1 ______________________________
2 Councilmember Charles Allen
3
4
5 A BILL
6
7 ___________
8
9 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
10
11 ___________________________
12
13
14 To provide, on an emergency basis, due to congressional review, for comprehensive policing and
15 justice reform for District residents and visitors, and for other purposes.
16 TABLE OF CONTENTS
17 TITLE I. IMPROVING POLICE ACCOUNTABILITY AND TRANSPARENCY ............. 2
18 SUBTITLE A. PROHIBITING THE USE OF NECK RESTRAINTS............................... 2
19 SUBTITLE B. IMPROVING ACCESS TO BODY-WORN CAMERA VIDEO
20 RECORDINGS ..................................................................................................................... 4
21 SUBTITLE C. OFFICE OF POLICE COMPLAINTS REFORMS ................................... 9
22 SUBTITLE D. USE OF FORCE REVIEW BOARD MEMBERSHIP EXPANSION ..... 10
23 SUBTITLE E. ANTI-MASK LAW REPEAL.................................................................... 12
24 SUBTITLE F. LIMITATIONS ON CONSENT SEARCHES .......................................... 12
25 SUBTITLE G. MANDATORY CONTINUING EDUCATION EXPANSION;
26 RECONSTITUTING THE POLICE OFFICERS STANDARDS AND TRAINING
27 BOARD ............................................................................................................................... 14
28 SUBTITLE H. IDENTIFICATION OF MPD OFFICERS DURING FIRST
29 AMENDMENT ASSEMBLIES AS LOCAL LAW ENFORCEMENT ............................ 16
30 SUBTITLE I. PRESERVING THE RIGHT TO JURY TRIAL ....................................... 17
31 SUBTITLE J. REPEAL OF FAILURE TO ARREST CRIME ........................................ 18
32 SUBTITLE K. AMENDING MINIMUM STANDARDS FOR POLICE OFFICERS .... 18
33 SUBTITLE L. POLICE ACCOUNTABILITY AND COLLECTIVE BARGAINING
34 AGREEMENTS .................................................................................................................. 18
35 SUBTITLE M. OFFICER DISCIPLINE REFORMS ....................................................... 19
36 SUBTITLE N. USE OF FORCE REFORMS .................................................................... 20
37 SUBTITLE O. RESTRICTIONS ON THE PURCHASE AND USE OF MILITARY
38 WEAPONRY....................................................................................................................... 21
1
39 SUBTITLE P. LIMITATIONS ON THE USE OF INTERNATIONALLY BANNED
40 CHEMICAL WEAPONS, RIOT GEAR, AND LESS-LETHAL PROJECTILES .......... 22
41 SUBTITLE Q. POLICE REFORM COMMISSION ........................................................ 24
42 SUBTITLE R. METRO TRANSIT POLICE DEPARTMENT OVERSIGHT AND
43 ACCOUNTABILITY .......................................................................................................... 26
44 TITLE II. BUILDING SAFE AND JUST COMMUNITIES ................................................ 31
45 SUBTITLE A. RESTORE THE VOTE ............................................................................. 31
46 TITLE III. APPLICABILITY; FISCAL IMPACT STATEMENT; EFFECTIVE DATE .. 32
47
48
49 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
50 act may be cited as the Comprehensive Policing and Justice Reform Congressional Review
51 Emergency Amendment Act of 2020.
52 TITLE I. IMPROVING POLICE ACCOUNTABILITY AND TRANSPARENCY
53 SUBTITLE A. PROHIBITING THE USE OF NECK RESTRAINTS
54 Sec. 101. The Limitation on the Use of the Chokehold Act of 1985, effective January 25,
55 1986 (D.C. Law 6-77; D.C. Official Code 5-125.01 et seq.), is amended as follows:
56 (a) Section 2 (D.C. Official Code 5-125.01) is amended to read as follows:
57 Sec. 2. The Council of the District of Columbia finds and declares that law enforcement
58 and special police officer use of neck restraints constitutes the use of lethal and excessive force.
59 This force presents an unnecessary danger to the public. On May 25, 2020, Minneapolis Police
60 Department officer Derek Chauvin murdered George Floyd by applying a neck restraint to Floyd
61 with his knee for 8 minutes and 46 seconds. Hundreds of thousands, if not millions, of people in
62 cities and states across the world, including in the District, have taken to the streets to peacefully
63 protest injustice, racism, and police brutality against Black people and other people of color. Police
64 brutality is abhorrent and does not reflect the Districts values. It is the intent of the Council in the
2
65 enactment of this act to unequivocally ban the use of neck restraints by law enforcement and
66 special police officers..
67 (b) Section 3 (D.C. Official Code 5-125.02) is amended as follows:
68 (1) Paragraph (1) is repealed.
69 (2) Paragraph (2) is repealed.
70 (3) A new paragraph (3) is added to read as follows:
71 (3) Neck restraint means the use of any body part or object to attempt to control
72 or disable a person by applying pressure against the persons neck, including the trachea or carotid
73 artery, with the purpose, intent, or effect of controlling or restricting the persons movement or
74 restricting their blood flow or breathing..
75 (c) Section 4 (D.C. Official Code 5-125.03) is amended to read as follows:
76 Sec. 4. Unlawful use of neck restraints by law enforcement officers and special police
77 officers.
78 (a) It shall be unlawful for:
79 (1) Any law enforcement officer or special police officer (officer) to apply a
80 neck restraint; and
81 (2) Any officer who applies a neck restraint and any officer who is able to observe
82 another officers application of a neck restraint to fail to:
83 (A) Immediately render, or cause to be rendered, first aid on the person on
84 whom the neck restraint was applied; or
85 (B) Immediately request emergency medical services for the person on
86 whom the neck restraint was applied.
3
 87 (b) Any officer who violates the provisions of subsection (a) of this section shall be fined
88 no more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment
89 Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code 22-3571.01), or
90 incarcerated for no more than 10 years, or both..
91 Sec. 102. Section 3 of the Federal Law Enforcement Officer Cooperation Act of 1999,
92 effective May 9, 2000 (D.C. Law 13-100; D.C. Official Code 5-302), is amended by striking the
93 phrase trachea and carotid artery holds and inserting the phrase neck restraints in its place.
94 SUBTITLE B. IMPROVING ACCESS TO BODY-WORN CAMERA VIDEO
95 RECORDINGS
96 Sec. 103. Section 3004 of the Body-Worn Camera Regulation and Reporting Requirements
97 Act of 2015, effective October 22, 2015 (D.C. Law 21-36; D.C. Official Code 5-116.33), is
98 amended as follows:
99 (a) Subsection (a)(3) is amended by striking the phrase interactions; and inserting the
100 phrase interactions, and the results of those internal investigations, including any discipline
101 imposed; in its place.
102 (b) New subsections (c), (d), and (e) are added to read as follows:
103 (c)(1) Notwithstanding any other law:
104 (A) Within 5 business days after a request from the Chairperson of the
105 Council Committee with jurisdiction over the Metropolitan Police Department, the Metropolitan
106 Police Department shall provide unredacted copies of the requested body-worn camera recordings
107 to the Chairperson. Such body-worn camera recordings shall not be publicly disclosed by the
108 Chairperson or the Council;
109 (B) The Mayor:
4
110 (i) Shall, except as provided in paragraph (2) of this subsection:
111 (I) Within 5 business days after an officer-involved death
112 or the serious use of force, publicly release the names and body-worn camera recordings of all
113 officers who committed the officer-involved death or serious use of force; and
114 (II) By August 15, 2020, publicly release the names and
115 body-worn camera recordings of all officers who have committed an officer-involved death since
116 the Body-Worn Camera Program was launched on October 1, 2014; and
117 (ii) May, on a case-by-case basis in matters of significant public
118 interest and after consultation with the Chief of Police, the United States Attorney's Office for the
119 District of Columbia, and the Office of the Attorney General, publicly release any other body-
120 worn camera recordings that may not otherwise be releasable pursuant to a FOIA request.
121 (2)(A) The Mayor shall not release a body-worn camera recording pursuant to
122 paragraph (1)(B)(i) of this subsection if the following persons inform the Mayor, orally or in
123 writing, that they do not consent to its release:
124 (i) For a body-worn camera recording of an officer-involved death,
125 the decedents next of kin; and
126 (ii) For a body-worn camera recording of a serious use of force, the
127 individual against whom the serious use of force was used, or if the individual is a minor or unable
128 to consent, the individuals next of kin.
129 (B)(i) In the event of a disagreement between the persons who must
130 consent to the release of a body-worn camera recording pursuant to subparagraph (A) of this
131 paragraph, the Mayor shall seek a resolution in the Superior Court of the District of Columbia.
5
132 (ii) The Superior Court of the District of Columbia shall order the
133 release of the body-worn camera recording if it finds that the release is in the interests of justice.
134 (d) Before publicly releasing a body-worn camera recording of an officer-involved death,
135 the Metropolitan Police Department shall:
136 (1) Consult with an organization with expertise in trauma and grief on best
137 practices for creating an opportunity for the decedents next of kin to view the body-worn camera
138 recording in advance of its release;
139 (2) Notify the decedents next of kin of its impending release, including the date
140 when it will be released; and
141 (3) Offer the decedents next of kin the opportunity to view the body-worn camera
142 recording privately in a non-law enforcement setting in advance of its release, and if the next of
143 kin wish to so view the body-worn camera recording, facilitate its viewing.
144 (e) For the purposes of this subsection, the term:
145 (1) FOIA means Title II of the District of Columbia Administrative Procedure
146 Act, effective March 25, 1977 (D.C. Law 1-96; D.C. Official Code 2-531 et seq.);
147 (2) Next of kin shall mean the priority for next of kin as provided in
148 Metropolitan Police Department General Order 401.08, or its successor directive; and
149 (3) Serious use of force shall have the same meaning as that term is defined in
150 MPD General Order 901.07, or its successor directive..
151 Sec. 104. Chapter 39 of Title 24 of the District of Columbia Municipal Regulations is
152 amended as follows:
153 (a) Section 3900 is amended as follows:
154 (1) Subsection 3900.9 is amended to read as follows:
6
155 3900.9. Members may not review their BWC recordings or BWC recordings that have
156 been shared with them to assist in initial report writing..
157 (2) Subsection 3900.10 is amended to read as follows:
158 3900.10. (a) Notwithstanding any other law, the Mayor:
159 (1) Shall, except as provided in paragraph (b) of this subsection:
160 (A) Within 5 business days after an officer-involved death or the
161 serious use of force, publicly release the names and BWC recordings of all officers who committed
162 the officer-involved death or serious use of force; and
163 (B) By August 15, 2020, publicly release the names and BWC
164 recordings of all officers who have committed an officer-involved death since the BWC Program
165 was launched on October 1, 2014; and
166 (2) May, on a case-by-case basis in matters of significant public interest
167 and after consultation with the Chief of Police, the United States Attorney's Office for the District
168 of Columbia, and the Office of the Attorney General, publicly release any other BWC recordings
169 that may not otherwise be releasable pursuant to a FOIA request.
170 (b)(1) The Mayor shall not release a BWC recording pursuant to paragraph (a)(1)
171 of this subsection if the following persons inform the Mayor, orally or in writing, that they do not
172 consent to its release:
173 (A) For a BWC recording of an officer-involved death, the
174 decedents next of kin; and
175 (B) For a BWC recording of a serious use of force, the individual
176 against whom the serious use of force was used, or if the individual is a minor or is unable to
177 consent, the individuals next of kin.
7
178 (2)(A) In the event of a disagreement between the persons who must
179 consent to the release of a BWC recording pursuant to subparagraph (1) of this paragraph, the
180 Mayor shall seek a resolution in the Superior Court of the District of Columbia.
181 (B) The Superior Court of the District of Columbia shall order the
182 release of the BWC recording if it finds that the release is in the interests of justice.
183 (c) Before publicly releasing a BWC recording of an officer-involved death, the
184 Metropolitan Police Department shall:
185 (1) Consult with an organization with expertise in trauma and grief on best
186 practices for creating an opportunity for the decedents next of kin to view the BWC recording in
187 advance of its release;
188 (2) Notify the decedents next of kin of its impending release, including
189 the date when it will be released; and
190 (3) Offer the decedents next of kin the opportunity to view the BWC
191 recording privately in a non-law enforcement setting in advance of its release, and if the next of
192 kin wish to so view the BWC recording, facilitate its viewing..
193 (b) Section 3901.2 is amended by adding a new paragraph (a-1) to read as follows:
194 (a-1) Recordings related to a request from or investigation by the Chairperson of
195 the Council Committee with jurisdiction over the Department;.
196 (c) Section 3902.4 is amended to read as follows:
197 3902.4. Notwithstanding any other law, within 5 business days after a request from the
198 Chairperson of the Council Committee with jurisdiction over the Department, the Department shall
199 provide unredacted copies of the requested BWC recordings to the Chairperson. Such BWC
200 recordings shall not be publicly disclosed by the Chairperson or the Council..
8
201 (d) Section 3999.1 is amended by inserting definitions between the definitions of
202 metadata and subject to read as follows:
203 Next of kin shall mean the priority for next of kin as provided in MPD General Order
204 401.08, or its successor directive.
205 Serious use of force shall have the same meaning as that term is defined in MPD General
206 Order 901.07, or its successor directive..
207 SUBTITLE C. OFFICE OF POLICE COMPLAINTS REFORMS
208 Sec. 105. The Office of Citizen Complaint Review Establishment Act of 1998, effective
209 March 26, 1999 (D.C. Law 12-208; D.C. Official Code 5-1101 et seq.), is amended as follows:
210 (a) Section 5(a) (D.C. Official Code 5-1104(a)) is amended by striking the phrase There
211 is established a Police Complaints Board (Board). The Board shall be composed of 5 members,
212 one of whom shall be a member of the MPD, and 4 of whom shall have no current affiliation with
213 any law enforcement agency. and inserting the phrase There is established a Police Complaints
214 Board (Board). The Board shall be composed of 9 members, which shall include one member
215 from each Ward and one at-large member, none of whom, after the expiration of the term of the
216 currently serving member of the MPD, shall be affiliated with any law enforcement agency. in its
217 place.
218 (b) Section 8 (D.C. Official Code 5-1107) is amended as follows:
219 (1) A new subsection (g-1) is added to read as follows:
220 (g-1)(1) If the Executive Director discovers evidence of abuse or misuse of police powers
221 that was not alleged by the complainant in the complaint, the Executive Director may:
222 (A) Initiate the Executive Directors own complaint against the subject
223 police officer; and
9
224 (B) Take any of the actions described in subsection (g)(2) through (6) of
225 this section.
226 (2) The authority granted pursuant to paragraph (1) of this subsection shall include
227 circumstances in which the subject police officer failed to:
228 (A) Intervene in or subsequently report any use of force incident in which
229 the subject police officer observed another law enforcement officer, including an MPD officer,
230 utilizing excessive force or engaging in any type of misconduct, pursuant to MPD General Order
231 901.07, its successor directive, or a similar local or federal directive; or
232 (B) Immediately report to their supervisor any violations of the rules and
233 regulations of the MPD committed by any other MPD officer, and each instance of their use of
234 force or a use of force committed by another MPD officer, pursuant to MPD General Order 201.26,
235 or any successor directive..
236 (2) Subsection (h) is amended by striking the phrase subsection (g) and inserting
237 the phrase subsection (g) or (g-1) in its place.
238 SUBTITLE D. USE OF FORCE R