The Mayor of the District of Columbia shall cause the Metropolitan Police force to keep the following records:
(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;
(2) Records of lost, missing, or stolen property;
(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;
(4) Arrest books, which shall contain the following information:
(A) Case number, date of arrest, and time of recording arrest in arrest book;
(B) Name, address, date of birth, color, birthplace, occupation, and marital status of person arrested;
(C) Offense with which person arrested was charged and place where person was arrested;
(D) Name and address of complainant;
(E) Name of arresting officer; and
(F) Disposition of case;
(4A) The Metropolitan Police force shall maintain a computerized record of a civil protection order or bench warrant issued as a result of an intrafamily offense; and
(5) Such other records as the Council of the District of Columbia considers necessary for the efficient operation of the Metropolitan Police force.
(R.S., D.C., § 386; June 11, 1878, 20 Stat. 107, ch. 180, § 6; June 29, 1953, 67 Stat. 99, ch. 159, title III, § 301(a); Aug. 20, 1954, 68 Stat. 755, ch. 778, § 1; Apr. 30, 1991, D.C. Law 8-261, § 4, 37 DCR 5001.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 4-131.
1973 Ed., § 4-134.
Legislative History of Laws
Law 8-261, the "District of Columbia Prevention of Domestic Violence Amendment Act of 1990," was introduced in Council and assigned Bill No. 8-192, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 26, 1990, and July 10, 1990, respectively. Signed by the Mayor on July 18, 1990, it was assigned Act No. 8-239 and transmitted to both Houses of Congress for its review.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(98) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
(a) In addition to the records kept under § 5-113.01, 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 Council of the District of Columbia determines this section should not apply). The record shall show:
(1) The circumstances under which the individual came into the custody of the police or the United States Marshal;
(2) The charge originally placed against him, and any subsequent changes in the charge (if he is charged with murder, manslaughter, or causing the death of another by the operation of a vehicle at an immoderate speed or in a careless, reckless, or negligent manner, the charge shall be recorded as "homicide");
(3) If he is released (except on bail) without having his guilt or innocence of the charge determined by a court, the circumstances under which he is released;
(4) If his guilt or innocence is so determined, the judgment of the court;
(5) If he is convicted, the sentence imposed; and
(6) If, after being confined in a correctional institution, he is released therefrom, the circumstances of his release.
(b) The Attorney General, the Corporation Counsel, the United States Magistrate for the District, the Clerk of the District Court, the Clerk of the Superior Court of the District of Columbia, and the Director of the Department of Corrections shall furnish the Chief of Police with such information as the Mayor of the District of Columbia considers necessary to enable the Metropolitan Police force to carry out this section.
(June 29, 1953, 67 Stat. 100, ch. 159, title III, § 302; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 4-132.
1973 Ed., § 4-134a.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(99) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Reports shall be made to the Chief of Police, in accordance with regulations prescribed by the Mayor of the District of Columbia, of each offense reported to, and each arrest made by, any other police force operating in the District.
(June 29, 1953, 67 Stat. 100, ch. 159, title III, § 303.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 4-133.
1973 Ed., § 4-134b.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
(a) Dissemination of adult arrest records to law enforcement agents. -- (1) Notwithstanding any other provision of law, the Metropolitan Police Department of the District of Columbia shall disseminate its unexpurgated adult arrest records to members of the court and law enforcement agents, including the Identification Division of the Federal Bureau of Investigation. Such dissemination shall be done without cost and without the authorization of the persons to whom such records relate.
(2) Any records disseminated under this section shall be used in a manner that complies with applicable federal law and regulations.
(b) Definitions. -- For purposes of this section:
(1) The term "member of the court" shall include judges, prosecutors, defense attorneys (with respect to the records of their client defendants), clerks of the court, and penal and probation officers.
(2) The term "law enforcement agent" shall include police officers and federal agents having the power to arrest.
(3) The term "unexpurgated adult arrest records" shall include arrest fingerprint cards.
(Dec. 12, 1989, 103 Stat. 1903, Pub. L. 101-223, § 7.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 4-133.1.
(a) Whenever the Board of Parole of the District of Columbia has authorized the release of a prisoner under § 24-404, or the United States Board of Parole has authorized the release of a prisoner under § 24-406, it shall notify the Chief of Police of that fact as far in advance of the prisoner's release as possible.
(b) Except in cases covered by subsection (a) of this section, notice that a prisoner under sentence of 6 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.
(June 29, 1953, 67 Stat. 100, ch. 159, title III, § 304.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 4-134.
1973 Ed., § 4-134c.
(a) Except as provided in subsection (c) of this section, the records to be kept by paragraphs (1), (2), and (4) of § 5-113.01 shall be open to public inspection when not in actual use, and this requirement shall be enforceable by mandatory injunction issued by the Superior Court of the District of Columbia on the application of any person.
(b) The name, address, date of birth, occupation, and photograph of any person convicted of a violation of Chapter 27 of Title 22, shall be made available to the public upon written request, in exchange for a reasonable fee established by the Mayor or his or her designee.
(c)(1) Notwithstanding any other law, the Metropolitan Police Department shall not release or otherwise make available reports of motor vehicle accidents to any person prohibited from soliciting or procuring clients, patients, or customers pursuant to § 22-3225.14. This section does not prohibit an attorney retained by a person involved in an accident, or the agent of that attorney, from obtaining the report of that accident.
(2) In addition to any other requirements, a person requesting to inspect or copy a motor vehicle accident report within 21 days of the accident shall:
(A) Produce for inspection and copying a government-issued, photo identification; and
(B) Provide a signed statement that:
(i) Identifies the requested report;
(ii) Includes the printed name of the requestor; and
(iii) Attests that the requestor is not prohibited from obtaining the report under paragraph (1) of this subsection.
(3) For each request to inspect or copy a motor vehicle accident report made within 21 days of the accident, the Metropolitan Police Department shall maintain for one year a copy of the requestor's photo identification and the statement provided pursuant to paragraph (2) of this subsection.
(R.S., D.C., § 389; June 29, 1953, 67 Stat. 99, ch. 159, title III, § 301(b); Aug. 20, 1954, 68 Stat. 755, ch. 778, § 2; July 29, 1970, 84 Stat. 571, Pub. L. 91-358, title I, § 155(c)(13); Oct. 25, 1972, 86 Stat. 1108, Pub. L. 92-543, § 1; May 24, 1996, D.C. Law 11-130, § 2, 43 DCR 1570; July 25, 2006, D.C. Law 16-144, § 3, 53 DCR 2838.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 4-135.
1973 Ed., § 4-135.
Effect of Amendments
D.C. Law 16-144, in subsec. (a), substituted "Except as provided in subsection (c) of this section, the records" for "The records"; and added subsec. (c).
Emergency Act Amendments
For temporary amendment of section, see § 2 of the Safe Streets Anti-Prostitution Emergency Amendment Act of 1996 (D.C. Act 11-252, April 15, 1996, 43 DCR 2139).
Legislative History of Laws
Law 11-130, the "Safe Streets Anti-Prostitution Amendment Act of 1996," was introduced in Council and Assigned Bill No. 11-439, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on February 6, 1996, and March 5, 1996, respectively. Signed by the mayor on March 15, 1996, it was assigned Act No. 11-237 and transmitted to both Houses of Congress for its review. D.C. Law 11-130 became effective on May 24, 1996.
Law 16-144, the "White Collar Insurance Fraud Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-208 which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on February 7, 2006, and March 7, 2006, respectively. Signed by the Mayor on March 30, 2006, it was assigned Act No. 16-340 and transmitted to both Houses of Congress for its review. D.C. Law 16-144 became effective on July 25, 2006.
All records of the Metropolitan Police Department shall be preserved, except that the Mayor, upon recommendation of the Chief of the Metropolitan Police Department and only pursuant to part B of this subchapter, may cause records which the Metropolitan Police Department considers to be obsolete or of no further value to be destroyed.
(R.S., D.C., § 390; June 11, 1878, 20 Stat. 107, ch. 180, § 6; June 29, 1953, 67 Stat. 99, ch. 159, title III, § 301(c); July 15, 2004, D.C. Law 15-174, § 302, 51 DCR 3677; Apr. 13, 2005, D.C. Law 15-354, § 88, 52 DCR 2638; Mar. 2, 2007, D.C. Law 16-191, § 24, 53 DCR 6794.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 4-137.
1973 Ed., § 4-137.
Effect of Amendments
D.C. Law 15-174 rewrote the section which had read as follows:
"All records of the Metropolitan Police force shall be preserved, except that the Mayor of the District of Columbia, upon recommendation of the Chief of Police, may cause records which it considers to be obsolete or of no further value to be destroyed."
D.C. Law 15-354 validated a previously made technical correction.
D.C. Law 16-191 validated a previously made technical correction.
Legislative History of Laws
Law 15-174, the "Millicent Allewelt Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-34, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on January 6, 2004, and March 2, 2004, respectively. Signed by the Mayor on March 23, 2004, it was assigned Act No. 15-408 and transmitted to both Houses of Congress for its review. D.C. Law 15-174 became effective on July 15, 2004.
For Law 15-354, see notes following § 5-101.04.
Law 16-191, the "Technical Amendments Act of 2006", was introduced in Council and assigned Bill No. 16-760, which was referred to the Committee of the whole. The Bill was adopted on first and second readings on June 20, 2006, and July 11, 2006, respectively. Signed by the Mayor on July 31, 2006, it was assigned Act No. 16-475 and transmitted to both Houses of Congress for its review. D.C. Law 16-191 became effective on March 2, 2007.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Miscellaneous Notes
Office of Major and Superintendent of Metropolitan Police abolished: See Historical and Statutory Notes following § 5-105.01.
