What This Bill Does
This bill transfers responsibility for prosecuting violations of District of Columbia laws from federal prosecutors to a local prosecutor's office chosen by the District of Columbia. The bill ensures that a locally designated prosecutor handles cases involving violations of District ordinances, regulations and criminal statutes.
Who It Affects
The District of Columbia's local prosecutor's office, employees of the United States Attorney for the District of Columbia, the Attorney General of the United States, and the United States Attorney for the District of Columbia.
Key Provisions
• A local prosecutor's office designated by District of Columbia law will conduct all prosecutions for violations of District of Columbia ordinances, regulations and criminal laws in the nature of police or municipal regulations (Sec. 2(a)).
• The "local prosecutor's office" means whichever office the District of Columbia designates under its own local law to handle these prosecutions (Sec. 2(a)).
• Federal prosecutors (the Attorney General of the United States and the United States Attorney for the District of Columbia) keep their authority to prosecute violations of federal laws (Sec. 2(a)).
• Employees moving from the federal prosecutor's office to the local prosecutor's office will keep their federal employee benefits (Sec. 2(c)).
What Changes
The District of Columbia's local prosecutor becomes responsible for prosecuting local crimes instead of federal prosecutors handling these cases.
Important Definitions
"Local prosecutor's office" means the office that the District of Columbia designates under its own local law to conduct prosecutions.
Effective Date
One year after the District of Columbia passes a local law designating which office will serve as the local prosecutor's office (Sec. 2(b)).
I
118TH CONGRESS
1ST SESSION
H. R. 387
To assign the responsibility for conducting prosecutions for violations of
the laws of the District of Columbia to the head of a local prosecutor’s
office designated under local law of the District of Columbia.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 17, 2023
Ms. NORTON introduced the following bill; which was referred to the
Committee on Oversight and Accountability
A BILL
To assign the responsibility for conducting prosecutions for
violations of the laws of the District of Columbia to
the head of a local prosecutor’s office designated under
local law of the District of Columbia.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘District of Columbia
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Prosecutor Home Rule Act’’.
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•HR 387 IH
SEC. 2. RESPONSIBILITY OF LOCAL PROSECUTOR’S OFFICE
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FOR CONDUCT OF ALL DISTRICT OF COLUM-
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BIA PROSECUTIONS.
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(a) IN GENERAL.—Section 23–101, D.C. Official
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Code, is amended by striking subsections (a) through (f)
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and inserting the following:
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‘‘(a) Prosecutions for violations of all police or munic-
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ipal ordinances or regulations of the District of Columbia
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and for violations of all penal statutes of the District of
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Columbia in the nature of police or municipal regulations
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shall be conducted in the name of the District of Columbia
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by the head of the local prosecutor’s office or the assist-
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ants of the head of such office, except as may otherwise
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be provided in any such ordinance, regulation, or statute
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of the District of Columbia.
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‘‘(b) In this section, the ‘local prosecutor’s office’ is
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the office designated under local law of the District of Co-
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lumbia as the office responsible for conducting prosecu-
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tions under this section.
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‘‘(c) Nothing in this section shall affect the authority
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of the Attorney General of the United States or the United
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States Attorney for the District of Columbia to exercise
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jurisdiction concerning violations of the laws of the United
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States.’’.
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(b) EFFECTIVE DATE.—The amendments made by
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this section shall apply with respect to violations of Dis-
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•HR 387 IH
trict of Columbia ordinances, regulations, and statutes
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which occur after the expiration of the 1-year period which
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begins on the date on which a local law of the District
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of Columbia which designates the local prosecutor’s office
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for purposes of section 23–101(b), D.C. Official Code (as
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amended by subsection (a)), takes effect.
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(c) RETENTION OF FEDERAL BENEFITS BY CON-
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TINUING EMPLOYEES.—With respect to any individual
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who is an employee of the United States Attorney for the
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District of Columbia as of the day before the date de-
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scribed in subsection (b) and continues to be employed by
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the local prosecutor’s office designated for purposes of sec-
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tion 23–101(b), D.C. Official Code (as amended by sub-
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section (a))—
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(1) such individual shall continue to be treated
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as an employee of the Federal Government for pur-
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poses of receiving benefits under any chapter of sub-
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part G of part III of title 5, United States Code;
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and
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(2) such designated local prosecutor’s office
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shall be treated as the employing agency of the indi-
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vidual with respect to such benefits.
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Æ
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