action brought in the name of the District of Columbia by the Corporation Counsel or any of his assistants, and shall, unless good cause be shown to the contrary, be forfeited to the District of Columbia and shall be made available for the use of any agency of the government of the District of Columbia, or otherwise disposed of as the District of Columbia Council may, by regulation, provide, except that (a) no conveyance used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited under this Act unless it shall appear that the owner or other person in charge of such conveyance was a consenting party or privy to a violation of this Act; and (b) no conveyance shall be forfeited under the provisions of this section by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States, or of the District of Columbia, or of any State. If there be any bona fide lien against the property so forfeited, the government of the District of Columbia may make payment of such lien and retain the property, or the property shall be disposed of by public auction. The proceeds of the sale of such property shall be available, first, for the payment of all expenses incident to such forfeiture; and, second, for the payment of such liens; and the remainder shall be deposited in the Treasury of the United States to the credit of the District of Columbia. To the extent necessary, liens against said property so forfeited shall, on good cause shown by the lienor, be transferred from the property to the proceeds of the sale of the property." TITLE IV-DISTRICT OF COLUMBIA AUTHORIZED TO ADHERE TO INTERSTATE PAROLE AND PROBATION COMPACT SEC. 401. As used in this title, the term "State" means any of the several States of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and the District of Columbia, and the term "Governor" means the chief executive officer of any such jurisdiction. SEC. 402. The Commissioner of the District of Columbia is hereby authorized to execute a compact on behalf of the District of Columbia with any of the States legally joining therein in the form substantially as follows: "A COMPACT "Entered into by and among the contracting states, signatories hereto, with the consent of the Congress of the United States of America (4 U.S.C. 112) given to states (including the Commonwealth of Puerto Rico, the Virgin Islands, Guam and the District of Columbia) to enter into compacts for cooperative effort and mutual assistance in the prevention of crime and in the enforcement of their respective criminal laws and policies. "The contracting states solemnly agree: "(1) That it shall be competent for the duly constituted judicial and administrative authorities of a state party to this compact (herein called 'sending state'), to permit any person convicted of an offense within such state and placed on probation or released on parole to reside in any other state party to this compact (herein called 'receiving state'), while on probation or parole, if "(a) Such person is in fact a resident of or has his family residing within the receiving state and can obtain employment there; "(b) Though not a resident of the receiving state and not having his family residing there, the receiving state consents to such person's being sent there. "Before granting such permission, opportunity shall be granted to the receiving state to investigate the home and prospective employment of such person. "A resident of the receiving state, within the meaning of this section, is one who has been an actual inhabitant of such state continuously for more than one year prior to his coming to the sending state and has not resided within the sending state more than six continuous months immediately preceding the commission of the offense for which he has been convicted. "(2) That each receiving state will assume the duties of visitation of and supervision over probationers or parolees of any sending state and in the exercise of those duties will be governed by the same standards that prevail for its own probationers and parolees. "(3) That duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any person on probation or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be taken. All legal requirements to obtain extradition of fugitives from justice are hereby expressly waived on the part of the states party hereto, as to such persons. The decision of the sending state to retake a person on probation or parole shall be conclusive upon and not reviewable within the receiving state: Provided, however, That if at the time when a state seeks to retake a probationer or parolee there should be pending against him within the receiving state any criminal charge, or he should be suspected of having committed within such a state a criminal offense, he shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense. "(4) That the duly accredited officers of the sending state will be permitted to transport prisoners being retaken through any and all states parties to this compact, without interference. "(5) That the governor of each state may designate an officer who, acting jointly with like officers of other contracting states, if and when appointed, shall promulgate such rules and regulations as may be deemed necessary to more effectively carry out the terms of this compact. "(6) That this compact shall become operative immediately upon its execution by any state as between it and any other state or states so executing. When executed it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state. "(7) That this compact shall continue in force and remain binding upon each executing state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to parolees or probationers residing therein at the time of withdrawal until retaken or finally discharged by the sending state. Renunciation of this compact shall be by the same authority which executed it, by sending six months' notice in writing of its intention to withdraw from the compact to the other states party hereto." TITLE V-SEPARABILITY SEC. 501. If any provision of this Act (including the amendments made by this Act), or the application thereof to any person or curcumstances be held invalid, the remainder of this Act and the application of the provision to other persons or circumstances shall not be affected thereby. The PRESIDENT, GOVERNMENT OF THE DISTRICT OF COLUMBIA, EXECUTIVE OFFICE, Washington, D.C., March 26, 1970. U.S. Senate, Washington, D.C. DEAR MR. PRESIDENT: The Government of the District of Columbia has the honor to submit herewith for consideration by the Congress a draft bill relating to crime in the District of Columbia, to be cited "The District of Columbia Criminal Activities Act of 1970." This proposed legislation amends statutes relating to possession of certain dangerous weapons, interference with firemen in the performance of their duties and resisting arrest or assaulting a police officer. The bill also provides for the seizure of motor vehicles used in narcotics violations, and authorizes adherence to the Interstate Parole and Probation Compact. The purposes of this proposed legislation, which are more fully set out in the attached summary and justification, can be briefly stated as follows: Title I would amend existing law relating to possession of certain dangerous weapons (D.C. Code, sec. 22-3214) to include therein Molotov cocktails and similar incendiary devices. Title II would rewrite the existing statute (D.C. Code, sec. 22-505) relating to assaults on policemen and corrections officers so as to include firemen. The penalty now set forth therein (fine of not more than $5,000 or prison term of not more than five years or both) would apply to cases of assault where a dangerous or deadly weapon was not used. The use of a deadly or dangerous weapon in the commission of any of the prohibited acts would be punishable by imprisonment for up to ten years. 49-609 0-70 Title III would authorize any member of the Metropolitan Police force or the United States Park Police, and the United States marshal and his deputies, to seize motor vehicles used in narcotics violations. Title IV would authorize the District of Columbia to become a signatory member of the Interstate Parole and Probation Compact, thereby enabling it to participate in a nation-wide program in which the various jurisdictions serve as each other's agent in the supervision of persons on probation or parole. Title V would provide that if any provision of this legislation were held invalid, the other provisions would not be affected thereby. For the reasons stated in the attached summary and justification, the Government of the District of Columbia urges the enactment of this proposed legislation in the belief it will aid in the control of crime. The Government of the District of Columbia has been advised by the Bureau of the Budget that, from the standpoint of the Administration's program, there is no objection to the submission of this proposed legislation to the Congress and its enactment would be consistent with the Administration's objections. Sincerely yours, GRAHAM W. Watt, SUMMARY AND JUSTIFICATION OF PROVISIONS OF THE DISTRICT OF COLUMBIA CRIMINAL ACTIVITIES ACT OF 1970 TITLE I-DANGEROUS WEAPONS ACT AMENDMENT Subsection (a) of section 14 of the Act approved July 8, 1932 (47 Stat. 650, 654; D.C. Code, sec. 22-3214(a)), relating to the possession of certain dangerous devices and instruments, is expanded by this title to include "Molotov cocktails" among the named devices. Subsection (b) of such section 14 (D.C. Code, § 223214 (b)) is expanded to include other incendiary devices. The Fire Prevention Division of the District of Columbia Fire Department reports that during the fiscal year 1969 there were 542 “incendiary fires" and 102 "suspicious fires" in the District. The same division reported that 371 "incendiary fires" and 349 "suspicious fires" occurred in fiscal 1968. While it is difficult to ascertain the number of such fires that were caused by the use of firebombs, Molotov cocktails, or similar incendiary devices, it is known that such devices are favored by arsonists because of the ease with which they can be propelled to their intended destination under circumstances which enable the arsonist to quickly leave the scene. The above-cited statistics relating to the incidence of arson in Washington do not include the figures for the period of civil disturbance extending from 10:50 p.m., April 4, 1968, through 6:00 a.m., April 8, 1968, during which the D.C. Fire Department reports that there were 810 alarms. Arson was suspected as the cause of 95% of all the fires which occurred during that period. It is thus apparent that a specific statutory provision that assists in the control or repression of this type of crime is needed in the District of Columbia. TITLE II-PROHIBIT ASSAULTS ON FIREMEN AND LOWER PENALTY FOR MINOR ASSAULTS At the present time assault on a fireman or interference with a fireman while he is performing his duties in connection with extinguishing a fire are not the subject of a specific statute. Prosecution must be brought under the general assault, disorderly conduct, or rioting statutes. Title II would rewrite subsection (a) of section 432 of the Revised Statutes relating to the District of Columbia (D. C. Code, sec. 22-505 (a)), presently applying to assaults on police officers and employees of penal, correctional, or juvenile institutions, and extend its coverage specifically to officers and members of the District of Columbia Fire Department and any other fire department operating in the District of Columbia. In emergency situations involving interference with firemen in the performance of their duties, prompt and effective enforcement of a statute specifically covering these situations is necessary to prevent widespread destruction of property. However, no change is proposed in the penalty provision application to one who uses a deadly or dangerous weapon in the commission of any of these offenses (D.C. Code, sec. 22–505(b)). Whether violent or nonviolent, the penalty provided for one who uses a deadly or dangerous weapon in the commission of any of the acts specified is imprisonment for not more than ten years. TITLE III-AUTHORIZE POLICE TO SEIZE MOTOR VEHICLES USED IN NARCOTIC VIOLATIONS Title III would authorize the seizure by any member of the Metropolitan Police force or the United States Park Police, or by the United States marshal for the District of Columbia or any of his deputies, of conveyances used in narcotics violations, in like manner as they are presently authorized to be seized in connection with gambling violations (D. C. Code, sec. 22-1505). Such authority will constitute a useful enforcement tool and obviate the present unsatisfactory procedures whereby the Metropolitan Police Department relies on the Federal Bureau of Narcotics to seize vehicles used in narcotics violations under a provision of the Federal statute. TITLE IV-DISTRICT OF COLUMBIA AUTHORIZED TO ADHERE TO INTERSTATE PAROLE AND PROBATION COMPACT Title IV would authorize the District of Columbia to become a signatory member of the Interstate Parole and Probation Compact, thereby enabling the District to participate in a nation-wide program in which the States, Puerto Rico, and the Virgin Islands cooperate and serve as each other's agent in the supervision of persons on probation or parole. The Compact is applicable to all adult probationers and parolees. It would enable the District of Columbia to place its potential parolees, mandatory releasees, and probationers in their resident jurisdictions in a more orderly and effective manner. It would also provide for the more orderly placement, return, and control of adult probationers and parolees who come from other jurisdictions to live in the District of Columbia. Adherence to the compact, as authorized by this legislation, would also enable law enforcement agencies in the District of Columbia to remove fugitives and violators from the District of Columbia with greater speed and less cost than at the present time. Authorities in other jurisdictions would also be better able to return parolees and probationers from other jurisdictions to the District of Columbia when such persons have been declared to be violators. The District of Columbia is the only remaining jurisdiction eligible to become a signator to the pact that has not done so. Enactment of this legislation and signing of the compact will provide for the more uniform administration of parole and probation procedures throughout the United States. TITLE V-SEPARABILITY Title V would provide that if any provision of this Act were held invalid, the other provisions would not be affected thereby. STATEMENT OF ROBERT F. KNEIPP, ASSISTANT CORPORATION COUNSEL, DISTRICT OF COLUMBIA GOVERNMENT, ON S. 3749 Mr. KNEIPP. S. 3749 deals with four problems relating to crime and criminals in the District of Columbia. The first title of the bill was drafted before the new court reform bill now before the President for signature was passed, and it would add to the Dangerous Weapons Act an amendment which would make a dangerous weapon a molotov cocktail, and incendiary devices of that kind. Senator BIBLE. Isn't that in the present omnibus crime bill? Mr. KNEIPP. Yes; it is. I think it is in section 209 of the court reform bill. It makes it an offense to manufacture, transfer, use, possess, or transport a molotov cocktail, which is defined broadly to include all incendiary devices other than those lawfully and commercially manufactured primarily for the purpose of illumination, construction work, or other lawful purpose. So since much of title I relates to adding to the Dangerous Weapons Act a prohibition against the possession of a molotov cocktail has now been taken care of by section 209 of the court reform bill, I would recommend, Mr. Chairman, that section 101 of title I of the bill be amended so as to limit the addition or the change to be made in the Dangerous Weapons Act to the elimination of the 3-inch limitation on knife blades. Senator BIBLE. We will ask the staff to take a look at that and inform the committee. But, obviously, we just passed the court reform bill or omnibus crime bill. As some refer to it, and I do not want to get different statutes covering the same subject matter on the books, because it only adds to confusion. So, we will ask them to work out title I to make it conform to what we have just done in the recently passed law. Mr. KNEIPP. Yes; Mr. Chairman. Senator BIBLE. All right. Now, about title II. Mr. KNEIPP. Title II expands existing law relating to assaults on policemen and corrections officers so as to include firemen, and this has been made necessary by reason of the rather considerable number of assaults on firemen responding to emergency calls. The Fire Department informs me that during the first 6 months of this year there were 10 reported incidents of this kind and during all of last year 57, and the Fire Department further explains that they are now modifying their equipment so as to add cabs to the engines and protective assemblies for the tillermen on the aerial ladders in order to protect them from the missiles. Their specifications for new equipment require five-men cabs on the engines and trucks, and plastic protective assemblies for the tillermen. The plastic is hard enough to turn away small arms fire as well as other missiles. Senator BIBLE. On that point, what happens if, today while we are having this hearing, someone assaults a fireman? Isn't there a law on the books to take care of that? Mr. KNEIPP. Well, he could be charged with assault, yes, under another provision of law, but the provision of law that we are dealing with here makes it a felony to assault a policeman, corrections officer, or fireman. Senator BIBLE. The change then is in the gravity of the offense; is that what it does? Mr. KNEIPP. Yes. Senator BIBLE. If I assault a policeman, what am I guilty of? Am I guilty of a felony? Mr. KNEIPP. Yes. Senator BIBLE. If I assault a fireman right now, am I? Mr. KNEIPP. No; you are not. You may be charged with assault under another provision of law but not under this provision. Senator BIBLE. What if I assault a policeman today, am I guilty of a felony if I am found guilty? Mr. KNEIPP. Yes. Senator BIBLE. If I assault a fireman today and I am found guilty, am I guilty of a felony? Mr. KNEIPP. Off the top of my head, I cannot say, but I would say it is a less severe penalty. |