A bill that would allow D.C. police to randomly search individuals who are charged with violent crimes led to passionate debate on both sides of the issue Wednesday, as the measure was reviewed by the D.C. Council’s public safety committee.
Under the legislation, people on pretrial release charged with violent offenses could be legally searched by police at any time, anywhere in a public place, even if officers do not have a warrant or probable cause.
The random searches could also apply to individuals on probation, supervised release or parole following a conviction for a gun offense.
Council member Brooke Pinto, who chairs the public safety committee, said the legislation was needed to address a steep rise in violent crime, which she said was “not acceptable” and “not normal.”
According to the latest figures from D.C. police, there have been 235 homicides in the city so far this year, marking a 33% spike compared to the same time last year.
There have been 846 carjackings, which is more than double the number from last year. Robberies are up nearly 70%, and violent crime overall is up 39%.
“I wanted to propose a series of legislative solutions to improve our prevention efforts to increase and ensure accountability and to better coordinate among our community and government partners in our entire public safety ecosystem,” Pinto said.
Pinto acknowledged that it was controversial.
“I recognize there has been some opposition to certain provisions,” she said. “This bill is aimed at addressing some of the most significant issues that we’re facing with violent crime in the District.”
Council member Zachary Parker said he was “very skeptical.”
“We cannot implement remnants of stop-and-frisk here in the District,” said Parker, referring to the practice of police temporarily detaining, questioning and sometimes searching civilians.
“Any proposal that would allow the police to stop anyone at any time at random is dangerous,” Parker said.
The bill does not only pertain to searches. It would also establish a task force that would develop recommendations for increasing the use of diversion programs meant to keep people, charged with nonviolent crimes, out of jail.
The measure would increase the maximum penalty for people firing a “large number of bullets at a time” and would create a new offense for “unlawful discarding of firearms,” such as when a suspect running from police gets rid of a gun.
Under the bill, judges would need to issue a written explanation if they determine that a person charged with a violent offense should be released before their trial.
Parker took issue with that, saying it would “overburden our already strained courts.”
“I want to make sure that our violent individuals are held accountable,” Parker said. “At the same time, this proposal doesn’t account for our present day reality that we already have a severe backlog in our courts.”
The legislation would also alter the definition of “carjacking” to include situations where the victim is not in or immediately next to their vehicle, such as when a person’s car keys are violently taken from them.
