Evening star., 1945-05-12
D. T.. Heads Send Bill
To Congress Seeking
New Disease Powers

A bill designed to strengthen the
authority of District officials over
communicable diseases by compel
ling removal and detention of per-
sons affected or reasonably sus-
pected of being affected with COM
municable diseases" has been sent
by the Commissioners to Congress
The bill marks three-year effort
on the part of the Commissioners to
strengthen the communicable dis
ease code, one draft of bill having
been objected to by the Justice
Department as being too severe
The corporation counsel's Office has
been working on the present draft
for some months and the Budget
Bureau has offered no objections
to it's introduction.
Doubt as to Authority.
The Commissioners said while
they had authority to require quar-
antine and isolation of persons with
communicable diseases, there is
doubt" as to their authority to
provide for the forcible removal
and detention of such persons. The
new power is necessary in the
opinion of health officials to protect
public health against infected per-
sons or those who are careless or
homeopathic with the code.
An act of 1899, which this legis-
lation would amend, prescribes a
penalty of S100, 80 days in Jail or
both for violation of the communi-
cation disease code. The new bill
would raise the maximum Jail SEN
tence to 80 days.
To protect the rights and lib
critics of the citizen" the bill pro-
vides the following procedure:
If the health officer finds per-
son is affected or is reasonably sus-
pected of being affected with COM
municable disease, he may order the
person detained in a place or in
stitution. Such a person must be
examined and diagnosed within 10
days by a physician. If he is free
of disease, he must be discharged,
or if is affected by disease he may be
held for REASONABLE" time.
Must Set Hearing.
The order for detention, however,
expires automatically in 70 hours,
exclusive of Sundays and holidays,
unless it is continued in force by a
judge of Municipal Court. If the
order is continued in force, a hear
ing must be held to determine
whether the person is affected with
disease and if his release would en-
danger the lives of other persons
The detained person could at any
time apply to the health officer for
a discharge and would be entitled
to a hearing. If the health officer
denied a release, the right of ap-
peal and hearing in Municipal
Court is granted.
Judges of Municipal Court would
have authority to issue warrants to
take persons into custody and the
court would be authorized to sus-
pend the imposition or execution
of a conviction under the bill, or to
impose certain conditions upon
guilty persons. Such conditions
would include submission to medi-
cal and mental examination, dag
nosis and treatment by the public
health and welfare authorities.
1t would be within the discretion
of the judge whether the detained
person would be present at the hear
ing. At present, health officials have
difficulty in having persons,
suspected of communicable diseases,
in court for trial.
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