
"(iv) The level of education of the victim;
"(v) The police service area where the victim resides;
"(vi) The number of prior arrests and contacts the victim has had with the Metropolitan Police Department, as a victim, witness, or suspect;
"(vii) The number and type of convictions on the victim's criminal record; and
"(viii) The victim's relationship, if any, to the suspect.
"(2) District agencies shall provide information to CJCC upon request to facilitate the creation of the report required by this subsection.
"(b-9) The CJCC shall submit a report to the Mayor and Council on the efficacy of the pretrial detention provisions in the Secure DC Omnibus Amendment Act of 2024 , passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345), no later than 180 days after the applicability date of section 30(f), (g), and (h) of the Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345) ("Secure DC Omnibus"). The report shall include the following descriptive data:
"(1) The number and percentage of defendants whose charges are subject to the pretrial detention provisions in the Secure DC Omnibus;
"(2) The number and percentage of defendants who were released pretrial prior to the effective date of the Prioritizing Public Safety Emergency Amendment Act of 2023, effective July 20, 2023 (D.C. Act 25-175; 70 DCR 10358) ("Prioritizing Public Safety Emergency"), and after the effective date of the Secure DC Omnibus, by type of offense for which the defendant was charged;
"(3) The number and percentage of defendants who were rearrested while on pretrial release prior to the effective date of the Prioritizing Public Safety Emergency and after the effective date of the Secure DC Omnibus, by type of underlying offense for which the defendant was charged and by type of rearrest offense; and
"(4) The time from the start of pretrial supervision to rearrest for pretrial defendants who were rearrested for dangerous crimes or crimes of violence prior to the effective date of the Prioritizing Public Safety Emergency and after the effective date of the Secure DC Omnibus, which shall be disaggregated by type of underlying offense for which the defendant was charged.
"(b-10) The CJCC shall submit a report to the Mayor and Council on the provisions in the Secure DC Omnibus relating to pre-trial detention for juveniles. The report shall include the following descriptive data:
"(1) The number and percentage of juveniles who have been found to have a substantial probability to have committed a crime that is subject to the juvenile detention provisions in the Secure DC Omnibus;
"(2) The number and percentage of juveniles who have been found to have a substantial probability to have committed a crime that is subject to the juvenile detention provisions in the Secure DC Omnibus who were released before a factfinding or dispositional hearing prior to the effective date of the Prioritizing Public Safety Emergency, and after the applicability date of section 28 of the Secure DC Omnibus by type of offense for which the juvenile was charged;
"(3) The number and percentage of juveniles who have been found to have a substantial probability to have committed a crime that is subject to the juvenile detention provisions in the Secure DC Omnibus who were placed in a youth shelter before a factfinding or dispositional hearing prior to the effective date of the Prioritizing Public Safety Emergency, and after the applicability date of section 28 of the Secure DC Omnibus by type of offense for which the juvenile was charged;
"(4) The number and percentage of juveniles who have been found to have a substantial probability to have committed a crime that is subject to the juvenile detention provisions in the Secure DC Omnibus who were rearrested while on release prior to a factfinding or dispositional hearing prior to the effective date of the Prioritizing Public Safety Emergency and after the applicability date of section 28 of the Secure DC Omnibus, by type of underlying offense for which the juvenile was charged and by type of rearrest offense;
"(5) The number and percentage of juveniles who have been found to have a substantial probability to have committed a crime that is subject to the juvenile detention provisions in the Secure DC Omnibus who were rearrested while placed in a youth shelter prior to a factfinding or dispositional hearing prior to the effective date of the Prioritizing Public Safety Emergency and after the applicability date of section 28 of the Secure DC Omnibus, by type of underlying offense for which the juvenile was charged and by type of rearrest offense;
"(6) The time from when a juvenile who was ordered released to rearrest for juveniles who have been found to have a substantial probability to have committed a crime who were rearrested for dangerous crimes or crimes of violence prior to the effective date of the Prioritizing Public Safety Emergency and after the applicability date of section 28 of the Secure DC Omnibus; which data shall be disaggregated, by type of underlying offense for which the juvenile was charged; and
"(7) The time from when a juvenile who was placed in a youth shelter to rearrest for juveniles who have been found to have a substantial probability to have committed a crime who were rearrested for dangerous crimes or crimes of violence prior to the effective date of the Prioritizing Public Safety Emergency and after the applicability date of section 28 of the Secure DC Omnibus; which data shall be disaggregated, by type of underlying offense for which the juvenile was charged; provided.
"(b-11)(1) Within one year after the applicability date of section 28 of the Secure DC Omnibus, the CJCC shall submit to the Council a report on the programs and policies for witness assistance in the District related to the safety and security of witnesses, and recommendations for improvement thereof.
"(A) The report shall encompass witness assistance programs, procedures, and operations conducted by the Metropolitan Police Department, the Office of Victims Services and Justice Grants, the Office of the Attorney General, the United States Attorney's Office, the Superior Court of the District of Columbia, and any other entity deemed relevant by the CJCC;
"(B) For the purposes of this subsection, the term "witnesses assistance" means any service related to the safety and security of witnesses to criminal cases, but shall not include the federal Witness Protection Program or any witness assistance program related to travel or court proceedings such as interpretation services; and
"(C) The report shall include:
"(i) An outline of current witness assistance programs related to the safety and security of witnesses in the District, including:
"(I) The spectrum of services to which witnesses are referred that are provided by District agencies or organizations operating human support services utilizing grants from the District;
"(II) Standard operating procedures for coordination between witness assistance programs of the different entities identified in subparagraph (A) of this paragraph;
"(III) Information on the success rate of witness relocations for the purposes of witness safety and security, including the frequency of witnesses returning to a location placing them at risk; and
"(IV) Anonymized and general information on the number of persons served by witness assistance programs for safety and security in the District, and any metrics that are tracked to indicate success;
"(ii) An assessment of any overlaps or gaps in witness assistance, including referral time and barriers presented by program eligibility or application processes;
"(iii) An estimate of the number of placements in temporary shelters, hotels, and other housing programs operated by the District or grantees that would be needed to provide adequate witness assistance without concerns about housing availability;
"(iv) Recommended performance metrics for witness assistance provided by District agencies and grantees;
"(v) Recommended procedures that would improve handoffs between local and federal partners to ensure a continuum of care;
"(vi) A review of national best practices for state and local-level witness assistance programs;
"(vii) An assessment of the total fiscal impact of witness assistance in the District, broken down by agency and function, for at least the prior four fiscal years, and recommended funding levels; and
"(viii) Policy recommendations to maximize the effective use of witness assistance for the investigation and prosecution of criminal cases.
"(2) The CJCC shall submit to the Council a confidential version of the report, which shall not be publicly available or disclosed to a member of the public.".
(3) A new subsection (d) is added to read as follows:
"(d)(1) The CJCC shall conduct research and analysis, and develop reports, pertaining to childhood factors that increase the likelihood of future involvement in gun violence for young adults.
"(2) Upon request by the CJCC, and to aid in the development of reports produced pursuant to this section, the Department of Health Care Finance ("DHCF") shall provide, or cause to be provided, the following information to the CJCC on adult individuals included in a given study sample for the period of time when the individuals were under 18 years of age, including any associated personal identifying information:
"(A) Demographic data, including:
"(i) Name, address, and date of birth;
"(ii) Sex;
"(iii) Gender;
"(iv) Race; and
"(v) Ethnicity;
"(B) Enrollment data, including;
"(i) Eligibility start date;
"(ii) Eligibility end date; and
"(iii) Eligibility basis;
"(C) Claims data with mental, behavioral, and neurodevelopmental disorder diagnoses; and
"(D) Claims data with mental health procedures.
"(3) Where necessitated by District or federal law or regulations, DHCF may enter into a Memorandum of Understanding with the CJCC regarding the disclosure of data and other information pursuant to this section.".
(c) A new section 1507 is added to read as follows:
"Sec. 1507. Prearrest Diversion Task Force.
"(a) There is established a Prearrest Diversion Task Force ("Task Force") within the Criminal Justice Coordinating Council.
"(b) The Task Force shall consist of the following members and organizations, or their designees:
"(1) The Deputy Mayor for Public Safety and Justice;
"(2) The Deputy Mayor for Health and Human Services;
"(3) The Chief of Police of the Metropolitan Police Department;
"(4) The Director of the Department of Behavioral Health;
"(5) The Attorney General for the District of Columbia;
"(6) The chairperson of the Council committee with jurisdiction over judiciary and public safety matters;
"(7) The Executive Director of the Criminal Justice Coordinating Council;
"(8) One representative from a community organization with expertise in mental or behavioral health issues, appointed by the Chairperson of the Task Force;
"(9) One representative from a community organization with expertise in substance use disorder issues, appointed by the Chairperson of the Task Force; and
"(10) One representative from a community organization with expertise in housing issues, appointed by the Chairperson of the Task Force.
"(c) The members of the Task Force shall select a Chairperson of the Task Force.
"(d) In addition to the members described in subsection (b) of this section, the Chairperson of the Task Force shall invite the following individuals, or their designees, to participate as members of the Task Force:
"(1) The United States Attorney for the District of Columbia;
"(2) The Director of the Pretrial Services Agency for the District of Columbia;
"(3) The Director of the Court Services and Offender Supervision Agency for the District of Columbia; and
"(4) The Director of the Superior Court of the District of Columbia's Family Court Social Services Division.
"(e) As needed, the Task Force may establish subcommittees of its members.
"(f) The duties of the Task Force shall include:
"(1) Reviewing and assessing best practices for prearrest diversion;
"(2) Making recommendations for prearrest diversion of certain misdemeanor offenses, and certain categories of persons;
"(3) Making recommendations regarding the programs, facilities, personnel, and funding that are necessary to implement prearrest diversion;
"(4) Making recommendations for any legislative changes that are necessary to enable prearrest diversion;
"(5) Implementing prearrest diversion of certain misdemeanor offenses, and categories of persons identified by the Task Force as being appropriate for diversion;
"(6) Identifying any potential improvements in police training or procedures relating to police interactions with individuals impacted by homelessness, mental or behavioral health issues, or substance abuse; and
"(7) Identifying individuals who frequently interact with police, are frequent mental health consumers, or have suffered from chronic homelessness, and ensure that those individuals are connected to social services.
"(g) Within 3 months after the applicability date of section 29 of the Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345), the Task Force shall convene for an initial meeting. Following that initial meeting, the Task Force shall meet on, at least, a monthly basis, until it issues its initial recommendations as required under subsection (h) of this section. Thereafter, the Task Force shall continue to meet at a frequency as determined by the Chairperson of the Task Force.
"(h) Within one year after the applicability date of section 29 of the Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345), the Task Force shall issue initial recommendations for prearrest diversion of certain misdemeanor offenses and categories of persons identified pursuant to subsection (f)(5) of this section.".
Sec. 29. An Act To control the possession, sale, transfer and use of pistols and other dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of evidence, and for other purposes, approved July 8, 1932 (47 Stat. 650; D.C. Official Code § 22-4501 et seq.), is amended as follows:
(a) Section 1 (D.C. Official Code § 22-4501) is amended as follows:
(1) Paragraphs (1) and (1A) are redesignated as paragraph (1A) and (1B), respectively.
(2) A new paragraph (1) is added to read as follows:
"(1) "Ammunition" shall have the same meaning as provided in
(3) A new paragraph (4A) is added to read as follows:
"(4A) "Open to the general public" means a location:
"(A) To which the public is invited; and
"(B) For which no payment, membership, affiliation, appointment, or special permission is required for an adult to enter, other than proof of age or a security screening.".
(4) Paragraph (7A) is redesignated as paragraph (7B).
(5) A new paragraph (7A) is added to read as follows:
"(7A) "Public conveyance" means any government-operated air, land, or water vehicle used for the transportation of persons, including any airplane, train, bus, or boat.".
(b) Section 3 (D.C. Official Code § 22-4503) is amended as follows:
(1) Subsection (a) is amended as follows:
(A) Paragraph (5)(C) is amended by striking the semicolon and inserting the phrase "; or" in its place.
(B) Paragraph (6) is amended to read as follows:
"(6) Has been convicted within the past 5 years of:
"(A) An intrafamily offense, as that term is defined in
"(B) Stalking or attempted stalking, pursuant to
(2) New subsections (c-1) and (c-2) are added to read as follows:
"(c-1)(1) It shall be unlawful for any person knowingly to possess or receive any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered.
"(2) It shall be unlawful for any person to receive, possess, conceal, store, barter, sell, or dispose of any stolen firearm or stolen ammunition, or pledge or accept as security for a loan any stolen firearm or stolen ammunition, knowing or having reasonable cause to believe that the firearm or ammunition was stolen.
"(c-2) A person who violates subsection (c-1) of this section shall upon conviction be fined no more than the amount set forth in
(c) Section 3a (D.C. Official Code § 22-4503.01) is amended as follows:
(1) The existing text is designated as subsection (a).
(2) A new subsection (b) is added to read as follows:
"(b) A person who violates this section shall upon conviction be fined no more than the amount set forth in
(d) New sections 3c and 3d are added to read as follows:
"Sec. 3c. Endangerment with a firearm.
"(a) A person commits endangerment with a firearm when the person:
"(1) Knowingly discharges a projectile from a firearm outside a licensed firing range; and
"(2) Either:
"(A) The person knows that the discharged projectile creates a substantial risk of death or bodily injury to another person; or
"(B) In fact:
"(i) The person is in, or the discharged projectile travels through or stops in, a location that is:
"(I) Open to the general public at the time of the offense;
"(II) A communal area of multi-unit housing; or
"(III) Inside a public conveyance or a rail station; and
"(ii) The person does not have permission to discharge a projectile from a firearm under:
"(I) A written permit issued by the Metropolitan Police Department; or
"(II) Other District or federal law.
"(b) Except as provided in subsection (c) of this section, whoever violates this section shall upon conviction be fined no more than the amount set forth in
"(c) Whoever violates this section shall upon conviction be fined no more than the amount set forth in
"(1) The violation of this section occurs after a person has been convicted of a felony, either in the District of Columbia or another jurisdiction; or
"(2) Five or more projectiles are discharged from a firearm within a single course of conduct.
"(d) When arising from the same act or course of conduct, a conviction for an offense under this section shall merge with a conviction:
"(1) Under
"(2) For another offense outside of
"(e) No mental state shall be required as to any element under subsection (a)(2)(B) of this section.
"(f) It shall be a defense to liability under this section that the person discharged a firearm under circumstances constituting lawful self-defense or defense of others.
"Sec. 3d. Unlawful discarding of firearms and ammunition.
"(a) It shall be unlawful for any person to knowingly discard, throw, or deposit any loaded or unloaded firearm or ammunition in a place other than the person's dwelling place, place of business, or on other land possessed by the person.
"(b) Subsection (a) of this section shall not apply where a person:
"(1) Throws, discards, or deposits any firearm or ammunition in a securely locked box or secured container;
"(2) Is expressly directed by a law enforcement officer to throw, discard, or deposit any firearm or ammunition, and does so in the manner directed by the officer, and not while fleeing or attempting to elude any law enforcement officer;
"(3) Throws, discards, or deposits any firearm or ammunition while participating in a lawful firearms training and safety class conducted by an arms instructor; or
"(4) Who is a licensee, as that term is defined in
"(c) It shall be an affirmative defense, which shall be proven by a preponderance of the evidence, that the person threw, discarded, or deposited the firearm or ammunition while, in fact, voluntarily surrendering the item pursuant to
"(d)(1) Except as provided in paragraph (2) of this subsection, a person who violates this section shall be fined no more than the amount set forth in
"(2) If the violation of this section occurs after a person has been convicted of a felony, either in the District of Columbia or another jurisdiction, the person shall be fined no more than the amount set forth in
(e) Section 14 (D.C. Official Code § 22-4514) is amended as follows:
(1) Subsection (a) is amended by striking the phrase "any machine gun," and inserting the phrase "any item that is, in fact, a machine gun," in its place.
(2) Subsection (c) is amended to read as follows:
"(c) Whoever violates this section shall be punished as provided in
"(1) The violation involves possession of a sawed-off shotgun, or ghost gun, in which case such person shall be fined no more than the amount set forth in
"(2) The violation involves possession of a machine gun, in which case such person shall be fined no more than the amount set forth in
"(3) The violation occurs after such person has been convicted in the District of Columbia of a violation of this section, or of a felony, either in the District of Columbia or in another jurisdiction, in which case such person shall be fined no more than the amount set forth in
(3) Subsection (d) is repealed.
Sec. 30. Title 23 of the District of Columbia Official Code is amended as follows:
(a) Section 23-113(a) is amended by adding a new paragraph (1A) to read as follows:
"(1A) Any offense that is properly joinable with any of the crimes listed in paragraph (1) of this subsection is barred if not commenced within 15 years after it is committed.".
(b) Section 23-563(b) is amended to read as follows:
"(b)(1) A warrant or summons issued by the Superior Court of the District of Columbia for an offense punishable by imprisonment for not more than one year, or by a fine only, or by such imprisonment and a fine:
"(A)(i) May be served in any place in the District of Columbia; or
"(ii) May be served at any place within the jurisdiction of the United States, if a judicial officer of the Superior Court of the District of Columbia finds that good cause exists for the warrant or summons to be served at any place within the jurisdiction of the United States; and
"(B) May not be executed more than one year after the date of issuance.
"(2) Good cause for the warrant or summons to be served at any place within the jurisdiction of the United States is presumed where the warrant or summons is for an intrafamily offense, as that term is defined in § 16-1001(8), or where the warrant or summons is for an offense under
(c) Section 23-581 is amended as follows:
(1) Subsection (a)(3) is amended as follows:
(A) Strike the phrase "Fleeing from the scene of an accident" and insert the phrase "Leaving after colliding" in its place.
(B) Strike the phrase "section 10(a) (D.C. Official Code § 50-2201.05(a))" and insert the phrase "section 10c (D.C. Official Code § 50-2201.05c)" in its place.
(2) Subsection (a-3) is amended by striking the phrase "sections 22-3112.1 and 22-3112.2" and inserting the phrase "§§ 22-3312.01, 22-3312.02, and 22-3312.03" in its place.
(d) Section 23-1303(d) is amended to read as follows:
"(d) Any information contained in the agency's files, presented in its report, or divulged during the course of any hearing shall not be admissible on the issue of guilt in any judicial proceeding, but such information may be used in proceedings under §§ 23-1327, 23-1328, and 23-1329, in perjury proceedings, and for the purposes of impeachment in any subsequent proceeding. Any information obtained from a device, as that term is defined in § 22-1211(a)(2), may be used on the issue of guilt in any judicial proceeding.".
(e) Section 23-1321 is amended as follows:
(1) Subsection (b) is amended by striking the phrase "period of release, unless" and inserting the phrase "period of release, and subject to the condition that the person cooperate in the collection of a DNA sample from the person if the collection of such a sample is authorized pursuant to Chapter 41B of Title 22 of the District of Columbia Official Code, unless" in its place.
(2) Subsection (c)(1)(A) is amended by striking the phrase "period of release;" and inserting the phrase "period of release and that the person cooperate in the collection of a DNA sample from the person if the collection of such a sample is authorized pursuant to Chapter 41B of Title 22 of the District of Columbia Official Code;" in its place.
(3) A new subsection (e) is added to read as follows:
"(e)(1) The Metropolitan Police Department may request a supervisory agency to provide the Metropolitan Police Department with location and identification data collected from any detection device that a person is required to wear while incarcerated or committed, while subject to a protection order, or while on pretrial release, presentence release, predisposition release, supervised release, probation, or parole that is deemed by the Chief of Police as necessary in conducting a criminal law enforcement investigation. The Department of Youth Rehabilitation Services shall comply with any request under this subsection.
"(2) For the purposes of this subsection, the term:
"(A) "Device" shall have the same meaning as in
"(B) "Supervisory agencies" means the following agencies:
"(i) The Court Services and Offender Supervision Agency of the District of Columbia;
"(ii) The Department of Youth Rehabilitation Services;
"(iii) The Superior Court of the District of Columbia's Family Court Social Services Division; and
"(iv) The Pretrial Services Agency for the District of Columbia.".
(f) Section 23-1322 is amended as follows:
(1) Subsection (c) is amended as follows:
(A) The lead-in language is amended to read as follows:
"(c) Subject to rebuttal by the person, it shall be presumed that no condition or combination of conditions of release will reasonably assure the safety of any other person and the community if the judicial officer finds that there is probable cause to believe that the person:".
(B) Paragraph (3) is amended by striking the phrase "or a crime of violence, as these terms are defined" and inserting the phrase ", as that term is defined" in its place.
(C) Paragraph (4) is amended by striking the phrase "crime or a crime of violence" and inserting the word "crime" in its place.
(D) Paragraph (5) is amended by striking the phrase "crimes or crimes of violence" and inserting the word "crimes" in its place.
(E) Paragraph (6) is repealed.
(F) Paragraph (7) is amended by striking the phrase "; or" and inserting a semicolon in its place.
(G) Paragraph (8) is amended by striking the period and inserting the phrase "; or" in its place.
(H) A new paragraph (9) is added to read as follows:
"(9) Committed a crime of violence, as that term is defined in § 23-1331(4).".
(2) Subsection (f) is amended as follows:
(A) Paragraph (1) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(B) Paragraph (2)(C) is amended by striking the period and inserting the phrase "; and" in its place.
(C) A new paragraph (3) is added to read as follows:
"(3) Beginning on September 1, 2024, where there is a rebuttable presumption of detention pursuant to either subsection (c) of this section or § 23-1325(a), the judicial officer shall include a written statement of the reasons for the release, setting forth the evidence that supported the rebuttal of the presumption.".
(3) Subsection (h)(1) is amended by striking the phrase "not to exceed 20 days each" and inserting the phrase "not to exceed 45 days each" in its place.
(g) Section 23-1325(a) is amended as follows:
(1) Strike the phrase "a substantial probability" and insert the phrase "probable cause" in its place.
(2) Strike the phrase "or imitation firearm," and insert the phrase "imitation firearm, or other deadly or dangerous weapon," in its place.
(h) Section 23-1331 is amended as follows:
(1) Paragraph (3)(H) is amended to read as follows:
"(H) Any felony offense under Chapter 30 of Title 22 (Sexual Abuse);".
(2) Paragraph (4) is amended by striking the phrase "third degrees;" and inserting the phrase "third degrees; misdemeanor sexual abuse pursuant to § 22-3006(b); misdemeanor sexual abuse of a child or minor pursuant to § 22-3010.01(a-1); strangulation;" in its place.
(i) Section 23-1903(d) is amended as follows:
(1) Strike the phrase "child is called to give testimony" and insert the phrase "child is a victim or is called to give testimony" in its place.
(2) Strike the phrase "granting a continuance in cases involving a child witness" and insert the phrase "granting a continuance in cases involving a child victim or child witness" in its place.
(j) Section 23-1912(a) is amended by striking the phrase "subject to a custodial arrest" and inserting the phrase "subject to a subsequent custodial arrest" in its place.
(k) Subsections (f), (g), and (h) of this section shall expire 225 days after the applicability date of subsections (f), (g), (h) of this section.
Sec. 31. Section 11233 of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (111 Stat. 748; D.C. Official Code § 24-133), is amended as follows:
(a) Subsection (b)(2)(F) is amended to read as follows:
"(F) Develop and implement intermediate sanctions and incentives for sentenced offenders that officers may use in response to violations of, or compliance with, the conditions of release;".
(b) Subsection (c) is amended as follows:
(1) Paragraph (2) is amended as follows:
(A) Subparagraph (A) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(B) Subparagraph (B) is amended by striking the period and inserting the phrase "; and" in its place.
(C) A new subparagraph (C) is added to read as follows:
"(C) The Agency may impose intermediate sanctions and utilize incentives for offenders who violate, or comply with, the conditions of supervised release; provided, that the Director shall notify the Commission of the use of any intermediate sanctions on the same day in which the sanction is imposed.".
(2) Paragraph (3) is amended to read as follows:
"(3) Supervision of probationers. — Subject to appropriations and program availability, the Agency shall supervise all offenders placed on probation by the Superior Court of the District of Columbia. The Agency shall carry out the conditions of release imposed by the Superior Court (including conditions that probationers undergo training, education, therapy, counseling, drug testing, or drug treatment), impose or implement intermediate sanctions and utilize incentives for violations of, or compliance with, the conditions of release, and shall make such reports to the Superior Court with respect to an individual on probation as the Superior Court may require.".
(3) Paragraph (4) is amended to read as follows:
"(4) Supervision of District of Columbia parolees. — The Agency shall supervise all individuals on parole pursuant to the District of Columbia Official Code. The Agency shall carry out the conditions of release imposed by the United States Parole Commission or, with respect to a misdemeanant, by the Superior Court of the District of Columbia, impose or implement intermediate sanctions and utilize incentives for violations of, or compliance with, the conditions of release, and shall make such reports to the Commission or Court with respect to an individual on parole supervision as the Commission or Court may require.".
(c) Subsection (d) is amended to read as follows:
"(d) Authority of officers. — The supervision officers of the Agency shall have and exercise the same powers and authority as are granted by law to United States Probation and Pretrial Officers; except that, officers shall have the authority to impose or implement intermediate sanctions and utilize incentives for violations of, or compliance with, the conditions of release.".
(d) A new subsection (h) is added to read as follows:
"(h) For purposes of this section, the term:
"(1) "Incentives" means individualized, goal-oriented, and graduated responses to a sentenced offender's compliance with the conditions of release designed to reinforce or modify the skills and behaviors of the offender.
"(2) "Intermediate sanctions" means individualized, graduated punishment options and sanctions, other than incarceration, imposed in response to a sentenced offender's violation of the conditions of release, including:
"(A) Electronic monitoring, including GPS monitoring;
"(B) Drug and alcohol testing;
"(C) Reporting requirements to probation officers;
"(D) Rehabilitative interventions such as substance abuse and mental health treatment; and
"(E) Community service.".
Sec. 32. An Act to create a Department of Corrections in the District of Columbia, approved June 27, 1946 (60 Stat. 320; D.C. Official Code § 24-211.01 et seq.), is amended by adding a new section 9 to read as follows:
"Sec. 9. Healthy food at correctional facilities.
"(a) For the purposes of this section, the term:
"(1) "Correctional facilities" means the Central Detention Facility, Correctional Treatment Facility, Central Cell Block, and any other facilities operated by or contracted on behalf of the Department of Corrections to house incarcerated individuals.
"(2) "Director" means the Director of the Department of Corrections.
"(3) "DOC" means the Department of Corrections.
"(4) "DOC residents" means individuals who are incarcerated in the Central Detention Facility, Correctional Treatment Facility, and any other facilities operated by the Department of Corrections to house incarcerated individuals.
"(b)(1) Within 6 months after the applicability date of section 32 of the Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345), DOC shall establish and publish on its website nutrition standards for all meals served in DOC facilities.
"(2) The nutrition standards required by paragraph (1) of this subsection shall meet or exceed the most recent edition of the U.S. Department of Agriculture and U.S. Department of Health and Human Services Dietary Guidelines for Americans U.S. Department of Agriculture and U.S. Department of Health and Human Services Dietary Guidelines for Americans, established pursuant to the National Nutrition Monitoring and Related Research Act of 1990, approved October 22, 1990 (104 Stat. 1034; 7 U.S.C. § 5301 et seq.), including at least:
"(A) Two servings of dark green vegetables per day, at least one of which is served raw;
"(B) Two servings of additional colored vegetables per day, at least one of which is served raw;
"(C) Two servings of raw fruit per day; and
"(D) Five ounces of protein rich foods, including meat, poultry, eggs, fish, nuts, seeds, or tofu, per day.
"(3) The nutrition standards required by paragraph (1) of this subsection shall be updated every 5 years and posted on the DOC website.
"(4) All meals served in DOC facilities shall meet or exceed the nutrition standards established pursuant to paragraph (1) of this subsection.
"(5) Correctional facilities shall serve a plant-based, kosher, halal, or medically-necessary or -recommended food option as the main course to DOC residents who request such a diet for medical, health, religious, or ethical reasons. Meals provided pursuant to this paragraph shall be consistent with nutrition guidelines established under this section.
"(c) DOC shall make the following reports available to the public by publishing on the DOC webpage within 30 days after receipt from the reporting agency or individual:
"(1) Quarterly inspection of food service operations compliance conducted by the Food Safety Branch of the Department of Health, or similar equivalent report;
"(2) Monthly inspection of environmental safety and sanitation of the culinary unit conducted by the Safety Officer of the DOC, or similar equivalent report; and
"(3) Quarterly inspection of food service operations conducted by the Food Services Contract Monitor of the DOC, or similar equivalent report.
"(d)(1) Within 8 months after the applicability date of section 32 of the Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345), the Mayor shall establish an expanded hospitality and culinary arts training program ("Program") for DOC residents in partnership with existing hospitality and culinary arts career training and education programs operating in the District.
"(2) The Program shall:
"(A) Provide hospitality career and culinary arts training and education opportunities for DOC residents serving the workforce development needs of both DOC residents and the local hospitality economy, including training for hospitality positions at hotels and events, sporting events, restaurant technology, food handling, kitchen training, and hands-on curriculum in culinary arts;
"(B) Connect participants to community-based reentry focused providers at least 90 days before release from DOC facilities;
"(C) Develop individualized reentry plans for each participant that will be shared with DOC community-based reentry focused providers to be continued after the participant's release;
"(D) Establish a pipeline into hospitality careers by identifying employer partners to assist with apprenticeship or job placement for Program participants before release from DOC facilities;
"(E) Connect participants with wraparound services, including life skills training, employment coaching, peer support, housing, and healthcare, which shall be identified and provided upon completion of the Program; and
"(F) Successfully complete at least 4 cohorts consisting of at least 20 participants per year.
"(e) As part of hands-on training, participants in the Program shall participate in the preparing and serving of meals consistent with the nutritional standards established pursuant to this section to the general population and officer dining rooms.".
Sec. 33. The Youth Rehabilitation Amendment Act of 1985, effective December 7, 1985 (D.C. Law 6-69; D.C. Official Code § 24-901 et seq.), is amended by adding a new section 7c to read as follows:
"Sec. 7c. Establishment of the Director of Emerging Adult Services.
"(a) There is established the position of Director of Emerging Adult Services ("Director") within the Office of the City Administrator. The primary role of the Director shall be to coordinate and lead the overall implementation of
"(b) The Director shall:
"(1) Within one year after the applicability date of section 33 of the Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345), develop a comprehensive strategic plan ("strategic plan") to meet the unique needs of emerging adults and assess the implementation of
"(A) An assessment of:
"(i) The educational, workforce development, housing, behavioral and physical health care, and family needs of emerging adults and youth offenders before commitment, while in District or federal care or custody, and upon re-entry;
"(ii) Diversion programs for persons at risk of becoming youth offenders; and
"(iii) The availability of a continuum of developmentally appropriate, community-based services for youth offenders before commitment, while in District care or custody, and upon reentry;
"(B) Strategies and a plan to:
"(i) Involve emerging adults in community decision-making processes;
"(ii) Engage and support LGBTQ and other marginalized emerging adults;
"(iii) Expand alternatives to incarceration for emerging adults involved in the criminal justice system;
"(iv) Ensure effective treatment and services focused on rehabilitation and preventing recidivism; and
"(v) Foster collaboration among government agencies, community-based organizations, and families to support emerging adults; and
"(C) An outreach plan by the District to committed youth offenders and their families in District or federal care or custody to identify needs for services and plan for reentry;
"(2) Consult community-based organizations providing services and supports that are developmentally appropriate, trauma-informed, healing-centered, and restorative to inform the strategic plan;
"(3) Oversee the implementation of the strategic plan and ensure alignment with the goals and objectives of
"(4) Coordinate inter-agency services, programs, and initiatives to meet the diverse needs of emerging adults in the District;
"(5) Collaborate with public safety, criminal justice, and youth services agencies, including the Office of Neighborhood Safety and Engagement, Office of Gun Violence Prevention, Office of the Attorney General, Department of Youth Rehabilitation Services, Department of Corrections, Department of Human Services, Department of Parks and Recreation, Office of the State Superintendent of Education, District of Columbia Public Schools, United States Attorney's Office for the District of Columbia, and CSOSA, to enhance services for emerging adults;
"(6) Engage with the community, emerging adults, and youth offenders to gather feedback, assess needs, and promote transparency and inclusivity in decision-making; and
"(7) Publish a data table on a publicly accessible website that protects any PII from disclosure and displays the total number of emerging adults, the services and programming used by emerging adults, and the outcomes of the services and programming.
"(c) Within 6 months after the applicability date of section 33 of the Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345), the Director shall submit an initial report to the Mayor and Council that includes:
"(1) Proposed performance metrics and associated data to measure the progress of the strategic plan and the implementation of
"(2) Protocols for reporting and frequency of reporting, including how the Director will collect data from District and federal agencies;
"(3) Strategies for engaging agencies, as provided in subsection (b)(5) of this section, on a coordinated effort to support emerging adults; and
"(4) Outreach plans for engaging with the community and involving emerging adults and their families in the decision-making processes.
"(d) Within 3 years after the applicability date of section 33 of the Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345), and every 2 years thereafter, the Director shall submit an interim report to the Mayor and Council that includes, at the minimum:
"(1) The state of emerging adults in the District and the challenges that they are experiencing;
"(2) An analysis of the implementation of
"(3) Progress made in achieving the goals and objectives outlined in the strategic plan pursuant to the metrics provided in subsection (c)(1) of this section;
"(4) A description of the Director's coordination efforts and specific initiatives with District agencies, community-based organizations, and the community undertaken during the preceding 2 years to meet the unique needs of emerging adults and the implementation of
"(5) Challenges faced during the preceding 2 years and explanations for how each challenge was resolved or why it is ongoing;
"(6) Budgetary requirements and programming needs necessary for the successful execution of the strategic plan; and
"(7) Recommendations for future actions, policy changes, or resource allocations based on the findings of the fiscal year.
"(e) There is established an Advisory Council to the Director of Emerging Adults ("Advisory Council") to guide and assist the Director in fulfilling the Director's duties.
"(f) The Advisory Council shall:
"(1) Be part of the interview decision-making process for hiring the Director;
"(2) Provide expert guidance, recommendations, and feedback to the Director on matters related to emerging adults' needs and the implementation of
"(3) Meet with the Director on a quarterly basis.
"(g) The Advisory Council shall consist of the following 7 members:
"(1) Two emerging adults appointed by the Council;
"(2) One representative from the Criminal Justice Coordinating Council, appointed by the Mayor;
"(3) One representative from the State Office of Career and Technical Education, appointed by the Mayor;
"(4) One representative from the Department of Youth Rehabilitation Services, appointed by the Mayor;
"(5) One representative from the Department of Human Services, appointed by the Mayor; and
"(6) One representative, appointed by the Council, from a community-based organization with experience providing:
"(A) Physical and behavioral health services to emerging adults;
"(B) Victim services for emerging adults; or
"(C) Juvenile and criminal justice system services for emerging adults.
"(h)(1) Initial appointments to the Advisory Council shall be made within 60 days after the applicability date of section 33 of the Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345).
"(2) The Mayor and Chairman of the Council shall each designate one co-chair for the Advisory Council from among the members.
"(3) All Advisory Council members shall serve without compensation and may be reappointed.
"(4) Members of the Advisory Council shall serve a 3-year term, or until a successor has been appointed; except, that:
"(A) Of the Mayor's initial appointments, two members shall be appointed for a term of 3 years, one member shall be appointed for a term of 2 years, and one member shall be appointed for a term of one year; and
"(B) Of the Council's initial appointments, one member shall be appointed for a term of 2 years, and one member shall be appointed for a term of one year.
"(i) Three Advisory Council members shall constitute a quorum.
"(j) For the purposes of this section, the term:
"(1) "Community-based organization" means a nonprofit organization that is representative of the District or significant segments of the District and provides social, educational, or related services to individuals in the community.
"(2) "Court" means the Superior Court of the District of Columbia.
"(3) "CSOSA" means the Court Services and Offender Supervision Agency.
"(4) "Emerging adult" means an individual between the ages of 18 through 24.
"(5) "LGBTQ" shall have the same meaning as provided in
"(6) "PII" shall have the same meaning as provided in
Sec. 34. The lead-in language of section 28-5402 of the District of Columbia Official Code is amended by striking the phrase "A retailer" and inserting the phrase "Beginning January 1, 2025, a retailer" in its place.
Sec. 35. The Act to Regulate Public Conduct on Public Passenger Vehicles, effective September 23, 1975 (D.C. Law 1-18; D.C. Official Code § 35-251 et seq.), is amended as follows:
(a) Section 3 (D.C. Official Code § 35-252) is amended as follows:
(1) The existing text is designated as subsection (a).
(2) A new subsection (b) is added to read as follows:
"(b) A person who is stopped by an individual authorized to issue notices of infractions under
(b) Section 5 (D.C. Official Code § 35-254) is amended as follows:
(1) Subsection (a)(1) is amended by striking the phrase "section 3" and inserting the phrase "section 3(a)" in its place.
(2) Subsection (b) is amended by adding a new paragraph (1A) to read as follows:
"(1A) A person who refuses to provide his or her name and address, or who knowingly provides an incorrect name or address, to an authorized individual in violation of
Sec. 36. Section 4 of the Transit Operator Protection and Enhanced Penalty Amendment Act of 2008, effective July 23, 2008 (D.C. Law 17-206; D.C. Official Code § 35-261), is amended as follows:
(a) The section heading is amended to read as follows:
"Sec. 4. Notice of enhanced penalties for commission of offenses against transit operators, Metrorail station managers, Metrorail station employees, and mass transit vehicle passengers.
(b) Subsection (a)(1) is amended to read as follows:
"(1) The Washington Metropolitan Area Transit Authority shall post or otherwise provide conspicuous notice of the enhanced penalties for the commission of certain offenses against transit operators, Metrorail station managers, Metrorail station employees, and mass transit vehicle passengers in the District of Columbia pursuant to
Sec. 37. The Anti-Loitering/Drug Free Zone Act of 1996, effective June 3, 1997 (D.C. Law 11-270; D.C. Official Code § 48-1001 et seq.), is revived as of the effective date of the Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345), and amended to read as follows:
"Sec. 2. Definitions.
" For the purposes of
"(1) "Chief of Police" means the Chief of the Metropolitan Police Department as the designated agent of the Mayor.
"(2) "Controlled Substances Act" means the
"(3) "Disperse" means to depart from the designated drug free zone and not to recongregate within the drug free zone with anyone from the group ordered to depart for the purpose of committing an offense under
"(4) "Drug free zone" means public space on public property in an area not to exceed a square of 1,000 feet on each side that is established pursuant to
"(5) "Illegal drug" means the same as the term "controlled substance" in
"(6) "Known unlawful drug user, possessor, or seller" means a person who has, within the knowledge of the arresting officer, been convicted in any court of any violation involving the use, possession, or distribution of any of the substances referred to in
"(7) "Police Department" means the Metropolitan Police Department.
"Sec. 3. Procedure for establishing a drug free zone.
"(a) The Chief of Police may declare any public area a drug free zone for a period not to exceed 120 consecutive hours.
"(b) In determining whether to designate a drug free zone, the Chief of Police shall consider the following
"(1) Within the preceding 6-month period, the occurrence of a disproportionately high number of:
"(A) Arrests for the possession or distribution of illegal drugs in the proposed drug free zone;
"(B) Police reports for dangerous crimes, as that term is defined in
"(C) Police reports for crimes of violence, as that term is defined in
"(2) Any number of homicides that were committed in the proposed drug free zone;
"(3) Objective evidence or verifiable information that shows that illegal drugs are being sold and distributed on public space on public property within the proposed drug free zone; and
"(4) Any other verifiable information from which the Chief of Police may ascertain whether the health or safety of residents who live in the proposed drug free zone are endangered by the purchase, sale, or use of illegal drugs or other illegal activity.
"(c) At least 24 hours prior to the designation of the drug free zone, the Chief of Police shall notify, in writing:
"(1) The Chairman and each member of the Council of the District of Columbia of the declaration of the drug free zone and the boundaries of the drug free zone;
"(2) All licensed medical or social services clinics operating in or adjacent to the drug free zone of the declaration of the drug free zone and the boundaries of the drug free zone; and
"(3) The Deputy Mayor for Health and Human Services, the Director of the Department of Behavioral Health, the Director of the Department of Health, the Director of the Department of Human Services, the Deputy Mayor for Public Safety and Justice, the Director of the Office of Neighborhood Safety and Engagement, and the Office of the Attorney General's "Cure the Streets" program of the designation of the drug free zone, the boundaries of the drug free zone, and the need for any relevant medical or social services in the surrounding area, in order to ensure that this designation does not conflict with
"(d) The Chief of Police may not declare the same area, or an overlapping area, as a drug free zone for more than 360 consecutive hours or for more than 360 hours within a 30-day period.
"Sec. 4. Notice of a drug free zone.
" Upon the designation of a drug free zone, the Police Department shall mark each block within the drug free zone by using barriers, tape, or police officers that post the following information in the immediate area of, and borders around, the drug free zone:
"(1) A statement that it is unlawful for a person to congregate in a group of 2 or more persons for the purpose of committing an offense under
"(2) The boundaries of the drug free zone;
"(3) A statement of the effective dates of the drug free zone designation; and
"(4) Any other additional notice to inform the public of the drug free zone.
"Sec. 5. Prohibition.
"(a) It shall be unlawful for a person to congregate in a group of 2 or more within the perimeter of a drug free zone established pursuant to
"(b) In making a determination that a person is congregating in a drug free zone for the purpose of committing an offense under
"(1) The conduct of a person being observed, including that such person is behaving in a manner raising a reasonable belief that the person is engaging or is about to engage in illegal drug activity, such as the observable distribution of small packages to other persons, the receipt of currency for the exchange of a small package, operating as a lookout, warning others of the arrival of police, concealing himself or herself or any object which reasonably may be connected to unlawful drug-related activity, or engaging in any other conduct normally associated by law enforcement agencies with the illegal distribution or possession of drugs;
"(2) Information from a reliable source indicating that a person being observed routinely distributes illegal drugs within the drug free zone;
"(3) Information from a reliable source indicating that the person being observed is currently engaging in illegal drug-related activity within the drug free zone;
"(4) Such person is physically identified by the officer as a member of a gang or association which engages in illegal drug activity;
"(5) Such person is a known unlawful drug user, possessor, or seller;
"(6) Such person has no other apparent lawful reason for congregating in the drug free zone, such as waiting for a bus, being near one's own residence, or waiting to receive medical or social services;
"(7) Any vehicle involved in the observed circumstances is registered to a known unlawful drug user, possessor, or seller, or a person for whom there is an outstanding arrest warrant for a crime involving drug related activity.
"(c) The prohibition under this section shall not be applied with the primary purpose of depriving persons of social or medical services.
"(d) The Chief of Police shall issue a General Order establishing protocols to ensure that persons seeking or receiving medical or social services near or in a drug free zone are not prevented, discouraged, or otherwise deterred from seeking such services.
"Sec. 6. Penalties.
"(a) Any person who violates
"(b) The fine set forth in this section shall not be limited by
"Sec. 7. Reporting.
" No later than one year after the effective date of the Secure DC Omnibus Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version of Bill 25-345), and annually thereafter, the Chief of Police shall submit a report to the Mayor and the Chairman of the Council that shall include the following information:
"(1) The boundaries of all drug free zones declared by the Chief of Police in the past year;
"(2) A list of all drug free zones located within 100 feet of a licensed medical or social services clinic in the past year;
"(3) For each drug free zone declared, data on the following information in the 6 months prior to and up to the 6 months following the declaration of the drug free zone:
"(A) Arrests for the possession or distribution of illegal drugs in the boundaries of the drug free zone;
"(B) Police reports for dangerous crimes or crimes of violence, as those terms are defined in
"(C) The number of homicides that were committed in the boundaries of the drug free zone;
"(D) A description of the objective evidence or verifiable information demonstrating that illegal drugs were being sold and distributed on public property within the boundaries of the drug free zone prior to the designation of the drug free zone; and
"(E) Any other verifiable information from which the Chief of Police may ascertain whether the health or safety of residents who live in the boundaries of the drug free zone were being endangered by the purchase, sale, or use of illegal drugs or other illegal activity.".
Sec. 38. Chapter 39 of Title 24 of the District of Columbia Municipal Regulations (24 DCMR § 3900 et seq.), is amended as follows:
(a) Subsection 3900.5 is repealed.
(b) Subsection 3900.9 is amended to read as follows:
3900.9"(a) For any incident involving an officer-involved death or serious use of force, a member shall not review their body-worn camera recordings or any body-worn camera recordings that have been shared with them to assist in initial report writing.
"(b) A member shall indicate, when writing any initial or subsequent reports, whether the officer viewed body-worn camera footage prior to writing the report and specify what body-worn camera footage the officer viewed.".
(c) Section 3999.1 is amended as follows:
(1) The definition of "serious use of force" is amended to read as follows:
" Serious use of force" means any:
"(1) Firearm discharges by a Metropolitan Police Department officer, with the exception of a negligent discharge that does not otherwise put members of the public at risk of injury or death, or a range or training incident;
"(2) Head strikes by a Metropolitan Police Department officer with an impact weapon;
"(3) Use of force by a Metropolitan Police Department officer that:
"(A) Results in serious bodily injury;
"(B) Results in a protracted loss of consciousness, or that create a substantial risk of death, serious disfigurement, disability or impairment of the functioning of any body part or organ;
"(C) Involves the use of a prohibited technique, as that term is defined in section 3 of the Limitation on the Use of the Chokehold Act of 1985, effective January 25, 1986 (D.C. Law 6-77; D.C. Official Code § 5-125.02(6)); or
"(D) Results in a death; and
"(4) Incidents in which a Metropolitan Police Department canine bites a person."."
(2) Insert a new definition between the definitions of "next of kin" and "subject" to read as follows:
"Serious bodily injury"" means extreme physical pain, illness, or impairment of physical condition including physical injury that involves a substantial risk of death, protracted and obvious disfigurement, protracted loss or impairment of the function of a bodily member or organ, or protracted loss of consciousness.".
Sec. 39. Section 5 of the Prioritizing Public Safety Temporary Amendment Act of 2023, enacted on October 5, 2023 (D.C. Act 25-229; 70 DCR 13762), is repealed.
Sec. 40. The Second Chance Amendment Act of 2022, effective March 10, 2023 (D.C. Law 24-284; 70 DCR 913), is amended as follows:
(a) Section 101(b) is amended as follows:
(1) Amendatory section 16-802(b) is amended as follows:
"(b) Eligible criminal records and court proceedings related to citation, arrests, charges, and convictions shall be expunged pursuant to subsection (a) of this section by October 1, 2027, or within 90 days after termination of the case by the prosecutor or final disposition, whichever is later.".
(2) Amendatory section 16-805(c) is amended as follows:
(B) Paragraph (2) is amended to read as follows:
.
(b) Section 301 is amended to read as follows:
"Sec. 301. Applicability.
"This act shall apply as of October 1, 2024.".
Sec. 41. Section 7088 of the Fiscal Year 2024 Budget Support Act of 2023, effective September 6, 2023 (D.C. Law 25-50; 70 DCR 10366), is repealed.
Sec. 42. Section 102(a)(5) of the Data-Sharing and Information Coordination Amendment Act of 2010, effective December 4, 2010 (D.C. Law 18-273; D.C. Official Code § 7-242(a)(5)), is amended by striking the phrase "report required by section 1505(b-3) of the Criminal Justice Coordinating Council for the District of Columbia Establishment Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 22-4234(b-3)" and inserting the phrase "reports required by section 1505(b-3) and (d) of the Criminal Justice Coordinating Council for the District of Columbia Establishment Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 22-4234(b-3) and (d))" in its place.
Sec. 43. Section 302 of the District of Columbia Mental Health Information Act of 1978, effective March 3, 1979 (D.C. Law 2-136; D.C. Official Code § 7-1203.02), is amended by striking the phrase "section 1505(b-3) of the Criminal Justice Coordinating Council for the District of Columbia Establishment Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 22-4234(b-3)" and inserting the phrase "section 1505(b-3) and (d) of the Criminal Justice Coordinating Council for the District of Columbia Establishment Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 22-4234(b-3) and (d))" in its place.
Sec. 44. Comprehensive Public Safety Plan.
(a) The Executive Office of the Mayor shall develop and publish a Comprehensive Public Safety Plan ("Plan") no later than one year after the applicability date of this section.
(b) The Plan shall include decisions and assessments based on evidence and research on:
(1) Crime statistics that include collection of data on violent crimes, property crimes, other various types of crime, and geographic distribution of crimes;
(2) Community perception surveys, which include surveys from citizens of the District about the perception of safety, concerns with law enforcement entities, feedback on police effectiveness, and trust in law enforcement; and
(3) Data on socioeconomic factors including data on education attainment, employment status, housing stability, poverty rates, and graduation rates to identify a correlation and understand the contribution between such factors and crime.
(c) The Executive Office of the Mayor shall develop and publish an updated Plan no later than 4 years after the publication of the initial plan, and every 4 years thereafter.
Sec. 45. Applicability.
(a)(1) Sections 2, 5, 9, 14, 16, 28(b) and (c), 30(f), (g), (h), and (k), 32, 33, amendatory section 7 in section 37, 40, 41, and 44 shall apply upon the date of inclusion of their fiscal effect in an approved budget and financial plan.
(2) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.
(3)(A) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.
(B) The date of publication of the notice of the certification shall not affect the applicability of the provisions identified in paragraph (1) of this subsection.
(b) Section 12 shall apply as of July 22, 2020.
Sec. 46. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 47. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 60-day period of congressional review as provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)).
