Bill Summary – FastDemocracy

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                                             AN ACT

                                        ______________

          IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

                             _______________________________

To provide, on an emergency basis, due to congressional review, for public safety enhancements

       in the District, and for other purposes.

       BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

act may be cited as the “Secure DC Omnibus Congressional Review Emergency Amendment

Act of 2024”.

        Sec. 2. The Office of Unified Communications Establishment Act of 2004, effective

December 7, 2004 (D.C. Law 15-205; D.C. Official Code § 1-327.51 et seq.), is amended by

adding new sections 3207b and 3207c to read as follows:

        “Sec. 3207b. Call data collection and posting.

        “(a) On a monthly basis, the Office shall collect and publicly post on the Office’s website

the number of calls eligible to be diverted and the number of calls actually diverted to:

                “(1) The Department of Behavioral Health Access Help Line;

                “(2) The District Department of Transportation, for motor vehicle collisions that

do not result in an injury;

                “(3) The Department of Public Works (“DPW”), for parking enforcement; and

                “(4) The Fire and Emergency Medical Services Department (“FEMS”) Nurse

Triage Line.

        “(b) On a monthly basis, the Office shall collect and publicly post the following

information on the Office’s website:

                “(1) Descriptions of each call-handling issue, including mistaken addresses,

duplicate responses, or any other error or omission reported by the Council, other agencies, the

news media, OUC staff, or other sources, as well as the cause of the issue, whether the issue was

sustained, and the corrective action taken by the Office;

                “(2) The number of shifts operated under minimum staffing levels, for call-takers,

dispatchers, and supervisors, including the difference between the minimum staffing level for

each role required per shift and the actual number of staff members for each role on a shift;

                “(3) Average and maximum call-to-answer times;

                “(4) Average and maximum answer-to-dispatch times;

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                 “(5) Percent of 911 calls in which call to queue is 90 seconds or less;

                 “(6) The total number of calls;

                 “(7) The number of calls in the queue for over 15 seconds;

                 “(8) The number of abandoned calls, defined as any call that is disconnected

before it is answered;

                 “(9) The number and type of 911 misuse calls;

                 “(10) The number of text-to-911 messages received;

                 “(11) Average and maximum queue-to-dispatch and dispatch-to-arrival times for

Priority 1 calls to Fire and Emergency Services (“FEMS”) and Priority 1 calls to the

Metropolitan Police Department (“MPD”);

                 “(12) The percentage of Priority 1 calls to FEMS and Priority 1 calls to MPD that

move from queue to dispatch in 60 seconds or less;

                 “(13) Average and maximum time of call to arrival on the scene times for Priority

1 calls to FEMS and MPD; and

                  “(14) The percentage of emergency medical services calls that lead to dispatch of

advanced life support.

         “(c) All data posted according to this section shall be archived and publicly posted for at

least 5 years from the date of publication.

         “Sec. 3207c. 311 services.

         “(a) No later than 180 days after the applicability date of the Secure DC Omnibus

Emergency Amendment Act of 2024, effective March 11, 2024 (D.C. Act 25-410; 71 DCR

2693), the Office shall permit persons to submit requests for the following services via the

District’s 311 system at all times:

                 “(1) Maintenance of porous flexible pavement sidewalks by the District

Department of Transportation (by selecting “porous flexible pavement” as the material within the

“Sidewalk Repair” service group);

                 “(2) Leaf collection by the Department of Public Works (“DPW”); except, that

the Office shall not be required to permit persons to submit requests for this service during

seasons in which DPW does not offer this service; and

                 “(3) Graffiti removal by DPW; except, that the Office shall not be required to

permit persons to submit requests for this service during seasons in which DPW does not offer

this service.

         “(b) No later than 180 days after the applicability date of the Secure DC Omnibus

Emergency Amendment Act of 2024, effective March 11, 2024 (D.C. Act 25-410; 71 DCR

2693), the Office shall facilitate referrals and access to the relevant servicing entities for the

following request-types, such as through the posting of website links or contact information, and

the Office may include a disclaimer that the referral does not commit the Office to back-end

work or quality assurance for completion of the service request:

                 “(1) Maintenance of electrical wires;

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                “(2) Maintenance of utility poles;

                “(3) Maintenance of fire hydrants; and

                “(4) Alcoholic Beverage and Cannabis Administration response to issues relating

to alcohol sales, including:

                        “(A) After-hours sales of alcohol;

                        “(B) Breach of a settlement agreement;

                        “(C) No Alcoholic Beverage Control (“ABC”) manager on duty;

                        “(D) Excessive noise;

                        “(E) Operating without an ABC license;

                        “(F) Overcrowding;

                        “(G) Sale of alcohol to intoxicated persons;

                        “(H) Sale of alcohol to minors; and

                        “(I) Trash.

        “(c) No later than 180 days after the applicability date of the Secure DC Omnibus

Emergency Amendment Act of 2024, effective March 11, 2024 (D.C. Act 25-410; 71 DCR

2693), the Office shall direct 311 system users to the National Park Service website when a user

provides a property location that is under National Park Service jurisdiction.”.

         Sec. 3. The Department of Youth Rehabilitation Services Establishment Act of 2004,

effective April 12, 2005 (D.C. Law 15-335; D.C. Official Code § 2-1515.01 et seq.), is amended

as follows:

         (a) Section 101 (D.C. Official Code § 2-1515.01) is amended as follows:

                 (1) New paragraphs (9A) and (9B) are added to read as follows:

                 “(9A) “Hardware secure facility” means a congregate care facility with

construction features and a staffing model designed to physically restrict the movements and

activities of youth who are detained pending a final disposition of a petition.

                 “(9B) “Law enforcement officer” means a sworn member of the Metropolitan

Police Department or any other law enforcement agency operating and authorized to make

arrests in the District of Columbia.”.

                 (2) A new paragraph (11A) is added to read as follows:

                 “(11A) “Staff secure facility” means a foster home or congregate care facility in

the community in which the movements and activities of individual youth residents may be

restricted or subject to control through the use of a staff supervision model as well as through

reasonable rules restricting entrance to and egress from the facility. A staff secure facility does

not contain construction features designed to physically restrict the movements and activities of

youth who are in its custody.”.

         (b) Section 106 (D.C. Official Code § 2-1515.06) is amended as follows:

                 (1) Subsection (a) is amended as follows:

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                        (A) Paragraph (1) is amended by striking the phrase “youth in the

custody” and inserting the phrase “youth who are currently in or were previously in the custody”

in its place.

                        (B) Paragraph (5) is amended by striking the phrase “youth in the custody”

and inserting the phrase “youth who are currently in or were previously in the custody” in its

place.

                 (2) Subsection (c) is amended to read as follows:

         “(c) Notwithstanding the confidentiality requirements of this section, or any other

provision of law, the Mayor, or the Mayor’s designee, any member of the Council, the Office of

the Attorney General, the District of Columbia Auditor, and the District of Columbia Inspector

General shall be permitted to obtain the records pertaining to youth who are currently in or were

previously in the custody of the Department regardless of the source of the information contained

in those records, when necessary for the discharge of their duties; provided, that the Department

data is maintained, transmitted, and stored in a manner to protect the security and privacy of the

youth identified and to prevent the disclosure of any of the data or information to any individual,

entity, or agency not designated pursuant to subsection (b) of this section.”.

                 (3) Subsection (d) is amended to read as follows:

         “(d) Notwithstanding the confidentiality requirements of this section, or any other

provision of law, a law enforcement officer may obtain records pertaining to youth who are

currently or were previously in the custody of the Department, other than juvenile case records,

as that term is defined in D.C. Official Code § 16-2331(a), and juvenile social records, as that

term is defined in D.C. Official Code § 16-2332(a), for the purpose of investigating a crime

allegedly involving a youth in the custody of the Department. The confidentiality of any

information disclosed to law enforcement officers pursuant to this section shall be maintained

pursuant to D.C. Official Code § 16-2333.”.

                 (4) New subsections (e) through (h) are added to read as follows:

         “(e)(1) The Department shall inform the Attorney General, and the committed youth’s

counsel, in advance:

                        “(A) As soon as is practicable, each time a committed youth is released

from a hardware or a staff secure facility, regardless of the length of release; and

                        “(B) Within 24 hours, each time a committed youth:

                                “(i) Escapes from a hardware secure facility or a staff secure

facility; or

                                “(ii) Absconds from a community placement.

                 “(2) This subsection shall not apply to any youth who is committed only for a

status offense.

          “(f) Notwithstanding subsection (a)(5) of this section, unless the release of the

information is otherwise prohibited by law or the information relates to medical, dental, or

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mental health appointments, the Attorney General, at the Attorney General’s discretion, may

disclose information received from the Department pursuant to subsection (e) of this section to:

                “(1) Any victim, any eyewitness, or any duly authorized attorney of any victim or

witness;

                “(2) Any immediate family member or custodian of any victim or eyewitness, if

the victim or eyewitness is a child or if the victim is deceased or incapacitated, or any duly

authorized attorney of such immediate family member or custodian; or

                “(3) The parent or guardian of the committed youth.

        “(g) Neither the Department’s failure to timely inform the Attorney General or committed

youth’s counsel pursuant to subsection (e)(1) of this section nor the Attorney General’s decision

to disclose information pursuant to subsection (f) of this section shall serve as the basis for

delaying the release of a committed youth from a hardware secure facility or staff secure facility.

        “(h) No person shall disclose, inspect, or use records in violation of this section. A

violation of this section shall constitute a violation of D.C. Official Code § 16-2336.”.

        Sec. 4. The Advisory Commission on Sentencing Establishment Act of 1998, effective

October 16, 1998 (D.C. Law 12-167; D.C. Official Code § 3-101 et seq.), is amended as follows:

        (a) Section 3(a) (D.C. Official Code § 3-102(a)) is amended as follows:

                (1) The lead-in language is amended by striking the phrase “12 voting members”

and inserting the phrase “15 voting members” in its place.

                (2) Paragraph (1) is amended as follows:

                        (A) Subparagraph (G) is amended to read as follows:

                        “(G) Two members of the District of Columbia Bar, one who has

experience with criminal defense in the District of Columbia, and one who has experience with

criminal prosecution in the District of Columbia, appointed by the Chief Judge of the Superior

Court in consultation with the President of the District of Columbia Bar;”.

                        (B) Subparagraph (H) is amended by striking the phrase “; and” and

inserting a semicolon in its place.

                        (C) Subparagraph (I) is amended to read as follows:

                        “(I) Two residents of the District of Columbia, nominated by the Mayor,

subject to confirmation by the Council;”.

                        (D) New subparagraphs (I-i) and (I-ii) are added to read as follows:

                        “(I-i) Two residents of the District of Columbia, appointed by the Council,

one of whom is a returning citizen, and one of whom has been a victim of a crime of violence

and who has a background in victim’s rights or services; and

                        “(I-ii) The Chief of the Metropolitan Police Department or the Chief’s

designee.”.

                (3) Paragraph (2) is amended as follows:

                        (A) Subparagraph (B) is repealed.

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                        (B) Subparagraph (D) is amended by striking the phrase “; and” and

inserting a semicolon in its place.

                        (C) Subparagraph (E) is amended by striking the period and inserting the

phrase “; and” in its place.

                        (D) A new subparagraph (F) is added to read as follows:

                        “(F) The Deputy Mayor for Public Safety and Justice or the Deputy

Mayor’s designee.”.

        (b) Section 4 (D.C. Official Code § 3-103) is amended as follows:

                (1) Subsection (b) is amended to read as follows:

        “(b) A majority of the voting members appointed to the Commission shall constitute a

quorum.”.

                (2) Subsection (c) is amended to read as follows:

        “(c) The Commission may act by an affirmative vote of a majority of voting members

present and voting after a quorum has been established.”.

        Sec. 5. Section 7(a)(1) of the Victims of Violent Crime Compensation Act of 1996,

effective April 9, 1997 (D.C. Law 11-243; D.C. Official Code § 4-506(a)(1)), is amended as

follows:

        (a) Subparagraph (C) is amended as follows:

                (1) Strike the word “resolution” and insert the phrase “filing or resolution” in its

place.

                (2) Strike the phrase “; or” and insert a semicolon in its place.

        (b) Subparagraph (D) is amended as follows:

                (1) Strike the word “resolution” and insert the phrase “filing or resolution” in its

place.

                (2) Strike the phrase “; and” and insert the phrase “; or” in its place.

        (c) A new subparagraph (E) is added to read as follows:

                        “(E) The filing or resolution of any other post-conviction motion in which

the claimant was a victim or secondary victim; and”.

       Sec. 6. Section 3022 of the Office of Victim Services and Justice Grants Transparency

Act of 2022, effective September 21, 2022 (D.C. Law 24-167; D.C. Official Code § 4-571.01), is

amended by adding a new subsection (c) to read as follows:

       “(c) No later than 60 days after the applicability date of the Secure DC Omnibus

Emergency Amendment Act of 2024, effective March 11, 2024 (D.C. Act 25-410; 71 DCR

2693), and annually thereafter, OVSJG shall publish information regarding the work of the

Victim Services Division, including:

               “(1) The number of victims engaged each month;

               “(2) The number of victims who accepted service each month;

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              “(3) The services recommended to the victims each month; and

              “(4) A summary of collected feedback from victims and their families on their

experiences with victim services and coordination efforts.”.

       Sec. 7. Section 386(c) of the Revised Statutes of the District of Columbia (D.C. Official

Code § 5-113.01(c)), is amended by adding a new paragraph (1B) to read as follows:

               “(1B) Quarterly, the case closure rates for:

                      “(A) Violent crimes, by offense, committed with or without the use of a

weapon; and

                      “(B) Non-fatal shootings.”.

         Sec. 8. Section 3004 of the Body-Worn Camera Regulation and Reporting Requirements

Act of 2015, effective October 22, 2015 (D.C. Law 21-36; D.C. Official Code § 5-116.33), is

amended as follows:

         (a) Subsection (e) is amended to read as follows:

         “(e)(1) For any incident involving an officer-involved death or serious use of force,

officers shall not review any body-worn camera recordings to assist in initial report writing.

                 “(2) For an incident other than those described in paragraph (1) of this subsection,

officers shall indicate, when writing any initial or subsequent reports, whether the officer viewed

body-worn camera footage prior to writing the report and specify what body-worn camera

footage the officer viewed.”.

         (b) Subsection (f) is amended to read as follows:

         “(f) When releasing body-worn camera recordings, the likenesses of any local, county,

state, or federal government law enforcement officers acting in their professional capacities,

other than those acting undercover, shall not be redacted or otherwise obscured.”.

         (c) Subsection (g) is amended as follows:

                 (1) A new paragraph (2A) is added to read as follows:

                 “(2A) “Serious bodily injury” means extreme physical pain, illness, or impairment

of physical condition including physical injury that involves a substantial risk of death,

protracted and obvious disfigurement, protracted loss or impairment of the function of a bodily

member or organ, or protracted loss of consciousness.”.

                 (2) Paragraph (3) is amended as follows:

                         (A) Subparagraph (A) is amended to read as follows:

                         “(A) Firearm discharges by a Metropolitan Police Department officer,

with the exception of a negligent discharge that does not otherwise put members of the public at

risk of injury or death, or a range or training incident;”.

                         (B) Subparagraph (C)(ii) is amended by striking the phrase “a loss of

consciousness,” and inserting the phrase “a protracted loss of consciousness,” in its place.