[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 281 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 281
To assign the responsibility for conducting prosecutions for violations
of the laws of the District of Columbia to the head of a local
prosecutor's office designated under local law of the District of
Columbia.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 12, 2021
Ms. Norton introduced the following bill; which was referred to the
Committee on Oversight and Reform
_______________________________________________________________________
A BILL
To assign the responsibility for conducting prosecutions for violations
of the laws of the District of Columbia to the head of a local
prosecutor's office designated under local law of the District of
Columbia.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Prosecutor Home
Rule Act of 2021''.
SEC. 2. RESPONSIBILITY OF LOCAL PROSECUTOR'S OFFICE FOR CONDUCT OF ALL
DISTRICT OF COLUMBIA PROSECUTIONS.
(a) In General.--Section 23-101, D.C. Official Code, is amended by
striking subsections (a) through (f) and inserting the following:
``(a) Prosecutions for violations of all police or municipal
ordinances or regulations of the District of Columbia and for
violations of all penal statutes of the District of Columbia in the
nature of police or municipal regulations shall be conducted in the
name of the District of Columbia by the head of the local prosecutor's
office or the assistants of the head of such office, except as may
otherwise be provided in any such ordinance, regulation, or statute.
``(b) An indictment or information brought in the name of the
United States in the United States District Court for the District of
Columbia may include charges of offenses prosecutable by the District
of Columbia if the head of the local prosecutor's office consents to
the inclusion of such charges in writing.
``(c) An indictment or information brought in the name of the
District of Columbia in the Superior Court of the District of Columbia
may be joined for trial in the United States District Court for the
District of Columbia with an indictment or information brought in that
court if the offenses charged therein could have been joined in the
same indictment or information and if the head of the local
prosecutor's office consents to such joinder.
``(d) In this section, the `local prosecutor's office' is the
office designated under local law of the District of Columbia as the
office responsible for conducting prosecutions under this section.
``(e) Nothing in this section shall affect the authority of the
Attorney General of the United States or the United States Attorney for
the District of Columbia to exercise jurisdiction concerning violations
of the laws of the United States.''.
(b) Conforming Amendments.--
(1) Appeals.--Section 23-104, D.C. Official Code, is
amended by striking ``Corporation Counsel'' each place it
appears in subsections (a)(1), (b), and (d), and inserting
``head of the local prosecutor's office (as defined in section
23-101(d))''.
(2) Proceedings to establish previous convictions.--Section
23-111(a)(1), D.C. Official Code, is amended by striking
``Corporation Counsel'' and inserting ``head of the local
prosecutor's office (as defined in section 23-101(d))''.
(3) Definition of prosecutor.--Section 23-501(3), D.C.
Official Code, is amended by striking ``Corporation Counsel of
the District of Columbia'' and inserting ``head of the local
prosecutor's office (as defined in section 23-101(d))''.
(4) Disposition of property seized under search warrant.--
Section 23-525, D.C. Official Code, is amended by striking
``Corporation Counsel for the District of Columbia'' and
inserting ``head of the local prosecutor's office (as defined
in section 23-101(d))''.
(5) Deposit of seized currency.--Section 23-532(b)(1), D.C.
Official Code, is amended by striking ``Corporation Counsel for
the District of Columbia'' and inserting ``head of the local
prosecutor's office (as defined in section 23-101(d))''.
(6) Consultation in promulgation of regulations regarding
warrant and arrest procedures.--Section 23-533, D.C. Official
Code, is amended by striking ``Corporation Counsel'' and
inserting ``head of the local prosecutor's office (as defined
in section 23-101(d))''.
(7) Recommendations by pretrial services agency regarding
release or detention; notice regarding failure to comply with
conditions of release.--Section 23-1303, D.C. Official Code, is
amended--
(A) in the sixth sentence of subsection (a), by
striking ``Corporation Counsel of the District of
Columbia'' and inserting ``head of the local
prosecutor's office (as defined in section 23-
101(d))''; and
(B) in subsection (h)(5), by striking ``Corporation
Counsel of the District of Columbia'' and inserting
``head of the local prosecutor's office (as defined in
section 23-101(d))''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to violations of District of Columbia ordinances,
regulations, and statutes which occur after the expiration of the 6-
month period which begins on the date on which a local law of the
District of Columbia which designates the local prosecutor's office for
purposes of section 23-101(d), D.C. Official Code (as amended by
subsection (a)) takes effect.
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