DC Council approves radical transformation to criminal code
Fox News' Anita Vogel reports on the soft-on-crime proposals in the city council's initial approval.
The D.C. Council granted second and final approval to a controversial sweeping overhaul of the District's century-old criminal code on Tuesday.
According to FOX 5 D.C., the council unanimously voted in favor of the 450-page Revised Criminal Code Act of 2021, which modernizes most District criminal offenses and is the first comprehensive revision of the D.C. Criminal Code since 1901.
While officials reached a consensus on much of the legislation, provisions to reduce maximum sentences, eliminate nearly all mandatory minimum sentences, as well as the expansion of the right to jury trials by those accused of misdemeanors, were a concern to some.
In October, D.C. U.S. Attorney Matthew Graves acknowledged that his office voted to move forward with Bill 24-416, even following "serious concerns about a number of recommendations."
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U.S. Attorney for D.C. Matthew Graves poses for a portrait in his office in Washington, D.C., on Feb. 25, 2022. (Photo by Craig Hudson for The Washington Post via Getty Images)
"We still have concerns with multiple aspects of this bill and believe that some provisions, while well-intentioned, could undermine community safety and impede the administration of justice in our courts. Despite these concerns, the United States Attorney’s Office for the District of Columbia supports this bill proceeding to mark-up," he said.
FOX 5 noted that an earlier version of the bill called for eliminating all mandatory minimums, but the council's version provided an exception for first-degree murder charges, and that Graves' office had called for a higher maximum penalty for first-degree burglary.
Council member Charles Allen, who Graves thanked, defended the provision.
Committee chairman and council member, Charles Allen, D-Ward 6, questions Dr. Jennifer Smith, director of the Department of Forensic Sciences, about the city's botched Zika virus testing on Feb. 28, 2017, in Washington, D.C. (Photo by Ricky Carioti/The Washington Post via Getty Images)
According to DCist, Allen said the revised code included changes that would address gun crimes and secure appropriate penalties.
In addition, the bill calls for a right to a trial by jury for any offense bearing a penalty of more than 60 days in jail.
"We’ve got to make sure we have a full complement of judges, but it’s also important that people have a right to a jury," Allen said, according to The Washington Post. "D.C. is an extreme outlier. It’s us and only nine other states where people don’t even have a right to a jury."
Allen previously told the outlet that the final product would not reflect every concern and an amendment by Councilmember Brooke Pinto that would have upped sentences drew opposition from Allen and other colleagues.
Mayor Muriel Bower delivers remarks at the Legacy Leadership Luncheon & Awards during National Urban League Conference 2022 - Day 3 at Walter E. Washington Convention Center on July 22, 2022, in Washington, D.C. (Photo by Brian Stukes/Getty Images)
"Survivors/victims are not a monolith. Not all survivors support mandatory sentences. The RCCA allows for more discretion in sentencing, which in turn allows for a more meaningful opportunity for survivors to be heard," The Network for Victim Recovery of D.C. tweeted.
While the bill will now go to Mayor Muriel Bowser's desk — and then to Congress — she and Metropolitan Police Department Chief Robert J. Contee III both opposed the bill's reduction of many sentences.
D.C. Police chief Robert J. Contee III, alongside Mayor Muriel Bowser, speaks during a press conference on the first day of classes at School Within School in Washington, D.C., on Aug, 29, 2022. (Amanda Andrade-Rhoades/For The Washington Post via Getty Images)
Bowser said previously that she was opposed to placing a burden on Washington courts – something that resonated with lawmakers and the chief judges of the Superior Court and the D.C. Court of Appeals – and that reducing sentences "sends the wrong message to … residents when we are using every resource in our government to drive down crime."
DCist reported Bowser had said she would consider vetoing the bill unless certain changes were made.
However, if she does, the council could override her.
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If it makes it past Congress, the provisions would not be implemented until 2025.
Fox News Digital's requests for comment from Bowser's office and the Metropolitan Police Department were not immediately returned.
Fox News Digital's Ronn Blitzer contributed to this report.
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