District of Columbia B 24-0311: Comprehensive Policing and Justice Reform Congressional Review Emergency Amendment Act of 2021

Bill Text

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AN ACT

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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

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To provide, on an emergency basis, due to congressional review, for comprehensive policing and
justice reform for District residents and visitors, and for other purposes.
TABLE OF CONTENTS
TITLE I. IMPROVING POLICE ACCOUNTABILITY AND TRANSPARENCY ............. 2
SUBTITLE A. PROHIBITING THE USE OF NECK RESTRAINTS ............................... 2
SUBTITLE B. IMPROVING ACCESS TO BODY-WORN CAMERA VIDEO
RECORDINGS ......................................................................................................................... 3
SUBTITLE C. OFFICE OF POLICE COMPLAINTS REFORMS ................................... 6
SUBTITLE D. USE OF FORCE REVIEW BOARD MEMBERSHIP EXPANSION ....... 7
SUBTITLE E. ANTI-MASK LAW REPEAL ........................................................................ 8
SUBTITLE F. LIMITATIONS ON CONSENT SEARCHES .............................................. 8
SUBTITLE G. MANDATORY CONTINUING EDUCATION EXPANSION;
RECONSTITUTING THE POLICE OFFICERS STANDARDS AND TRAINING
BOARD ...................................................................................................................................... 9
SUBTITLE H. IDENTIFICATION OF MPD OFFICERS DURING FIRST
AMENDMENT ASSEMBLIES AS LOCAL LAW ENFORCEMENT ............................ 11
SUBTITLE I. PRESERVING THE RIGHT TO JURY TRIAL ........................................ 11
SUBTITLE J. REPEAL OF FAILURE TO ARREST CRIME ......................................... 11
SUBTITLE K. AMENDING MINIMUM STANDARDS FOR POLICE OFFICERS .... 11
SUBTITLE L. POLICE ACCOUNTABILITY AND COLLECTIVE BARGAINING
AGREEMENTS ...................................................................................................................... 12
SUBTITLE M. OFFICER DISCIPLINE REFORMS ........................................................ 19

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SUBTITLE N. USE OF FORCE REFORMS ...................................................................... 13
SUBTITLE O. RESTRICTIONS ON THE PURCHASE AND USE OF MILITARY
WEAPONRY ........................................................................................................................... 14
SUBTITLE P. LIMITATIONS ON THE USE OF INTERNATIONALLY BANNED
CHEMICAL WEAPONS, RIOT GEAR, AND LESS-LETHAL PROJECTILES .......... 14
TITLE II. EXTENSION OF TIME FOR NON-CUSTODIAL ARRESTEES TO REPORT
....................................................................................................................................................... 15
TITLE III. FISCAL IMPACT STATEMENT; EFFECTIVE DATE ................................... 15

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “Comprehensive Policing and Justice Reform Congressional Review
Emergency Amendment Act of 2021”.

TITLE I. IMPROVING POLICE ACCOUNTABILITY AND TRANSPARENCY
SUBTITLE A. PROHIBITING THE USE OF NECK RESTRAINTS
Sec. 101. The Limitation on the Use of the Chokehold Act of 1985, effective January 25,
1986 (D.C. Law 6-77; D.C. Official Code § 5-125.01 et seq.), is amended as follows:
(a) Section 2 (D.C. Official Code § 5-125.01) is amended to read as follows:
“Sec. 2. The Council of the District of Columbia finds and declares that law enforcement
and special police officer use of neck restraints constitutes the use of lethal and excessive force.
This force presents an unnecessary danger to the public. On May 25, 2020, Minneapolis Police
Department officer Derek Chauvin murdered George Floyd by applying a neck restraint to Floyd
with his knee for 8 minutes and 46 seconds. Hundreds of thousands, if not millions, of people in
cities and states across the world, including in the District, have taken to the streets to peacefully
protest injustice, racism, and police brutality against Black people and other people of color.
Police brutality is abhorrent and does not reflect the District’s values. It is the intent of the
Council in the enactment of this act to unequivocally ban the use of neck restraints by law
enforcement and special police officers.”.
(b) Section 3 (D.C. Official Code § 5-125.02) is amended as follows:
(1) Paragraph (1) is repealed.
(2) Paragraph (2) is repealed.
(3) A new paragraph (3) is added to read as follows:
“(3) “Neck restraint” means the use of any body part or object to attempt to
control or disable a person by applying pressure against the person’s neck, including the trachea
or carotid artery, with the purpose, intent, or effect of controlling or restricting the person’s
movement or restricting their blood flow or breathing.”.
(c) Section 4 (D.C. Official Code § 5-125.03) is amended to read as follows:

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“Sec. 4. Unlawful use of neck restraints by law enforcement officers and special police
officers.
“(a) It shall be unlawful for:
“(1) Any law enforcement officer or special police officer (“officer”) to apply a
neck restraint; and
“(2) A