206 182 246 225 241 Policemen's Association of the District of Columbia: Givens, Royce L., Retired Detective, Executive Secretary--- Stickley, Lt. Samuel W., President.. Sullivan, Inspector (Ret.) John L., Chairman Legislative Committee. Printing Industry of Washington, D.C., H. Thomas Driver, President... United States Attorney for the District of Columbia, Hon. David G. Bress. Washington Area Trucking Association, Eugene I. Kane, President.. Agnew, Wallace B., President.. Washington Building Congress, Thelma N. Dawson, Executive Secretary.. Washington, D.C. Retail Liquor Dealers Association, Inc., Hilliard Schul- MATERIAL SUBMITTED FOR THE RECORD letter ted ar. 7, 1967, to Chairman McMillan... Royal-Globe Insurance Companies, dated April 26, 1967.- Congressional Record 'dated January 10, 1967... Capitol Hill Southeast Citizens Association: Letter dated Feb. 14, 1967 to clerk.. Resolution dated November 3, 1966, on District of Columbia Omnibus Resolution and petition dated January 5, 1967, on Anti-Crime legisla- Capitol Furs, Norman Silverman, letter dated Mar. 16, 1967, to Chairman Central Business Association, Inc., Joseph D. Malloy, President, letter dated Mar. 7, 1967, to Chairman McMillan - Citizens Association of Georgetown: Letter dated Feb. 17, 1967, from Col. Robert F. Evans, President, to Resolution transmitted by letter dated May 8, 1967, from Brice M. Clagett, Chairman, Committee on Crime, to the Committee.. Cost of Crime (1966), survey of firms in D.C., Maryland and Virginia.. District of Columbia, Metropolitan Police Department Crime Şum- FBI, Crime Index Offenses, 1965 and 1966, for cities 500,000 to Hon. Walter N. Tobriner, President, Board of Commissioners: Letter dated April 26, 1967 to Chairman McMillan transmitting certain requested information.-- Letter dated March 1, 1967 to the Speaker, transmitting draft of proposed D.C. Crime Reduction Act of 1967- 2325. 4212.. Department of Justice and Government of the District of Columbia, joint letter dated March 1, 1967 from Hon. Ramsey Clark, Attorney General, and Hon. Walter N. Tobriner, President, D.C. Commissioners, to the Speaker, transmitting draft of proposed D.C. Columbia Crime Reduc- Department of Justice, Hon. Ramsey Clark Attorney General: Letter dated April 10, 1967 to Chairman McMillan, reporting on Letter dated April 24, 1967, to Chairman McMillan, reporting on 183 258 21 244 245 District of Columbia Federation of Citizens Associations, Mrs. Ernest W. Howard, Chairman, Police and Fire Committee, statement and enclosures. 258 District of Columbia Pharmaceutical Association, John R. McHugh, President, letter dated February 21, 1967 to the President. 141 District of Columbia Republican Committee, Carl L. Shipley, Chairman, letter dated Mar. 6, 1967, to Clerk... 182 District of Columbia Savings and Loan League, Richard H. Sinclair, President, letter dated February 10, 1967 to the President. 143 Drug Fair, Milton L. Elsberg, President, letter dated Mar. 1, 1967, to Chairman McMillan.. 180 Eady, Oscar W., statement. 246 Ellis, Sarah E., letter dated Mar. 20, 1967, to Chairman McMillan. 186 Gaghan & Shaw Service Inc., Harry T. Gaghan, letter dated Mar. 23, 1967, to Chairman McMillan.- 188 Gary, Mrs. Margaret W., letter dated Mar. 14, 1967, to Chairman McMillan 183 Gastonia (N.C.) Gazette Editorial dated November 28, 1966, entitled “LBJ Poorly Advised on D.O. Crime Bill Veto". 216 Giant Sales Corp., Leonard Stein, President, letter dated Mar. 23, 1967, to Congressman Dowdy - 188 Glassie & Molloy, John P. Downes, Esq., letter dated Mar. 16, 1967, to Chairman McMillan. 184 Gude Bros. Co., Granville Gude, President, letter dated Mar. 28, 1967, to Chairman McMillan.- 188 Ida's Inc., Sidney J. Abraham, President, letter dated Mar. 17, 1967, to Congressman Dowdy -- 185 International Conference of Police Association, John L. Sullivan, Vice President, telegram dated November 10, 1966, to The President. 215 Lansburgh's, H. L. Neugass, Vice President, letter dated Mar. 19, 1967, to Chairman McMillan... 185 Laundry-Dry Cleaning Association of Greater Washington, Sig Meyerhoff, President, letter dated February 6, 1967 to the President. 142 Lawrence, David, columnist, THE EVENING STAR: Article dated, November 16, 1966, entitled “Johnson's Crime Bill 215 Article dated, February 13, 1967, entitled "Severe Blows to Law Enforcement". 232 Article dated, February 20, 1967, entitled "Crime Fight a Major '08 Issue" 234 Lido Civic Club of Washington, P. Joseph Scuderi, President, letter dated February 23, 1967, to Committee. 243 McMillan, Hon. John L., Chairman, letter dated February 21, 1967 to Robert C. Baker, Chairman, The Washington D.C. Clearing House 230 Marriott-Hot Shoppes, Inc.: J. W. Marriott, Jr., letter dated Feb. 28, 1967, to The President.. 244 Metropolitan Washington Board of Trade, Leonard B. Doggett, Jr., President, letter dated February 2, 1967 to the President. 139 Metropolitan Washington Federation of Business Associations, Inc., Lawrence M. Sigler, President, letter dated Feb. 27, 1967, to The 243 Miller, Hon. Herbert J., Chairman, President's D.C. Commission on Crime, letter dated November 3, 1967, to D.C. Bar Association.- 253 National Council for a Responsible Firearms Policy, David J. Steinberg, Treasurer, letter dated May 5, 1967, to the Chairman. 252 National Furniture Company, Charles Woods, General Manager, letter dated March 2, 1967, to Chairman McMillan. 181 Police, Harassment of by citizen group 105-110, 114-116 Ritz Camera Centers, Edward C. Ritz, president, letter dated Mar. 13, 1967, to Chairman McMillan.-- 183 Rockville Chamber of Commerce, John C. Hickman, President, letter dated Mar. 22, 1967, to Congressman Dowdy- 187 Safeway Stores, Inc., Basil M. Winstead, Division Manager, letter dated Mar. 3, 1967, to Chairman McMillan. 181 Sears, Roebuck & Co., O. L. Weir, General Manager, letter dated Mar. 15, 1967, to Chairman McMillan. 184 Seven-Eleven, Kenneth 0. Bishop, Jr., Maryland Zone Manager, letter dated March 15, 1967, to Chairman McMillan. 184 SHELBY (N.C.) DAILY STAR, article dated Jan. 5, 1967, entitled"Compassion and Toughness”. 227 Southern Avenue Shopping Center, Samuel W. Barrow, Trustee, letter dated Apr. 14, 1967, to Congressman Dowdy- 189 Stephens, Mrs. Nell May F., letter dated Mar. 20, 1967, to Chairman McMillan. 186 Tobey Jewelers, A. S. Tobey, letter dated Mar. 20, 1967, to Congressman Dowdy 186 THE EVENING STAR, WASHINGTON, D.C.: Article, dated January 6, 1967, entitled "Panel Urges Changes in 221 Article, dated Mar. 16, 1967, entitled “Anger Mounting on Crime Issue". 240 Article, dated April 11, 1967, entitled “Citizen Group Plans to Harass Policeman in Barry Case”. 108 Editorial, dated November 3, 1966, entitled "No Case for a Veto”. 213 Editorial, dated November 26, 1966, entitled "Crime and the Constitution". 217 Editorial, dated January 16, 1967, entitled “Crippling His 'War on Crime' 228 Editorial, dated February 17, 1967, entitled "Crime in the Future". 233 Editorial, dated February 20, 1967, entitled "Ammunition for the 'War on Crime'" 233 Editorial, dated March 1, 1967, entitled “Our Crime-Ridden City". 235 Editorial, dated March 12, 1967, entitled “The Problem- Unequal Justice Under Law”. 238 Letters to the Editor, November 4 and 27, 1966, January 8, March 4 and 5, 1967. 213, 216, 223, 236-238 The Hub, F. Schrier, letter dated Feb. 25, 1967, to Chairman McMillan.-. 243 Washington Automotive Trade Association, Maurice J. Murphy, Executive Vice President, letter dated February 10, 1967 to the President... 143 Washington Building Congress, Inc., John J. McDermott, President, letter dated April 28, 1967 to Chairman McMillan. 251 Washington, D.C. Area Trucking Association, Eugene I. Kane, President, letter dated February 8, 1967 to the President 142 Washington, D.C. Clearing House Association, Robert C. Baker, Chair man, and John C. McCormack, Secretary, letter dated January 25, 1967 to the President.. 144 Washington, D.C. Retail Liquor Dealers Association, Inc., Hilliard Schul berg, Executive Director, letter dated February 13, 1967 to the President- 139 WASHINGTON POST: Article dated December 11, 1966, entitled “Chronology of 24 Hours of 218 107 Letter to the Editor, dated December 1, 1966, entitled “Jails, Not Schools". 218 WMAL, Evening Star Broadcasting Co.: Editorials dated October 23, 1966, entitled "Omnibus Crime Bill" and 212 215 Editorial, dated January 22, 1967, entitled “Implementing the Crime Report”. 229 Editorial, dated February 12, 1967, entitled "A City of Fear". 232 Woodward & Lothrop, Inc., Andrew Parker, President, letter dated Mar. 6, 1967, to Chairman McMillan. 182 WWDC, Editorial dated Dec. 20, 1966, entitled “Robbery Rampage". 219 ANTICRIME LEGISLATION MONDAY, MARCH 20, 1967 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE No. 4 OF THE Washington, D.C. The subcommittee met, pursuant to notice, at 10:30 a.m., in Room 1310, Longworth House Office Building, Honorable B. F. Sisk presiding Present: Representatives Sisk (presiding), Whitener, Dowdy, Adams, Harsha, Broyhill, Gude and Steiger. Also present: James T. Clark, Clerk; Hayden S. Garber, Counsel; Sara Watson, Assistant Counsel; Leonard 0. Hilder, Investigator. Mr. Sisk. The Subcommittee No. 4 will come to order. Unfortunately, Mr. Whitener, the chairman of this subcommittee is delayed in getting off the ground in North Carolina this morning, but will be arriving shortly. In the meantime, we will proceed. We are here to consider again anti-crime legislation in the hope that this Congress may provide to the citizens and visitors alike in the nation's capital the protection and security in their homes and on the streets, that as a minimum it is our obligation to provide. We start again on what I trust will not be the torturous road of the past two years, because responsible persons all over the country are much concerned, and demanding that this Congress enact into law the where-with-all to meet and resist the criminal element which now abounds. For Washington, the outlook worsens with each month, as the police and the F.B.I. statistics continually reveal, and as unhappily many persons have found out as going about their businesses, and on the streets, they have been assaulted or yoked, raped or robbed. Sadly, February was the 57th consecutive month of increase in crime in the nation's capital. And so I think that we can start with what we are going to do about it. Among the bills dealing with crime, which have been referred to Subcommittee No. 4, are the following: The Omnibus Anti-Crime Bill, which was twice passed by the House by a two to one vote, but was pocket vetoed by the President after the Congress adjourned last year, and has been introduced by Chairman McMillan as H.R. 826; by Mr. Whitener as H.R. 1436; by Mr. Nelsen as H.R. 7344, and by Mr. Broyhill as H.R. 320; by Mr. Flynt as H.R. 579 and by Mr. Lennon as H.R. 5978. These will be made part of the record at this point. The Attorney General of the United States, and the District of Columbia Commissioners, have jointly sponsored a so-called "Crime Reduction” bill, which has been introduced by our colleague, Mr. 1 Adams, as H.R. 7327, and by Mr. Fraser H.R. 7422. Without objection, they will, also, be made a part of the record, along with H.R. 2325 by Mr. Multer, requiring pistol registration, and H.R. 4212 by Mr. Casey, prohibiting the use of firearms in the commission of certain crimes. We also have before us the joint letter dated March 1, 1967, to the Speaker, from the then Acting Attorney General and from the President of the Board of Commissioners, transmitting their proposed legislation, which will also be included in the record at this point. (The documents referred to follow:) (H.R. 826, 90th Cong., ist sess., by Mr. McMillan, H.R. 1436 by Mr. Whitener, H.R. 320 by Mr. Broyhill, and H.R. 579 by Mr. Flynt, on January 10, 1967; H.R. 5978 by Mr. Lennon on February 22, 1967; and H.R. 7344 by Mr. Nelsen on March 16, 1967) A BILL Relating to crime and criminal procedure in the District of Columbia Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I Sec. 101. (a) In the courts of the District of Columbia, evidence, including, but not limited to, statements and confessions, otherwise admissible, shall not be inadmissible solely because of delay in taking an arrested person before a commissioner or other officer empowered to commit persons charged with offenses against the laws of the United States. (b) If a person in the custody of a law-enforcement officer makes a confession or other statement during any pretrial questioning by a law-enforcement officer, such confession or other statement shall be admissible only if (1) immediately prior to any questioning of such person he is advised that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the assistance of an attorney (either retained by or appointed for him) prior to and during such questioning; and (2) in the case of such person who makes a valid waiver of his right to have the assistance of an attorney during questioning, the aggregate period of such questioning, exclusive of interruptions (A) during the absence of an attorney, and (B) prior to the time such person is taken before a commissioner or other officer empowered to commit persons charged with offenses against the laws of the United States, does not exceed six hours. TITLE II Sec. 201. Section 927 of the Act entitled “An Act to establish a code of law for the District of Columbia", approved March 3, 1901 (D.C. Code, sec. 24–301), is amended to read as follows: "Sec. 927. (a)(1) A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law. “(2) The ternis ‘mental disease' or 'defect' do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct. “(b) Evidence that the defendant in a criminal proceeding suffered from a mental disease or defect shall be admissible whenever it is relevant to prove that the defendant did or did not have a state of mind which is an element of the offense. "(c)(1) Mental disease or defect excluding responsibility is an affirmative defense which the defendant must establish by showing of substantial evidence. “(2) Mental disease or defect excluding responsibility shall not be a defense unless the accused or his attorney files with the court and serves upon the prosecuting attorney written notice of his intention to rely upon such defense (A) no later than thirty days prior to trial if there has been no court order for mental |