Legislative Privilege Amendment Act of 1999
Bill 13-85

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Councilmember David Catania introduced the following bill, which was referred to the Committee of the Whole

To amend the Legislative Privilege Act of 1975 to impose penalties on persons who fail to comply with or who impede compliance with subpoenas issued by the Council.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Legislative Privilege Amendment Act of 1999".

Sec. 2. Section 4 of the Legislative Privilege Act of 1975, effective June 8, 1976 (D.C. Law 1-65; D.C. Code §1-224), is amended to read as follows:

"(a) Whoever, corruptly or by threat or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any witness in any proceeding pending before the Council, or in connection with any inquiry or investigation being had by the Council, or any committee of the Council, or any joint committee of the Council; or whoever injures any party or witness in his person or property on account of his attending or having attended such proceeding, inquiry, or investigation, or on account of his testifying or having testified to any matter pending therein; or whoever willfully removes from any place, conceals, destroys, mutilates, alters, or by other means falsifies any documentary material which is the subject of a subpoena lawfully issued by the Council, or any committee of the Council; or whoever, corruptly, or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the Council, or the due and proper exercise of the power of inquiry under which such inquiry or the due and proper administration of the law under which such proceeding is being had before investigation is being had by the Council, or any committee of the Council, or any joint committee of the Council; shall be fined not more than $ l 0,000 or imprisoned not more than 5 years, or both.

"(b) Whoever refuses to appear upon being served a subpoena lawfully issued by the Council, or any committee of the Council, regardless of whether or not the Council, or any committee of the Council, refers the matter to the Superior Court for enforcement; or whoever endeavors to obstruct, or impede the due and proper administration of law in connection with a Council proceeding, or the due and proper exercise of the power of inquiry under which such inquiry or investigation is being had by the Council, or any committee of the Council, or any joint committee of the Council, shall be fined not more than $5,000 or imprisoned not more than 2 years, or both."

Sec. 3. Fiscal impact statement.

Sec. 4. This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 ( l 09 Stat. 116; D.C. Code §47-392.3(a)), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(1)), and publication in the District of Columbia Register.