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

§ 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 [Repealed]

Repealed.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

§ 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

§ 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

§ 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

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.

§ 5–133.15. 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.