District of Columbia Council Period 23 Status: Enacted

B 23-0826 — Comprehensive Policing and Justice Reform Second Temporary Amendment Act of 2020

Last action — Law L23-0151, Effective from Dec 03, 2020 Published in DC Register Vol 67 and Page 14603

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Council
  4. ✓
    To Executive
  5. 5
    Enacted

This bill has been enacted into law. Introduced July 06, 2020. Enacted.

Prognosis

Advancing 60% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 13 sponsors

    13 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

770 added · 781 removed

770 line(s) added, 781 removed.

→
Previous
Latest
_____________________________ ______________________________ Chairman Phil Mendelson Councilmember Charles Allen 4 ______________________________ ______________________________ Councilmember Anita Bonds Councilmember Mary M.
ENROLLED ORIGINAL AN ACT ___________ IN THE COUNCIL OF THE DISTRICT OF COLUMBIA ___________________________ To provide, on a temporary basis, for comprehensive policing and justice reform for District residents and visitors, and for other purposes.
Cheh 8 ______________________________ ______________________________ Councilmember Vincent C.
Gray Councilmember David Grosso ______________________________ ______________________________ Councilmember Kenyan R.
McDuffie Councilmember Brianne K.
Nadeau ______________________________ ______________________________ Councilmember Brooke Pinto Councilmember Elissa Silverman ______________________________ ______________________________ Councilmember Brandon T.
Todd Councilmember Robert C.
White, Jr.
______________________________ Councilmember Trayon White, Sr.
A BILL ____________ IN THE COUNCIL OF THE DISTRICT OF COLUMBIA ___________________________ To provide, on a temporary basis, for comprehensive policing and justice reform for District residents and visitors, and for other purposes.
IMPROVING POLICE ACCOUNTABILITY AND TRANSPARENCY .............3 SUBTITLE A.
IMPROVING POLICE ACCOUNTABILITY AND TRANSPARENCY .............
PROHIBITING THE USE OF NECK RESTRAINTS...............................3 SUBTITLE B.
2 SUBTITLE A.
IMPROVING ACCESS TO BODY-WORN CAMERA VIDEO RECORDINGS .....................................................................................................................4 SUBTITLE C.
PROHIBITING THE USE OF NECK RESTRAINTS...............................................................2 SUBTITLE B.
OFFICE OF POLICE COMPLAINTS REFORMS...................................5 SUBTITLE D.
IMPROVING ACCESS TO BODY-WORN CAMERA VIDEO RECORDINGS............................3 SUBTITLE C.
USE OF FORCE REVIEW BOARD MEMBERSHIP EXPANSION.....11 SUBTITLE E.
OFFICE OF POLICE COMPLAINTS REFORMS...................................................................6 SUBTITLE D.
ANTI-MASK LAW REPEAL....................................................................13 SUBTITLE F.
USE OF FORCE REVIEW BOARD MEMBERSHIP EXPANSION...........................................7 SUBTITLE E.
LIMITATIONS ON CONSENT SEARCHES ..........................................13 SUBTITLE G.
ANTI-MASK LAW REPEAL.............................................................................................8 SUBTITLE F.
LIMITATIONS ON CONSENT SEARCHES .........................................................................8 SUBTITLE G.
RECONSTITUTING THE POLICE OFFICERS STANDARDS AND TRAINING BOARD ...............................................................................................................................15 SUBTITLE H.
RECONSTITUTING THE POLICE OFFICERS STANDARDS AND TRAINING BOARD................................................................................9 SUBTITLE H.
IDENTIFICATION OF MPD OFFICERS DURING FIRST AMENDMENT ASSEMBLIES AS LOCAL LAW ENFORCEMENT............................17 SUBTITLE I.
IDENTIFICATION OF MPD OFFICERS DURING FIRST AMENDMENT ASSEMBLIES AS LOCAL LAW ENFORCEMENT....................................................................................................................11 SUBTITLE I.
PRESERVING THE RIGHT TO JURY TRIAL.......................................17 SUBTITLE J.
PRESERVING THE RIGHT TO JURY TRIAL ......................................................................11 SUBTITLE J.
REPEAL OF FAILURE TO ARREST CRIME........................................18 SUBTITLE K.
REPEAL OF FAILURE TO ARREST CRIME.......................................................................11 SUBTITLE K.
AMENDING MINIMUM STANDARDS FOR POLICE OFFICERS ....18 SUBTITLE L.
AMENDING MINIMUM STANDARDS FOR POLICE OFFICERS ........................................11 SUBTITLE L.
POLICE ACCOUNTABILITY AND COLLECTIVE BARGAINING AGREEMENTS..................................................................................................................19 SUBTITLE M.
POLICE ACCOUNTABILITY AND COLLECTIVE BARGAINING AGREEMENTS......................12 SUBTITLE M.
OFFICER DISCIPLINE REFORMS.......................................................19 SUBTITLE N.
OFFICER DISCIPLINE REFORMS..................................................................................12 SUBTITLE N.
USE OF FORCE REFORMS....................................................................20 SUBTITLE O.
USE OF FORCE REFORMS...........................................................................................13 SUBTITLE O.
RESTRICTIONS ON THE PURCHASE AND USE OF MILITARY WEAPONRY.......................................................................................................................22 SUBTITLE P.
RESTRICTIONS ON THE PURCHASE AND USE OF MILITARY WEAPONRY.......................14 ENROLLED ORIGINAL SUBTITLE P.
LIMITATIONS ON THE USE OF INTERNATIONALLY BANNED CHEMICAL WEAPONS, RIOT GEAR, AND LESS-LETHAL PROJECTILES..........23 SUBTITLE Q.
LIMITATIONS ON THE USE OF INTERNATIONALLY BANNED CHEMICAL WEAPONS, RIOT GEAR, AND LESS-LETHAL PROJECTILES..........................................................................................14 SUBTITLE Q.
POLICE REFORM COMMISSION ........................................................25 SUBTITLE R.
POLICE REFORM COMMISSION .................................................................................15 SUBTITLE R.
METRO TRANSIT POLICE DEPARTMENT OVERSIGHT AND ACCOUNTABILITY..........................................................................................................26 TITLE II.
METRO TRANSIT POLICE DEPARTMENT OVERSIGHT AND ACCOUNTABILITY................16 TITLE II.
BUILDING SAFE AND JUST COMMUNITIES................................................31 SUBTITLE A.
BUILDING SAFE AND JUST COMMUNITIES.................................................
RESTORE THE VOTE.............................................................................31 TITLE III.
19 SUBTITLE A.
RESTORE THE VOTE...................................................................................................19 TITLE III.
EFFECTIVE DATE..33 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Comprehensive Policing and Justice Reform Second Temporary Amendment Act of 2020”.
EFFECTIVE DATE.
20 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Comprehensive Policing and Justice Reform Second Temporary Amendment Act of 2020”.
The Limitation on the Use of the Chokehold Act of 1985, effective January 25, 1986 (D.C.
The Limitation on the Use of the Chokehold Act of 1985, effective January 25, (D.C.
Hundreds of thousands, if not millions, of people in cities and states across the world, including in the District, have taken to the streets to peacefully protest injustice, racism, and policebrutality against Black peopleandother peopleof color.
Hundreds of thousands, if not millions, of people in cities and states across the world, including in the District, have taken to the streets to peacefully protest injustice, racism, and police brutality against Black people and other people of color.
“Sec.
ENROLLED ORIGINAL “Sec.
Official Code § 22-3571.01), or incarcerated for no more than 10 years, or both.”.
Official Code § 22- 3571.01), or incarcerated for no more than 10 years, or both.”.
Section 3 of the Federal Law Enforcement Officer Cooperation Act of 1999, effective May 9 2000 (D.C.
Section 3 of the Federal Law Enforcement Officer Cooperation Act of 1999, effective May 9, 2000 (D.C.
Section 3004 of the Body-Worn CameraRegulation and ReportingRequirements Act of 2015, effective October 22, 2015 (D.C.
Section 3004 of the Body-Worn Camera Regulation and Reporting Requirements Act of 2015, effective October 22, 2015 (D.C.
Show all 106 changed rows (66 more)
Previous
Latest
Official Code § 5-116.33), is amended as follows:
Official Code § 5- 116.33), is amended as follows:
“(I) Within 5 business days after an officer-involved death or the serious use of force, publicly release the names and body-worn camera recordings of all officers who committed the officer-involved death or serious use of force;
ENROLLED ORIGINAL “(I) Within 5 business days after an officer-involved death or the serious use of force, publicly release the names and body-worn camera recordings of all officers who committed the officer-involved death or serious use of force;
and “(ii) May, on a case-by-case basis in matters of significant public interest and after consultation with the Chief of Police, the United States Attorney's Office for the District of Columbia, and the Office of the Attorney General, publicly release any other body- worn camera recordings that may not otherwise be releasable pursuant to a FOIA request.
and “(ii) May, on a case-by-case basis in matters of significant public interest and after consultation with the Chief of Police, the United States Attorney's Office for the District of Columbia, and the Office of the Attorney General, publicly release any other body-worn camera recordings that may not otherwise be releasable pursuant to a FOIA request.
Sec.
ENROLLED ORIGINAL Sec.
“(A) Within 5 business days after an officer-involved death or the serious use of force, publicly release the names and body-worn camera recordings of all officers who committed the officer-involved death or serious use of force;
“(A) Within 5 business days after an officer-involved death or the serious use of force, publicly release the names and BWC recordings of all officers who committed the officer-involved death or serious use of force;
and “(B) By August 15, 2020, publiclyrelease thenames and body-worn camera recordings of all officers who have committed an officer-involved death since the Body- Worn Camera Program was launched on October 1, 2014;
and “(B) By August 15, 2020, publicly release the names and BWC recordings of all officers who have committed an officer-involved death since the BWC Program was launched on October 1, 2014;
and “(2) May, on a case-by-case basis in matters of significant public interest and after consultation with the Chief of Police, the United States Attorney's Office for the District of Columbia, and theOffice of the Attorney General, publicly release any other body-worn camera recordings that may not otherwise be releasable pursuant to a FOIA request.
and “(2) May, on a case-by-case basis in matters of significant public interest and after consultation with the Chief of Police, the United States Attorney's Office for the District of Columbia, and the Office of the Attorney General, publicly release any other BWC recordings that may not otherwise be releasable pursuant to a FOIA request.
“(b)(1) The Mayor shall not release a body-worn camera recording pursuant to paragraph (a)(1) of this subsection if the following persons inform the Mayor, orally or in writing, that they do not consent to its release:
“(b)(1) The Mayor shall not release a BWC recording pursuant to paragraph (a)(1) of this subsection if the following persons inform the Mayor, orally or in writing, that they do not consent to its release:
“(A) For a body-worn camera recording of an officer-involved death, the decedent’s next of kin;
“(A) For a BWC recording of an officer-involved death, the decedent’s next of kin;
and “(B) For abody-worn camerarecording of aserious use of force, the individual against whom the serious use of force was used, or if the individual is a minor or is unable to consent, the individual’s next of kin.
and “(B) For a BWC recording of a serious use of force, the individual against whom the serious use of force was used, or if the individual is a minor or is unable to consent, the individual’s next of kin.
“(2)(A) In the event of a disagreement between the persons who must consent to the release of a body-worn camera recording pursuant to subparagraph (1) of this subsection, the Mayor shall seek a resolution in the Superior Court of the District of Columbia.
“(2)(A) In the event of a disagreement between the persons who must consent to the release of a BWC recording pursuant to subparagraph (1) of this paragraph, the Mayor shall seek a resolution in the Superior Court of the District of Columbia.
“(B) The Superior Court of the District of Columbia shall order the release of the body-worn camera recording if it finds that the release is in the interests of justice.
“(B) The Superior Court of the District of Columbia shall order the release of the BWC recording if it finds that the release is in the interests of justice.
“(c) Beforepubliclyreleasing a body-worncamerarecording of an officer-involved death, the Metropolitan Police Department shall:
“(c) Before publicly releasing a BWC recording of an officer-involved death, the Metropolitan Police Department shall:
“(1) Consult with an organization with expertise in trauma and grief on best practices for creating an opportunity for the decedent’s next of kin to view the body-worn camera recording in advance of its release;
“(1) Consult with an organization with expertise in trauma and grief on best practices for creating an opportunity for the decedent’s next of kin to view the BWC recording in advance of its release;
and “(3) Offer the decedent’s next of kin the opportunity to view the body-worn camera recording privately in a non-law enforcement setting in advance of its release, and if the next of kin wish to so view the body-worn camera recording, facilitate its viewing.”.
and ENROLLED ORIGINAL “(3) Offer the decedent’s next of kin the opportunity to view the BWC recording privately in a non-law enforcement setting in advance of its release, and if the next of kin wish to so view the BWC recording, facilitate its viewing.”.
“(a-1) Recordings related to a request from or investigation by the Chairperson of the Council Committee with jurisdiction over the Metropolitan Police Department;”.
“(a-1) Recordings related to a request from or investigation by the Chairperson of the Council Committee with jurisdiction over the Department;”.
Notwithstanding any other law, within 5 business days after a request from the Chairperson of the Council Committee with jurisdiction over the Metropolitan Police Department, the Department shall provide unredacted copies of the requested BWC recordings to the Chairperson.
Notwithstanding any other law, within 5 business days after a request from the Chairperson of the Council Committee with jurisdiction over the Department, the Department shall provide unredacted copies of the requested BWC recordings to the Chairperson.
Such body-worn camera recordings shall not be publicly disclosed by the Chairperson or the Council.”.
Such BWC recordings shall not be publicly disclosed by the Chairperson or the Council.”.
““Serioususeof force”shall havethesamemeaning asthat term isdefinedinMPDGeneral Order 901.07, or its successor directive.”.
““Serious use of force” shall have the same meaning as that term is defined in MPD General Order 901.07, or its successor directive.”.
The Board shall be composed of 9 members, which shall include one member from each Ward and one at-large member, none of whom, after the expiration of the term of the currently serving member of the MPD, shall be affiliated with any law enforcement agency.”.
The Board shall be composed of 9 members, which shall include one member from each Ward and one at-large member, none of whom, after the expiration of the term of the currently serving member of the MPD, shall be affiliated with any law enforcement agency.” in its place.
“(2) The authority granted pursuant to paragraph(1) of this subsection shall include circumstances in which the subject police officer failed to:
“(2) The authority granted pursuant to paragraph (1) of this subsection shall include circumstances in which the subject police officer failed to:
“(A) Intervene in or subsequently report any use of force incident in which the subject police officer observed another law enforcement officer, including an MPD officer, utilizing excessive force or engaging in any type of misconduct, pursuant to MPD General Order 901.07, its successor directive, or a similar local or federal directive;
ENROLLED ORIGINAL “(A) Intervene in or subsequently report any use of force incident in which the subject police officer observed another law enforcement officer, including an MPD officer, utilizing excessive force or engaging in any type of misconduct, pursuant to MPD General Order 901.07, its successor directive, or a similar local or federal directive;
or “(B) Immediately report to their supervisor any violations of the rules and regulations of the MPD committed by any other MPD officer, and each instance of their use of force or a useof force committed by another MPDofficer, pursuant to MPDGeneral Order 201.26, or any successor directive.”.
or “(B) Immediately report to their supervisor any violations of the rules and regulations of the MPD committed by any other MPD officer, and each instance of their use of force or a use of force committed by another MPD officer, pursuant to MPD General Order 201.26, or any successor directive.”.
(b) The Board shall consist of the following 13 voting members, and may also include non- voting members at the Mayor’s discretion:
(b) The Board shall consist of the following 13 voting members, and may also include non-voting members at the Mayor’s discretion:
and (B) Onemember with subject matter expertise in law enforcement oversight and the use of force;
and ENROLLED ORIGINAL (B) One member with subject matter expertise in law enforcement oversight and the use of force;
Section2(e) of the ConfirmationAct of 1978, effective March 3, 1979(D.C.
Section 2(e) of the Confirmation Act of 1978, effective March 3, 1979 (D.C.
“(40) Useof ForceReviewBoard, establishedbysection106of theComprehensive Policing and Justice Reform Second Emergency Amendment Act of 2020, passed on emergency basis on July 7, 2020 (Enrolled version of Bill 23-XXX).”.
“(40) Use of Force Review Board, established by section 106 of the Comprehensive Policing and Justice Reform Second Temporary Amendment Act of 2020, passed on 2nd reading on July 21, 2020 (Enrolled version of Bill 23-826).”.
“(i) A search will not be conducted if the subject refuses to provide consent to the search;
ENROLLED ORIGINAL “(i) A search will not be conducted if the subject refuses to provide consent to the search;
“(c)(1) If a defendant moves to suppress any evidence obtained in the course of the search for an offense prosecuted in theSuperior Court of the District of Columbia, thecourt shall consider an officer’s failure to comply with the requirements of this section as a factor in determining the voluntariness of the consent.
“(c)(1) If a defendant moves to suppress any evidence obtained in the course of the search for an offense prosecuted in the Superior Court of the District of Columbia, the court shall consider an officer’s failure to comply with the requirements of this section as a factor in determining the voluntariness of the consent.
“(2) There shall be a presumption that a search was nonconsensual if the evidence of consent, including thewarningsrequired in subsection (a), is not capturedon body-worn camera or provided in writing.
“(2) There shall be a presumption that a search was nonconsensual if the evidence of consent, including the warnings required in subsection (a), is not captured on body-worn camera or provided in writing.
The Metropolitan Police Department Application, Appointment, and Training Requirements of 2000, effective October 4, 2000 (D.C.
Title II of the Metropolitan Police Department Application, Appointment, and Training Requirements of 2000, effective October 4, 2000 (D.C.
Official Code § 5- 107.01 et seq.), is amended as follows:
Official Code § 5-107.01 et seq.), is amended as follows:
(4) Paragraph (5) is amended by striking the phrase “;
ENROLLED ORIGINAL (4) Paragraph (5) is amended by striking the phrase “;
(D) Paragraph (8) isamended by strikingthe periodand insertingthe phrase “;
(D) Paragraph (8) is amended by striking the period and inserting the phrase “;
“(9A) If the applicant has prior service with another law enforcement or public safety agency in the District or another jurisdiction, information on any alleged or sustained misconduct or discipline imposed by that law enforcement or public safety agency;”.
ENROLLED ORIGINAL “(9A) If the applicant has prior service with another law enforcement or public safety agency in the District or another jurisdiction, information on any alleged or sustained misconduct or discipline imposed by that law enforcement or public safety agency;”.
and “(ii)Thepersonwho isallegedtohavebeenthevictim of theoffense is a law enforcement officer, as that term is defined in section 432(a) of the Revised Statutes of the District of Columbia (D.C.
and “(ii) The person who is alleged to have been the victim of the offense is a law enforcement officer, as that term is defined in section 432(a) of the Revised Statutes of the District of Columbia (D.C.
AMENDING MINIMUM STANDARDS FOR POLICE OFFICERS Sec.
AMENDING MINIMUM STANDARDS FOR POLICE OFFICERS ENROLLED ORIGINAL Sec.
Official Code § 1-617.08), is amended by adding a new subsection (c) to read as follows:
Official Code § 1- 617.08), is amended by adding a new subsection (c) to read as follows:
(b) Subsection (b) is amended by striking the phrase “the 90-day period” and inserting the phrase “the 90-day or 180-day period, as applicable,” in its place.
ENROLLED ORIGINAL (b) Subsection (b) is amended by striking the phrase “the 90-day period” and inserting the phrase “the 90-day or 180-day period, as applicable,” in its place.
Section6-A1001.5 of Chapter 10of Title6 of the District of ColumbiaMunicipal Regulations is amended by striking the phrase “reduce the penalty” and inserting the phrase “reduce or increase the penalty” in its place.
Section 6-A1001.5 of Chapter 10 of Title 6 of the District of Columbia Municipal Regulations is amended by striking the phrase “reduce the penalty” and inserting the phrase “reduce or increase the penalty” in its place.
(1) “Deadly force” means any forcethat is likelyorintended to cause serious bodily injury or death.
(1) “Deadly force” means any force that is likely or intended to cause serious bodily injury or death.
(B) Whether thelawenforcement officer engagedinde-escalation measures prior to the use of deadly force, including taking cover, waiting for back-up, trying to calm the subject of the use of force, or using non-deadly force prior to the use of deadly force;
ENROLLED ORIGINAL (B) Whether the law enforcement officer engaged in de-escalation measures prior to the use of deadly force, including taking cover, waiting for back-up, trying to calm the subject of the use of force, or using non-deadly force prior to the use of deadly force;
Limitationsonmilitaryweaponry acquired byDistrictlawenforcement agencies.
Limitations on military weaponry acquired by District law enforcement agencies.
(7) Firearms, firearm accessories, or other objects,designed or capableof launching explosives or pyrotechnics, including grenade launchers;
(7) Firearms, firearm accessories, or other objects, designed or capable of launching explosives or pyrotechnics, including grenade launchers;
“(1) “Chemical irritant” means tear gas or any chemical that can rapidly produce sensory irritation or disabling physical effects in humans, which disappear within a short time following termination of exposure, or any substance prohibited by the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, effective April 29, 1997.”.
ENROLLED ORIGINAL “(1) “Chemical irritant” means tear gas or any chemical that can rapidly produce sensory irritation or disabling physical effects in humans, which disappear within a short time following termination of exposure, or any substance prohibited by the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, effective April 29, 1997.”.
“(a)(1) No officers in riot gear may be deployed in response to a First Amendment assembly unless there is an immediate riskto officers of significant bodily injury.
“(a)(1) No officers in riot gear may be deployed in response to a First Amendment assembly unless there is an immediate risk to officers of significant bodily injury.
Anydeployment of officers in riot gear:
Any deployment of officers in riot gear:
(b)(1)The Commission shall be comprised of 20representatives from amongthefollowing entities:
(b)(1) The Commission shall be comprised of 20 representatives from among the following entities:
(D) Black Lives Matter DC;
ENROLLED ORIGINAL (D) Black Lives Matter DC;
(B) Alternatives to police responses to incidents, such as community-based, behavioral health, or social services co-responders;
(B) Alternatives to police responses to incidents, such as community- based, behavioral health, or social services co-responders;
and (E) The provisions of the Comprehensive Policing and Justice Reform SecondEmergencyAmendment Act of 2020, passed onemergencybasisonJuly7, 2020(Enrolled version of Bill 23-_____).
and (E) The provisions of the Comprehensive Policing and Justice Reform Second Temporary Amendment Act of 2020, passed on 2nd reading on July 21, 2020 (Enrolled version of Bill 23-826).
Official Code § 9- 1107.01(76)), is amended as follows:
Official Code § 9-1107.01(76)), is amended as follows:
(b) A new subsection (i) is added to read as follows:
ENROLLED ORIGINAL (b) A new subsection (i) is added to read as follows:
“(C) Use of language or conduct that is insulting, demeaning, or humiliating;
ENROLLED ORIGINAL “(C) Use of language or conduct that is insulting, demeaning, or humiliating;
“(11) If theMetro Transit Policereceives a complaint containing subject matter that is covered by paragraph (10) of this subsection, the Metro Transit Police shall transmit the complaint to the Police Complaints Board within 3 business days after receipt.
“(11) If the Metro Transit Police receives a complaint containing subject matter that is covered by paragraph (10) of this subsection, the Metro Transit Police shall transmit the complaint to the Police Complaints Board within 3 business days after receipt.
“(16) If the Police Complaints Boardrefers acomplaint for investigation, theBoard shall assign an investigator to investigate the complaint.
“(16) If the Police Complaints Board refers a complaint for investigation, the Board shall assign an investigator to investigate the complaint.
“(17) The Police Complaints Board may, after an investigation, assign a complaint to a complaint examiner, who shall make written findings of fact regarding all material issues of fact, and shall determine whether the facts found sustain or do not sustain each allegation of misconduct.
“(17) The Police Complaints Board may, after an investigation, assign a complaint to a complaint examiner, who shall make written findings of fact regarding all material issues of fact, and shall determine whether the facts found sustain or do not sustain each ENROLLED ORIGINAL allegation of misconduct.
If the complaint examiner determines that one or more allegations in the complaint is sustained, thePoliceComplaintsBoardshall transmit theentirecomplaint file, includingthemerits determination of the complaint examiner, to the Metro Transit Police for appropriate action.
If the complaint examiner determines that one or more allegations in the complaint is sustained, the Police Complaints Board shall transmit the entire complaint file, including the merits determination of the complaint examiner, to the Metro Transit Police for appropriate action.
An employee of the Metro Transit Policeshall not retaliate, directlyor indirectly, against apersonwhofilesacomplaint under this subsection.
An employee of the Metro Transit Police shall not retaliate, directly or indirectly, against a person who files a complaint under this subsection.
“(20) Within 60 days before the end of each fiscal year, the Police Complaints Board shall transmit to the Board and the Signatories an annual report of its operations, including any policy recommendations.
“(20) Within 60 days before the end of each fiscal year, the Police Complaints Board shall transmit to the Board and the Signatories an annual report of its operations, including any policy recommendations.”.
(1) Subparagraph(C) is amended bystrikingthe semicolon and insertingthe phrase “;
(1) Subparagraph (C) is amended by striking the semicolon and inserting the phrase “;
Official Code § 1-1001.05(a)) is amended byadding newparagraphs (9B) and (9C) to read as follows:
Official Code § 1-1001.05(a)) is amended by adding new paragraphs (9B) and (9C) to read as follows:
“(9C) Beginning January 1, 2021, upon receiving information pursuant to section 7(k)(3), (4), or (4A) from the Superior Court of theDistrict of Columbia, the United States District Court for the District of Columbia, or the Bureau of Prisons, notify a qualified elector incarcerated for a felony of the qualified elector’s right to vote;”.
ENROLLED ORIGINAL “(9C) Beginning January 1, 2021, upon receiving information pursuant to section 7(k)(3), (4), or (4A) from the Superior Court of the District of Columbia, the United States District Court for the District of Columbia, or the Bureau of Prisons, notify a qualified elector incarcerated for a felony of the qualified elector’s right to vote;”.
“(b-1) Within 10 business days after the effective date of the Comprehensive Policing and Justice Reform Second Emergency Amendment Act of 2020, passed on emergency basis on July 7, 2020 (Enrolled version of Bill 23-_____) (“act”), the Department shall notify eligible individuals in its care or custody of their voting rights pursuant to section 201 of the act.”.
“(b-1) Within 10 business days after the effective date of the Comprehensive Policing and Justice Reform Second Temporary Amendment Act of 2020, passed on 2nd reading on July 21, 2020 (Enrolled version of Bill 23-826) (“act”), the Department shall notify eligible individuals in its care or custody of their voting rights pursuant to section 201 of the act.”.
(a) This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), 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.
(a) This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 60-day period of congressional review as provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December ENROLLED ORIGINAL 24, 1973 (87 Stat.
34
______________________________ Chairman Council of the District of Columbia _________________________________ Mayor District of Columbia 21
⬇ Download PDF
View plain text versions (2)

How this bill changes current law

5 changes Share ↗

Compared against the D.C. Code as published AI-generated reading aid — verify against the official bill.

The bill amends existing law to prohibit the use of neck restraints by law enforcement officers and enhances the provisions regarding the response to incidents involving neck restraints.

  • D.C. Official Code § 5-125.01

    law enforcement officers' use of neck restraints, or any other technique that causes asphyxiation, presents an unnecessary danger to the public and constitutes excessive force. → law enforcement and special police officer use of neck restraints constitutes the use of lethal and excessive force. This force presents an unnecessary danger to the public.

    The definition of neck restraints is updated, emphasizing their lethal nature and the danger they pose.

  • D.C. Official Code § 5-125.02

    Repealed.

    Repeals definitions for earlier definitions that are no longer applicable or necessary.

  • D.C. Official Code § 5-125.02

    “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. → “Neck restraint” means the use of any body part or object to attempt to control or disable a person by applying pressure against the person’s neck, including the trachea or carotid artery, with the purpose, intent, or effect of controlling or restricting the person’s movement or restricting their blood flow or breathing.

    Expands the definition of neck restraint to include attempts at control or disability.

  • D.C. Official Code § 5-125.03

    It shall be unlawful: To use a prohibited technique; or If a law enforcement officer observes another law enforcement officer's use of a prohibited technique, to fail to immediately, for the person on whom the prohibited technique was used: Render, or cause to be rendered, first aid; or Request emergency medical services. → It shall be unlawful for: Any law enforcement officer or special police officer (“officer”) to apply a neck restraint; and Any officer who applies a neck restraint and any officer who is able to observe another officer’s application of a neck restraint to fail to: Immediately render, or cause to be rendered, first aid on the person on whom the neck restraint was applied; or Immediately request emergency medical services for the person on whom the neck restraint was applied.

    Specifies that applying a neck restraint is unlawful and outlines immediate response requirements.

  • D.C. Official Code § 5-302

    trachea and carotid artery holds → neck restraints

    Updates the terminology in the law to consistently refer to 'neck restraints.'

Action History

  1. Law L23-0151, Effective from Dec 03, 2020 Published in DC Register Vol 67 and Page 14603

  2. Transmitted to Congress

  3. Act A23-0399 Published in DC Register Vol 67 and Page 9920

  4. Returned from Mayor

  5. Signed by the Mayor and Enacted with Act Number A23-0399

  6. Transmitted to Mayor, Response Due on Aug 13, 2020

  7. Final Reading, CC

  8. Retained by the Council

  9. Notice of Intent to Act on B23-0826 Published in the District of Columbia Register

  10. First Reading

  11. B23-0826 Introduced by Councilmembers Allen, Cheh, Grosso, Nadeau, Silverman, R. White, Bonds, Gray, McDuffie, Pinto, Todd, T. White, and Chairman Mendelson at Office of the Secretary

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

13 sponsors · 0 co-sponsors · 7 not signed on

Sponsors (13)

Co-sponsors (0)

None.

Not signed on (7)

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors B 23-0826?
B 23-0826 is sponsored by White, Robert C., Brooke Pinto, Kenyan R. McDuffie, Vincent Gray, Elissa Silverman, Brianne K. Nadeau, David Grosso, Phil Mendelson, Brandon Todd, Anita Bonds, Mary Cheh, Charles Allen, and Trayon White, Sr..
What is the current status of B 23-0826?
This bill has been enacted into law. Introduced July 06, 2020. Enacted.
Where can I track B 23-0826?
Track B 23-0826 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on B 23-0826

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of B 23-0826

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →