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2 A BILL
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4 25-1067
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6 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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8 ______________
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11 To amend, on a temporary basis, the Office of Citizen Complaint Review Establishment Act of
12 1998 to expand the membership of the Police Complaints Board, and to allow the Office
13 of Police Complaints’ Executive Director to initiate their own complaint if they discover
14 evidence of abuse or misuse of police powers that was not alleged in the original complaint,
15 including the failure to intervene or report to a supervisor when another officer used
16 excessive force, engaged in other forms of misconduct, or violated a rule or regulation; and
17 to amend Chapter 3 of Title 14 of the District of Columbia Official Code to clarify that
18 certain provisions only apply to a victim who is under the age of 18.
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20 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
21 act may be cited as the “Comprehensive Policing and Justice Reform Technical Second Temporary
22 Amendment Act of 2024”.
23 Sec. 2. The Office of Citizen Complaint Review Establishment Act of 1998,
24 effective March 26, 1999 (D.C. Law 12-208; D.C. Official Code § 5-1101 et seq.), is amended as
25 follows:
26 (a) Section 4 (D.C. Official Code § 5-1103) is amended by adding a new paragraph (3B)
27 to read as follows:
28 “(3B) “MPD” means the Metropolitan Police Department.”.
29 (b) Section 5(a) (D.C. Official Code § 5-1104(a)) is amended by striking the phrase
30 “There is established a Police Complaints Board (“Board”). The Board shall be composed of 5
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31 members, one of whom shall be a member of the MPD, and 4 of whom shall have no current
32 affiliation with any law enforcement agency.” and inserting the phrase “There is established a
33 Police Complaints Board. The Board shall be composed of 9 members, which shall include one
34 member from each Ward and one at-large member, none of whom, after the expiration of the
35 term of the currently serving member of the MPD, shall be affiliated with any law enforcement
36 agency.” in its place.
37 (c) Section 8 (D.C. Official Code § 5-1107) is amended as follows:
38 (1) A new subsection (g-1) is added to read as follows:
39 “(g-1)(1) If the Executive Director discovers evidence of abuse or misuse of police
40 powers that was not alleged by the complainant in the complaint, the Executive Director may:
41 “(A) Initiate the Executive Director’s own complaint against the subject
42 police officer; and
43 “(B) Take any of the actions described in subsection (g)(2) through (6) of
44 this section.
45 “(2) The authority granted pursuant to paragraph (1) of this subsection shall
46 include circumstances in which the subject police officer failed to:
47 “(A) Intervene in or subsequently report any use of force incident in which
48 the subject police officer observed another law enforcement officer, including an MPD officer,
49 utilizing excessive force or engaging in any type of misconduct, pursuant to MPD General Order
50 901.07, its successor directive, or a similar local or federal directive; or
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51 “(B) Immediately report to their supervisor any violations of the rules and
52 regulations of the MPD committed by any other MPD officer, and each instance of their use of
53 force or a use of force committed by another MPD officer, pursuant to MPD General Order
54 201.26, or any successor directive.”.
55 (2) Subsection (h) is amended by striking the phrase “subsection (g)” and
56 inserting the phrase “subsection (g) or (g-1)” in its place.
57 Sec. 3. Chapter 3 of Title 14 of the District of Columbia Official Code is amended as
58 follows: (a) Section 14-310(b)(4) is amended as follows:
59 (1) Subparagraph (B) is amended by striking the phrase “whom the victim has”
60 and inserting the phrase “whom a victim under 18 years of age has” in its place.
61 (2) Subparagraph (C) is amended by striking the phrase “the victim” and inserting
62 the phrase “a victim who is under 18 years of age” in its place.
63 (b) Section 14-311(b)(4) is amended as follows:
64 (1) Subparagraph (B) is amended by striking the phrase “with whom the victim
65 has” and inserting the phrase “with whom a victim under 18 years of age has” in its place.
66 (2) Subparagraph (C) is amended by striking the phrase “the victim” and inserting
67 the phrase “a victim who is under 18 years of age” in its place.
68 (c) Section 14-312(b)(4) is amended as follows:
69 (1) Subparagraph (B) is amended by striking the phrase “with whom the victim
70 has” and inserting the phrase “with whom a sexual assault victim under 18 years of age has” in
71 its place.
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72 (2) Subparagraph (C) is amended by striking the phrase “the sexual assault
73 victim” and inserting the phrase “a sexual assault victim who is under 18 years of age” in its
74 place.
75 Sec. 4. Applicability.
76 Section 2 shall expire on the applicability date of section 105 of the Comprehensive
77 Policing and Justice Reform Amendment Act of 2022, effective April 21, 2023 (D.C. Law 24-
78 345; 70 DCR 953).
79 Sec. 5. Fiscal impact statement.
80 The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
81 statement required by section 4a of the General Legislative Procedures Act of 1975, approved
82 October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
83 Sec. 6. Effective date.
84 (a) This act shall take effect following approval by the Mayor (or in the event of veto by
85 the Mayor, action by the Council to override the veto), and a 30-day period of congressional
86 review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved
87 December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).
88 (b) This act shall expire after 225 days of its having taken effect.
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