Public Law 90–226

Sec. 101.

Section 397 of the Revised Statutes of the United States, relating to the District of Columbia (D.C. Code, sec. 4–140), is amended to read as follows:

“Sec. 397.

(a)(a)

An officer or member of the Metropolitan Police force may arrest without a warrant and take into custody any person who commits, or threatens or attempts to commit, in the presence of, or within the view of, such officer or member any breach of the peace or offense directly prohibited by an Act of Congress or by any other law in force in the District.

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“(b)“(b)

An officer or member of the Metropolitan Police force may arrest, a person without a warrant if he has probable cause to believe that such person (1) has committed or is about to commit any offense listed in subsection (c) of this section, and (2) unless immediately arrested, may not be apprehended, may cause injury to others or damage to property, or may tamper with, dispose of, or destroy evidence.

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“(c)“(c)

The offenses referred to in subsection (b) of this section are—

Offenses.

“(1)“(1)

those offenses specified in the following sect ions of the Act of March 3, 1901: Section 806 (relating to assault)(D.C. Code, sec. 22–504), section 824 (relating to unlawful entry)(D.C. Code

31 Stat. 1322.

, sec. 22–3102), and section 829 (relating to receiving stolen goods)

66 Stat. 766.

(D.C. Code, sec. 22–2205); and

67 Stat. 98.

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“(2)“(2)

attempts to commit the offenses specified in the following sections of the Act of March 3, 1901: Section 823 (relating to

Post, p. 736.

house-breaking)(D.C. Code, sec. 22–1801), section 826 (relating

50 Stat. 628.

to grand larceny)(D.C. Code, sec. 22–2201), and section 826b (relating to unauthorized use of vehicles)(D.C. Code, sec. 22–2204).”

37 Stat. 656.

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Sec. 201.

Section 927 of the Act entitled “An Act to establish a code

Insane criminals.

of law for the District of Columbia”, approved March 3, 1901 (D.C. Code, sec. 24–301), is amended by adding at the end thereof the following

69 Stat. 609.

new subsections:

“(i)“(i)

When a person has been ordered confined in a hospital for the mentally ill pursuant to this section and has escaped from such hospital, the court which ordered confinement shall, upon request of the government, order the return of the escaped person to such hospital. The return order shall be effective throughout the United States. Any Federal judicial officer within whose jurisdiction the escaped person shall be found shall, upon receipt of the return order issued by the committing court, cause such person to be apprehended and delivered up for return to such hospital.

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“(j)“(j)

Insanity shall not be a defense in any criminal proceeding in the United States District Court for the District of Columbia or in the District of Columbia court of general sessions, unless the accused or his attorney in such proceeding, at the time the accused enters his plea of not guilty or within fifteen days thereafter or at such later time as the court may for good cause permit, files with the court and serves upon the prosecuting attorney written notice of his intention to rely on such defense.”

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Sec. 301.

Sec. 401.

Section 862 of the Act entitled “An Act to establish a code of law for the District of Columbia”, approved March 3, 1901 (D.C.

31 Stat. 1330.

Code, sec 22–703), is amended to read as follows:

“Sec. 862.

(a)(a)

Whoever corruptly, by threats or force, endeavors to influence, intimidate, or impede any juror, witness, or officer in any court in the District in the discharge of his duties, or, by threats or force, in any other way obstructs or impedes or endeavors to obstruct or impede the due administration of justice therein, or whoever willfully endeavors by means of bribery, misrepresentation, intimidation, or force or threats of force, to obstruct, delay, or prevent the communication to an investigator of the District of Columbia government. by any person of information relating to a violation of any criminal statute in effect in the District of Columbia, or injures any person or his property on account of the giving by such person or by any other person of such information to any such investigator in the course of the conduct of any criminal investigation, shall be fined not more than $1,000 or be imprisoned not more than three years, or both.

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“(b)“(b)

As used in this section, the term ‘criminal investigation’ means an investigation relating to a violation of any criminal statute in

“Investigator.”

effect in the District of Columbia, and the term ‘investigator’ means an individual duly authorized by the Commissioner or his designated agent to conduct or engage in such an investigation.”

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Sec. 501.

The definition of “crime of violence” contained in section 1 of the Act entitled “An Act to control the possession, sale, transfer, and use of pistols and other dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of evidence, and

47 Stat. 650.

for other purposes”, approved July 8, 1932 (D.C. Code, sec. 22–3201), is amended by inserting immediately after “burglary,” the following: “robbery,”.

Sec. 601.

Section 803 of the Act entitled “An Act to establish a code of law for the District of Columbia”, approved March 3, 1901 (D.C. Code, sec. 22–501), is amended by inserting immediately after “for not” the following: “less than two years or”.

Sec. 602.

Section 823 of the Act entitled “An Act to establish a code of law for the District of Columbia”, approved March 3, 1901 (D.C.

31 Stat. 1323.

Code, sec. 22–1801), is amended to read as follows:

“Sec. 823. Burglary.—

(a)(a)

Whoever shall, either in the nighttime or in the daytime, break and enter, or enter without breaking, any dwelling, or room used as a sleeping apartment in any building, with intent to break and carry away any part thereof, or any fixture or other thing attached to or connected thereto or to commit any criminal offense, shall, if any person is in any part of such dwelling or sleeping apartment at the time of such breaking and entering, or entering without breaking, be guilty of burglary in the first degree. Burglary in the first degree shall be punished by imprisonment for not less than five years nor more than thirty years.

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“(b)“(b)

Except as provided in subsection (a) of this section, whoever shall, either in the night or in the daytime, break and enter, or enter without breaking, any dwelling, bank, store, warehouse, shop, stable, or other building or any apartment or room, whether at the time occupied or not, or any steamboat, canalboat, vessel, or other watercraft, or railroad car or any yard where any lumber, coal, or other goods or chattels are deposited and kept for the purpose of trade, with intent to break and carry away any part thereof or any fixture or other thing attached to or connected with the same, or to commit any criminal offense, shall be guilty of burglary in the second degree. Burglary in the second degree shall be punished by imprisonment for not less than two years nor more than fifteen years.”

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Sec. 603.

Section 810 of the Act entitled “An Act to establish a code

Robbery.

of law for the District of Columbia”, approved March 3, 1901 (D.C. Code, sec. 22–2901), is amended by striking out “six months” and inserting

31 Stat. 1322.

in lieu thereof “two years”.

Sec. 604.

Section 869e of the Act entitled “An Act to establish a code

Athletic contests.

of law for the District of Columbia”, approved March 3, 1901 (D.C. Code, sec. 22—1513), is amended by adding the following new subsection

61 Stat. 313.

at the end thereof:

“(f)“(f)

Nothing in this section shall be construed to prohibit the giving or offering of any bonus or extra compensation to any manager, coach, or professional player, or to any league, association, or conference for the purpose of encouraging such manager, coach, or player to a higher degree of skill, ability, or diligence in the performance of his duties.”

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Sec. 605.

Section 2 of the Act entitled “An Act to control the possession,

Crimes while armed.

sale, transfer, and use of pistols and other dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of evidence, and for other purposes”, approved July 8, 1932 (D.C. Code, sec. 22–3202), is amended to read as follows:

47 Stat. 650.

“Sec. 2.

If any person shall commit a crime of violence in the District of Columbia when armed with or having readily available any pistol or other firearm, or other dangerous or deadly weapon, including mt not limited to, sawed-off shotgun, shotgun, machinegun, rifle, dirk, bowie knife, butcher knife, switchblade knife, razor, blackjack, billy, metallic or other false knuckles, he may in addition to the punishment provided for the crime be punished by imprisonment for an indeterminate number of years up to life as determined by the court. If a person is convicted more than once of having committed a crime of violence in the District of Columbia when armed with or having readily available any pistol or other firearm, or other dangerous or deadly weapon, including but not limited to, sawed-off shotgun, shotgun, machinegun, rifle, dirk, bowie knife, butcher knife, switchblade knife, razor, blackjack, billy, metallic or other false knuckles, then, notwithstanding any other provision of law, the court shall not suspend his sentence or give him a probationary sentence.”

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Sec. 606.

Section 872 of the Act entitled “An Act to establish a code

Obscenity.

of law for the District of Columbia”, approved March 3, 1901 (D.C. Code, sec. 22–2001), is amended to read as follows:

31 Stat. 1332.

“Sec. 872. Obscenity.—

(a)(a)

(1)(1)

It shall be unlawful in the District of Columbia for a person knowingly—

“(A)“(A)

to sell, deliver, distribute, or provide, or offer or agree to sell, deliver, distribute, or provide any obscene, indecent, or filthy writing, picture, sound recording, or other article or representation;

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“(B)“(B)

to present, direct, act in, or otherwise participate in the preparation or presentation of, any obscene, indecent, or filthy play, dance, motion picture, or other performance;

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“(C)“(C)

to pose for, model for, print, record, compose, edit, write, publish, or otherwise participate in preparing for publication, exhibition, or sale, any obscene, indecent, or filthy writing, picture, sound recording, or other article or representation;

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“(D)“(D)

to sell, deliver, distribute, or provide, or offer or agree to sell, deliver, distribute or provide any article, thing, or device which is intended for or represented as being for indecent or immoral use;

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“(E)“(E)

to create, buy, procure, or possess any matter described in the preceding subparagraphs of this paragraph with intent to disseminate such matter in violation of this subsection;

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“(F)“(F)

to advertise or otherwise promote the sale of any matter described in the preceding subparagraphs of this paragraph; or

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“(G)“(G)

to advertise or otherwise promote the sale of material represented or held out by such person to be obscene.

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“(2)“(2)

(A)(A)

For purposes of subparagraph (E) of paragraph (1) of this subsection, the creation, purchase, procurement, or possession of a mold, engraved plate, or other embodiment of obscenity specially adapted for reproducing multiple copies or the possession of more than three copies, of obscene, indecent, or filthy material shall be prima facie evidence of an intent to disseminate such material in violation of this subsection.

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“(B)“(B)

For purposes of paragraph (1) of this subsection, the term ‘knowingly’ means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of, the character and content of any article, thing, device, performance, or representation described in paragraph (1) of this subsection which is reasonably susceptible of examination.

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“(3)“(3)

When any person is convicted of a violation of this subsection, the court in its judgment of conviction may, in addition to the penalty prescribed, order the confiscation and disposal of any materials described in paragraph (1), which were named in the charge against such person and which were found in the possession or under the control of such person at the time of his arrest.

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“(b)“(b)

(1)(1)

It shall be unlawful in the District of Columbia for any person knowingly—

“(A)“(A)

to sell, deliver, distribute, or provide, or offer or agree to sell, deliver, distribute, or provide, to a minor—

“(i)“(i)

any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body, which depicts nudity, sexual conduct, or sadomasochistic abuse and which taken as a whole is patently offensive because it affronts prevailing standards in the adult community as a whole with respect to what is suitable material for minors; or

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“(ii)“(ii)

any book, magazine, or other printed matter however reproduced or sound recording, which depicts nudity, sexual conduct, or sadomasochistic abuse or which contains explicit and detailed verbal descriptions or narrative accounts or sexual excitement, sexual conduct, or sadomasochistic abuse and which taken as a whole is patently offensive because it affronts prevailing standards in the adult community as a whole with respect to what is suitable material for minors; or

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“(B)“(B)

to exhibit to a minor, or to sell or provide to a minor an admission ticket to, or pass to, or to admit a minor to, premises whereon there is exhibited, a motion picture, show, or other presentation which, in whole or in part, depicts nudity, sexual conduct, or sadomasochistic abuse and which taken as a whole is patently offensive because it affronts prevailing standards in the adult community as a whole with respect to what is suitable material for minors.

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“(2)“(2)

For purposes of paragraph (1) of this subsection:

Definitions.

“(A)“(A)

The term ‘minor means any person under the age of seventeen years.

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“(B)“(B)

The term ‘nudity’ includes the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state;

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“(C)“(C)

The term ‘sexual conduct’ includes acts of sodomy, masturbation, homosexuality, sexual intercourse, or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person be a female, breast.

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“(D)“(D)

The term ‘sexual excitement’ includes the condition of human male or female genitals when in a state of sexual stimulation or arousal.

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“(E)“(E)

The term ‘sadomasochistic abuse’ includes flagellation or torture by or upon a person clad in undergarments or a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed.

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“(F)“(F)

The term ‘knowingly’ means having a general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry or both of—

“(i)“(i)

the character and content of any material described in paragraph (1) of this subsection which is reasonably susceptible of examination by the defendant; and

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“(ii)“(ii)

the age of the minor.

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“(c)“(c)

It shall be an affirmative defense to a charge of violating subsection

Scientific institutions, etc.

(a) or (b) of this section that the dissemination was to institutions or individuals having scientific, educational, or other special justification for possession of such material.

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“(d)“(d)

Nothing in this section shall apply to a licensee under the Communications Act of 1934 while engaged in activities regulated

48 Stat. 1064.

47 USC 609.

pursuant to such Act.

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“(e)“(e)

A person convicted of violating subsection (a) or (b) of this

Penalties.

section shall for the first offense be fined not more than $3,000 or imprisoned not more than one year, or both. A person convicted of a second or subsequent offense under subsection (a) or (b) of this section shall be fined not less than $1,000 nor more than $5,000 or imprisoned not less than six months or more than three years, or both.”

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Sec. 607.

Section 825a of the Act entitled “An Act to establish a

Explosives.

code of law for the District of Columbia”, approved March 3, 1901 (D.C. Code, sec. 22–3105), is amended by striking out “or by imprisonment

33 Stat. 1033.

not exceeding ten years.” and inserting in lieu thereof the following: “and by imprisonment for not less than two years or more than ten years.”.

Sec. 608.

Whoever shall make or cause to be made to the Metropolitan

False reports to police.

Police force of the District of Columbia, or to any officer or member thereof, a false or fictitious report of the commission of any criminal offense within the District of Columbia, or a false or fictitious report of any other matter or occurrence of which such Metropolitan Police force is required to receive reports, or in connection with which such Metropolitan Police force is required to conduct an investigation, knowing such report to be false or fictitious; or who shall communicate or cause to be communicated to such Metropolitan Police force, or any officer or member thereof, any false information concerning the commission of any criminal offense within the District of Columbia or concerning any other matter or occurrence of which such Metropolitan Police force is required to receive reports, or in connection with which such Metropolitan Police force is required to conduct an investigation, knowing such information to be false, shall be punished by a fine of not exceeding $300 or by imprisonment not exceeding thirty days.

Sec. 701.

Section 10 of the Act of March 3, 1933 (D.C. Code, sec.

47 Stat. 1485.

23–610), is amended by inserting “(a)” immediately after “Sec. 10.”, and by adding the following new subsections:

“(b)“(b)

An officer or member of the Metropolitan Police force who, in accordance with section 397 of the Revised Statutes of the United

Ante, p. 734.

States, relating to the District of Columbia, arrests without a warrant a person for committing a misdemeanor may, instead of taking him into custody, issue a citation requiring such person to appear before an official of the Metropolitan Police force designated under subsection (a) of this section to act as a clerk of the District of Columbia Court of General Sessions.

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“(c)“(c)

Whenever a person is arrested without a warrant for committing a misdemeanor and is booked and processed pursuant to law, an official of the Metropolitan Police force designated under subsection (a) of this section to act as a clerk of the District of Columbia Court of General Sessions may issue a citation to him for an appearance in court or at some other designated place, and release him from custody.

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“(d)“(d)

No citation may be issued under subsection (b) or (c) of this section unless the person authorized to issue the citation has reason to believe that the arrested person will not cause injury to persons or damage to property and that he will make an appearance in answer to the citation.

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“(e)“(e)

Whoever willfully fails to appear as required in a citation, shall be fined not more than the maximum provided for the misdemeanor for which such citation was issued or imprisoned for not more than one year, or both. Prosecution under this subsection shall lie by the prosecuting officer responsible for prosecuting the offense for which the citation is issued.”

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Sec. 702.

Sec. 801.

Sec. 802.

Section 4122 of title 18, United States Code, is amended—

Federal prison industries.

65 Stat. 722.

Sec. 803.

Sec. 901.

Sec. 1001. Creation of Commission.—

The Commission on Revision of the Criminal Laws of the District of Columbia is hereby established.

Sec. 1002. Membership of Commission.—

The Commission shall be composed of eleven members, as follows:

Sec. 1003. Functions of the Commission.—

The Commission shall make a full and complete review and study of the statutory and case law applicable in the District of Columbia for the purpose of formulating and recommending to the Congress a revised code of criminal law and procedure for the District of Columbia. The Commission shall include in its recommendations proposals for the repeal of unnecessary or undesirable statutes and such changes in the penalty structure as the Commission may feel will better serve the ends of justice.

Sec. 1004. Compensation of Members of the Commission.—

Sec. 1005. Advisory Committee.—

Sec. 1006. Staff of the Commission.—

The Chairman of the Commission is authorized to appoint and fix the compensation of such personnel as he deems necessary to carry out the Commission’s functions. He is also authorized to procure services to the same extent as is authorized for the executive departments by section 3109 of title 5, United States Code, at rates not to exceed $100 per diem for individuals.

80 Stat. 416.

Sec. 1007. Cooperation by Department and Agencies.—

The Commission is authorized to request from any department, agency, or independent instrumentality of the Government any information and assistance it deems necessary to carry out its functions under this title; and each such department, agency, or instrumentality is authorized to cooperate with the Commission and, to the extent permitted by law, to furnish such information and assistance to the Commission upon request made by the Chairman or any other member when acting as Chairman.

Sec. 1008. Report of the Commission; Termination.—

The Commission shall submit interim reports to the Commissioner of the District of Columbia and the Congress at such times as the Commission may deem appropriate, and in any event within two years after the date of this enactment, and shall submit its final report within three years after the date of enactment. The Commission shall cease to exist sixty days after the date of the submission of its final report.

Sec. 1009. Authorized Appropriation.—

There is hereby authorized to be appropriated to the District of Columbia out of any money in the Treasury not otherwise appropriated such sum, not to exceed $150,000, as may be necessary to carry out the purposes of this title.

Sec. 1101.

Whoever, prior to the date of enactment of this Act, commits

Applicability of penalties.

any act or engages in any conduct which constitutes an offense under provision of law amended by this Act, shall be sentenced in accordance with the law in effect on the date he commits such acts or engages in such conduct.

Sec. 1102.

If any provision of or any amendment made by this Act or the application thereof to any person or circumstance is held invalid, the other provisions of or other amendments made by this Act and the application of such provisions and amendments to other persons or circumstances shall not be affected thereby.