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---- Taft, Hon. Robert, Jr., Representaive in Congress from the State of United States Attorney for the District of Columbia, Hon. David G. 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 206 159 163 163 Alexandria Chamber of Commerce, Inc., Robert W. Rotroff, President, 182 246 Broyhill, Hon. Joel T., Crime and Criminal Procedure, excerpt from 225 Central Business Association, Inc., Joseph D. Malloy, President, letter 183 Resolution transmitted by letter dated May 8, 1967, from Brice M. Cost of Crime (1966), survey of firms in D.C., Maryland and Virginia.. District of Columbia, Metropolitan Police Department Crime Sum- 258 Hon. Walter N. Tobriner, President, Board of Commissioners: Letter dated April 26, 1967 to Chairman McMillan transmitting Letter dated March 1, 1967 to the Speaker, transmitting draft 21 Letter dated March 20, 1967, to Chairman McMillan, on H.R. 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 District of Columbia Federation of Citizens Associations, Mrs. Ernest District of Columbia Pharmaceutical Association, John R. McHugh, 258 141 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, 143 Drug Fair, Milton L. Elsberg, President, letter dated Mar. 1, 1967, to 180 Eady, Oscar W., statement.... 246 Ellis, Sarah E., letter dated Mar. 20, 1967, to Chairman McMillan Gaghan & Shaw Service Inc., Harry T. Gaghan, letter dated Mar. 23, 1967, to Chairman McMillan____ 186 188 Gary, Mrs. Margaret W., letter dated Mar. 14, 1967, to Chairman 183 Gastonia (N.C.) Gazette Editorial dated November 28, 1966, entitled "LBJ Poorly Advised on D.C. 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 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 185 International Conference of Police Association, John L. Sullivan, Vice 215 185 Laundry-Dry Cleaning Association of Greater Washington, Sig Meyerhoff, 142 Article dated, November 16, 1966, entitled "Johnson's Crime Bill 215 Article dated, February 13, 1967, entitled "Severe Blows to Law 232 Article dated, February 20, 1967, entitled "Crime Fight a Major '68 234 Lido Civic Club of Washington, P. Joseph Scuderi, President, letter dated 243 McMillan, Hon. John L., Chairman, letter dated February 21, 1967 to 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., Miller, Hon. Herbert J., Chairman, President's D.C. Commission on National Furniture Company, Charles Woods, General Manager, letter Police, Harassment of by citizen group.. 139 243 253 252 181 105-110, 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 187 Safeway Stores, Inc., Basil M. Winstead, Division Manager, letter dated 181 Sears, Roebuck & Co., O. L. Weir, General Manager, letter dated Mar. 15, 1967, to Chairman McMillan.. 184 Seven-Eleven, Kenneth O. 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 186 Tobey Jewelers, A. S. Tobey, letter dated Mar. 20, 1967, to Congressman 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 240 Article, dated April 11, 1967, entitled "Citizen Group Plans to Harass 108 Editorial, dated November 3, 1966, entitled "No Case for a Veto". Editorial, dated November 26, 1966, entitled "Crime and the Constitution". 213 Editorial, dated January 16, 1967, entitled "Crippling His 'War on 217 228 Editorial, dated February 17, 1967, entitled "Crime in the Future". Editorial, dated March 1, 1967, entitled “Our Crime-Ridden City”. 243 143 251 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... Washington Automotive Trade Association, Maurice J. Murphy, Executive Vice President, letter dated February 10, 1967 to the President.. Washington Building Congress, Inc., John J. McDermott, President, letter dated April 28, 1967 to Chairman McMillan___ Washington, D.C. Area Trucking Association, Eugene I. Kane, President, letter dated February 8, 1967 to the President__ Washington, D.C. Clearing House Association, Robert C. Baker, Chairman, and John C. McCormack, Secretary, letter dated January 25, 1967 to the President_. Washington, D.C. Retail Liquor Dealers Association, Inc., Hilliard Schul- Article dated December 11, 1966, entitled "Chronology of 24 Hours of 142 144 139 233 233 235 238 218 Article dated April 11, 1967, entitled "Precinct Groups Will Aid Citi- 107 Letter to the Editor, dated December 1, 1966, entitled "Jails, Not 218 WMAL, Evening Star Broadcasting Co.: Editorials dated October 23, 1966, entitled "Omnibus Crime Bill" and 212 Editorial dated October 30, 1966, entitled "D.C. Omnibus Crime Bill". 213 215 Editorial, dated January 22, 1967, entitled "Implementing the Crime 229 Editorial, dated February 12, 1967, entitled "A City of Fear" Woodward & Lothrop, Inc., Andrew Parker, President, letter dated Mar. 6, 1967, to Chairman McMillan___. 232 182 WWDC, Editorial dated Dec. 20, 1966, entitled "Robbery Rampage". 219 ANTICRIME LEGISLATION MONDAY, MARCH 20, 1967 HOUSE OF REPRESENTATIVES, COMMITTEE ON THE DISTRICT OF COLUMBIA, 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 O. 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. 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., 1st 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 terms '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 |