Public Law 83–85

The term “Commissioners” means the Board of Commissioners of the District of Columbia;

The term “district court” means the United States District Court for the District of Columbia;

The term “United States attorney” means the United States attorney for the District of Columbia;

The term “municipal court” means The Municipal Court for the District of Columbia; and

The term “District” means the District of Columbia.

Section 3 of the Act entitled “An Act to establish a Board of Indeterminate Sentence and Parole for the District of Columbia and to determine its functions, and for other purposes”, approved July 15, 1932, as amended (D. C. Code, sec. 24–203), is amended

47 Stat. 697.

by inserting “(a)” after “Sec. 3.”; by inserting “, except as provided in subsections (b) and (c)” after “hereafter” in the first sentence; and by adding at the end of the section the following new subsections:

“(b)“(b)

The minimum sentence imposed under this section on a person convicted of an assault with intent to commit rape in violation of section 803 of the Act entitled ‘An Act to establish a code of law for the District of Columbia’, approved March 3, 1901, as amended (D. C. Code, sec. 22–501), or of armed robbery in violation of section 810

31 Stat. 1321, 1322.

D. C. Code 22–2901.

of such Act (D. C. Code 22–3202) shall be not less than two years if the violation occurs after the person has been convicted in the District of Columbia or elsewhere of a crime of violence as defined in section 1 of the Act of July 8, 1932, as amended, providing for the control of

47 Stat. 650.

dangerous weapons in the District of Columbia (D. C. Code, sec. 22–3201). The minimum sentence imposed under this section on a per-son convicted of rape in violation of section 808 of the Act entitled ‘An Act to establish a code of law for the District of Columbia’,

31 Stat. 1322.

approved March 3, 1901, as amended (D. C. Code, sec. 22–2801), shall not be less than seven years if the violation occurs after the person has been convicted in the District of Columbia or elsewhere of a crime of violence, as so defined. The maximum sentence in each case to which this subsection applies shall not be less than three times the minimum sentence imposed, and shall not be more than the maximum fixed by law.

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“(c)“(c)

For a person convicted of—

“(1)“(1)

a violation of section 432 (b) of the Revised Statutes, relating to the District of Columbia, as amended (D. C. Code, sec. 22–505, relating to assault with a dangerous weapon on a police officer) occurring after the person has been convicted of a violation of that section or of a felony, either in the District of Columbia or in another jurisdiction;

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(2)(2)

a violation of section 3 of the Act of July 8, 1932, as amended, providing for the control of dangerous weapons in

Post, p. 93.

the District (D. C. Code, sec. 22–3203, relating to illegal possession of a pistol), occurring after the person has been convicted of violating that section; or

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(3)(3)

a violation of section 209 of the District of Columbia Law

Post, p. 97.

Enforcement Act of 1953 (relating to possession of implements of crime) occurring after the person has been convicted in the District of Columbia of a violation of that section or of a felony, either in the District of Columbia or in another jurisdiction,

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the minimum sentence imposed under this section shall not be less than one year, and the maximum sentence shall not be less than three times the minimum sentence imposed nor more than the maximum fixed by law.”

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Section 4 of the Act entitled “An Act to reorganize the system of parole of prisoners convicted in the District of Columbia”, approved

61 Stat. 379.

July 17, 1947 (D. C. Code, sec. 2A–201C, relating to reduction of minimum sentences), is amended by adding at the end thereof the following new sentence: “If a prisoner is serving a sentence for a crime for which a minmum sentence is prescribed by section 3 (b) of the Act entitled ‘An Act to establish a Board of Indeterminate Sentence and Parole for the District of Columbia and to determine its functions,

Ante, p. 91.

and for other purposes’, approved July 15, 1932, as amended, his minimum sentence shall not be reduced under this section below the minimum sentence so prescribed.”

The amendments made by this section shall not apply with

Nonapplicability.

respect to any sentence imposed for a crime committed before the date of the enactment of this Act.

The first section of the Act entitled “An Act for the suppression of prostitution in the District of Columbia”, approved August 15, 1935, as amended (D. C. Code. sec. 22–2701), is amended to read as

49 Stat. 651.

follows:

“That it shall not be lawful for any person to invite, entice, persuade, or to address for the purpose of inviting, enticing, or persuading, any person or persons sixteen years of age or over in the District of Columbia, for the purpose of prostitution, or any other immoral or lewd purpose, under a penalty of not more than $250 or imprisonment for not more than ninety days, or both.”

For the purposes of this section, the term “Dangerous Weapons Act” means the Act of July 8, 1932, as amended, providing

47 Stat. 650.

for the

D. C. Code 22–3201 to 22–3216.

control of dangerous weapons in the District.

Section 3 of the Dangerous Weapons Act (D. C. Code, sec. 22–3203) is amended to read as follows:

47 Stat. 651.

“Sec. 3. “certain persons forbidden to possess pistols

No person shall own or keep a pistol, or have a pistol in his possession or under his control, within the District of Columbia, if—

“(1)“(1)

he is a drug addict;

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“(2)“(2)

he has been convicted in the District of Columbia or elsewhere of a felony;

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“(3)“(3)

he has been convicted of violating the first, section of the Act entitled ‘An Act for the suppression of prostitution in the District of Columbia’, approved August 15, 1935, as amended (D. C. Code, sec. 22–2701), the first section of the Act entitled

49 Stat. 651.

‘An Act to confer concurrent jurisdiction on the police court of the District of Columbia in certain cases’, approved July 16, 1912 (keeping bawdy house, D. C. Code, sec. 22–2722), or the Act

37 Stat. 192.

entitled ‘An Act to define and punish vagrancy in the District of Columbia, and for other purposes’, approved December 17, 1941 (D. C. Code, title 22, chapter 33); or

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“(4)“(4)

he is not licensed under section 10 of this Act to sell weapons, and he has been convicted of violating this Act.

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No person shall keep a pistol for, or intentionally make a pistol available to, such a person, knowing that he has been so convicted or that he is a drug addict. Whoever violates this section shall be punished

47 Stat. 654.

D. C. Code 22–3215.

as provided in section 15 of this Act, unless the violation occurs after he has been convicted of a violation of this section, in which case he shall be imprisoned for not more than ten years.”

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Section 4 of the Dangerous Weapons Act (D. C. Code, sec. 22–

47 Stat. 651.

3204) is amended by striking out everything after “being so concealed” and inserting in lieu thereof a period and the following new sentence: “Whoever violates this section shall be punished as provided in section

D. C. Code 22–3215.

15 of this Act, unless the violation occurs after he has been convicted in the District of Columbia of a violation of this section or of a felony, either in the District of Columbia or in another jurisdiction, in which case he shall be sentenced to imprisonment for not more than ten years.”

Section 7 of the Dangerous Weapons Act (D. C. Code, sec.

47 Stat. 652.

22–3207) is amended to read as follows:

“Sec. 7. “selling to minors and others

No person shall within the District of Columbia sell any pistol to a person who he has reasonable cause to believe is not of

Ante, p. 93.

sound mind, or is forbidden by section 3 of this Act to possess a pistol, or, except when the relation of parent and child or guardian and ward exists, is under the age of twenty-one years.”

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The second sentence of section 8 of the Dangerous Weapons

47 Stat. 652.

Act (D. C. Code, sec. 22–3208) is amended by striking out “a statement that he has never been convicted in the District of Columbia or elsewhere of a crime of violence” and inserting in lieu thereof “a statement that he is not forbidden by section 3 of this Act to possess a pistol”.

The first sentence of paragraph 3 of section 10 of the Dangerous

47 Stat. 653.

Weapons Act (D. C. Code, sec. 22–3210) is amended to read as follows: “

Ante, p. 93.

No pistol shall be sold (a) if the seller has reasonable cause to believe that the purchaser is not of sound mind or is forbidden by section 3 of this Act, to possess a pistol or is under the age of twenty-one years, and (b) unless the purchaser is personally known to the seller or shall present clear evidence of his identity.”

The first sentence of paragraph 5 of section 10 of the Dangerous

47 Stat. 653.

Weapons Act (D. C. Code, sec. 22–3210) is amended by striking out “a statement signed by the purchaser that he has never been convicted in the District of Columbia or elsewhere of a crime of violence” and inserting in lieu thereof “a statement by the purchaser that he is not

Ante, p. 93.

forbidden by section 3 of this Act to possess a pistol”.

Section 14 of the Dangerous Weapons Act (D. C. Code, sec.

47 Stat. 654.

22–3214) is amended by inserting “(a)” after “Sec. 14.”; by inserting “switch blade knife,” after “sandbag,”; and by adding at the end thereof the following new subsections:

“(b)“(b)

No person shall within the District of Columbia possess, with intent to use unlawfully against another, an imitation pistol, or a dagger, dirk, razor, stiletto, or knife with a blade longer than three inches, or other dangerous weapon.

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“(c)“(c)

Whoever violates this section shall be punished as provided in

D. C. Code 22–3215.

section 15 of this Act, unless the violation occurs after he has been convicted in the District of Columbia of a violation of this section or of a felony, either in the District of Columbia or in another jurisdiction, in which case he shall be imprisoned for not more than ten years.”

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Section 863 (a) of the Act entitled “An Act to establish a code of law for the District of Columbia”, approved March 3, 1901, as amended (D. C. Code, sec. 22–1502), is amended to read as

52 Stat. 199.

follows:

“Sec. 863a.

If any person shall, within the District of Columbia, knowingly have in his possession or under his control, any record, notation, receipt, ticket, certificate, bill, slip, token, paper, or writing,

D. C. Code 22–1501, 22–1504.

Post, p. 96.

current or not current, used or to be used in violating the provisions of sections 863, 865, or 869 of this Act, he shall, upon conviction of each such offense, be fined not more than $1,000 or be imprisoned for not more than one year, or both. For the purpose of this section, possession of any record, notation, receipt, ticket, certificate, bill, slip, token, paper, or writing shall be presumed to be knowing possession thereof.”

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Section 866 of such Act (D. C. Code, sec. 22–1505) is amended

31 Stat. 1331.

to read as follows:

“Sec. 866.

(a)(a)

Any house, building, vessel, shed, booth, shelter, vehicle, enclosure, room, lot, or other premises in the District of Columbia, used or to be used in violating the provisions of section 863 or 865 of this Act, shall be deemed ‘gambling premises’ for the

D. C. Code 22–1501, 22–1504.

purpose of this section.

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“(b)“(b)

It shall be unlawful for any person in the District of Columbia knowingly, as owner, lessee, agent, employee, operator, occupant, or otherwise, to maintain or aid or permit the maintaining of any gambling premises.

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“(c)“(c)

All moneys, vehicles, furnishings, fixtures, equipment, stock (including, without limitation, furnishings and fixtures adaptable to nongambling uses, and equipment and stock for printing, recording, computing, transporting, safekeeping, or communication), or other things of value used or to be used—

“(1)“(1)

in carrying on or conducting any lottery, or the game or device commonly known as a policy lottery or policy, contrary to the provisions of section 863 of this Act;

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“(2)“(2)

in setting up or keeping any gaming table, bank, or device contrary to the provisions of section 865 of this Act; or

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“(3)“(3)

in maintaining any gambling premises,

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shall be subject to seizure by any member of the Metropolitan Police force or the United States Park Police, or the United States marshal, or any deputy marshal, for the District of Columbia, and shall, unless good cause is shown to the contrary by the owner, be forfeited to the District of Columbia by order of any court having jurisdiction, unless good cause is shown to the contrary by the owner, for disposition by public auction or as otherwise provided by law. Bona fide liens against 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. Forfeit moneys and other proceeds realized from the enforcement of this section shall be deposited in the Treasury of the United States to the credit of the District of Columbia.

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“(d)“(d)

Whoever violates this section shall be imprisoned not more than one year or fined not more than $1,000, or both, unless the violation occurs after he has been convicted of a violation of this section, in which case he may be imprisoned for not more than five years, or fined not more than $2,000, or both.”

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Section 869 of such Act, as amended (D. C. Code, sec. 22–1508),

31 Stat. 1331.

is amended to read as follows:

“Sec. 869.

It shall be unlawful for any person, or association of persons, within the District of Columbia to purchase, possess, own, or acquire any chance, right, or interest, tangible or intangible, in any policy lottery or any lottery, or to make or place a bet or wager, accept a bet or wager, gamble or make books or pools on the result of any athletic contest. For the purpose of this section, the term Athletic contest’ means any of the following, wherever held or to be held: a football, baseball, softball, basketball, hockey, or polo game, or a tennis, golf, or wrestling match, or a tennis or golf tournament, or a prize fight or boxing match, or a trotting or running race of horses, or a running race of dogs, or any other athletic or sporting event or contest. Any person or association of persons violating this section shall be fined not more than $1,000 or imprisoned not more than one year, or both.”

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Subchapter five, chapter nineteen, of such Act, as amended

31 Stat. 1330.

(D. C. Code, title 22, ch. 15), is amended by adding thereto a new section as follows:

“Sec. 869f.

(a)(a)

Whenever, in the judgment of the United States attorney for the District of Columbia, the testimony of any witness, or the production of books, papers, or other records or documents, by any witness, in any case or proceeding involving a violation of this subchapter before any grand jury or a court in the District of Columbia, is necessary in the public interest, such witness shall not be excused from testifying or from producing books, papers, and other records and documents on the grounds that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him, or subject him to penalty or forfeiture; but such witness shall not be prosecuted or subject to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise; except that such witness so testifying shall not be exempt from prosecution and punishment for perjury or contempt committed in so testifying.

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“(b)“(b)

The judgment of the United States attorney for the District of Columbia that any testimony, or the production of any books, papers, or other records or documents, is necessary in the public interest shall be confirmed in a written communication over the signature of the United States attorney for the District of Columbia, addressed to the grand jury or the court in the District of Columbia concerned, and shall be made a part of the record of the case or proceeding in which such testimony or evidence is given,”

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Arrests without a warrant, and searches of the person and seizures pursuant thereto, may be made for violation of any section listed in subsection (b), by police officers, as in the case of a felony, upon probable cause that the person arrested is violating the section involved at the time of the arrest.

Subsection (a) shall apply with respect to section 209 of this

Infra.

Act (possession of implements of crime), sections 3, 4, and 14 of the Act of July 8, 1932, as amended, providing for the control of dangerous weapons in the District (D. C. Code, secs. 22–3203, 22–3204, and 22–3214), and section 863 (a) of the Act entitled “An Act to establish a code of law for the District of Columbia”, approved March 3, 1901,

47 Stat. 651, 654.

Ante, p, 95.

as amended (possession of lottery tickets; D. C. Code, sec. 22–1502).

Arrests without a warrant, and searches of the person and seizures pursuant thereto, may be made for violation of section 827 of the Act entitled “An Act to establish a code of law for the District of Columbia”, approved March 3, 1901, as amended (petit larceny; D. C. Code, sec. 22–2202), by police officers, as in the case of a felony,

31 Stat. 1324.

upon probable cause that the person arrested has in his possession at the time of the arrest, property taken in violation of that section.

No evidence discovered in the course of any arrest, search, or seizure authorized by this section shall be admissible in any criminal proceeding against the person arrested unless at the time of such arrest he was violating one of the sections referred to in subsection (b) or had in his possession property taken in violation of the section referred to in subsection (c).

Whoever is found in the District in a gambling establishment or an establishment where intoxicating liquor is sold without a license or any narcotic drug is sold, administered, or dispensed without a license shall, if he knew that it was such an establishment and if he is unable to give a good account of his presence in the establishment, be imprisoned for not more than one year or fined not more than $500, or both.

Whoever is employed in a gambling establishment in the District or an establishment in the District where intoxicating liquor is sold without a license or where any narcotic drug is sold, administered, or dispensed without a license, knowing that it is such an establishment, shall be imprisoned for not more than one year or fined not more than $500, or both.

No person shall have in his possession in the District any instrument, tool, or other implement for picking locks or pockets, or that is usually employed or reasonably may be employed in the commission of any crime, if he is unable satisfactorily to account for the possession of the implement. Whoever violates this section shall be imprisoned for not more than one year and may be fined not more than $1,000, unless the violation occurs after he has been convicted in the District of a violation of this section or of a felony, either in the District or in another jurisdiction, in which case he shall be imprisoned for not less than one nor more than ten years.

Paragraph (2) of the first section of the Act entitled “An Act to define and punish vagrancy in the District of Columbia, and for other purposes”, approved December 17, 1941 (D. C. Code, sec. 22–3302),

47 Stat. 650.

is repealed.

Whoever, with intent to provoke a breach of the peace, or under circumstances such that a breach of the peace may be occasioned thereby,—

shall be fined not more than $250 or imprisoned not more than ninety days, or both.

Section 18 of the Act entitled “An Act for the preservation of the public peace and the protection of property within the District

27 Stat. 325.

of Columbia”, approved July 29, 1892 (D. C. Code, sec. 22–109), is amended by inserting “section 211 of the District of Columbia Law Enforcement Act of 1953 or” after “violations of” and after “convicted of any violation of”.

Section 826 of the Act entitled “An Act to establish a code of law for the District of Columbia”, approved March 3, 1901, as amended (D. C. Code, sec. 22–2201), is amended by striking out

50 Stat. 628.

“$50” and inserting in lieu thereof “$100”.

Section 826c of such Act, as amended (D. C. Code, sec. 22–2204a), is amended by striking out “$50” and inserting in lieu

56 Stat. 143.

thereof “$100”.

Section 827 of such Act, as amended (D. C. Code, sec. 22–2202),

50 Stat. 628.

is amended by striking out “$50” and inserting in lieu thereof “$100”.

Section 828 of such Act, as amended (D. C. Code, sec. 22–2208),

31 Stat. 1324.

is amended by striking out “thirty-five dollars” and inserting in lieu thereof “$100”.

Section 842 of such Act, as amended (D. C. Code, sec. 22–1301),

50 Stat. 628.

is amended by striking out “$50” and inserting in lieu thereof “$100”.

Section 851a of such Act, as amended (D. C. Code, sec. 22–1207),

50 Stat. 629.

is amended by striking out “$50” and inserting in lieu thereof “$100”.

Section 851b of such Act, as amended (D. C. Code, sec. 22–2203),

50 Stat. 629.

is amended by striking out “$50” and inserting in lieu thereof “$100”.

Section 386 of the Revised Statutes, relating to the District of Columbia, as amended (D. C. Code, sec. 4–134), is amended to read as follows:

“Sec. 386.

The Board of Commissioners shall cause the Metropolitan Police force to keep the following records:

“(1)“(1)

General complaint files, in which shall be entered every complaint preferred upon personal knowledge of the circumstances thereof, with the name and residence of the complainant;

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“(2)“(2)

Records of lost, missing, or stolen property;

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“(3)“(3)

A personnel record of each member of the Metropolitan Police force, which shall contain his name and residence; the date and place of his birth; his marital status; the date he became a citizen, if foreign born; his age; his former occupation; and the dates of his appointment and separation from office, together with the cause of the latter; and

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“(4)“(4)

Such other records as the Board of Commissioners considers necessary for the efficient operation of the Metropolitan Police force.”

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Section 389 of the Revised Statutes, relating to the District of Columbia, as amended (D. C. Code, sec. 4–135), is amended to read as follows:

“Sec. 389.

The records required to be kept by paragraphs (1), (2), and (3) of section 386 shall be open to public inspection when not in actual use.”

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Section 390 of the Revised Statutes, relating to the District of Columbia, as amended (D. C. Code, sec. 4–137), is amended to read as follows:

“Sec. 390.

All records of the Metropolitan Police force shall be preserved, except that the Board of Commissioners, upon recommenda-tion of the major and superintendent of police, may cause records which it considers to be obsolete or of no further value to be destroyed.”

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In addition to the records kept under section 386 of the Revised Statutes, relating to the District of Columbia (D. C.

Ante, p. 99.

Code, sec. 4– 134), the Metropolitan Police force shall keep a record of each case in which an individual in the custody of any police force or of the United States marshal is charged with having committed a criminal offense in the District (except those traffic violations and other petty offenses to which the Commissioners determine this section should not apply). The record shall show—

The Attorney General, the Corporation Counsel, the United States Commissioner for the District, the clerk of the district court, the clerk of the municipal court, and the Director of the Department of Corrections shall furnish the Chief of Police with such information as the Commissioners consider necessary to enable the Metropolitan Police force to carry out this section.

Whenever the Board of Parole of the District of Columbia has authorized the release of a prisoner under section 4 of the Act entitled "An Act to establish a Board of Indeterminate Sentence and Parole for the District of Columbia and to determine its functions, and for other purposes", approved July 15, 1932, as amended (D. C.

47 Stat. 697.

Code, sec. 24– 204), or the United States Board of Parole has authorized the release of a prisoner under section 6 of that Act, as amended (D. C.

47 Stat. 698.

Code, sec. 24– 206), it shall notify the Chief of Police of that fact as far in advance of the prisoner’s release as possible.

Except in cases covered by subsection (a) of this section, notice that a prisoner under sentence of six months or more is to be released from an institution under the management and regulation of the Director of the Department of Corrections shall be given to the Chief of Police as far in advance of the prisoner’s release as possible.

The Commissioners shall obtain a bond to secure the District against loss resulting from any act of dishonesty by any officer or member of the Metropolitan Police force. Bonds obtained under this section shall be in such amounts, and may secure the District against loss resulting from such other acts by officers and members of the Metropolitan Police force, as the Commissioners shall consider appropriate. The Commissioners may obtain such bonds by negotiation, without regard to section 3709 of the Revised Statutes, as amended (41 U. S. C., sec. 5), and shall pay the cost of such bonds out of funds appropriated for the expenses of the Metropolitan Police Department, for fiscal years beginning after June 30, 1953.

Section 2 of the Act entitled “An Act relating to the Metropolitan police of the District of Columbia”, approved February 28, 1901 (D. C. Code, sec. 4–109), is repealed.

This section shall take effect July 1, 1953.

Section 413 of the Revised Statutes, relating to the District of Columbia (D. C. Code, sec. 4–156), is amended by adding

55 Stat. 185.

at the end thereof the following new sentence: “Before delivering any property coming into his custody as a result of the death of the owner or the execution by the United States marshal of a judgment to recover possession of real property, or any property which is lost, abandoned, or alleged to have been feloniously obtained or to be the proceeds of crime, the property clerk shall collect from the person claiming the property a fee, to be fixed under regulations prescribed by the Board of Commissioners, to reimburse the District of Columbia for the cost of services rendered by the Metropolitan Police force in taking custody of, protecting, and storing the property.”

Any vehicle impounded by any officer or member of the Metropolitan Police force may be kept impounded until the person claiming the vehicle pays a fee, to be fixed under regulations prescribed by the Commissioners, to reimburse the District for the cost of storing the vehicle, for each day in excess of seven days during which it is impounded.

Fees collected by reason of this section shall be paid into the Treasury of the United States to the credit of the District of Columbia.

The Council on Law Enforcement in the District of Columbia (referred to in this section as the “Council”) is hereby created.

The Council shall be composed of the following members:

The Council shall make a continuing study and appraisal of crime and law enforcement in the District, and shall make a report to the Senate and the House of Representatives at the beginning of each regular session of Congress.

The Council shall select a chairman from among its members. The Council shall meet at regular intervals at least four times annually, at times to be fixed by the chairman. A special meeting may be held at any time upon the call of the chairman. The first meeting of the Council shall be called by the President of the Board of Commissioners, who shall preside until a chairman is selected.

Section 7 of the District of Columbia Alcoholic Beverage

48 Stat. 322.

Control Act, as amended (D. C. Code, sec. 25–107), is amended by striking out the period following the word “morals” at the end of the first paragraph thereof and inserting in lieu thereof the following: “, and the Commissioners are further authorized to prescribe such rules and regulations not inconsistent with this Act as they may deem necessary to properly and adequately control the consumption of alcoholic beverages on premises licensed under paragraph (1) of section 11 of this Act, with specific authority to prescribe the hours during which alcoholic beverages may be consumed on such premises.”

Section 9 (a) of the District of Columbia Alcoholic Beverage

48 Stat. 323.

Control Act, as amended (D. C. Code, sec. 25–109 (a)), is amended by adding at the end thereof the following new paragraph:

“It shall be unlawful for any person operating any premises where food, nonalcoholic beverages, or entertainment are sold or provided for compensation, and where facilities are especially provided and service is rendered for the consumption of alcoholic beverages, who does not possess a license under this Act, to permit the consumption of such alcoholic beverages on such premises.”

Section 10 of the District of Columbia Alcoholic Beverage Control Act, as amended (D. C. Code, sec. 25–110), is amended to read

48 Stat. 324.

as follows:

“Sec. 10.

The Board is authorized to issue licenses to individuals, partnerships, or corporations, but not to unincorporated associations, on application duly made therefor, for the manufacture, sale, offer for sale, consumption on premises of clubs where food, nonalcoholic beverages, or entertainment are sold or provided for compensation, or solicitation of orders for sale of alcoholic beverages within the District of Columbia. The Board shall keep a full record of all applications for licenses, and of all recommendations for and remonstrances against the granting of licenses and of the action taken thereon.”

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Section 11 of the District of Columbia Alcoholic Beverage Control Act, as amended (D. C. Code, sec. 25–111), is amended by striking

48 Stat. 324.

out the word “eleven” in the first sentence thereof and inserting in lieu thereof the word “twelve”, and by adding immediately before the last paragraph thereof the following new subsection:

“(l)“(l)

Consumption License for a Club.—

Such a license shall be issued only for a club. The word ‘club’ within the meaning of this paragraph is a corporation for the promotion of some common object (not including corporations organized or conducted for any commercial or business purpose, or for money profit), owning, hiring, or leasing a building or space in a building of such extent and character as in the judgment of the Board may be suitable and adequate for the reasonable and comfortable use and accommodations of its members and their guests; and the affairs and management of such corporation are conducted by a board of directors, executive committee, or similar body chosen by the members at least once each calendar year, and no officer, agent, or employee of the club is paid, directly or indirectly, or receives in the form of salary or other compensation, any profit from the conduct and operation of the club beyond the amount of such salary as may be fixed and voted by the members or by its directors or other governing body. No license shall be issued to a club which has not been established for at least three months immediately prior to the making of the application for such license. Such a license shall authorize the holder thereof to permit consumption of alcoholic beverages on such parts of the licensed premises as may be approved by the Board. The annual fee for such a license shall be $100.”

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The first sentence of section 14 (b) of the District of Columbia Alcoholic Beverage Control Act, as amended (D. C. Code, sec. 25–115 (b)), is amended to read as follows: “Before granting a license

48 Stat. 328.

section 11 (1) of this Act or a retailer’s license, except a retailer’s license class E or class F, the Board shall give notice by advertisement published once a week and for at least two weeks in some newspaper of general circulation published in the District of Columbia.”

The first sentence of section 14 (c) of the District of Columbia Alcoholic Beverage Control Act, as amended (D. C. Code, sec. 25–115 (c)), is amended by striking out the words “or class D” and inserting in

48 Stat. 329.

lieu thereof the following: “, class D or a license issued under section 11 (D of this Act”.

Section 20 of the District of Columbia Alcoholic Beverage Control Act, as amended (D. C. Code, sec. 25–121), is amended by adding

48 Stat. 331.

at the end thereof the following new paragraph:

“No person being the holder of a license issued under section 11 (1) of this Act shall permit on the licensed premises the consumption of alcoholic beverages, with the exception of beer and light wines, by any person under the age of twenty-one years, or permit the consumption of beer and light wines by any person under the age of eighteen years; or the consumption of any beverage by any intoxicated person, or any person of notoriously intemperate habits, or any person who appears to be intoxicated; and ignorance of the age of any such minor shall not be a defense to any action instituted under this section. No licensee shall be liable to any person for damages claimed to arise from refusal to permit the consumption of any beverage on any premise licensed under section 11 (1) of this Act.”

Section 28 of the District of Columbia Alcoholic Beverage

48 Stat. 333.

Control Act, as amended (D. C. Code, sec. 25–128), is amended to read as follows:

“Sec. 28.

(a)(a)

No person shall in the District of Columbia drink any alcoholic beverage in any street, alley, park, or parking; or in any vehicle in or upon the same; or in or upon any premises where food, nonalcoholic beverages, or entertainment are sold or provided for compensation not licensed under this Act; or in any place to which the public is invited for which a license has not been issued hereunder permitting the sale and consumption of such alcoholic beverage upon such premises except premises licensed under section 11 (1) of this Act; or in any place to which the public is invited (for which a license under this Act has been issued) at a time when the sale of such alcoholic beverages on the premises is prohibited by this Act or by the regulations promulgated thereunder, or in any place for which a license under section 11 (1) of this Act has been issued at a time when the consumption of such alcoholic beverages on the premises is prohibited by regulations promulgated under this Act. No such person shall be drunk or intoxicated in any street, alley, park, or parking: or in any vehicle in or upon the same or in any place to which the public is invited, or at any public gathering and no person anywhere shall be drunk or intoxicated and disturb the peace of any person.

#

“(b)“(b)

Any person violating the provisions of this section shall be punished by a fine of not more than $100 or by imprisonment for not more than ninety days, or both.”

#

#

Section 29 (a) of the District of Columbia Alcoholic Beverage

48 Stat. 334.

Control Act, as amended (D. C. Code, sec. 25–129 (a), is amended to read as follows:

“Sec. 29.

(a)(a)

A search warrant may be issued by any judge of The Municipal Court for the District of Columbia or by a United States commissioner for the District of Columbia when any alcoholic beverages are manufactured for sale, kept for sale, sold, or consumed in violation of the provisions of this Act, and any such alcoholic beverages and. any other property designed for use in connection with such unlawful manufacture for sale, keeping for sale, selling, or consumption may be seized thereunder, and shall be subject to such disposition as the court may make thereof, and such alcoholic beverages may be taken on the warrant from any house or other place in which it is concealed.”

#

#

The District of Columbia Alcoholic Beverage Control Act, as

48 Stat. 319.

D. C. Code 25–101 to 25–138.

amended, is further amended by adding at the end thereof the following new section:

“Sec. 41.

(a)(a)

Any building, ground, premises, or place where any

Nuisance.

intoxicating beverage is manufactured, sold, kept for sale, or permitted to be consumed in violation of this Act is hereby declared to be a nuisance, and may be enjoined and abated as hereinafter provided.

#

“(b)“(b)

An action to enjoin any nuisance defined in subsection (a) of

Enjoinment or abatement.

this section may be brought in the name of the District of Columbia by the corporation counsel of the District of Columbia, or any of his assistants, in the civil branch of The Municipal Court for the District of Columbia against any person conducting or maintaining such nuisance or knowingly permitting such nuisance to be conducted or maintained. The rules of The Municipal Court for the District of Columbia relating to the granting of an injunction or restraining order shall be applicable with respect to actions brought under this subsection, except that the District as complaining party shall not be required to furnish bond or security. It shall not be necessary for the court to find the building, ground, premises, or place was being unlawfully used as aforesaid at the time of the hearing, but on finding that the material allegations of the complaint are true, the court shall enter an order restraining the defendant from manufacturing, selling, keeping for sale, or permitting to be consumed any alcoholic beverage in violation of this Act. When an injunction, either temporary or permanent. has been granted it shall be binding on the defendant throughout the District of Columbia. Upon final judgment of the court ordering such nuisance to be abated, the court may order that the defendant, or any one claiming under him, shall not occupy or use, for a period of one year thereafter, the building, ground, premises, or place upon which the nuisance existed, but the court may, in its discretion, permit the defendant to occupy or use the said building, ground, premises, or place, if the defendant shall give bond with sufficient security to be approved by the court, in the penal and liquidated sum of not less than $500 nor more than $1,000, payable to the District of Columbia, and conditioned that intoxicating beverages will not thereafter be manufactured, sold, kept for sale, or permitted to be consumed in or upon the building, ground, premises, or place in violation of this Act.

#

“(c)“(c)

In the case of the violation of any injunction, temporary or permanent, rendered pursuant to the provisions of this section, proceedings for punishment for contempt may be commenced by the corporation counsel or any of his assistants, by filing with the court in the same case in which the injunction was issued a petition under oath setting out the alleged offense constituting the violation and serving a copy of said petition upon the defendant requiring him to appear and answer the same within ten days from the service thereof. The trial shall be promptly held and may be upon affidavits or either party may demand the production and oral examination of the witnesses. Any person found guilty of contempt under the provisions of this section shall be punished by a fine of not more than $1,000 or by imprisonment for not more than twelve months, or by both such fine and imprisonment.”

#

#

Subsections (b) and (h) of this section shall take effect sixty

Effective date of subsections.

days after the date of the enactment of this Act.

Section 930 of the Act entitled “An Act to establish a code of law for the District of Columbia”, approved March 3, 1901,

31 Stat. 1340.

as amended (D. C. Code, sec. 23–401), is amended by inserting “(a)” after “Sec. 930. Extradition.—” and adding at the end thereof the following new subsections:

“(b)“(b)

The chief judge of the United States District Court, for the District of Columbia may also surrender, on demand of the executive authority of any State, any person in the District of Columbia charged in such State in the manner provided in subsection (a) of this section with committing an act in the District of Columbia, or in another State, intentionally resulting in a crime in the State whose executive authority is making the demand, even though the accused was not in that State at the time of the commission of the crime, and has not fled therefrom.

#

“(c)“(c)

No person apprehended in accordance with the provisions of Subsections (a) and (to) of this section shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken before the chief judge of the United States District Court for the District of Columbia who shall inform him of the demand made for his surrender, and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and if such person or his counsel shall state that he or they desire to test the legality of his arrest, the judge shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the United States attorney for the District of Columbia, and to the said agent, of the demanding State: Provided, however, That nothing contained in this subsection shall prevent such person from waiving his right to appear before the chief judge of the United States District Court for the District of Columbia and voluntarily returning in custody of a proper official to the jurisdiction of the State, Territory, or other possession of the United States which is demanding him.”

#

The Act entitled “An Act to provide for the detention of fugitives apprehended in the District of Columbia”, approved April 21, 1928 (D. C. Code, secs. 23–401–410), is amended by inserting at the end

31 Stat. 1340; 45 Stat. 440.

thereof the following new section:

“Sec. 8.

(a)(a)

The agent of the demanding State to whom the prisoner may have been delivered in accordance with the provisions of section 930 of the Act entitled ‘An Act to establish a code of law for the District of Columbia’, approved March 3, 1901, as amended, may, when

Ante, p. 106.

necessary, confine the prisoner in the Washington Asylum and Jail; and the superintendent of the Washington Asylum and Jail must receive and safely keep the prisoner for such reasonable time as will enable the officer or person having charge of him to proceed on his route, such officer or person being chargeable with the expense of keeping.

#

“(b)“(b)

The officer or agent of a demanding State to whom a prisoner may have been delivered following extradition proceedings in another State, or to whom a prisoner may have been delivered after waiving extradition in such other State, and who is passing through the District of Columbia with such a prisoner for the purpose of immediately returning such prisoner to the demanding State, may, when necessary, confine the prisoner in the Washington Asylum and Jail; and the superintendent of the Washington Asylum and Jail must receive and safely keep the prisoner for such reasonable time as will enable the officer or agent to proceed on his route, such officer or agent, however, being chargeable with the expense of keeping: Provided, however, That such officer or agent shall produce and show to the superintendent satisfactory written evidence of the fact that he is actually transporting such prisoner to the demanding State after a requisition by the executive authority of such demanding State. Such prisoner shall not be entitled to demand a new requisition while in the District of Columbia.”

#

#

Section 199 of the Act entitled “An Act to establish a code of law for the District of Columbia”, approved March 3, 1901, as amended (D. C. Code, sec. 11–1402), is amended to read as follows:

31 Stat. 1222.

“Sec. 199.

The said jurors shall be selected, as nearly as may be, from the different parts of the District, and shall be selected, as nearly as may be, from its intelligent and upright residents.”

#

Section 215 of such Act, as amended (D. C. Code, sec. 11–1417),

31 Stat. 1223.

is amended by striking out “and under sixty-five”.

Any officer or employee of the District who refuses to testify upon matters relating to his office or employment in any proceeding wherein he is a defendant or is called as a witness, upon the ground that his answer may tend to incriminate him or compel him to be a witness against himself, or who refuses so to testify on such ground when called by a grand jury or a congressional committee, shall forfeit his office or employment and any emolument, perquisite, or benefit (by way of pension or otherwise) arising therefrom, and be disqualified from holding any public office or employment under the District.

Any former officer or employee of the District who refuses to testify upon matters relating to his former office or employment in any proceeding wherein he is a defendant or is called as a witness, upon the ground that his answer may tend to incriminate him or compel him to be a witness against himself, or who refuses so to testify on such ground when called by a grand jury or a congressional committee, shall forfeit any emolument, perquisite, or benefit (by way of pension or otherwise) arising from such former office or employment, and be disqualified from holding any public office or employment under the District.

If the retirement pay, pension, or annuity of any officer or employee or former officer or employee of the District is forfeited under this section, there shall be paid to such individual a sum equal to (1) the total amount paid by him as contributions toward such retirement pay, pension, or annuity, plus any accrued interest attributable to such contributions, less (2) the total amount of such retirement pay, pension, or annuity received by him prior to such forfeiture.

Section 5 (c) of the Act of April 1, 1942, as amended

56 Stat. 193.

(D. C. Code, sec. 11–756 (c)), is amended by inserting before “to punish” the following: “in any case or proceeding, whether civil or criminal,”.

The first sentence of section 48 of the Act entitled “An Act to establish a code of law for the District of Columbia”, approved

31 Stat. 1197.

March 3, 1901, as amended (D. C. Code, sec. 11–606), is amended by striking out “; to punish contempts by fine not exceeding twenty dollars and imprisonment for not more than forty-eight hours, or either, and” and inserting in lieu thereof a comma.