For the purposes of this subchapter, the term:
(1) "Seized-currency" means moneys, coins, or negotiable instrument with monetary value, including personal checks, commercial checks, cashiers' checks, travelers' checks, bearer bonds, or money orders, seized by the Metropolitan Police Department or other District of Columbia law enforcement agency pending criminal forfeiture or civil forfeiture proceedings.
(2) "Independent evidentiary value" includes the presence of fingerprints, written notations; or dye markings, traceable amounts of narcotic residue or other identifying substance on currency, or the packaging of currency in an incriminating manner.
(October 4, 2000, D.C. Law 13-160, § 402, 47 DCR 4619.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 13-160, the "Omnibus Police Reform Amendment Act of 2000," was introduced in Council and assigned Bill No. 13-118, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on February 1, 2000, and April 3, 2000, respectively. Signed by the Mayor on April 24, 2000, it was assigned Act No. 13-334 and transmitted to both Houses of Congress for its review. D.C. Law 13-160 became effective on October 4, 2000.
(a)(1) Seized currency shall be promptly deposited in an interest-bearing escrow account in a federal insured financial institution in the District of Columbia to be administered by the Metropolitan Police Department pending final disposition of forfeiture proceedings. Where practical, seized foreign currency shall be converted to U.S. currency and deposited.
(2) Deposited seized currency, with any accrued interest, shall be divided and deposited as provided in section 48-907.02, or returned to the owners if directed by the Court, after the dispositions of forfeiture proceedings.
(b)(1) The Chief of Police may grant an exception to subsection (a) of this section, pursuant to a request from the United States Attorney or the Corporation Counsel for the District of Columbia, if the seized currency is to be used as evidence and has independent evidentiary value. Seized currency retained pursuant to this subchapter shall be stored according to routine evidentiary procedures established by the Chief of Police.
(2) The Chief of Police in consultation with the United States Attorney for the District of Columbia, shall consider whether other means of preserving the independent evidentiary value of the seized currency is feasible, including photography, in determining whether an exception to subsection (a) of this section shall be granted.
(3) If part of the seized currency has independent evidentiary value, the remaining currency shall be deposited pursuant to subsection (a) of this section.
(c) Nothing in this subchapter shall apply to currency advanced to the Metropolitan Police Department, from appropriated funds for use in undercover police activities.
(October 4, 2000, D.C. Law 13-160, § 402, 47 DCR 4619.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 13-160, see notes following § 23-531.
The Chief of Police, in consultation with the United States Attorney for the District of Columbia and the Corporation Counsel, shall promulgate regulations to implement this subchapter within 60 days of the effective date of this act [October 4, 2000].
(October 4, 2000, D.C. Law 13-160, § 402, 47 DCR 4619.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 13-160, see notes following § 23-531.
The provisions of this subchapter shall apply to any seized currency in possession of the Metropolitan Police Department on the effective date of the regulations implementing this subchapter.
(October 4, 2000, D.C. Law 13-160, § 402, 47 DCR 4619.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 13-160, see notes following § 23-531.
