Conversations Toward Repair #6: DC Revised Criminal Code

Guest: Patrice Sulton, founder and executive director of DC Justice Lab.

Conversations Toward Repair with Patrice Sulton, November 9

DC’s Criminal Code has not been revised in full since it was imposed by Congress in 1901. Resulting confusions include the fact that use of self-defense spray carries the same penalty as use of an assault weapon. Learn more and let your opinions be known before the Council votes on November 15.

More information, including some links for further exploration into the history and details of the Code and its proposed revisions:

UPDATED 1:30 p.m. 11/2 with recording and resources
Additional note: The author of this post, and host of this conversation, endorses no one in this race; We Act Radio, however, has expressed support for both McDuffie and Silverman.

On the November 2 program, Councilmember Elissa Silverman (Independent, At-Large), joins us to discuss some recent developments in the DC election. Among the topics: Recent entry of Opportunity DC IEC (independent expenditure committee) into the race, endorsing Kenyan McDuffie, currently serving as Democrat in Ward 5 but running as independent at-large. Opportunity DC has been sending advertisements displaying some apples to oranges comparisons of the two council members’ records. We’ll also discuss the recent ruling from the Office of Campaign Finance regarding one of Silverman’s primary-season expenditures, for a survey of voters in Ward 3, and other issues in these last weeks of the campaign.

Details regarding Opportunity DC mailing [scroll down]

Karim D. Marshall, independent candidate for DC Council At-Large, shares this article, “To Govern without Fear,” about the complaint he filed with the Office Campaign Finance and related future steps he plans to take.

Resources mentioned on-line

Council Votes and Legislation

To check a Councilmember’s record, visit Legislative Information Management System and click on “Councilmember Voting Search.” The same search link can be used to find information on individual pieces of legislation, committee actions, and more.

Safe and Free DC — Black, collaborative legislative agenda with updates as actions take place.

History

Recognize our history and honor the dead: More than 50 Black voters killed by Klan and other white rioters on November 2, 1920 during Ocoee Election Massacre. For more visit Zinn Education Project

We Act Radio no longer maintaining website; material retrieved from Archive.org

SEPTEMBER REPORT

To date, the DC Council has implemented none of the 90 recommendations provided by its own Police Reform Commission in 2021. The “Safe and Free DC” agenda of 2022 focuses on 18 legislative priorities, some drawn from PRC recommendations. With only three months left in this session of the DC Council, there is still much work to do. The Black-led #SafeAndFreeDC coalition invites all interested to learn more and consider joining them in promoting viable, important legislation.

Police Reform Commission, Council Response

Back in 2020, the DC Council responded to calls for re-examining the role of police in our city with temporary legislation limiting certain practices, including neck restraints, and establishing the DC Police Reform Commission (PRC). PRC was to “examine policing practices in the District and provide evidence-based recommendations for reforming and revisioning policing in the District.” After months of study and deliberation, PRC issued its recommendations in an April 2021 report, Decentering Police to Improve Public Safety (259-page full Decentering Police report; twenty-page Summary). EXACTLY ZERO of the recommendations have been implemented; see GrassRootsDC for “what went wrong.”

2022 Coalition and Summit

Early in 2022, three organizations — DC Justice Lab, Harriet’s Wildest Dreams, and the National Re-entry Network for Returning Citizens — joined together to create the #SafeAndFreeDC shared legislative agenda. It sets forth solutions that are  “evidence-based, directly responsive to community needs and goals, and carefully and thoughtfully drafted.” This Black-led policy platform includes several bills related to the PRC recommendations, some already under Council review and some ready for introduction.

The informative February summit is available on video.

See also: In-depth conversation with Bethany Young, now deputy director of DC Justice Lab and former manager of the DC Police Reform Commission.

Current Status of “Safe and Free” Agenda

ONE of the 18 bills, “Clean Hands Certification Equity Amendment Act,” passed in July of this year. For second of 18, “Revised Criminal Code Act of 2021,” passed November 16.

Seven are still awaiting introduction (some info at Safe and Free DC website at Archive. Nine bills were introduced but have not made it out of the Committee on the Judiciary and Public Safety.

Here for convenience is a synopsis.


Bills introduced but no hearing held or scheduled:

1/21: Reparations Foundation Fund and Task Force Establishment Act (B24-048)
4/21: Record Expungement Simplification to Offer Relief and Equity (RESTORE) Amendment Act (B24-180)
7/22: ERASE Solitary Confinement (B24-0946) — UPDATE 9/21: Hearing Oct 20 [BACK to top]

The following had hearings but are still awaiting committee action:

  • Law Enforcement Vehicular Pursuit Reform Act (24-213); hearing May 2021
  • Strengthening Oversight and Accountability of Police Amendment Act (24-365); hearing Oct 2021
  • Youth Rights Amendment Act (B24-306); hearing Oct 2021
  • Redefinition of Child Amendment Act (24-338); hearing Oct 2021
  • Street Vending Decriminalization Amendment Act (B24-049) introduced in January 2021; hearing was held on November 16; more at November update post (Below)

Individuals are invited to sign on to the legislative agenda.

NOVEMBER REPORT

hearing on Street Vending Decriminalization Amendment Act (B24-049) was held November 16. Council hearing recording here. Advocates are calling on the Council Chair to markup the legislation and call for a vote by November 30 before this session of the Council ends.

Here is a Decrim Vending DC toolkit for contacting Councilmembers.

The second of 18 items in the Safe and Free DC agenda to pass, Revised Criminal Code Act of 2021 (B24-0416), was unanimously approved on second reading 11/16/22. The legislation is subject to funding and so can be opposed via budget by the Mayor; Congressional approval is still pending. Meanwhile, there is still much public opinion circulating, including some that deliberately shares misinformation. DC Justice Lab Executive Director Patrice Sulton discusses details of this important, wide-ranging legislation on Conversations Toward Repair 11/9/22.

BETHANY YOUNG

“Our conversations often stop at feeling safe, which may or not create real safety, which means community members having resources they need to feel safe on their own,” Dr. Bethany Young told We Act Radio back in May 2022. Dr. Young was then on staff of DC Justice Lab. (She is now deputy director emerita AKA “Deputy Director For Life.”) Discussion included efforts to reform police and the criminal legal system, how voters can evaluate candidates’ promises and records on these issues, and ways to advocate for specific changes. This in-depth conversation is as relevant today, and for the November election season, as it was in the Spring/primary season.

…Skip over June 4, 2022 program announcement; introduction of Bethany Young begins at 3:00 mark.

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