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Agnew, Wallace B., President.
Nichols, Henry B., Member..

MATERIAL SUBMITTED FOR THE RECORD

206

159

163

163

Alexandria Chamber of Commerce, Inc., Robert W. Rotroff, President,
letter dated Mar. 7, 1967, to Chairman McMillan__
American Insurance Association, statement of H. Clay Johnson, President,
Royal-Globe Insurance Companies, dated April 26, 1967__

182

246

Broyhill, Hon. Joel T., Crime and Criminal Procedure, excerpt from
Congressional Record dated January 10, 1967---

225

Central Business Association, Inc., Joseph D. Malloy, President, letter
dated Mar. 7, 1967, to Chairman McMillan___

Citizens Association of Georgetown:

183

Resolution transmitted by letter dated May 8, 1967, from Brice M.
Clagett, Chairman, Committee on Crime, to the Committee...

Crime Statistics:

Cost of Crime (1966), survey of firms in D.C., Maryland and Virginia..

District of Columbia, Metropolitan Police Department Crime Sum-

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258

Letter dated March 1, 1967 to the Speaker, transmitting draft
of proposed D.C. Crime Reduction Act of 1967...
Letter dated March 20, 1967, to Chairman McMillan, on H.R.
2325_

21

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District of Columbia Federation of Citizens Associations, Mrs. Ernest
W. Howard, Chairman, Police and Fire Committee, statement and
enclosures

District of Columbia Pharmaceutical Association, John R. McHugh,
President, letter dated February 21, 1967 to the President_.

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,
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 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
McMillan

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
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.
Lansburgh's, H. L. Neugass, Vice President, letter dated Mar. 19, 1967,
to Chairman McMillan..

215

185

Laundry-Dry Cleaning Association of Greater Washington, Sig Meyerhoff,
President, letter dated February 6, 1967 to the President..
Lawrence, David, columnist, THE EVENING STAR:

142

Article dated, November 16, 1966, entitled "Johnson's Crime Bill
Veto".

215

Article dated, February 13, 1967, entitled "Severe Blows to Law
Enforcement".

232

Article dated, February 20, 1967, entitled "Crime Fight a Major '68
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
Association, Washington, D.C..

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.
Metropolitan Washington Federation of Business Associations, Inc.,
Lawrence M. Sigler, President, letter dated Feb. 27, 1967, to The
President____

Miller, Hon. Herbert J., Chairman, President's D.C. Commission on
Crime, letter dated November 3, 1967, to D.C. Bar Association
National Council for a Responsible Firearms Policy, David J. Steinberg,
Treasurer, letter dated May 5, 1967, to the Chairman_.

National Furniture Company, Charles Woods, General Manager, letter
dated March 2, 1967, to Chairman McMillan

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
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 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
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
Quizzing Suspects".

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". Editorial, dated November 26, 1966, entitled "Crime and the Constitution".

213

Editorial, dated January 16, 1967, entitled "Crippling His 'War on
Crime""

217

228

Editorial, dated February 17, 1967, entitled "Crime in the Future".
Editorial, dated February 20, 1967, entitled "Ammunition for the 'War
on Crime' "

Editorial, dated March 1, 1967, entitled “Our Crime-Ridden City”.
Editorial, dated March 12, 1967, entitled "The Problem- Unequal
Justice Under Law".

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-
berg, Executive Director, letter dated February 13, 1967 to the President_
WASHINGTON POST:

Article dated December 11, 1966, entitled "Chronology of 24 Hours of
Crime".

142

144

139

233

233

235

238

218

Article dated April 11, 1967, entitled "Precinct Groups Will Aid Citi-
zens in Police Disputes".

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
"Strengthening Police Authority".

212

Editorial dated October 30, 1966, entitled "D.C. Omnibus Crime Bill".
Editorial dated November 13, 1966, entitled "Veto of D.C. Omnibus
Crime Bill"..

213

215

Editorial, dated January 22, 1967, entitled "Implementing the Crime
Report"

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,
SUBCOMMITTEE No. 4 OF THE

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

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