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examination or fifteen days after receipt by the court of the report of the examining physician if there was a court order for mental examination, or (B) at such other time as the court may for good cause permit. The court may extend the time for such notice in order to prevent injustice.

"(3) When the defendant is acquitted on the ground of mental disease or defect excluding responsibility, the verdict and the judgment shall so state.

"(d) Whenever a person is arrested, indicted, charged by information, or is charged in the juvenile court of the District of Columbia, for or with an offense and, prior to the imposition of sentence or prior to the expiration of any period of probation, it shall appear to the court from the court's own observations, or from prima facie evidence submitted to the court, that the accused is of unsound mind or is mentally incompetent so as to be unable to understand the proceedings against him or properly to assist in his own defense, the court may order the accused committed to the District of Columbia General Hospital or other mental hospital designated by the court, for such reasonable period as the court may determine for examination and observation and for care and treatment if such is necessary by the psychiatric staff of said hospital. If, after such examination and observation, the superintendent of the hospital, in the case of a mental hospital, or the chief psychiatrist of the District of Columbia General Hospital, in the case of the District of Columbia General Hospital, shall report that in his opinion the accused is of unsound mind or mentally incompetent, such report shall be sufficient to authorize the court to commit by order the accused to a hospital for the mentally ill unless the accused or the Government objects, in which event, the court, after hearing without a jury, shall make a judicial determination of the competency of the accused to stand trial. If the court shall find the accused to be then of unsound mind or mentally incompetent to stand trial, the court shall order the accused confined to a hospital for the mentally ill.

"(e) Whenever an accused person confined to a hospital for the mentally ill is restored to mental competency in the opinion of the superintendent of said hospital, the superintendent shall certify such fact to the clerk of the court in which the indictment, information, or charge against the accused is pending and such certification shall be sufficient to authorize the court to enter an order thereon adjudicating him to be competent to stand trial, unless the accused or the Government objects, in which event the court, after hearing without a jury, shall make a judicial determination of the competency of the accused to stand trial.

"(f) If any person tried upon an indictment or information for an offense, or tried in the Juvenile Court of the District of Columbia for an offense, is acquitted on the ground of mental disease or defect excluding responsibility, the court shall order such person to be confined in a hospital for the mentally ill.

"(g) Where any person has been confined in a hospital for the mentally ill pursuant to subsection (f) of this section and the superintendent of such hospital certifies (1) that such person has recovered his sanity, (2) that, in the opinion of the superintendent, such person will not in the reasonable future be dangerous to himself or others, and (3) in the opinion of the superintendent, the person is entitled to his unconditional release from the hospital, and such certificate is filed with the clerk of the court in which the person was tried, and a copy thereof served on the United States Attorney or the Corporation Counsel of the District of Columbia, whichever office prosecuted the accused, such certificate shall be sufficient to authorize the court to order the unconditional release of the person so confined from further hospitalization at the expiration of fifteen days from the time said certificate was filed and served as above; but the court in its discretion may, or upon objection of the United States or the District of Columbia shall, after due notice, hold a hearing at which evidence as to the mental condition of the person so confined may be submitted, including the testimony of one or more psychiatrists from said hospital. The court shall weigh the evidence and, if the court finds that such person has recovered his sanity and will not in the reasonable future be dangerous to himself or others, the court shall order such person unconditionally released from further confinement in said hospital. If the court does not so find, the court shall order such person returned to said hospital. Where, in the judgment of the superintendent of such hospital, a person confined under subsection (f) above is not in such condition as to warrant his unconditional release, but is in a condition to be conditionally released under supervision, and such certificate is filed and served as above provided, such certificate shall be sufficient to authorize the court to order the release of such person under such conditions as the court shall see fit at the expiration of fifteen days from the time such certificate is filed and served pursuant to this section. The provisions as to hearing prior to unconditional release shall

also apply to conditional releases, and, if, after a hearing and weighing the evidence, the court shall find the condition of such person warrants his conditional release, the court shall order his release under such conditions as the court shall see fit, or, if the court does not so find, the court shall order such person returned to such hospital.

"(h) When an accused person shall be acquitted solely on the ground of mental disease or defect excluding responsibility and ordered confined in a hospital for the mentally ill, such person and his estate shall be charged with the expense of his support in such hospital.

"(i) Nothing herein contained shall preclude a person confined under the authority of this section from establishing his eligibility for release under the provisions of this section by a writ of habeas corpus.

"(j) The jury shall not be told by the court or counsel for the Government or the defendant at any time regarding the consequences of a verdict of not guilty or acquittal on the ground of mental disease or defect excluding responsibility.

'(k) The provisions of subsections (d) through (i) of this section shall supersede in the District of Columbia the provisions of any Federal statutes or parts thereof inconsistent with this section.

"(1) This section shall apply only to proceedings brought by information or indictment in the United States District Court for the District of Columbia and the District of Columbia Court of General Sessions and, except for the provisions of subsections (a), (b), and (c), to proceedings brought to juvenile court in the District of Columbia."

SEC. 202. Nothing contained in the amendments made by section 201 of this title shall be deemed to alter, amend, or repeal section 928 or section 929 of the Act of March 3, 1901 (D.C. Code, secs. 24-302, 24-303), or the Act entitled "An Act relating to the testimony of physicians in the courts of the District of Columbia", received by the President May 13, 1896 (D.C. Code, sec. 14–308).

TITLE III

SEC. 301. (a) An officer or member of the Metropolitan Police force of the District of Columbia may detain any person abroad whom he has probable cause to believe is committing or has committed a crime, and may demand of him his name, address, business abroad, and whither he is going.

(b) Any person so questioned who fails to identify himself or explain his action to the satisfaction of the officer or member (as the case may be) may be detained and further interrogated.

(c) The total period of detention provided for by this section shall not exceed four hours. Such detention shall not be recorded as an arrest in any official record. At the end of the detention the person so detained shall be released or be arrested and charged with a crime.

TITLE IV

SEC. 401. Section 401 of the Revised Statutes of the United States, relating to the District of Columbia (D.C. Code, sec. 4-144), is amended to read as follows: "SEC. 401. (a) Whenever, in a criminal case in the District of Columbia, there is reasonable ground to believe that any person is a material and necessary witness to the commission of any crime or attempt to commit any crime punishable by imprisonment for one year or more, and there is a reasonable probability that such person will not be available to testify at the trial of the person charged with such offense, such person so believed to be a material and necessary witness may be taken, pursuant to a subpena, by an officer or member of the Metropolitan Police force, without unnecessary delay, before a judge of the United States District Court for the District of Columbia or a judge of the District of Columbia Court of General Sessions or a United States commissioner; except that no such subpena shall be required if such person is taken into custody at the scene of the crime. For the purposes of this section, a delay in the appearance of any such witness before any such judge or commissioner shall not be considered an unnecessary delay, if such appearance occurs within the six-hour period following the time that the witness is taken into custody. Such judge or commissioner shall afford such person a hearing and shall, prior to commencing the hearing, advise that person as to his constitutional rights and that he is entitled to consult with, and be represented by, counsel. Such judge or commissioner shall, after a hearing is afforded to such person and the judge or commissioner is satisfied by testimony given under oath that such person is a material and necessary witness and that there is reason

able probability that he will not be available at the trial as provided in this subsection, require such witness to post bond or collateral as security that he will appear and testify at such trial. Upon the failure of such witness to post such bond or collateral after a reasonable opportunity to do so, the judge or commissioner shall order the further detention of such witness until such time as he appears and gives testimony in such criminal case or until such criminal case has been finally disposed of otherwise. Notwithstanding any other provision of this subsection, upon the motion of any witness detained under this section and a showing that he has been detained for an unreasonable length of time, such judge or commissioner may order the release of such witness. The detention, as herein provided, of any such witness shall not constitute an arrest within the meaning of that term as used in any other law or in any rule or regulation. Any witness who, following such hearing, is ordered detained under this subsection shall, during that period of his detention following such hearing, be entitled to be paid amounts equivalent to the amounts payable to witnesses testifying in thejcourt in which such trial with respect to which such witness is ordered detained is to be conducted.

"(b) The Board of Commissioners shall provide suitable accommodations within the District of Columbia for the detention of persons who are unable or who refuse to furnish security for their appearance as witnesses, as provided in subsection (a). Such accommodations shall be separate and apart from quarters used for the confinement of persons charged with crime. The said Commissioners may, in their discretion, enter into agreements with any Federal agency, including the United States courts, for the use of suitable space in a building 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. In carrying out the purposes of this Act, the said Commissioners may utilize any appropriate space in any building which is owned privately or which is owned or leased by the government of the District of Columbia. In the case of any witness detained by an officer other than an officer or member of the Metropolitan Police force, the District of Columbia shall be reimbursed for the accommodations furnished such witness at rates to be determined by the Commissioners."

TITLE V

SEC. 501. The definition of "crime of violence" contained in section 1 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 (D.C. Code, sec. 22-3201), is amended by inserting immediately after "burglary," the following: "robbery,".

TITLE VI

SEC. 601. Section 803 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. 22-501), is amended by inserting immediately after "for not" the following: "less than two years or".

SEC. 602. Section 823 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 22-1801), is amended to read as follows:

"SEC. 823. BURGLARY.-(a) Whoever shall, either in the nighttime or in the daytime, break and enter, or enter without breaking, any dwelling, or room used as a sleeping apartment in any building, with intent to break or carry away any part thereof, or any fixture or other thing attached to or connected thereto or to commit any criminal offense, shall, if any person is in the actual occupation of any part of such dwelling or sleeping apartment at the time of such breaking and entering, or entering without breaking, be guilty of burglary in the first degree. Burglary in the first degree shall be punished by imprisonment for not less than five years nor more than thirty years.

"(b) Except as provided in subsection (a) of this section, whoever shall, either in the night or in the daytime, break and enter, or enter without breaking, any dwelling, bank, store, warehouse, shop, stable, or other building or any apartment or room, whether at the time occupied or not, or any steamboat, canalboat, vessel, or other watercraft, or railroad car or any yard where any lumber, coal, or other goods or chattels are deposited and kept for the purpose of trade, with intent to break and carry away any part thereof or any fixture or other thing attached to or connected with the same, or to commit any criminal offense, shall be guilty of burglary in the second degree. Burglary in the second degree shall be punished by imprisonment for not less than two years nor more than fifteen years.'

SEC. 603. Section 810 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. 22-2901), is amended by striking out "six months" and inserting in lieu thereof "four years".

SEC. 604. Section 869e 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. 22-1513), is amended by adding the following new subsection at the end thereof:

"(f) Nothing in this section shall be construed to prohibit the giving or offering of any bonus or extra compensation to any manager, coach, or professional player, or to any league, association, or conference for the purpose of encouraging such manager, coach, or player to a higher degree of skill, ability, or diligence in the performance of his duties."

SEC. 605. Section 2 of the Act entitle "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 (D.C. Code, sec. 22-3202), is amended to read as follows:

"SEC. 2. If any person shall commit a crime of violence in the District of Columbia when armed with or having readily available any pistol or other firearm, or other dangerous or deadly weapon, including but not limited to, sawed-off shotgun, shotgun, machinegun, rifle, dirk, bowie knife, butcher knife, switchblade knife, razor, blackjack, billy, metallic or other false knuckles, he may, in addition to the punishment provided for the crime, be punished by imprisonment for an indeterminate number of years up to life as determined by the court. If a person is convicted more than once of having committed a crime of violence in the District of Columbia when armed with or having readily available any pistol or other firearm, or other dangerous or deadly weapon, including but not limited to, sawed-off shotgun, shotgun, machinegun, rifle, dirk, bowie knife, butcher knife, switchblade knife, razor, blackjack, billy, metallic or other false knuckles, then, notwithstanding any other provision of law, the court shall not suspend his sentence or give him a probationary sentence."

SEC. 606. Section 872 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. 22–2001), is amended to read as follows:

"SEC. 872. INDECENT PUBLICATIONS.-(a) Whoever, with knowledge of the obscene character of the material, sells, or offers to sell, or give away, in the District, or has in his possession with the intent to sell, or give away or to exhibit to another, any obscene, lewd, or indecent book, pamphlet, drawing, engraving, picture, photograph, instrument, magazine, story, paper, writing, card, print, motion picture film, image, cast, slide, figure, statue, phonograph record, wire, tape, or other sound recording, or other presentation or article of indecent or immoral use, or advertises the same for sale, or writes or prints any letter, circular, handbill, book, pamphlet, or notice of any kind stating by what means any such articles may be obtained, or advertises any drug, nostrum, or instrument intended to produce abortion, or otherwise participates in, or by bill, poster, or otherwise advertises, any public exhibition, show, performance, or play offending the public decency, shall be fined not more than $5,000, or imprisoned not more than one year, or both.

"(b) Whoever in the District acts in, poses for, models for, prints, records, composes, edits, writes, publishes, or offers to publish, or produces or participates in the production of any obscene, lewd, or indecent book, pamphlet, drawing, engraving, picture, photograph, instrument, magazine, story, paper, writing, card, print, motion picture film, image, cast, slide, figure, statue, phonograph record, wire, tape, or other sound recording, or other presentation or article of indecent or immoral use, or advertises the same for sale, or writes or prints any letter, circular, handbill, book, pamphlet, or notice of any kind stating by what means any such articles may be obtained, with knowledge that the same is obscene and is for the purpose of being sold, given away, or exhibited to another, shall be fined not more than $5,000, or imprisoned not more than one year, or both.

"(c) The United States attorney for the District of Columbia is authorized to petition the United States District Court for the District of Columbia for a preliminary injunction and a permanent injunction to restrain the sale, gift, exhibition, distribution, production, disposition, or removal of any obscene, lewd, or indecent matter described in subsection (a) or (b) of this section and to restrain the use of any real or personal property for such purpose. A hearing on the petition for the preliminary injunction shall be had not more than five days excluding Sundays and holidays, after service upon the defendant of a copy of the petition.

"(d) After the hearing provided in subsection (c) of this section the said court may issue a preliminary injunction which will remain in effect until final determination of the petition for the permanent injunction, but not more than thirty calendar days from issuance of the preliminary injunction.

"(e) If, after a trail of the issues, the court shall order a permanent injunction, such injunction shall include a provision for the immediate seizure and impoundment of the obscene, lewd, or indecent matter, and forbidding its reproduction or duplication. Such injunction shall also include a provision providing for the disposition of such matter so impounded in such way as the court may determine desirable (including the destruction of such matter), but in no event shall such matter be destroyed until after the expiration of the period during which an appeal may be taken or, if an appeal is taken, during the pendency of such appeal. Such injunction shall also permanently enjoin the use of any real or personal property used for the purpose of violating this section. In the trial brought for such permanent injunction the determination of all issues of fact shall be by jury if either party demands it.

"(f) For the purpose of obtaining a preliminary or permanent injunction under subsection (c), (d), or (e) of this section, it shall not be necessary for the United States attorney to allege or prove that an adequate remedy at law does not exist or that substantial and irreparable damage would result from the violations alleged.

"g) Proceedings pursuant to subsections (c), (d), and (e) of this section shall be governed by the Federal Rules of Civil Procedure, except as they may be inconsistent with the provisions and purposes of this section.

"(h) Nothing in this section shall apply to a licensee under the Communications Act of 1934, as amended, while engaged in activities regulated pursuant to such Act."

SEC. 607. Section 825a 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. 22-3105), is amended by striking out "or by imprisonment not exceeding ten years." and inserting in lieu thereof the following: "and by imprisonment for not less than four years or more than ten years.".

SEC. 608. Whoever shall make or cause to be made to the Metropolitan Police Department of the District of Columbia, or to any officer or member thereof, a false or fictitious report of the commission of any criminal offense within the District of Columbia, or a false or fictitious report of any other matter or occurrence of which such Metropolitan Police Department is required to receive reports, or in connection with which such Metropolitan Police Department is required to conduct an investigation, knowing such report to be false or fictitious; or who shall communicate or cause to be communicated to such Metropolitan Police Department, or any officer or member thereof, any false information concerning the commission of any criminal offense within the District of Columbia or concerning any other matter or occurrence of which such Metropolitan Police Department is required to receive reports, or in connection with which such Metropolitan Police Department is required to conduct an investigation, knowing such information to be false, shall we punished by a fine of not exceeding $300 or by imprisonment not exceeding thirty days.

TITLE VII

SEC. 701. Whoever, prior to the date of enactment of this Act, commits any act or engages in any conduct which constitutes an offense under provision of law amended by this Act, shall be sentenced in accordance with the law in effect on the date he commits such acts or engages in such conduct.

SEC. 702. Nothing in this Act shall be construed so as to affect the authority vested in the Board of Commissioners of the District of Columbia by Reorganization Plan Numbered 5 of 1952 (66 Stat. 824). The performance of any function vested by this Act in the Board of Commissioners or in any office or agency under the jurisdiction or control of said Board of Commissioners may be delegated by said Board of Commissioners in accordance with section 3 of such plan.

SEC. 703. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the other provisions of this Act and the application of any provision to other persons or circumstances shall not be affected thereby.

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