1 _________________________________
2 Councilmember Trayon White, Sr.
3
4
5
6 A BILL
7 ________
8
9 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
10 _________________________
11
12 To prohibit the Metropolitan Police Department from conducting searches of unoccupied
13 vehicles unless a superior officer is present, all officers present at the search have their
14 body cameras on and functioning, the officer requesting the search provides a verbally
15 stated reason to the superior officer to conduct the search, and the superior officer present
16 at the search is viewed giving verbal authorization to conduct the search, to require a
17 report by an officer present at the search to file the results of the search and that the
18 owner of the vehicle be notified as to why the owners vehicle was searched, to provide
19 that the owner of the vehicle has the right to sue the individual officers not adhering to
20 the requirements of this act in their individual capacities.
21
22
23 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
24 act may be cited as the Metropolitan Police Department Requirement of Superior Officer Present
25 at Unoccupied Vehicle Search No Jump-Out Searches Act of 2021.
26 Sec. 2. Definitions.
27 For the purposes of this act, the term:
28 (1) Superior Officer means a Master Patrol Officer, Sergeant, Lieutenant, or
29 higher-ranking Officer that has supervision over the requesting Metropolitan Police Department
30 (MPD) officer.
31 Sec. 3. Prohibited pursuits.
32 (a) An MPD officer is prohibited from conducting searches of unoccupied vehicles
33 unless:
34 (1) A superior officer is present;
35 (2) All officers present in the search have their body cameras turned on and
36 functional;
37 (3) The officer requesting the search provides a reason verbally for conducting the
38 search and the reasons is recorded by the body camera; and
39 (4) The superior officer present at the search is viewed on the body cameras
40 giving verbal authorization for the search.
41 (b) A report by a MPD officer present at the search must be filed with the results of the
42 search;
43 (c) The owner of the vehicle shall be notified of the underlying reason for the search of
44 their vehicle; and
45 (d) The owner of the vehicle shall have the right to sue the individual officers not
46 adhering to this law in their individual capacity.
47 Sec. 4. Fiscal impact statement.
48 The Council adopts the fiscal impact statement in the committee report as the fiscal
49 impact statement required by section 4a of the General Legislative Procedures Act of 1975,
50 approved October 16, 2006 (120 Stat. 2038; D. C. Official Code 1-301.47a).
51 Sec. 5. Effective date.
52 This act shall take effect following approval by the Mayor (or in the event of veto by the
53 Mayor, action by the Council to override the veto), a 30-day period of congressional review as
54 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
55 24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(1)), and publication in the district of
56 Columbia Register.