Anti Crime Emergency Draft V3

__________________________ Councilmember Muriel Bowser

__________________________ Councilmember Jack Evans

__________________________ Councilmember Jim Graham

__________________________ Councilmember Kwame Brown

__________________________ Councilmember Tommy Wells

__________________________ Councilmember Harry Thomas, Jr.

__________________________ Councilmember David Catania

__________________________ Councilmember Mary Cheh

A BILL __________________________ IN THE COUNCIL OF THE DISTRICT OF COLUMBIA __________________________

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On an emergency basis, to create a civil action to enjoin criminal street gangs and their 24 members from engaging in activities which create a public nuisance, and to amend 25 the Omnibus Public Safety Amendment Act of 2006 to amend the definition of 26 criminal street gang; to amend the District of Columbia Theft and White Collar 27 Crimes Act of 1982 to provide for increased penalties if a person uses a stolen 28 motor vehicle to commit a crime of violence and to add threats to injure to the 29 obstruction of justice statute; to amend An Act To control the possession, sale, 30 transfer and use of pistols and other dangerous weapons in the District of 31 Columbia, to provide penalties, to prescribe rules of evidence, and for other 32 purposes so that offenses committed in other jurisdictions that would constitute a 33 crime of violence or dangerous crime if committed in the District of Columbia or 34 conduct that is substantially similar to that prosecuted as a crime of violence or 35 dangerous crime under the D.C. Official Code are considered prior offenses for the 36 purpose of sentencing for committing a crime of violence or dangerous crime while37 armed, to clarify that individuals ineligible to register a firearm under federal law 38 found in possession of a firearm can be charged with unlawful possession of a 39 firearm, and to increase the penalty for the crime of felon in possession of a firearm 40 to imprisonment for not more than 15 years and a mandatory-minimum term of 5 41

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years, if the prior felony is a crime of violence; to amend D.C. Official Code 1 section 23-1322(c) so that probable cause for the arrest of certain dangerous and 2 violent offenses will support a finding of dangerousness for pre-trial detention, and 3 to add possession of a firearm during a crime of violence and a dangerous crime, 4 and felon-in-possession of a firearm to the list of offenses where there is a 5 rebuttable presumption of dangerousness; to amend the Firearms Control 6 Registration Act of 1975 to establish a registry requiring gun law offenders to 7 register with the Metropolitan Police Department and verify their information, 8 providing penalties for non-compliance; and to create the offense of illegally 9 possessing a firearm in a motor vehicle. 10 11 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

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act may be cited as the “Summer of 2009 Crime Prevention Emergency Amendment Act of

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2009”.

14 TITLE I. ANTI-GANG CIVIL ENFORCEMENT Sec. 101. Short title.

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This title may be cited as the “Gang Civil Enforcement Act of 2009".

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Sec. 102. Findings; declaration of necessity.

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The purpose of this title is to create a mechanism so that civil actions may be brought to enjoin

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gangs and gang members from engaging in activities which create a public nuisance. In furtherance of

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this purpose, it is hereby declared that the continued growth of gangs has contributed to the increase in the 22 incidence of violent crime in the District of Columbia. Gang members intimidate the law-abiding

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residents of the area with their presence and threaten retaliation against persons who cooperate with law

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enforcement efforts. Gangs, operating as organizations, are establishing themselves within distinct

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geographic areas and are committing crimes within those areas. Citizens have noted an increase in gang- 26 related tagging and graffiti as well as gang members displaying gang colors and using gang-related hand

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signs. Gangs are also responsible for quality-of-life crimes, such as drinking and using controlled

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substances in public, and disturbing the peace. Such gang activity injures the health, safety and security

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of the District’s citizens, frightens or intimidates them, obstructs the free use of both private and public

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property, and interferes with the comfortable enjoyment of the lives and property of the District’s

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residents, and is therefore a nuisance. The enactment of this title is hereby declared to be a public

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necessity.

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Sec. 103. Definitions.

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For the purposes of this section, the term:

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(1) “Child” shall have the same meaning as provided in § 16-2301(3).”.

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(2) “Controlled substance” shall have the same meaning as provided in § 48-901.02(4).”.

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(3) “Crime of violence” shall have the same meaning as provided in § 23-1331(4).

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(4) “Criminal street gang” means an association or group of 4 or more persons that:

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(A) Has as a condition of membership or continued membership, the committing 13 of or actively participating in committing a crime of violence, as defined by § 23-1331(4); or

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(B) Has as one of its purposes or frequent activities, the violation of the criminal 15 laws of the District, another state, or the United States, except for acts of civil disobedience;

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(5) “Defined geographic area” means an area within the District, the boundaries of which 17 are described by streets, street addresses, landmarks, or other identifying information

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(6) “Drug paraphernalia” shall have the same meaning as provided in § 48-1101

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(7) “Firearm” shall have the same meaning as provided in provided in §7-2501.01(9)

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provided, that the term “firearm” shall include a destructive device as the term is defined in § 7-

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2501.01(7).

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(8) “Gang activity” means:

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(A) The violation of or attempted violation of any of the laws of the District of

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Columbia, another state, or the United States; or ( B) The use of any private place or public space in the District of Columbia as a

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base for planning or engaging in activity in another jurisdiction when such activity would constitute a

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crime in that other jurisdiction and would be substantially similar to a crime under federal or District of

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Columbia law.

6 (9) “Member of a criminal street gang” means a person who participates in or acts in

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concert with a criminal street gang. The participation or acting in concert must be more than nominal,

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passive, inactive, or purely technical. Factors the court may consider in determining whether a person is a

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member of a criminal street gang include, but are not limited to, whether:

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(A) The person has claimed or admitted membership in a criminal street gang;

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(B) A reliable informant identifies the person as a gang member;

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(C) The person associates with known gang members;

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(D) The person displays or has displayed gang symbols and/or hand signs;

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(E) The person has a gang tattoo(s);

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(F) The person attends or has attended a gang meeting; and

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(G) The person is arrested in a gang area for an offense that is part of that gang’s 17

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criminal enterprise. (10) “Public space” means a street, alley, sidewalk, bridge, path, or other vehicular or pedestrian right-of-way, a park, a public building, a private building that is open to the public, public

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housing, or the exterior of any public or private building, including yards, stairs, stoops, and porches. but 21

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not limited to

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Sec. 104. Public nuisance; per se.

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It is a per se public nuisance for a criminal street gang to engage in gang activity in any private or

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public space within a defined geographic area in the District of Columbia on 2 or more occasions when

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one such act occurs within 5000 feet and within a reasonable amount of time of any other.

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Sec. 105. Public nuisance; adverse impact on public space.

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It is a public nuisance for a criminal street gang to engage in a pattern of behavior that has 5 an adverse impact upon any considerable number of persons in a defined geographic area. An

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adverse impact means the presence of any one or more of the following conditions relating to the

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criminal street gang:

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(1) The existence of a reasonable fear of residents and other people to walk through 9 or in the defined geographic area areas;

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(2) The existence of a high number of ambulance or police calls to the defined geographic area areas;

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(3) The display of dangerous weapons or the hiding of dangerous weapons in or near the defined geographic area areas;

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(4) The sale or use of controlled substances or the hiding of controlled substances 15 in or near the defined geographic area areas;

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(5) The commission of civil infractions in or near the defined geographic area areas;

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(6) Arrests of gang members in or near the defined geographic area areas;

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(7) Seizures of gang members based upon curfew violations or truancy behavior in 20 or near the defined geographic area areas:

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(8) The execution of search warrants in or near the defined geographic area areas;

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(9) A substantial number of complaints made to law enforcement and other

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government officials about activities in the defined geographic area areas;

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(10) The discharge of a firearm in or near the defined geographic area areas; or

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(11) The existence or violation of stay-away orders or barring notices from

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locations in the defined geographic area areas.

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Sec. 106. Public nuisance; use of place

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The habitual use of a place in a defined geographic area by a criminal street gang for

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engaging in gang activity is a public nuisance.

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Sec. 107. Suit to abate nuisance.

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(a) The Attorney General for the District of Columbia may file a complaint in the Civil Division 11 of the Superior Court of the District of Columbia against a criminal street gang and its members to enjoin 12

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a public nuisance under this title.

(b) The complaint must identify the criminal street gang and allege that the criminal street gang is 14 a public nuisance within a defined geographic area. The complaint must list at least 3 criminal street

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gang members whom the Attorney General alleges should be designated to receive service on behalf of the 16

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entity.

(b)(1) The complaint shall:

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(A) Identify the criminal street gang;

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(B) Allege that the criminal street gang is a public nuisance within a

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defined geographic area, and describe the defined geographic area; and

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(C) Identify at least 3 members of the criminal street gang who the Attorney 1 General alleges should be designated to receive service on behalf of the criminal street gang as an 2 3

entity. (2) The complaint may allege that the criminal street gang is a public nuisance in

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multiple defined geographic areas; provided, that the boundaries for each alleged defined

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geographic area are described.

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(c) In addition to the criminal street gang, a member of a criminal street gang may be made a

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defendant in the suit. Any person who owns or is responsible for maintaining a place that is used by the

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criminal street gang for engaging in gang activity also may be made a defendant in the suit.

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(d) The Attorney General shall not be required to furnish bond or security.

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(e) Such actions The action shall be in equity and shall be tried without a jury.

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(f) The Attorney General must establish the existence of the public nuisance by clear and

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convincing evidence. Sec. 108. Confidentiality of identities; protection of witnesses.

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(a) (1) If proof of the existence of the public nuisance depends, in whole or in part, upon evidence 15 of delinquent conduct or information contained in juvenile case records, as that term is defined in D.C.

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Official Code § 16-2331, juvenile social file records, as that term is defined in D.C. Official Code § 16-

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2332, law enforcement records, as that term is defined in D.C. Official Code § 16-2333, or Department of 18 Youth Rehabilitation Services records, as that term is defined in the Department of Youth Rehabilitation 19 Services Establishment Act of 2004, effective April 12, 2005 (D.C. Law 15-335; D.C. Official Code § 2- 20 1515.06), the court in its discretion may issue an order to protect the child by prohibiting the release of

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identifying information about the child. Such order may include, but not be limited to, placing under seal 22 the supporting affidavits or the portions thereof that would identify, directly or indirectly, the child, and

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closing the courtroom to all persons other than the parties when matters before the court pertain to a child. 1 (b) Unless the court orders otherwise, in all filings with the court that contain a child’s name, birth 2 date, home address, or other identifying information, the party making the filing may only include the year 3 of the child's birth, the child’s initials, and the ward where the child lives, or if the child does not live in

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the District, the city and state of the child’s home address. A person making a redacted filing may also

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file an unredacted copy under seal. The court must retain the unredacted copy as part of the record. A

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child waives the protection of this paragraph as to the child's own information by filing it without

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redaction and not under seal.

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(c) If proof of the existence of the public nuisance depends, in whole or in part, upon information

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from one or more witnesses who are not law enforcement officers, the court in its discretion may issue an 10 order to protect those witnesses, including, but not limited to, placing under seal the supporting affidavits 11 or the portions thereof that would identify, directly or indirectly, the witness or witnesses and the

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information the witness or witnesses provided. The court shall issue such other orders as are necessary to 13 protect a witness who is not a law enforcement officer, including an order that the name, address,

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identifying features, and other information that, directly or indirectly, may identify a witness responding

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to interrogatories or depositions or testifying at trial shall not be disclosed to respondents or any other

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person. Upon the motion of a respondent or his/her attorney, the court may conduct an in camera, ex parte 17 hearing, under seal, attended only by the witness and the Attorney General or his/her designee, and the

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attorney(s) for the respondent(s) to verify that the witness or witnesses live in the neighborhood or are

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affected by the gang activity. If the Attorney General establishes probable cause to believe that one or

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more members of the criminal street gang have committed a crime of violence as defined in D.C. Official 21 Code § 23-1331 or have violated chapter 45 of Title 22, or if the Attorney General establishes probable

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cause to believe that there is any other reason not to disclose the name, address, identifying features, and 23

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other information that, directly or indirectly, may identify a witness who is not a law enforcement officer,

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the Court shall order that such information not be disclosed to any other person, including, but not limited 2 to the attorney’s client or any other respondent, unless the attorney for the respondent establishes by clear 3 and convincing evidence that such disclosure would not put the witness at risk.

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(d) For the purposes of this subsection, the term “law enforcement officer” does not include a law 5 enforcement officer who (A) is acting in an undercover capacity or (B) resides in the defined geographic

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area.

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Sec. 109. Service of process.

(a) The Attorney General shall file the complaint, a motion to designate persons to receive service 9 on behalf of the criminal street gang, and a motion for a preliminary injunction. (b) Upon the filing of the complaint, the court shall issue a hearing date for the motion to

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designate persons to receive service on behalf of the criminal street gang and the motion for a preliminary 12

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injunction. (c) Notice of the hearing shall be served together with a copy of the complaint, motion to designate persons to receive service on behalf of the criminal street gang, and motion for a preliminary

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injunction upon one or more persons who have been identified as criminal street gang members in section 16

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107(b). (d) Service of process may also be made in court on any named members of the criminal street

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gang who appear at the hearing on the motions to designate persons to receive service on behalf of the

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criminal street gang and for preliminary injunction.

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(e) Members of the Metropolitan Police Department are authorized to effect service of process

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required by this title. Sec. 110. Preliminary injunction hearing; designation of persons to receive process.

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(a) At the hearing on the motions to designate persons to receive service on behalf of the criminal 1 street gang and for preliminary injunction, the Attorney General shall submit documentation or other

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evidence showing that the persons named in the motion are members of the criminal street gang. The

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Attorney General may supplement the documentation with evidence presented at the hearing. [Evidence

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which is material and relevant shall be admissible at the hearing.

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(b) If the Attorney General proves by clear and convincing evidence the existence of the criminal

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street gang and that one or more of the persons served with the motion to designate are members of the

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criminal street gang, the court shall designate such individuals as representatives of the criminal street

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gang. Service of process may also be made in court on any named members of the criminal street gang

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who appear at the hearing.

(c) If it appears at the hearing, by affidavit or otherwise, that there is a substantial likelihood that 11 the government will be able to prove, by clear and convincing evidence, that a public nuisance exists

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within the defined geographic area, the court may enter an order preliminarily enjoining the nuisance and 13 granting such other relief as the court may deem appropriate, including those remedies provided in section 14

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111.

(d) The government need not prove irreparable harm to obtain a preliminary injunction.

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(e) Where appropriate, the court may order a trial of the action on the merits to be advanced and

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consolidated with the hearing on the motion for preliminary injunction. (f) Nothing in this section shall be construed to prohibit the application for or the granting of a temporary restraining order, or other equitable relief provided by law.

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Sec. 111 Permanent injunction.

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(a) A hearing shall be held on the complaint.

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(b)(1) The Attorney General must establish by clear and convincing evidence:

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(A) The existence of the criminal street gang;

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(B) That the criminal street gang constitutes a public nuisance within a

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defined geographic area; and (C) That named defendants and identified individuals who are to be made subject to the injunction are members of the criminal street gang.

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(2) If the complaint alleges that the criminal street gang constitutes a public

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nuisance within multiple defined geographic areas, the Attorney General must establish the

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existence of a public nuisance within each defined geographic area before an injunction may be

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issued under subsection (c) of this section covering that defined geographic area.. The court may

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issue a single injunctive order covering all of the defined geographic areas; provided, that the

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Attorney General has proven the existence of a public nuisance in each defined geographic area.

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(c) If the court finds that a criminal street gang constitutes a public nuisance within a defined

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geographic area, the court shall enter an order permanently enjoining, abating, and preventing the

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continuance or recurrence of the nuisance. The court order shall be directed against the criminal street

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gang and its respective members, who shall be listed in an attachment to the order, prohibiting specified

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activities in a defined geographic area determined by the court in defined geographic areas. The court

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shall define the geographic areas in the injunction so that it is reasonably drawn to encompass the area for 17 which the court has found that the a public nuisance exists and must be abated and a reasonable boundary 18 around the area to prevent displacement of the nuisance. The court shall draw the boundaries for the

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defined geographic area to be covered by the injunction so as to encompass reasonably the area for which 20 the court has found a public nuisance exists and must be abated, which may include a reasonable buffer

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zone around the area to prevent displacement of the nuisance.

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(d) The order shall enjoin: (1) The criminal street gang and its respective members from engaging in gang activities;

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and (2) The criminal street gang members from congregating with one or more other criminal

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street gang members members of the criminal street gang in public space within the defined geographic

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area areas.

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(e) The order also may impose other reasonable requirements to prevent the criminal street gang

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from engaging in future gang activities. These requirements may include, but are not limited to,

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prohibiting criminal street gang members from:

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(1) Confronting, intimidating, annoying, harassing, threatening, challenging, provoking,

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or assaulting any person;

(2) Possessing or knowingly remaining in the presence of anyone who is in possession of 12

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any firearm, ammunition, or other weapon; (3) The unlawful possession of any controlled substance or drug paraphernalia or

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knowingly remaining in the presence of anyone who is in possession of any controlled substance or drug 15

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paraphernalia;

(4) Being present on any private property within a the defined geographic area without the 17

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written consent of the owner; (5) Defacing any public or private property;

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(6) Possessing graffiti material, as that term is defined in the Anti-Intimidation and

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Defacing of Public or Private Property Criminal Penalty Act of 1982, effective June 12, 2001 (D.C. Law 21 4-203; D.C. Official Code § 22-3312.05(5)), with the intent to place graffiti on property without the

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consent of the owner; and

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(7) Violating a court-defined curfew. (f) The Order order may also require that any person who is served with a copy of the order shall not disclose any identifying information about a child who is also subject to the order or who had been

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subject to the order previously. Nothing in this subsection paragraph shall be construed to prohibit a 4

person from revealing information about such a child to his or her attorney. Sec. 112. Issuance, service, and enforcement of permanent injunction.

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(a) The order may be issued against all members of the criminal street gang who have been served 7 pursuant to subsection (g)(3) section 709(c) or a person who comes under the terms of the court order

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pursuant to paragraph (h)(5) subsection (c) of this section without the necessity of proving that each of

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them personally participated in the gang activity that supports the granting of the injunction.

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(b) A member of the criminal street gang or a person who comes under the terms of the court

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order pursuant to paragraph (5) subsection (c) of this section will not be subject to enforcement of the

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Gang injunction , unless he or she has been personally served with the injunction.

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(c) In addition to the criminal street gang, and its members listed in an attachment to the order,

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any court order issued pursuant to paragraph (1) section 711 shall also be effective as to other criminal

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street gang members, if:

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(1) The Office of the Attorney General files a motion to add another criminal street gang 17 member(s) to the injunction and that motion is served upon that individual(s);

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(2) At a hearing, the Office of the Attorney General presents information to the court that 19 the person was a member of the criminal street gang at the time that the suit was filed but that the person 20 was not served pursuant to section (g)(3) section 709(c), or that the person has joined a criminal street

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gang after the filing of the suit;

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(3) The court, after reviewing the information, determines by clear and convincing

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evidence that the person was a member of the criminal street gang at the time that the suit was filed but

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was not made a party to that suit or has joined the criminal street gang after the filing of the suit, and

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therefore should be added to the list of persons subject to the injunctive relief;

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(4) A copy of the court order and list of the persons who are subject to the order is served 4

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upon the person; and (5) A copy of the return of service on the person is filed in the Superior Court.

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(d) After a copy of the return of service is filed with the court, pursuant to paragraph (i)(5)(E), the 7 court shall add each new person to the list attached to the order of gang members. The court shall then

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send a copy of the order, including the updated list, to the last known address of all persons on the list.

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(e) If the court finds that a place is used in a manner that constitutes a public nuisance, the court

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may issue an order establishing reasonable requirements to prevent the use of the place for gang activity. 11 Sec. 113. Injunction time limit.

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Unless renewed, the order directed against individual members of the criminal street gang shall

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exist for a maximum of 5 years. (1) The Attorney General may petition for renewal of the injunction upon showing by

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clear and convincing evidence that nuisance activity, furthered by the criminal street gang members, still 16 exists. The defined geographic area remains no larger than necessary to abate the nuisance. The Attorney 17 General need no reestablish the existence of the criminal street gang or an individual’s gang membership; 18 (2) All enjoined individuals shall be reserved with notice of these renewal proceedings and afforded an opportunity to respond to the Attorney General’s renewal petition. Sec. 114. Injunction review and termination of gang affiliation.

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(a) Any person who is the subject of a gang injunction may petition the court at any time to 22 have the injunction lifted as to that individual because that person has both dissociated him or

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herself from the gang and is no longer involved in criminal activity has:

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(1) Disassociated from the gang; and

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(2) Is no longer involved in criminal activity.

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(b) In addition to any other factors, which the court sitting as a court of equity may

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consider, the court shall consider the following factors in determining if the injunction should be

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lifted:

6 (1) Length of time that the person has been disassociated with the gang and gang activity; 7 (2) Length of time that the person has been disassociated with criminal activity;

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(3) Length of time since that person has been incarcerated, on probation, or parole, or

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otherwise subject to court supervision; (4) Establishment of residency outside the enjoined area;

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(5) Obtaining of a high school or general equivalency diploma ("GED") or other

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educational or vocational certificate after the imposition of the injunction,

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(6) Establishment and maintenance of gainful employment; and

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(7) Completion of a court approved program which: promotes a gang-free lifestyle,

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identifies gang issues and options to participation, makes the person aware of the consequences of 16 their own behavior and the gang’s behavior on self and others, or otherwise is designed to reduce 17 the likelihood of continued participation in a gang.

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(A) Promotes a gang-free lifestyle;

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(B) Identifies gang issues and options to participation;

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(C) Makes the person aware of the consequences of their own behavior and 21 the gang’s behavior on self and others; or

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(D) Otherwise is designed to reduce the likelihood of continued participation in a gang.

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(c) The Office of the Attorney General, in consultation with the Metropolitan Police Department,

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will promulgate regulations within 120 days of the effective date of this act detailing the process a person

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may utilize to obtain the government’s assistance in lifting the injunction. Prior to filing a motion to lift

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the injunction, a person may follow the procedures outlined in the regulations. Upon the submission,

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review, and corroboration of the materials submitted pursuant to these regulations, the Office of the

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Attorney General may agree not to oppose a petition filed by a gang member to be released from the court 8

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order. (n) Whenever service of process is required under this section, members of the Metropolitan Police Department are authorized to effect such service. Sec. 115. Continuation of activities pending trial or appeal; appeal.

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If an appeal is not taken by a person temporarily enjoined under this title, the person is entitled to 13

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a trial on the merits.

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Sec. 116. Injunction for specified period.

In addition to any other order that may be issued under this section or other law, a court of appeals 16 or a trial court acting under section (h)(2) 111 may issue an order under this section stating that the

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injunction remains in effect during the course of the trial or until lifted by the court.

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Sec. 117. Violation of court order.

A person who violates a temporary or permanent injunctive order under this title is subject to the 20

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following sentences for contempt: (1) A fine of not more than $1,000;

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(2) Imprisonment for not less than 30 days nor more than 180 days; or

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(3) Both. Sec. 118. Construction. Interpretation.

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(a) This section shall be construed liberally in accordance with its remedial purposes.

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(b) Establishment The definition of a public nuisance shall not be subject to any restrictions or

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limitations upon public or private nuisance actions at common law. (c) This action is civil in nature and none of its provisions should be construed interpreted as

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punishment. Sec. 119. Conforming amendments.

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(p) Section 101(e)(1) of the Omnibus Public Safety Amendment Act of 2006, effective April 24,

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2007 (D.C. Law 16-306; D.C. Official Code § 22-951(e)(1) (2008 Supp.), is amended by striking the

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number “6” and inserting the number “4” in its place.

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(q) (1) D.C. Official Code § 16-2331 is amended by adding a new paragraph (b) (14) to read as

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follows:

“(14) any court for the purpose of litigating a matter brought pursuant to section 14 102 of the Omnibus Anti-Crime Emergency Amendment Act of 2009 and all parties to that

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litigation.”

16 (2) D.C. Official Code § 16-2332 is amended by adding a new paragraph (b)(1)(K) to read 17

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as follows: “(K) any court for the purpose of litigating a matter brought pursuant to section

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102 of the Omnibus Anti-Crime Emergency Amendment Act of 2009 and all parties to that

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litigation.”

21 (3) D.C. Official Code § 16-2333 is amended by adding a new paragraph (b)(13) to read 22

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as follows:

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“(13) any court for the purpose of litigating a matter brought pursuant to section

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102 of the Omnibus Anti-Crime Emergency Amendment Act of 2009 and all parties to that

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litigation.”

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(a) Chapter 23 of Title 16 of the District of Columbia Official Code is amended as follows:

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(1) Section 16-2331(b) is amended by adding a new paragraph (14) to read as follows: “(14) any court for the purpose of litigating a matter brought pursuant to Title VII

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of the Omnibus Anti-Crime Emergency Amendment Act of 2009 and all parties to that

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litigation.”.

9 (2) Section 16-2332(b)(1) is amended by adding a new subparagraph (K) to read as 10

follows:

11 “(K) any court for the purpose of litigating a matter brought pursuant to

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Title VII of the Omnibus Anti-Crime Emergency Amendment Act of 2009 and all parties to that 13 litigation.”.

14 (3) Section 16-2333(b) is amended by adding a new paragraph (13) to read as

follows:

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“(13) any court for the purpose of litigating a matter brought pursuant to Title VII 17 of the Omnibus Anti-Crime Emergency Amendment Act of 2009 and all parties to that

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litigation.”.

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(b) Section 101(e)(1) of the Omnibus Public Safety Amendment Act of 2006, effective

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April 24, 2007 (D.C. Law 16-306; D.C. Official Code § 22-951(e)(1)), is amended by striking the 2 number “6” and inserting the number “4” in its place.

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TITLE II. WHITE COLLAR THEFT AND UNAUTHORIZED USE OF A VEHICLE

4

Sec. 201. Short title.

5

This title may be cited as the “White Collar Theft and Unauthorized Use of a Vehicle

6

Amendment Act of 2009”

7

Sec. 202. Use of a stolen vehicle; obstruction of justice.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 paragraph (2) is added to read as follows:

8 9 10 11

“(2) A person who violates subsection (b) of this section shall, if the person takes, 12 uses, or operates the motor vehicle, or causes the motor vehicle to be taken, used or operated,

13

during the course of or to facilitate a crime of violence, be fined not more than $50,000 or

14

imprisoned for not more than 15 years, or both, in addition to the penalty provided for such crime 15 of violence, and shall, if serious bodily injury results, be imprisoned for not less than five years.

16

(b) Sections 502(a)(4) and (a)(5) (D.C. Official Code § 22-722(a)(4) and (5)) are

17

amended by adding the phrase “or threatens to injure” after the word “Injures”.

18

TITLE III. UNLAWFUL POSSESSION OF A FIREARM.

19

Sec. 301. Short title.

20

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This title may be cited as the “Unlawful Possession of a Firearm Amendment Act of 2009”.

1 2

Sec. 302. Unlawful possession of a firearm. Act To control the possession, sale, transfer

3

and use of pistols and other dangerous weapons in the District of Columbia, to provide penalties,

4

to prescribe rules of evidence, and for other purposes, approved July 8, 1932 (47 Stat. 650; D.C.

5

Official Code § 22-4501, et seq.), is amended as follows:

6

(a) Section 2 (D.C. Official Code § 22-4502(a)(2)) is amended by inserting after the term

7

“Columbia,” the phrase “or an offense in any other jurisdiction that would constitute a crime of

8

violence or dangerous crime if committed in the District of Columbia, or conduct that is

9

substantially similar to that prosecuted as a crime of violence or dangerous crime under the

10

District of Columbia Official Code.”.

11

(b) Section 3 (D.C. Official Code § 22-4503) is amended to read as follows:

12

“(a) No person shall own or keep a firearm, or have a firearm in his or her possession or

13

under his or her control, within the District of Columbia, if such person:

14

“(1) Has been convicted in any court of a crime punishable by imprisonment for a 15 term exceeding one year;

16

“(2) Is not licensed under § 22-4510 to sell weapons, and such person has been convicted of violating this chapter.

17 18

“(3) Is a fugitive from justice;

19

“(4) Is an unlawful user of or addicted to any controlled substance (as defined in

20

D.C. Official Code Title 48, Subchapter II);

21

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“(5) Has been adjudicated incompetent; has been civilly committed after having

1

been found likely to injure self and/or others if not immediately hospitalized or committed; has

2

been found or pled not guilty by reason of insanity to any offense; has been committed to or

3

placed with the Department of Mental Health, the Department on Disability Services, an

4

equivalent public agency in another jurisdiction, or any private provider of services to persons

5

with mental illness or developmental disabilities;

6

“(6) Has been discharged from the Armed Forces under dishonorable conditions;

7

“(7) Is subject to a court order that--

8

(A) (i) was issued after a hearing of which such person received actual

9

notice, and at which such person had an opportunity to participate or (ii) remained in effect after 10 such person failed to appear for a hearing of which such person received actual notice; and

11

(B) restrains such person from assaulting, harassing, stalking, or threatening12 the petitioner or any other person named in the order; or “(8) Has been convicted of an intrafamily offense (as defined in D.C. Code § 161001) or a substantially similar offense in another jurisdiction.

13 14 15

“(b) A person who violates subsection (a)(1) of this section shall be sentenced to a term of 16 imprisonment of not more than 10 years and shall be sentenced to a mandatory minimum term of 17 1 year, unless she or he has a prior conviction for a crime of violence other than conspiracy, in

18

which case she or he shall be sentenced to a term of imprisonment of not more than 15 years and 19 shall be sentenced to a mandatory minimum term of imprisonment of 5 years. A person sentenced 20 to a mandatory minimum term of imprisonment shall not be released from prison or granted

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probation or suspension of sentence prior to serving the mandatory minimum sentence. “(c) A person who violates subsection (a)(2) through (a)(8) of this section shall be

1 2

sentenced to not less than one year nor more than 10 years or fined not more than $10,000, or

3

both.

4 “(d) The term “crime of violence” as used in this section means a crime of violence as

defined by D.C. Official Code § 23-1331, or a crime under the laws of any other jurisdiction that

5 6

is defined as a crime of violence in that jurisdiction, or that involved conduct that would constitute 7 a crime of violence if committed in the District of Columbia or prosecuted under the District of

8

Columbia Official Code, or conduct that is substantially similar to that prosecuted as a crime of

9

violence under the District of Columbia Official Code.”.

10

TITLE IV. PRE-TRIAL DETENTION.

11

Sec. 401. Short title.

12

This title may be cited as the “Pre-Trial Detention Amendment Act of 2009”.

13

Sec. 402. Pre-trial Detention.D.C. Official Code § 23-1322(c) is amended as follows:

14

(a) By striking the phrase “substantial probability” and inserting the phrase “probable

15

cause” in its place; and

16

(b) By amending paragraph (7) to read as follows:

17

“(7) Violated D.C. Official Code § 22-4504(a) (carrying a pistol without a license); D.C.

18

Official Code § 22-4504(a-1) (carrying a rifle or shotgun); D.C. Official Code § 22-4504(b)

19

(possession of a firearm during the commission of a crime of violence or dangerous crime); or

20

D.C. Official Code § 22-4503 (unlawful possession of a firearm); ”.

21

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TITLE V. GUN-OFFENDER REGISTRATION.

1

Sec. 501. Short title.

2

This title may be cited as the “Gun-Offender Registration Amendment Act of 2009”

3

Sec. 502. Gun-Offender Registration.

4

The Firearms Control Regulations Act of 1975, effective September 24, 1976 (D.C. Law

5

1-85; D.C. Official Code § 7-2501.01 et seq.) is amended to add a new title entitled “Title VIII .

6

GUN OFFENDER REGISTRY.” to read as follows:

7

“Sec. 801. Definitions.

8

“For purposes of this title, the term:

9

“(1) “Attend school” means to be enrolled on a full-time or part-time basis in any type of 10 public or private career, secondary, or higher education institution.

11

“(2) “Career education institution” means organized educational programs that are directly 12 related to the preparation of individuals for paid or unpaid employment in current or emerging

13

occupations requiring other than a baccalaureate or advanced degree, including vocational,

14

occupational, and applied technology education.

15

“(3) “Chief” means the Chief of Police of the Metropolitan Police Department of the District of Columbia or his or her designated agent. “(4) “Correctional facility” means any building or group of buildings and concomitant services operated as a single management unit by the District of Columbia Department of

16 17 18 19

Corrections, or a similar federal, state, county or local government agency, or a contractor to such 20 an agency, for the purpose of housing and providing services to persons ordered confined pending 21

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trial, sentencing, or incarcerated following sentencing for a violation of law.

1

“(5) “Department” means the Metropolitan Police Department of the District of Columbia. 2 “(6) “Gun offender” means a person who committed a gun offense in the District or

3

another jurisdiction and, within the registration period established pursuant to section 803,

4

remains in or enters the District to live, work or attend school.

5

“(7) “Gun offense” means any offense involving the sale, purchase, transfer, receipt,

6

acquisition, possession, use, manufacture, carrying, transportation, registration, or licensing of a

7

firearm, as defined by section 101(9) of the Firearms Control Regulations Act of 1975 (D.C.

8

Official Code § 7-2501.01(9)), including but not limited to a conviction for violating this act or

9

An Act To control the possession, sale, transfer, and use of pistols and other dangerous weapons 10 in the District of Columbia, to provide penalties, to prescribe rules of evidence, and for other

11

purposes, approved July 8, 1932 (47 Stat. 650; D.C. Official Code § 22-4501 et seq.).

12

“(8) “Higher education institution” means an educational institution within the District or 13 a state that provides an educational program for which it awards an associate’s degree, bachelor's 14 degree and/or a professional or graduate degrees.

15

“(9) “Intermittently” means a period of time exceeding fourteen (14) consecutive days or 16 an aggregate period of time exceeding thirty (30) days in any calendar year. A part of any day

17

constitutes a “day” for purposes of this definition.

18

“(10) “Live” means to have a domicile, to reside or to stay overnight in the District of Columbia, permanently or intermittently.

19 20

“(10) “Secondary education institution” means an institutional day or residential school,

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21

including a public secondary charter school, providing education after elementary school and

1

through the 12th grade as determined under District or state law.

2

“(11) “Work” means to engage in any type of full or part-time employment, occupation,

3

internship, or other work or training program, whether paid or unpaid, that involves a person’s

4

physical presence in the District of Columbia, permanently or intermittently.

5

“Sec. 802. Duty to register and to verify.

6

“(a) A gun offender shall register or re-register with the Department:

7

“(1) within forty-eight hours of (A) release, in the event the gun offender receives a

8

sentence of imprisonment, (B) the time sentence is imposed, if such sentence does not include imprisonment, (C) entry into the District of Columbia to live, work or attend school, (D)

9 10

remaining in the District to live, work, or attend school after receipt of notice of the obligation to 11 register; or (E) changing the place where s/he lives, works or attends school in the District or

12

elsewhere.

13

“(2) by personally appearing at the Department to sign a statement under oath, verified by 14 whatever documentation may be required, that provides, to the extent it is available: “(A) The gun offender’s name, all aliases used, date of birth, sex, race,

15 16

height, weight, eye color, number of any driver’s license or non-driver photo ID card, license plate 17 number of any vehicle driven by the offender permanently or intermittently, the address of any

18

place where the gun offender lives or expects to live in the District;

19

“(B) A photograph, updated during the period of registration as described in subsection (d) of this section;

20 21

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“(C) A description of the offense for which the gun offender was convicted, the jurisdiction where the offense occurred, the date of conviction, and the sentence imposed; “(D) The name and address of any school the gun offender attends or expects to

1 2 3

attend, and whether such offender lives or will live in a facility owned or operated by such

4

school;

5 “(E) The name and address of the gun offender’s expected place of work including 6

the name and phone number of a supervisor;

7

“(F) Fingerprints; and

8

“(G) Any other relevant information required by the applicable regulations of the

9

Department.

10

“(b) During the period in which a gun offender is required to register under this title, the gun offender shall comply with the following:

11 12

“(1) Except as specified in paragraph 2 of this subsection, no later than twenty (20) 13 calendar days following each one year anniversary of the gun offender’s initial registration date,

14

the gun offender shall personally appear at such office as the Chief may direct for the purpose of 15 verifying the information required under subsection (a) of this section.

16

“(2) If a gun offender required to register under this title is confined to any federal, 17 state, or local correctional facility, residential treatment center, hospital, or institution throughout 18 the twenty (20) day period described in paragraph (1) of this subsection, the gun offender shall

19

personally appear as required by paragraph (1) within forty-eight hours of release.

20

“(3) The Department may photograph the gun offender and require the gun

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21

offender to provide such documentation as the Chief deems acceptable to verify

1

the information provided in subsection (a)(2).

2

“(c) The Department shall have the authority to maintain and operate the gun offender

3

registry for the District, including the authority to collect and maintain gun offender information

4

obtained pursuant to subsection (b) of this section and enter such information into appropriate

5

record systems and databases.

6

“Sec. 803. Registration period. A gun offender shall comply with the registration and

7

verification provisions required by section 802 for a period beginning when he or she is sentenced 8 for a gun offense and continuing until two (2) years after the expiration of any time being served on probation, parole, supervised release, or conditional release, or two (2) years after the gun

9 10

offender is unconditionally released from a correctional facility, prison, hospital or other place of 11 confinement, whichever is latest. The registration period is tolled for any time the gun offender

12

fails to register or otherwise fails to comply with the requirements of the “Gun Offender

13

Registration and Community Protection Amendment Act of 2009.”

14

“Sec. 804. Certification duties of the Superior Court of the District of Columbia.

15

“(a) Upon a defendant’s conviction for a gun offense, the Superior Court of the District of 16 Columbia shall enter an order certifying that the defendant is a gun offender. The Court shall

17

advise the gun offender of his or her duties under this title, order the gun offender to report to the 18 Department to register as required by the Department, and order the gun offender to comply with 19 the requirements of this title.

20

“(b) The Court shall provide to the Department, and to the Court Services and

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21

Offender Supervision Agency, a copy of the certification and order, and such other records and

1

information in its possession as will assist in the registration of the gun offender.

2

“(c) In any case where the Court orders the release of a gun offender into the community

3

following a period of detention, incarceration, confinement, civil commitment, or hospitalization, 4 the Court shall provide the gun offender with a copy of the order required under subsection (a) of

5

this section and require the gun offender to read and sign the copy of the order.

6

“(d) The applicability of the requirements of this title to a person otherwise subject to the

7

title does not depend on the Court informing a gun offender of his or her obligations under this

8

title or making a certification under subsection (a) of this section. The Court is required to enter

9

an order certifying that a person is a gun offender only when: “(1) A defendant is convicted of a gun offense before the Court;

10 11

“(2) The Court orders the release of a gun offender into the community following a 12 period of detention, incarceration, confinement, civil commitment, or hospitalization; or

13

“(3) The government makes a motion for such a certification and the Court grants 14 the motion.

15

“Sec. 805. Sharing of registration information; Freedom of Information Act Exception.

16

“(a) Gun offender registration information shall not be made available except as

17

authorized under subsection (b) of this section. No gun offender registration information shall be 18 available as a public record under section 2 of the Freedom of Information Act of 1976, effective 19 March 29, 1977 (D.C. Law 1-96; D.C. Official Code § 1-1522).

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20

“(b) The Department is authorized to make gun offender registration information available 1 to other local, state or federal government agencies. “Sec. 806. Rulemaking. The Chief may make and promulgate such rules and regulations and establish such forms as are necessary to carry out the provisions of this title.

2 3 4

“Sec. 807. Detention

5

“(a) Notwithstanding any other provision of law or regulation, if a judicial officer finds

6

probable cause that a person violated any provision of the “Gun Offender Registration and

7

Community Protection Amendment Act of 2009,” the person shall be detained as follows:

8

“(1) If the person is on probation, parole, supervised release, or conditional release, 9 he or she shall be detained until his or her status has been reviewed by the United States Parole

10

Commission or the court or until final disposition, including sentencing as applicable, of the

11

criminal charge of violating the “Gun Offender Registration and Community Protection

12

Amendment Act of 2009,” whichever occurs later.

13

“(2) If the person is otherwise subject to the “Gun Offender Registration and

14

Community Protection Amendment Act of 2009,” there shall be a rebuttable presumption under

15

D.C. Official Code § 23-1322(c) that no condition or combination of conditions of release will

16

reasonably assure the safety of any other person or the community.

17

“(3) If the person is found guilty of violating the “Gun Offender Registration and

18

Community Protection Amendment Act of 2009” he or she shall be detained pending sentencing. 19 “Sec. 808. Penalties; mandatory release condition.

20

“(a) Any violation by a gun offender of this title or of rules or regulations established

21

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pursuant to this title, including but not limited to any failure to register, verify, or update

1

information in the manner and within the time periods provided for in this title, shall be a

2

misdemeanor punishable by a fine of not more than $1,000 or imprisonment of not more than 180 3 days, or both.

4

“(b) Each day that a person violates, or fails to comply with, this title shall constitute a

5

separate offense and the penalties described in subsection (a) of this section shall be applicable to 6 each separate offense.

7

“(c) Failure to receive any form shall not excuse any violation of this title.

8

“(d) In the event that a gun offender convicted under this section has a prior conviction

9

under this section or a prior conviction in any federal, state, or local jurisdiction for failing to

10

comply with the requirements of a gun offender registration program, the gun offender shall be

11

fined not more than $25,000, or imprisoned for not more than 5 years, or both.

12

“(e) Compliance with the requirements of this title, including any rules or regulations

13

adopted by the Department pursuant to this title, shall be a mandatory condition of probation,

14

parole, supervised release, and conditional release for any gun offender convicted in the District of15 Columbia.”.

16

TITLE VI. PRESENCE IN A MOTOR VEHICLE CONTAINING A FIREARM.

17

Sec. 601. Short title.

18

This title may be cited as the “Illegal Presence in a Motor Vehicle Containing a Firearm

19

Act of 2009”

20

Sec. 602. Illegal presence in a motor vehicle with a firearm.

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21

(a) It is unlawful for a person to be voluntarily in a motor vehicle if that person knows that 1 a firearm is in the vehicle, unless the firearm is being lawfully carried or lawfully transported.

2

(b)(1) A person who violates this section shall be fined not more than $5,000 or

3

imprisoned for not more than 5 years, or both; or (2) If the violation of this section occurs after a person has been convicted in the

4 5

District of Columbia of a violation of Section 4(a) of An Act To control the possession, sale,

6

transfer and use of pistols and other dangerous weapons in the District of Columbia, to provide

7

penalties, to prescribe rules of evidence, and for other purposes, approved July 8, 1932 (47 Stat.

8

650; D.C. Official Code § 22-4504(a)), or of a felony, either in the District of Columbia or another 9 jurisdiction, the person shall be fined not more than $10,000 or imprisoned for not more than 10 10 years, or both.

11

(c) Section 4(a)(2) of An Act To control the possession, sale, transfer and use of pistols

12

and other dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules 13 of evidence, and for other purposes, approved July 8, 1932 (47 Stat. 650; D.C. Official Code § 22-14 4504(a)(2)), is amended to read as follows:

15

“(a)(2) If the violation of this section occurs after a person has been convicted in the District of Columbia of a violation of this section, of section 220 of the Omnibus Anti-Crime

16 17

Amendment Act of 2009, or of a felony, either in the District of Columbia or another jurisdiction, 18 the person shall be fined not more than $10,000 or imprisoned for not more than 10 years, or

19

both.”.

20 TITLE VII. FISCAL IMPACT STATEMENT. Sec. 8. Fiscal impact statement.

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21

The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal

1

impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act,

2

approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).

3

TITLE VIII. EFFECTIVE DATE. Sec. 9. Effective date.

4

This act shall take effect following approval by the Mayor (or in the event of veto by the

5

Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 6 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a)

7

of the District of Columbia Home Rule Act, approved December 24, 1973 (87

8

Stat. 788; D.C. Official Code § 1-204.12(a)).

9 10

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