Contentious DC crime bill draws heat for stop and frisk, search measures
WASHINGTON - There was a great deal of pushback Wednesday on a proposed plan to fight D.C. crime.
D.C. Judiciary and the Public Safety Committee held a public hearing on committee chair Brooke Pinto’s proposed ACTIVE Amendment, one of several bills introduced in October under Pinto’s greater Secure D.C. Plan to address the city’s current crime crisis.
The ACTIVE Amendment stands for Addressing Crime through Targeted Interventions & Violence Enforcement Amendment Act of 2023 (B25-0479).
The summary posted by the committee reads: "As introduced Bill 25-479 would require individuals on probation, supervised release, or parole following a conviction for a gun offense be required to submit to a search when they are in a public place. It would create a Prearrest Diversion Task Force charged with developing recommendations for increasing the use of pre-arrest diversion. It would increase the maximum penalty for individuals firing a large number of bullets at a time. It would require that sentences for possession of extremely dangerous weapons like machine guns be stacked on top of baseline penalties, not run concurrently, and create a new offense of unlawful discarding of firearms and ammunition. It would amend the definition of carjacking to include situations where the victim is not in or immediately next to their vehicle among other things."
Much of the objections heard Monday were on the amendment’s measure that would require those arrested on a gun crime to submit to a search in public. Several community leaders who testified believe this measure is stop and frisk all over again – and something already proven by the city’s Near Act data (released in 2020) to have predominately harassed D.C.’s Black residents while producing little results when it comes to addressing crime.
Concern was also raised that this would worsen police-community relationships.
A statement previously issued by the collective D.C. courts mentioned the measure could be in violation of the 4th Amendment when it comes to searches without probable cause.
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Those calling for a holistic approach to addressing crime accused Councilmember Pinto of catering to Congress.
"We do know that increased detention, we do know that increased stop and frisk and regressive police practices will not keep us safer, and it will only be performative if we do this, because it will not work," said Rev. Alison Dunn-Almaguer, executive director Washington Interfaith Network.
The U.S. Attorney for D.C., Matthew Graves, argues the amendment is an important tool in the toolbox.
"What people need to understand is this is a really focused effort. We are not talking about everybody in the city. We are talking about individuals charged with gun offenses or convicted of gun offenses. So in other words, individuals who could be incarcerated," Graves explained. He also mentioned it could be used for pre-trial release as a condition of release a person has to agree to if entrusted to return to the community.
If not, they cannot be released.
There were also issues with the portion of the amendment that would expand the definition of carjacking.
"I understand of thinking through these comments about ‘tougher on crime’ and because I think about carjacking for example, I don’t necessarily see it that way as, ‘okay we need to have tougher sentences. It’s more of an effort to plug a gap," Pinto stated.
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In her opening statement, Pinto highlighted that there have been 846 carjackings so far this year, as of Wednesday, compared to over 200 this time last year.
On shootings, Pinto said as of Wednesday morning, 235 people have been killed with 195 of those murders committed with the use of a firearm. She also noted the city recorded 796 non-fatal shootings so far this year.
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"As Chief Contee used to say, ‘sometimes the only difference between a gun homicide and shooting someone with a gun or shooting into a public space, is a matter of aim.’ And so we have to take all of these matters seriously," Pinto said.
The Ward 2 council member believes search provision will help deter gun violence. She claims that according to the U.S. Sentencing Commission: 68% of firearm offenders are re-arrested.
The U.S. Attorney’s Office submitted the following testimony for the hearing. Check it out below: