D.C. Act 25-410. Secure DC Omnibus Emergency Amendment Act of 2024.
AN ACT
To provide, on an emergency basis, for public safety enhancements in the District, and for other purposes.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Secure DC Omnibus Emergency Amendment Act of 2024".
Sec. 2. The Office of Unified Communications Establishment Act of 2004, effective December 7, 2004 (D.C. Law 15-205; D.C. Official Code § 1-327.51 et seq.), is amended by adding new sections 3207b and 3207c to read as follows:
"Sec. 3207b. Call data collection and posting.
"(a) On a monthly basis, the Office shall collect and publicly post on the Office's website the number of calls eligible to be diverted and the number of calls actually diverted to:
"(1) The Department of Behavioral Health Access Help Line;
"(2) The District Department of Transportation, for motor vehicle collisions that do not result in an injury;
"(3) The Department of Public Works ("DPW"), for parking enforcement; and
"(4) The Fire and Emergency Medical Services Department ("FEMS") Nurse Triage Line.
"(b) On a monthly basis, the Office shall collect and publicly post the following information on the Office's website:
"(1) Descriptions of each call-handling issue, including mistaken addresses, duplicate responses, or any other error or omission reported by the Council, other agencies, the news media, OUC staff, or other sources, as well as the cause of the issue, whether the issue was sustained, and the corrective action taken by the Office;
"(2) The number of shifts operated under minimum staffing levels, for call-takers, dispatchers, and supervisors, including the difference between the minimum staffing level for each role required per shift and the actual number of staff members for each role on a shift;
"(3) Average and maximum call-to-answer times;
"(4) Average and maximum answer-to-dispatch times;
"(5) Percent of 911 calls in which call to queue is 90 seconds or less;
"(6) The total number of calls;
"(7) The number of calls in the queue for over 15 seconds;
"(8) The number of abandoned calls, defined as any call that is disconnected before it is answered;
"(9) The number and type of 911 misuse calls;
"(10) The number of text-to-911 messages received;
"(11) Average and maximum queue-to-dispatch and dispatch-to-arrival times for Priority 1 calls to Fire and Emergency Services ("FEMS") and Priority 1 calls to the Metropolitan Police Department ("MPD");
"(12) The percentage of Priority 1 calls to FEMS and Priority 1 calls to MPD that move from queue to dispatch in 60 seconds or less;
"(13) Average and maximum time of call to arrival on the scene times for Priority 1 calls to FEMS and MPD; and
"(14) The percentage of emergency medical services calls that lead to dispatch of advanced life support.
"(c) All data posted according to this section shall be archived and publicly posted for at least 5 years from the date of publication.
"Sec. 3207c. 311 services.
"(a) No later than 180 days after the applicability date of the Secure DC Omnibus Emergency Amendment Act of 2024, passed on emergency basis on March 5, 2024 (Enrolled version of Bill 25-735), the Office shall permit persons to submit requests for the following services via the District's 311 system at all times:
"(1) Maintenance of porous flexible pavement sidewalks by the District Department of Transportation (by selecting "porous flexible pavement" as the material within the "Sidewalk Repair" service group);
"(2) Leaf collection by the Department of Public Works ("DPW"); except, that the Office shall not be required to permit persons to submit requests for this service during seasons in which DPW does not offer this service; and
"(3) Graffiti removal by DPW; except, that the Office shall not be required to permit persons to submit requests for this service during seasons in which DPW does not offer this service.
"(b) No later than 180 days after the applicability date of the Secure DC Omnibus Emergency Amendment Act of 2024, passed on emergency basis on March 5, 2024 (Enrolled version of Bill 25-735), the Office shall facilitate referrals and access to the relevant servicing entities for the following request-types, such as through the posting of website links or contact information, and the Office may include a disclaimer that the referral does not commit the Office to back-end work or quality assurance for completion of the service request:
"(1) Maintenance of electrical wires;
"(2) Maintenance of utility poles;
"(3) Maintenance of fire hydrants; and
"(4) Alcoholic Beverage and Cannabis Administration response to issues relating to alcohol sales, including:
"(A) After-hours sales of alcohol;
"(B) Breach of a settlement agreement;
"(C) No Alcoholic Beverage Control ("ABC") manager on duty;
"(D) Excessive noise;
"(E) Operating without an ABC license;
"(F) Overcrowding;
"(G) Sale of alcohol to intoxicated persons;
"(H) Sale of alcohol to minors; and
"(I) Trash.
"(c) No later than 180 days after the applicability date of the Secure DC Omnibus Emergency Amendment Act of 2024, passed on emergency basis on March 5, 2024 (Enrolled version of Bill 25-735), the Office shall direct 311 system users to the National Park Service website when a user provides a property location that is under National Park Service jurisdiction.
Sec. 3. The Department of Youth Rehabilitation Services Establishment Act of 2004, effective April 12, 2005 (D.C. Law 15-335; D.C. Official Code § 2-1515.01 et seq.), is amended as follows:
(a) Section 101 (D.C. Official Code § 2-1515.01) is amended as follows:
(1) New paragraphs (9A) and (9B) are added to read as follows:
"(9A) "Hardware secure facility" means a congregate care facility with construction features and a staffing model designed to physically restrict the movements and activities of youth who are detained pending a final disposition of a petition.
"(9B) "Law enforcement officer" means a sworn member of the Metropolitan Police Department or any other law enforcement agency operating and authorized to make arrests in the District of Columbia.".
(2) A new paragraph (11A) is added to read as follows:
"(11A) "Staff secure facility" means a foster home or congregate care facility in the community in which the movements and activities of individual youth residents may be restricted or subject to control through the use of a staff supervision model as well as through reasonable rules restricting entrance to and egress from the facility. A staff secure facility does not contain construction features designed to physically restrict the movements and activities of youth who are in its custody.".
(b) Section 106 (D.C. Official Code § 2-1515.06) is amended as follows:
(1) Subsection (a) is amended as follows:
(A) Paragraph (1) is amended by striking the phrase "youth in the custody" and inserting the phrase "youth who are currently in or were previously in the custody" in its place.
(B) Paragraph (5) is amended by striking the phrase "youth in the custody" and inserting the phrase "youth who are currently in or were previously in the custody" in its place.
(2) Subsection (c) is amended to read as follows:
"(c) Notwithstanding the confidentiality requirements of this section, or any other provision of law, the Mayor, or the Mayor's designee, any member of the Council, the Office of the Attorney General, the District of Columbia Auditor, and the District of Columbia Inspector General shall be permitted to obtain the records pertaining to youth who are currently in or were previously in the custody of the Department regardless of the source of the information contained in those records, when necessary for the discharge of their duties; provided, that the Department data is maintained, transmitted, and stored in a manner to protect the security and privacy of the youth identified and to prevent the disclosure of any of the data or information to any individual, entity, or agency not designated pursuant to subsection (b) of this section.".
(3) Subsection (d) is amended to read as follows:
"(d) Notwithstanding the confidentiality requirements of this section, or any other provision of law, a law enforcement officer may obtain records pertaining to youth who are currently or were previously in the custody of the Department, other than juvenile case records, as that term is defined in
(4) New subsections (e) through (h) are added to read as follows:
"(e)(1) The Department shall inform the Attorney General, and the committed youth's counsel, in advance:
"(A) As soon as is practicable, each time a committed youth is released from a hardware or a staff secure facility, regardless of the length of release; and
"(B) Within 24 hours, each time a committed youth:
"(i) Escapes from a hardware secure facility or a staff secure facility; or
"(ii) Absconds from a community placement.
"(2) This subsection shall not apply to any youth who is committed only for a status offense.
"(f) Notwithstanding subsection (a)(5) of this section, unless the release of the information is otherwise prohibited by law or the information relates to medical, dental, or mental health appointments, the Attorney General, at the Attorney General's discretion, may disclose information received from the Department pursuant to subsection (e) of this section to:
"(1) Any victim, any eyewitness, or any duly authorized attorney of any victim or witness;
"(2) Any immediate family member or custodian of any victim or eyewitness, if the victim or eyewitness is a child or if the victim is deceased or incapacitated, or any duly authorized attorney of such immediate family member or custodian; or
"(3) The parent or guardian of the committed youth.
"(g) Neither the Department's failure to timely inform the Attorney General or committed youth's counsel pursuant to subsection (e)(1) of this section nor the Attorney General's decision to disclose information pursuant to subsection (f) of this section shall serve as the basis for delaying the release of a committed youth from a hardware secure facility or staff secure facility.
"(h) No person shall disclose, inspect, or use records in violation of this section. A violation of this section shall constitute a violation of
Sec. 4. The Advisory Commission on Sentencing Establishment Act of 1998, effective October 16, 1998 (D.C. Law 12-167; D.C. Official Code § 3-101 et seq.), is amended as follows:
(a) Section 3(a) (D.C. Official Code § 3-102(a)) is amended as follows:
(1) The lead-in language is amended by striking the phrase "12 voting members" and inserting the phrase "15 voting members" in its place.
(2) Paragraph (1) is amended as follows:
(A) Subparagraph (G) is amended to read as follows:
"(G) Two members of the District of Columbia Bar, one who has experience with criminal defense in the District of Columbia, and one who has experience with criminal prosecution in the District of Columbia, appointed by the Chief Judge of the Superior Court in consultation with the President of the District of Columbia Bar;".
(B) Subparagraph (H) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(C) Subparagraph (I) is amended to read as follows:
"(I) Two residents of the District of Columbia, nominated by the Mayor, subject to confirmation by the Council;".
(D) New subparagraphs (I-i) and (I-ii) are added to read as follows:
"(I-i) Two residents of the District of Columbia, appointed by the Council, one of whom is a returning citizen, and one of whom has been a victim of a crime of violence and who has a background in victim's rights or services; and
"(I-ii) The Chief of the Metropolitan Police Department or the Chief's designee.".
(3) Paragraph (2) is amended as follows:
(A) Subparagraph (B) is repealed.
(B) Subparagraph (D) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(C) Subparagraph (E) is amended by striking the period and inserting the phrase "; and" in its place.
(D) A new subparagraph (F) is added to read as follows:
"(F) The Deputy Mayor for Public Safety and Justice or the Deputy Mayor's designee.".
(b) Section 4 (D.C. Official Code § 3-103) is amended as follows:
(1) Subsection (b) is amended to read as follows:
"(b) A majority of the voting members appointed to the Commission shall constitute a quorum.".
(2) Subsection (c) is amended to read as follows:
"(c) The Commission may act by an affirmative vote of a majority of voting members present and voting after a quorum has been established.".
Sec. 5. Section 7(a)(1) of the Victims of Violent Crime Compensation Act of 1996, effective April 9, 1997 (D.C. Law 11-243; D.C. Official Code § 4-506(a)(1)), is amended as follows:
(a) Subparagraph (C) is amended as follows:
(1) Strike the word "resolution" and insert the phrase "filing or resolution" in its place
(2) Strike the phrase "; or" and insert a semicolon in its place.
(b) Subparagraph (D) is amended as follows:
(1) Strike the word "resolution" and insert the phrase "filing or resolution" in its place.
(2) Strike the phrase "; and" and insert the phrase "; or" in its place.
(c) A new subparagraph (E) is added to read as follows:
"(E) The filing or resolution of any other post-conviction motion in which the claimant was a victim or secondary victim; and".
Sec. 6. Section 3022 of the Office of Victim Services and Justice Grants Transparency Act of 2022, effective September 21, 2022 (D.C. Law 24-167; D.C. Official Code § 4-571.01), is amended by adding a new subsection (c) to read as follows:
"(c) No later than 60 days after the applicability date of the Secure DC Omnibus Emergency Amendment Act of 2024, passed on emergency basis on March 6, 2024 (Enrolled version of Bill 25-735), and annually thereafter, OVSJG shall publish information regarding the work of the Victim Services Division, including:
"(1) The number of victims engaged each month;
"(2) The number of victims who accepted service each month;
"(3) The services recommended to the victims each month; and
"(4) A summary of collected feedback from victims and their families on their experiences with victim services and coordination efforts.".
Sec. 7. Section 386(c) of the Revised Statutes of the District of Columbia (D.C. Official Code § 5-113.01(c)), is amended by adding a new paragraph (1B) to read as follows:
"(1B) Quarterly, the case closure rates for:
"(A) Violent crimes, by offense, committed with or without the use of a weapon; and
"(B) Non-fatal shootings.".
Sec. 8. Section 3004 of the Body-Worn Camera Regulation and Reporting Requirements Act of 2015, effective October 22, 2015 (D.C. Law 21-36; D.C. Official Code § 5-116.33), is amended as follows:
(a) Subsection (e) is amended to read as follows:
"(e)(1) For any incident involving an officer-involved death or serious use of force, officers shall not review any body-worn camera recordings to assist in initial report writing.
"(2) For an incident other than those described in paragraph (1) of this subsection, officers shall indicate, when writing any initial or subsequent reports, whether the officer viewed body-worn camera footage prior to writing the report and specify what body-worn camera footage the officer viewed.".
(b) Subsection (f) is amended to read as follows:
"(f) When releasing body-worn camera recordings, the likenesses of any local, county, state, or federal government law enforcement officers acting in their professional capacities, other than those acting undercover, shall not be redacted or otherwise obscured.".
(c) Subsection (g) is amended as follows:
(1) A new paragraph (2A) is added to read as follows:
"(2A) "Serious bodily injury" means extreme physical pain, illness, or impairment of physical condition including physical injury that involves a substantial risk of death, protracted and obvious disfigurement, protracted loss or impairment of the function of a bodily member or organ, or protracted loss of consciousness.".
(2) Paragraph (3) is amended as follows:
(A) Subparagraph (A) is amended to read as follows:
"(A) Firearm discharges by a Metropolitan Police Department officer, with the exception of a negligent discharge that does not otherwise put members of the public at risk of injury or death, or a range or training incident;".
(B) Subparagraph (C)(ii) is amended by striking the phrase "a loss of consciousness," and inserting the phrase "a protracted loss of consciousness," in its place.
Sec. 9. Section 3(5) of the Limitation on the Use of Chokehold Act of 1985, effective January 25, 1986 (D.C. Law 6-77; D.C. Official Code § 5-125.02(5)), is amended to read as follows:
"(5) "Neck restraint" means the use of any body part or object by a law enforcement officer to apply pressure against a person's neck, including the trachea, carotid artery, or jugular vein, with the purpose, intent, or effect of controlling or restricting the person's airway, blood flow, or breathing, except in cases where the law enforcement officer is acting in good faith to provide medical care or treatment, such as by providing cardiopulmonary resuscitation.".
Sec. 10. Title I of the Comprehensive Policing and Justice Amendment Act of 2022, effective April 21, 2023 (D.C. Law 24-345; D.C. Official Code passim), is amended as follows:
(a) Section 106 (D.C. Official Code § 5-353.01) is amended as follows:
(1) Subsection (b)(3) is amended by striking the phrase "and no current or prior affiliation with" and inserting the phrase "and no current affiliation with" in its place.
(2) A new subsection (c) is added to read as follows:
"(c) Notwithstanding any other provision of law, the Metropolitan Police Department shall publish the findings of fact and merits determination for all Use of Force Review Board investigations on its website.".
(b) The lead-in language of section 127(a)(11) (D.C. Official Code § 5-365.01(a)(11)) is amended by striking the phrase "a bodily injury or significant bodily injury that involves" and inserting the phrase "extreme physical pain, illness, or impairment of physical condition, including physical injury that involves" in its place.
(c) Section 128 (D.C. Official Code § 5-365.02) is amended as follows:
(1) Subsection (a) is amended as follows:
(A) Paragraph (1)(B) is amended by striking the phrase "immediate threat" and inserting the phrase "imminent threat" in its place.
(B) Paragraph (2) is amended as follows:
(i) Subparagraph (A) is amended by striking the phrase "fleeing suspect," and inserting the phrase "fleeing suspect or suspects," in its place.
(ii) Subparagraph (B) is amended to read as follows:
"(B) Under the totality of circumstances, not likely to cause death or serious bodily injury to any person, other than to the fleeing suspect or suspects; and".
(2) Subsection (c) is amended by adding a new paragraph (3) to read as follows:
"(3) Nothing in this subsection shall be construed to permit any of the above practices or tactics, to the extent they are prohibited by District law or by a law enforcement agency.".
Sec. 11. The Firearms Control Regulations Act of 1975, effective September 24, 1976 (D.C. Law 1-85; D.C. Official Code § 7-2501.01 et seq.), is amended as follows:
(a) A new section 213a is added to read as follows:
"Sec. 213a. Sale of self-defense sprays.
"Notwithstanding any other provision of
(b) Section 601 (D.C. Official Code § 7-2506.01) is amended as follows:
(1) Subsection (b) is amended to read as follows:
"(b) No person in the District shall knowingly possess, sell, or transfer any ammunition feeding device that is, in fact, a large capacity ammunition feeding device regardless of whether the device is attached to a firearm.".
(2) A new subsection (c) is added to read as follows:
"(c) For the purposes of this section, the term "large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition. The term "large capacity ammunition feeding device" does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.".
(c) Section 706 (D.C. Official Code § 7-2507.06) is amended as follows:
(1) Subsection (a) is amended as follows:
(A) Paragraph (3)(B) is repealed.
(B) Paragraph (4) is amended by striking the phrase "3 years, or both." and inserting the phrase "3 years, which shall be imposed consecutive to any other sentence of incarceration, or both." in its place.
(C) A new paragraph (5) is added to read as follows:
"(5) A person convicted of possessing a firearm with an intent to sell, offer for sale, or make available for sale, in violation of
(2) Subsection (b) is amended by adding a new paragraph (1A) to read as follows:
"(1A) The administrative disposition provided for in this subsection shall not be available to any person who has previously been convicted of any felony in the District or elsewhere.".
(d) Section 906(e) (D.C. Official Code § 7-2509.06(e)) is amended as follows:
(1) Strike the phrase "a licensee" and insert the phrase "a person" in its place.
(2) Strike the phrase "a licensee's" and insert the phrase "a person's" in its place.
(e) Section 1001(a)(2) (D.C. Official Code § 7-2510.01(a)(2)) is amended as follows:
(1) Subparagraph (A) is amended by striking the phrase "cohabitating, or maintaining a romantic, dating, or sexual relationship" and inserting the phrase "cohabitating, or is someone with whom the Respondent is, was, or is seeking to be in a romantic, dating, or sexual relationship" in its place.
(2) Subparagraph (B) is amended to read as follows:
"(B) Any sworn member of a law enforcement agency operating in the District of Columbia; or".
(f) Section 1003(b)(1) (D.C. Official Code § 7-2510.03(b)(1)) is amended by striking the phrase "respondent by a Metropolitan Police Department officer not fewer than 7 days before the hearing" and inserting the phrase "respondent prior to the hearing" in its place.
(g) Section 1004(h) (D.C. Official Code § 7-2510.04(h)) is amended by striking the phrase "good cause shown" and inserting the phrase "good cause shown, or for longer periods if all parties consent" in its place.
(h) Section 1005(a)(1) (D.C. Official Code § 7-2510.05(a)(1)) is amended by striking the phrase "by a sworn member of the Metropolitan Police Department" and inserting the phrase "by any sworn law enforcement officer, or in open court. Upon a finding of good cause, a judge may authorize personal service by a person over the age of 18 who is not a sworn law enforcement officer" in its place.
(i) Section 1006 (D.C. Official Code § 7-2510.06) is amended as follows:
(1) Subsection (a) is amended by striking the phrase "the court shall notify the petitioner of the date" and inserting the phrase "the court shall send notice to the petitioner in writing of the date" in its place.
(2) Subsection (c) is amended by striking the phrase "the respondent by a Metropolitan Police Department officer not fewer than 21 days before the hearing" and inserting the phrase "the respondent prior to the hearing by a person authorized to serve via personal service" in its place.
(j) Section 1013 (D.C. Official Code § 7-2510.13) is amended as follows:
(1) Subsection (a)(2)(D) is amended to read as follows:
"(D) "The Johns Hopkins Center for Gun Violence Solutions;".
(2) Subsection (c) is amended by striking the phrase "Working Group" and inserting the phrase "Working Group, and shall convene the Working Group no later than April 1, 2024" in its place.
(3) Subsection (e) is amended by striking the phrase "January 1, 2023" and inserting the phrase "April 1, 2025" in its place.
(k) New sections 1014, 1015, and 1016 are added to read as follows:
"Sec. 1014. Public awareness initiatives.
" By September 1, 2023:
"(1) The Metropolitan Police Department shall prominently display information about extreme risk protection orders, including the petition process, on its website; and
"(2) The Office of the Attorney General shall develop and implement a public awareness campaign to inform residents, professionals, and District government employees about extreme risk protection orders, including the petition process.
"Sec. 1015. Implementation of strategic gun violence reduction strategies.
"(a)(1) The Metropolitan Police Department ("MPD") shall facilitate a Law Enforcement Shooting Review no less than twice per month to review each shooting in the District that occurred since the last Law Enforcement Shooting Review, including non-fatal shootings.
"(2) The purpose of the Law Enforcement Shooting Reviews shall be to identify the potential for retaliation and law enforcement or other government agency contacts or interventions with persons involved in the reviewed shootings that may help to prevent retaliatory criminal conduct, and then assign responsibilities for immediate contacts or interventions.
"(3) The purpose of the Law Enforcement Shooting Review shall not be to discuss information outside the investigative file. To the extent that there is any information discussed during the Law Enforcement Shooting Review that is not already included in the investigative file, MPD shall document that information in the investigative file.
"(b) The Deputy Mayor for Public Safety and Justice shall coordinate a Coordination Meeting/Intervention Services Shooting Review no less than twice per month to review each shooting in the District that occurred since the last Coordination Meeting/Intervention Services Shooting Review from a services and response perspective, in order to identify and assign government and community partners to outreach and engage those high-risk individuals implicated by the shootings.
"Sec. 1016. Firearm tracing data and accountability report.
" By February 1 of each year, the Mayor shall submit to the Council and post on the Mayor's website a report that includes the following information, using data from the preceding calendar year:
"(1) The total number of firearms recovered in the District;
"(2) The location where each firearm was recovered, disaggregated by police district;
"(3) The total number of ghost guns recovered in the District.;
"(4) To the extent possible, the number of firearms recovered, disaggregated by, if available, manufacturer, firearm model, state or country of origin, and the last known point of sale, transfer, theft, or loss of such firearm; and
"(5) To the extent possible, an analysis of purchase patterns with the available information from the firearms recovered.
Sec. 12. Section 14-307(d)(2) of District of Columbia Official Code is amended by striking the phrase "confidential information" and inserting the phrase "confidential information of a victim" in its place.
Sec. 13. Title 16 of the District of Columbia Official Code is amended as follows:
(a) Section 16-705(b)(1)(C)(ii) is amended by striking the phrase "; and" and inserting the phrase "if the law enforcement officer was in uniform or acting in an official capacity at the time of the offense; and" in its place.
(b) Section 16-1053(a) is amended as follows:
(1) Paragraph (9) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(2) Paragraph (10) is amended by striking the period and inserting the phrase "; and" in its place.
(3) A new paragraph (11) is added to read as follows:
"(11) The Office of Unified Communications.".
(c)(1) Section 16-2310(a-1)(1)(A) is amended to read as follows:
"(A) Committed:
"(i) A dangerous crime or a crime of violence while armed with or having readily available a knife, pistol, firearm, or imitation firearm; or
"(ii) Unarmed murder, first-degree sexual abuse, carjacking, or assault with intent to commit any such offense; or".
(2) Paragraph (1) of this subsection shall expire 225 days after the applicability date of this act.
(d) Section 16-2316(e) is amended as follows:
(1) Paragraph (3) is amended by striking the phrase "District of Columbia" and inserting the phrase "District of Columbia, after providing the Attorney General and respondent's counsel in a delinquency or PINS matter or the Attorney General and the guardian ad litem in a neglect matter with notice and the opportunity to be heard regarding the admission of non-necessary persons," in its place.
(2) Paragraph (4) is amended by striking the phrase "attend transfer, factfinding, disposition, and post-disposition hearings, subject" and inserting the phrase "attend any transfer, plea, factfinding, disposition, or post-disposition hearing, subject" in its place.
(3) Paragraph (5) is amended by striking the phrase "transfer, factfinding," and inserting the phrase "transfer, plea, factfinding," in its place.
(e) Section 16-2331 is amended as follows:
(1) Subsection (c) is amended as follows:
(A) Paragraph (2) is amended as follows:
(i) Subparagraph (D) is amended as follows:
(I) Sub-subparagraph (vi) is amended by striking the phrase "; or" and inserting a semicolon in its place.
(II) New sub-subparagraphs (viii) and (ix) are added to read as follows:
"(viii) The respondent being in abscondence for more than 24 hours; or
"(ix) The respondent having escaped from a facility;".
(ii) Subparagraph (E) is amended as follows:
(I) Sub-subparagraph (vi) is amended by striking the phrase "; or" and inserting a semicolon in its place.
(II) New sub-subparagraphs (viii) and (ix) are added to read as follows:
"(viii) The respondent being in abscondence for more than 24 hours; or
"(ix) The respondent having escaped from a facility; and".
(B) Paragraph (4)(B) is amended by striking the phrase "Schools, and the" and inserting the phrase "Schools, public charter schools, parochial schools, and private schools, and the" in its place.
(2) A new subsection (c-1) is added to read as follows:
"(c-1) Notwithstanding any provision of this section, when the court orders that a child stay away from a victim or witness or their property as a condition of the child's release, the court shall provide a written notice of such release condition to the Attorney General who may provide the written notice to a victim or a witness. Such notice issued by the court shall not include any identifying information for the child except the child's name, nor shall it include any other release conditions unrelated to the victim, witness, or their property.".
(3) New subsections (h-1) and (h-2) are added to read as follows:
"(h-1)(1) Notwithstanding subsection (b) of this section, if a child has a custody order for abscondence from a Department of Youth Rehabilitation Services ("DYRS") placement or court-ordered placement in a delinquency or PINS matter, the Family Court, in the best interest of a child, the interest of public safety, or the interest of the safety of any person who may search for the child, may, after a hearing at which the child's counsel is present, order the Metropolitan Police Department ("MPD") to:
"(A) Take a missing person's report for a child; and
"(B) Submit a missing person's report to the National Center for Missing and Exploited Children ("NCMEC").
"(2) Evidence of the following factors shall be considered in making the determination described in paragraph (1) of this subsection:
"(A) The child's age;
"(B) The nature of any present delinquency offense or in need of supervision offense and the extent and nature of the child's prior record:
"(C) Whether the child has been sexually exploited or is at risk of sexual exploitation;
"(D) Whether there have been reports of abuse and neglect involving the child;
"(E) Whether there is an open neglect case or other Child and Family Services Agency involvement;
"(F) The child's mental condition, including any disabilities; and
"(G) The child's history of abscondences from DYRS or court-ordered placements and the child's history of running away from home.
"(3) If the Family Court orders MPD to take a missing person's report, pursuant to this section, any person with knowledge of the custody order may make a missing person's report to NCMEC; provided, that any person making such a report shall not disclose that there is a custody order in effect.
"(4) For the purposes of this section, the term "child" means a person who has not attained the age of 18 years.
"(h-2) Notwithstanding the provisions of this section, the Attorney General or respondent's attorney, at their discretion, may release juvenile case record information to members of the press who are authorized to attend a court hearing pursuant to § 16-2316(e); provided, that the information is consistent with, and does not exceed the scope of, the information that the court authorized the press to report when granting the press permission to attend the hearing.".
(f) Section 16-2332(c) is amended as follows:
(1) Paragraph (3) is amended to read as follows:
"(3) Other court case participants and law enforcement:
"Law enforcement officers of the United States, the District of Columbia, and other jurisdictions, except that such records shall be limited to photographs of the child, a physical description of the child, any addresses where the child may be found, and the phone number or other contact information of the child or the child's parents, guardians, or custodians. The confidentiality of any information disclosed to law enforcement officers pursuant to this subsection shall be maintained pursuant to § 16-2333;".
(2) The lead-in language to paragraph (4)(D) is amended by striking the phrase "Schools, and the" and inserting the phrase "Schools, public charter schools, parochial schools, and private schools, and the" in its place.
(g) Section 16-2333 is amended as follows:
(1) Subsection (b)(4)(C) is amended by striking the phrase ", and the District of Columbia Public Schools" and inserting the phrase ", the District of Columbia Public Schools, public charter schools, parochial schools, and private schools" in its place.
(2) Subsection (f) is amended by striking the phrase "date of the crime." and inserting the phrase "month in which the crime occurred." in its place.
(h) A new section 16-2333.03 is added to read as follows:
"Sec. 16-2333.03. Information sharing by agencies.
"(a) Notwithstanding the confidentiality provisions in §§ 2-1515.06, 4-1303.06, 16-2331, 16-2332, and 16-2333, it shall not be an offense for an agency to publicly share data derived from juvenile case records, juvenile social records, police and other law enforcement records, confidential Department of Youth Rehabilitation Services records, or confidential Child and Family Services Agency records; provided, that:
"(1) The data shared does not include any information that, by itself or in combination with other publicly available information, could identify a particular person, including a person's name, Social Security number or other identifying number or code, address, phone number, email address, or birth date; and
"(2) Record-level data is not shared, the data shared is aggregated, and any counts or data points with fewer than 10 observations are suppressed.
"(b) For the purposes of this section, the term "agency" means the Superior Court of the District of Columbia, the Office of the Attorney General for the District of Columbia, the Metropolitan Police Department, the Department of Youth Rehabilitation Services, the Child and Family Services Agency, the Office of the Ombudsman for Children, the District of Columbia Auditor, and the District of Columbia Inspector General.".
(i) Section 16-2340(a)(2) is amended by striking the phrase "juvenile factfinding" and inserting the phrase "juvenile plea hearings, factfinding" in its place.
Sec. 14. An Act To establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1189; D.C. Official Code passim), is amended as follows:
(a) Section 806(a) (D.C. Official Code § 22-404(a)) is amended as follows:
(1) Paragraph (2) is amended by striking the phrase "or both. For the purposes of this paragraph, the term "significant bodily injury" means an injury that requires hospitalization or immediate medical attention." and inserting the phrase "or both." in its place.
(2) A new paragraph (3) is added to read as follows:
"(3) For the purposes of this section, the term "significant bodily injury" means:
"(A) An injury that, to prevent long-term physical damage or to abate severe pain, requires hospitalization or medical treatment beyond what a layperson can personally administer;
"(B) A fracture of a bone;
"(C) A laceration for which the victim required stitches, sutures, staples, or closed-skin adhesives, or a laceration that is at least one inch in length and at least one quarter of an inch in depth;
"(D) A burn of at least second degree severity;
"(E) Any loss of consciousness;
"(F) A traumatic brain injury; or
"(G) An injury where medical testing, beyond what a layperson can personally administer, was performed to ascertain whether there was an injury described in subparagraphs (A)-(F) of this paragraph.".
(b) Section 806a (D.C. Official Code § 22-404.01) is amended by adding a new subsection (d) to read as follows:
"(d) For the purposes of this section, the term "serious bodily injury" means an injury or significant bodily injury, as that term is defined in
"(1) A substantial risk of death;
"(2) Protracted and obvious disfigurement;
"(3) Protracted loss or impairment of the function of a bodily member, organ, or mental faculty;
"(4) Extended loss of consciousness;
"(5) A burn of at least third degree severity; or
"(6) A gunshot wound.".
(c) A new section 806d is added to read as follows:
"Sec. 806d. Strangulation.
"(a) A person commits the offense of strangulation if that person knowingly, intentionally, or recklessly restricts the normal circulation of the blood or breathing of another person, either by applying pressure on the throat, neck, or chest of another person, or by blocking the nose or mouth of another person.
"(b) Except for as provided in subsection (c) of this section, a person convicted of strangulation shall be fined no more than the amount set forth in
"(c) A person convicted of strangulation may be fined up to 1½ times the maximum fine otherwise authorized under this section and may be incarcerated for a term of up to 1½ times the maximum term of incarceration otherwise authorized under this section, or both, if:
"(1) The victim sustained serious bodily injury, as that term is defined in
"(2) The person was, at the time of the offense, required to stay away from or have no contact with the victim as a condition of their parole or supervised release or pursuant to a court order; or
"(3) The person was, within 5 years of commission of the strangulation offense, convicted of either an intrafamily offense, as that term is defined in
"(d)(1) A conviction for strangulation merges with any other offense under this chapter arising from the same act or course of conduct.
"(2) For a person found guilty of 2 or more offenses that merge under this section the sentencing court shall either:
"(A) Vacate all but one of the offenses prior to sentencing according to the rule of priority in paragraph (3) of this subsection; or
"(B) Enter judgment and sentence the actor for offenses that merge; provided, that:
"(i) Sentences for the offenses run concurrent to one another; and
"(ii) The convictions for all but, at most, one of the offenses shall be vacated after:
"(I) The time for appeal has expired; or
"(II) The judgment that was appealed has been decided.
"(3) When convictions are vacated under paragraph (2)(A) of this subsection, the conviction that remains shall be the conviction for:
"(A) The offense with the highest authorized maximum period of incarceration; or
"(B) If 2 or more offenses have the same highest authorized maximum period of incarceration, any offense that the sentencing court deems appropriate.".
(d) Section 811a(a)(1) (D.C. Official Code § 22-2803(a)(1)) is amended to read as follows:
"(1) A person commits the offense of carjacking if, by any means, that person knowingly by force or violence, whether against resistance or by sudden or stealthy seizure or snatching, or by putting in fear, or attempts to do so, shall take a motor vehicle from a person's immediate actual possession, or that person knowingly by force or violence, or by putting in fear, shall take a key to a motor vehicle from the immediate actual possession of another person, while that motor vehicle is within the line of sight of the person or the victim and close enough to the vehicle that the person taking the key to the motor vehicle can take immediate possession of it, with the purpose and effect of immediately taking the motor vehicle of another.".
Sec. 15. Section 432 of the Revised Statutes of the District of Columbia (D.C. Official Code § 22-405), is amended as follows:
(a) Subsection (a) is amended by striking the phrase "any fire department operating in the District of Columbia," and inserting the phrase "any fire department operating in the District of Columbia, any emergency medical technician, paramedic, intermediate paramedic, or other member of any emergency medical services department operating in the District of Columbia," in its place.
(b) Subsection (c) is amended as follows:
(1) The existing text is designated as paragraph (1).
(2) A new paragraph (2) is added to read as follows:
"(2) For the purposes of this subsection, the term "significant bodily injury" shall have the same meaning as provided in
Sec. 16. The Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; D.C. Official Code § 22-3001 et seq.), is amended as follows:
(a) Section 101 (D.C. Official Code § 22-3001) is amended as follows:
(1) Paragraph (7) is amended to read as follows:
"(7) "Serious bodily injury" shall have the same meaning as provided in
(2) Paragraph (10) is amended as follows:
(A) Subparagraph (C) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(B) Subparagraph (D) is amended to read as follows:
"(D) Any employee, contractor, consultant, or volunteer of a school, religious institution, or an educational, social, recreational, athletic, musical, charitable, or youth facility, organization, or program, including a teacher, coach, counselor, clergy, youth leader, chorus director, bus driver, administrator, or support staff, or any other person in a position of trust with or authority over a child or a minor.".
(b) Section 205 (D.C. Official Code § 22-3006) is amended as follows:
(1) The existing text is designated as subsection (a).
(2) A new subsection (b) is added to read as follows:
"(b)(1) A person convicted of misdemeanor sexual abuse who has 3 or more prior convictions for misdemeanor sexual abuse shall be fined no more than the amount set forth in
"(2) In addition to a violation of this section, a person shall be considered to have prior convictions for misdemeanor sexual abuse if that person has been previously convicted of a violation of a crime under the laws of any other jurisdiction that involved conduct that would, if committed in the District of Columbia, constitute a violation of this section, or conduct that is substantially similar to conduct prosecuted under this section.".
(c) Section 209a (D.C. Official Code § 22-3010.01) is amended by adding a new subsection (a-1) to read as follows:
"(a-1)(1) A person convicted of misdemeanor sexual abuse of a child or minor who has 3 or more prior convictions for misdemeanor sexual abuse of a child or minor shall be fined no more than the amount set forth in
"(2) In addition to a violation of this section, a person shall be considered as having prior convictions for misdemeanor sexual abuse of a child or minor if that person has been previously convicted of a violation of a crime under the laws of any other jurisdiction that involved conduct that would, if committed in the District of Columbia, constitute a violation of this section, or conduct that is substantially similar to conduct prosecuted under this section.".
(d) Section 219(a)(1) (D.C. Official Code § 22-3020(a)(1)) is amended by striking the phrase "12 years" and inserting the phrase "13 years" in its place.
Sec. 17. The Criminalization of Non-Consensual Pornography Act of 2014, effective May 7, 2015 (D.C. Law 20-275; D.C. Official Code § 22-3051 et seq.), is amended as follows:
(a) Section 3(a)(2) (D.C. Official Code § 22-3052(a)(2)) is amended to read as follows:
"(2) The person disclosing the sexual image knew or consciously disregarded a substantial and unjustifiable risk that the person depicted did not consent to the disclosure; and".
(b) Section 4(a) (D.C. Official Code § 22-3053(a)) is amended as follows:
(1) The lead-in language is amended by striking the phrase "identifiable person when" and inserting the phrase "identifiable person, whether obtained directly from the person or from a third party or other source, when" in its place.
(2) Paragraph (1) is amended by striking the phrase "disclosure or publication of" and inserting the phrase "publication of" in its place.
(3) Paragraph (2) is amended to read as follows:
"(2) The person publishing the sexual image knew or consciously disregarded a substantial and unjustifiable risk that the person depicted did not consent to the publication; and".
(c) Section 5(a) (D.C. Official Code § 22-3054(a)) is amended as follows:
(1) Paragraph (1) is amended by striking the phrase "disclosure or publication of" and inserting the phrase "publication of" in its place.
(2) Paragraph (2) is amended to read as follows:
"(2) The person publishing the sexual image knew or consciously disregarded a substantial and unjustifiable risk that the sexual image was obtained as a result of a previous disclosure or publication of the sexual image made with intent to harm the person depicted or to receive financial gain.".
Sec. 18. The District of Columbia Theft and White Collar Crimes Act of 1982, effective December 1, 1982 (D.C. Law 4-164; D.C. Official Code § 22-3201 et seq.), is amended as follows:
(a) A new section 111a is added to read as follows:
"Sec. 111a. Directing organized retail theft.
"(a) For the purpose of this section, the term "organized retail theft" means acting in concert with one or more other persons to commit theft, as described in
"(1) Sell, barter, or trade the merchandise for monetary or other gain; or
"(2) Fraudulently return the merchandise to a retail merchant.
"(b) A person commits the offense of directing organized retail theft if any person acts as an organizer by recruiting, directing, or coercing individuals to commit organized retail theft.
"(c) A person who violates this section shall be guilty of a felony and, upon conviction, shall be fined no more than the amount set forth in
"(d)(1) A conviction for directing organized retail theft merges with any other conviction for being an accomplice to theft under
"(2) For a person found guilty of 2 or more offenses that merge under this subsection, the sentencing court shall either:
"(A) Vacate all but one of the offenses prior to sentencing according to the rule of priority in paragraph (3) of this subsection; or
"(B) Enter judgment and sentence the actor for offenses that merge; provided, that:
"(i) Sentences for the offenses run concurrent to one another; and
"(ii) The convictions for all but, at most, one of the offenses shall be vacated after:
"(I) The time for appeal has expired; or
"(II) The judgment that was appealed has been decided.
"(3) When convictions are vacated under paragraph (2)(A) of this subsection, the conviction that remains shall be the conviction for:
"(A) The offense with the highest authorized maximum period of incarceration; or
"(B) If 2 or more offenses have the same highest authorized maximum period of incarceration, any offense that the sentencing court deems appropriate.".
(b) Section 112(a) (D.C. Official Code § 22-3212(a)) is amended to read as follows:
"(a)(1) Theft in the first degree. – Any person convicted of theft in the first degree shall be fined no more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more than 10 years, or both, if:
"(A) The value of the property obtained or used is $1000 or more; or
"(B)(i) The person commits theft twice or more within a period of 6 months and the aggregate value of property obtained is $1000 or more.
"(ii) When a person commits theft twice or more within a period of 6 months pursuant to sub-subparagraph (i) of this subparagraph, the thefts may be aggregated and charged in a single count, in which event they shall constitute a single offense.
"(2) A conviction for first degree theft under paragraph (1)(C) of this subsection merges with any other conviction for robbery under
"(3) For a person found guilty of 2 or more offenses that merge under this subsection, the sentencing court shall either:
"(A) Vacate all but one of the offenses prior to sentencing according to the rule of priority in paragraph (4) of this subsection; or
"(B) Enter judgment and sentence the actor for offenses that merge; provided, that:
"(i) Sentences for the offenses run concurrent to one another; and
"(ii) The convictions for all but, at most, one of the offenses shall be vacated after:
"(I) The time for appeal has expired; or
"(II) The judgment that was appealed has been decided.
"(4) When convictions are vacated under paragraph (3)(A) of this subsection, the conviction that remains shall be the conviction for:
"(A) The offense with the highest authorized maximum period of incarceration; or
"(B) If 2 or more offenses have the same highest authorized maximum period of incarceration, any offense that the sentencing court deems appropriate.".
(c) Section 201(b) (D.C. Official Code § 22-3601(b)) is amended to read as follows:
"(b) The provisions of subsection (a) of this section shall apply to the following offenses: any crime of violence, as that term is defined in
(d) New sections 203 and 204 are added to read as follows:
"Sec. 203. Enhanced penalty for committing a crime of violence against a person at a Department of Parks and Recreation property.
"(a) Any person who commits a crime of violence, as that term is defined in
"(b) For the purposes of this section, the term "property" means any park, field, court, play area, facility, or building, and the associated parking lot.
"Sec. 204. Enhanced penalties for committing a crime of violence against vulnerable adults.
"(a) Any person who commits a crime of violence, as that term is defined in
"(b) It is an affirmative defense that the accused knew or reasonably believed that the victim was not a vulnerable adult at the time of the offense, or could not have known or determined that the victim was a vulnerable adult because of the manner in which the offense was committed. This defense shall be established by a preponderance of the evidence.
"(c) For the purposes of this section, the term "vulnerable adult" means a person who is 18 years of age or older and has one or more physical or mental limitations that substantially impairs the person's ability to independently provide for their daily needs or safeguard their person, property, or legal interests.
Sec. 19. The Anti-Intimidation and Defacing of Public or Private Property Criminal Penalty Act of 1982, effective March 10, 1983 (D.C. Law 4-203; D.C. Official Code § 22-3312 et seq.), is amended as follows:
(a) Section 4 (D.C. Official Code § 22-3312.03) is revived as of the applicability date of the Secure DC Omnibus Emergency Amendment Act of 2024, passed on emergency basis on March 5, 2024 (Enrolled version of Bill 25-735), and amended to read as follows:
"Sec. 4. Wearing masks.
" It shall be unlawful for any person over 16 years of age, while wearing any mask or other article whereby a substantial portion of the face is hidden, concealed, or covered as to conceal the identity of the wearer if the intent of the person is to avoid identification while engaging in:
"(1) A dangerous crime, as that term is defined in
"(2) A crime of violence, as that term is defined in
"(3) Theft, as that term is defined in
"(4) Threats to do bodily harm, as that term is defined in
(b) Section 5(b) (D.C. Official Code § 22-3312.04(b)) is amended by striking the phrase "shall be" and inserting the phrase "or section 4 shall be" in its place.
Sec. 20. The Taxicab Drivers Protection Act of 2000, effective June 9, 2001 (D.C. Law 13-307; D.C. Official Code § 22-3751 et seq.), is amended as follows:
(a) Section 2 (D.C. Official Code § 22-3751) is amended to read as follows:
"Sec. 2. Enhanced penalties for committing a crime of violence against transportation providers.
"(a) Any person who commits a crime of violence, as that term is defined in
"(b) For the purposes of this section, the term "transportation provider" means a person who operates within the District of Columbia a private vehicle-for-hire or a public vehicle-for-hire, as those terms are defined in
(b) Section 2a (D.C. Official Code § 22-3751.01) is amended as follows:
(1) The section heading is amended to read as follows:
"Sec. 2a. Enhanced penalties for committing a crime of violence against transit operators, Metrorail station managers, employees, and passengers.
(2) Subsection (a) is amended to read as follows:
"(a) Any person who commits a crime of violence, as that term is defined in
(3) A new subsection (a-1) is added to read as follows:
"(a-1) Any person who commits a crime of violence, as that term is defined in
(4) Subsection (b) is amended as follows:
(A) A new paragraph (1A) is added to read as follows:
"(1A) "Metrorail station employee" means any Washington Metropolitan Area Transit Authority employee who operates a bus or train or works in a Metrorail station.".
(B) A new paragraph (2A) is added to read as follows:
"(2A) "Passenger" means a person who is traveling on a mass transit vehicle or waiting at a marked mass transit vehicle boarding location, such as a bus stop or Metrorail station.".
(c) Section 3 (D.C. Official Code § 22-3752) is repealed.
Sec. 21. Section 2(6)(B) of the Sex Offender Registration Act of 1999, effective July 11, 2000 (D.C. Law 13-137; D.C. Official Code § 22-4001(6)(B)), is amended by striking the phrase "12 years" wherever it appears and inserting the phrase "13 years" in its place.
Sec. 22. The DNA Sample Collection Act of 2001, effective November 3, 2001 (D.C. Law 14-52; D.C. Official Code § 22-4151), is amended by adding new sections 2a and 2b to read as follows:
"Sec. 2a. Collection and use of DNA identification information from defendants.
"(a)(1) The Mayor may collect a DNA sample from each individual who has been charged by information, complaint, or indictment for:
"(A) A crime of violence, as that term is defined in
"(B) A dangerous crime, as that term is defined in
"(C) The offenses listed in
"(D) Attempt or conspiracy to commit any of the offenses listed in subparagraphs (A) through (C) of this paragraph.
"(2) If an individual appears in court having been charged by information, complaint, or indictment with an offense set forth in subsection (a)(1) of this section without previously having a DNA sample collected, the court may direct the collection of a DNA sample from that individual.
"(3) DNA sample collection under this section may be limited to individuals who are fingerprinted.
"(4) The Mayor, the Metropolitan Police Department, or the court, as applicable, may authorize, or enter into agreements with, other local, state, or federal governmental agencies or private entities to collect DNA samples under this section.
"(5) An agency or entity may, but need not, collect a DNA sample from an individual if:
"(A) Another agency or entity has collected, or will collect, a DNA sample from that individual and has provided, or will provide, the sample for analysis and inclusion of the results in CODIS as provided in subsection (b) of this section; or
"(B) CODIS already contains a DNA analysis with respect to that individual.
"(6) DNA sample collection may be repeated if the agency or entity responsible for collection is informed that a sample collected from the individual does not satisfy the requirements for analysis or for entry of the results of the analysis into CODIS.
"(b) The Mayor or other authorized agency or entity (as applicable) shall furnish an individual's DNA sample collected under this section to the Federal Bureau of Investigation Laboratory, or to another laboratory approved by the FBI, for the purpose of carrying out a DNA analysis on the DNA sample and including the results in CODIS. The requirement to furnish the DNA sample to the FBI Laboratory or to another laboratory approved by the FBI may be waived, with the permission of the FBI, if DNA samples are analyzed by means of Rapid DNA instruments and the results are included in CODIS. DNA samples may not be collected, analyzed, or included in CODIS under this section before a judicial officer has made an initial probable cause finding that the individual committed an offense set forth in subsection (a)(1) of this section.
"(c) Any DNA samples collected and records of DNA analyses generated under this section shall be destroyed and expunged automatically from CODIS if:
"(1) A criminal action begun against the individual does not result in a conviction of the individual for an offense set forth in subsection (a)(1) of this section;
"(2) The conviction for an offense set forth in subsection (a)(1) of this section is reversed or vacated and no new trial is permitted; or
"(3) The individual is granted an unconditional pardon.
"(d) The authorization of DNA sample collection by this section shall not limit DNA sample collection by any agency pursuant to any other authority.
"(e) For the purposes of this section, the terms "DNA sample", "DNA analysis", and "Rapid DNA instruments" shall have the same meaning as provided in 34 U.S.C. § 40703(c).
"Sec. 2b. Collection of DNA identification information from convicted offenders.
"(a)(1) A District agency may collect a DNA sample from an individual who is, or has been, convicted of an offense set forth in
"(2) A District agency or the court, as applicable, may authorize, or enter into agreements with, other local, state, or federal governmental agencies or private entities to collect DNA samples under this section.
"(3) An agency or entity may, but need not, collect a DNA sample from an individual if:
"(A) Another agency or entity has collected, or will collect, a DNA sample from that individual and has provided, or will provide, the sample for analysis and inclusion of the results in CODIS as provided in subsection (b) of this section; or
"(B) CODIS already contains a DNA analysis with respect to that individual.
"(4) DNA sample collection may be repeated if the agency or entity responsible for collection is informed that a sample collected from the individual does not satisfy the requirements for analysis or for entry of the results of the analysis into CODIS.
"(b) The agency or entity, as applicable, shall furnish each DNA sample collected under this section to the Federal Bureau of Investigation Laboratory, or to another laboratory approved by the FBI, for the purpose of carrying out a DNA analysis on each such DNA sample and including the results in CODIS. The requirements of this subsection may be waived, with the permission of the Federal Bureau of Investigation, if DNA samples are analyzed by means of Rapid DNA instruments and the results are included in CODIS.
"(c) The authorization of DNA sample collection by this section shall not limit DNA sample collection by any agency pursuant to any other authority.
"(d) For the purposes of this section, the terms "DNA sample", "DNA analysis", and "Rapid DNA instruments" shall have the same meaning as provided in 34 U.S.C. § 40703(c).
Sec. 23. The Criminal Justice Coordinating Council for the District of Columbia Establishment Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 22-4231 et seq.), is amended as follows:
Section 1504(a) (D.C. Official Code § 22-4233(a)) is amended as follows:
(1) Paragraph (20) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(2) Paragraph (21) is amended by striking the period and inserting the phrase "; and" in its place.
(3) A new paragraph (22) is added to read as follows:
"(22) The Chairperson of the District of Columbia Sentencing Commission.".
Sec. 24. An Act To control the possession, sale, transfer and use of pistols and other dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of evidence, and for other purposes, approved July 8, 1932 (47 Stat. 650; D.C. Official Code § 22-4501 et seq.), is amended as follows:
(a) Section 1 (D.C. Official Code § 22-4501) is amended as follows:
(1) Paragraphs (1) and (1A) are redesignated as paragraph (1A) and (1B), respectively.
(2) A new paragraph (1) is added to read as follows:
"(1) "Ammunition" shall have the same meaning as provided in
(3) A new paragraph (4A) is added to read as follows:
"(4A) "Open to the general public" means a location:
"(A) To which the public is invited; and
"(B) For which no payment, membership, affiliation, appointment, or special permission is required for an adult to enter, other than proof of age or a security screening.".
(4) Paragraph (7A) is redesignated as paragraph (7B).
(5) A new paragraph (7A) is added to read as follows:
"(7A) "Public conveyance" means any government-operated air, land, or water vehicle used for the transportation of persons, including any airplane, train, bus, or boat.".
(b) Section 3 (D.C. Official Code § 22-4503) is amended as follows:
(1) Subsection (a) is amended as follows:
(A) Paragraph (5)(C) is amended by striking the semicolon and inserting the phrase "; or" in its place.
(B) Paragraph (6) is amended to read as follows:
"(6) Has been convicted within the past 5 years of:
"(A) An intrafamily offense, as that term is defined in
"(B) Stalking or attempted stalking, pursuant to
(2) New subsections (c-1) and (c-2) are added to read as follows:
"(c-1)(1) It shall be unlawful for any person knowingly to possess or receive any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered.
"(2) It shall be unlawful for any person to receive, possess, conceal, store, barter, sell, or dispose of any stolen firearm or stolen ammunition, or pledge or accept as security for a loan any stolen firearm or stolen ammunition, knowing or having reasonable cause to believe that the firearm or ammunition was stolen.
"(c-2) A person who violates subsection (c-1) of this section shall upon conviction be fined no more than the amount set forth in
(c) Section 3a (D.C. Official Code § 22-4503.01) is amended as follows:
(1) The existing text is designated as subsection (a).
(2) A new subsection (b) is added to read as follows:
"(b) A person who violates this section shall upon conviction be fined no more than the amount set forth in
(d) New sections 3c and 3d are added to read as follows:
"Sec. 3c. Endangerment with a firearm.
"(a) A person commits endangerment with a firearm when the person:
"(1) Knowingly discharges a projectile from a firearm outside a licensed firing range; and
"(2) Either:
"(A) The person knows that the discharged projectile creates a substantial risk of death or bodily injury to another person; or
"(B) In fact:
"(i) The person is in, or the discharged projectile travels through or stops in, a location that is:
"(I) Open to the general public at the time of the offense;
"(II) A communal area of multi-unit housing; or
"(III) Inside a public conveyance or a rail station; and
"(ii) The person does not have permission to discharge a projectile from a firearm under:
"(I) A written permit issued by the Metropolitan Police Department; or
"(II) Other District or federal law.
"(b) Except as provided in subsection (c) of this section, whoever violates this section shall upon conviction be fined no more than the amount set forth in
"(c) Whoever violates this section shall upon conviction be fined no more than the amount set forth in
"(1) The violation of this section occurs after a person has been convicted of a felony, either in the District of Columbia or another jurisdiction; or
"(2) Five or more projectiles are discharged from a firearm within a single course of conduct.
"(d) When arising from the same act or course of conduct, a conviction for an offense under this section shall merge with a conviction:
"(1) Under
"(2) For another offense outside of this act that has, as an element in the offense definition or in the applicable penalty enhancement, possessing or having readily available a firearm, imitation firearm, or dangerous weapon.
"(e) No mental state shall be required as to any element under subsection (a)(2)(B) of this section.
"(f) It shall be a defense to liability under this section that the person discharged a firearm under circumstances constituting lawful self-defense or defense of others.
"Sec. 3d. Unlawful discarding of firearms and ammunition.
"(a) It shall be unlawful for any person to knowingly discard, throw, or deposit any loaded or unloaded firearm or ammunition in a place other than the person's dwelling place, place of business, or on other land possessed by the person.
"(b) Subsection (a) of this section shall not apply where a person:
"(1) Throws, discards, or deposits any firearm or ammunition in a securely locked box or secured container;
"(2) Is expressly directed by a law enforcement officer to throw, discard, or deposit any firearm or ammunition, and does so in the manner directed by the officer, and not while fleeing or attempting to elude any law enforcement officer;
"(3) Throws, discards, or deposits any firearm or ammunition while participating in a lawful firearms training and safety class conducted by an arms instructor; or
"(4) Who is a licensee, as that term is defined in
"(c) It shall be an affirmative defense, which shall be proven by a preponderance of the evidence, that the person threw, discarded, or deposited the firearm or ammunition while, in fact, voluntarily surrendering the item pursuant to
"(d)(1) Except as provided in paragraph (2) of this subsection, a person who violates this section shall be fined no more than the amount set forth in
"(2) If the violation of this section occurs after a person has been convicted of a felony, either in the District of Columbia or another jurisdiction, the person shall be fined no more than the amount set forth in
(e) Section 14 (D.C. Official Code § 22-4514) is amended as follows:
(1) Subsection (a) is amended by striking the phrase "any machine gun," and inserting the phrase "any item that is, in fact, a machine gun," in its place.
(2) Subsection (c) is amended to read as follows:
"(c) Whoever violates this section shall be punished as provided in
"(1) The violation involves possession of a sawed-off shotgun, or ghost gun, in which case such person shall be fined no more than the amount set forth in
"(2) The violation involves possession of a machine gun, in which case such person shall be fined no more than the amount set forth in
"(3) The violation occurs after such person has been convicted in the District of Columbia of a violation of this section, or of a felony, either in the District of Columbia or in another jurisdiction, in which case such person shall be fined no more than the amount set forth in
(3) Subsection (d) is repealed.
Sec. 25. Title 23 of the District of Columbia Official Code is amended as follows:
(a) Section 23-113(a) is amended by adding a new paragraph (1A) to read as follows:
"(1A) Any offense that is properly joinable with any of the crimes listed in paragraph (1) of this subsection is barred if not commenced within 15 years after it is committed.".
(b) Section 23-563(b) is amended to read as follows:
"(b)(1) A warrant or summons issued by the Superior Court of the District of Columbia for an offense punishable by imprisonment for not more than one year, or by a fine only, or by such imprisonment and a fine:
"(A)(i) May be served in any place in the District of Columbia; or
"(ii) May be served at any place within the jurisdiction of the United States, if a judicial officer of the Superior Court of the District of Columbia finds that good cause exists for the warrant or summons to be served at any place within the jurisdiction of the United States; and
"(B) May not be executed more than one year after the date of issuance.
"(2) Good cause for the warrant or summons to be served at any place within the jurisdiction of the United States is presumed where the warrant or summons is for an intrafamily offense, as that term is defined in
(c) Section 23-581 is amended as follows:
(1) Subsection (a)(3) is amended as follows:
(A) Strike the phrase "Fleeing from the scene of an accident" and insert the phrase "Leaving after colliding" in its place.
(B) Strike the phrase "section 10(a) (D.C. Official Code § 50-2201.05(a))" and insert the phrase "section 10c (D.C. Official Code § 50-2201.05c)" in its place.
(2) Subsection (a-3) is amended by striking the phrase "sections 22-3112.1 and 22-3112.2" and inserting the phrase "§§ 22-3312.01, 22-3312.02, and 22-3312.03" in its place.
(d) Section 23-1303(d) is amended to read as follows:
"(d) Any information contained in the agency's files, presented in its report, or divulged during the course of any hearing shall not be admissible on the issue of guilt in any judicial proceeding, but such information may be used in proceedings under §§ 23-1327, 23-1328, and 23-1329, in perjury proceedings, and for the purposes of impeachment in any subsequent proceeding. Any information obtained from a device, as that term is defined in § 22-1211(a)(2), may be used on the issue of guilt in any judicial proceeding.".
(e) Section 23-1321 is amended as follows:
(1) Subsection (b) is amended by striking the phrase "period of release, unless" and inserting the phrase "period of release, and subject to the condition that the person cooperate in the collection of a DNA sample from the person if the collection of such a sample is authorized pursuant to Chapter 41B of Title 22 of the District of Columbia Official Code, unless" in its place.
(2) Subsection (c)(1)(A) is amended by striking the phrase "period of release;" and inserting the phrase "period of release and that the person cooperate in the collection of a DNA sample from the person if the collection of such a sample is authorized pursuant to Chapter 41B of Title 22 of the District of Columbia Official Code;" in its place.
(3) A new subsection (e) is added to read as follows:
"(e)(1) The Metropolitan Police Department may request a supervisory agency to provide the Metropolitan Police Department with location and identification data collected from any detection device that a person is required to wear while incarcerated or committed, while subject to a protection order, or while on pretrial release, presentence release, predisposition release, supervised release, probation, or parole that is deemed by the Chief of Police as necessary in conducting a criminal law enforcement investigation. The Department of Youth Rehabilitation Services shall comply with any request under this subsection.
"(2) For the purposes of this subsection, the term:
"(A) "Device" shall have the same meaning as in
"(B) "Supervisory agencies" means the following agencies:
"(i) The Court Services and Offender Supervision Agency of the District of Columbia;
"(ii) The Department of Youth Rehabilitation Services;
"(iii) The Superior Court of the District of Columbia's Family Court Social Services Division; and
"(iv) The Pretrial Services Agency for the District of Columbia.".
(f) Section 23-1903(d) is amended as follows:
(1) Strike the phrase "child is called to give testimony" and insert the phrase "child is a victim or is called to give testimony" in its place.
(2) Strike the phrase "granting a continuance in cases involving a child witness" and insert the phrase "granting a continuance in cases involving a child victim or child witness" in its place.
(g) Section 23-1912(a) is amended by striking the phrase "subject to a custodial arrest" and inserting the phrase "subject to a subsequent custodial arrest" in its place.
Sec. 26. Section 11233 of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (111 Stat. 748; D.C. Official Code § 24-133), is amended as follows:
(a) Subsection (b)(2)(F) is amended to read as follows:
"(F) Develop and implement intermediate sanctions and incentives for sentenced offenders that officers may use in response to violations of, or compliance with, the conditions of release;".
(b) Subsection (c) is amended as follows:
(1) Paragraph (2) is amended as follows:
(A) Subparagraph (A) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(B) Subparagraph (B) is amended by striking the period and inserting the phrase "; and" in its place.
(C) A new subparagraph (C) is added to read as follows:
"(C) The Agency may impose intermediate sanctions and utilize incentives for offenders who violate, or comply with, the conditions of supervised release; provided, that the Director shall notify the Commission of the use of any intermediate sanctions on the same day in which the sanction is imposed.".
(2) Paragraph (3) is amended to read as follows:
"(3) Supervision of probationers. — Subject to appropriations and program availability, the Agency shall supervise all offenders placed on probation by the Superior Court of the District of Columbia. The Agency shall carry out the conditions of release imposed by the Superior Court (including conditions that probationers undergo training, education, therapy, counseling, drug testing, or drug treatment), impose or implement intermediate sanctions and utilize incentives for violations of, or compliance with, the conditions of release, and shall make such reports to the Superior Court with respect to an individual on probation as the Superior Court may require.".
(3) Paragraph (4) is amended to read as follows:
"(4) Supervision of District of Columbia parolees. — The Agency shall supervise all individuals on parole pursuant to the District of Columbia Official Code. The Agency shall carry out the conditions of release imposed by the United States Parole Commission or, with respect to a misdemeanant, by the Superior Court of the District of Columbia, impose or implement intermediate sanctions and utilize incentives for violations of, or compliance with, the conditions of release, and shall make such reports to the Commission or Court with respect to an individual on parole supervision as the Commission or Court may require.".
(c) Subsection (d) is amended to read as follows:
"(d) Authority of officers. — The supervision officers of the Agency shall have and exercise the same powers and authority as are granted by law to United States Probation and Pretrial Officers; except that, officers shall have the authority to impose or implement intermediate sanctions and utilize incentives for violations of, or compliance with, the conditions of release.".
(d) A new subsection (h) is added to read as follows:
"(h) For purposes of this section, the term:
"(1) "Incentives" means individualized, goal-oriented, and graduated responses to a sentenced offender's compliance with the conditions of release designed to reinforce or modify the skills and behaviors of the offender.
"(2) "Intermediate sanctions" means individualized, graduated punishment options and sanctions, other than incarceration, imposed in response to a sentenced offender's violation of the conditions of release, including:
"(A) Electronic monitoring, including GPS monitoring;
"(B) Drug and alcohol testing;
"(C) Reporting requirements to probation officers;
"(D) Rehabilitative interventions such as substance abuse and mental health treatment; and
"(E) Community service.".
Sec. 27. The lead-in language of section 28-5402 of the District of Columbia Official Code is amended by striking the phrase "A retailer" and inserting the phrase "Beginning January 1, 2025, a retailer" in its place.
Sec. 28. The Act to Regulate Public Conduct on Public Passenger Vehicles, effective September 23, 1975 (D.C. Law 1-18; D.C. Official Code § 35-251 et seq.), is amended as follows:
(a) Section 3 (D.C. Official Code § 35-252) is amended as follows:
(1) The existing text is designated as subsection (a).
(2) A new subsection (b) is added to read as follows:
"(b) A person who is stopped by an individual authorized to issue notices of infractions under
(b) Section 5 (D.C. Official Code § 35-254) is amended as follows:
(1) Subsection (a)(1) is amended by striking the phrase "section 3" and inserting the phrase "section 3(a)" in its place.
(2) Subsection (b) is amended by adding a new paragraph (1A) to read as follows:
"(1A) A person who refuses to provide his or her name and address, or who knowingly provides an incorrect name or address, to an authorized individual in violation of
Sec. 29. Section 4 of the Transit Operator Protection and Enhanced Penalty Amendment Act of 2008, effective July 23, 2008 (D.C. Law 17-206; D.C. Official Code § 35-261), is amended as follows:
(a) The section heading is amended to read as follows:
"Sec. 4. Notice of enhanced penalties for commission of offenses against transit operators, Metrorail station managers, Metrorail station employees, and mass transit vehicle passengers.
(b) Subsection (a)(1) is amended to read as follows:
"(1) The Washington Metropolitan Area Transit Authority shall post or otherwise provide conspicuous notice of the enhanced penalties for the commission of certain offenses against transit operators, Metrorail station managers, Metrorail station employees, and mass transit vehicle passengers in the District of Columbia pursuant to
Sec. 30. The Anti-Loitering/Drug Free Zone Act of 1996, effective June 3, 1997 (D.C. Law 11-270; D.C. Official Code § 48-1001 et seq.), is revived as of the applicability date of the Secure DC Omnibus Emergency Amendment Act of 2024, passed on emergency basis on March 5, 2024 (Enrolled version of Bill 25-735), and amended to read as follows:
"Sec. 2. Definitions.
" For the purposes of
"(1) "Chief of Police" means the Chief of the Metropolitan Police Department as the designated agent of the Mayor.
"(2) "Controlled Substances Act" means the
"(3) "Disperse" means to depart from the designated drug free zone and not to recongregate within the drug free zone with anyone from the group ordered to depart for the purpose of committing an offense under
"(4) "Drug free zone" means public space on public property in an area not to exceed a square of 1,000 feet on each side that is established pursuant to
"(5) "Illegal drug" means the same as the term "controlled substance" in
"(6) "Known unlawful drug user, possessor, or seller" means a person who has, within the knowledge of the arresting officer, been convicted in any court of any violation involving the use, possession, or distribution of any of the substances referred to in
"(7) "Police Department" means the Metropolitan Police Department.
"Sec. 3. Procedure for establishing a drug free zone.
"(a) The Chief of Police may declare any public area a drug free zone for a period not to exceed 120 consecutive hours.
"(b) In determining whether to designate a drug free zone, the Chief of Police shall consider the following
"(1) Within the preceding 6-month period, the occurrence of a disproportionately high number of:
"(A) Arrests for the possession or distribution of illegal drugs in the proposed drug free zone;
"(B) Police reports for dangerous crimes, as that term is defined in
"(C) Police reports for crimes of violence, as that term is defined in
"(2) Any number of homicides that were committed in the proposed drug free zone;
"(3) Objective evidence or verifiable information that shows that illegal drugs are being sold and distributed on public space on public property within the proposed drug free zone; and
"(4) Any other verifiable information from which the Chief of Police may ascertain whether the health or safety of residents who live in the proposed drug free zone are endangered by the purchase, sale, or use of illegal drugs or other illegal activity.
"(c) At least 24 hours prior to the designation of the drug free zone, the Chief of Police shall notify, in writing:
"(1) The Chairman and each member of the Council of the District of Columbia of the declaration of the drug free zone and the boundaries of the drug free zone;
"(2) All licensed medical or social services clinics operating in or adjacent to the drug free zone of the declaration of the drug free zone and the boundaries of the drug free zone; and
"(3) The Deputy Mayor for Health and Human Services, the Director of the Department of Behavioral Health, the Director of the Department of Health, the Director of the Department of Human Services, the Deputy Mayor for Public Safety and Justice, the Director of the Office of Neighborhood Safety and Engagement, and the Office of the Attorney General's "Cure the Streets" program of the designation of the drug free zone, the boundaries of the drug free zone, and the need for any relevant medical or social services in the surrounding area, in order to ensure that this designation does not conflict with
"(d) The Chief of Police may not declare the same area, or an overlapping area, as a drug free zone for more than 360 consecutive hours or for more than 360 hours within a 30-day period.
"Sec. 4. Notice of a drug free zone.
" Upon the designation of a drug free zone, the Police Department shall mark each block within the drug free zone by using barriers, tape, or police officers that post the following information in the immediate area of, and borders around, the drug free zone:
"(1) A statement that it is unlawful for a person to congregate in a group of 2 or more persons for the purpose of committing an offense under
"(2) The boundaries of the drug free zone;
"(3) A statement of the effective dates of the drug free zone designation; and
"(4) Any other additional notice to inform the public of the drug free zone.
"Sec. 5. Prohibition.
"(a) It shall be unlawful for a person to congregate in a group of 2 or more within the perimeter of a drug free zone established pursuant to
"(b) In making a determination that a person is congregating in a drug free zone for the purpose of committing an offense under
"(1) The conduct of a person being observed, including that such person is behaving in a manner raising a reasonable belief that the person is engaging or is about to engage in illegal drug activity, such as the observable distribution of small packages to other persons, the receipt of currency for the exchange of a small package, operating as a lookout, warning others of the arrival of police, concealing himself or herself or any object which reasonably may be connected to unlawful drug-related activity, or engaging in any other conduct normally associated by law enforcement agencies with the illegal distribution or possession of drugs;
"(2) Information from a reliable source indicating that a person being observed routinely distributes illegal drugs within the drug free zone;
"(3) Information from a reliable source indicating that the person being observed is currently engaging in illegal drug-related activity within the drug free zone;
"(4) Such person is physically identified by the officer as a member of a gang or association which engages in illegal drug activity;
"(5) Such person is a known unlawful drug user, possessor, or seller;
"(6) Such person has no other apparent lawful reason for congregating in the drug free zone, such as waiting for a bus, being near one's own residence, or waiting to receive medical or social services;
"(7) Any vehicle involved in the observed circumstances is registered to a known unlawful drug user, possessor, or seller, or a person for whom there is an outstanding arrest warrant for a crime involving drug related activity.
"(c) The prohibition under this section shall not be applied with the primary purpose of depriving persons of social or medical services.
"(d) The Chief of Police shall issue a General Order establishing protocols to ensure that persons seeking or receiving medical or social services near or in a drug free zone are not prevented, discouraged, or otherwise deterred from seeking such services.
"Sec. 6. Penalties.
"(a) Any person who violates
"(b) The fine set forth in this section shall not be limited by
Sec. 31. Chapter 39 of Title 24 of the District of Columbia Municipal Regulations (24 DCMR § 3900 et seq.), is amended as follows:
(a) Subsection 3900.5 is repealed.
(b) Subsection 3900.9 is amended to read as follows:
3900.9"(a) For any incident involving an officer-involved death or serious use of force, a member shall not review their body-worn camera recordings or any body-worn camera recordings that have been shared with them to assist in initial report writing.
"(b) A member shall indicate, when writing any initial or subsequent reports, whether the officer viewed body-worn camera footage prior to writing the report and specify what body-worn camera footage the officer viewed.".
(c) Section 3999.1 is amended as follows:
(1) The definition of "serious use of force" is amended to read as follows:
" Serious use of force" means any:
"(1) Firearm discharges by a Metropolitan Police Department officer, with the exception of a negligent discharge that does not otherwise put members of the public at risk of injury or death, or a range or training incident;
"(2) Head strikes by a Metropolitan Police Department officer with an impact weapon;
"(3) Use of force by a Metropolitan Police Department officer that:
"(A) Results in serious bodily injury;
"(B) Results in a protracted loss of consciousness, or that create a substantial risk of death, serious disfigurement, disability or impairment of the functioning of any body part or organ;
"(C) Involves the use of a prohibited technique, as that term is defined in section 3 of the Limitation on the Use of the Chokehold Act of 1985, effective January 25, 1986 (D.C. Law 6-77; D.C. Official Code § 5-125.02(6)); or
"(D) Results in a death; and
"(4) Incidents in which a Metropolitan Police Department canine bites a person."."
(2) Insert a new definition between the definitions of "next of kin" and "subject" to read as follows:
"Serious bodily injury"" means extreme physical pain, illness, or impairment of physical condition including physical injury that involves a substantial risk of death, protracted and obvious disfigurement, protracted loss or impairment of the function of a bodily member or organ, or protracted loss of consciousness.".
Sec. 32. Section 5 of the Prioritizing Public Safety Temporary Amendment Act of 2023, enacted on October 5, 2023 (D.C. Act 25-229; 70 DCR 13762), is repealed.
Sec. 33. Applicability.
(a) Except as provided in subsection (b) of this section, this act shall apply beginning at midnight on the day after approval by the Mayor.
(b) Section 9 shall apply as of July 22, 2020.
Sec. 34. Fiscal impact statement.
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 35. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).
