Aiming to stop the explosion of carjackings and other violent crime in the city, the D.C. Council is expected to take a first vote Tuesday on a bill that would overhaul public safety.
The Secure DC Omnibus Amendment Act of 2024 combines proposals seen in a dozen crime bills introduced in 2023 including the Safer Stronger Amendment Act and the Addressing Crime Trends (ACT) Now Amendment Act.
“Every day I hear from residents, businesses and visitors about their serious concerns of the state of public safety and violence in the District,” Council member Brooke Pinto, who sponsors the bill, said on X Sunday. “In 2023, we saw a devastating 39% increase in violent crime and 26% increase in crime overall; 274 people lost their lives to homicide. Residents are in fear of carjacking, thefts and falling victim to crime across the District. This is unacceptable.”
Changes include drug-free zones, new felonies
The bill would allow the D.C. police chief to declare drug-free zones for five days. The chief would make the decision after a large number of reported violent crimes, drug arrests and even homicides in a certain area.
In a drug-free zone, police could ask anyone in a group of two or more people believed to be there with the purpose of committing a drug-related crime to disperse; if they refuse, they could be arrested.
It would also add a host of new felonies for both violent and property crimes.
Strangulation would become a stand-alone felony. The bill’s committee report stated, “Strangulation is a key ‘predictor of future lethal violence’ in domestic and intimate partner situations.”
It would create a new felony offense for “endangerment with a firearm,” meaning someone who fires a gun in public and doesn’t hit anyone can still face a felony.
Organized retail theft, where thieves pick apart grocery store aisles and luxury stores to later resell the merchandise or return it for a refund, would be a new felony offense. If convicted, thieves could face 15 years in prison. The bill also adds a maximum of 10 years for first-degree theft if the merchandise value exceeds $500 or consists of 10 items over 30 days.
The bill would also restore a penalty for wearing a mask while committing a crime or intimidating and harassing someone. While simply wearing a ski mask or hood is not illegal, officers would be allowed to approach individuals for questioning.
It would also seek to permanently change rules around detaining violent suspects before trial.
The Committee on the Judiciary and Public Safety said in its report on the bill that they have “heard too many examples evidencing the revolving door in the criminal justice system and the sense of impunity that comes with it.”
It would make permanent provisions passed in an emergency bill where any suspect charged with a violent crime would remain in jail until trial, even if they had not been previously convicted of another violent crime. A judge would have to issue a written finding for them to be released.
Impact on kids and teens committing crimes
A new provision also expands the amount of time a juvenile can be held until court hearings. Under the bill, if a young person commits a violent crime with a gun, an imitation firearm or knife, they can be held until trial. It could also apply to certain unarmed offenses, including murder, first-degree sexual abuse and carjacking.
A majority of those arrested for the nearly 1,000 carjackings in 2023 were juveniles.
On that front, the bill expands the definition of a carjacking to not only a car stolen when someone is inside their vehicle. It would also apply the charge if the car owner is in the vicinity of the car, or if the keys are stolen.
The omnibus bill would also increase the maximum sentence for illegally possessing a gun or ammunition to five years.
The legislation restores police authority to enforce fare evasion on Metro, something that was decriminalized just five years ago.
It also allows police to pursue suspects in cars if officers believe there is an immediate threat and allows “incidental contact” to suspects’ necks during arrest. Chokeholds are still banned.
The sweeping legislation will face its first vote before the D.C. council and could be passed by the end of the month.
Activists speak out
Ahead of the legislation’s first vote, some D.C.-area advocacy groups are expressing their concerns with the sweeping crime bill.
“People are desperately grasping at what can we do now and there are some short-term solutions that we could implement, but these aren’t them,” said Patrice Sulton, executive director of DC Justice Lab.
Sulton said she believes the legislation puts more of a focus on giving more authority and less accountability to police officers. One example, she said, is a provision that will allow police to demand the identity of suspected Metro fare evaders or risk up to a $100 fine.
Nee Nee Taylor, executive director of Harriet’s Wildest Dreams, said she believes the city needs to take a more holistic approach to combating crime. Among her concerns with the bill is the provision that allows police to establish temporary drug-free zones — zones in which people can be told to disperse or risk arrest.
“Just because you move someone from one place doesn’t mean that they’re not going to just go to the next block,” Taylor said.
Taylor also believes the provisions, which will make it easier to detain teenagers and adults accused of crimes, won’t help.
“Mass incarceration is not the answer. Mass incarceration is not going to erase social issues,” Taylor said.
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