ENROLLED ORIGINAL
AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To provide, on an emergency basis, for comprehensive policing and justice reform for District
residents and visitors, and for other purposes.
TABLE OF CONTENTS
TITLE I. IMPROVING POLICE ACCOUNTABILITY AND TRANSPARENCY ............. 2
SUBTITLE A. PROHIBITING THE USE OF NECK RESTRAINTS ............................... 2
SUBTITLE B. IMPROVING ACCESS TO BODY-WORN CAMERA VIDEO
RECORDINGS ......................................................................................................................... 3
SUBTITLE C. OFFICE OF POLICE COMPLAINTS REFORMS ................................... 6
SUBTITLE D. USE OF FORCE REVIEW BOARD MEMBERSHIP EXPANSION ....... 7
SUBTITLE E. ANTI-MASK LAW REPEAL ........................................................................ 8
SUBTITLE F. LIMITATIONS ON CONSENT SEARCHES.............................................. 8
SUBTITLE G. MANDATORY CONTINUING EDUCATION EXPANSION;
RECONSTITUTING THE POLICE OFFICERS STANDARDS AND TRAINING
BOARD ...................................................................................................................................... 9
SUBTITLE H. IDENTIFICATION OF MPD OFFICERS DURING FIRST
AMENDMENT ASSEMBLIES AS LOCAL LAW ENFORCEMENT ............................ 11
SUBTITLE I. PRESERVING THE RIGHT TO JURY TRIAL ........................................ 11
SUBTITLE J. REPEAL OF FAILURE TO ARREST CRIME ......................................... 11
SUBTITLE K. AMENDING MINIMUM STANDARDS FOR POLICE OFFICERS .... 11
SUBTITLE L. POLICE ACCOUNTABILITY AND COLLECTIVE BARGAINING
AGREEMENTS ...................................................................................................................... 12
SUBTITLE M. OFFICER DISCIPLINE REFORMS ........................................................ 12
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SUBTITLE N. USE OF FORCE REFORMS ...................................................................... 13
SUBTITLE O. RESTRICTIONS ON THE PURCHASE AND USE OF MILITARY
WEAPONRY ........................................................................................................................... 14
SUBTITLE P. LIMITATIONS ON THE USE OF INTERNATIONALLY BANNED
CHEMICAL WEAPONS, RIOT GEAR, AND LESS-LETHAL PROJECTILES .......... 14
SUBTITLE Q. POLICE REFORM COMMISSION .................................................................................15
TITLE II. BUILDING SAFE AND JUST COMMUNITIES ................................................. 16
SUBTITLE A. RESTORE THE VOTE ................................................................................ 16
TITLE III. FISCAL IMPACT STATEMENT; EFFECTIVE DATE ................................... 17
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the Comprehensive Policing and Justice Reform Emergency Amendment Act
of 2021.
TITLE I. IMPROVING POLICE ACCOUNTABILITY AND TRANSPARENCY
SUBTITLE A. PROHIBITING THE USE OF NECK RESTRAINTS
Sec. 101. The Limitation on the Use of the Chokehold Act of 1985, effective January 25,
1986 (D.C. Law 6-77; D.C. Official Code 5-125.01 et seq.), is amended as follows:
(a) Section 2 (D.C. Official Code 5-125.01) is amended to read as follows:
Sec. 2. The Council of the District of Columbia finds and declares that law enforcement
and special police officer use of neck restraints constitutes the use of lethal and excessive force.
This force presents an unnecessary danger to the public. On May 25, 2020, Minneapolis Police
Department officer Derek Chauvin murdered George Floyd by applying a neck restraint to Floyd
with his knee for 8 minutes and 46 seconds. Hundreds of thousands, if not millions, of people in
cities and states across the world, including in the District, have taken to the streets to peacefully
protest injustice, racism, and police brutality against Black people and other people of color. Police
brutality is abhorrent and does not reflect the Districts values. It is the intent of the Council in the
enactment of this act to unequivocally ban the use of neck restraints by law enforcement and
special police officers..
(b) Section 3 (D.C. Official Code 5-125.02) is amended as follows:
(1) Paragraph (1) is repealed.
(2) Paragraph (2) is repealed.
(3) A new paragraph (3) is added to read as follows:
(3) Neck restraint means the use of any body part or object to attempt to control
or disable a person by applying pressure against the persons neck, including the trachea or carotid
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artery, with the purpose, intent, or effect of controlling or restricting the persons movement or
restricting their blood flow or breathing..
(c) Section 4 (D.C. Official Code 5-125.03) is amended to read as follows:
Sec. 4. Unlawful use of neck restraints by law enforcement officers and special police
officers.
(a) It shall be unlawful for:
(1) Any law enforcement officer or special police officer (officer) to apply a
neck restraint; and
(2) Any officer who applies a neck restraint and any officer who is able to observe
another officers application of a neck restraint to fail to:
(A) Immediately render, or cause to be rendered, first aid on the person on
whom the neck restraint was applied; or
(B) Immediately request emergency medical services for the person on
whom the neck restraint was applied.
(b) Any officer who violates the provisions of subsection (a) of this section shall be fined
no more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment
Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code 22-3571.01), or
incarcerated for no more than 10 years, or both..
Sec. 102. Section 3 of the Federal Law Enforcement Officer Cooperation Act of 1999,
effective May 9, 2000 (D.C. Law 13-100; D.C. Official Code 5-302), is amended by striking the
phrase trachea and carotid artery holds and inserting the phrase neck restraints in its place.
SUBTITLE B. IMPROVING ACCESS TO BODY-WORN CAMERA VIDEO
RECORDINGS
Sec. 103. 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 (a)(3) is amended by striking the phrase interactions; and inserting the
phrase interactions, and the results of those internal investigations, including any discipline
imposed; in its place.
(b) New subsections (c), (d), and (e) are added to read as follows:
(c)(1) Notwithstanding any other law:
(A) Within 5 business days after a request from the Chairperson of the
Council Committee with jurisdiction over the Metropolitan Police Department, the Metropolitan
Police Department shall provide unredacted copies of the requested body-worn camera recordings
to the Chairperson. Such body-worn camera recordings shall not be publicly disclosed by the
Chairperson or the Council; and
(B) The Mayor:
(i) Shall, except as provided in paragraph (2) of this subsection:
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(I) Within 5 business days after an officer-involved death
or the serious use of force, publicly release the names and body-worn camera recordings of all
officers who committed the officer-involved death or serious use of force; and
(II) By August 15, 2020, publicly release the names and
body-worn camera recordings of all officers who have committed an officer-involved death since
the Body-Worn Camera Program was launched on October 1, 2014; and
(ii) May, on a case-by-case basis in matters of significant public
interest and after consultation with the Chief of Police, the United States Attorney's Office for the
District of Columbia, and the Office of the Attorney General, publicly release any other body-
worn camera recordings that may not otherwise be releasable pursuant to a FOIA request.
(2)(A) The Mayor shall not release a body-worn camera recording pursuant to
paragraph (1)(B)(i) of this subsection if the following persons inform the Mayor, orally or in
writing, that they do not consent to its release:
(i) For a body-worn camera recording of an officer-involved death,
the decedents next of kin; and
(ii) For a body-worn camera recording of a serious use of force, the
individual against whom the serious use of force was used, or if the individual is a minor or unable
to consent, the individuals next of kin.
(B)(i) In the event of a disagreement between the persons who must
consent to the release of a body-worn camera recording pursuant to subparagraph (A) of this
paragraph, the Mayor shall seek a resolution in the Superior Court of the District of Columbia.
(ii) The Superior Court of the District of Columbia shall order the
release of the body-worn camera recording if it finds that the release is in the interests of justice.
(d) Before publicly releasing a body-worn camera recording of an officer-involved death,
the Metropolitan Police Department shall:
(1) Consult with an organization with expertise in trauma and grief on best
practices for creating an opportunity for the decedents next of kin to view the body-worn camera
recording in advance of its release;
(2) Notify the decedents next of kin of its impending release, including the date
when it will be released; and
(3) Offer the decedents next of kin the opportunity to view the body-worn camera
recording privately in a non-law enforcement setting in advance of its release, and if the next of
kin wish to so view the body-worn camera recording, facilitate its viewing.
(e) For the purposes of this subsection, the term:
(1) FOIA means Title II of the District of Columbia Administrative Procedure
Act, effective March 25, 1977 (D.C. Law 1-96; D.C. Official Code 2-531 et seq.);
(2) Next of kin shall mean the priority for next of kin as provided in
Metropolitan Police Department General Order 401.08, or its successor directive; and
(3) Serious use of force shall have the same meaning as that term is defined in
MPD General Order 901.07, or its successor directive..
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Sec. 104. Chapter 39 of Title 24 of the District of Columbia Municipal Regulations is
amended as follows:
(a) Section 3900 is amended as follows:
(1) Subsection 3900.9 is amended to read as follows:
3900.9. Members may not review their BWC recordings or BWC recordings that have
been shared with them to assist in initial report writing..
(2) Subsection 3900.10 is amended to read as follows:
3900.10. (a) Notwithstanding any other law, the Mayor:
(1) Shall, except as provided in paragraph (b) of this subsection:
(A) Within 5 business days after an officer-involved death or the
serious use of force, publicly release the names and BWC recordings of all officers who committed
the officer-involved death or serious use of force; and
(B) By August 15, 2020, publicly release the names and BWC
recordings of all officers who have committed an officer-involved death since the BWC Program
was launched on October 1, 2014; and
(2) May, on a case-by-case basis in matters of significant public interest
and after consultation with the Chief of Police, the United States Attorney's Office for the District
of Columbia, and the Office of the Attorney General, publicly release any other BWC recordings
that may not otherwise be releasable pursuant to a FOIA request.
(b)(1) The Mayor shall not release a BWC recording pursuant to paragraph (a)(1)
of this subsection if the following persons inform the Mayor, orally or in writing, that they do not
consent to its release:
(A) For a BWC recording of an officer-involved death, the
decedents next of kin; and
(B) For a BWC recording of a serious use of force, the individual
against whom the serious use of force was used, or if the individual is a minor or is unable to
consent, the individuals next of kin.
(2)(A) In the event of a disagreement between the persons who must
consent to the release of a BWC recording pursuant to subparagraph (1) of this paragraph, the
Mayor shall seek a resolution in the Superior Court of the District of Columbia.
(B) The Superior Court of the District of Columbia shall order the
release of the BWC recording if it finds that the release is in the interests of justice.
(c) Before publicly releasing a BWC recording of an officer-involved death, the
Metropolitan Police Department shall:
(1) Consult with an organization with expertise in trauma and grief on best
practices for creating an opportunity for the decedents next of kin to view the BWC recording in
advance of its release;
(2) Notify the decedents next of kin of its impending release, including
the date when it will be released; and
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(3) Offer the decedents next of kin the opportunity to view the BWC
recording privately in a non-law enforcement setting in advance of its release, and if the next of
kin wish to so view the BWC recording, facilitate its viewing..
(b) Section 3901.2 is amended by adding a new paragraph (a-1) to read as follows:
(a-1) Recordings related to a request from or investigation by the Chairperson of
the Council Committee with jurisdiction over the Department;.
(c) Section 3902.4 is amended to read as follows:
3902.4. Notwithstanding any other law, within 5 business days after a request from the
Chairperson of the Council Committee with jurisdiction over the Department, the Department shall
provide unredacted copies of the requested BWC recordings to the Chairperson. Such BWC
recordings shall not be publicly disclosed by the Chairperson or the Council..
(d) Section 3999.1 is amended by inserting definitions between the definitions of
metadata and subject to read as follows:
Next of kin shall mean the priority for next of kin as provided in MPD General Order
401.08, or its successor directive.
Serious use of force shall have the same meaning as that term is defined in MPD General
Order 901.07, or its successor directive..
SUBTITLE C. OFFICE OF POLICE COMPLAINTS REFORMS
Sec. 105. The Office of Citizen Complaint Review Establishment Act of 1998, effective
March 26, 1999 (D.C. Law 12-208; D.C. Official Code 5-1101 et seq.), is amended as follows:
(a) Section 5(a) (D.C. Official Code 5-1104(a)) is amended by striking the phrase There
is established a Police Complaints Board (Board). The Board shall be composed of 5 members,
one of whom shall be a member of the MPD, and 4 of whom shall have no current affiliation with
any law enforcement agency. and inserting the phrase There is established a Police Complaints
Board (Board). The Board shall be composed of 9 members, which shall include one member
from each Ward and one at-large member, none of whom, after the expiration of the term of the
currently serving member of the MPD, shall be affiliated with any law enforcement agency. in its
place.
(b) Section 8 (D.C. Official Code 5-1107) is amended as follows:
(1) A new subsection (g-1) is added to read as follows:
(g-1)(1) If the Executive Director discovers evidence of abuse or misuse of police powers
that was not alleged by the complainant in the complaint, the Executive Director may:
(A) Initiate the Executive Directors own complaint against the subject
police officer; and
(B) Take any of the actions described in subsection (g)(2) through (6) of
this section.
(2) The authority granted pursuant to paragraph (1) of this subsection shall include
circumstances in which the subject police officer failed to:
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(A) Intervene in or subsequently report any use of force incident in which
the subject police officer observed another law enforcement officer, including an MPD officer,
utilizing excessive force or engaging in any type of misconduct, pursuant to MPD General Order
901.07, its successor directive, or a similar local or federal directive; or
(B) Immediately report to their supervisor any violations of the rules and
regulations of the MPD committed by any other MPD officer, and each instance of their use of
force or a use of force committed by another MPD officer, pursuant to MPD General Order 201.26,
or any successor directive..
(2) Subsection (h) is amended by striking the phrase subsection (g) and inserting
the phrase subsection (g) or (g-1) in its place.
SUBTITLE D. USE OF FORCE REVIEW BOARD MEMBERSHIP EXPANSION
Sec. 106. Use of Force Review Board; membership.
(a) There is established a Use of Force Review Board (Board), which shall review uses
of force as set forth by the Metropolitan Police Department in its written directives.
(b) The Board shall consist of the following 13 voting members, and may also include non-
voting members at the Mayors discretion:
(1) An Assistant Chief selected by the Chief of Police, who shall serve as the
Chairperson of the Board;
(2) The Commanding Official, Special Operations Division, Homeland Security
Bureau;
(3) The Commanding Official, Criminal Investigations Division, Investigative
Services Bureau;
(4) The Commanding Official, Metropolitan Police Academy;
(5) A Commander or Inspector assigned to the Patrol Services Bureau;
(6) The Commanding Official, Recruiting Division;
(7) The Commanding Official, Court Liaison Division;
(8) Three civilian members appointed by the Mayor, pursuant to section 2(e) of the
Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. Official Code 1-
523.01(e)