Sidebilder
PDF
ePub

to have been served if served personally on any agent of such corporation, or if left with any employee of suitable age and discretion at the usual place of business of such agent in the District.

"(c) It shall be the duty of the permittee to notify the Commissioners in writing of the loss or theft of any pistol for which a permit has been obtained, the loss or theft of a permit, or of any change of address from that address recorded on the permit of such permittee within forty-eight hours following discovery of such loss, or theft, or of any change of address. Failure to notify shall be ground for revocation of a permit.

"SEC. 20. The Commissioners are authorized to delegate any function vested in them by this Act: Provided, That the Commissioners shall not delegate the authority to make regulations pursuant to the authority contained in this Act." SEC. 104. The Act entitled "An Act to consolidate the Police Court of the District of Columbia and the Municipal Court of the District of Columbia, to be known as 'the Municipal Court for the District of Columbia,' to create 'the Municipal Court of Appeals for the District of Columbia,' and for other purposes,' approved April 1, 1942 (56 Stat. 190, ch. 207), as amended (section 11-772, D.C. Code, 1961 edition), is hereby amended by adding at the end of subsection (e) of section 7 of said Act the following new clause:

[ocr errors]

"(10) Any final decision or final order denying, suspending, or revoking any application, permit, or license, or renewal of any permit or license, issued or applied for under the Act approved July 8, 1932 (47 Stat. 650), as amended."

SEC. 105. Sections 810 and 811 of the Act entitled "An Act to establish a code of law for the District of Columbia," approved March 3, 1901, as amended (sections 22-2901 and 22-2902, D.C. Code, 1961 edition), are amended by adding to each such section the following sentence: "If such offense is committed by any person when armed with or having readily available any pistol or other firearm, he may, in addition to the punishment provided above, be punished by imprisonment for a term of not more than ten years.'

SEC. 106. Section 911 of the Act entitled "An Act to establish a code of law for the District of Columbia," approved March 3, 1901 (31 Stat. 1337), as amended (section 23-301, D.C. Code, 1961 edition), is amended by inserting after the word "place" where such word first appears "any weapon, instrument, attachment or appliance possessed in violation of the Act approved July 8, 1932 (47 Stat. 650, ch. 465), as amended."

SEC. 107. Section 914 of such Act approved March 3, 1901 (section 23-304, D.C. Code, 1961 edition), is amended by adding the following:

"If the property seized be a dangerous article declared to be a nuisance by section 18 of the Act approved July 8, 1932, as amended (66 Stat. 8; section 22-3217, D.C. Code, 1961 edition), such article shall be disposed of pursuant to such section 18."

SEC. 108. Subsection (b) of section 14-307, D.C. Code (77 Stat. 519), is amended by striking "or" immediately after clause (1); by striking the period at the eng of clause (2) and inserting in lieu thereof "; or"; and by adding the followind new clause:

"(3) evidence adduced to determine the applicability of clauses (2), (3), (7) and (8) of the first sentence of section 3 of the Act entitled 'An Act to control the possession, sale, transfer, and use of pistols and other dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of evidence, and for other purposes', approved July 8, 1932 (47 Stat. 650), as amended (section 22-3201 et seq., D.C. Code.)”.

SEC. 109. The provisions of section 4(c) of such Act approved July 8, 1932, as amended by this title, relating to the voluntary delivery of weapons to police, shall take effect upon the approval of this Act. The remaining provisions of this title shall take effect sixty days following approval by the Commissioners of the District of Columbia of initial regulations made pursuant to the authority contained in such Act approved July 8, 1932, as amended by this title, but in any event not later than one hundred and twenty days after approval of this Act. All outstanding licenses for the possession of pistols in the District of Columbia shall be effective until their expiration date. A person owning or possessing a pistol shall be required to apply for a permit within one hundred and fifty days after approval of this Act.

TITLE II-ARREST WITHOUT WARRANT

SEC. 201. Section 397 of the Revised Statutes of the District of Columbia (section 4-140, D.C. Code, 1961 edition) is amended (a) by designating its present

text as subsection “(a)”, (b) by deleting the words "police force" wherever they appear therein and by substituting the words "Metropolitan Police force", and (c) by adding the following subsections:

"(b) An officer or member of the Metropolitan Police force may arrest a person without a warrant if he has probable cause to believe that such person has committed any violation listed in subsection (c) hereof, and, unless immediately arrested, will not be apprehended, or may cause injury to others or damage to property, or may tamper with, dispose of, or destroy evidence.

"(c) Subsection (b) shall apply with respect to violations of sections 806 (assault; section 22-504, D.C. Code), 824 (unlawful entry; section 22-3102, D.C. Code), and 829 (receiving stolen goods; section 22-2205, D.C. Code); and attempts to violate sections 823 (housebreaking; section 22-1801, D.C. Code), 826 (grand larceny; section 22-2201, D.C. Code), and 826b (unauthorized use of vehicle; section 22-2204, D.C. Code), punishable under section 906 (section 22-103, D.C. Code)."

TITLE III-OBSTRUCTION OF CRIMINAL INVESTIGATIONS

SEC. 301. Section 862 of the Act of March 3, 1901, establishing a code of law for the District of Columbia (31 Stat. 1330; D.C. Code, section 22-703), is amended to read as follows:

"SEC. 862. (a) Whoever corruptly, by threats or force, endeavors to influence, intimidate, or impede any juror, witness, or officer in any court in the District in the discharge of his duties, or, by threats or force, in any other way obstructs or impedes or endeavors to obstruct or impede the due administration of justice therein, or whoever willfully endeavors by means of bribery, misrepresentation, intimidation, or force or threats of force, to obstruct, delay, or prevent the communication to an investigator of the District of Columbia government by any person of information relating to a violation of any criminal statute or regulation in effect in said District, or injures any person or his property on account of the giving by such person or by any other person of such information to any such investigator in the course of the conduct of any criminal investigation, shall be fined not more than one thousand dollars or be imprisoned not more than three years, or both.

"(b) As used in this section, 'criminal investigation' means an investigation relating to a violation of any criminal statute or regulation in effect in the District of Columbia, including, without limitation, any regulation for the internal administration of the government of the District of Columbia or any department or agency thereof, and 'investigator' means an individual duly authorized by the Commissioners or their designated agent to conduct or engage in such an investigation."

TITLE IV-CITATIONS

SEC. 401. Section 10 of the Act of March 3, 1933 (47 Stat. 1485; D.C. Code, section 23-610), is amended by designating the present text as subsection "(a)" and by adding the following new subsections:

"(b) An officer or member of the Metropolitan Police force acting without a warrant who has grounds for arrest authorized by law may, instead of taking him into custody, issue a citation requiring a person to appear before an official of the Metropolitan Police force designated to act as a clerk of the District of Columbia Court of General Sessions.

"(c) Whenever a person is arrested without a warrant and has been booked and processed pursuant to law, an official of the Metropolitan Police force designated to act as a clerk of the District of Columbia Court of General Sessions may issue a citation to him for an appearance in court or at some other designated place, and release him from custody.

"(d) The District of Columbia Court of General Sessions shall prescribe rules specifying the offenses for which and the circumstances under which citations may be issued, as well as rules governing the issuance of and compliance with

citations.

"(e) Whoever willfully fails to appear as required in a citation, shall, (1) if cited for a felony be fined not more than $5,000 or imprisoned not more than five years, or both, or (2) if cited for a misdemeanor be fined not more than the maximum provided for such misdemeanor or imprisoned for not more than one year, or both. Prosecution under this subsection shall be by the prosecuting officer responsible for prosecuting the offense for which the citation is issued." SEC. 402. (a) Section 2 of the Act entitled "An Act to establish the District of Columbia Bail Agency, and for other purposes" approved July 26, 1966 (80

Stat. 327) is amended by striking out section 2 and inserting in lieu thereof the following new section:

"SEC. 2. There is hereby created for the District of Columbia the District of Columbia Bail Agency (hereinafter referred to as the 'agency') which shall secure pertinent data and provide for any judicial officer in the District of Columbia or any officer or member of the Metropolitan Police force issuing citations, reports containing verified information concerning any individual with respect to whom a bail or citation determination is to be made."

(b) Section 4 of said Act is amended by redesignating subsections "(d)” and “(e)” as “(e)” and “(f)”, respectively, and by inserting the following new subsection (d):

"(d) The agency, when requested by a member or officer of the Metropolitan Police force acting pursuant to court rules governing the issuance of citations in the District of Columbia, shall furnish to such member or officer a report as provided in subsection (a).”

TITLE V-MATERIAL WITNESSES

SEC. 501. Section 401 of the Revised Statutes of the United States relating to the District of Columbia (D.C. Code, section 4-144), is amended to read as follows: "SEC. 401. (a) Whenever there is probable cause to believe that (1) a person witnessed the commission of a crime punishable by imprisonment for more than one year, (2) his testimony will be material at the trial of a person charged with the crime, and (3) he will not be available to testify at the trial, such person may be taken into custody pursuant to a warrant, unless taken into custody at the scene of the crime, by an officer or member of the Metropolitan Police force and immediately brought before a judicial officer as defined in section 3152 of title 18, United States Code. If the judicial officer determines that (1) the person witnessed the commission of a crime punishable by imprisonment for more than one year, and (2) his testimony will be material at the trial of a person charged with the crime, he shall treat the witness in accordance with the Bail Reform Act of 1966 (18 U.S.C. 3149 and 3150).

"A person who is detained under this subsection shall, for the period of his detention, be entitled to the same fees which are paid to witnesses attending before the United States District Court for the District of Columbia.

"(b) The Board of Commissioners shall provide suitable accommodations within the District of Columbia for persons detained as material witnesses. Such accommodations shall be separate and apart from quarters used for the confinement of persons charged with or convicted of crime. The Commissioners may, in their discretion, enter into agreements with any Federal agency, including a United States court, for the use of suitable space under the jurisdiction of any such agency, and such agency is hereby authorized to allow the use of such space for the purpose of providing the accommodations required by this subsection. The Commissioners may also utilize appropriate space which is owned privately or which is owned or leased by the government of the District of Columbia."

TITLE VI-COMMISSION ON REVISION OF CRIMINAL LAWS OF

THE DISTRICT OF COLUMBIA

SEC. 601. CREATION OF COMMISSION.-The Commission on Revision of the Criminal Laws of the District of Columbia is hereby established.

SEC. 602. MEMBERSHIP OF COMMISSION.-The Commission shall be composed of eleven members, as follows:

(1) Two members of the Senate appointed by the President of the Senate; (2) Two members of the House of Representatives appointed by the Speaker of the House of Representatives;

(3) Four members appointed by the Board of Commissioners of the District of Columbia one of whom the Board shall designate as Chairman;

(4) (a) One circuit judge appointed by the chief judge of the United States Court of Appeals for the District of Columbia Circuit;

(b) One district judge appointed by the chief judge of the United States District Court for the District of Columbia;

(c) One general sessions judge appointed by the chief judge of the District of Columbia court of general sessions.

SEC. 603. FUNCTIONS OF THE COMMISSION.-The Commission shall make a full and complete review and study of the statutory and case law applicable in the

District of Columbia for the purpose of formulating and recommending to the Congress a revised code of criminal law and procedure for the District of Columbia. The Commission shall include in its recommendations proposals for the repeal of unnecessary or undesirable statutes and such changes in the penalty structure as the Commission may feel will better serve the ends of justice.

SEC. 604. COMPENSATION OF MEMBERS OF THE COMMISSION.-(a) Members of Congress and members of the executive and judicial branches of the Federal or District of Columbia governments who are members of the Commission shall serve without compensation in addition to that received for their services in such other branch of government; but they shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of duties vested in the Commission.

(b) Members from private life shall each receive $100 per diem when engaged n the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of such duties.

SEC. 605. ADVISORY COMMITTEE. (a) The Commission shall have the power to appoint an Advisory Committee, the functions of which shall include advising, counseling, proffering to the Commission appropriate recommendations, and the performance of such other functions, not inconsistent with the purposes of this Act, as may be assigned to it by the Commission.

(b) Members of the Advisory Committee shall not be deemed to be officers or employees of the United States by virtue of such service and shall receive no compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them by virtue of such service to the Commission.

SEC. 606. STAFF OF THE COMMISSION.-The Chairman of the Commission is authorized to appoint and fix the compensation of such personnel as he deems necessary to carry out the Commission's functions. He is also authorized to procure services to the same extent as is authorized for the executive departments by section 3109 of title 5, United States Code, at rates not to exceed $100 per diem for individuals.

SEC. 607. COOPERATION BY DEPARTMENTS AND AGENCIES.-The Commission is authorized to request from any department, agency, or independent instrumentality of the Government any information and assistance it deems necessary to carry out its functions under this Act; and each such department, agency, or instrumentality is authorized to cooperate with the Commission and, to the extent permitted by law, to furnish such information and assistance to the Commission upon request made by the Chairman or any other member when acting as Chair

man.

SEC. 608. REPORT OF THE COMMISSION; TERMINATION.-The Commission shall submit interim reports to the Board of Commissioners of the District of Columbia and the Congress at such times as the Commission may deem appropriate, and in any event within two years after the date of this enactment, and shall submit its final report within three years after the date of enactment. The Commission shall cease to exist sixty days after the date of the submission of its final report.

TITLE VII-NARCOTIC ADDICT REHABILITATION

SEC. 701. Section 2901 of title 28 of the United States Code is amended by adding after subsection (g) the following subsection (h):

"(h) "Offense against the United States' includes any offense prosecuted by the United States Attorney for the District of Columbia, whether prosecuted vefore the United States District Court for the District of Columbia or the District of Columbia Court of General Sessions."

SEC. 702. The first sentence of section 2902(a) of title 28 of the United States Code is amended by deleting the words "United States district".

SEC. 703. Section 4251 of title 18 of the United States Code is amended by adding after subsection (f) the following subsection (g):

"(g) Offense against the United States' includes any offense prosecuted by the United States Attorney for the District of Columbia, whether prosecuted before the United States District Court for the District of Columbia or the District of Columbia Court of General Sessions."

TITLE VIII-INTOXICATED PERSONS

SEC. 801. It is hereby declared to be the policy of Congress that persons who are intoxicated in the District of Columbia shall not be subject to arrest unless

they are conducting themselves in a manner which endangers the safety of other persons or property. Absent any danger to other persons or property, persons who are intoxicated may be taken into protective custody by law enforcement officers or by personnel of the District of Columbia Department of Public Health and detained until they are no longer intoxicated. It is further the policy of the Congress that the detention of intoxicated persons who are taken into protective custody shall not be considered arrests and shall not be denoted as arrests in any records.

SEC. 802. (a) Subsection (a) of section 28 of the District of Columbia Alcoholic Beverage Control Act approved January 24, 1934 (48 Stat. 319, 333) as amended (D.C. Čode, section 25-128(a)), is amended by striking the second sentence and inserting in lieu thereof the following: "No person, whether in or on public or private property, shall be intoxicated and endanger the safety of any other person or of property.'

(b) Subsection (b) of section 28 (D.C. Code, section 25-128(b)) is amended by striking "this section" and inserting in lieu thereof "subsection (a)".

(c) Section 28 is further amended by adding the following subsections:

(c) Any person who is intoxicated (1) in or on public property, or (2) in any vehicle, whether in or on public or private property, or (3) in any place to which the public is invited, but is not conducting himself in such manner as to endanger the safety of another person or of property, may be taken into protective custody by a law enforcement officer or by an agent of the District of Columbia Department of Public Health. A person so taken into protective custody shall be transported to a facility staffed and equipped to provide appropriate medical services, where he shall be detained until he is no longer intoxicated.

"(d) An appropriate record shall be made of the detention of any person under the authority of subsection (c) but such detention shall not be considered to be an arrest or be recorded as such."

SEC. 803. This title shall become effective on August 1, 1967, or, if enacted after that date, on the date of enactment.

TITLE IX-MISCELLANEOUS

SEC. 901. SUPERVISED RELEASE PRIOR TO TRIAL OR AFTER CONVICTION.(a) The Commissioners of the District of Columbia or their designated representatives are hereby authorized to supervise persons released into their custody in accordance with judicial orders issued pursuant to section 3146 or 3148 of title 18, United States Code.

(b) The District of Columbia Bail Agency is authorized to provide reports to the Commissioners of the District of Columbia or their designated representatives with respect to any person released into their custody pursuant to section 3146 or 3148 of title 18, United States Code, notwithstanding the provisions of section 4(c) of the Act approved July 26, 1966 (80 Stat. 327, 328). The report so furnished shall be used only in connection with the supervision of released persons.

SEC. 902. SUPERVISED RELEASE OF YOUTH OFFENDERS.-(a) Section 5024 of title 18, United States Code, is amended by deleting ", and to youth offenders convicted in the District of Columbia of offenses under any law of the United States not applicable exclusively to such District and to other youth offenders convicted in the District to the extent authorized under section 5025" and substituting therefor: "and in the District of Columbia."

(b) Section 5025 of the title is amended to read:

"§ 5025. Applicability to the District of Columbia

"(a) The Board of Commissioners of the District of Columbia is authorized to provide its own facilities and personnel for the treatment and rehabilitation of youth offenders convicted of any law of the United States applicable exclusively to the District of Columbia; or to contract with the Director of the Bureau of Prisons for their treatment and rehabilitation the cost of which may be paid from the appropriation for the District of Columbia.

"(b) When facilities of the District of Columbia are utilized by the Attorney General for the treatment and rehabilitation of youth offenders convicted of violation of a law of the United States not applicable exclusively to the District of Columbia, the cost shall be paid from the 'Appropriation for Support of United States Prisoners'.

"(c) All youth offenders committed to institutions of the District of Columbia shall be under the jurisdiction and control of the Board of Commissioners of the District of Columbia, and the Board shall provide for their maintenance, treatment, rehabilitation, supervision, conditional release, and discharge in conformity with the objectives of this chapter."

« ForrigeFortsett »