Omnibus Public Safety Act of 2005, Bill 16-247

Bill 16-247	Summary of bill from Executive Office of the Mayor
PowerPoint presentation of bill from EOM	Press release from Mayor

Chairman Linda W. Cropp at the request of the Mayor

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To amend 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 to increase the number of locations designated as gun free zones, enhance the penalties for violations, replace the term "pistol" with firearm", amend the District o£ Columbia Uniform Controlled Substances Act of 1981 to increase the applicable gun free zones to include areas in and round housing owned, operated, or financially assisted by the District of Columbia Housing Authority; to amend the District of Columbia Theft and White Collar Crimes Act of 1982 to expand the enhancement provisions for crimes committed against the elderly to include any crime of violence; to amend the Interpreters for Hearing-Impaired and Non-English Speaking Persons Act of 1987 to except from the definition of a "communications impaired person" those who are able to communicate fluently in a language other than English with air officer who also speaks that same foreign language fluently, and to expand the list of those entities qualified to certify interpreters to include the United States Department of State and the Metropolitan Police Department; to amend the District of Columbia Law Enforcement Act of 1953 to create two levels of the offense of assault on a police officer to include a misdemeanor offense and a ten-year felony where bodily injury is involved, and to expand the definition of those police officers covered to include all law enforcement officers in the District of Columbia; to amend the Firearms Control Regulations Act of 1975 to enhance the penalties for possessing armor piercing ammunition to a term of 7-14 years imprisonment; to amend An Act To establish a code of law for the District of Columbia to create an enhanced offense of assault where bodily injury to the victim results; to amend 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, and section 23-1331(4) of the D.C. Official Code to conform the definitions of "crime of violence" in each, statute so that they are identical; to amend D.C. Official Code §16-1001(5) make it unlawful to stalk others, to make it unlawful to disable a telephone or other communication device that prevents a victim from summoning assistance and to provide criminal penalties therefor; to make it unlawful to recruit others into a criminal street gang, or to cause them to participate in or remain in such a street gang, to make it unlawful for anyone who is a member of a criminal street gang to participate in any felony or violent misdemeanor on behalf of the street gang, and to create misdemeanor criminal penalties for recruitment and felony penalties for engaging in a felony or violent misdemeanor on behalf of the street gang, to amend the Anti-Sexual Abuse Act of 1994 to make it unlawful for an adult in a significant relationship with a child to engage in sexual activity and to provide criminal penalties therefor, to make it unlawful to have sexual contact with patients or inmates, to make it unlawful for a person purporting to treat another to falsely represent that he or she is licensed as a particular type of professional, to amend section 23-1.13 of the District of Columbia Official Code to expand the applicable statute; of limitations to include offenses that are properly joinable with those listed therein; to amend An Act To provide for the mandatory reporting by physicians and institutions in the District of Columbia of certain physical, abuse of children to expands the list of individuals who must report child neglect, to add a requirement that child neglect be reported even when those required to report do not believe the information received, and to increase penalties for failure to report child neglect; to amend Title 16 of the District of Columbia Official Code to add a new Chapter 24 requiring that certain individuals must report incidents where children are victimized or appear to have been victimized, to conform the list of those required to report child victimization to those requited to report neglect, to require such individuals to immediately make oral reports to the Metropolitan Police Department: and written reports within 48 hours, to make those reporting child victimization immune from liability, to provide criminal penalties for willful failure to make a report when required to do so; to provide for enhanced criminal penalties of a fine or prison, or both, up to 1 1/2 times the maximum otherwise provided by law, for those adults who commit crimes of violence against minors and who are at least two years older than the minor, and to create a mandatory minimum prison term of 5 years for those offenders who commit such offenses while armed; to make it unlawful for an adult, being two or more years older than a minor, to cause the minor to engage in a delinquent act, and to provide criminal penalties on a graduated scale based upon egregiousness of conduct and repeat offenses; to amend section 23104 of the District of Columbia Official Code to permit either the United States Attorney's Office or the Office of the Attorney General for the District of Columbia to appeal a trial court order granting a new trial after verdict or judgment, arid to permit the Office of the Attorney General for the District of Columbia to appeal a decision or order releasing a juvenile charged with a delinquency offense, or a decision or order denying a motion for revocation of, or modification of, the conditions of release; to amend section 16-2301 of the District of Columbia Official Code to add a new section 16-2316.02 making it unlawful for any child who is released pending hearing to fail to appear for a scheduled hearing, to create a presumption that such failure to appear was willful, and to treat a finding of a child's willful failure to appear as a finding of need for care or rehabilitation for any underlying offenses; to amend An Act To establish a code of law for the District of Columbia to replace the phrase "6 months" with the phrase "180 days", and to make the presence of a person on property that is boarded-up or otherwise secured prima facie evidence that the person is there against the will of the person in legal possession of the property; to amend the District of Columbia Theft and White Collar Crimes Act of 1982 to make it unlawful to alter or remove motor vehicle identification numbers from motor vehicles or parts of motor vehicles, to provide criminal penalties based upon the value of the vehicle or part; to amend the District of Columbia Traffic Act of 1925 to impose a revocation of, or ineligibility to receive, an operator's permit for individuals convicted of an offense involving the use of a stolen vehicle or adjudicated a juvenile delinquent as a result of the commission of an offense involving the use of a stolen vehicle or where the individual was convicted of certain traffic offenses; to amend An Act For the suppression of prostitution in the District of Columbia to make it unlawful for any person to engage in or to solicit for prostitution, to amend all prostitution related statutes to define the terms "prostitution", "arranging for prostitution" and "soliciting for prostitution", to amend An Act To establish a code of law for, the District of Columbia to make it unlawful to secret or harbor a child from the custody and control of the child's parents or guardian, to amend An Act In relation to pandering, to define and prohibit the same and to provide for the punishment thereof to make it unlawful to cause another to engage in prostitution or related offenses, and to provide criminal penalties therefor; to permit the Chief of Police to declare any public area a prostitution free zone for a period not to exceed 120 consecutive hours, to make it unlawful for a person to congregate in a group of 2 or more persons within a prostitution free zone who thereafter fail to disburse after being told by a member of the Metropolitan Police Department who reasonably believes the person is congregating for the purpose of engaging in prostitution of related offenses; to make it unlawful for any person to install an electronic recording device in such manner as to surreptitiously observe individuals engaged in personal activities including sexual relations, changing clothes or use of a restroom, or to record any of those activities, to provide criminal penalties therefore, and to create exemptions for law enforcement, home security, or buildings where there is posted notice of such recording.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Omnibus Public Safety Act of 2005".

TITLE I. GUN VIOLENCE

Sec. 101, Short Title.

This title may be cited as the "Gun Violence Amendment Act of 2005".

Sec. 102. An act to control the possession, sate, 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 (47 State 651; D.C. 4 Official Code § 22-4501 et seq.) is amended as follows:

(a) Section 2a (D.C. Official Code § 22-4502.61(s)) is amended as follows:

(1) By striking the phrase "or youth center, or an event sponsored by any of the above entities shall he declared a gun free zone." and inserting in its place the phrase "youth center, public library, or in and around public housing as defined in section 3(1) of the United States Housing Act of 1937, approved August 22, 1974 (88 State 654; 42 U.S.C. § 1437a(b)), the development or administration of which is assisted by the United States Department of Housing and Urban Development, or in or around housing that is owned, operated, or financially assisted by the District of Columbia Housing Authority, or an event sponsored by any of the above entities shall be declared a gun free zone.".

(2) By striking the period at the end of subsection (b) and inserting in its place the phrase "and shall be sentenced to imprisonment for a mandatory minimum term of not less than 1 year and shall not be released from prison or granted probation or suspension of sentence, prior to serving the mandatory minimum sentence.".

(b) Section 3 (D.C. Official Code (22.4503) is amended as follows:

(1) By striking the word "pistol" wherever it appears and inserting the word "firearm" in its place.

(2) By striking the second sentence in subsection (b) and inserting in its place, the following sentence:

"Upon conviction of a violation of this section, the person maybe sentenced to imprisonment for a term not to exceed 10 years and shall be sentenced to imprisonment for a mandatory-minimum term of not less than 1 year and shall not be released from prison or granted probation or suspension of sentence prior to serving the mandatory minimum sentence.".

See. 103. Section 407a of the District of Columbia Uniform Controlled Substances Act of 1981, effective March 21, 1995 (D.C. Law 4-29; D.C. Official Code § 48-904.07a(a)) is amended by deleting the phrase "Department of Housing and Urban Development" and inserting the phrase "Department of Housing aid Urban Development, or in or around housing that is owned, operated, or financially assisted by the District of Columbia Housing Authority,".

TITLE II. VIOLENCE AGAINST SENIOR CITIZENS

Sec. 201. Short title.

This title may be cited as the "Anti-Violence Against Senior Citizens Amendment Act of 2005".

Sec. 202. Section 201(0) of the District of Columbia Theft and White Collar Crimes Act of 1982, effective December 1, 1982 (D.C. Law 4-164; D.C. Official Code § 22-3601(b)) is amended by striking the phrase "Robbery, attempted robbery; and inserting the phrase "Crimes of violence as that term is defined in D.C. Official Code § 23-1331(4)," in its place.

TITLE III. THE INTERPRETER ACT

Sec. 301... Short title.

This title may be cited as the "Interpreter Act Amendment Act of 2005".

Sec. 302. Section. 2 of the Interpreters for Hearing Impaired and Non-English Speaking Persons Act of 1987, effective January 29, 1988 (D.C. Law 7-62; D.C. Official Code § 2-1901) is amended as follows:

(a) Paragraph (2) is amended by adding after the word "English" the phrase ", except that for purposes of subsection (e) of section 3 (D.C. Official Code § 2-1902), a person is not communication-impaired if (A) he or she is hearing-impaired and is able to communicate in writing with any other person or in sign language with a person who signs, or (B) he or she speaks a language other than English and is able to communicate with a person who speaks the same language fluently.".

(b) Paragraph (5) is amended by striking the phrase "Office of Interpreter Services" and inserting in its place the phrase "Office of Court Interpreter Services, the United States Department of State, or the Metropolitan Police Department".

TITLE' IV. ASSAULT ON A. POLICE OFFICER

Sec. 401. Short title.

This title may be cited as the "Assault on a Police Officer Amendment Act of 2005".

Sec. 402. Section 2.05 of the District of Columbia Law Enforcement Act of 1953, approved June 29, 1953 (67 Stat. 95; D.C. Official Code 22-405), is amended to read as follows;

"Sec. 205. Assault on a member of a police force, campus, or university special police, or fire department.

"(a) It shall be unlawful, without justifiable and excusable cause, to assault, resist, oppose, impede, intimidate or interfere with., any of the following individuals while engaged in or on account of the performance of his or her official duties:

"(1) An officer or member of any police force operating in the District of Columbia;

"(2) A designated civilian employee of the Metropolitan Police Department;

"(3) A campus or university special police officer;

"(4) An officer or member of any fire department operating in the District of Columbia;

"(5) An officer or employee of any penal or correctional institution of the District of Columbia;

"(6) An officer or employee of the government of the District of Columbia charged with the supervision of juveniles being confined pursuant to law in any facility of the District of Columbia, whether such institution or facility is located within the District of Columbia or elsewhere;

"(7) An inspector, investigator, emergency medical technician or paramedic employed by the government of the District of Columbia;

"(8) An officer or employee of the Director of Social services, Court Services and Offender Supervision. Agency, or Pretrial Services Agency charged with intake, assessment, or community supervision; or

"(9) Any federal, state, county or municipal law enforcement officer authorized to act as a law enforcement officer in the District of Columbia,

"(b)(1) Except as set forth in paragraph (2) of this section, a person who violates subsection (a) shall be convicted of a misdemeanor and shall be imprisoned not more 4 than 180 days or fined not more than $1,000, or both.

"(2) A person who violates subsection (a) and causes bodily injury to the individual, or creates a grave risk of causing bodily injury to the individual, or uses an object to assault, resist, oppose, impede, intimidate or interfere with the individual shall be convicted of a felony and shall be imprisoned not more than l0 years or fined not more than $10,000, or both.

"(c) It is neither justifiable nor excusable cause for a person to use force to resist an arrest when such an arrest is made by an individual he or she has reason to believe is a law enforcement officer, whether or not such arrest is lawful.".

TITLE V. ARMOR PIERCING AMMUNITION

Sec. 501. Short Title.

This title may be cited as the "Police Protection. Act of 2005".

Sec. 502. Section 706 of the Firearms Control Regulations Act of 1975, effective September 24, 1976 (D.C. Law 1-85; D.C. Official Code § 7~2507.0(i), is amended by adding a new paragraph (3) to read as follows:

"(3) A person convicted of possessing restricted pistol bullets in violation of section 601(c)(3) (D.C. Official Code § 7-2506.01(3) may be sentenced to imprisonment for a term not to exceed 14 years and shall be sentenced to imprisonment for a mandatory-minimum term of not less than 7 years and shall not be released from prison or granted probation or suspension of sentence prior to serving the mandatory-minimum sentence, and in addition may be fined in an amount not to exceed $7000.00.".

TITLE VI. ENHANCED ASSAULT

Sec. 601. Short Title.

This title may be cited as the "Enhanced Assault Amendment At of 2005".

Sec. 602. Section 806(a) of An Act To establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1322; D.C. Official Code § 22-404), is amended to read as follows:

"(a) Whoever unlawfully assaults, or threatens another in a menacing mariner, shall:

"(1) be fined not more than $1,000 or be imprisoned not more than 180 days, or both, except that:

"(2) whoever intentionally, knowingly, or recklessly causes bodily injury to another shall be fined not more than $3,000 or be imprisoned not more than 3 years, or both.".

TITLE VII. CRIME OF VIOLENCE AMENDMENTS

Sec. 701. Short title.

This title may be cited as the "Crime of Violence Amendment Act of 2005".

Sec. 702. (a) Subsection (f) of section 1 of 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 (47 Stat. 650; D.C. Official Code § 22-4501(f)), is amended to read as follows:

"(f) "crime of violence," as used in this Act, means:

"(1) Abduction;

"(2) Aggravated assault;

"(3) An act of terrorism;

"(4) Arson;

"(5) Assault on a police officer;

"(6) Assault with a dangerous weapon;

"(7) Assault with intent to kill, commit first degree sexual abuse, second degree sexual abuse, or child sexual abuse;

"(8) Assault with intent to commit any other offense;

"(9) Burglary;

"(10) Carjacking;

"(11) Child sexual abuse;

"(12) Extortion or blackmail accompanied by threats of violence;

"(13) Gang recruitment, participation, or retention by the use or threatened use of force, coercion, or intimidation;

"(14) Kidnapping;

"(15) Malicious disfigurement;

"(16) Manslaughter;

"(17) Manufacture or possession of a weapon of mass destruction;

"(18) Mayhem;

"(19) Murder;

"(20) Robbery;

"(21) Sexual abuse in the first, second, and third degrees;

"(22) Use, dissemination, or detonation of a weapon of muss destruction; or
"(23) An attempt or conspiracy to commit any of the foregoing offenses.".

Sec. 703. Title 23 of the District of Columbia Official Code is amended as follows:

(a) Subsection (4) of section 23-1331 is amended to read, as follows:

"(4) The term "crime of violence," means:

"(A) Abduction;

"(B) Aggravated assault;

"(C) An act of terrorism;

"(D) Arson;

"(E) Assault on a police officer;

"(F) Assault with a dangerous weapon;

"(G) Assault with intent to kill, commit first degree sexual abuse, second degree sexual abuse, or child sexual abuse;

"(H) Assault with intent to commit any other offense;

"(I) Burglary;

"(J) Carjacking;

"(K) Child sexual abuse;

"(L) Extortion or blackmail accompanied by threats of violence;

"(M) Gang recruitment, participation, or retention by the use or threatened use of force, coercion, or intimidation;

"(N) Kidnapping;

"(O) Malicious disfigurement;

"(P) Manslaughter;

"(Q) Manufacture or possession of a weapon of mass destruction;

"(R) Mayhem;

"(S) Murder;

"(T) Robbery;

"(U) Sexual abuse in the first, second, and third degrees;

"(V) Use, dissemination, or detonation of a weapon of rr ass destruction; or

"(W) An attempt or conspiracy to commit any of the foregoing offenses as defined by any law of the District of Columbia, an Act of Congress, or any State law, if the offense is punishable by imprisonment for more than one year.".

TITLE VIII. INTRAFAMILY VIOLENCE

Sec. 801. Short title

This title may be cited as the "Domestic Violence Amendment Act of 2005".

Sec. 802. D.C. Official Code section 16-1001(5) is amended as follows:

(a) strike the period at the end of paragraph 5 and insert "; or" in its place; and

(b) add new subparagraphs (C) and (D) to read as follows:

"(C) who was or is married to, divorced or separated from, or in a romantic relationship, not necessarily including a sexual relationship, with, a person who was or is married to, divorced or separated from, or in a romantic relationship, not necessarily including a sexual relationship, with the offender; or

"(D) who had been stalked or is being stalked by the offender.".

Sec. 803. (a) It shall be unlawful for a person to disconnect, damage, disable, temporarily or permanently remove, or use physical force or intimidation to block access to any telephone, radio, or other electronic communication device with a purpose to obstruct, prevent, or interfere with:

(1) The report of any criminal offense to any law enforcement agency; or

(2) The report of any bodily injury or property damage to any law enforcement agency;

(b)(1) It is unlawful for any person who is a member of or actively participates in a criminal street gang to knowingly and willfully participate in any felony or violent misdemeanor committed for the benefit of, at the direction of, or in association with any other member or participant of that criminal street gang.

(2) A person convicted of a violation of this subsection shall be fined not more than $5,000 or imprisoned for not more than 5 years, or both.

(c)(1) It is unlawful for a person to use or threaten to use force, coercion, or intimidation against any persona or property, in order to:

(A) cause or attempt to cause an individual to:

(i) join a criminal street gang;

(ii) participate in activities of a criminal street gang;
(iii) remain as a member of a criminal street gang; or

(iv) submit to a demand made by a criminal street gang to commit a felony in violation of the laws of the District of Columbia, the United States, or any other state; or

(B) retaliate against an individual for a refusal to:

(i) join a criminal street gang;

(ii) participate in activities of a criminal street gang;

(iii) remain as a member of a criminal street gang; or

(iv) submit to a demand made by a criminal street gang to commit a felony in violation of the laws of the District of Columbia, the United states, or any other state.

(2) A person convicted of a violation of this subsection shall be fined not more than $10,000 or imprisoned for not more than 10 years, or both.

(d) A "criminal street gang" means an association or group of three or more persons that:

(1) has as a condition of membership or continued membership, the committing or submitting to a beating or asexual act or contact, or the violation of any criminal law;

(2) has as one of its purposes, the violation of criminal laws or police regulations of any jurisdiction; or
(3) without a legal right to do so, excludes or attempts to exclude any person or persons from a specific geographic area by violence, physical force, threats, coercion, or intimidation.

(e) The penalties under this section are in addition to any other penalties permitted by law.

TITLE X. SEXUAL ABUSE

Sec. 1001. Short title.

This title may be cited as the "Anti-Sexual Abuse Amendment Act of 2005".

Sec. 1002. The Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; D.C. Official Code § 22-3001, et seq.), is amended as follows:

(a) Section 101 (D.C. Official Code § 22-3001) is amended by adding a new subsection 5a to read as follows:

"(5a) "Minor" means a person who has not yet attained the age of'18 years or a person attending high school or its equivalent who has not yet attained the age of 19 years."

(b) Add a new section 208a to read as follows:

"Sec. 208a. First degree sexual abuse of a minor.

"Whoever, being 18 years of age or older, is in a significant relationship with a minor, and engages in a sexual act with that minor or causes that minor to engage in a sexual act shall be imprisoned for not more than 15 years and may be fined in an amount not to exceed $150,000, or both."

"Sec, 208b, Second degree sexual abuse of a minor.

"Whoever, being 18 years of age or older, is in a significant relationship with a minor and engages in a sexual contact with that minor or causes that minor to engage in a sexual contact shall be imprisoned for not more than 7 1/2 years and may be fined in an amount not to exceed $75,000, or both.".

(d) Section 209 (D.C. Official Code § 22-3010) is amended to read as follows:

"Sec. 209. Enticing a child or minor.

"(a) Whoever, being at least 4 years older than a child or being in a significant relationship with a minor, (1) takes that child or minor to any place for the purpose of committing any offense set forth in sections 201-205 (D.C. Official Code §§ 22-3002 to 22-3006) and 207-209 (D.C. Official Code §§ 22-3008 to 22-3009.02), or (2) seduces, entices, allures, convinces or persuades or attempts to seduce, entice, allure, convince or persuade a child or minor to engage in a sexual act or contact shall be imprisoned for not more than 5 years or may be fined in an amount not to exceed $50,000, or both.

"(b) Whoever attempts:

"(1) To seduce, entice, allure, convince, or persuade any person whom the actor believes is a child or minor to engage in a sexual act or contact, or

"(2) to entice, allure, convince, or persuade any person the actor believes is a child or minor to go to any place for the purpose of engaging in a sexual actor contact shall be imprisoned for not more than 5 years or may be fined in an amount not to exceed $50,000, or both.".

(e) Add a new section 209a to read as follows:

"Sec. 209a. Misdemeanor Sexual Abuse of a Child or Minor.

"(a) Whoever, being 18 years of age or older and more than 4 years older than a child, or being in a significant relationship with a minor, engages in sexually suggestive conduct with that child or minor shall be imprisoned for not more than 180 days, or fined in an amount not to exceed $1,000 or both.

"(b) "Sexually suggestive conduct" means engaging in any of the following acts in a way which is intended to cause Or reasonably causes fear, humiliation, degradation, or mental anguish to the child or minor, or the sexual arousal or sexual gratification of any person:

"(1) touching a child or minor inside his or her clothing,

"(2) placing an object inside a child or minor's clothing;
"(3) touching a child or minor inside or outside his or her clothing close to the genitalia, anus, breast, or buttocks,

"(4) placing one's tongue in the mouth of the child or minor, or

"(5) touching one's own genitalia or that of a third person,"

(f) Amend section 210 (D.C. Official Code § 22-3007) as follows:

(1) Add the phrase "and Sexual Abuse of a Minor" after the word "abuse" in the section heading; and

(2) Strike the number "209" (D.C. Code § 22-3010) wherever it appears and insert the phrase "209a" in its place.

(g) Section 212 (D.C. Official Code §§ 22-3013) is amended to read as follows:

"Sec. 212. First degree sexual abuse of a ward.

"Any staff member, employee, contract employee, consultant, or volunteer at a hospital, treatment facility, detention or correctional facility, group home, or other institution; anyone who is an ambulance driver or attendant,, a bus driver or attendant, or person who participates in the transportation of a ward, patient, client, or prisoner to and from such institutions; or any official custodian of a ward, patient, client, or prisoner, who engages in a sexual act with a patient, client, or prisoner, or causes a patient, client, or prisoner, to engage in or submit to a sexual act shall be imprisoned for not more than 10 years or fined in an amount not to exceed $100,000 or both.".

(h) Section 213 (D.C. Official Code §§ 22-3014) is amended to read as follows:

"Sec. 213. Second degree sexual abuse of a ward.

"Any staff member, employee, contract employee, consultant, or volunteer at a hospital, treatment facility, detention or correctional facility, group home, or other institution; anyone who is an ambulance driver or attendant„ a bus driver or attendant, or person who participates in the transportation of a ward, patient, client, or prisoner to and from such institutions; or any official custodian of a ward, patient, client, or prisoner, who engages in a sexual contact with a patient, client, or prisoner, or causes a patient, client, or prisoner, to engage in or submit to a sexual contact shall be imprisoned for not more than 5 years or fined in an amount not to exceed $50,000 or both,".

(i) Section 214(a) (D.C. Official Code § 22-3015) is amended by striking the word "or" at the end of paragraph (1), inserting the word "or" at the end of paragraph (2), and inserting a new paragraph (3) to read as follows:

"(3) The actor represents falsely that he or she is licensed as a particular type of professional.".

(j) Section 215(a) (D.C. Official Code § 22-3016) is amended by striking the word "or" at the end of paragraph (1), inserting the word "or" at the end of paragraph (2), and inserting a new paragraph (3) to read as follows:

"(3) The actor represents falsely that he or she is licensed as a particular type of professional.".

Sec. 1003, Section 23-113 of the D.C. Official Code, as amended by the "Felony Sexual Assault Statute of Limitations Art of 2004", signed by the Mayor on November 30, 2004 (D.C. Act 15-634, 52 DCR 1178), is amended as follows:

(a) Subsection (a)(2) is amended by adding the phrase "and any offense that is properly joinable with any of the following crimes" after the phrase "A prosecution for the following crimes",

(b) Subsection (a)(3) is amended by adding the phrase "and any offense that is properly joinable with any of the following crimes" after the phrase "A prosecution for the following crimes".

TITLE XI. MANDATORY REPORTING OF CHILD ABUSE OR NEGLECT

Sec. 1101. Short Title,

This title may be cited as the "Mandatory Reporting of Child Abuse or Neglect Amendment Act of 2005".

Sec. 1102. An Act To provide for the mandatory reporting by physicians and institutions in the District of Columbia of certain physical abuse of children, approved November 6, 1966 (80 Stat. 1354; D.C. Official Code § 4-1.321.01. et seq. (2001)), is amended as follows:

(a) Subsection (a) of section 2 (D.C. Official Code § 4-1321.02(a) (2001)) is amended to read as follows:

"(a) Notwithstanding § 14-307, any person specified in subsection (b) of this section who knows or has reasonable cause to suspect that a child known to him or her in his or her professional or official capacity has been, or is in immediate danger of being, an abused or neglected child, as defined in § 16-2301(9), or is told by a child or a witness, that the child has been abused or neglected, whether or not the person believes the child or witness, shall immediately report or have a report made of such knowledge, information or suspicion to either the Metropolitan Police Department of the District of Columbia or the Child Protective Services Division of the Department of Human Services.".

(b) Section 2(b) (D.C. Official Code § 4-1321.02(b) (2001)) is amended as follows:

(1) Add the phrase "Child and Family Services Agency employees, agents and contractors;" after the word "include" in the first sentence;

(2) Add the phrase "District of Columbia Housing Authority Police Department officer" after the phrase "law enforcement officer," in the first sentence;

(3) Add the phrase "school employee, athletic coach, Department of Parks and Recreation employee, public housing resident manager," after the phrase "school official" in the first sentence.

"(2) Make a written report to the Metropolitan Police Department within 48 hours if requested to do so by said Division or Police or if the abuse, involves drug-related activity.".

(d) Section 7 (D.C. Official code § 4-1321.07 (2001)) is amended as follows:

(1) Strike the number "100" and insert the number "300" in its place;

(2) Strike the number "30" and insert the number "90" in its place.

TITLE XII. MANDATORY REPORTING OF CRIMES AGAINST CHILDREN

Sec. 1201. Short Title.

This title may be cited as the "Failure to Report. Child Victimization Act of 2005."

Sec. 1202. Title 16 of the District of Columbia Official Code is amended as follows:

(a) The table of contents for the title is amended by adding the phrase "24. Failure to Report Child Victimization . . . . . Section 16-2401", after the phrase "23, Family Division Proceedings . . . . . Section 16-2301".

(b) A new table of contents is added to read as follows:

"Chapter 24

"Section 16-2401. . . . . Purpose.

"Section 16-2402 . . . . . Definitions.

"Section 16-2403 . . . . . Persons required to make reports; procedure.

"Section 16-2404 . . . . . Nature and contents of reports.

"Section 16-2405 . . . . . Immunity from liability.

"Section 16-2406 . . . . . Failure to make report.

"§ 16-2401. Purpose.

"It is the purpose of this chapter to require a report of criminal victimization of a child in order to identify children who are in nerd of services, to aid in the prosecution of individuals who harm children, and to reduce the overall amount of crime directed at children.

"§ 16-2402. Definitions.

"As used in this chapter -

"(a) The term "child" means any person under 18 years of age.

"(b) The term "victimized" or "victimization" means that the child

"(1) has been the victim of "sexual abuse" or "attempted sexual abuse," as those acts are defined in the Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; D.C. Official Code §§ 22-3001 et seq.);

"(2) was assisted, supported, caused, encouraged, commanded, enabled, induced, facilitated, or permitted to become a prostitute as that term is defined in the Control of Prostitution and Sale of Controlled Substances in Public Places Criminal Control Act of 1981, effective December 10, 1981 (D.C. Law 4-57; D.C. Official Code § 22-2701.01); or

"(3) has an injury caused by a bullet; or has r injury caused by a knife or other sharp object which has been caused by other than accidental means, including any injury which appears to be at variance with the explanation given for the injury.

"(c) The term "persons who are required to report" includes every Child and Family Services Agency employee, agent or contractor; every physician, psychologist, medical examiner, dentist, chiropractor, registered nurse, licensed practical nurse, person involved in the care and treatment of patients, Metropolitan Police Department officer, District of Columbia Housing Authority Police Department officer, school official, school employee, athletic coach, Department of Parks and Recreation employee, public housing resident manager, teacher, social service worker, day care worker, firefighter or emergency medical technician, mental. health professional and any health professional licensed pursuant to Chapter 12 of Title 3.

"§ 16-2403. Persons required to make reports; procedure.

"(a) Notwithstanding § 14-307, any person specified in subsection (b) of this section who knows or has reasonable cause to suspect that a child known to him or her in his or her professional or official capacity has been, or is in immediate danger of being victimized, or is told by a child or a witness that the child, or any child, has been victimized, whether or not the person believes the child or witness, shall immediately report or have a report made of such knowledge, information or suspicion to the Metropolitan Police Department of the District of Columbia.

"(b) Whenever a person is required to report in his or her capacity as a member of the staff of a hospital, school, social agency or similar institution, he or she shall immediately notify the person in charge of the institution or his or her designated agent who shall then be required to make the report. The fact that such a notification has been made does not relieve the person who was originally required to report from his or her duty under subsection (a) of this section of having a report made promptly to the Metropolitan Police Department of the District of Columbia.

"(c) In addition to those persons who are required to make a report, any other person may make a report to the Metropolitan Police Department of the District of Columbia.

"§.16-2404. Nature and contents of reports.

"(a) Each persona required to make a report of a known or suspected child victimization shall:

"(1) Immediately make an oral report of the child victimization to the Metropolitan Police Department of the District of Columbia; and

"(2) Make a written report to the Metropolitan Police Department within 48 hours of the discovery of alleged victimization of a child.

"(b) The report shall include, but need not be limited to, the following information if it is known to the person making the report:

"(1) The name, age, sex, and address of the following individuals:

"(A) The child who is the subject: of the report;

"(B) Each of the child's siblings; and

"(C) Each of the child's parents or other persons responsible for the child's care.

"(2) The nature and extent of the child victimization;

"(3) All other information which the person making the report believes may be helpful in establishing the occurrence of a criminal offense including the identity of the person responsible for the child victimization; and

"(4) If the source was required to report under this subchapter, the identity and occupation of the source, how to contact the source and a statement of the actions taken by the source concerning the child.

"§ 16-2.405. Immunity from liability.

"Any person, hospital, or institution participating in good faith in the making of a report pursuant to this subchapter shall have immunity from liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making of the report. Any such participation shall have the same immunity with respect to participation in any judicial proceeding involving the report. In all civil or criminal proceedings concerning the child or resulting from the report, good faith shall he presumed unless rebutted.

"§ 16-2405. Failure to make a report.

"Any person required to make a report under this subchapter who willfully fails to make such a report shall be fined not more than $ 500 or imprisoned for not more than 180 days, or both. Violations of this subchapter shall be prosecuted by the Attorney General for the District of Columbia in the name of the District of Columbia.".

TITLE XIII. ENHANCED PENALTIES FOR CRIMES AGAINST CHILDREN

Sec. 1301. Short title.

This title may be cited as the "Anti-Violence Against Juveniles Act of 2005".

Sec. 1302. Offenses Committed Against Minors.

(a) Any adult, being at least two years older than a minor, who commits a crime of violence against that minor may be punished by a fine of up to 1 1/2 times the maximum fine otherwise authorized for the offense and may be imprisoned for a term of up to 1 1/2 times the maximum term of imprisonment otherwise authorized for the offense, or both, and, if the crime of violence is committed while armed, shall be sentenced to imprisonment for a mandatory minimum term of not less than 5 years and shall not be released on supervised release or granted probation or suspension of sentence, prior to serving, the mandatory minimum sentence.

(b) For purposes of this act:

(1) The term "adult" means a person 18 years of age or older at the time of the offense; and

(2) The term "minor" means a person under 18 years of age at the time of the offense.

TITLE X1V. CONTRIBUTING TO THE DELINQUENCY OF A MINOR

See. 1401. Short title.

This title may be cited as the "Contributing to the Delinquency of a Minor Act of 2005".

Sec. 1402. (a) It is unlawful for an adult, being two or more years older than a minor, to invite, solicit, recruit, assist, support, cause, encourage, enable, induce, advise, incite, facilitate, permit, or allow the minor to:

(1) Be truant from school;

(2) Possess or consume alcohol or, without a valid prescription, a controlled substance;

(3) Run away from the place of abode of his or her parent, guardian or other custodian;

(4) Violate a court order;

(5) Violate the criminal laws of the District of Columbia, the United States or any state; or

(6) Join an organization, association, or group of throe or more persons that:

(A) Has as a condition of membership or continued membership the committing or submitting to a beating or a sexual act or contact, or the violation of any criminal law; or

(B) Has as one of its purposes the violation of the criminal laws of the District of Columbia, the United States or any state; or

(C) Without a legal right to do so, excludes or attempts to exclude any person or persons from a specific geographic area by violence, physical force, threats, or intimidation.

(b) For purposes of this title the term:

(1) "Adult" means a person 18 years of age or older at the time of the offense; and

(2) "Minor" means a person under 18 years of age at the time of the offense.

(c)(1) Except as set forth in paragraphs (2) through (5) of this subsection, a person convicted of violating subsection (a)(1)-(4) of this section shall be fined not more than $1,000, or imprisoned for not more than 180 days, or both.

(2) A person convicted of violating subsection (a)(1)-(4) of this section, having previously been convicted of an offense under subsection (a)(1)-(4) of this section or a substantially similar offense in any other jurisdiction shall be fined not more than $3,000 or imprisoned for not more than 3 years, or both.

(3) A person convicted of violating subsection (a)(5)-(6) of this section or a person convicted under subsection (a)(1)-(4) of this section that results in $250 or more in damage to property, shall be fined not more than $5,000 or imprisoned for not more than 5 years, or both.

(4) A person convicted of violating subsection (a) of this section that results in bodily injury to the minor or any other person, shall be fined not more than $10,000 or imprisoned for not more than 10 years, or both.

(5) A person convicted of violating subsection (a) of this section that results in the death of the minor or any other person shall be fined not more than $30,000 or imprisoned for not more than 30 years, or both.

(d) The penalties under this section are in addition to any other penalties permitted by law.

(e) It is not a defense to a prosecution under this section that the minor does not engage in, is not charged with, is not adjudicated delinquent, or is not convicted as an adult, for any conduct set forth in subsection (a)(1)-(6).

(f) It is a defense to a prosecution under subsection (a)(4) that the person assisted, supported, caused, encouraged, enabled, induced, facilitated, permitted, or allowed a minor to run away if:

(1) (A) the parent, guardian, or other custodian of the minor engaged in an act or omission that would constitute a violation, of any criminal law of the District against the minor or another person in the household; or

(B) the minor or another minor in the household is a neglected child as this term is defined in D.C. Official Code § 16-2301(9), and

(2) A report is immediately made to the Metropolitan Police Department or the Child and Family Services Agency pursuant to section 2 of An Act to provide for the mandatory reporting by physicians and institutions its the District of Columbia of certain physical abuse of children, approved November 6, 1966 (80 Stat. 1354; D.C. Official Code § 4-1321.02).

(g) The Attorney General for the District of Columbia or his assistants shall prosecute a violation of subsection (a) for which the penalty is set forth in subsection (c)(1).

TITLE XV. GOVERNMENT APPEALS

Sec. 701. Short title.

This title may be cited as the "Government Appeals Amendment Act of 2005".

Sec. 702, Chapter 1 of Title 23 of the District of Columbia Official Code is amended as follows;

(a) Section 23-104 is amended by adding new subsections (d..1) and (d-2) to read as follows:

"(d-1) In a criminal case the United States or the District of Columbia may appeal an order of a trial court granting a new trial after verdict or judgment, as to any one or more counts, or any part thereof, except that no appeal shall lie where the double jeopardy clause of the United States Constitution prohibits further prosecution.

"(d-2) In a criminal case the United States or the District of Columbia may appeal a decision or order entered by the trial court granting the release of a person charged with or convicted of an offense, the denial of a motion for revocation of release, or modification of the conditions of release, or a decision or order grafting release.".

(b) Section 23-104 (e) is amended by striking the phrase "subsection (b) or (d)" and inserting the phrase "subsection (b), (d), (d-1), or (d-2)"in its place.

"(f) Pending the prosecution and determination of an appeal taken pursuant to this section, the defendant shall be detained or released in accordance with chapter 13 of this title and a juvenile respondent shall be detained or released in accordance with chapter 23 of title 16.".

TITLE VI. CHILD'S WILLFUL FAILURE TO APPEAR FOR BEARING

Sec. 1601. Short title.

This title may be cited as the "Juvenile Failure to Appear Offense Act of 2005".

Sec. 1602, Chapter 23 of Title 16 of the District of Columbia Official Code is amended as follows.

(a) The table of contents is amended by adding the phrase "16-2316.02. Offense for failure to appear at hearings." after the phrase "16-2301.01. Purpose."

(b) A new section 16-23 16.02 is added to read as follows:

"§ 16-2316.02. Offense for failure to appear at hearings.

"(a) Any child who is released pursuant to section 16-231.1, section 16-2312, or otherwise by the Division or the Director of Social Services in a delinquency matter, and who willfully fails to appear before any court or judicial officer as re quired shall have committed a delinquent act.
"(b) Any failure to appear after notice of the appearance date, shall be prima facie evidence that such failure to appear was willful. Whether the person was warned at the time of release of the penalties for failure to appear shall be a factor in determining whether such failure to appear was willful, but the giving of such warning shall not be a prerequisite to conviction under this section.

"(c) The Division may find that the allegation that the child willfully failed to appear before a court or judicial officer has been established by proof beyond a reasonable doubt. under this section even if the respondent has not received actual notice of the appearance date if:

"(1) reasonable efforts to notify the respondent have been made, and

"(2) the respondent, by his or her own actions, has frustrated the receipt of actual notice.

"(d) A finding of the commission of willful failure to appear for a delinquency hearing shall sustain a finding of need for care or rehabilitation for both the failure to appear as well as the underlying offense(s).".

TITLE XVII. UNLAWFUL ENTRY ON VACANT PROPERTY

Sec. 1701. Short title.

This title may be cited as the "Boarded-Up Vacant Property Permissive Inference of Unlawful Entry Act of 2005".

Sec. 1702. Section 824 of An Act To Establish A Code of Law for the District of Columbia, approved March 3, 1901 (31 Stat. 1324; D.C. Code § 22-3302), is amended by striking the phrase "6 months" and inserting the phrase "180 days" in its place, and by adding a new sentence at the end to read as follows:

"The presence of a person in any private dwelling, building or other property that is otherwise vacant and boarded-up or otherwise secured or displays a no trespassing sign, shall be prima facie evidence that any person found in such property has entered against the will of the person in legal possession of the property."

TITLE XVIII. MOTOR VEHICLE THEFT

Sec. 1801. Short title.

This Title may be cited as the "Vehicle Identification Number Tampering and Theft Prohibition Act of 2005".

Sec. 1802. The District of Columbia Theft and White Collar Crimes Act of 1982, effective December 1, 1982 (D.C. Law 4-164; D.C. Official Code §22-3201 et seq.), is amended by adding a new section 133 to read as follows:

"Sec. 133. Altering or removing motor vehicle identification numbers.
"(a) It is unlawful for a person to knowingly remove, obliterate, tamper with, or alter any identification number.

"(b)(1) Any person who violates subsection (a) shall be guilty of a misdemeanor if the value of the motor vehicle or motor vehicle part is less than $250 and, upon conviction, shall be imprisoned for not more than 180 days, or fined not more than $1,000, or both.

"(2) Any person who violates subsection (a) shall be guilty of a felony if the value of the motor vehicle or motor vehicle part is $250 or more and, upon conviction shall be imprisoned for not more than 5 years, or fined not more. than, $5000, or both.

"(c) As used in this section, the term:

"(1) "Identification number" means a number or symbol that is originally inscribed or affixed by the manufacturer to a motor vehicle or motor vehicle part for purposes of identification;

"(2) "Motor vehicle" means any automobile, self-propelled mobile home, motorcycle, motor scooter, truck, truck tractor, truck semi trailer, truck trailer, bus or other vehicle propelled by an internal-combustion engine, electricity, or steam, including any non-operational vehicle that is being restored or repaired.".

TITLE XIX. DRIVER'S LICENSE REVOCATION AND DISQUALIFICATION

Sec. 1901. Short title

This title may be cited as the "Motor Vehicle and Drug Offense Driving Privileges Revocation and Disqualification Amendment Act of 2005".

Sec. 1902. Section 13a of the District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat. 1125; D.C. Official Code § 50-1403.02), is amended to read as follows:

"Sec. 13a. Revocation and disqualification of motor vehicle operator's permit.

"(a) The Mayor shall revoke, in the absence of compelling circumstances warranting an exception, the motor vehicle operator's permit of a District resident, or the privilege to operate a motor vehicle in the District of a nonresident, convicted of or adjudicated delinquent as a result of:

"(1) The commission of a drug offense;

"(2) The commission of a stolen vehicle offense;

"(3) Failure to yield to a pedestrian (D.C. Official Code. § 50-2201.28);

"(4) Failure to obey a traffic order (18 DCMR 2000), while operating a motor vehicle; or

"(5) Fleeing police (Fleeing Law Enforcement Prohibition Emergency Amendment Act of 2004, effective July 19, 2004 (D.C. Act 15-498) and any substantially identical successor law).

"(b) The Mayor may delay issuance of an operator's permit by disqualifying anyone not already in possession of a valid operator's permit when such individual is convicted of or adjudicated delinquent as a result of:

"(1) The commission of a drug offense;

"(2) The commission of a stolen vehicle offense;

"(3) Reckless driving (D.C. Official Code § 50-2201.04);

"(4) Leaving after colliding - personal injury (E .C. Official Code §50-2201.05(a));

"(5) Fleeing police (Fleeing Law Enforcement Prohibition Emergency Amendment Act of 2004, effective July 19, 2004 (D.C. Act 15-495) and any substantially identical successor law);

"(6) Operating without a permit (D.C. Official code § 50-1401.01(d)) or (D.C. Official Code § 50-1401.02(i)) (non-residents);

"(7) Driving while intoxicated and driving under th e influence (D.C. Official Code § 50-2201.05(b)(1));

"(8) Operating while impaired (D.C. Official Code § 50-2201.05(b)(2));

"(9) Operating vehicle after revocation or suspension of operator's Permit (D.C. Official Code § 50-1403.01);

"(10) Failure to yield to a pedestrian (D.C. Official Code § 50-2201.28);
^"(11) Speeding 30 miles per hour in excess of the limit (18 DCMR 2200.12); or

"(12) Failure to obey a traffic order (18 DCMR 2000), while operating a motor vehicle.

"(c) In all cases where a person is convicted or adjudicated delinquent of any of tlie offenses set forth in subsections (a) and (b) of this section, the revocation period or disqualification period, whichever is applicable, shall commence on the later of:

"(1) The date of conviction or adjudication if the person is imprisoned as a result of the conviction or adjudication;

"(2) The person's 16th birthday if the conviction or adjudication occurs before the person is 16 years of age; or

"(3) The date that a person over 16 Years of' age becomes eligible to have driving privileges restored if such privileges have previously been revoked or suspended.

"(d) The revocation or disqualification period referenced in subsection (c) of this section shall, for any offense set forth in subsections (a) and (b) of this section, be:

"(1) 6 months for a first time violation of any offense set forth in subsections (a) and (b);

"(2) 1 year for a second violation; or

"(3) 2 years far each subsequent violation.

"(e) A copy of the conviction or adjudication shall be forwarded by the court to the Mayor, along with the offender's social security number or operator's permit number, together with a copy of the operator's permit.

"(f) For the purposes of this section, the term:

(1) "Drug offense" means the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the possession of which is prohibited under the Comprehensive Drug Abuse Prevention and Control Act of 1970 (2.l U.S.C. § 801 et seq.), the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code § 48-901 et seq.), or the law of any state, territory, or possession of the United States;

(2) "Stolen vehicle offense" means:

"(A) A theft of a motor vehicle in violation of section 111 of the District of Columbia Theft and White Collar Crimes Act of 1982, ef fective December 1, 1982 (D.C. Law 6-164; D.C. Official Code § 22-3211);
(B) The unauthorized use of a motor vehicle in violation of section 115 of the District of Columbia Theft and White Collar Crimes Act of 1982, effective December 1, 1982 (D.C. Law 6-164; D.C, Official Code § 22-3215); or

"(C) Trafficking in or receiving a stolen motor vehicle in violation of sections 131 or 132 of the District of Columbia Theft and White Collar Crimes Act of 1982, effective December 1, 1982 (D.C. Law 6-164; D.C. Official Code §§ 22-3231 or 22-3232).".

"(g) The Mayor may issue rules, through the Department of Motor Vehicles, to implement the provisions of this act and to establish any additional disqualifying offenses under subsection (b).".

TITLE XX. PROSTITUTION.

Sec. 2001. Short title.

This title may be cited as the "Anti-Prostitution Amendment Act, of 2005".

Sec. 2002. Definitions.

For purposes of An Act For the suppression of prostitution in the District of 20 Columbia, approved August 15, 1935 (49 Stat. 651; D.C. Official Code § 22-2701 et seq.); the Control of Prostitution and Sale of Controlled Substances i n Public Places Criminal Control Act of 1981, effective December 10, 1981, (D.C. Law 4-57; D.C. Official Code § 22.2701.01); An Act To establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat 1322; D.C. Official Code § 22-2704); An Act In relation to pandering , to define and prohibit the same and to provide for the punishment thereof, approved June 2, 1910 (36 Stat 833; D.C. Official Code § 22-2705 et seq.); An Act To enjoin and abate houses of lewdness, assignation, and prostitution; to declare the same to be nuisances; to enjoin the person or persons who conduct or maintain the same and the owner or agent of any building used for such purpose, and to assess a tax against the person maintaining said nuisance and against the building and owner thereof, approved February 7, 1914 (38 Stat. 280, D.C. Official Code § 22-2713 et seq.); and An Act To confer concurrent jurisdiction on the police court of the District of Columbia in certain cases, approved July 16, 1912 (37 Stat.192; D.C. Official Code § 22-2722) the term;

(1) "Prostitution" means a sexual act or contact with another person in return for giving or receiving a fee;

(2) "Arranging for prostitution" means any act to procure or attempt to procure or otherwise arrange for the purpose of prostitution, regardless of whether such procurement or arrangement occurred or a fee was paid; and

(3) "Solicit for prostitution" means to invite, entice, offer, persuade, or agree to engage in prostitution or address for the purpose of inviting;, enticing, offering, persuading or agreeing to engage in prostitution.

Sec. 2003. Section 1 of An Act For the suppression of prostitution in the District of Columbia, approved August 15, 1935 (49 Stat. 651; D.C. Official Code § 22-2701 et seq.), is amended to read as follows:

"Sec. 1. It is unlawful for any person to engage in prostitution or to solicit for prostitution. The penalties for violation of this section shall be a fine of $500 and no less than 1 day but no more than 90 days imprisonment for the first offense, a fine of $750 and no less than 1 day but no more than 135 days imprisonment for the second offense, and a fine of $1,000 and no less than 1 day but no more than 180 days imprisonment for the third and each subsequent offense. Any person convicted of a violation of this section may be sentenced to community service as an alternative to, but not :in addition to, any term of imprisonment authorized by this section.".

Sec. 2004. Section 2 of the Control of Prostitution and Sale of Controlled Substances in Public Places Criminal Control Act of 1981, effective December 10, 1981 (D.C. Law 1-57; D.C. Official Code § 22-2701.01) is repealed.

Sec. 2005. Section 813 of An Act To establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1322; D.C. Official Code § 22-2704), is amended to read as follows:

"(a) It is unlawful for any person, for purposes of prostitutio n, to:

"(1) persuade, entice, or forcibly abduct a child under 18 years of age from his or her home or usual abode, or from the custody and control of t he child's parents or guardian; or
"(2) secret or harbor any child so persuaded, enticed, or abducted from his or her home or usual abode, or from the custody and control .of the child's parents or guardian.

"(b) A person who violates subsection (a) shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 20 years or by a fine of not more than $20,000, or both.".

Sec. 2006. An Act In relation to pandering, to define and prohibit the same and to provide for the punishment thereof, approved June 25, 1910 (36 Stat. 833; D.C. Official Code § 22-2705), is amended as follows:

(a) Section 1 (D.C. Official Code § 22-2705) is amended to read as follows:

"(a) It is unlawful for any person, within the District of Columbia to:

"(1) place or cause, induce, entice, procure, or compel the placing of any individual in the charge or custody of any other person; or in a house of prostitution, with intent that such individual shall engage in prostitution;

"(2) cause, compel, induce, entice, or procure or attempt to cause, compel, induce, entice, or procure any individual -

"(A) to reside with any other person for immoral purposes or for the purpose of prostitution;

"(B) to reside or continue to reside in a house of prostitution; or

"(C) to engage in prostitution; or

"(3) take or detain an individual against the individual's will, with intent to compel such individual by force, threats, menace, or duress to marr y the abductor or to marry any other person.

"(b) It is unlawful for any parent, guardian, or other person having legal custody of the person of an individual, to consent to the individual's being taken, detained, or used by any person, for the purpose of prostitution or sexual intercourse.

"(c)(1)Except as set forth in paragraph (2) of this subsection, a person who violates subsection (a) or (b) of this section shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 5 years or by a fine of not more than $5,000, or both.

"(2) A person who violates subsection (a) or (b) when the individual so placed, caused, compelled, induced, enticed, procured, taken, detained, or used or attempted to be so placed, caused, compelled, induced, enticed, procured, taken, detained, or used is under the age of 18 years shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 20 years or by a fine of not more than $20,000, or both.".

(b) Section 2 is amended to read as follows:

"(a) It is unlawful for any person, within the District of Columbia, by threats or duress, to detain any individual against such individual's will, for the purpose o f prostitution or sexual intercourse, or to compel any individual against such individual's will, to reside with him or her or with any other person for the purposes of prostitution or sexual intercourse.

"(b)(1) Except as set forth in paragraph (2) of this subsection, a person who violates subsection (a) of this section shall be guilty of a felony and, upon conviction shall be punished by imprisonment for not more than 5 years or by a fine of not more than $5,000, or both.

"(2) A person who violates subsection (a) when the individual so detained or compelled is under the age of 18 years shall be guilty of a felony and, upon conviction shall be punished by imprisonment for not more than 20 years or by a fine of not more than $20,000, or both,"

"(a) It is unlawful for any person, within the District of Columbia, to receive any money or other valuable thing for or on account of arranging for of causing any individual to engage in prostitution or a sexual act or contact.
"(b)(1) Except as set forth in paragraph (2) of this subsection, a person who violates subsection (a) of this section shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 5 years or by a fine of not more than $5,000, or both.

"(2) A person who violates subsection (a) of this section when the individual so arranged for or caused to engage in prostitution or a sexua1 act or contact is under the age of 18 years shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than 20 years or by a fine of not more than $20,000, or both.".

TITLE XXI. PROSTITUTION FREE ZONES

Sec. 2101. Short title

This title may be cited as the "Prostitution Free Zone Act of 2005". 1

Sec. 2102. Definitions.

For the purposes of this act, the term:

(1) "Chief of Police" means the Chief of the Metropolitan Police Department as the designated agent of the Mayor.

(2) "Disperse" means to depart from the designated prostitution free zone and not to reassemble within the prostitution free zone with anyone from the group ordered to depart for the duration of the zone.

(3) "Prostitution free zone" means public space on public property in an area not to exceed a square of 1000 feet on each side that is established pursuant to section 2103.
(4) "Prostitution-related offenses" means those crimes and offenses defined in An Act For the suppression of prostitution in the District of Columbia, approved August 15, 1935 (49 Stat. 651; D.C. Official Code § 22-2701 et seq.); section of the Control of Prostitution and Sale of Controlled Substances in Public Places Criminal Control Act of 1981, effective December 10, 1981 (D.C. Law 4-57; D.C. Official Code § 22-2701.01); section 813 of An Act To establish a code o f law for the District of Columbia, approved March 3, 1901 (31 Stat 1322; D.C. Official Code § 22-2704); An Act In relation to pandering, to define and prohibit the same and to provide for the punishment thereof, approved June 2, 1910 (36 Stat 833; D.C. Official Code § 22-2705 et seq.); and section 1 of An Act To confer concurrent jurisdict ion on the police court of the District of Columbia in certain cases, approved July 16, 1912 (37 Stat,192; D.C. Official Code § 22-2722).

(4) "Police Department" means the Metropolitan Police Department.

Sec. 2103, Procedure for establishing a prostitution free zone .

(a) The Chief of Police may declare any public area a prostitution free zone for a period not to exceed 120 consecutive hours. The Chief of Police shall inform each of the 7 Patrol District Commanders, the Commander of the Narcotic and Special Investigations Division, and the Council of the District of Columbia of the declaration of a prostitution free zone.

(b) In determining whether to designate a prostitution free zone, the Chief of Police shall consider the following:

(1) The occurrence of prostitution-related arrests, prostitution-related calls for police service and/or prostitution-related offenses in the propose d prostitution free zone within the preceding 6-month period;

(2) Any homicide or crime of violence related to the prostitution or prostitution-related offenses that were committed in the proposed prostitution free zone within the preceding 6-month period;

(3) Objective evidence or verifiable information that shows that prostitution or prostitution-related offenses are occurring on public space on public property within the proposed prostitution free zone; and

(4) Any other verifiable information from which the Chief of Police may ascertain whether the health or safety of residents who live in the proposed prostitution free zone are endangered by prostitution or prostitution-related offenses.

Sec. 2104. Notice of a prostitution free zone.

Upon the designation of a prostitution free zone, the Police Department shall mark each block within the prostitution free zone by using barriers, tape, signs (whether permanent or temporary), or police officers that post or announce the following information in the immediate area of, and borders around, the prosti tution free zone:

(a) A statement that it is unlawful for a person to congregate in a group of 2 or more persons for the purposes of prostitution or prostitution-related offenses within the boundaries of a prostitution free zone; and thereafter fail to disperse after being instructed to disperse by a uniformed officer of the Police Department, or non-uniformed officer of the Police Department upon display of Metropolitan Police Department identification, who reasonably believes the person is congregating for the purpose of engaging in prostitution or prostitution-related offenses;

(b) The boundaries of the prostitution free zone;

(d) Any other additional notice to inform the public of the prostitution free zone.

Sec. 2105. Prohibition.

(a) It shall be unlawful for a person to congregate in a group of 2 or more persons in public space on public property within the perimeter of a prostitution free zone established pursuant to section 2103 and thereafter to fail to disperse, after being instructed to disperse by a uniformed officer of the Police Department, or non-uniformed officer of the Police Department upon display of Metropolitan Police Department identification, who reasonably believes the person is congregating for the purpose of engaging in prostitution or prostitution-related offenses.

(b) In making a determination that a person is congregating is a prostitution free zone for the purpose of engaging in prostitution or prostitution-related offenses, the totality of the circumstances involved shall be considered. Among the circumstances which may be considered in determining whether such purpose is manifested are:

(1) The conduct of a person being observed, including, but not limited to, that such person is behaving in a manner raising a reasonable belief that the person is engaging or is about to engage in prostitution or prostitution-:related offenses, such as repeatedly beckoning to, stopping, attempting to stop, or attempting to engage passers-by in conversation for the purpose of prostitution; stopping or attempting to stop motor vehicles for the purpose of prostitution; or repeatedly interfering with the free passage of other persons for the purpose of prostitution.

(2) Information from a reliable source indicating that a person being observed routinely engages in prostitution or prostitution-related offenses within the prostitution free zone;

(3) Information indicating that the person being observed is currently engaging in prostitution or prostitution-related offenses within the prostitution free zone;

(4) Physical identification by an officer of such person as a member of a gang or association which engages in prostitution or prostitution-related offenses;

(5) Knowledge by an officer that such person is a participant in prostitution or prostitution-related offenses. For purposes of this act, the phrase a "known participant in prostitution or prostitution-related offenses" means a person has, within the knowledge of the officer, been arrested and/or convicted in any court in any jurisdiction of any violation involving prostitution or prostitution-related offenses;

(6) Observation by an officer that such person has no other apparent lawful reason for congregating in the prostitution free zone, such as waiting for a bus or being near one's own residence; and
(7) Knowledge by an officer that any vehicle involved in the observed circumstances is registered to a known participant in prostitution or prostitution-related offenses, or a person for whom there is an outstanding arrest warrant: for a crime involving prostitution or prostitution-related offenses.

Sec. 2106. Penalties.

Any person who violates section 2105 shall, upon conviction, be subject to a fine of not more than $300 imprisonment for not more than 180 days, or both.

Sec. 2107. The Attorney General for the District of Columbia or his assistants shall prosecute all violations of this title.

TITLE XXII. VOYEURISM

Sec. 2201. Short title.

This title may be cited as the "Privacy Protection Act of 2005".

Sec. 2202. Unlawful surreptitious recording of persons engaged i n certain private activities.

(a)(1) It is unlawful for any person to install or permit the installation of a peep hole, mirror, or any electronic device that is used or can be used to secretly or surreptitiously observe an individual who is using a restroom, totally or partially undressed, engaging in sexual relations, changing clothes, or engaging iii any other activity for which there is a reasonable expectation of privacy.

(2) It is unlawful for any person to electronically record any person who is undressed or undressing, engaged in any kind of sexual activity, or engaged in personal bodily functions without that person's express and informed consent.

(3) It is unlawful for any person to intentionally capture an image of a private area of an individual, under circumstances in which the individual has a reasonable expectation of privacy, without the individual's express and informed consent.

(b)(1) A person who violates subsection (a)(1) or (2) of this section is guilty of a felony and shall be fined not more than $5,000 or imprisoned for not more than 5 years, or both

(2) A person who violates subsection (a)(3) of this section is guilty of a misdemeanor and shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both.

(3) A person who violates subsection (a) of this section and distributes or disseminates, directly or indirectly, by any means whatsoever, a photograph, film, videotape, audiotape, compact disc (CD), digital video disc (DVD), or any other image or series of images or soundsor series of sounds is guilty of a felony and shall be fined not more than $10,000 or imprisoned for not more than 10 years or both.

(1) Any lawful law enforcement, correctional, or intelligence observation or surveillance;

(2) Security monitoring in one's own home;

(3) Security monitoring in any building where there are signs prominently displayed informing persons that the entire premises or designated, portions of the premises are under surveillance; or

(4) any electronic recording of a medical procedure which is conducted under circumstances where the patient is unable to give consent.

(d) For the purposes of this act:

(1) "Electronic device" means any electronic, mechanical or digital equipment that captures visual or oral images including cameras, computers, tape recorders, video recorders and cellular telephones.

(2) "Private area" means the naked or undergarment clad genitals, pubic area, anus, buttocks, or female breast below the top of the areola.

Sec. 2301. Fiscal Impact statement.

The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code §1-206.02(c)(3)).

Sec. 2302. Effective date.

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), a 60-day period of Congressional review as provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)), and publication in the District of Columbia Register.

Summary of Proposed Legislation for Inclusion in the Omnibus Public Safety Act of 2005

Title Number	Subject	Title	Summary
1 Page 3	Violent Crime	Proposed Legislation to Increase Penalties for Convicted Felons Who Possess Firearms, To Amend the Statute Providing for Gun-Free Zones	Amend felon in possession of a `pistol' to felon in possession of a `firearm'. Increase maximum penalty for first time offense to 10 years. Impose a mandatory minimum of 1 year for elon in possession of a firearm. Add public housing to gun free zone areas.
2 Page 5	Violent Crime	Proposed Legislation to enhance The Penalties Associated with Crimes Against Persons Over the Age of 60	Will now include any crime of violence as defined in the D.C. Official Code.
3 Page 6	Violent Crime	Proposed Amendments to the Interpreter Act to Permit Custodial Interrogations Of Non-English Speaking Suspects to be Conducted Without an interpreter Present when The Interrogating Officer Speaks The Same Foreign Language	Excepts from the definition of "communications impaired person" those who are able to communicate in a language other than English with an officer who also speaks that same language fluently. Expands list of those who are qualified to be certified interpreters.
4 Page 6	Violent Crime	Proposed Amendment to the Assault on a Police Officer Statute	Add to definition of crime of violence. Create two levels of offenses: misdemeanor and a ten-year felony. Cover all law enforcement officers in the District of Columbia including campus police and probation officers, as well as emergency medical technicians and fire department personnel.
5 Page 8	Violent Crime	Proposed Legislation to Protect Police From Armor Piercing Ammunition	Enhance the existing prohibition against armor piercing ammunition by increasing the penalties to higher levels (i.e., 7-14 years for a first offense).
6 Page 9	Violent Crime	Proposed Legislation to Enhance Penalties Associated With Simple Assault by Creating a New Penalty For Assaults That Cause Bodily Injury	Amend the current assault statute. Add a provision that anyone who causes bodily injury to another is guilty. $3000 Fine or 3 years in prison, or both.
7 Page 9	Violent Crime	Proposed Legislation for Uniformity in Crime of Violence Statutes	Technical Amendment - amend all provisions of the D.C. Official Code so that the term "Crime of Violence" is defined consistently.
8 Page 12	Violent Crime	Proposed Amendments to the Intrafamily Violence Laws	Amend law to expand the definition of intrafamily offense to include criminal acts by similarly situated partners in a relationship (i.e., old girlfriend versus new girlfriend), and also to include those who are stalked. Prohibit disabling of telephone (or other communication device) that prevents a victim from summoning assistance.
9 Page 13	Violent Crime	Proposed Legislation to Make it Unlawful to Recruit and Retain Others for a Criminal Street Gang and for Street Gang members to Commit Crimes	Create law making it a crime to encourage someone to join or remain in a criminal street gang, or to commit a crime while a member. Include a graduated system of penalties (misdemeanor to felony) for severity of misconduct and repeat offenders.
10 Page 15	Legislation Affecting Children	Proposed Amendment to the Anti-Sexual Abuse Act of 1994	Amend the law to make it unlawful for an adult in a significant relationship with a child (i.e. teacher, clergy, stepparent) to engage in sexual activity. Amend the law to better protect persons with mental retardation from being exploited. Amend the law to make it unlawful to have sexual contact with patients or inmates. Create a course of conduct offense for children who have been repeatedly molested on a continuing or intermittent basis. Make it unlawful to entice a child into sexual contact. Amend the felony sexual assault statute of limitations to include other offenses that are properly joinable with sex offenses (i.e., contemporaneous burglary, robber, kidnapping, etc.).
11 Page 19	Legislation Affecting Children	Proposed Legislation to Expand the Mandatory Reporting of Child Neglect	Amend current law to significantly expand the list of those who must report child neglect. Add requirement that child neglect be reported even when those required to report don't believe the information received. Increase penalties for failure to report child neglect to a fine of not more than $300, and no more than 90 days in prison, or both.
12 Page 21	Legislation Affecting Children	Proposed Legislation to Create a Mandatory Reporting Requirement of Crimes Committed Against Children	Create a law requiring same individuals who are requited to report neglect, to also report crimes against children that include sex abuse or attempted sex abuse, prostitution, or whenever a child has a bullet, knife wound or other injury at variance with an explanation.
13 Page 25	Legislation Affecting Children	Proposed Legislation to Enhance Penalties for Crimes Committed Against Children	Add a new statute that would enhance the penalty for crimes against children by those who are at least 2 years older than the victim. Penalties would be increased by up to 1 1/2 times.
14 Page 26	Legislation Affecting Children	Proposed Legislation to Create a New Offense: Contributing to the Delinquency of a Minor	Create a new law making it unlawful for any person over 18 to cause a minor (who is at least two years younger) to violate any law, be absent from school, consume alcohol, run away from home, violate a court order or join a gang. Penalties for a first offense would be a fine of not more than $1000 or 1 year in prison, or both. Penalties for offenses that result in bodily injury to the minor would be $10,000 or 10 years in prison, or both, and up to 30 years imprisonment where death to the minor results.
15 Page 29	Legislation Affecting Children	Proposed Legislation to Permit the Office of the Attorney General and the Office of the United States Attorney to Appeal an Order Granting a New Trial and to Permit the Attorney General to Appeal Orders Releasing Juveniles Pending Sentencing.	Amend the law to permit the USAO or OAG in a criminal case to appeal an order of the trial court granting a new trial after verdict or judgment. Permit the OAG to appeal a decision or order releasing a juvenile charged with a delinquency offense, or a decision or order granting a motion for revocation of, or modification of, conditions of release.
16 Page 30	Legislation Affecting Children	Proposed Legislation to Create an Offense for a Child's Willful Failure to Appear For A Delinquency Hearing	Amend the law to create a new provision establishing a new offense for a child's failure to appear in a delinquency matter. Establish that a failure to appear finding would sustain a finding that a child is in need of care or rehabilitation for the failure to appear and for the underlying offenses.
17 Page 31	Legislation involving Property Crimes	Proposed Legislation to Amend the Unlawful Entry Statute for Vacant Property	Amend the law to create a rebuttable presumption that a trespass has occurred where a person is found on vacant property that is either boarded up, secured or has no trespassing signs displayed.
18 Page 32	Legislation involving Vehicles	Proposed Legislation to Facilitate the Prosecution of Motor Vehicle Theft	Increase penalties to a five-year felony for knowingly removing or altering the identification number of a motor vehicle where the cost of the part or vehicle exceeds $250.00.
19 Page 33	Legislation Involving Traffic Offenses	Proposed Legislation to Increase the Traffic Related Offenses for Which a Driver's Permit may be Revoked or a Person Disqualified from Eligibility to Obtain a Permit	Require revocation of a driver's permit of any person who is convicted or adjudicated delinquent of a drug offense, a stolen vehicle offense, failure to yield to a pedestrian, failure to obey a traffic order, and fleeing law enforcement. Disqualify those not already in possession of a driver's permit for the above stated infractions, plus those for reckless driving, operating without a permit, DWI and DUI, speeding 30 miles over the speed limit or operating a vehicle without a permit.
20 Page 37	Legislation Addressing Prostitution Crimes and Human Trafficking	Proposed Amendment to the Prostitution Laws of the District of Columbia	Increase the penalties to a maximum of 20 years for persons to cause minors engage in prostitution. Amend the law to make engaging in prostitution unlawful.
21 Page 42	Legislation Addressing Prostitution Crimes and Human Trafficking	Proposed Legislation to Create Prostitution Free Zones	Create prostitution free zones. Legislation would be fashioned after the current drug-free zone statutes.
22 Page 47	Privacy Laws	Proposed Legislation to Protect Personal Privacy from Voyeurism	Amend the law to prohibit the installation of peepholes or electronic devices that can be used to secretly observe others who have a reasonable expectation of privacy (i.e., using restrooms, engaging in intimate activities, etc.). Prohibit electronic recording, without consent, of those who are undressed or using a restroom. Prohibit the electronic recording of persons private parts, without consent. Criminal penalties would range from a fine of not more than $1000 or imprisonment for not more than 180 days (or both) for misdemeanor offenses, up to a fine of not more than $10,000 or imprisonment for not more than 10 years (or both) for felony offenses, depending upon such factors as whether any unlawful electronic recording was disseminated to the public.

PowerPoint Presentation

Omnibus Public Safety Act of 2005

Overview of the Omnibus Bill

22 Titles aimed at addressing violent crime, protecting our children and the elderly, reducing property crime and prostitution, and protecting the privacy of District citizens.

Focus is on making technical adjustments to the law and filling in gaps to enhance public safety.

Title I - Gun Violence Amendment Act

The Issue:

Too much gun violence; insufficient penalties
198 murders in 2004, all but 40 of which were committed with guns.

The Act:

Adds public housing to possible gun free zone areas.
Prohibits felons from possessing not only pistols but all firearms.
Increases the maximum penalty for first time offense to 10 years.
Imposes a mandatory minimum of 1 year for felon in possession of a firearm.

Title II - Anti-Violence Against Senior Citizens Amendment Act
Title XIII - Anti-Violence Against Juveniles Act

Elders and children are particularly vulnerable victims.

The Acts:

All 'crimes of violence' - not just robbery and attempt robbery - are offenses for which enhanced penalties are available for senior victims.
Increases penalties for crimes against minors if committed by someone who is at least 2 years older than the victim.
Creates a mandatory minimum prison term of 5 years for those who commit such offenses while armed.
Penalties would be increased by up to 1 1/2 times.

Title II - Interpreter Act Amendment Act

The Issue:

Current Act impedes law enforcement; relies on interpreter office that does not exist.
Even the Court recognizes the obstacles: Castellon.

The Act:

Permits custodial interrogations of non-English speaking suspects to be conducted without an interpreter present when the interrogating officer speaks the same foreign language.
Does not require an interpreter when the suspect can communicate in writing.
Expands the list of persons qualified to be certified interpreters.

Title IV - Assault on a Police Officer Amendment Act

The Issue:

Many levels of violence against police officers, but two levels of penalty based on armed or unarmed violence.
Many APOs are charged as misdemeanor assault.
Current law does not cover related law enforcement.

The Act:

Adds APO to definition of 'crime of violence', and creates two levels of offenses: misdemeanor and a ten-year felony.
Covers all law enforcement officers in the District of Columbia including probation, parole, pretrial release
and supervised release officers, as well as officers from other jurisdictions who are authorized to engage in law enforcement functions in the District.

Title V - Police Protection Act

The Issue:

Pistol-fired bullets are now capable of piercing body armor.
Only purpose is to seriously harm or kill law enforcement.

The Act

Makes it a felony to possess ammunition which, when fired from a pistol, is capable of penetrating Kevlar jackets.
Enhances the penalties for possessing armor piercing ammunition to a mandatory minimum term of 7-14 years imprisonment.

Title VI - Enhanced Assault Amendment Act

The Issue:

No offense that addresses conduct between Simple Assault (180 days) and Aggravated Assault (10 years).
Most states have degrees of assault.

The Act:

Creates an enhanced offense of assault resulting in bodily injury to a victim.
The penalty would be a fine of not more than $3,000 or imprisonment for not more than 3 years, or both.

Title VII - Crime of Violence Amendment Act

The Issue:

Two different definitions of "crime of violence".
Neither definition includes Assault on a Police Officer.

The Act

Amends all provisions of the D.C. Official code so that the term "crime of violence" is defined consistently.
Adds to the list of "crime of violence":
- Assault on a police officer (APO); and
- gang recruitment, participation, or retention in a gang by the use or threatened use of force, coercion or intimidation.

Title VIII - Domestic Violence Amendment Act

The issue:

Definition of intrafamily offense does not include violence between new and former partners or stalking.
Abusers frequently disable communications devices, venting the victim from calling for help.

The Act:

Expands the definition of intrafamily offense to include criminal offenses committed by new and former partners and stalking.
Prohibits disabling telephones to prevent or interfere with reporting criminal offenses or child abuse, or with
requests for an ambulance or emergency medical services.

Title IX - Gang Recruitment Prevention Act

The Issue:

Gang activity is growing in the DC area.
Currently it is not a crime to recruit or coerce others to join a gang.

The Act:

Makes it a crime to:
- encourage someone to join or remain in a gang,
- commit certain crimes as a gang member, or
- retaliate against an individual for refusing to join or seeking to leave a gang.
Defines `gang' as a group that conditions membership on committing a beating or sexual act, committing a crime, or without the legal right, attempts to exclude a person from a geographic area using violence.

Title X - Anti-Sexual Abuse Amendment Act

The Issue:

The District of Columbia does not prohibit a high school teacher, clergy member, or a coach from engaging in sexual relations with a high school student aged 16 to 19
There have been problems successfully prosecuting:
- some employees who take advantage of inmates, group home residents, and other persons in hospitals or institutions.
- persons who seduce or try to seduce children or minors without taking or attempting to take them to a place for this purpose.
- persons who try to seduce individuals they believe are children or minors (often through internet chat rooms).
- persons who engage in sexually suggestive conduct with children and minors in significant relationships.
Statute of limitations was expanded for sexual abuse last.year, but not for related offenses.

The Act:

Makes it unlawful for an adult in a significant relationship (i.e., teacher, clergy, stepparent) to engage in sexual activity with a minor.
Prohibits staff members, employees, volunteers, and transportation workers from engaging in sexual activities with a ward, patient, or inmate.
Makes it unlawful to seduce,, invite, allure or persuade a child or minor, or someone believed to be a child or minor, to engage in sexual activity.
Creates a new misdemeanor child sexual abuse provision.
Extends the statute of limitations to include offenses that are properly joinable with sex offenses (e.g., burglaries, robberies, and kidnapping).

Title XI - Mandatory Reporting of Child Abuse or Neglect Amendment Act
Title XII - Failure to Report Child Victimization Act

The Issue:

Mandatory reporting requirements are too narrow and ambiguous; child victimization should be reported along with abuse and neglect.

The Acts:

Significantly expand the list of those who must report child neglect (i.e., D C. Housing police, school employee, and DPR employee)
Requires a neglect report even when those required to report don't believe the information received.
Requires reporting of child victimization.
Same mandatory reporters are required to report crimes against children that include:
- sex abuse or attempted sex abuse
- prostitution
- children who have a bullet or knife wound.
Increases the penalties for failure to report child neglect and victimization.

Title XIV - Contributing to the Delinquency of a Minor Act

The Issue:

The District does not have a law that prohibits contributing to the delinquency of a minor.
There are no penalties to deter individuals who deliberately encourage minors to engage in harmful and unlawful conduct, other than drug dealing.

The Act:

Makes it unlawful for any person over 18 and who is at least two years older than a minor to cause or encourage the minor to commit a crime, be absent from school, possess or consume drugs or alcohol, run away from home, violate a court order or join a gang.
Penalties vary according to the activity that is encouraged and for repeat or injurious conduct.

Title XV - Government Appeals Amendment Act

The Issue:

The government cannot appeal a new trial order or a real juvenile release order; inefficient and expensive.

The Act:

Permits OAG and USAO to appeal an order granting a new trial.
Permits OAG to appeal:
- juvenile release orders,
- orders denying a motion for revocation, and
- orders modifying conditions of release.

Title XVI - Juvenile Failure to Appear Offense Act

The Issue:

No increased sanctions for juveniles who fail to appear for delinquency hearings.

The Act:

Establishes a new offense for a child's willful failure to appear in a delinquency matter; patterned after adult Bail Reform Act charge.
Treats a finding of a child's willful failure to appear as a finding of need for care or rehabilitation..

Title XVII - Boarded Vacant Property Permissive Inference of Unlawful Entry Act

The Issue:

Trespassers enter vacant properties to conduct illegal activities affecting quality of life.
The law does not typically permit the police to arrest obvious trespassers when the owner is not present to
request the trespasser be removed.

The Act:

Creates a rebuttable presumption that a trespass has occurred:
- where a person is found on vacant property
- that is secured or has "no trespassing" signs displayed.

Title XVIII - Vehicle Identification Numbers Tampering and Theft Prohibition Act

The Issue:

Car thieves are creating authentic looking VIN strips to avoid detection, tampering with vehicle and part identification numbers to aid in the cover-up of the sale of stolen parts.

The Act:

Makes it illegal to knowingly remove, obliterate, tamper or alter the ID number of a motor vehicle or any of its parts.
Provides criminal penalties based upon the value of the vehicle or part.

Title XIX - Motor Vehicle and Drug offense Driving Privileges Revocation and Disqualification Amendment Act

The Issue:

Loss of driving privileges can serve as a deterrent, although few crimes allow for license revocation and disqualification.

The Act:

Expands the kinds of criminal convictions, or juvenile adjudications, that can lead to license revocation (e.g., car theft, UUV, fleeing).
Delays permit issuance for persons driving without a permit who commit certain criminal and traffic offenses.

Title XX - Anti-Prostitution Amendment Act
Title XXI - Prostitution Free Zone Act

The Issue:

The prostitution laws of the District are outmoded. Prostitution, itself, is not illegal.
Prostitution still plagues many neighborhoods.

The Act:

Amends the law to make engaging in prostitution unlawful.
Increases penalties for persons who aid or encourage people under the age of 18 years to engage in prostitution.
Creates prostitution-free zones similar to drug-free zones; authorizes the Chief of Police to declare any public area a prostitution-free zone for a period up to 120 consecutive hours.
The bill makes it unlawful for a person to congregate in a group of 2 or more persons within the zone, who then fail to disburse after being to.told by MPD, when MPD reasonably believes the persons are there for the purpose of engaging in prostitution or related offenses.

Title XXII - Privacy Protection Act

The Issue:

Currently it is not against the law to electronically record private activities such as bathing, undressing, using the bathroom, and sexual relations without informing the person who is being recorded.
Others are using cameras affixed to poles or sticks to surreptitiously electronically record under women's skirts (known as "upskirting").

The Act

Prohibits using a peephole, mirror, or camera to spy on persons using the bathroom or restroom, changing clothes or engaging in sexual activity or recording such persons without their consent.

Government of the District of Columbia
Executive Office of the Mayor

Office of Communications

FOR IMMEDIATE RELEASE:
WEDNESDAY, APRIL 6, 2005

CONTACT: VINCE MORRIS
202-727-6846

Mayor Williams Introduces Comprehensive Anti-Crime Bill

Legislation Includes New Penalties for Attacks on Children, Elderly

(Washington, DC) Mayor Anthony A. Williams today announced the introduction of his Omnibus Public Safety Act of 2005, comprehensive legislation that addresses a variety of community protection issues, including enhancing the penalties for individuals who commit violent crimes against children and the elderly.

"Our most vulnerable citizens - our young people and our seniors - need additional protection against criminals," said Mayor Williams. "This legislation increases penalties for those who commit crimes against children and for anyone deliberately encouraging children to break the law. The bill essentially gives our law enforcement personnel the tools they need to make our communities safer."

The legislation includes provisions that all "crimes of violence" - not just robbery and attempted robbery - are offenses for which enhanced penalties are available for senior victims. Additionally, the legislation increases penalties for crimes against minors if they are committed by someone who is at least two years older than the victim. The bill also creates a mandatory minimum prison term of five years for individuals who commit these offenses while armed.

The legislation also addresses the proliferation of gun violence in Washington by imposing a mandatory minimum of one year for a felon who is caught with a firearm. It increases the maximum penalty for first time armed offenses to ten years, and it prohibits felons from possessing not only pistols but all firearms. The legislation adds public housing to the city's gun free zones.

The Omnibus Public Safety Act also establishes sanctions for juveniles who fail to appear for delinquency hearings. Specifically, the Act establishes a new offense for a child's willful failure to appear in a delinquency matter, and it treats a finding of a child's willful failure to appear as a finding of need for care or rehabilitation.

Finally, the legislation makes it a crime to encourage someone to join or remain in a gang, to commit certain crimes as a gang member and to retaliate against an individual for refusing to join or seeking to leave a gang.

Omnibus Public Safety Act of 2005 Bill 16-247

Summary of Proposed Legislation for Inclusion in the Omnibus Public Safety Act of 2005

Title Number

Subject

Title

Summary

Omnibus Public Safety Act of 2005

Overview of the Omnibus Bill

Title I - Gun Violence Amendment Act

Title II - Anti-Violence Against Senior Citizens Amendment Act Title XIII - Anti-Violence Against Juveniles Act

Title II - Interpreter Act Amendment Act

Title IV - Assault on a Police Officer Amendment Act

Title V - Police Protection Act

Title VI - Enhanced Assault Amendment Act

Title VII - Crime of Violence Amendment Act

Title VIII - Domestic Violence Amendment Act

Title IX - Gang Recruitment Prevention Act

Title X - Anti-Sexual Abuse Amendment Act

Title XI - Mandatory Reporting of Child Abuse or Neglect Amendment Act Title XII - Failure to Report Child Victimization Act

Title XIV - Contributing to the Delinquency of a Minor Act

Title XV - Government Appeals Amendment Act

Title XVI - Juvenile Failure to Appear Offense Act

Title XVII - Boarded Vacant Property Permissive Inference of Unlawful Entry Act

Title XVIII - Vehicle Identification Numbers Tampering and Theft Prohibition Act

Title XIX - Motor Vehicle and Drug offense Driving Privileges Revocation and Disqualification Amendment Act

Title XX - Anti-Prostitution Amendment Act Title XXI - Prostitution Free Zone Act

Title XXII - Privacy Protection Act

Mayor Williams Introduces Comprehensive Anti-Crime Bill

Legislation Includes New Penalties for Attacks on Children, Elderly

Omnibus Public Safety Act of 2005
Bill 16-247

Title II - Anti-Violence Against Senior Citizens Amendment Act
Title XIII - Anti-Violence Against Juveniles Act

Title XI - Mandatory Reporting of Child Abuse or Neglect Amendment Act
Title XII - Failure to Report Child Victimization Act

Title XX - Anti-Prostitution Amendment Act
Title XXI - Prostitution Free Zone Act