District of Columbia Prosecutor Home Rule Act of 2021
Bill: H.R.281 | Sponsor: Del. Norton, Eleanor Holmes (D-DC)
Policy area: Crime and Law Enforcement

Summary:
District of Columbia Prosecutor Home Rule Act of 2021
This bill shifts the responsibility for conducting prosecutions for violations of District of Columbia laws from the Corporation Counsel for the District of Columbia (Attorney General for the District) or his or her assistants to the head of the office designated under District local law as the one responsible for conducting such prosecutions (local prosecutor's office) or his or her assistants.
An indictment or information brought in the name of

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``District of Columbia Prosecutor Home 
Rule Act of 2021''.

SEC. 2. RESPONSIBILITY OF LOCAL PROSECUTOR'S OFFICE FOR CONDUCT OF ALL 
              DISTRICT OF COLUMBIA PROSECUTIONS.

    (a) In General.--Section 23-101, D.C. Official Code, is amended by 
striking subsections (a) through (f) and inserting the following:
    ``(a) Prosecutions for violations of all police or municipal 
ordinances or regulations of the District of Columbia and for 
violations of all penal statutes of the District of Columbia in the 
nature of police or municipal regulations shall be conducted in the 
name of the District of Columbia by the head of the local prosecutor's 
office or the assistants of the head of such office, except as may 
otherwise be provided in any such ordinance, regulation, or statute.
    ``(b) An indictment or information brought in the name of the 
United States in the United States District Court for the District of 
Columbia may include charges of offenses prosecutable by the District 
of Columbia if the head of the local prosecutor's office consents to 
the inclusion of such charges in writing.
    ``(c) An indictment or information brought in the name of the 
District of Columbia in the Superior Court of the District of Columbia 
may be joined for trial in the United States District Court for the 
District of Columbia with an indictment or information brought in that 
court if the offenses charged therein could have been joined in the 
same indictment or information and if the head of the local 
prosecutor's office consents to such joinder.
    ``(d) In this section, the `local prosecutor's office' is the 
office designated under local law of the District of Columbia as the 
office responsible for conducting prosecutions under this section.
    ``(e) Nothing in this section shall affect the authority of the 
Attorney General of the United States or the United States Attorney for 
the District of Columbia to exercise jurisdiction concerning violations 
of the laws of the United States.''.
    (b) Conforming Amendments.--
            (1) Appeals.--Section 23-104, D.C. Official Code, is 
        amended by striking ``Corporation Counsel'' each place it 
        appears in subsections (a)(1), (b), and (d), and inserting 
        ``head of the local prosecutor's office (as defined in section 
        23-101(d))''.
            (2) Proceedings to establish previous convictions.--Section 
        23-111(a)(1), D.C. Official Code, is amended by striking 
        ``Corporation Counsel'' and inserting ``head of the local 
        prosecutor's office (as defined in section 23-101(d))''.
            (3) Definition of prosecutor.--Section 23-501(3), D.C. 
        Official Code, is amended by striking ``Corporation Counsel of 
        the District of Columbia'' and inserting ``head of the local 
        prosecutor's office (as defined in section 23-101(d))''.
            (4) Disposition of property seized under search warrant.--
        Section 23-525, D.C. Official Code, is amended by striking 
        ``Corporation Counsel for the District of Columbia'' and 
        inserting ``head of the local prosecutor's office (as defined 
        in section 23-101(d))''.
            (5) Deposit of seized currency.--Section 23-532(b)(1), D.C. 
        Official Code, is amended by striking ``Corporation Counsel for 
        the District of Columbia'' and inserting ``head of the local 
        prosecutor's office (as defined in section 23-101(d))''.
            (6) Consultation in promulgation of regulations regarding 
        warrant and arrest procedures.--Section 23-533, D.C. Official 
        Code, is amended by striking ``Corporation Counsel'' and 
        inserting ``head of the local prosecutor's office (as defined 
        in section 23-101(d))''.
            (7) Recommendations by pretrial services agency regarding 
        release or detention; notice regarding failure to comply with 
        conditions of release.--Section 23-1303, D.C. Official Code, is 
        amended--
                    (A) in the sixth sentence of subsection (a), by 
                striking ``Corporation Counsel of the District of 
                Columbia'' and inserting ``head of the local 
                prosecutor's office (as defined in section 23-
                101(d))''; and
                    (B) in subsection (h)(5), by striking ``Corporation 
                Counsel of the District of Columbia'' and inserting 
                ``head of the local prosecutor's office (as defined in 
                section 23-101(d))''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to violations of District of Columbia ordinances, 
regulations, and statutes which occur after the expiration of the 6-
month period which begins on the date on which a local law of the 
District of Columbia which designates the local prosecutor's office for 
purposes of section 23-101(d), D.C. Official Code (as amended by 
subsection (a)) takes effect.
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