Chapter 1. Metropolitan Police.

Subchapter I. Police Districts; Police Services Areas.

§ 5–101.01. Police District created.

The District is constituted a police district, to be called “The Metropolitan Police District of the District of Columbia.”

(R.S., D.C., § 321.)

Prior Codifications

1981 Ed., § 4-101.

1973 Ed., § 4-101.

Cross References

Demonstrations, marches, and assemblies relating to federal government, reimbursement of costs incurred by District, see § 1-207.37.

District of Columbia, territorial area, see §§ 1-101, 1-207.17.

Metropolitan Police, assistance to Secret Service, see § 1-207.31.

Editor's Notes

Council Police Misconduct and Personnel Management Special Committee Creation Emergency Resolution of 1997: Pursuant to Resolution 12-344, effective December 16, 1997, the Council approved the creation of a special committee for the Council of Police Misconduct and Personnel Management.

Special Committee on Police Misconduct and Personnel Management Extension Resolution of 1998: Pursuant to Resolution 12-690, effective September 22, 1998, the Council approved an extension for the Special Committee on Police Misconduct and Personnel Management.

§ 5–101.02. Boundaries and subdivision of Police District.

The Metropolitan Police District of the District of Columbia shall be coextensive with the District of Columbia, and shall be subdivided into such police districts and precincts as the Council of the District of Columbia may from time to time direct.

(Feb. 28, 1901, 31 Stat. 819, ch. 623, § 1; June 8, 1906, 34 Stat. 221, ch. 3056.)

Prior Codifications

1981 Ed., § 4-103.

1973 Ed., § 4-102.

Section References

This section is referenced in § 1-632.03.

Cross References

District of Columbia, territorial area, see §§ 1-101, 1-207.17.

Merit system, application to police officers and firefighters, see § 1-632.03.

Editor's Notes

Prior to Home Rule, the District of Columbia Council, via section 7.9 of Regulation No. 72-2, approved January 14, 1972, 18 DCR 417, delegated the authority to change the geographical boundaries of the police patrol districts to the Chief of Police.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(89) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–101.03. General duties of Mayor.

It shall be the duty of the Mayor of the District of Columbia at all times of the day and night within the boundaries of said Police District:

(1) To preserve the public peace;

(2) To prevent crime and arrest offenders;

(3) To protect the rights of persons and of property;

(4) To guard the public health;

(5) To preserve order at every public election;

(6) To remove nuisances existing in the public streets, roads, alleys, highways, and other places;

(7) To provide a proper police force at every fire, in order that thereby the firemen and property may be protected;

(8) To protect strangers and travelers at steamboat and ship landings and railway stations;

(9) To see that all laws relating to the observance of Sunday, and regarding pawnbrokers, mock auctions, elections, gambling, intemperance, lottery dealers, vagrants, disorderly persons, and the public health, are promptly enforced; and

(10) To enforce and obey all laws and ordinances in force in the District, or any part thereof, which are properly applicable to police or health, and not inconsistent with the provisions of this title. The police shall, as far as practicable, aid in the enforcement of garbage regulations.

(R.S., D.C., § 335; June 11, 1878, 20 Stat. 107, ch. 180, § 6; July 14, 1892, 27 Stat. 160, ch. 171.)

Prior Codifications

1981 Ed., § 4-115.

1973 Ed., § 4-119.

Cross References

Alleys, subdivisions, regulation and jurisdiction over, see § 1-1323.

Arrests, warrantless, power and authority of police, see § 23-581.

Capitol grounds, policing, see § 10-503.19.

Mayor, police power of, see §§ 1-303.01 and 1-303.05.

Mentally ill, detention, see § 21-521 et seq.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–101.04. Police Services Areas.

(a) By January 1, 2001, the Chief of the Metropolitan Police Department (“MPD”) shall submit to the Council a study performed by MPD on the efficacy of the Police Service Area (“PSA”) model, including:

(1) Whether re-engineering of the model is necessary;

(2) Whether PSA boundaries need to be redrawn; and

(3) Whether PSA staffing is appropriate.

(b) By April 1, 2001, the Chief of MPD shall submit a plan to the Council for redeploying sworn officers into the PSA system. Pursuant to this redeployment plan, a minimum of 60% of all sworn officers who are available for full duty would be assigned to the PSA system. For this purpose, these officers would be assigned to street patrol and available to respond to calls for service.

(c) The requirement set forth in subsection (b) of this section does not preclude the Chief of Police from also submitting alternatives to the redeployment plan required by the Council.

(d)(1) Until MPD attains 3,700 sworn officers, the Chief of the MPD shall deploy sworn officers as necessary to ensure that a minimum of 62% of all sworn police personnel are assigned to direct service delivery in the PSAs. Sworn officers assigned to PSAs shall not be deployed outside of their respective PSAs at any time, unless responding to an emergency situation.

(2) For the purposes of this subsection, the term:

(A) “Sworn police personnel” is limited to all of the sworn lieutenants, sergeants, and officers.

(B) Emergency situation” means any extraordinary occurrence in the District of Columbia which requires the use of sworn police personnel to protect the health and safety of residents and visitors, including civil disorder, riots, acts of terrorism, or natural disasters.”

(e) The deployment of sworn officers to the PSAs shall be based on the following considerations:

(1) The number of Part 1 offenses;

(2) Drug activities;

(3) The number of arrests;

(4) The need for traffic enforcement; and

(5) The number of calls for service.

(f) Until MPD attains 3,800 sworn officers, all newly sworn officers who were recruited by MPD to become police officers shall be assigned to neighborhood patrols in the PSAs.

(Oct. 19, 2000, D.C. Law 13-172, § 842, 47 DCR 6308; Nov. 13, 2003, D.C. Law 15-39, § 3002, 50 DCR 5668; Apr. 13, 2005, D.C. Law 15-354, § 97, 52 DCR 2638.)

Effect of Amendments

D.C. Law 15-39 added subsecs. (d), (e), and (f).

D.C. Law 15-354 substituted “Police Services Area” for “Patrol Services Area”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 842 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) amendment of section, see § 2 of the Public Safety Crisis Emergency Amendment Act of 2003 (D.C. Act 15-26, February 24, 2003, 50 DCR 2148).

For temporary (90 day) amendment of section, see § 2902 of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).

For temporary (90 day) amendment of section, see § 2902 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).

For temporary (90 day) prohibition of implementation of Metropolitan Police Department’s Police Service Areas restructuring plan prior to Council review, see § 2 of PSA Restructuring Council Review Emergency Act of 2003 (D.C. Act 15-206, October 24, 2003, 50 DCR 9850).

For temporary (90 day) prohibition of implementation of Metropolitan Police Department’s Police Service Areas restructuring plan prior to Council review, see § 2 of PSA Restructuring Council Review Congressional Review Emergency Act of 2004 (D.C. Act 15-337, January 29, 2004, 51 DCR 1813).

Temporary Legislation

For temporary (225 day) addition, see § 2 of PSA Restructuring Council Review Temporary Act of 2003 (D.C. Law 15-79, March 10, 2004, law notification 51 DCR 3371).

Short Title

Short title of title XXX of Law 15-39: Section 3001 of D.C. Law 15-39 provided that title XXX of the act may be cited as the Neighborhood Safety Amendment Act of 2003.

Editor's Notes

Applicability: Section 3003 of D.C. Law 15-39 provided: “This title shall apply as of October 1, 2003. The delayed applicability of the title shall not be construed as prohibiting the Chief of the Metropolitan Police Department from implementing the changes mandated by the title prior to October 1, 2003.”

Subchapter II. Police Code.

§ 5–103.01. Publication authorized.

The Mayor of the District of Columbia is authorized, from time to time, without expense to the United States, to cause to be collected into compact form all the laws and ordinances in force in the District having relation and applicable to police and health, and to publish the same in a form easily accessible to all members of the community as the Police Code of the District.

(R.S., D.C., § 437; June 11, 1878, 20 Stat. 107, ch. 180, § 6.)

Prior Codifications

1981 Ed., § 4-177.

1973 Ed., § 4-177.

Section References

This section is referenced in § 5-103.02.

Cross References

Municipal ordinances and regulations, proof, see § 14-505.

Protection of life, health, and property, rules and regulations, see § 1-303.03.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–103.02. Legal effect.

The Police Code, prepared in accordance with § 5-103.01 and such rules as the Mayor of the District of Columbia may from time to time adopt for the purpose of enforcing and carrying out the provisions thereof, shall constitute the law of the District upon the matters therein contained.

(R.S., D.C., § 438.)

Prior Codifications

1981 Ed., § 4-178.

1973 Ed., § 4-178.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

Subchapter III. Personnel.

§ 5–105.01. Appointments; assignments; promotions; applicable civil service provisions; vacancies.

(a) The Mayor of said District shall appoint to office, assign to such duty or duties as he may prescribe, and promote all officers and members of said Metropolitan Police force; provided, that all officers, members, and civilian employees of the force except the Chief of Police, the Assistant and Deputy Chiefs of Police, and the inspectors, shall be appointed and promoted in accordance with the provisions of §§ 1101-1103, 1105, 1301-1303, 1307, 1308, 2102, 2951, 3302-3306, 3318, 3319, 3321, 3361, 7152, 7321, 7322, and 7352 of Title 5, United States Code, and the rules and regulations made in pursuance thereof, in the same manner as members of the classified civil service of the United States; provided further, that the Assistant Chiefs of Police, Deputy Chiefs of Police, and inspectors shall be selected from among the lieutenants and captains of the force and shall be returned to the same civil service rank when the Mayor so determines: Provided further, that privates of class 1, if found efficient, shall serve 1 year on probation, privates of class 2 shall serve 2 years subsequent to service in class 1, and privates of class 3 shall include all those privates who have served efficiently 3 or more years. In order that the full complement of the Metropolitan Police force may at all times be maintained, as authorized by law, the Mayor of the District of Columbia is authorized, when vacancies occur in classes 2 and 3 of said Metropolitan Police force, which cannot be filled by promotion, to appoint privates in class 1 equal in number to the positions vacated in said classes 2 and 3; and the respective salaries specifically provided for such vacant positions may be reduced to pay the salaries of the privates so appointed to class 1.

(a-1)(1) The Mayor shall appoint the Chief of Police, with the advice and consent of the Council, pursuant to § 1-523.01(a).

(2) The Chief of Police may be selected for appointment from among the ranks of officers and members of the Metropolitan Police Department, or from outside the department.

(3) A person selected for appointment as Chief of Police from outside the department shall be paid from the DX Schedule for subordinate agency head positions pursuant to § 1-610.52 and, unless otherwise provided by law, shall be eligible to receive retirement and other benefits as prescribed in subchapter X-A of Chapter 6 of Title 1 [§ 1-610.51 et seq.].

(4) A person selected for appointment as Chief of Police from among the ranks of officers and members of the department shall be paid from the DX Schedule for subordinate agency heads pursuant to § 1-610.52 and, unless otherwise provided by law, shall be subject to the retirement provisions for officers and members of the Metropolitan Police Department.

(b)(1) The Chief of Police shall recommend to the Director of Personnel criteria for Career Service promotions and Excepted Service appointments to Inspector, Commander, and Assistant Chief of Police that address the areas of education, experience, physical fitness, and psychological fitness. The recommended criteria shall be the same for Career Service promotions and Excepted Service appointments to these positions. When establishing the criteria, the Chief of Police shall review national standards, such as the Commission on Accreditation for Law Enforcement Agencies.

(2) All candidates for the positions of Inspector, Commander, and Assistant Chief of Police shall be of good standing with no disciplinary action pending or administered resulting in more than a 14-day suspension or termination within the past 3 years.

(c) Effective April 21, 2003, Charles H. Ramsey, Chief of Police, shall serve in the capacity of Chief of Police for a term of 5 years, except that the Mayor may earlier terminate Chief Ramsey with or without cause.

(d) Effective January 1, 2012, Cathy L. Lanier, Chief of Police, whose appointment was extended by the Mayor on January 2, 2011 (Mayor’s Order 2011-3), shall serve in the capacity of Chief of Police for a term of 5 years, except that the Mayor may earlier terminate Chief Lanier with or without cause.

(e)(1) Effective May 2, 2017, the term of office for Chief of Police shall be 4 years; except, that the Mayor may earlier terminate a Chief of Police with or without cause during that Chief of Police's term of office.

(2) In the event a Chief of Police leaves office prior to the expiration of a 4-year term, the successor Chief nominated by the Mayor and confirmed by the Council shall serve a new 4-year term of office, subject to removal during that term by the Mayor in accordance with paragraph (1) of this subsection.

(Feb. 28, 1901, 31 Stat. 819, ch. 623, § 1; June 8, 1906, 34 Stat. 221, ch. 3056; May 26, 1908, 35 Stat. 296, ch. 198; Dec. 5, 1919, 41 Stat. 363, ch. 1,§ 1; Sept. 30, 2004, D.C. Law 15-194, § 102, 51 DCR 9406; Mar. 2, 2007, D.C. Law 16-199, § 3, 53 DCR 8832; May 13, 2008, D.C. Law 17-154, § 3, 55 DCR 3678; Dec. 21, 2012, D.C. Law 19-205, § 2, 59 DCR 12472; Mar. 7, 2015, D.C. Law 20-173, § 202, 61 DCR 12582; Dec. 3, 2020, D.C. Law 23-149, § 3072, 67 DCR 10493.)

Prior Codifications

1981 Ed., § 4-104.

1973 Ed., § 4-103.

Section References

This section is referenced in § 1-610.58 and § 1-632.03.

Effect of Amendments

D.C. Law 15-194 designated the existing text as subsection (a); and added subsec. (b).

D.C. Law 16-199 added subsec. (c).

D.C. Law 17-154 added subsec. (a-1).

The 2012 amendment by D.C. Law 19-205 added (d).

The 2015 amendment by D.C. Law 20-173 substituted “provided further, that the Assistant Chiefs of Police, Deputy Chiefs of Police, and inspectors shall be selected from among the lieutenants and captains of the force and shall be returned to the same civil service rank when the Mayor so determines” for “provided further, that the Assistant and Deputy Chiefs of Police and inspectors shall be selected from among the captains of the force and shall be returned to the rank of captain when the Mayor so determines” in (a).

Cross References

Merit system, application to police officers and firefighters, see § 1-632.03.

Emergency Legislation

For temporary (90 day) enactment, see § 501 of Enhanced Crime Prevention and Abatement Emergency Amendment Act of 2006 (D.C. Act 16-446, July 21, 2006, 53 DCR 6477).

For temporary (90 days) amendment of this section, see § 202 of the Metropolitan Police Department Commencement of Discipline and Command Staff Appointment Emergency Amendment Act of 2014 (D.C. Act 20-524, Dec. 18, 2014, 61 DCR 13112, 20 STAT 4438).

References in Text

5 U.S.C. § 3306, referred to in the second proviso of the first sentence, was repealed February 10, 1978, 92 Stat. 25, Pub. L. 95-228, § 1. 5 U.S.C.§ 3319 was repealed October 13, 1978, 92 Stat. 1149, Pub. L. 95-454, § 307. 5 U.S.C. § 7152 was transferred October 13, 1978, 92 Stat. 1216, Pub. L. 95-454.

Editor's Notes

Office of Major and Superintendent of Metropolitan Police abolished: The Office of the Major and Superintendent of Metropolitan Police was abolished and all functions of that Office transferred to and vested in the Chief of Police. The Assistant Superintendent, Executive Officer of the Metropolitan Police Department was designated “Deputy Chief of Police, Executive Officer.” The Assistant Superintendent of the Metropolitan Police in command of the Detective Bureau was designated “Deputy Chief of Police, Chief of Detectives.” Each other Assistant Superintendent of the Metropolitan Police was designated “Deputy Chief of Police.”

Section 203 of D.C. Law 20-173 provided that the amendments by §§ 201 and 202 of the act shall expire 2 years after March 7, 2015.

Mayor's Orders

Delegation of Personnel Authority in the Metropolitan Police Department to the Chief of Police: See Mayor’s Order 97-88, May 9, 1997 ( 44 DCR 2959).

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–105.02. District of Columbia Chief of Police. [Repealed]

Repealed.

§ 5–105.03. Oath of office.

The Mayor of the District of Columbia shall require an oath of office to be taken by the members of the police force, and shall make suitable provisions respecting the same, and for the registry thereof, and such oath may be taken before said Mayor, who is empowered to administer the same.

(R.S., D.C., § 351; June 11, 1878, 20 Stat. 107, ch. 180, § 6.)

Prior Codifications

1981 Ed., § 4-105.

1973 Ed., § 4-104.

Section References

This section is referenced in § 1-632.03.

Cross References

Merit system, application to police officers and firefighters, see § 1-632.03.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–105.04. Probation period.

No person shall receive a permanent appointment who has not served the required probationary period, but the service during probation shall be deemed to be service in the uniformed force if succeeded by a permanent appointment, and as such shall be included and counted in determining eligibility for advancement, promotion, retirement, and pension in accordance with existing law. If at any time during the period of probation, the conduct or capacity of the probationer is determined by the Mayor of the District of Columbia, or his designated agent, to be unsatisfactory, the probationer shall be separated from the service after advance written notification of the reasons for and the effective date of the separation. The retention of the probationer in the service after satisfactory completion of the probationary period shall be equivalent to a permanent appointment therein.

(Aug. 31, 1918, 40 Stat. 938, ch. 164; May 27, 1968, 82 Stat. 145, Pub. L. 90-320, § 6.)

Prior Codifications

1981 Ed., § 4-106.

1973 Ed., § 4-105.

Section References

This section is referenced in § 1-632.03.

Cross References

Merit system, application to police officers and firefighters, see § 1-632.03.

Mayor's Orders

Delegation of Personnel Authority in the Metropolitan Police Department to the Chief of Police: See Mayor’s Order 97-88, May 9, 1997 ( 44 DCR 2959).

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–105.05. Composition of force; duties of positions.

The said Metropolitan Police force shall consist of 1 Chief of Police, who shall continue to be invested with such powers and charged with such duties as is provided by existing law; and also of 1 Assistant Superintendent with the rank of inspector; 4 surgeons for the Police and Fire Departments; 3 inspectors; 10 captains; 12 lieutenants, one of whom shall be Harbor Master; and such number of sergeants; and privates of class 3; privates of class 2; privates of class 1; mounted inspectors, captains, lieutenants, sergeants, and privates on horses and bicycles, and such others as said Mayor may deem necessary within the appropriations made by Congress; provided, that the inspectors shall perform the duties required on June 8, 1906, of captains in the force, that the captains shall command police precincts and perform such duty or duties in connection therewith as the laws and regulations of the said Mayor may prescribe. The Chief of Police shall be charged with the enforcement of all laws and regulations relating to the harbor, and employ the lieutenant, force, and means provided for this service in the execution of the duties appertaining thereto. The Metropolitan Police force shall consist of not less than 3,000 officers and members, in addition to the persons appointed as surgeons for the Metropolitan Police force, appointed as police matrons, or appointed as special privates pursuant to § 5-129.03, and in addition to any retired officer or member of the Metropolitan Police force called back into service pursuant to § 5-712(a).

(Feb. 28, 1901, 31 Stat. 819, ch. 623, § 1; Mar. 3, 1905, 33 Stat. 902, ch. 1406; June 8, 1906, 34 Stat. 221, ch. 3056; May 9, 1956, 70 Stat. 148, ch. 243, § 1; June 27, 1961, 75 Stat. 121, Pub. L. 87-60, § 1.)

Prior Codifications

1981 Ed., § 4-107.

1973 Ed., § 4-106.

Section References

This section is referenced in § 1-603.01 and § 1-632.03.

Cross References

Adult protective services, reports of abuse or neglect, see § 7-1903.

Criminal offenses, harbor regulations, see § 22-4401.

Criminal offenses, impersonating police officers, see § 22-1404.

Criminal offenses, prostitution, assessment of taxes against property used for, see § 22-2720.

Criminal proceedings, service of process, see § 16-703.

Designation of officer to take bonds or collateral, see § 23-1110.

Firearms control provisions, administration by Chief of Police, see § 7-2501.01 et seq.

Merit system, application to police officers and firefighters, see § 1-632.03.

Merit system, metropolitan police force, see § 1-603.01.

Pistols, issuance of licenses to carry, see § 22-4506.

Prevention of cruelty to animals and children, detailing officer to Humane Society, see §§ 44-1509 and 44-1510.

Uniform Controlled Substances Acts, enforcement, see § 48-905.01 et seq.

Weapons, permission to sell to designated classes of persons, see §§ 22-4508, 22-4510, and 22-4514.

Weapons, sales of, copying of records, see § 22-4510.

Wharves, control, see § 10-501.01 et seq.

Editor's Notes

Office of Major and Superintendent of Metropolitan Police abolished: See Historical and Statutory Notes following § 5-105.01.

Establishment of drug free zones: For provisions regarding procedures for the establishment of a public area as a drug free zone by the Chief of Police, see § 48-1002.

For temporary provisions regarding procedures for the establishment of a public area as a drug free zone by the Chief of Police, see § 3 of the Anti-Loitering/Drug Free Zone Emergency Act of 1996 (D.C. Act 11-278, May 29, 1996, 43 DCR 2974), § 3 of the Anti-Loitering/Drug Free Zone Legislative Review Emergency Act of 1996 (D.C. Act 11-319, July 31, 1996, 43 DCR 4487), § 3 of the Anti-Loitering/Drug Free Zone Congressional Review Emergency Act of 1996 (D.C. Act 11-426, October 28, 1996, 43 DCR 6331), § 3 of the Anti-Loitering/Drug Free Zone Second Congressional Review Emergency Act of 1996 (D.C. Act 11-468, December 30, 1996, 44 DCR 175), and § 3 of the Anti-Loitering/Drug Free Zone Congressional Review Emergency Act of 1997 (D.C. Act 12-55, March 31, 1997, 44 DCR 2219).

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–105.06. Assistant to inspector commanding detective bureau.

On and after June 20, 1942, the Mayor of the District of Columbia may assign to duty as assistant to the inspector commanding the detective bureau in the Metropolitan Police Department any officer or member of the Metropolitan Police force and, during the period of such assignment, the said officer or member shall hold the rank and receive the pay of a captain of police and shall be eligible for assignment, by the said Mayor, as chief of detectives. For the duration of such latter assignment such officer or member shall hold the rank and receive the pay of a Deputy Chief of Police.

(June 20, 1942, 56 Stat. 374, ch. 427, § 1.)

Prior Codifications

1981 Ed., § 4-108.

1973 Ed., § 4-106a.

Section References

This section is referenced in § 1-632.03.

Cross References

Merit system, application to police officers and firefighters, see § 1-632.03.

Editor's Notes

Office of Major and Superintendent of Metropolitan Police abolished: See Historical and Statutory Notes following § 5-105.01.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–105.07. Age limits in original appointments.

The Council of the District of Columbia is authorized to determine and fix the minimum and maximum limits of age within which original appointments to the Metropolitan Police Department may be made.

(Jan. 24, 1920, 41 Stat. 398, ch. 54, § 4.)

Prior Codifications

1981 Ed., § 4-109.

1973 Ed., § 4-107.

Section References

This section is referenced in § 1-632.03.

Cross References

Merit system, application to police officers and firefighters, see § 1-632.03.

New Implementing Regulations

New implementing regulations: Pursuant to this section, the following new regulations were adopted in 1979: The “Police Manual Amendment Act of 1979” (D.C. Law 3-32, Oct. 18, 1979, 26 DCR 778).

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(90) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–105.08. Residence requirements for members of the Police and Fire Departments; waiver thereof; maintenance of telephone at residence. [Repealed]

Repealed.

§ 5–105.09. Service of process.

No later than 60 days following March 6, 2007, the Chief of Police, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules establishing a procedure for service of process upon sworn members of the Metropolitan Police Department for actions arising out of the performance of their duties. The rules shall include the following:

(1) A process whereby the sworn member is notified that service of process is being attempted on him or her;

(2) A process for notifying a process server and the public of a specific time and place where service will be made;

(3) The designation of one or more offices, at the command level or the department’s general counsel, where service shall be accepted on behalf of the sworn member, and

(4) The discipline to be meted out against any sworn member who avoids service of process.

Subchapter IV. Metropolitan Police Department Application, Appointment, and Training Requirements.

§ 5–107.01. Minimum standards for members of the Metropolitan Police Department.

(a) Repealed.

(b) Repealed.

(d) Repealed.

(e) To be eligible for appointment as a sworn member of the Metropolitan Police Department, an applicant shall have either:

(1) Successfully completed 60 hours of post-secondary education at an accredited college or university;

(2) Served in the Armed Forces of the United States, including the Organized Reserves and National Guard, for at least 2 years on active duty and if separated from the military, have received an honorable discharge; or

(3) Served at least 3 years in a full-duty status with a full-service police department in a municipality or state within the United States and have resigned or retired in good standing.

(f) An applicant shall be ineligible for appointment as a sworn member of the Metropolitan Police Department if the applicant:

(1) Was previously determined by a law enforcement agency to have committed serious misconduct, as determined by the Chief by General Order;

(2) Was previously terminated or forced to resign for disciplinary reasons from any commissioned, recruit, or probationary position with a law enforcement agency; or

(3) Previously resigned from a law enforcement agency to avoid potential, proposed, or pending adverse disciplinary action or termination.

§ 5–107.01a. Obligated service.

(a) A candidate for appointment as a sworn member of the Metropolitan Police Department shall execute an agreement obligating the candidate to serve a minimum of 2 years as a sworn member upon successful completion of the initial training program.

(b) Except as provided in subsection (c) of this section, a sworn member who voluntarily leaves the Metropolitan Police Department before fulfilling the 2-year term of obligated service required under subsection (a) of this section shall reimburse the District for expenses incurred by it, up to $5,000, in connection with that member’s initial training, other than the member’s pay. The Chief of Police may increase the $5,000 limit on reimbursement by General Order or rulemaking.

(c) A sworn member who voluntarily leaves the Metropolitan Police Department before fulfilling the 2-year term of obligated service shall not be liable for reimbursement to the District if:

(1) The separation is directly due to the need to care for an individual in the member’s immediate family; or

(2) The member transfers to another law enforcement agency within the District government and completes the 2-year term at that agency.

(d) The Office of the Attorney General for the District of Columbia may bring a civil action in the Superior Court of the District of Columbia to recover the monies owed the District under subsection (b) of this section along with the costs of the action, including reasonable attorney’s fees.

§ 5–107.02. Mandatory continuing education program for sworn members of the Metropolitan Police Department.

(a) The Department shall implement a program of continuing education for its sworn members, which shall consist of a minimum of 32 hours of training each year.

(b) The continuing education required by subsection (a) of this section shall include, at a minimum, instruction on:

(1) Community policing;

(2) Recognizing and preventing biased-based policing, racism, and white supremacy;

(3) Limiting the use of force and employing de-escalation tactics;

(4) Prohibited techniques, as that term is defined in § 5-125.02(6);

(4A) Best practices for identifying, and interacting with individuals living with, Alzheimer's Disease or other dementias, and the risks such individuals face, such as wandering and elder abuse[;]

(5) Mental and behavioral health awareness;

(6) Linguistic and cultural competency;

(7) The constitutional requirements for conducting searches and seizures, including the use of protective pat-downs, and the limitations on the use of consent searches, as described in § 23-526; and

(8) The duty of a sworn officer to report, and the method for reporting, suspected misconduct or excessive use of force by a law enforcement officer that a sworn member observes or that comes to the sworn member's attention, as well as any governing District laws and regulations and Department written directives.

§ 5–107.02a. Physical examinations and agility standards.

(a) All sworn members of the Metropolitan Police Department shall be required to pass, at least biennially, a physical examination and a physical agility test. The physical examination shall be performed by a physician at the Police and Fire Clinic using current medical standards adopted after consultation with medical professionals within 180 days of September 30, 2004. The physical agility testing shall be based on full-duty physical performance standards adopted within 180 days of the September 30, 2004.

(b) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this section within 180 days of September 30, 2004.

§ 5–107.03. Establishment of District of Columbia Police Officers Standards and Training Board.

(a) There is hereby established the Police Officers Standards and Training Board (“Board”).

(b) Membership on the Board shall consist of the following 15 persons who shall be voting members:

(1) The Mayor or the Mayor’s designee;

(2) Chief of Police, Metropolitan Police Department or the Chief of Police’s designee;

(2A) Executive Director of the Office of Police Complaints or the Executive Director's designee;

(3) The Attorney General for the District of Columbia or the Attorney General's designee;

(4) United States Attorney for the District of Columbia or the United States Attorney’s designee;

(5) Assistant Director in Charge, Washington Field Office, Federal Bureau of Investigation or the Assistant Director’s designee;

(6) Representative of the District of Columbia Superior Court appointed by the Mayor in consultation with the Chief Judge of the Superior Court;

(7) One criminal justice educator appointed by the Mayor;

(8) One police representative appointed by the certified collective bargaining agent, and one police representative appointed by the Mayor in consultation with the Chief of Police; and

(9) Five community representatives appointed by the Mayor, each with expertise in one of the following areas:

(A) Oversight of law enforcement;

(B) Juvenile justice reform;

(D) Gender-based violence or LGBTQ social services, policy, or advocacy; and

(E) Violence prevention or intervention.

(b-1) The Mayor, in consultation with the Chief of Police, shall appoint one Metropolitan Police Department Reserve Corps representative as an advisory, nonvoting member of the Board.

(1) The Executive Director, Maryland Police and Correctional Training Commissions; and

(2) The Director, Division of Training and Standards, Virginia Department of Criminal Justice.

(d) The appointments to the Board shall be for a 3-year term.

(e) No member shall serve beyond the time when he or she holds the office or employment by reason of which he or she was initially eligible for appointment and any member chosen to fill a vacancy created otherwise than by expiration of a term shall be appointed for the unexpired portion of the term of the member whom he or she succeeds.

(f) The members shall receive no salary but members shall be reimbursed for their expenses lawfully incurred in the performance of their official functions.

(g) Members appointed to the Board by the Mayor may be removed by the Mayor for incompetence, neglect of duty, or misconduct.

(h) The Chairperson shall be appointed by the Mayor from among the voting members of the Board and the vice chair shall be elected from among the voting members.

(i) The Board shall hold its initial meeting by September 1, 2020. Thereafter, the Board shall meet a minimum of twice each calendar year and at other times as it or the Board’s Chairperson may determine. The majority of the voting members of the Board shall constitute a quorum for the transaction of business, the performance of duties or for the exercise of any of its authority. Advisory members shall be entitled to participate in the business and deliberation of the Board, but shall not be entitled to vote. The Board shall establish its own procedures and requirements with respect to the place and conduct of its meetings.

§ 5–107.04. Duties of the Board.

(a) The Board shall establish minimum application and appointment criteria for the Metropolitan Police Department that include the following:

(1) That an applicant be a citizen or national of, or person lawfully admitted for permanent residence in, the United States at the time of application;

(2) Age limits;

(3) Height and weight guidelines;

(4) Physical fitness and health standards;

(5) Psychological fitness and health standards;

(6) The completion of a criminal background investigation;

(7) The consideration to be placed on an applicant’s participation in court-ordered community supervision or probation for any criminal offense at any time from application through appointment;

(8) The consideration to be placed on an applicant’s criminal history, including juvenile records;

(9) The completion of a background investigation;

(10) Military discharge classification information;

(11) Information on prior service with the Metropolitan Police Department; and

(12) 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.

(b) Notwithstanding the minimum standards established by the Board in accordance with subsection (a) of this section, the Chief of Police may deny employment to any applicant based upon conduct occurring while the applicant was a minor if, considering the totality of the circumstances, the Chief of Police determines that the applicant has not displayed the good moral character or integrity necessary to perform the duties of a sworn member of the Metropolitan Police Department.

(c) Each applicant selected for appointment as a sworn member of the Metropolitan Police Department shall successfully complete an initial training program and initial firearms training program before deployment, including minimum requirements developed by the Board, unless the applicant receives a waiver pursuant to subsection (e) of this section.

(d) The Board shall determine minimum requirements for the initial training program and initial firearms training program for Metropolitan Police Department recruits, including the appropriate sequence, content, and duration of each program, and:

(1) The minimum number of hours required;

(2) If and under what circumstances the initial training program will include temporary deployment of the applicant before regular deployment as a sworn member; and

(3) The subjects to be included as part of every applicant’s initial training.

(e) The Chief of Police may modify or waive the initial training program and initial firearms training program requirements for either of the following:

(1) Any applicant who is a former sworn member of the Metropolitan Police Department who has been separated from employment with the Metropolitan Police Department for less than 3 years; or

(2) Any former member of a federal, state, or local law enforcement agency who has completed training similar to the Metropolitan Police Department’s initial training program and initial firearms training program and who has been separated from employment with a federal, state, or local law enforcement agency for less than 3 years.

(f) The Board shall determine minimum requirements for a continuing education program for sworn members of the Metropolitan Police Department, including:

(1) Requirements for a continuing education firearms training program; and

(2) The appropriate consequence, including ineligibility for promotion, if a member fails to satisfy the continuing education requirement.

(f-1) The Board shall develop and operate a training program, in coordination with the Department of Health, the Department of Aging and Community Living, and the Office of the Attorney General, that includes:

(1) Instruction on best practices for identifying, and interacting with individuals living with, Alzheimer's Disease or other dementias, and the risks such individuals face, such as wandering and elder abuse;

(2) Initial training, required to be completed after appointment, that covers the following topics:

(A) Neurological, psychiatric, and behavioral symptoms of Alzheimer's Disease and other dementias;

(B) Communication issues, including how to communicate respectfully and effectively with individuals living with Alzheimer's Disease or other dementias in order to determine the most appropriate response, and effective communication techniques to enhance collaboration with caregivers;

(C) Techniques for understanding and approaching behavioral symptoms and identifying alternatives to physical restraints;

(D) Identifying and reporting incidents of abuse, neglect, and exploitation to Adult Protective Services;

(E) Protocols for contacting caregivers when an individual living with Alzheimer's Disease or other dementias is found wandering or during emergency or crisis situations; and

(F) Local caregiving resources that are available for individuals living with Alzheimer's Disease or other dementias; and

(3) Required continuing education that covers the subjects described in paragraph (2) of this subsection.

(g) The Metropolitan Police Department may utilize the services of other law enforcement agencies or organizations engaged in the education and training of law enforcement personnel to satisfy any portion of the initial training program, the initial firearms training program, or the continuing education program pursuant to this section.

(h) The Board shall establish the minimum requirements for any instructor of any component of the Metropolitan Police Department’s initial training program, continuing education program, or firearms training program.

(i) The Board shall establish minimum selection and training standards for members of the District of Columbia Housing Authority Police Department.

(j) The Board shall also review and make recommendations to the Chief of Police, the Mayor, and the Council, regarding:

(1) The Metropolitan Police Department’s tuition assistance program;

(2) The optimal probationary period for new members of the Metropolitan Police Department pursuant to subsection (q) of this section;

(3) The issue of creating separate career tracks for patrol and investigations;

(4) Minimum standards for continued level of physical fitness for sworn members of the Metropolitan Police Department; and

(5) The Metropolitan Police Department Reserve Corps program’s training and standards.

(k) The minimum standards set by the Board pursuant to subsections (a), (d), (f), and (h) of this section shall not preclude the Metropolitan Police Department from establishing higher standards, including standards regarding its application, initial training, and continuing education programs at the department.

(l) The minimum standards set by the Board pursuant to subsection (i) of this section shall not preclude the District of Columbia Housing Authority Police Department from establishing higher standards.

(m) Not later than December 31 of each calendar year, the Board, through the Chief of Police, shall deliver a report to the Mayor and the Council concerning the Metropolitan Police Department’s initial training program, continuing education program, and firearms training program. The report shall include:

(1) The number of:

(A) Applicants who have successfully completed the application process;

(B) Applicants who have completed the initial training program;

(2) An assessment of the Metropolitan Police Department’s compliance with the Board’s prescribed minimum standards for each of its application and training programs pursuant to this section;

(3) Recommendations where the Board believes that the Metropolitan Police Department’s current standards for applicants, initial training including firearms training, and continuing education can be improved; and

(4) An overall assessment of the Metropolitan Police Department’s current and planned recruiting efforts in light of public safety needs in the District.

(n) The administrative work of the Board shall be carried out by members of the Metropolitan Police Department as appointed by the Chief of Police.

(o) Any applicant who met the age requirement at the time of application and who was denied appointment on the basis of racial discrimination, as determined by the Director of the Office of Human Rights, may be appointed notwithstanding the applicant’s age at the time of that determination.

(p) Applications for appointment to the Metropolitan Police Department shall be made on forms furnished by the Metropolitan Police Department.

(q) Appointments to the Metropolitan Police Department shall be for a probationary period to be determined by the Chief of Police. Continuation of service after the expiration of that period shall be dependent upon the conduct of the appointee and his or her capacity for the performance of the duties to which assigned, as indicated by reports of superior officers. The probationary period shall be an extension of the examination period.

(r) If the Police and Fire Clinic shall find any probationer physically or mentally unfit to continue his or her duties, that probationer shall be required to appear before the Police and Firefighters Retirement and Relief Board. That Board shall make any findings as are required pursuant to § 5-713, and those findings shall be incorporated in a recommendation submitted to the Mayor.

(s) Each police officer appointed shall maintain a level of physical fitness to be determined by the Chief of Police. The final determination with respect to inappropriate fitness levels shall be made by the Medical Director of the Police and Fire Clinic.

(t)(1) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this section.

Subchapter V. Cadet Program.

§ 5–109.01. Cadet program authorized; purpose; preference for appointment; appropriations.

(a)(1) The Chief of the Metropolitan Police Department ("MPD") shall establish a police officer cadet program for the purpose of instructing, training, and exposing cadets to:

(A) MPD's operations; and

(B) The duties and responsibilities of serving as an MPD police officer.

(2) The police officer cadet program established in paragraph (1) of this subsection shall be composed of the following persons residing in the District, who shall have substantial ties to the District, such as currently or formerly residing, attending school, or working in the District for a significant period of time:

(A) Senior-year high school students; and

(B) High school graduates under 25 years of age.

(b) A person successfully completing the required training and service in a cadet program established pursuant to this section shall be accorded full preference for appointment as a member of MPD or of the Fire and Emergency Medical Services Department, if the person shall have met all other requirements pertaining to membership in the chosen Department.

§ 5–109.02. Rules.

The Mayor or the Mayor’s designated agent may issue rules necessary for the implementation and operation of the cadet programs established pursuant to §§ 5-109.01 , 5-418, and 5-445.

Subchapter VI. Clothing.

§ 5–111.01. Clothing — Rules of uniformity; failure to comply with rules.

The Council of the District of Columbia shall provide specific rules for uniform clothing of the police force, and any member shall be removed from the force for not complying with such rules.

(R.S., D.C., § 365; June 11, 1878, 20 Stat. 107, ch. 180, § 6.)

Prior Codifications

1981 Ed., § 4-126.

1973 Ed., § 4-130.

Section References

This section is referenced in § 1-632.03.

Cross References

Merit system, application to police officers and firefighters, see § 1-632.03.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(96) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–111.02. Display of United States flag or colors.

(a) The uniform of officers and members of the United States Park Police force, the United States Secret Service Uniformed Division, the Capitol Police, and the Metropolitan Police force of the District of Columbia shall bear a distinctive patch, pin, or other emblem depicting the flag of the United States or the colors thereof.

(b) The Secretary of the Interior in the case in the United States Park Police force, the Secretary of the Treasury in the case of the United States Secret Service Uniformed Division, the Capitol Police Board in the case of the Capitol Police, and the Mayor of the District of Columbia in the case of the Metropolitan Police force shall prescribe such regulations as may be necessary to carry out the purposes of this section.

(June 30, 1970, 84 Stat. 357, Pub. L. 91-297, title II, § 201; Nov. 15, 1977, 91 Stat. 1371, Pub. L. 95-179.)

Prior Codifications

1981 Ed., § 4-127.

1973 Ed., § 4-130a.

Change in Government

This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–111.03. Appropriations.

(a) For furnishing uniforms and all other official equipment prescribed by Department regulations as necessary and requisite in the performance of duty there is hereby authorized to be appropriated a sum not exceeding $75 per annum for each member of the Metropolitan Police, to be expended subject to rules and regulations to be prescribed by the Mayor of the District of Columbia.

(b) The Chief of Police of the Metropolitan Police force, the Fire Chief of the District of Columbia Fire Department, the Commanding Officer of the United States Secret Service Uniformed Division, and the Commanding Officer of the United States Park Police force are each authorized to provide a clothing allowance, not to exceed $300 in any 1 year, to an officer or member assigned to perform duties in “plainclothes.” Such clothing allowance is not to be treated as part of the officer’s or member’s basic compensation and shall not be used for the purpose of computing his overtime, promotions, or retirement benefits. Such allowance for any officer or member may be discontinued at any time upon written notification by the authorizing official.

(May 25, 1926, 44 Stat. 635, ch. 381; Aug. 29, 1972, 86 Stat. 639, Pub. L. 92-410, title I, § 112; Nov. 15, 1977, 91 Stat. 1371, Pub. L. 95-179; June 4, 1982, D.C. Law 4-115, § 3, 29 DCR 1701.)

Prior Codifications

1981 Ed., § 4-128.

1973 Ed., § 4-131.

Section References

This section is referenced in § 1-632.03.

Cross References

Merit system, application to police officers and firefighters, see § 1-632.03.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

Subchapter VII. Records.

Part A. General — Metropolitan Police Department.

§ 5–113.01. Records required to be maintained; budget and staffing transparency.

(a) The Mayor of the District of Columbia shall cause the Metropolitan Police force to keep the following records:

(1) General complaint files, in which shall be entered every complaint preferred upon personal knowledge of the circumstances thereof, with the name and residence of the complainant;

(2) Records of lost, missing, or stolen property;

(3) A personnel record of each member of the Metropolitan Police force, which shall contain his name and residence; the date and place of his birth; his marital status; the date he became a citizen, if foreign born; his age; his former occupation; and the dates of his appointment and separation from office, together with the cause of the latter;

(4) Arrest books, which shall contain the following information:

(A) Case number, date of arrest, and time of recording arrest in arrest book;

(B) Name, address, date of birth, color, birthplace, occupation, and marital status of person arrested;

(D) Name and address of complainant;

(E) Name of arresting officer; and

(F) Disposition of case;

(4A) The Metropolitan Police force shall maintain a computerized record of a civil protection order or bench warrant issued as a result of an intrafamily offense;

(4B) Records of stops, including:

(A) The date, location, and time of the stop;

(A-i) The bureau, division, unit, and if applicable, police service area, of the officer who conducted the stop, at the time it was conducted;

(B) The approximate duration of the stop;

(D) Whether a search was conducted as a result of the stop;

(E) If a search was conducted:

(i) The reason for the search;

(ii) Whether the search was consensual or nonconsensual;

(iii) Whether a person was searched, and whether a person’s property was searched; and

(iv) Whether any contraband or other property was seized in the course of the search;

(F) Whether a warning, safety equipment repair order, or citation was issued as a result of a stop and the basis for issuing such warning, order, or citation;

(G) Whether an arrest was made as a result of either the stop or the search;

(H) If an arrest was made, the crime charged;

(I) The perceived gender of the person stopped;

(J) The perceived race or ethnicity of the person stopped; and

(K) The date of birth of the person stopped;

(4C) Use of force incidents, including:

(A) The total number of use of force incidents and the type of force used;

(B) The total number of officers involved in each use of force incident;

(D) The number of civilian complaints filed with the Metropolitan Police Department for excessive use of force, by police district, and the outcome of each complaint, including disciplinary actions;

(E) If an arrest was made, the crime charged;

(F) The gender, race, age, and ethnicity of each person involved in a use of force incident; and

(G) The gender, race, age, and ethnicity of any officer involved in a use force incident;

(4D) For the purposes of this section, the terms "contact", "frisk", and "stop" shall have the meanings ascribed in Metropolitan Police Department General Order 304.10;

(4E) The following information, disaggregated by school, except in cases where disaggregation could reveal a student's identity:

(A) The number of times a law enforcement officer was dispatched to, or requested by, a school;

(B) The incident or arrest classification;

(D) The type and count of weapons or controlled substances recovered from any school-related event, whether or not an arrest occurred; and

(E) Demographic data for any student and law enforcement officer involved in a stop or school-based arrest, including:

(i) Race and ethnicity;

(ii) Gender; and

(iii) Age; and

(5) Such other records as the Council of the District of Columbia considers necessary for the efficient operation of the Metropolitan Police force.

(a-1) The records maintained pursuant to subsection (a)(4B) and (4C) of this section shall be published on the Metropolitan Police Department's website biannually.

(b) The Metropolitan Police force shall cooperate with the Criminal Justice Coordinating Council by sharing records to the extent otherwise permissible under the law for the purpose of preparing the report described in § 22-4234(b-3).

(1) Monthly, for the prior 5 fiscal years and the current fiscal year, to date, by month:

(A) A staffing report of the number of sworn officers and civilian employees employed by MPD, by bureau, division, unit, and, if applicable, police service area and rank, with a crosswalk to compare actual staffing to funded and unfunded full-time equivalents in that bureau, division, unit, and if applicable, police service area and rank;

(B) The number of employees that:

(i) Separated from MPD, by type of separation, broken down by civilian employees, cadets, cadet conversion recruits, non-cadet conversion recruits, officers, and senior police officers; and

(ii) Were hired by MPD, broken down by civilian employees, cadets, cadet conversion recruits, non-cadet conversion recruits, officers, and senior police officers; and

(1A) Biannually, aggregated data collected in accordance with subsection (a)(4E) of this section;

(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.

(2) Annually:

(A) A listing of all full-time equivalents at MPD, in spreadsheet format, that includes the following fields for each full-time equivalent:

(i) Position number;

(ii) Position title;

(iii) Whether the position is funded or unfunded;

(iv) Whether the position is filled or vacant;

(v) Program;

(vi) Activity;

(vii) Salary; and

(viii) Fringe benefits; and

(B) A report on MPD's overtime spending, which shall include the amount spent fiscal year-to-date, by month, on overtime pay and a description of the staffing plan and conditions justifying the overtime pay; and

(3) Annually, by the date the annual MPD budget is proposed by the Mayor and transmitted to the Council:

(A) The approved, revised, and actual MPD budgets for the prior 5 fiscal years and the current fiscal year, the expenditures for those years, and the proposed MPD budget for the next fiscal year, in spread-sheet format, broken down, at a minimum, by program, activity, comptroller source group, fund source, and service level; and

(B) For the proposed MPD budget for the next fiscal year:

(i) The total proposed budget for hiring personnel;

(ii) The gross and net number of personnel MPD anticipates the proposed budget will allow it to hire, broken down by civilian employees, cadets, cadet conversion recruits, non-cadet conversion recruits, officers, and senior police officers; and

(iii) A crosswalk identifying any proposed actual or paper changes to MPD's internal organization, including its various bureaus, and a narrative rationale for the change.

(d) MPD shall provide a written report every 2 pay periods on MPD's overtime pay spending to the Council that describes the amount spent year-to-date on overtime pay and the staffing plan and conditions justifying the overtime pay.

§ 5–113.02. Records — Criminal offenses.

(a) In addition to the records kept under § 5-113.01, the Metropolitan Police force shall keep a record of each case in which an individual in the custody of any police force or of the United States Marshal is charged with having committed a criminal offense in the District (except those traffic violations and other petty offenses to which the Council of the District of Columbia determines this section should not apply). The record shall show:

(1) The circumstances under which the individual came into the custody of the police or the United States Marshal;

(2) The charge originally placed against him, and any subsequent changes in the charge (if he is charged with murder, manslaughter, or causing the death of another by the operation of a vehicle at an immoderate speed or in a careless, reckless, or negligent manner, the charge shall be recorded as “homicide”);

(3) If he is released (except on bail) without having his guilt or innocence of the charge determined by a court, the circumstances under which he is released;

(4) If his guilt or innocence is so determined, the judgment of the court;

(5) If he is convicted, the sentence imposed; and

(6) If, after being confined in a correctional institution, he is released therefrom, the circumstances of his release.

(b) The Attorney General, the Corporation Counsel, the United States Magistrate for the District, the Clerk of the District Court, the Clerk of the Superior Court of the District of Columbia, and the Director of the Department of Corrections shall furnish the Chief of Police with such information as the Mayor of the District of Columbia considers necessary to enable the Metropolitan Police force to carry out this section.

(June 29, 1953, 67 Stat. 100, ch. 159, title III, § 302; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a).)

Prior Codifications

1981 Ed., § 4-132.

1973 Ed., § 4-134a.

Section References

This section is referenced in § 7-1706.

Cross References

Environmental controls, smoking restrictions, fines and penalties, see § 7-1706.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(99) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–113.03. Reports by other police.

Reports shall be made to the Chief of Police, in accordance with regulations prescribed by the Mayor of the District of Columbia, of each offense reported to, and each arrest made by, any other police force operating in the District.

(June 29, 1953, 67 Stat. 100, ch. 159, title III, § 303.)

Prior Codifications

1981 Ed., § 4-133.

1973 Ed., § 4-134b.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–113.04. Participation of District of Columbia Metropolitan Police Department in the National Crime Information System.

(a) Dissemination of adult arrest records to law enforcement agents. —

(1) Notwithstanding any other provision of law, the Metropolitan Police Department of the District of Columbia shall disseminate its unexpurgated adult arrest records to members of the court and law enforcement agents, including the Identification Division of the Federal Bureau of Investigation. Such dissemination shall be done without cost and without the authorization of the persons to whom such records relate.

(2) Any records disseminated under this section shall be used in a manner that complies with applicable federal law and regulations.

(b) Definitions. — For purposes of this section:

(1) The term “member of the court” shall include judges, prosecutors, defense attorneys (with respect to the records of their client defendants), clerks of the court, and penal and probation officers.

(2) The term “law enforcement agent” shall include police officers and federal agents having the power to arrest.

(3) The term “unexpurgated adult arrest records” shall include arrest fingerprint cards.

§ 5–113.05. Notice of release of prisoners.

(a) Whenever the Board of Parole of the District of Columbia has authorized the release of a prisoner under § 24-404, or the United States Board of Parole has authorized the release of a prisoner under § 24-406, it shall notify the Chief of Police of that fact as far in advance of the prisoner’s release as possible.

(b) Except in cases covered by subsection (a) of this section, notice that a prisoner under sentence of 6 months or more is to be released from an institution under the management and regulation of the Director of the Department of Corrections shall be given to the Chief of Police as far in advance of the prisoner’s release as possible.

§ 5–113.06. Records open to public inspection.

(a) Except as provided in subsection (c) of this section, the records to be kept by paragraphs (1), (2), and (4) of § 5-113.01 shall be open to public inspection when not in actual use, and this requirement shall be enforceable by mandatory injunction issued by the Superior Court of the District of Columbia on the application of any person.

(b) The name, address, date of birth, occupation, and photograph of any person convicted of a violation of Chapter 27 of Title 22, shall be made available to the public upon written request, in exchange for a reasonable fee established by the Mayor or his or her designee.

(d) Notwithstanding subsections (a) and (b) of this section, the actual addresses of participants in the Address Confidentiality Program established by § 4-555.02, shall be withheld from public inspection.

(R.S., D.C., § 389; June 29, 1953, 67 Stat. 99, ch. 159, title III, § 301(b); Aug. 20, 1954, 68 Stat. 755, ch. 778, § 2; July 29, 1970, 84 Stat. 571, Pub. L. 91-358, title I, § 155(c)(13); Oct. 25, 1972, 86 Stat. 1108, Pub. L. 92-543, § 1; May 24, 1996, D.C. Law 11-130, § 2, 43 DCR 1570; July 25, 2006, D.C. Law 16-144, § 3, 53 DCR 2838; Mar. 5, 2013, D.C. Law 19-207, § 2, 59 DCR 12507; July 3, 2018, D.C. Law 22-118, § 203, 65 DCR 5064.)

Prior Codifications

1981 Ed., § 4-135.

1973 Ed., § 4-135.

Effect of Amendments

D.C. Law 16-144, in subsec. (a), substituted “Except as provided in subsection (c) of this section, the records” for “The records”; and added subsec. (c).

The 2012 amendment by D.C. Law 19-207 repealed (c).

Applicability

Section 7035 of D.C. Law 22-168 repealed § 301 of D.C. Law 22-118 removing the applicability restriction impacting this section. Therefore the amendments made to this section by D.C. Law 22-118 have been given effect.

Applicability of D.C. Law 22-118: § 301 of D.C. Law 22-118 provided that the change made to this section by § 203 of D.C. Law 22-118 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary amendment of section, see § 2 of the Safe Streets Anti-Prostitution Emergency Amendment Act of 1996 (D.C. Act 11-252, April 15, 1996, 43 DCR 2139).

§ 5–113.07. Preservation and destruction of records.

All records of the Metropolitan Police Department shall be preserved, except that the Mayor, upon recommendation of the Chief of the Metropolitan Police Department and only pursuant to part B of this subchapter, may cause records which the Metropolitan Police Department considers to be obsolete or of no further value to be destroyed.

(R.S., D.C., § 390; June 11, 1878, 20 Stat. 107, ch. 180, § 6; June 29, 1953, 67 Stat. 99, ch. 159, title III, § 301(c); July 15, 2004, D.C. Law 15-174,§ 302, 51 DCR 3677; Apr. 13, 2005, D.C. Law 15-354, § 88, 52 DCR 2638; Mar. 2, 2007, D.C. Law 16-191, § 24, 53 DCR 6794.)

Prior Codifications

1981 Ed., § 4-137.

1973 Ed., § 4-137.

Effect of Amendments

D.C. Law 15-174 rewrote the section which had read as follows: “All records of the Metropolitan Police force shall be preserved, except that the Mayor of the District of Columbia, upon recommendation of the Chief of Police, may cause records which it considers to be obsolete or of no further value to be destroyed.”

D.C. Law 15-354 validated a previously made technical correction.

D.C. Law 16-191 validated a previously made technical correction.

Editor's Notes

Office of Major and Superintendent of Metropolitan Police abolished: See Historical and Statutory Notes following § 5-105.01.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

Part B. Preservation of Crime Investigation Records — Law Enforcement Agencies.

§ 5–113.31. Definitions.

For the purposes of this part, the term:

(1) “Biological material” means a sexual assault forensic examination kit, semen, vaginal fluid, blood, saliva, observable skin tissue, or hair which apparently derived from the perpetrator of a crime or, under circumstances that may be probative of the perpetrator’s identity, apparently derived from the victim of a crime.

(2) “Case jacket” means the primary file for an investigation of a crime which contains all of the investigative reports, papers, and documents specific to the investigation, including notes, transcripts of interviews, witness statements, photos, and audio and video tapes.

(3)(A) “Closed investigation” means the investigation of a crime:

(i) In which the suspect or, in a case with multiple suspects, each of the suspects:

(I) Has been found or pled guilty and judgment has been entered;

(II) Has been found not guilty by reason of insanity;

(III) Has been found incompetent to stand trial and is not likely to regain competency before the expiration of the statute of limitations;

(IV) Is incarcerated and serving a sentence of either life without release or a term of years that is equivalent to life without release for a crime other than the crime being investigated; or

(V) Has died; or

(ii) In which the United States Attorney for the District of Columbia or the Corporation Counsel for the District of Columbia has declined prosecution on grounds that permanently eliminate all possibility of prosecution and has authorized the return of evidence to the rightful owner.

(B) A law enforcement agency shall consider a crime closed under subparagraph (A)(i)(IV) or (V) of this paragraph only if the United States Attorney for the District of Columbia or the Corporation Counsel for the District of Columbia has certified, for investigations under the prosecutorial jurisdiction of each, that there would be sufficient evidence to prosecute the suspect or suspects if the suspect or suspects were alive or not incarcerated, and declines prosecution on the grounds that the suspect or suspects are dead or incarcerated.

(4) “Crime scene examination case file” means the primary file for an investigation’s crime scene which contains investigative documents and reports; toxicology, DNA testing, and other forensic examination results; evidence reports; photographs; and other documents pertaining to the investigation.

(5) “DNA” means deoxyribonucleic acid.

(6) “DNA testing” means forensic DNA analysis of biological material.

(7) “Domestic partner” has the same meaning as contained in § 32-701(3).

(8) “Family” means:

(A) A homicide victim’s spouse, spouse’s parents, domestic partner, children, including biological, step, and adopted, grandchildren, parents, grandparents, stepparents, nieces, nephews, siblings, or half siblings;

(B) A person who is a survivor of a homicide victim and who was primarily dependent upon the victim for care and support at the time of the commission of the homicide, including a child of the victim born after the victim’s death; or

(C) A person who is a survivor of a homicide victim and upon whom the victim was primarily dependent for care and support at the time of the commission of the homicide.

(9) “Law enforcement agencies” means the Metropolitan Police Department, the Corporation Counsel for the District of Columbia, prosecutors, or any other governmental agency, with the exception of the Office of the Chief Medical Examiner, that has the authority to investigate, make arrests for, or prosecute or adjudicate District of Columbia criminal or delinquency offenses. The term “law enforcement agencies” shall include law enforcement agencies that have entered into cooperative agreements with the Metropolitan Police Department pursuant to § 5-133.17, to the extent the law enforcement agency is acting pursuant to such a cooperative agreement.

(10) “Open investigation” means the investigation of a crime other than those considered to be closed investigations as described in paragraph (3) of this section.

(11) “Records retention schedule” means a document listing all of the records originating in the Metropolitan Police Department, specifying series of records to be retained permanently, and authorizing on a continued basis the destruction of other series of records after a specified time period has elapsed.

(12) “Statute of limitations” means the time limitations imposed on actions for criminal violations pursuant to § 23-113.

§ 5–113.32. Retention of records and preservation of evidence from open homicide, sexual assault, and violent crime investigations.

(a) In open investigations of the crimes listed in § 23-113(a)(1), law enforcement agencies shall retain case jackets, crime scene examination case files, and any evidence collected during the course of the investigation for 65 years from the date the crime is first reported to the law enforcement agency.

(b) In open investigations of the following crimes, law enforcement agencies shall retain case jackets, crime scene examination case files, and any evidence collected during the course of the investigation for the length of each crime’s statute of limitations:

(1) Assault with intent to kill;

(2) Aggravated assault;

(3) Assault on a police officer with a dangerous weapon;

(4) Burglary;

(5) Mayhem;

(6) Malicious disfigurement;

(7) Sexual abuse and sex offenses, except for the crimes listed in § 23-113(a)(1)(G) through (U); and

(8) Any crime of violence, as that term is defined in section § 22-4501, that is committed while armed, as that term is described in § 22-4502.

(c) Evidence preserved pursuant to subsections (a) and (b) of this section shall be preserved in such a manner, including if necessary by refrigeration, as to maintain the ability to conduct forensic testing, including DNA testing.

(d) Law enforcement agencies shall not be required to preserve evidence pursuant to subsections (a) and (b) of this section that is of such a size, bulk, or physical character as to render retention impracticable. If practicable, law enforcement agencies shall remove and preserve portions of evidence if such portions contain sufficient evidence to permit future DNA or other forensic testing. When it is not practicable to preserve evidence pursuant to this subsection, law enforcement agencies shall photograph the evidence before disposing of it. When it is not practicable to preserve evidence in its entirety but portions of it are preserved pursuant to this subsection, law enforcement agencies shall photograph the evidence:

(1) Prior to removing portions of the evidence; and

(2) After removing portions of the evidence and before disposing of it.

(e) Photographs of evidence created pursuant to subsection (d) of this section shall be retained in the crime scene examination case files of the corresponding investigation.

(f) In closed investigations of the following crimes, law enforcement agencies shall retain case jackets and crime scene examination case files for as long as evidence is preserved for those investigations pursuant to Chapter 41A of Title 22 [§ 22-4131 et seq.]:

(1) Homicides;

(2) Assault with intent to kill;

(3) Aggravated assault;

(4) Burglary;

(5) Assault on a police officer with a dangerous weapon;

(6) Mayhem;

(7) Malicious disfigurement;

(8) Sexual abuse and sex offenses; and

(9) Any crime of violence, as that term is defined in § 22-4501, that is committed while armed, as that term is described in § 22-4502.

(g) Case jackets, crime scene examination case files, and evidence from open and closed homicide investigations shall not, under any circumstance, be destroyed or disposed of without the written approval of the Chief or the Property Clerk of the Metropolitan Police Department and without prior written approval of the United States Attorney for the District of Columbia, for investigations under the prosecutorial jurisdiction of the United States Attorney, and the Corporation Counsel for the District of Columbia, for investigations under the prosecutorial jurisdiction of the Corporation Counsel.

(h) Nothing in this section shall prohibit law enforcement agencies from:

(1) Combining case jackets and crime scene examination files into one file;

(2) Destroying duplicative copies of a record or document; or

(3) Storing case jackets and crime scene investigation files electronically, so long as electronic storage will not compromise the admissibility of the records or documents.

(i) Nothing in this section shall be construed as a requirement that a law enforcement agency shall collect a particular item of evidence, in whole or in part.

§ 5–113.33. Penalties; private right of action.

(a) Whoever willfully or maliciously destroys, alters, conceals, or tampers with evidence or records that are being preserved and retained in accordance with this part shall be subject to:

(1) Administrative sanctions, if the individual is an employee of the District of Columbia government, up to and including termination; and

(2) A fine of not more than $5,000, imprisonment for not more than one year, or both.

(b) Whoever willfully or maliciously destroys, alters, conceals, or tampers with evidence or records that are being preserved and retained in accordance with this part may be the subject of a civil action brought in the Superior Court of the District of Columbia by the family of a victim of homicide or by the victim of a crime enumerated in § 5-113.32(b) or (f). The civil action may be brought against the District of Columbia government employee or employees responsible, or against the District of Columbia if a pattern of violations of this section can be established.

(c) Subsection (b) of this section shall only apply to the willful or malicious destruction, alteration, concealment, or tampering with evidence or records that occurs on or after July 15, 2004.

§ 5–113.34. Records retention schedule.

The Metropolitan Police Department shall issue a records retention schedule, in the form of a general order, consistent with this part.

Subchapter VII-A. Demand for Proof of Insurance from Motorists.

§ 5–114.01. Definitions.

For the purposes of this subchapter, the term:

(1) “Accident” means an untoward and unforeseen occurrence out of the maintenance or use of:

(A) A motor vehicle;

(B) A vehicle operated or designed for operation upon a highway by power other than muscular power with respect only to any pedestrian or any occupant of that vehicle other than the owner or operator of that vehicle; or

(2) “Insurance Identification Card” means a current document issued by an insurer as proof of insurance for a motor vehicle that lists the name of the insurer, the policy number, the name of the insured, the period of coverage for the insurance, and the make, model, and vehicle identification number.

(3) “Insurer” means any person, company, or professional association licensed in the District of Columbia that provides motor vehicle liability protection or any self-insurer.

(4) “Law enforcement officer” means any officer of the Metropolitan Police Department, whether salaried or reserve, or of any other law enforcement agency operating in the District of Columbia with which the Metropolitan Police Department has an agreement authorizing its officers to enforce the provisions of this subchapter.

(5) “Motor vehicle” means any device propelled by an internal-combustion engine, electricity, or steam, including any non-operational vehicle that is being restored or repaired. The term “motor vehicle” does not include traction engines used exclusively for drawing vehicles in fields, road rollers, vehicles propelled only upon rails and tracks, electric personal assistive mobility devices, as defined by § 50-2201.02(12), and battery-operated wheelchairs when operated by a person with a disability at speeds not exceeding 10 miles per hour.

(6) “Operator” means a person who drives or is in actual physical control of a motor vehicle or who is exercising control over or steering a motor vehicle being pushed or towed by a motor vehicle.

(7) “Owner” means any person, corporation, firm, agency, association, organization, or federal, state, or local government agency or other authority or other entity having the property or title to a vehicle or bicycle used or operated in the District; any registrant of a vehicle used or operated in the District; or any person, corporation, firm, agency, association, organization, or federal, state, or local government agency or authority or other entity in business or renting or leasing vehicles or bicycles to be used or operated in the District.

(8) “Proof of insurance” means a valid Insurance Identification Card for a District of Columbia resident or its equivalent for the resident of another state. Other documentation from an insurance company that constitutes reasonable proof of valid insurance being in effect shall be adequate evidence of proof of insurance.

(9) “Self-insurer” means any person having received a certificate of self-insurance issued by the Mayor pursuant to § 50-1301.79.

§ 5–114.02. Demand for proof of motor vehicle insurance.

(a) Except when circumstances related to safety, law enforcement, or emergency medical care make it impracticable to do so, a law enforcement officer shall demand proof of insurance from the operator of any motor vehicle that:

(1) Has been involved in a traffic accident to which the law enforcement officer has responded; or

(2) Has been lawfully stopped by the law enforcement officer.

(b)(1) The failure of the operator of a motor vehicle to present proof of insurance upon demand, in violation of § 31-2413(a)(7), shall create a rebuttable presumption that the motor vehicle is being operated without required insurance being in effect, in violation of § 31-2413(a)(3).

(2) If the operator of a motor vehicle is unable to present proof of insurance upon demand, the law enforcement officer shall issue notices of infraction for violations of § 31-2413(a)(3) and (a)(7).

(b-1)(1) For the purposes of subsections (a) and (b) of this section, the term "proof of insurance" includes an electronic image of proof of insurance that is displayed on a cellular telephone or other portable electronic device.

(2)(A) The presentation of an electronic image of proof of insurance on a cellular telephone or other portable electronic device shall not constitute consent for a law enforcement officer to access any other content on the cellular telephone or other portable electronic device.

(B) A law enforcement officer presented with an electronic image of proof of insurance on a cellular telephone or other portable electronic device shall be immune from liability for damage to or loss of the cellular telephone or other portable electronic device; provided, that no immunity shall extend to recklessness or intentional misconduct.

§ 5–114.03. Inclusion of insurance information on traffic accident reports.

(a) A law enforcement officer responding to the scene of a motor vehicle accident and completing a traffic accident report shall note the following information on the traffic accident report:

(1) The insurer or provider of insurance for the operator of each motor vehicle involved in the accident; and

(2) The insurer or provider of insurance for each motor vehicle involved in the accident.

(b)(1) Except as provided in paragraph (2) of this subsection, within 90 days of June 8, 2006, the Metropolitan Police Department shall utilize traffic accident report forms that contain adequate space on the form to identify the name of the insurer or provider of insurance for each motorist and motor vehicle involved in a motor vehicle accident. The word “Insurance” shall appear adjacent to the space on the form provided for the required insurance information.

(2) Until the Metropolitan Police Department makes the form specified in paragraph (1) of this subsection available to officers, officers shall enter the insurance information required by subsection (a) of this section in the narrative section of the existing traffic accident report form known as a PD-10. Until the supply of existing PD-10 forms in the inventory of the Metropolitan Police Department are depleted, officers may enter the required insurance information in the narrative section of the PD-10.

§ 5–114.04. Report on enforcement of compulsory insurance requirements.

(a) The Metropolitan Police Department shall annually publish and submit to the Council and to the Department of Insurance, Securities, and Banking a report on the effectiveness of enforcement of the requirements of compulsory motor vehicle insurance. The Mayor shall direct the appropriate agencies to provide the Metropolitan Police Department with the information needed to compile the report. The report shall include:

(1) Statistics regarding:

(A) The number of notices of infraction (“NOI”) issued for failure to produce proof of insurance upon demand, and the number of such NOls subsequently dismissed; and

(B) The number of NOls for failure to maintain the required insurance, and the number of such NOls subsequently dismissed; and

(2) An evaluation of the effectiveness of enforcement, including any recommendations for improvements to enforcement of compliance with compulsory insurance requirements.

(b) The report shall be on a calendar-year basis and shall be transmitted to the Council and the Department of Insurance, Securities, and Banking by January 31st, with the first report due January 31, 2007.

Subchapter VIII. Arrests.

§ 5–115.01. Limitation on period of questioning; advisement of rights; release uncharged; admissibility of confessions.

(a) Any person arrested in the District of Columbia may be questioned with respect to any matter for a period not to exceed 3 hours immediately following his arrest. Such person shall be advised of and accorded his rights under applicable law respecting any such interrogation. In the case of any such arrested person who is released without being charged with a crime, his detention shall not be recorded as an arrest in any official record.

(b) Any statement, admission, or confession made by an arrested person within 3 hours immediately following his arrest shall not be excluded from evidence in the courts of the District of Columbia solely because of delay in presentment.

§ 5–115.02. Duty to make known; return notice.

Every case of arrest shall be made known within 6 hours thereafter to the lieutenant of police on duty in the precinct in which the arrest is made, by the person making the same; and it shall be the duty of the lieutenant within 12 hours after such notice, to make written return thereof, according to the rules and regulations of the Council of the District of Columbia, together with the name of the party arrested, the offense, the place of arrest, and the place of detention.

(R.S., D.C., § 399; June 11, 1878, 20 Stat. 107, ch. 180, § 6.)

Prior Codifications

1981 Ed., § 4-141.

1973 Ed., § 4-142.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(100) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–115.03. Neglect to make arrest for offense committed in presence. [Repealed]

Repealed.

§ 5–115.04. Legal assistance for police in wrongful arrest cases.

(a) In accordance with regulations prescribed by the Council of the District of Columbia, the Corporation Counsel of the District of Columbia shall represent any officer or member of the Metropolitan Police Department, if he so requests, in any civil action for damages resulting from an alleged wrongful arrest by such officer or member.

(b) If the Corporation Counsel fails or is unable to represent such officer or member when requested to do so, the Mayor of the District of Columbia shall compensate such officer or member for reasonable attorney’s fees (as determined by the court) incurred by him in his defense of the action against him.

(July 29, 1970, 84 Stat. 666, Pub. L. 91-358, title V, § 501.)

Prior Codifications

1981 Ed., § 4-143.

1973 Ed., § 4-143a.

Change in Government

§ 5–115.05. Detention of witnesses.

The Mayor of the District of Columbia shall provide suitable accommodations within the District for the detention of witnesses who are unable to furnish security for their appearance in criminal proceedings, and such accommodations shall be in premises other than those employed for the confinement of persons charged with crime, fraud, or disorderly conduct; and it shall be the duty of all judges in committing witnesses to have regard to the rules and regulations of the Council of the District of Columbia in reference to their detention.

(R.S., D.C., § 401; June 11, 1878, 20 Stat. 107, ch. 180, § 6.)

Prior Codifications

1981 Ed., § 4-144.

1973 Ed., § 4-144.

Cross References

Witnesses, material, detention and release, see § 23-1326.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(101) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–115.06. Gaming and bawdy houses and sale of lottery tickets — Arrest of persons; seizure of implements.

If any member of the police force, or if any 2 or more householders shall report in writing, under his or their signature, to the Chief of Police that there are good grounds, stating the same, for believing any house, room, or premises within the police district to be kept or used for any of the following purposes, namely: (1) as a common gaming house, common gaming room, or common gaming premises, for therein playing for wagers of money at any game of chance; (2) as a bawdy house, or as a house of prostitution, or for purposes of prostitution; (3) for lewd and obscene public amusement or entertainment; or (4) for the deposit or sale of lottery tickets or lottery policies, it shall be lawful for the Chief of Police to authorize any member or members of the police force to enter the same, who shall forthwith arrest all persons there found offending against law, and seize all implements of gaming, or lottery tickets, or lottery policies, and convey any person so arrested before the proper court, and bring the articles so seized to the office of the Mayor of the District of Columbia.

(R.S., D.C., § 402; June 11, 1878, 20 Stat. 107, ch. 180, § 6.)

Prior Codifications

1981 Ed., § 4-145.

1973 Ed., § 4-145.

Section References

This section is referenced in § 5-115.07.

Cross References

Prostitution, houses of prostitution, and pandering, see § 22-2701.01 et seq.

Search warrants, see § 23-521 et seq.

Editor's Notes

Office of Major and Superintendent of Metropolitan Police abolished: See Historical and Statutory Notes following § 5-105.01.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–115.07. Gaming and bawdy houses and sale of lottery tickets — Prosecution of persons; destruction of seized articles; closing of premises.

It shall be the duty of the Chief of Police to cause all persons arrested in pursuance of the provisions of § 5-115.06 to be rigorously prosecuted, the articles seized to be destroyed, and such room or house to be closed, and not again used for such unlawful purpose.

Subchapter VIII-A. Electronic Recording Procedures.

§ 5–116.01. Procedures for electronic recording of interrogations.

(a)(1) The Metropolitan Police Department shall electronically record, in their entirety, and to the greatest extent feasible, custodial interrogations of persons suspected of committing a crime of violence, as that term is defined in § 23-1331(4), when the interrogation takes place in Metropolitan Police Department interview rooms equipped with electronic recording equipment.

(2) The recording required by paragraph (1) of this subsection shall commence with the first contact between the suspect and law enforcement personnel once the suspect has been placed in the interview room and shall include all subsequent contacts between the suspect and law enforcement personnel in the interview room.

(3) Nothing in this subsection shall prevent the Metropolitan Police Department from recording the actions of the suspect while law enforcement personnel are not in the interview room.

(b) The recording required by subsection (a) of this section shall include the giving of any warnings as to rights required by law, the response of the suspect to such warnings, and the consent, if any, of the suspect to the interrogation. If the required warnings have been given prior to placing the suspect in the interview room, the suspect shall be asked to affirm that he was informed of and waived those rights.

(c)(1) If, after a suspect has been given the warnings as to rights required by law and voluntarily waived such rights, the suspect announces that the suspect will voluntarily speak with law enforcement personnel only on the express condition that the interrogation not be further recorded, the remainder of the interrogation need not be recorded. In such a case, the giving of any warnings, the suspect’s response, the suspect’s conditional consent, and all events preceding the conditional consent shall be recorded.

(2) Law enforcement personnel shall not expressly or implicitly encourage the suspect to give such conditional consent in lieu of a completely recorded interrogation.

§ 5–116.02. Authority to establish additional procedures.

The Chief of Police may issue a General Order establishing additional procedures, not inconsistent with those prescribed in § 5-116.01, for the electronic recording of interrogations by the Metropolitan Police Department.

§ 5–116.03. Evidentiary presumption.

Any statement of a person accused of a criminal offence in the Superior Court of the District of Columbia that is obtained in violation of § 5-116.01 shall be subject to the rebuttable presumption that it is involuntary. This presumption may be overcome if the prosecution proves by clear and convincing evidence that the statement was voluntarily given.

Subchapter VIII-B. Body-Worn Cameras.

Part A. Regulation and Reporting Requirements.

§ 5–116.31. Body-Worn Camera Program; generally.

The Body-Worn Camera Program in the Metropolitan Police Department in Fiscal Year 2016 shall not be implemented until certification by the Chief Financial Officer that the cost of public access to body-worn camera recordings, if any, is funded in the Fiscal Year 2016 budget and 4-year financial plan.

§ 5–116.32. Body-Worn Camera Program; rulemaking requirement.

(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], and in accordance with this section, shall issue rules regarding the Metropolitan Police Department’s Body-Worn Camera Program. The rules, at a minimum, shall provide:

(1) Standards for public access to body-worn camera recordings;

(2) Policies for retaining body-worn camera recordings;

(3) Procedures for auditing the Body-Worn Camera Program;

(4) Policies for protecting the security and integrity of body-worn camera data; and

(5) Mechanisms for cost recovery of Freedom of Information Act requests.

(b) The Mayor shall establish and consult with an advisory group to provide recommendations for the proposed rules required by subsection (c) of this section. The advisory group shall consist of one representative from each of the following agencies and organizations:

(1) The Committee on the Judiciary of the Council of the District of Columbia;

(2) The Office of Police Complaints;

(3) The Office of Open Government of the Board of Ethics and Government Accountability;

(4) The Fraternal Order of Police, D.C. Police Union;

(5) The Electronic Privacy and Information Center;

(6) The D.C. Coalition Against Domestic Violence;

(7) The American Civil Liberties Union of the National Capital Area;

(8) The Reporters Committee for Freedom of the Press;

(9) The D.C. Open Government Coalition;

(10) The Office of the Attorney General;

(11) The United States Attorney’s Office for the District of Columbia; and

(12) The Public Defender Service for the District of Columbia.

(c) The Mayor shall submit the proposed rules required by this section to the Council by October 1, 2015, for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within this 45-day period of review, the proposed rules shall be deemed disapproved.

§ 5–116.33. Body-Worn Camera Program; reporting requirements; access.

(a) By October 1, 2015, and every 6 months thereafter, the Mayor shall collect, and make available in a publicly accessible format, data on the Metropolitan Police Department’s Body-Worn Camera Program, including:

(1) How many hours of body-worn camera recordings were collected;

(2) How many times body-worn cameras failed while officers were on shift and the reasons for the failures;

(3) How many times internal investigations were opened for a failure to turn on body-worn cameras during interactions, and the results of those internal investigations, including any discipline imposed;

(4) How many times body-worn camera recordings were used by the Metropolitan Police Department in internal affairs investigations;

(5) How many times body-worn camera recordings were used by the Metropolitan Police Department to investigate complaints made by an individual or group;

(6) How many body-worn cameras are assigned to each police district and police unit for the reporting period;

(7) How many Freedom of Information Act requests the Metropolitan Police Department ("Department") received for body-worn camera recordings during the reporting period, the outcome of each request, including any reasons for denial, any costs invoiced to the requestor, the cost to the Department for complying with each request, including redaction, and the length of time between the initial request and the Department's final response; and

(8) How many recordings were assigned to each body-worn camera recording category.

(b) The Metropolitan Police Department shall provide the Office of Police Complaints with direct access to body-worn camera recordings.

(1) Within 5 business days after a request from the Chairperson of the Council Committee with jurisdiction over the Metropolitan Police Department ("Chairperson"), the Metropolitan Police Department shall provide unredacted copies of the requested body-worn camera recordings to the Chairperson and the Councilmember elected by the Ward in which the incident occurred. Such body-worn camera recordings shall not be publicly disclosed by the Chairperson or the Council; and

(2) The Mayor:

(A) Shall, except as provided in paragraph (3) of this subsection:

(i) Within 5 business days after an officer-involved death or the serious use of force, publicly release:

(I) The names and body-worn camera recordings of all officers directly involved in the officer-involved death or serious use of force; and

(II) A description of the incident; and

(ii) Maintain, on the website of the Metropolitan Police Department in a format readily accessible and searchable by the public, the names and body-worn camera recordings of all officers who were directly involved in an officer-involved death since the Body-Worn Camera Program was launched on October 1, 2014; and

(B) May, on a case-by-case basis in matters of significant public interest and after consultation with the Chief of Police, the Office of the Attorney General, and the United States Attorney's Office for the District of Columbia, publicly release any other body-worn camera recordings that may not otherwise be releasable pursuant to a FOIA request or subparagraph (A) of this paragraph.

(3)(A) The Mayor shall not release a body-worn camera recording pursuant to paragraph (1)(A) of this subsection if the following persons inform the Mayor, orally or in writing, that they do not consent to its release:

(i) For a body-worn camera recording of an officer-involved death, the decedent's next of kin; and

(ii) For a body-worn camera 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 unable to consent, the individual's next of kin.

(B)(i) In the event of a disagreement between the persons who must consent to the release of a body-worn camera recording pursuant to subparagraph (A) of this paragraph, the Mayor shall seek a resolution in the Superior Court of the District of Columbia.

(ii) 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 interest of justice.

(d) Before publicly releasing a body-worn camera 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 providing the decedent's next of kin with a reasonable opportunity to view the body-worn camera recording privately in a non-law enforcement setting prior to its release; and

(2) In a manner that is informed by the consultation described in paragraph (1) of this subsection:

(A) Provide actual notice to the decedent's next of kin at least 24 hours before the release, including the date on and the manner in which it will be released;

(B) Offer the decedent's next of kin a reasonable opportunity to view the body-worn camera recording privately in a non-law enforcement setting; and

(C) If the next of kin accepts the offer in subparagraph (B) of this paragraph, provide the decedent's next of kin a reasonable opportunity to view the body-worn camera recording privately in a non-law enforcement setting.

(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.

(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.

(g) For the purposes of this section, the term:

(1) "FOIA" means subchapter II of Chapter 5 of Title 2.

(2) "Next of kin" means the priority for next of kin as provided in Metropolitan Police Department General Order 401.08, or its successor directives.

(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.

(3) "Serious use of force" means any:

(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) Head strikes by a Metropolitan Police Department officer with an impact weapon;

(i) Resulting in serious bodily injury;

(ii) Resulting 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;

(iii) Involving the use of a prohibited technique, as that term is defined in § 5-125.02(6); and

(iv) Resulting in a death; and

(D) Incidents in which a Metropolitan Police Department canine bites a person.

Part B. Metropolitan Police Department Body-Worn Camera Fund.

§ 5–116.51. Metropolitan Police Department Body-Worn Camera Fund established.

(a) There is established as a special fund the Metropolitan Police Department Body-Worn Camera Fund (“Fund”), which shall be administered by the Metropolitan Police Department.

(b) Funds from the following sources shall be deposited into the Fund:

(1) All fees that are paid as part of Freedom of Information Act requests for body-worn camera recordings recorded by the Metropolitan Police Department;

(2) All monies appropriated to the Fund;

(3) Federal grants to the Fund; and

(4) Private monies donated to the Fund.

(c) Money in the Fund shall be used for the purpose of procuring a vendor to perform any necessary redactions of body-worn camera recordings.

(d)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

Subchapter IX. Supervisory Power Over Certain Businesses.

§ 5–117.01. Generally. [Repealed]

Repealed.

(R.S., D.C., § 404; June 11, 1878, 20 Stat. 107, ch. 180, § 6; Apr. 20, 1999, D.C. Law 12-261, § 1231, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 4-147.

1973 Ed., § 4-147.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–117.02. Examination of books and premises.

The Mayor of the District of Columbia may direct the Chief of Police to empower any member of the police force, whenever such member shall be in search of property feloniously obtained, or in search of suspected offenders, to examine the books of any pawnbroker or his business premises, or the business premises of any licensed vender or dealer in secondhand merchandise, or intelligence office keeper, or auctioneer of watches and jewelry, or suspected private banking house, or other doubtful establishment.

(R.S., D.C., § 405; June 11, 1878, 20 Stat. 107, ch. 180, § 6.)

Prior Codifications

1981 Ed., § 4-148.

1973 Ed., § 4-148.

Section References

This section is referenced in § 47-2884.01.

Cross References

“Pawnbrokers” defined, see § 47-2884.01.

Pawnbrokers, examination of books or premises, see §§ 47-2884.07 and 47-2884.11.

Editor's Notes

Office of Major and Superintendent of Metropolitan Police abolished: See Historical and Statutory Notes following § 5-105.01.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–117.03. Examination of property pledged to pawnbroker.

Any member of the police force, when thereto authorized in writing by the Chief of Police, and having in his possession a pawnbroker’s receipt or ticket, shall be allowed to examine the property purporting to be pawned or pledged, or deposited upon said receipt or ticket, in whosesoever possession said property may be; but no such property shall be taken from the possessor thereof without due process or authority of law.

§ 5–117.04. Interference with police.

Any willful interference with the Chief of Police, or with any member of the police force, by any of the persons named in § 5-117.01 [repealed], while in official and due discharge of duty, shall be punishable as a misdemeanor.

§ 5–117.05. False or fictitious reports to Metropolitan Police.

Except as provided in § 22-1319, whoever shall make or cause to be made to the Metropolitan Police force of the District of Columbia, or to any officer or member thereof, a false or fictitious report of the commission of any criminal offense within the District of Columbia, or a false or fictitious report of any other matter or occurrence of which such Metropolitan Police force is required to receive reports, or in connection with which such Metropolitan Police force is required to conduct an investigation, knowing such report to be false or fictitious; or who shall communicate or cause to be communicated to such Metropolitan Police force, or any officer or member thereof, any false information concerning the commission of any criminal offense within the District of Columbia or concerning any other matter or occurrence of which such Metropolitan Police force is required to receive reports, or in connection with which such Metropolitan Police force is required to conduct an investigation, knowing such information to be false, shall be punished by a fine of not exceeding $300 or by imprisonment not exceeding 30 days.

Subchapter X. Property.

§ 5–119.01. Property Clerk office created; definitions.

(a) There shall be an office of the Metropolitan Police District known as the Office of the Property Clerk. The Property Clerk shall be a member of the Metropolitan Police force. The staff shall consist of civilians who are not members of the Metropolitan Police force, except that police officers may provide security for lost, stolen, or abandoned property held by the office.

(b) For purposes of §§ 5-119.02 through 5-119.10 and §§ 5-119.12 through 5-119.18:

(1) The term “lost property” means any personal property, tangible or intangible, except a motor vehicle, the owner of which is unknown and which has been casually or involuntarily parted with through negligence, carelessness, or inadvertence.

(2) The term “finder of lost property” means any person other than a public officer of the Metropolitan Police Department who has found lost property.

(R.S., D.C., § 408; Dec. 5, 1919, 41 Stat. 363, ch. 1, § 1; Mar. 5, 1981, D.C. Law 3-160, § 201, 27 DCR 5150; Sept. 9, 1989, D.C. Law 8-24, § 6(a), 36 DCR 4575; May 4, 1990, D.C. Law 8-118, § 2, 37 DCR 1736.)

Prior Codifications

1981 Ed., § 4-152.

1973 Ed., § 4-151.

Section References

This section is referenced in § 5-119.19.

Cross References

Public or government held property, see § 41-112.

Delegation of Authority

Delegation of authority under D.C. Law 8-24, the “D.C. Abandoned and Junk Vehicle Removal Amend. Act of 1989”, see Mayor’s Order 90-11, January 23, 1990.

§ 5–119.02. Lost, stolen or abandoned property — Custody.

All property, or money alleged or supposed to have been feloniously obtained, or which shall be lost or abandoned, and which shall be thereafter taken into the custody of any member of the police force, or the Superior Court of the District of Columbia, or which shall come into such custody, shall be, by such member, or by order of the Court, given into the custody of the Property Clerk and kept by him, except that the custody of any abandoned vehicle shall be transferred to the Abandoned and Junk Vehicle Division of the Department of Public Works.

(R.S., D.C., § 409; Sept. 9, 1989, D.C. Law 8-24, § 6(b), 36 DCR 4575.)

Prior Codifications

1981 Ed., § 4-153.

1973 Ed., § 4-152.

Section References

This section is referenced in § 5-119.01.

Cross References

Property found in custody of deceased, depositing of, see § 5-1408.

References in Text

The Police Court of the District of Columbia and the Municipal Court for the District of Columbia were consolidated by the Act of April 1, 1942, 56 Stat. 190, ch. 207, § 1. The Act of July 8, 1963, § 1, substituted “District of Columbia Court of General Sessions” for “Municipal Court for the District of Columbia.” The Act of July 29, 1970, Pub. L. 91-358, § 155(a), substituted “Superior Court of the District of Columbia” for “District of Columbia Court of General Sessions.”.

Delegation of Authority

Delegation of authority under D.C. Law 8-24, the “D.C. Abandoned and Junk Vehicle Removal Amend. Act of 1989”, see Mayor’s Order 90-11, January 23, 1990.

§ 5–119.03. Registration record.

All such property and money shall be particularly registered by the Property Clerk in a book kept for that purpose, which shall contain also a record of the names of the persons from whom such property or money was taken, the names of all claimants thereto, the place where found, the time of the seizure, the date of the receipt, the general circumstances connected therewith, and any final disposal of such property and money.

§ 5–119.04. Powers of notaries public.

The Property Clerk is vested with all the powers conferred by law upon notaries public in the District.

§ 5–119.05. Administration of oaths; certification of depositions.

The Property Clerk may administer oaths and certify depositions which may be necessary to establish the ownership of any property or money lost, abandoned, or returned to him under the directions of the Mayor of the District of Columbia, including such property or money so returned which is alleged to have been feloniously obtained or to be the proceeds of crime.

(R.S., D.C., § 412; June 11, 1878, 20 Stat. 107, ch. 180, § 6; May 9, 1941, 55 Stat. 185, ch. 99, § 1.)

Prior Codifications

1981 Ed., § 4-156.

1973 Ed., § 4-155.

Section References

This section is referenced in § 5-119.06.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–119.06. Property clerk — Return of property — General requirements; multiple claimants; immunity; property needed as evidence; notice to owner; disposition upon failure to claim.

(a) Upon satisfactory evidence of the ownership of property or money described in § 5-119.05 he shall deliver the same to the owner, his next of kin, or legal representative and to him or them only. If, in any case, it is proven impracticable for such owner, next of kin, or legal representative to appear, the Property Clerk may deliver such property or money to any person having a duly executed power of attorney from such owner, or his next of kin, or legal representative, upon the filing of such power of attorney in the office of said Clerk and the signing of a receipt for such property or money.

(a-1) Seizure or impoundment of property by the Metropolitan Police Department from an individual is prima facie evidence of that person’s ownership of the property. The prima facie evidence shall constitute a presumption of ownership by possession and in the absence of other evidence or claims of title, shall be satisfactory evidence of ownership.

(b) In the event 2 or more persons claim ownership of any such property or money, the Property Clerk may give notice by registered mail to all such claimants of whom he shall have knowledge of the time and place of a hearing to determine the person to whom the property or money shall be delivered. At the time and place so designated the Property Clerk shall hear and receive evidence of ownership of the property or money concerned, and shall determine the identity of the owner. After such hearing, the Property Clerk shall deliver the property or money to the person whom the Property Clerk determines is the owner, his next of kin, or legal representative, and to him or them only. If, in any case, it is proven impracticable for such owner, next of kin, or legal representative to appear, the Property Clerk may deliver such property or money to any person having a duly executed power of attorney from such owner, his next of kin, or legal representative, upon the filing of such power of attorney in the office of said Clerk and the signing of a receipt for such property or money.

(d) Except as provided in §§ 5-119.14, 5-119.15, and 5-119.16 hereof, no property or money in the possession of the Property Clerk alleged to have been feloniously obtained or to be the proceeds of crime shall be delivered under this section if it is required to be held under the provisions of § 5-119.08 hereof; nor shall it be delivered within 1 year after the date of receipt of said property or money by the Property Clerk unless the United States Attorney in and for the District of Columbia shall certify that such property or money is not needed as evidence in the prosecution of a crime.

(e) Whenever the owner of property in the custody of the Property Clerk has been notified by the Property Clerk, by registered or certified mail, to take possession of such property within 30 days after the date of mailing of such notification, and such owner fails so to do within such period, such property shall be thereafter treated as other unclaimed, abandoned, or lost property and shall be disposed of as provided in § 5-119.10; provided, that if, in the opinion of the Property Clerk, such property has no salable value, and if within 30 days after the date of mailing such notification such property is not reclaimed by its owner and removed by him from the custody of the Property Clerk, such property shall be disposed of by destruction or otherwise, as the Council of the District of Columbia by regulation or order shall provide.

(R.S., D.C., § 413; May 9, 1941, 55 Stat. 185, ch. 99, § 1; June 29, 1953, 67 Stat. 101, ch. 159, § 306(a); Sept. 25, 1962, 76 Stat. 589, Pub. L. 87-691,§ 1; Mar. 16, 1985, D.C. Law 5-194, § 2, 32 DCR 1020.)

Prior Codifications

1981 Ed., § 4-157.

1973 Ed., § 4-156.

Section References

This section is referenced in § 5-119.16.

Cross References

Actions, limitations, see § 12-301.

Alcoholic beverages and vehicles, contraband, seizure and forfeiture, see § 25-911.

Cigarettes, forfeiture and seizure, see § 47-2409.

Civil damages, authorization for recovery, see § 23-554.

Controlled substances, forfeiture, see §§ 48-903.04, 48-905.02, and 48-1104.

Gambling premises and property, see § 22-1705.

Hunting and fishing equipment, seizure and sale, see § 22-4330.

Milk containers, seizure, see § 36-125.

Motor vehicle fuels, contraband, seizure and forfeiture, see § 47-2320.

Plants or plant products, diseased or infested, inspections and seizure, see § 8-304.

Weapons, taking of dangerous articles, see § 22-4517.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(102) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–119.07. Acquittal of accused.

Whenever property or money shall be taken from persons arrested, and shall be alleged to have been feloniously obtained, or to be the proceeds of crime, and whenever so brought with such claimant and the person arrested before any court for trial, and the court shall be satisfied from evidence that the person arrested is innocent of the offense alleged, and that the property rightfully belongs to him, said court may, in writing, order such property or money to be returned, and the Property Clerk, if he have it, to deliver such property or money to the accused person himself, and not to any attorney, agent, or clerk of such accused person.

§ 5–119.08. Ownership claim by other than person arrested.

If any claim to the ownership of such property or money shall be made on oath before the court, by or in behalf of any other persons than the persons arrested, and the accused person shall be held for trial or examination, such property or money shall remain in the custody of the Property Clerk until the discharge or conviction of the persons accused.

§ 5–119.09. Property transmitted; deceased and incompetent persons; storage; fees; sale.

(a) All property or money taken on suspicion of having been feloniously obtained, or of being the proceeds of crime, and for which there is no other claimant than the person from whom such property was taken, and all lost property coming into possession of any member of the police force, and all property and money taken from pawnbrokers as the proceeds of crime or from persons alleged to be insane, intoxicated, or otherwise incapable of taking care of themselves, shall be transmitted as soon as practicable to the Property Clerk to be fully registered and advertised for the benefit of all parties interested, and for the information of the public as to the amount and disposition of the property so taken into custody by the police.

(b)(1) Whenever any money or property of a deceased person of a value of less than $1,000 coming into the custody of the Property Clerk shall remain in his custody for a period of 6 months or more without being claimed and repossessed by the next of kin or the legal representative of such deceased person, such money or property shall be disposed of as lost or abandoned property as provided in § 5-119.10; provided, that prior to the disposition of such property of a deceased person it shall be the duty of the Property Clerk to ascertain whether there is pending in the court having probate jurisdiction any petition seeking the appointment of a legal representative of such deceased person, and, if such a petition is pending in such court, the Property Clerk shall not dispose of such property until final disposition by the court of such petition; provided further, that in any case where the Property Clerk acquires actual knowledge that a petition for the appointment of a legal representative of such deceased person has been filed or is pending in a court outside of the District of Columbia, the Property Clerk shall not dispose of such property until final disposition by the court of such petition.

(2) Whenever any money or property of a deceased person shall be of a value of $1,000 or more and shall have remained in the custody of the Property Clerk for at least 6 months, all records pertaining to the same shall be referred by the Property Clerk to the Corporation Counsel of the District of Columbia for the purpose of instituting appropriate proceedings to effect the appointment of an administrator of the estate of such decedent; provided, that upon expiration of the time for final settlement of such estate under law then in effect, the residue thereof in the absence of any claim by the heirs at law or next of kin of the decedent, as provided by law, shall be deposited into the registry of the court having probate jurisdiction, and upon the expiration of a period of 3 years, no demand having been made upon such funds by lawful heirs or other rightful claimants, the amount so deposited in such registry shall be deposited in the Treasury to the credit of the District of Columbia; provided further, that if the administrator does not take possession of such property within 3 months from the date of his appointment, the Property Clerk may, after giving such administrator 30 days notice by registered or certified mail, sell such property at public auction, and, after deducting the expenses of such sale, and expense incident to the maintenance of custody of such property, shall pay the remaining proceeds of such sale over to such administrator.

(c) Whenever the Property Clerk has custody of any property belonging to any person who has been adjudged of unsound mind and a committee has been appointed for such person but fails to take possession of the property of such person in the custody of the Property Clerk within 6 months from the date of such committee’s appointment, the Property Clerk shall give such committee 60 days notice by registered or certified mail of his intention to sell such property at public auction or otherwise dispose of such property in accordance with law. If, upon the expiration of such 60 days notice, the committee has not taken custody of such property: (1) the Property Clerk is authorized to sell such property at public auction, and, after deducting the expenses of the sale, expenses incident to the maintenance and custody of such property, and any amounts due the District of Columbia for care and maintenance of the adjudicated patient, shall pay the remaining proceeds of the sale over to such committee; or (2) if in the opinion of the Property Clerk any such property has no salable value, he is authorized to dispose of such property by destruction or otherwise as the Council of the District of Columbia shall, by regulation, or the Mayor of the District of Columbia shall, by order, determine.

(d)(1) The said Mayor is authorized, in his discretion, to store in any commercial warehouse or garage in the District of Columbia, or in or on any facility under the jurisdiction of the District of Columbia, any property coming into the custody of the Property Clerk pursuant to this chapter, including vehicles impounded by any officer or member of the Metropolitan Police force.

(2) The Mayor is authorized to fix, by regulation, the fees to be charged to reimburse the District of Columbia for the cost of services rendered by the Metropolitan Police force in taking custody of and protecting such property and for the cost of storing such property in any commercial warehouse or garage, and whenever any such property is stored in or on any facility under the jurisdiction of the District of Columbia, the Mayor shall fix the storage fee in an amount reasonably estimated by him to be the value of the storage service rendered for each day during which such property is so stored, and to collect all such fees due and owing for such property before releasing such property to its owner or his legal representative; provided, that the Mayor is authorized, in his discretion, to waive the charging and collecting of such fees for property taken into custody as evidence, the proceeds of crime, or from persons supposed to be insane; provided further, that the Property Clerk is authorized to sell at public auction pursuant to subsection (b) of § 5-119.10 any property stored in a commercial garage or warehouse, when the storage charges for such property exceed 75% of its value as determined by the Property Clerk, regardless of the amount of time for which such property is required by other sections of this chapter to be held by the Property Clerk.

(3) Fees collected by reason of this section shall be deposited in the Treasury to the credit of the District of Columbia.

(R.S., D.C., § 416; May 29, 1896, 29 Stat. 191, ch. 270; Mar. 3, 1901, 31 Stat. 1208, ch. 854, § 116; Sept. 1, 1916, 39 Stat. 718, ch. 433, § 12; Mar. 3, 1936, 49 Stat. 1158, ch. 121, § 1; Sept. 25, 1962, 76 Stat. 589, Pub. L. 87-691, § 2; July 29, 1970, 84 Stat. 576, Pub. L. 91-358, title I, § 158(a)(1).)

Prior Codifications

1981 Ed., § 4-160.

1973 Ed., § 4-159.

Section References

This section is referenced in § 5-119.10.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(103) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–119.10. Sale at public auction; motor vehicle with lien of record; disposition of proceeds from sale.

(a) With respect to all property (including money), except perishable property, animals, firearms and property of persons with mental illness, not otherwise disposed of in accordance with § 5-119.09, that shall remain in the custody of the Property Clerk for not less than 90 days without being claimed and repossessed, the Property Clerk shall:

(1) Publish or cause to be published in a newspaper of general circulation in the District, once a week for 2 consecutive weeks:

(A) Notice of the location where a full description of the property can be reviewed; and

(B) Notice that if such property is not claimed by the rightful owner within 45 days from the date of 1st publication, title to the property shall revert to the finder of lost property after deduction for the expenses of custody and publication, or to the District of Columbia in all other cases; and

(2) Post or cause to be posted in the Metropolitan Police Department headquarters, where public notices are commonly or usually posted, a description of the property, and a copy of the notice published in the newspaper of general circulation in the District, and shall make a record of the date when such publication and the posting of the notices are made; and

(3) Post or cause to be posted on the Metropolitan Police Department website a description of the property, and a copy of the notice published in the newspaper of general circulation in the District, and shall make a record of the date when such publication and the posting of the notices are made.

(b) If neither the rightful owner nor the finder appear to claim the lost property, title to such property shall transfer to the District government and the property may be retained by the Mayor for official government use or may be sold at public auction at such place and time as the Property Clerk may direct and in such a manner as to expose to the inspection of bidders all property so offered for sale. The Property Clerk needs not offer any property for sale if, in the Property Clerk’s opinion, the probable cost of sale exceeds the value of the property.

(c) The purchaser at any sale conducted by the Property Clerk pursuant to this section shall receive title to the property purchased, free from all claims of the rightful owner or the finder of the property and all persons claiming through and under the rightful owner or the finder. The Property Clerk shall execute all documents necessary to complete the transfer of title.

(d) All proceeds from any sale under this section shall be deposited in the General Fund of the District government.

(e) Repealed.

(f)(1) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the provisions of this section.

(2) The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved. Nothing in this section shall affect any requirements imposed upon the Mayor by subchapter I of Chapter 5 of Title 2.

(R.S., D.C., § 417; Sept. 1, 1916, 39 Stat. 718, ch. 433, § 12; Mar. 3, 1936, 49 Stat. 1158, ch. 121, § 2; Sept. 25, 1962, 76 Stat. 591, Pub. L. 87-691,§ 4; Mar. 5, 1981, D.C. Law 3-160, § 202, 27 DCR 5150; Sept. 29, 1988, D.C. Law 7-164, § 2, 35 DCR 5739; Sept. 9, 1989, D.C. Law 8-24, § 6(c)-(e), 36 DCR 4575; Oct. 28, 2003, D.C. Law 15-35, § 13(a), 50 DCR 6579; Apr. 24, 2007, D.C. Law 16-305, § 16, 53 DCR 6198; Sept. 20, 2012, D.C. Law 19-168, § 3002, 59 DCR 8025.)

Prior Codifications

1981 Ed., § 4-161.

1973 Ed., § 4-160.

Section References

This section is referenced in § 5-119.06 and § 5-119.09.

Effect of Amendments

D.C. Law 15-35 repealed subsec. (e).

D.C. Law 16-305, in subsec. (a), substituted “persons with mental illness” for “insane persons”.

The 2012 amendment by D.C. Law 19-168 rewrote (a)(1)(A), which formerly read: “A description of the property; and”; added “a description of the property, and” in (a)(2); added (a)(3); and made a related change.

Emergency Legislation

For temporary (90 day) amendment of section, see § 13(a) of the Removal and Disposition of Abandoned, Dangerous and Other Unlawfully Parked Vehicles Reform Emergency Act of 2002 (D.C. Act 15-104, June 20, 2003, 50 DCR 5534).

For temporary (90 day) amendment of section, see § 13(a) of Removal and Disposition of Abandoned and Other Unlawfully Parked Vehicles Reform Congressional Review Emergency Act of 2003 (D.C. Act 15-171, October 6, 2003, 50 DCR 9163).

Editor's Notes

Application of Law 15-35: Section 15 of D.C. Law 15-35 provided: “This act shall apply to all vehicles impounded after its effective date. This act shall also apply to all vehicles impounded prior to its effective date provided that notice is sent to the owners and lien holders in accordance with the provisions of subsections 7(b) or (c), as is applicable.”

Effect of repeal provisions: Section 14 of D.C. Law 15-35 provided: “Any repeal of a law or regulation by this act shall not invalidate any enforcement action, adjudication, or any other action made or taken pursuant to such law or regulation.”

Delegation of Authority

Delegation of authority under D.C. Law 8-24, the “D.C. Abandoned and Junk Vehicle Removal Amend. Act of 1989”, see Mayor’s Order 90-11, January 23, 1990.

Delegation of authority pursuant to D.C. Law 7-164, the “D.C. Forfeited Property Amendment Act of 1988”, see Mayor’s Order 90-71, May 10, 1990.

§ 5–119.11. Immunity from damages to property; exception; “gross negligence” defined.

Neither the government of the District of Columbia nor any officer or employee thereof shall be liable for damage to any property resulting from the removal of such property from public space, or the transportation of such property into the custody of the Property Clerk, Metropolitan Police Department, nor for damage to any such property while such property is in the custody of the Property Clerk, Metropolitan Police Department, when such custody is maintained pursuant to the requirements of law, except that the government of the District of Columbia or any such officer or employee may be liable for damage to such property as a result of gross negligence in the removal, transportation, or storage of such property; provided, that should a judgment be entered for the District of Columbia against any commercial warehouseman or garagekeeper for damage to such property in his care, recovery on such judgment, less all administrative expenses and court costs to the District of Columbia involved in such litigation, shall be paid by the District of Columbia to the owner of the damaged property as determined by the Property Clerk. For the purpose of this section, the term “gross negligence” means a willful intent to injure property, or a reckless or wanton disregard of the rights of another in his property.

§ 5–119.12. Sale of unclaimed animals.

Horses and other animals taken by the police and remaining unclaimed for 20 days may be advertised and sold upon 10 days public notice.

§ 5–119.13. Sale of perishable property.

All perishable property so taken and unclaimed shall be sold at once.

§ 5–119.14. Property delivered to owner preceding trial — Generally.

When animals or articles of property (except perishable property) other than money, returned to the Property Clerk as the proceeds of crime, are shown by sufficient evidence to be necessary for the current use of the owner and not for sale, the Mayor of the District of Columbia has power, in his discretion, to authorize the Property Clerk to place the same in the custody of the owner, upon sufficient bonds being given by the owner in the sum of twice the value of the property, conditioned for the production of the same at any time within 1 year, when required for use in court as evidence in any proceedings thereon.

(R.S., D.C., § 420; June 11, 1878, 20 Stat. 107, ch. 180, § 6.)

Prior Codifications

1981 Ed., § 4-165.

1973 Ed., § 4-163.

Section References

This section is referenced in § 5-119.06.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–119.15. Property delivered to owner preceding trial — Perishable property.

Perishable property, returned to the Property Clerk as the proceeds of crime, may be delivered to the owner on ample security being taken by the court for his appearance to prosecute the case.

§ 5–119.16. Property delivered to owner preceding trial — Large quantities of goods held for sale.

When large quantities of goods held for sale by the owner, come into the possession of the Property Clerk as the proceeds of crime, the same may be delivered to the owner, his heirs or representatives, as provided in § 5-119.06, upon ample security to prosecute the case. But in such cases goods to the estimated value of $50 shall be retained by the Property Clerk until the discharge or conviction of the accused.

§ 5–119.17. Use of property as evidence.

If any property or money placed in the custody of the Property Clerk shall be desired as evidence in the Superior Court of the District of Columbia, such property shall be delivered to any officer who shall present an order to that effect from such Court; but such property shall not be retained in the Court, but shall be returned to the Property Clerk, to be disposed of according to the provisions of this chapter.

§ 5–119.18. Property treated as abandoned.

Any property or money returned to the Property Clerk as the proceeds of crime, and which shall not be called for as evidence by any proceeding in the courts of the District within 1 year from the date of such return, may, unless specially claimed by the owner within that time, be thereafter treated as other unclaimed, abandoned, or lost property or money, as provided in this chapter.

§ 5–119.19. Abandoned intangible personal property.

Nothing in §§ 5-119.01 through 5-119.10 and 5-119.12 through 5-119.18 shall be held to require the Property Clerk to make disposition of any abandoned intangible personal property except as provided for in Chapter 1 of Title 41.

Subchapter XI. Private Detectives.

§ 5–121.01. Bond required; conditions thereof; suits by injured parties.

The Council of the District of Columbia shall by regulation require that bonds in the amount of not more than $25,000 shall be furnished and kept in force by all persons licensed as private detectives in the District of Columbia. Bonds required by this section shall be corporate bonds and shall run to the District and shall be conditioned upon the observance by the licensed private detective and any agent, employee, or person acting in behalf of the licensed private detective of all laws and regulations in force in the District of Columbia applicable to the conduct of persons licensed as private detectives. Such bonds shall be for the benefit of any person who may suffer damages as a result of violation of any law or regulation by or on the part of any licensed private detective or any agent, employee, or person acting on the behalf of any private detective. In addition to any right to any other legal action, any person aggrieved by the violation of any law or regulation by a licensed private detective may bring suit against the surety on a bond required by this section either alone or jointly with the principal thereon and recover damages for such violation of law or regulation in an amount not to exceed the penal amount of the bond. The provisions of paragraphs (2), (3), and (5) of subsection (b) of § 1-301.01 shall be applicable to each bond authorized by this section as if it were the bond authorized by paragraph (1) of such subsection (b); provided, that nothing in this section shall be construed to impose upon the surety on any such bond a greater liability than the total amount thereof or the amount remaining unextinguished after any prior recovery or recoveries.

(Nov. 8, 1965, 79 Stat. 1309, Pub. L. 89-347, § 9(b).)

Prior Codifications

1981 Ed., § 4-171.

1973 Ed., § 4-171a.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(105) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–121.02. Duty in making arrest.

It shall be the duty of every person prosecuting the business of a private detective, who may arrest a person for crime, to bring the person arrested, with all evidence of the alleged crime, including property or money which may become evidence, immediately to the office of the Chief of Police, or to the proper court, where the case shall undergo an examination.

§ 5–121.03. Acting without compliance with law.

Any person practicing as a private detective or advertising or holding himself out as such without first complying with the provisions of law relative to private detectives shall be guilty of a misdemeanor and subject to a fine not exceeding $500 or imprisonment in the District Jail for a period not exceeding 11 months and 29 days.

§ 5–121.04. Applicable police provisions.

All laws which govern the police force in the matters of persons, property, or money shall be applicable to all private detectives (or to persons practicing as detectives, whatever other name they may assume) and such detectives or persons shall make like returns and dispositions of such matters as required by law and the rules of the Mayor governing the police force.

(R.S., D.C., § 430; June 11, 1878, 20 Stat. 107, ch. 180, § 6.)

Prior Codifications

1981 Ed., § 4-174.

1973 Ed., § 4-174.

Cross References

“Detectives” defined and licensing of private detectives, see § 47-

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–121.05. Compromise of felony; withholding information; receiving compensation from person arrested or liable to arrest; permitting escape.

It is unlawful for any private detective, or any member of the police force, or for any other person to compromise a felony or any other unlawful act, or to participate in, assent to, aid or assist any person suspected of crime to escape a full judicial examination by failing to give known facts or reasonable causes of suspicion, or withholding any information relative to the charge or suspicion from the proper judicial authorities; or in any manner to receive any money, property, favor, or other compensation from, or on account of, any person arrested or subject to arrest for any crime or supposed crime; or to permit any such person to go at large without due effort to secure an investigation of such supposed crime. And for any violation of the provisions of this section, or either of them, such member of the police force, or private detective, or other person guilty thereof, shall be deemed as having compromised a felony, and shall be thereafter prohibited from acting as an officer of said police force, or as a private detective, and shall be prosecuted to the extent of the law for aiding criminals to escape the ends of justice.

Subchapter XII. General Prohibitions.

§ 5–123.01. Prohibitions; affiliation with organization advocating strikes; conspiracy to interfere with operation of police force by strike; notice of intention to resign.

(a) No member of the Metropolitan Police of the District of Columbia shall be or become a member of any organization, or of an organization affiliated with another organization, which itself, or any subordinate, component, or affiliated organization of which, holds, claims, or uses the strike to enforce its demands. Upon sufficient proof to the Mayor of the District of Columbia that any member of the Metropolitan Police of the District of Columbia has violated the provisions of this section, it shall be the duty of the Mayor of the District of Columbia to immediately discharge such member from the service.

(b) Any member of the Metropolitan Police who enters into a conspiracy, combination, or agreement with the purpose of substantially interfering with or obstructing the efficient conduct or operation of the police force in the District of Columbia by a strike or other disturbance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $300 or by imprisonment of not more than 6 months, or by both.

(c) No officer or member of the said police force, under penalty of forfeiting the salary or pay which may be due him, shall withdraw or resign, except by permission of the Mayor of the District of Columbia, unless he shall have given the Chief of Police 1 month’s notice in writing of such intention.

(Feb. 28, 1901, 31 Stat. 819, ch. 623, § 1; June 8, 1906, 34 Stat. 223, ch. 3056; Dec. 5, 1919, 41 Stat. 364, ch. 1.)

Prior Codifications

1981 Ed., § 4-121.

1973 Ed., § 4-125.

Section References

This section is referenced in § 1-632.03.

Cross References

Merit system, application to police officers and firefighters, see § 1-632.03.

Editor's Notes

Office of Major and Superintendent of Metropolitan Police abolished: See Historical and Statutory Notes following § 5-105.01.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–123.02. Use of unnecessary or wanton force.

Any officer who uses unnecessary and wanton severity in arresting or imprisoning any person shall be deemed guilty of assault and battery, and, upon conviction, punished therefor.

Subchapter XII-A. Preventing White Supremacy in Policing.

§ 5–123.31. Definitions.

For the purposes of this subchapter, the term:

(1) "Hate group" means an organization or group of individuals whose goals, activities, and advocacy are primarily or substantially based on a shared antipathy, hatred, hostility, or violence towards people of one or more different races, ethnicities, religions, nationalities, genders, or sexual or gender identities.

(2) "MPD" means the Metropolitan Police Department.

(3) "ODCA" means the Office of the District of Columbia Auditor.

(4) "White supremacy" means a hate group whose shared antipathy, hatred, hostility, or violence is based on the belief that white people are innately superior to other races.

§ 5–123.32. White supremacy in policing assessment and recommendations.

(a) ODCA and any entities selected by the District of Columbia Auditor ("D.C. Auditor") shall cause to be conducted a comprehensive assessment of whether MPD officers have ties to white supremacist or other hate groups that may affect the officers' ability to carry out their duties properly and fairly or may undermine public trust in MPD.

(b) In conducting the assessment, the ODCA or the entities selected by the D.C. Auditor shall:

(1) Investigate MPD officers':

(A) Organizational affiliations and memberships;

(B) Social media engagement, including any published statements, photographs, or video footage; and

(C) Sustained allegations of misconduct against the officers, as determined by the Metropolitan Police Department or the Office of Police Complaints; and

(2) Conduct interviews with officers, witnesses, or other relevant stakeholders.

(c)(1) Any entity selected by the ODCA shall be nonpartisan and have expertise in:

(A) Civil rights and racial equity;

(B) The threat of white supremacist and other hate groups, movements, and organizing efforts; or

(C) Law enforcement and intelligence oversight and reform or in conducting investigations and evaluations of law enforcement procedures, policies, and practices.

(2) At least one entity shall have additional expertise in local, federal, and constitutional law, as it relates to freedoms of speech and association.

(d) If, during the course of the assessment, the ODCA determines that criminal activity or other wrongdoing has occurred or is occurring, they shall, as soon as practicable, report the facts that support its determination to the appropriate prosecuting authority and MPD.

(e)(1) ODCA shall submit a report describing the comprehensive assessment, relevant findings, and recommendations to the Mayor and Council no later than 18 months after April 21, 2023.

(2) The report shall include recommendations to reform or improve MPD's hiring and training practices, policies, practice, and disciplinary system to better prevent, detect, and respond to white supremacist or other hate group ties among MPD officers and staff that suggest they are not able to enforce the law fairly, and to better investigate and discipline officers for such behavior.

Subchapter XIII. Limitation on Chokehold.

§ 5–125.01. Findings.

(a) The Council finds that 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.

(b) On May 25, 2020, Minneapolis Police Department officer Derek Chauvin murdered George Floyd by applying a neck restraint to Floyd with his knee for 8 minutes and 46 seconds. Hundreds of thousands, if not millions, of people across the world, including in the District, took to the streets to peacefully protest injustice, racism, white supremacy, and police brutality against Black people and other people of color. Chauvin was ultimately found guilty of second-degree unintentional murder, third-degree murder, and second-degree manslaughter.

(c) Police brutality is abhorrent and antithetical to the District's values. It is the intent of the Council that this subchapter unequivocally strengthen the 1985 ban on the use of neck restraints and other techniques that can cause asphyxiation by law enforcement officers.

§ 5–125.02. Definitions.

For the purposes of this subchapter, the term:

(1) Repealed.

(2) Repealed.

(3) "Asphyxiating restraint" means:

(A) The use of any body part or object by a law enforcement officer against a person with the purpose, intent, or effect of controlling or restricting the person's airway or severely restricting the person's 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; or

(B) The placement of a person by a law enforcement officer in a position in which that person's airway is restricted.

(4) "Law enforcement officer" means:

(A) An officer or member of the Metropolitan Police Department or of any other police force operating in the District;

(B) An investigative officer or agent of the United States;

(D) An on-duty, licensed special police officer;

(E) An on-duty, licensed campus police officer;

(F) An on-duty employee of the Department of Corrections or Department of Youth Rehabilitation Services;

(G) An on-duty employee of the Court Services and Offender Supervision Agency, Pretrial Services Agency, or Family Court Social Services Division; and

(H) An employee of the Office of the Inspector General who, as part of their official duties, conducts investigations of alleged felony violations.

(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.

(6) "Prohibited technique" means an asphyxiating restraint or a neck restraint.

§ 5–125.03. Use of prohibited techniques.

(a) It shall be unlawful:

(1) To use a prohibited technique; or

(2) 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:

(A) Render, or cause to be rendered, first aid; or

(B) Request emergency medical services.

Subchapter XIV. General Powers and Duties.

§ 5–127.01. Conduct of force; power to fine, suspend and dismiss; written charges; opportunity to be heard; removal without trial; amendment of charges.

In addition to the powers vested in them by law, the Council of the District of Columbia is hereby authorized and empowered to make and modify, and the Mayor of the District of Columbia is hereby authorized and empowered to enforce, under such penalties as the Council may deem necessary, all needful rules and regulations for the proper government, conduct, discipline, and good name of said Metropolitan Police force; and said Mayor is hereby authorized and empowered to fine, suspend with or without pay, and dismiss any officer or member of said police force for any offense against the laws of the United States or the laws and ordinances or regulations of the District of Columbia, whether before or after conviction thereof in any court or courts, and for misconduct in office, or for any breaches or violation of the rules and regulations made by the Council for the government, conduct, discipline, and good name of said police force; provided, that no person shall be removed from said police force except upon written charges preferred against him in the name of the Chief of Police of said police force to the trial board or boards hereinafter provided for and after an opportunity shall have been afforded him of being heard in his defense; but no person so removed shall be reappointed to any office in said police force; provided further, that special policemen and additional privates may be removed from office by the Mayor without cause and without trial; provided further, that charges preferred against any member of said police force to the trial board or boards hereinafter provided for may be altered or amended, in the discretion of such trial board or boards, at any time before final action by such board or boards, under such regulations as the Council may adopt, provided the accused have an opportunity to be heard thereon.

(Feb. 28, 1901, 31 Stat. 819, ch. 623, § 1; June 8, 1906, 34 Stat. 221, ch. 3056.)

Prior Codifications

1981 Ed., § 4-117.

1973 Ed., § 4-121.

Section References

This section is referenced in § 1-632.03.

Cross References

Merit system, application to police officers and firefighters, see 1-632.03.

Emergency Legislation

For temporary (90 day) video surveillance regulations, see § 2 of Metropolitan Police Department Video Surveillance Regulations Emergency Act of 2003 (D.C. Act 15-10, January 27, 2003, 50 DCR 1481).

Editor's Notes

Office of Major and Superintendent of Police abolished: See Historical and Statutory Notes following § 5-105.01.

Mayor's Orders

Delegation of Personnel Authority in the Metropolitan Police Department to the Chief of Police: See Mayor’s Order 97-88, May 9,

New Implementing Regulations

New implementing regulations: Pursuant to this section, the following new regulations were adopted in 1982: The “Police Officers Outside Employment Act of 1982” (D.C. Law 4-132, July 24, 1982, 29 DCR 2450).

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(93) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–127.02. Affirmations and oaths to depositions.

The Mayor and the Chief of Police have power to administer, take, receive, and subscribe all affirmations and oaths to any depositions necessary by the rules and regulations of the Mayor, relating to the Metropolitan Police.

(R.S., D.C., § 392; June 11, 1878, 20 Stat. 107, ch. 180, § 6; June 8, 1906, 34 Stat. 221, ch. 3056.)

Prior Codifications

1981 Ed., § 4-119.

1973 Ed., § 4-123.

Section References

This section is referenced in § 1-632.03.

Cross References

Merit system, application to police officers and firefighters, see 1-632.03.

Editor's Notes

Office of Major and Superintendent of Metropolitan Police abolished: See Historical and Statutory Notes following § 5-105.01.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–127.03. Duty to respect and obey Chief of Police.

It shall be the duty of the police force to respect and obey the Chief of Police as the head and chief of the police force, subject to the rules, regulations, and general orders of the Council of the District of Columbia and the Mayor of the District of Columbia.

(R.S., D.C., § 344; June 11, 1878, 20 Stat. 107, ch. 180, § 6.)

Prior Codifications

1981 Ed., § 4-122.

1973 Ed., § 4-126.

Section References

This section is referenced in § 1-632.03.

Cross References

Merit system, application to police officers and firefighters, see 1-632.03.

Editor's Notes

Office of Major and Superintendent of Metropolitan Police abolished: See Historical and Statutory Notes following § 5-105.01.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–127.04. Police to have power of constables; authorization to execute certain Superior Court orders.

(a) The Mayor of the District of Columbia, and the members of the police force, shall possess in every part of the District all the common-law powers of constables, except for the service of civil process and for the collection of strictly private debts, in which designation fines imposed for the breach of the ordinances in force in the District shall not be included.

(b) In addition to the powers enumerated in subsection (a) of this section, members of the Metropolitan Police Department shall execute orders of the Superior Court of the District of Columbia issued pursuant to § 16-1005.

(R.S., D.C., §§ 394, 1035; June 11, 1878, 20 Stat. 107, ch. 180, § 6; Sept. 14, 1982, D.C. Law 4-144, § 8, 29 DCR 3131.)

Prior Codifications

1981 Ed., § 4-136.

1973 Ed., § 4-136.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–127.05. Execution of warrants.

Any warrant for search or arrest, issued by any judge of the District, may be executed in any part of the District by any member of the police force, without any backing or indorsement of the warrant, and according to the terms thereof; and all provisions of law in relation to bail in the District shall apply to this chapter.

(R.S., D.C., § 395.)

Prior Codifications

1981 Ed., § 4-138.

1973 Ed., § 4-138.

Cross References

Arrests, officers pursuing fugitive into District, see § 23-901.

Search warrants, duties under, see § 23-523 et seq.

Search warrants, illegal alcoholic beverages, see § 25-803.

Search warrants, execution under Controlled Substances Act, see § 48-921.02.

Search warrants, time of execution, see § 23-523.

Service of process, Criminal Division of Superior Court, see § 16-703.

References in Text

Pursuant to the District of Columbia Court Reorganization Act of 1970, “judge” was substituted for “magistrate” in this section.

Subchapter XV. Special Police.

Part A. General.

§ 5–129.01. Crossings and intersections; penalty for failure to stop car. [Repealed]

Repealed.

§ 5–129.02. Property of individual or corporation; compensation and regulation.

(a) The Mayor, on application of any corporation or individual, or in his own discretion, may appoint special police officers and security officers in connection with the property of, or under the charge of, such corporation or individual; provided, that the special police officers and security officers be paid wholly by the corporation or person on whose account their appointments are made.

(b) Special police officers and security officers, but not campus police officers, shall be required to complete minimum levels of pre-assignment, on-the-job, and in-service training.

(c) The Mayor, pursuant to subchapter I of chapter 5 of Title 2, may issue rules governing special police officers and security officers. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within this 45-day review period, the proposed rules shall be deemed approved.

(Mar. 3, 1899, 30 Stat. 1057, ch. 422; Nov. 16, 2006, D.C. Law 16-187, § 202, 53 DCR 6722.)

Prior Codifications

1981 Ed., § 4-114.

1973 Ed., § 4-115.

Section References

This section is referenced in § 2-223.01, § 5-762, § 22-4505, § 47-2839.01, and § 47-2853.04.

Effect of Amendments

D.C. Law 16-187 rewrote the section which had previously read as follows: “The Mayor of the District of Columbia, on application of any corporation or individual, or in his own discretion, may appoint special policemen for duty in connection with the property of, or under the charge of, such corporation or individual; said special policemen to be paid wholly by the corporation or person on whose account their appointments are made, and to be subject to such general regulations as the Council of the District of Columbia may prescribe.”

Cross References

Regulated non-health related occupations and professions, see § 47-2853.04.

Special policemen, arrest powers, see § 23-582.

Editor's Notes

Uniform requirements for security officers amended: Section 2 of D.C. Law 5-180 amended § 4.2 of the Regulation Establishing Standards For Certification And Employment For Security Officers, to remove the prohibition against security officers wearing uniforms with stripes, enacted December 1, 1974 (Reg. 74-31; 17 DCMR 2112.1).

Mayor's Orders

Delegation of Personnel Authority in the Metropolitan Police Department to the Chief of Police: See Mayor’s Order 97-88, May 9, 1997, 44 DCR 2959).

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(91) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–129.03. Appointment of special police without pay.

The Mayor of the District of Columbia may, upon any emergency of riot, pestilence, invasion, insurrection, or during any day of public election, ceremony, or celebration, appoint as many special privates without pay, from among the citizens, as he may deem advisable, and for a specified time. During the term of service of such special privates, they shall possess all the powers and privileges and perform all the duties of the privates of the standing police force of the District and such special privates shall wear an emblem to be presented by the Mayor.

(R.S., D.C., §§ 378, 379; June 11, 1878, 20 Stat. 107, ch. 180, § 6.)

Prior Codifications

1981 Ed., § 4-130.

1973 Ed., § 4-133.

Section References

This section is referenced in § 5-105.05.

Delegation of Authority

Delegation of Authority to the Chief of Police to Appoint Special Police Without Pay, see Mayor’s Order 2009-4, January 16, 2009 ( 56 DCR 2018).

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

Part B. Security Officer Advisory Commission.

§ 5–129.21. Security Officer Advisory Commission. [Repealed]

Repealed.

Subchapter XV-A. Detective Advisers.

§ 5–129.31. Detective advisers. [Expired]

Expired.

Subchapter XV-B. Reserve Corps.

§ 5–129.51. Metropolitan Police Department Reserve Corps.

(a) The Mayor shall establish a Metropolitan Police Department Reserve Corps (“Reserve Corps”) in the District of Columbia. The purpose of the Reserve Corps shall be to assist full-time, sworn police personnel in both the day-to-day and emergency delivery of law enforcement services, consistent with applicable law.

(b) The Reserve Corps shall have as its membership a corps of unpaid volunteers who fulfill police duties and responsibilities as determined by the Chief of the Metropolitan Police Department.

(c) The selection criteria required for and training provided to members of the Reserve Corps shall be similar to the selection criteria required for and training provided to full-time, sworn police personnel. When establishing the criteria, the Chief of Police shall review national standards, such as the Commission on Accreditation for Law Enforcement Agencies.

(d) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this section within 180 days of September 30, 2004. The rules shall:

(1) Prescribe the duties and responsibilities of Reserve Corps members;

(2) Define the scope of Reserve Corps members’ authority and discretion in carrying out their duties and responsibilities, including any limitations on or restrictions to their authority and discretion; and

(3) Delineate the supervision Reserve Corps members are to receive.

Subchapter XV-C. Police Escort Reimbursement.

§ 5–129.71. Reimbursable police escorts and other law enforcement services.

(a) The Chief of Police may charge and collect reimbursement fees, as set forth in the fee schedule established pursuant to subsection (b) of this section, for providing police escorts that are necessary to protect public health and safety. All reimbursement fees collected under this subsection shall be deposited into the fund established by § 47-2826(d).

(b) The Chief of Police, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules setting forth a reimbursement fee schedule.

(c) For the purposes of this subchapter, the term “police escort” shall include the assignment of law enforcement personnel and vehicles as necessary to ensure the preservation of public safety, typically either at a specified location or from a point of origin to a specified destination, in a manner consistent with the nature of the persons, material, and the threat posed by the movement or event.

(Feb. 26, 2015, D.C. Law 20-155, § 3002, 61 DCR 9990.)

Emergency Legislation

For temporary (90 days) addition of this subchapter, see § 3002 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) addition of this subchapter, see § 3002 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) addition of this subchapter, see § 3002 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Subchapter XVI. Performing Police Band.

§ 5–131.01. Authorization; detail of local officers; employment and compensation of Director.

There is hereby authorized to be established in the Metropolitan Police Department a band to perform at such municipal or civic functions and events as may be authorized by the Mayor of the District of Columbia. The Mayor is authorized in his discretion to detail officers and members of the Metropolitan Police force and the District of Columbia Fire Department to participate in the activities of such band. The said Mayor is authorized to employ, without reference to the civil service laws, 1 Director for such band with compensation at a rate not to exceed the rate of compensation to which a captain in the Metropolitan Police force is entitled.

(July 11, 1947, 61 Stat. 311, ch. 226, § 1; Aug. 14, 1957, 71 Stat. 345, Pub. L. 85-129, § 1; Aug. 16, 1971, 85 Stat. 343, Pub. L. 92-124, § 1(1).)

Prior Codifications

1981 Ed., § 4-179.

1973 Ed., § 4-182.

Section References

This section is referenced in § 1-632.03.

Cross References

Merit system, application to police officers and firefighters, see § 1-632.03.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–131.02. Detail of federal officers.

The Secretary of the Interior is authorized in his discretion to detail officers and members of the United States Park Police force to participate in the activities of the band established by this subchapter, and the Secretary of the Treasury is authorized in his discretion to detail officers and members of the United States Secret Service Uniformed Division to participate in the activities of such band.

§ 5–131.03. Retirement of Director — Conditions; annuities.

(a) Notwithstanding the limitations of existing law, the person who is the Director of the Metropolitan Police Force band may elect to retire after having served 10 or more years in such capacity and having attained the age of 70 years. Upon such retirement, whether for age and service or for disability, said Director and his surviving spouse or domestic partner, shall be entitled to receive annuities in amounts equivalent to, and under the conditions applicable to, the annuities which a captain in the Metropolitan Police force and his surviving spouse or domestic partner, may be entitled to receive after such captain has retired from said force for substantially the same reason as that for which said Director may retire, whether for age and service or for disability, as the case may be. If the said Director shall apply for retirement for disability, he shall not be eligible to retire under § 5-710, but he shall be eligible to apply for retirement under § 5-709, in like manner as if the said Director were an officer or member of the Metropolitan Police force. The annuities hereby authorized shall be in addition to any pension or retirement compensation which said Director may be entitled to receive from any other source, whether from the United States or otherwise. The annuities payable to said Director and his surviving spouse or domestic partner pursuant to this subchapter shall be payable from District of Columbia appropriations, but shall not be considered as annuities payable to an officer or member of the Metropolitan Police force or to the surviving spouse or domestic partner, of such officer or member. Appropriations for the operations of the Metropolitan Police Department are made available for this purpose. Annuities authorized by this section shall be computed on the basis of compensated service rendered after July 11, 1947.

(b) For the purposes of this section, the term “domestic partner” shall have the same meaning as provided in § 32-701(3).

(July 11, 1947, ch. 226, § 3; Sept. 22, 1959, 73 Stat. 640, Pub. L. 86-356; Aug. 29, 1972, 86 Stat. 642, Pub. L. 92-410, title II, § 202(a); Sept. 12, 2008, D.C. Law 17-231, § 14, 55 DCR 6758; Sept. 26, 2012, D.C. Law 19-171, § 37(a), 59 DCR 6190.)

Prior Codifications

1981 Ed., § 4-181.

1973 Ed., § 4-183a.

Section References

This section is referenced in § 1-632.03.

Effect of Amendments

D.C. Law 17-231 designated subsec. (a); in subsec. (a), substituted “spouse, domestic partner,” for “spouse”; and added subsec. (b).

The 2012 amendment by D.C. Law 19-171 substituted “spouse or domestic partner” for “spouse, domestic partner” throughout (a).

Cross References

Merit system, application to police officers and firefighters, see § 1-632.03.

§ 5–131.04. Applicable statutory provisions; transfer of moneys from Civil Service Retirement and Disability Fund.

The person who is the Director of the Metropolitan Police Force band shall, upon his retirement from such position, be retired under the provisions of this subchapter and not under subchapter III of Chapter 83 of Title 5, United States Code, and the moneys to his credit in the Civil Service Retirement and Disability Fund created under the authority of such subchapter, on the date of such retirement, together with such moneys in such Fund as may have been contributed by the District of Columbia toward the cost of his annuity under such subchapter, shall be transferred to the credit of the general revenues of the District of Columbia.

§ 5–131.05. Appropriations.

Appropriations to carry out the purpose of this subchapter is hereby authorized.

Subchapter XVI-A. Contracting Procedures for Public School Security.

§ 5–132.01. Definitions.

For the purposes of this subchapter, the term:

(1) “Chancellor” means the Chancellor of the District of Columbia Public Schools.

(1A) “DCPS” means the District of Columbia Public Schools.

(1B) "MOA" means the Memorandum of Agreement into which DCPS and MPD enter pursuant to § 5-132.04.

(2) “MPD” means the Metropolitan Police Department.

(2A) “Public charter schools” shall have the same meaning as provided in § 38-1800.02(29).

(3) "School resource officer" means a sworn MPD officer assigned to DCPS or public charter schools for the purpose of working in collaboration with DCPS, public charter schools, and community-based organizations to ensure that DCPS schools, public charter schools, and their grounds are safe environments for students, teachers, and staff through the use of culturally competent, developmentally-appropriate, and community-oriented policing strategies and practices.

(4) Repealed.

(5) "School security personnel" means individuals, including unarmed security guards, that DCPS hires or contracts to support safety in DCPS schools.

(5A) "Security-related contract" means any contract to provide physical or personal security services, including school security personnel, at DCPS schools.

(6) Repealed.

(Apr. 13, 2005, D.C. Law 15-350, § 101, 52 DCR 2005; Mar. 21, 2009, D.C. Law 17-320, § 2(a), 56 DCR 219; Oct. 2, 2010, D.C. Law 18-232, § 201(a), 57 DCR 4504; Dec. 3, 2020, D.C. Law 23-149, § 4102(a), 67 DCR 10493; Nov. 13, 2021, D.C. Law 24-45, § 3082(a), 68 DCR 010163.)

Effect of Amendments

D.C. Law 17-320 redesignated former par. (1) as par. (1A); and added par. (1).

D.C. Law 18-232 added par. (2A); in the lead-in language of par. (3), inserted “or public charter schools” and “, public charter schools,”; and, in par. (3)(C), substituted “DCPS schools and grounds and public charter schools and their grounds” for “DCPS schools and grounds”.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3082(a) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 day) addition, see § 2 of Metropolitan Police Department School Safety and Security Emergency Act of 2004 (D.C. Act 15-496, August 2, 2004, 51 DCR 8797).

For temporary (90 day) addition, see § 2 of School Safety and Security Contracting Procedures Emergency Act of 2004 (D.C. Act 15-596, November 30, 2004, 51 DCR 11219).

For temporary (90 day) addition, see § 2 of School Safety and Security Contracting Procedures Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-3, January 19, 2005, 52 DCR 2675).

Temporary Legislation

For temporary (225 day) addition, see § 2 of School Safety and Security Contracting Procedures Temporary Amendment Act of 2004 (D.C. Law 15-318, April 8, 2005, law notification 52 DCR 4707).

§ 5–132.02. Establishment of the Metropolitan Police Department School Safety Division; functions of the School Safety Division.

(a) There is established within the Metropolitan Police Department a School Safety Division that shall provide school resource officers to the DCPS schools and public charter schools.

(b) The School Safety Division shall be headed by a Director, appointed by, and reporting to, the Chief of Police with rank equal to a Commander or above.

(1) Hire and train school resource officers;

(2) Deploy school resource officers to:

(A) DCPS schools, consistent with the terms of the MOA; and

(B) Public charter schools;

(3) Coordinate with DCPS and public charter schools regarding the use and sharing of resources and communications between MPD and school-specific safety teams; and

(4) Provide recommendations to the Mayor, Council, and the DCPS Chancellor regarding the impact of school closings, consolidations, grade reconfigurations, use of swing space during school reconstruction, and gang and crew violence on the safety and well-being of children.

(c-1) School resource officers shall not report any information regarding a student's suspected crew or gang affiliation, or that of their family members, to a law enforcement agency for the purpose of including such information in any District government crew or gang database, nor shall any such information shared by or derived from a school resource officer be otherwise included in any District government crew or gang database.

(d) The Metropolitan Police Department shall publish on its website by the beginning of each school year a description of the School Safety Division's planned deployment of school resource officers.

(e) Repealed.

(Apr. 13, 2005, D.C. Law 15-350, § 102, 52 DCR 2005; Mar. 21, 2009, D.C. Law 17-320, § 2(b), 56 DCR 219; Oct. 2, 2010, D.C. Law 18-232, § 201(b), 57 DCR 4504; Dec. 3, 2020, D.C. Law 23-149, § 4102(b), 67 DCR 10493; Nov. 13, 2021, D.C. Law 24-45, § 3082(b), 68 DCR 010163; Mar. 10, 2023, D.C. Law 24-285, § 3, 70 DCR 998; Sept. 6, 2023, D.C. Law 25-50, § 3012, 70 DCR 10366.)

Section References

This section is referenced in § 5-132.06.

Effect of Amendments

D.C. Law 17-320, in subsec. (b), substituted “a Commander or above” for “an Assistant Chief”; in subsec. (c)(4), deleted “and” from the end; in subsec. (c)(5), substituted “Chancellor; and” for “Superintendent.”; and added subsecs. (c)(6) and (d).

D.C. Law 18-232 rewrote subsec. (c)(2); in subsec. (d)(1), rewrote the first sentence which had read: “The School Safety Division shall develop a plan to be implemented before the beginning of each DCPS school year for protecting children walking to and from school and for protecting children from gang and crew violence on, in, and around DCPS property.”; and, in subsec. (d)(2)(B), substituted “DCPS and public charter schools property” for “DCPS property”. Prior to amendment, subsec. (c)(2) read as follows: “(2) Deploy school security personnel to DCPS;”

Applicability

Applicability of D.C. Law 24-285: § 4 of D.C. Law 24-285 provided that the amendment of this section by § 3 of D.C. Law 24-285 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3082(b) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 day) addition, see § 3 of Metropolitan Police Department School Safety and Security Emergency Act of 2004 (D.C. Act 15-496, August 2, 2004, 51 DCR 8797).

For temporary (90 day) addition, see § 3 of School Safety and Security Contracting Procedures Emergency Act of 2004 (D.C. Act 15-596, November 30, 2004, 51 DCR 11219).

For temporary (90 day) addition, see § 3 of School Safety and Security Contracting Procedures Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-3, January 19, 2005, 52 DCR 2675).

Temporary Legislation

For temporary (225 day) addition, see § 3 of School Safety and Security Contracting Procedures Temporary Amendment Act of 2004 (D.C. Law 15-318, April 8, 2005, law notification 52 DCR 4707).

§ 5–132.03. Training for school resource officers.

The School Safety Division shall develop a training curriculum for all school resource officers. The curriculum shall be focused on training supervisory and on-site personnel so that they will provide appropriate security procedures for the various socioeconomic conditions at each educational facility. The curriculum shall include training in the following areas:

(1) Child development;

(2) Effective communication skills;

(3) Behavior management;

(4) Conflict resolution;

(5) Substance abuse and its effect on youth;

(6) Availability of social services for youth;

(7) District of Columbia laws and regulations;

(8) Constitutional standards for searches and seizures conducted by school resource officers on school grounds; and

(9) Gang and crew violence prevention.

(Apr. 13, 2005, D.C. Law 15-350, § 103, 52 DCR 2005; Mar. 21, 2009, D.C. Law 17-320, § 2(c), 56 DCR 219; Dec. 3, 2020, D.C. Law 23-149, § 4102(c), 67 DCR 10493.)

Section References

This section is referenced in § 5-132.06.

Effect of Amendments

D.C. Law 17-320, in par. (7), deleted “and” from the end; in par. (8), substituted “ground; and” for “ground.”; and added par. (9).

Emergency Legislation

For temporary (90 day) addition, see § 4 of Metropolitan Police Department School Safety and Security Emergency Act of 2004 (D.C. Act 15-496, August 2, 2004, 51 DCR 8797).

For temporary (90 day) addition, see § 4 of School Safety and Security Contracting Procedures Emergency Act of 2004 (D.C. Act 15-596, November 30, 2004, 51 DCR 11219).

For temporary (90 day) addition, see § 4 of School Safety and Security Contracting Procedures Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-3, January 19, 2005, 52 DCR 2675).

Temporary Legislation

For temporary (225 day) addition, see § 4 of School Safety and Security Contracting Procedures Temporary Amendment Act of 2004 (D.C. Law 15-318, April 8, 2005, law notification 52 DCR 4707).

§ 5–132.03a. DCPS responsibilities for school security.

(a) By October 1, 2020, DCPS shall be responsible for school security personnel within DCPS schools, and shall:

(1) Oversee the hiring or contracting of school security personnel for DCPS;

(2) Deploy school security personnel to DCPS schools;

(3) Provide oversight over school security personnel and be responsible for administering all disciplinary actions related to school security personnel, including termination;

(4) Execute, approve, administer, monitor, and provide oversight over any security-related contract for school security personnel; and

(5) Create and implement school building security and emergency operations plans, in consultation with MPD and the Homeland Security and Emergency Management Agency.

§ 5–132.03b. Training for school security personnel.

(a) For the school year beginning in 2020, DCPS may use the training curriculum adopted by MPD pursuant to § 5-132.03 to train its school security personnel.

(b) By the start of the school year beginning in 2021, DCPS shall adopt a school security personnel training curriculum based on the positive youth development philosophy. The curriculum shall focus on training supervisory and on-site personnel to provide security services responsive and appropriate to the student, staff, and family populations at each school building. At a minimum, the curriculum shall include training in the following areas, developed with advice from appropriate other District agencies:

(1) Child and adolescent development;

(2) Effective communication skills;

(3) Behavior management;

(4) Conflict resolution, including restorative justice practices;

(5) De-escalation techniques;

(6) Behavioral health issues for youth and families;

(7) Child sexual abuse and gender-based violence prevention, identification, and response;

(8) Availability of social services for youth;

(9) District of Columbia laws and regulations;

(10) Constitutional standards for searches and seizures conducted by school security personnel on school grounds; and

(11) Violence prevention, including gang and crew dynamics.

§ 5–132.04. Coordination of school security efforts between DCPS and MPD.

By October 1, 2020, DCPS and MPD shall enter into a MOA for the purpose of coordinating the agencies' respective security obligations at DCPS schools. The MOA shall:

(1) Reflect DCPS's role as the administrator of any security-related contract;

(2) Include provisions for effectuating the transfer of any personnel, property, funds, or records necessary to transfer responsibility for any existing security-related contract from MPD to DCPS;

(3) Delineate lines of authority, supervision, and communication between MPD and DCPS, including how school resource officers deployed at each school will provide security in coordination with the school's principal and school security personnel; provided, that during emergencies, incident command shall be consistent with the District of Columbia response plan, as defined by § 7-2301(1A);

(4) Include a process for resolving disagreements between DCPS and MPD at all levels; and

(5) Provide for MPD advice and consultation on DCPS school building security and emergency operations plans.

(Apr. 13, 2005, D.C. Law 15-350, § 104, 52 DCR 2005; Dec. 3, 2020, D.C. Law 23-149, § 4102(e), 67 DCR 10493.)

Section References

This section is referenced in § 5-132.06.

Emergency Legislation

For temporary (90 day) addition, see § 5 of Metropolitan Police Department School Safety and Security Emergency Act of 2004 (D.C. Act 15-496, August 2, 2004, 51 DCR 8797).

For temporary (90 day) addition, see § 5 of School Safety and Security Contracting Procedures Emergency Act of 2004 (D.C. Act 15-596, November 30, 2004, 51 DCR 11219).

For temporary (90 day) addition, see § 5 of School Safety and Security Contracting Procedures Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-3, January 19, 2005, 52 DCR 2675).

Temporary Legislation

For temporary (225 day) addition, see § 5 of School Safety and Security Contracting Procedures Temporary Amendment Act of 2004 (D.C. Law 15-318, April 8, 2005, law notification 52 DCR 4707).

§ 5–132.05. Authority to issue RFPs for school security-related contracts.

(a)(1) By October 1, 2020, DCPS shall be responsible for administering and funding any security-related contract effective during the 2020-2021 school year.

(2) MPD shall transfer to DCPS all personnel, property, funds, or records necessary for DCPS to administer and fund any security-related contract effective during the 2020-2021 school year.

(b) Responsibility for the issuance of a Request for Proposals ("RFP") for any security-related contract for DCPS for a contract term to begin June 30, 2021, or later shall transfer from the MPD to DCPS as of August 5, 2020. DCPS shall be responsible for awarding, executing, administering, and funding a contract resulting from an RFP issued under this subsection.

(Apr. 13, 2005, D.C. Law 15-350, § 105, 52 DCR 2005; Dec. 3, 2020, D.C. Law 23-149, § 4102(f), 67 DCR 10493.)

Emergency Legislation

For temporary (90 day) addition, see § 6 of Metropolitan Police Department School Safety and Security Emergency Act of 2004 (D.C. Act 15-496, August 2, 2004, 51 DCR 8797).

For temporary (90 day) addition, see § 6 of School Safety and Security Contracting Procedures Emergency Act of 2004 (D.C. Act 15-596, November 30, 2004, 51 DCR 11219).

For temporary (90 day) addition, see § 2(a) of School Security Authority Extension Emergency Amendment Act of 2004 (D.C. Act 15-728, January 13, 2005, 52 DCR 1954).

For temporary (90 day) addition, see § 6 of School Safety and Security Contracting Procedures Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-3, January 19, 2005, 52 DCR 2675).

Temporary Legislation

For temporary (225 day) addition, see § 6 of School Safety and Security Contracting Procedures Temporary Amendment Act of 2004 (D.C. Law 15-318, April 8, 2005, law notification 52 DCR 4707).

§ 5–132.06. Applicability of §§ 5-132.02 and 5-132.03.

Sections 5-132.02 and 5-132.03 shall apply as of the first day of October 1, 2005, or upon the submission by the Mayor to the Council of a supplemental budget to effect the transfer of funds from DCPS to the MPD, whichever occurs first, and Council approval pursuant to § 5-132.04(c).

(Apr. 13, 2005, D.C. Law 15-350, § 106, 52 DCR 2005.)

Emergency Legislation

For temporary (90 day) addition, see § 7 of Metropolitan Police Department School Safety and Security Emergency Act of 2004 (D.C. Act 15-496, August 2, 2004, 51 DCR 8797).

For temporary (90 day) addition, see § 7 of School Safety and Security Contracting Procedures Emergency Act of 2004 (D.C. Act 15-596, November 30, 2004, 51 DCR 11219).

For temporary (90 day) addition, see § 7 of School Safety and Security Contracting Procedures Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-3, January 19, 2005, 52 DCR 2675).

Temporary Legislation

For temporary (225 day) addition, see § 7 of School Safety and Security Contracting Procedures Temporary Amendment Act of 2004 (D.C. Law 15-318, April 8, 2005, law notification 52 DCR 4707).

Subchapter XVI-B. Establishment of Safe Passage Zones Near Schools.

§ 5–132.21. School safe passage emergency zones.

(a) For the purposes of this section, the term:

(1) “Assault-related offense” means a crime or offense established in §§ 22-401, 22-402, 22-403, 22-404, 22-404.01, 22-406, 22-407, and 22-851.

(2) “Chief of Police” means the Chief of the Metropolitan Police Department.

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

(4) “Dangerous crime” shall have the same meaning as provided in § 23-1331(3).

(5) “Disperse” means to depart from the designated school safe passage emergency zone and not to reassemble within the zone with anyone from the group ordered to depart.

(6) “Known violent or dangerous offender” means a person who has, within the knowledge of the arresting officer, been convicted, or adjudicated delinquent, in any court of any violation involving an assault-related offense, a crime of violence, or a dangerous crime.

(7) “MPD” means the Metropolitan Police Department.

(8) “School day” means 7:00 a.m. until 9:00 p.m. Monday through Friday.

(b) The Chief of Police may declare any area within 1,000 feet of the perimeter of the grounds of a District of Columbia public school or public charter school or within 300 feet of the boundary of the area affecting passage between the school and proximate public transportation a school safe passage emergency zone during a school day for a period not to exceed 5 consecutive school days when the school is in session. The Chief of Police shall inform his or her commanders, the Mayor, and the Council of the declaration of a school safe passage emergency zone and explain the basis for it pursuant to subsection (c) of this section.

(c) In determining whether to designate a school safe passage emergency zone, the Chief of Police shall find the following:

(1) The occurrence of a disproportionately high number of incidences of assault-related offenses, crimes of violence, or dangerous crimes committed in the proposed school safe passage emergency zone within the preceding 2-week period;

(2) Objective or verifiable information that shows that disproportionately high incidences of assault-related offenses, crimes of violence, or dangerous crimes are occurring on public space or public property within the proposed school safe passage emergency zone; or

(3) Any other verifiable information from which the Chief of Police may ascertain whether the health or safety of students or employees of or visitors to public school facilities are endangered by assault-related offenses, crimes of violence, or dangerous crimes in the school safe passage emergency zone.

(d) Upon the designation of a school safe passage emergency zone, the MPD shall mark each block within the school safe passage emergency zone by using barriers, tape, signs, or police officers that post or announce the following information in the immediate area of, and borders around, the school safe passage emergency zone:

(1) A statement that it is unlawful for a person to congregate in a group of 3 or more persons for the purpose of engaging in an assault-related offense, a crime of violence, or a dangerous crime within the boundaries of a school safe passage emergency zone, and fail to disperse after being instructed to disperse by a uniformed officer of the MPD, or a non-uniformed officer of the MPD upon display of MPD identification, who reasonably believes the person is congregating for the purpose of engaging in an assault-related offense, a crime of violence, or a dangerous crime;

(2) The boundaries of the school safe passage emergency zone;

(3) A statement of the effective dates and hours of the school safe passage emergency zone designation; and

(4) Any additional information the Chief of Police considers appropriate.

(e)(1) It shall be unlawful for a person to congregate in a group of 3 or more persons on public space or public property within a school safe passage emergency zone established pursuant to subsection (b) of this section for the purpose of engaging in an assault-related offense, a crime of violence, or a dangerous crime, and fail to disperse after being instructed to disperse by a uniformed officer of the MPD, or a non-uniformed officer of the MPD upon display of MPD identification, who reasonably believes the person is congregating for the purpose of engaging in an assault-related offense, a crime of violence, or a dangerous crime.

(2) In making a determination that a person is congregating in a school safe passage emergency zone for the purpose of engaging in an assault-related offense, a crime of violence, or a dangerous crime, the totality of the circumstances involved shall be considered. Among the circumstances which may be considered in determining purpose are:

(A) Conduct of the person being observed indicating that the person is engaging in or is about to engage in an assault-related offense, a crime of violence, or a dangerous crime;

(B) Information from a reliable source indicating that the person being observed is engaging in or about to engage in an assault-related offense, a crime of violence, or a dangerous crime within the area currently designated as a school safe passage emergency zone;

(C) Whether the person is identified by an officer as a member of a gang or association which engages in assault-related offenses, crimes of violence, or dangerous crimes; and

(D) Whether the person is a known violent or dangerous offender.

(f) Any person who violates this section shall, upon conviction, be subject to a fine of not more than $300, or imprisonment for not more than 6 months.

(g) The Attorney General for the District of Columbia, or his or her assistants, shall prosecute all violations of this section.

Subchapter XVI-C. Community Policing.

Part A. Community Crime Prevention Team Program.

§ 5–132.31. Community Crime Prevention Team Program.

(a) There is established within the Metropolitan Police Department ("MPD") a Community Crime Prevention Team Program ("Program") to reduce crime and increase access to social services by enhancing the coordination between law enforcement and health and human services agencies.

(b) Under the Program, the MPD shall, in coordination with the Department of Behavioral Health ("DBH") and the Department of Human Services ("DHS"), pair mental and behavioral health clinicians and outreach specialists with MPD officers in teams, in order to immediately identify individuals in need of assistance and connect those who may be impacted by homelessness, mental illness, or substance abuse, with available services.

(c) In addition to connecting individuals in need of assistance with available services, mental and behavioral health clinicians and outreach specialists who participate in the Program shall:

(1) Make the MPD aware of recurring issues identified in each police district;

(2) Identify any potential improvements in police training or procedures relating to police interactions with individuals impacted by homelessness, mental or behavioral health issues, or substance abuse; and

(3) Identify individuals who frequently interact with police, are frequent mental health consumers, or have suffered from chronic homelessness, and ensure that those individuals are connected to social services.

(d) No later than October 1, 2016, or 6 months after receiving funding, whichever is later, the MPD shall establish no fewer than 5 teams pursuant to subsection (b) of this section; provided, that at least one team shall be on duty at any time.

(e) Beginning January 31, 2017, and every January 31 thereafter, the MPD shall collect data on the number and type of referrals for service and the outcomes of the referrals that occur pursuant to this section in that reporting period and in the aggregate, and issue a report to the Mayor and the Council on the Program’s activities and referrals.

Part B. Community Policing Working Group.

§ 5–132.32. Metropolitan Police Department community policing working group.

(a) The Chief of Police of the Metropolitan Police Department ("MPD") shall convene a working group to examine national best practices in community policing and make recommendations.

(b) The working group shall be comprised of no fewer than 10 representatives appointed by the Chief of Police from the government, nonprofit and community organizations, and academic institutions.

(c) The working group shall issue a report of its recommendations on best practices in community policing for the MPD’s adoption to the Mayor and the Council no later than July 1, 2017, and biennially thereafter.

Subchapter XVII. Miscellaneous.

§ 5–133.01. [Reserved].

§ 5–133.02. Allowance for use of private motor vehicles by inspectors.

The Mayor of the District of Columbia is hereby authorized to pay to not more than 3 inspectors of the Metropolitan Police force who may be called upon to use privately-owned automobiles in the performance of official duties for each automobile an allowance not to exceed $480 per annum.

(June 25, 1947, 61 Stat. 179, ch. 145.)

Prior Codifications

1981 Ed., § 4-110.

1973 Ed., § 4-108a.

Section References

This section is referenced in § 1-632.03.

Cross References

Merit system, application to police officers and firefighters, see § 1-632.03.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–133.03. Detail of privates.

The Mayor of the District of Columbia is hereby authorized to detail from time to time from the privates of the police force such number of privates as may in his judgment be necessary for special service in the detection and prevention of crime, and while serving in such capacity they shall have the rank of sergeants in the force.

(Feb. 28, 1901, 31 Stat. 820, ch. 623, § 3.)

Prior Codifications

1981 Ed., § 4-111.

1973 Ed., § 4-110.

Section References

This section is referenced in § 1-632.03.

Cross References

Merit system, application to police officers and firefighters, see § 1-632.03.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–133.04. Watchmen at Municipal Building. [Repealed]

Repealed.

(Mar. 3, 1909, 35 Stat. 689, ch. 250; Dec. 7, 2004, D.C. Law 15-205, § 3103, 51 DCR 8441.)

Prior Codifications

1981 Ed., § 4-112.

1973 Ed., § 4-111.

Emergency Legislation

For temporary (90 day) amendment of section, see §§ 3103, 3104 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see §§ 3103, 3104 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

Editor's Notes

Applicability of subtitle A of title III of D.C. Law 15-205: Section 3104 of D.C. Law 15-205 provided: “This subtitle shall apply as of the implementation date for transferring the Protective Services Division, and the functions performed by the Protective Services Division, from the Office of Property Management to the Metropolitan Police Department specified in a reorganization plan submitted by the Mayor to the Council pursuant to the Governmental Reorganization Procedures Act of 1981, effective October 17, 1981 (D.C. Law 4-42; D.C. Official Code § 1-315.01 et seq.), that has been approved by the Council.”

§ 5–133.04a. Watchmen at Municipal Building.

Policemen shall not be detailed for duty as watchmen at the Municipal Building.

§ 5–133.05. Public buildings and grounds belonging to the United States.

The provisions of the several laws and regulations within the District of Columbia for the protection of public or private property and the preservation of peace and order are extended to all public buildings and public grounds belonging to the United States within the District of Columbia.

§ 5–133.06. Trial boards.

The Mayor of the District of Columbia is also hereby authorized and empowered to create one or more trial board or boards, to be composed of such number of persons as said Mayor may appoint thereto, for the trial of officers and members of said police force; and the Council of the District of Columbia is hereby authorized and empowered to make and amend rules of procedure before such trial board or boards as it deems proper and the Mayor is hereby authorized and empowered to change or abolish any such trial board or boards as he may deem proper; and the findings of such trial board or boards shall be final and conclusive unless appeal in writing therefrom is made within 5 days to the Mayor of the District of Columbia, the hearings on appeal to be submitted either orally or in writing, and the decision of the said Mayor thereon shall be final and conclusive; provided, that said Mayor shall not be required, in his review of the sentences and findings of such trial board or boards, to take evidence, either oral, written, or documentary, and he shall have power to reduce or modify the findings and penalty of the trial board or boards or remand any case against any officer or member of said police force to such board or boards for such further proceedings as he may deem necessary; provided, that the chairman for the time being of any and every trial board be, and he is hereby, authorized to administer oaths to and take affirmations of witnesses before such board or boards; and provided, that the rules and regulations of said Metropolitan Police force promulgated and in force on July 8, 1906, are hereby ratified and shall remain in force until changed, altered, amended, or abolished by said Council.

(Feb. 28, 1901, 31 Stat. 819, ch. 623, § 1; June 8, 1906, 34 Stat. 222, ch. 3056.)

Prior Codifications

1981 Ed., § 4-118.

1973 Ed., § 4-122.

Section References

This section is referenced in § 1-632.03 and § 5-1114.

Cross References

Merit system, application to police officers and firefighters, see § 1-632.03.

Editor's Notes

Boards established: Reorganization Order No. 48 of the Board of Commissioners, dated June 26, 1953, established in the government of the District of Columbia a Regular Police Trial Board, a Special Police Trial Board, and a Complaint Review Board to operate in accordance with applicable laws, rules, and regulations. The Order set forth the purpose, manner of selection of members, and the functions of the Boards, and abolished the previously existing Police Trial and Review Boards. This Order was issued pursuant to Reorganization Plan No. 5 of 1952.

Delegation of Authority

Delegation of Authority—Secretary of the District of Columbia, see Mayor’s Order 95-26, January 27, 1995.

Delegation of Authority—Office of the Secretary, see Mayor’s Order 97-87, May 6, 1997 ( 44 DCR 2958).

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(94) and (95) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–133.07. Police surgeons. [Repealed]

Repealed.

§ 5–133.08. Chief of Police to make quarterly reports.

The Chief of Police shall make to the Mayor quarterly reports in writing of the state of the Police District, with such statistics and suggestions as he may deem advisable for the improvement of the police government and discipline of said District.

(R.S., D.C., § 346; June 11, 1878, 20 Stat. 107, ch. 180, § 6.)

Prior Codifications

1981 Ed., § 4-123.

1973 Ed., § 4-127.

Section References

This section is referenced in § 1-632.03.

Cross References

Merit system, application to police officers and firefighters, see § 1-63

Editor's Notes

Office of Major and Superintendent of Metropolitan Police abolished: See Historical and Statutory Notes following § 5-105.01.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–133.09. Exemption from military or jury duty, civil arrest or process.

No person holding office under this chapter shall be liable to military or jury duty, nor to arrest on civil process, nor to service of subpoenas from civil courts while actually on duty.

§ 5–133.10. Rewards, presents, fees or emoluments prohibited; exception; notice to Mayor required; failure to give notice.

(a) Neither the Mayor of the District of Columbia, nor any member of the Council of the District of Columbia or of the police force, shall receive or share in, for his own benefit, under any pretense whatever, any present, fee, or emolument, for police services, other than the regular salary and pay provided by law, except by consent of the Mayor.

(b) The Mayor, for meritorious and extraordinary services rendered by any member of the police force, in the due discharge of his duty, may permit such member to retain for his own benefit any reward or present tendered him therefor.

(c) Upon notice to the Mayor from any member of the police force, of the receipt by such member of any reward or present, the Mayor may order the member to retain the same, or shall dispose thereof for the benefit of the Policemen and Firemen’s Relief Fund.

(d) It shall be cause of removal from the police force for any member to receive rewards or presents without giving notice of the same to the Mayor.

(R.S., D.C., §§ 357, 358, 359, 360; June 11, 1878, 20 Stat. 107, ch. 180, § 6; Sept. 1, 1916, 39 Stat. 718, ch. 433, § 12.)

Prior Codifications

1981 Ed., § 4-125.

1973 Ed., § 4-129.

Section References

This section is referenced in § 1-632.03.

Cross References

Fugitives, apprehension of and payment of rewards, see § 24-201.27.

Merit system, application to police officers and firefighters, see § 1-632.03.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–133.11. Discriminating laws not to be enforced.

The said Mayor of the District of Columbia shall not enforce any law or ordinance discriminating between persons in the administration of justice.

(R.S., D.C., § 396; June 11, 1878, 20 Stat. 107, ch. 180, § 6.)

Prior Codifications

1981 Ed., § 4-139.

1973 Ed., § 4-139.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–133.12. Bonds.

The Mayor of the District of Columbia shall obtain a bond to secure the District against loss resulting from any act of dishonesty by any officer or member of the Metropolitan Police force. Bonds obtained under this section shall be in such amounts, and may secure the District against loss resulting from such other acts by officers and members of the Metropolitan Police force, as the Council of the District of Columbia shall consider appropriate. The Mayor may obtain such bonds by negotiation, without regard to § 2-225.05 [repealed], and shall pay the cost of such bonds out of funds appropriated for the expenses of the Metropolitan Police Department for fiscal years beginning after June 30, 1953. The premium on any such bond may cover periods not exceeding 3 years and may be paid in advance.

(June 29, 1953, 67 Stat. 101, ch. 159, § 305(a); July 7, 1955, 69 Stat. 281, ch. 280, § 4.)

Prior Codifications

1981 Ed., § 4-184.

1973 Ed., § 4-186.

Section References

This section is referenced in § 1-632.03.

Cross References

Merit system, application to police officers and firefighters, see § 1-632.03.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(106) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–133.13. Mobile laboratory.

The Metropolitan Police force shall maintain and operate a motor vehicle equipped with cameras, photographic developing equipment, an electrical generator, floodlights, and such other equipment as may be necessary to permit the use of the vehicle as a mobile laboratory to handle evidence at the scenes of crimes and otherwise to aid in the prevention and detection of crime.

§ 5–133.14. Expenditures for the prevention and detection of crime.

(a) The Chief of Police of the Metropolitan Police Department is authorized, with the approval of the Mayor of the District of Columbia and within the limits of appropriations therefor, to make expenditures for the prevention and detection of crime under his certificate. The certificate of the Chief of Police for such expenditures shall be deemed a sufficient voucher for the sum therein expressed to have been expended.

(b) Notwithstanding any other law, rule, or regulation, beginning in fiscal year 2007, the Chief of Police may issue grants to individuals or organizations from local funds for the prevention and detection of crime.

(c) The Chief of Police, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section.

(Oct. 26, 1973, 87 Stat. 505, Pub. L. 93-140, § 9; Sept. 18, 2007, D.C. Law 17-20, § 3002, 54 DCR 7052.)

Prior Codifications

1981 Ed., § 4-186.

1973 Ed., § 4-188.

Effect of Amendments

D.C. Law 17-20 designated the existing text as subsec. (a); and added subsecs. (b and (c).

Emergency Legislation

For temporary (90 day) amendment of section, see § 3002 of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

Short Title

Short title: Section 3001 of D.C. Law 17-20 provided that subtitle A of title III of the act may be cited as the “Metropolitan Police Department Grant-Making Authority Clarification Amendment Act of 2007”.

Change in Government

§ 5–133.15. Attendance at pistol matches.

The Mayor of the District of Columbia is authorized to pay the expenses of officers and members of the Metropolitan Police Department and the Department of Corrections for attending pistol matches, including entrance fees, and is further authorized to permit officers and members to attend such matches without loss of pay or time.

(Oct. 26, 1973, 87 Stat. 506, Pub. L. 93-140, § 10.)

Prior Codifications

1981 Ed., § 4-187.

1973 Ed., § 4-189.

Change in Government

§ 5–133.16. Transfer of ammunition feeding devices prohibited.

Except as provided in § 7-2507.05, and § 22-4517, the Metropolitan Police Department shall not transfer any ammunition feeding device in its possession to any person or entity other than a law enforcement officer or governmental agency for law enforcement purposes.

§ 5–133.17. Cooperative agreements between federal agencies and Metropolitan Police Department.

(a) Agreements. — Each covered Federal law enforcement agency may enter into a cooperative agreement with the Metropolitan Police Department of the District of Columbia to assist the Department in carrying out crime prevention and law enforcement activities in the District of Columbia, including taking appropriate action to enforce subsection (e) of this section [§ 22-1323; see Editor’s note] (except that nothing in such an agreement may be construed to grant authority to the United States to prosecute violations of subsection (e) of this section).

(b) Contents of agreement. — An agreement entered into between a covered Federal law enforcement agency and the Metropolitan Police Department pursuant to this section may include agreements relating to:

(1) Sending personnel of the agency on patrol in areas of the District of Columbia which immediately surround the area of the agency’s jurisdiction, and granting personnel of the agency the power to arrest in such areas;

(2) Sharing and donating equipment and supplies with the Metropolitan Police Department;

(3) Operating on shared radio frequencies with the Metropolitan Police Department;

(4) Permitting personnel of the agency to carry out processing and papering of suspects they arrest in the District of Columbia; and

(5) Such other items as the agency and the Metropolitan Police Department may agree to include in the agreement.

(c) Coordination with U.S. Attorney’s Office. — Agreements entered into pursuant to this section shall be coordinated in advance with the United States Attorney for the District of Columbia.

(d) Covered federal law enforcement agencies described. — In this section, the term “covered federal law enforcement agency” means any of the following:

(1) United States Capitol Police.

(2) United States Marshals Service.

(3) Library of Congress Police.

(4) Bureau of Engraving and Printing Police Force.

(5) Supreme Court Police.

(6) Amtrak Police Department.

(7) Department of Protective Services, United States Holocaust Museum.

(8) Government Printing Office Police.

(9) United States Park Police.

(10) Bureau of Alcohol, Tobacco, and Firearms.

(11) Drug Enforcement Administration.

(12) Federal Bureau of Investigation.

(13) Criminal Investigation Division, Internal Revenue Service.

(14) Department of the Navy Police Division, Naval District Washington.

(15) Naval Criminal Investigative Service.

(16) 11th Security Police Squadron, Bolling Air Force Base.

(17) United States Army Military District of Washington.

(18) United States Customs Service.

(19) Immigration and Naturalization Service.

(20) Postal Inspection Service, United States Postal Service.

(21) Uniformed Division, United States Secret Service.

(22) United States Secret Service.

(23) National Zoological Park Police.

(24) Federal Protective Service, General Services Administration, National Capital Region.

(25) Defense Protective Service, Department of Defense Washington Headquarters Services.

(26) Office of Protective Services, Smithsonian Institution.

(27) Office of Protective Services, National Gallery of Art.

(28) United States Army Criminal Investigation Command, Department of the Army Washington District, 3rd Military Police Group.

(29) Marine Corps Law Enforcement.

(30) Department of State Diplomatic Security.

(31) United States Coast Guard.

(32) United States Postal Police.

(33) Any other law enforcement agency of the Federal government that the Chief of the Metropolitan Police Department and the United States Attorney for the District of Columbia deem appropriate to enter into an agreement pursuant to this section.

(Aug. 5, 1997, 111 Stat. 782, Pub. L. 105-33, § 11712(a)-(d); Apr. 20, 1999, D.C. Law 12-264, § 16, 46 DCR 2118; Jan. 8, 2002, 115 Stat. 2099, Pub. L. 107-113, § 2.)

Prior Codifications

1981 Ed., § 4-192.

Section References

This section is referenced in § 5-113.31, § 5-301, and § 22-4131.

Effect of Amendments

Pub. L. 107-113 added subsec. (d)(33).

Effective Dates

Section 11721 of title XI of Pub. L. 105-33, 111 Stat. 786, the National Capital Revitalization and Self-Government Improvement Act of 1997, provided that except as otherwise provided in this title, the provisions of this title shall take effect on the later of October 1, 1997, or the day the District of Columbia Financial Responsibility and Management Assistance Authority certifies that the financial plan and budget for the District government for fiscal year 1998 meet the requirements of section 201(c)(1) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, as amended by this title.

§ 5–133.18. Proceeds from sales of excess vehicles.

Effective October 19, 2000, and notwithstanding any other provision of law, police vehicles purchased for the Metropolitan Police Department (“MPD”) which have been declared excess, either through age or mechanical faults, shall be auctioned, or otherwise disposed of by the MPD. Revenue not to exceed $500,000 generated by auction or other means of disposal shall be returned to the MPD as Other Revenue, to be used expressly for the purchase of specialty replacement vehicles, including motorcycles. Any revenue in excess of $500,000 shall revert to the General Fund.

§ 5–133.19. Regulations for use of video surveillance by Metropolitan Police Department.

(a) The Chief of Police, pursuant to subchapter I of Chapter 5 of Title 2, shall issue regulations pertaining to the Metropolitan Police Department’s use of video surveillance cameras and technology in the operation of its Joint Operations Command Center/Synchronized Operations Command Center.

(b) The proposed regulations shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess.

(c) If the Council does not approve or disapprove the proposed regulations, in whole or in part, by resolution, within this 45-day review period, the proposed regulations shall be deemed disapproved.

(Oct. 1, 2002, D.C. Law 14-190, § 2702, 49 DCR 6968.)

Emergency Legislation

For temporary (90 day) addition of § 5-133.19, see § 2 of Metropolitan Police Department Video Surveillance Regulations Emergency Act of 2002 (D.C. Act 14-302, March 25, 2002, 49 DCR 3393).

For temporary (90 day) addition of § 5-133.19, see § 2602 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

Temporary Legislation

For temporary (225 day) addition, see § 2 of Metropolitan Police Department Video Surveillance Regulations Temporary Act of 2002 (D.C. Law 14-158, June 25, 2002, law notification 49 DCR 6494).

Short Title

Short title of subtitle A of title XXVII of Law 14-190: Section 2701 of D.C. Law 14-190 provided that subtitle A of title XXVII of the act may be cited as the Metropolitan Police Department Video Surveillance Regulations Act of 2002.

Resolutions

Resolution 14-609, the “Metropolitan Police Department Closed Circuit Television System Regulations Approval Resolution of 2002”, was approved effective November 22, 2002.

Resolution 16-699, the “Metropolitan Police Department Closed Circuit Television System Regulations Amendment Disapproval

Resolution of 2006“, was approved effective July 7, 2006.

§ 5–133.20. Procedures for electronic recording of interrogations. [Repealed]

Repealed.

(Apr. 4, 2003, D.C. Law 14-280, § 2, 50 DCR 886; Apr. 13, 2005, D.C. Law 15-351, § 201, 52 DCR 2275.)

Emergency Legislation

For temporary (90 day) addition, see § 101 of Electronic Recording Procedures and Penalties Emergency Act of 2005 (D.C. Act 16-41, February 17, 2005, 52 DCR 3042).

For temporary (90 day) repeal of section, see § 201 of Electronic Recording Procedures and Penalties Emergency Act of 2005 (D.C. Act 16-41, February 17, 2005, 52 DCR 3042).

Temporary Legislation

For temporary (225 day) additions, see § 101 to 103 of Electronic Recording Procedures and Penalties Temporary Act of 2005 (D.C. Law 16-1, May 14, 2005, law notification 52 DCR 5424).

Temporary Repeal of Section For temporary (225 day) repeal of section, see § 201 of Electronic Recording Procedures and Penalties Temporary Act of 2005 (D.C. Law 16-1, May 14, 2005, law notification 52 DCR 5424).

§ 5–133.21. Motor vehicle theft prevention teams.

(a) For the purpose of this section, the term “motor vehicle” means any automobile, motorcycle, truck, truck tractor, truck tractor with semitrailer or trailer, or bus.

(b) The Metropolitan Police Department shall have no fewer than 3 teams, comprised of no fewer than 3 officers each, whose primary responsibilities are the prevention of motor vehicle theft and the recovery of stolen motor vehicles.