An Act to reorganize the courts of the District of Columbia and for other purposes
PL 91-358 (S.2601), enacted 07/29/1970

84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
473 
Public Law 91-358 
AN ACT 
July 29, 1970 
To reorganize the courts of the District of Columbia, to revise the procedures 
[S. 260i] 
for handling juveniles in the District of Columbia, to codify title 23 of the 
District of Columbia Code, and for other purposes. 
District of 
Columbia Court 
Be it enacted hy the Senate and House of Representatives of the 
United States of Amerioa in Congress assembled, That this Act may ^
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be 6ited as the "District of Columbia Court Eeform and Criminal R
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m Tnd'cHm 
Procedure Act of 1970". 
^"^1 ?°^^^"* 
Act of 1970. 
TABLE OF CONTENTS 
TITLE I—REORGANIZATION OF DISTRICT OF COLUMBIA COURTS 
Sec. 101. Short title. 
PART A—REVISION OF TITLE 11 OF THE DISTRICT OF COLUMBIA CODE 
Sec. 111. Revision of title 11. 
PART B—PROCEEDINGS REGARDING JUVENILE DELINQUENCY AND RELATED 
MATTERS 
Sec. 121. Revision of chapter 23 of title 16. 
PART C—INTRAFAMILY OFFENSES ; JURISDICTION AND PROCESS OUTSIDE THE 
DISTRICT OF COLUMBIA ; COMPETENCY OF WITNESSES 
Sec. 131. Intrafamily offenses. 
Sec. 132. Jurisdiction and process outside the District of Columbia. 
Sec. 133. Competency of witnesses. 
PART D—CONFORMING AMENDMENTS 
SUBPART X—^AMENDMENTS 
TO DISTRICT OF COLUMBIA CODE 
Sec. 141. Amendments to title 12. 
Sec. 142. Amendments to title 13. 
Sec. 143. Amendments to title 14. 
Sec. 144. Amendments to title 15. 
Sec. 14."). Amendments to title 16. 
Sec. 146. Amendments to title 17. 
Sec. 147. Amendments to title 18. 
Sec. 148. Amendments to title 19. 
Sec. 149. Amendments to title 20. 
Sec. 150. Amendments to title 21. 
Sec. 151. Amendments to title 28. 
SUBPART 2 — A M E N D M E N T S TO OTHER LAWS 
Sec. 155. Redesignation of courts. 
Sec. 156. Amendments redesignating District of Columbia Tax Court. 
Sec. 157. Miscellaneous amendments relating to transfers of jurisdiction. 
Sec. 158. Amendments reflecting transfer of probate jurisdiction. 
Sec. 159. Amendments relating to the jurisdiction of the Family Division. 
Sec. 160. Amendments relating-to the Chief Medical Examiner. 
Sec. 161. Amendments relating to the revenue laws of the District of Columbia, 
Sec. 162. Amendments to the District of Columbia Administrative Procedure Act. 
Sec. 163. Additional amendments relating to administrative procedure. 
Sec. 164. Amendments relatiijg to review of administrative actions regarding occu-
pations and professions. 
Sec. 165. Amendments relating to enforcement of support. 
Sec. 166. Amendments relating to the condemnation of land. 
Sec. 167. Amendments relating to landlord-tenant actions. 
Sec. 168. Amendments relating to actions by and against certain businesses. 
Sec. 169. Amendments relating to illegal action by corporations. 
Sec. 170. Amendment relating to hospitalization of addicts. 
Sec. 171. Amendment relating to transfer of prisoners. 
Sec. 172. Amendments to the United States Code. 
Sec. 173. Amendments relating to the District of Columbia's share of expenses 
of the Federal courts. 
474 
PUBLIC L
A
W 91-358-JULY 29, 1970 
[84 STAT. 
TABLE OF CONTENTS—Continued 
PART E—TEANSITION PBOVISIONS ; APPOINTMENT OF ADDITIONAL JUDGES ; AND 
EFFECTIVE DATE 
Sec. 191. Existing records, files, property, and funds. 
Sec. 192. Existing personnel. 
Sec. 193. Retirement of certain District of Columbia judges. 
Sec. 194. Continuation of service of judges of District of Columbia courts. 
Sec. 195. Appointment of additional judges and executive ofQcer of District of 
Columbia courts. 
Sec. 196. Temporary administration of Juvenile Court of the District of Colum-
bia and assignment of judges to that court. 
Sec. 197. Assignment of United States judges to Superior Court during tran-
sition period. 
Sec. 198. References to abolished agencies and oflElces. 
Sec. 199. Effective date. 
TITLE II—CRIMINAL LAW AND PROCEDURE 
Sec. 201. Sentencing of multiple offenders. 
Sec. 202. Conspiracy. 
Sec. 203. Breaking and entering vending machines and similar devices. 
Sec. 204. Penalty for rape. 
Sec. 205. Committing crime of violence vrhile armed. 
Sec. 206. Resisting arrest. 
Sec. 207. Insane criminals. 
Sec. 208. Narcotic drugs. 
Sec. 209. Explosive devices. 
Sec. 210. Codification of title 23 of District of Columbia Code. 
Sec. 211. Conforming amendments. 
TITLE III—PUBLIC DEFENDER SERVICE 
Sec. 301. Redesignation of Legal Aid Agency as Public Defender Service. 
Sec. 302. Authority of Service. 
Sec. 303. Board of Trustees of Service. 
Sec. 304. Director and Deputy Director of Service. 
Sec. 305. Staff. 
Sec. 306. Fiscal reports. 
Sec. 307. Appropriations, grants, and contributions. 
Sec. 308. Transition provision. 
Sec. 309. Repeal. 
TITLE IV—INTERSTATE COMPACT ON JUVENILES 
Sec. 401. Findings and purpose. 
Sec. 402. Authority to enter into compact. 
Sec. 403. Compact administrator. 
Sec. 404. Enforcement. 
Sec. 405. Construction of compact. 
Sec. 406. Congressional authority. 
TITLE V—LEGAL ASSISTANCE FOR OFFICERS OR MEMBERS OF THE 
METROPOLITAN POLICE DEPARTMENT IN ACTIONS FOR WRONGFUL 
ARREST 
Sec. 501. Legal assistance for police officers in vprongful arrest actions. 
Sec. 502. Effective date. 
TITLE VI—ABOLITION OF COMMISSION ON REVISION OF THE 
CRIMINAL LAWS OF THE DISTRICT OF COLUMBIA 
Sec. 601. Abolition of Commission. 
TITLE 
VII—FEDERAL 
PAYMENT 
AUTHORIZATION 
Sec. 701. Federal payment authorization. 
TITLE VIII—MISCELLANEOUS 
Sec. 801. Police mutual aid. 
Sec. 802. Repeal of kite-flying prohibition. 
TITLE IX—EFFECTIVE DATE 
Sec. 901. Effective date. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
475 
TITLE I—REORGANIZATION OF DISTRICT OF 
COLUMBIA COURTS 
SHORT TITLE 
SEC. 101. This title may be cited as the "District of Columbia Court . citation o
f 
Reorganization Act of 1970". 
PART A—REVISION OF TITI.E 11 OF THE DISTRICT OF COLUMBIA CODE 
REVISION OF TITLE 11 
SEC. 111. Title 11 of the District of Columbia Code is amended to 
lJ^'^'-^^\, 
- 
„ ,, 
D.C. Code 11.. 
read as follows: 
loi to 11-2314. 
'TITLE 11.—ORGANIZATION AND JURISDICTION OF THE 
COURTS 
"Chap. 
Sec. 
"1. General Provisions 
11-101 
"3. United States Court of Appeals for the District of Columbia 
Circuit 
11-301 
"5. United States District Court for the District of Columbia 
11-501 
"7. District of Columbia Court of Appeals 
11-701 
"9. Superior Court of the District of Columbia 
11-901 
"11. Family Division of the Superior Court 
11-1101 
"12. Tax Division of the Superior Court 
11-1201 
"13. Small Claims and Conciliation Branch of the Superior Court 
11-1301 
"15. Judgrs of the District of Columbia Courts 
11-1501 
"17. Administration of District of Columbia Courts 
11-1701 
"19. Juries and Jurors 
11-1901 
"21. Register of Wills 
11-2101 
"23. Medical Examiner 
11-2301 
"25. Attorneys 
11-2501 
"Chapter 1.—GENERAL PROVISIONS 
"Sec. 
"11-101. Judicial power. 
"11-102. Status of District of Columbia Court of Appeals. 
"§ 11-101. Judicial power 
"The judicial power in the District of Columbia is vested in the 
following courts: 
"(1) The following Federal Courts established pursuant to article 
III of the Constitution: 
"(A) The Supreme Court of the United States. 
"(B) The United States Court of Appeals for the District of 
Columbia Circuit. 
"(C) The United States District Court for the District of 
Columbia. 
"(2) The following District of Columbia courts established pursu-
ant to article I of the Constitution: 
" (A) The District of Columbia Court of Appeals. 
"(B) The Superior Court of the District of Columbia. 
"§ 11-102. Status of District of Columbia Court of Appeals 
"The highest court of the District of Columbia is the District of 
Columbia Court of Appeals. Final judgments and decrees of the Dis-
trict of Columbia Court of Appeals are reviewable by the Supreme 
Court of the United States in accordance with section 12.57 of title 28, 
United States Code. 
^°^'' P- ^^O. 
476 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"Chapter 3.—UNITED STATES COURT OF APPEALS FOR 
THE DISTRICT OF COLUMBIA CIRCUIT 
"Sec. 
"11-301. Jurisdiction of appeals from the District of Columbia Court of Appeals. 
"§ 11-301. Jurisdiction of appeals from the District of Columbia 
Court of Appeals 
"In addition to its jurisdiction as a United States court of appeals 
and any other jurisdiction conferred on it by law, the United States 
Court of Appeals for the District of Columbia Circuit has jurisdiction 
of appeals from judgments of the District of Columbia Court of 
Appeals— 
"(1) with respect to violations of criminal laws of the United 
States which are not applicable exclusively to the District of 
Columbia if a petition for the allowance of an appeal from that 
judgment is filed within ten days after iis entry; or 
"(2) entered before the eti'ective date of the District of Colum-
bia Court Keorganization Act of 1970 in any other case if a peti-
tion for the allowance of an appeal from tliat judgment is filed 
within ten days after its entry. 
"Chapter 5.—UNITED STATES DISTRICT COURT FOR THE 
DISTRICT OF COLUMBIA 
" S U B C H A P T E R 
I . — J U K I S D I C T I O N 
"Sec. 
"11-501. Civil jurisdiction. 
"11-502. Criminal jurisdiction. 
"11-503. Removal of cases from the Superior Court of the District of Columbia. 
" S U B C H A P T E R II. 
AUDITOR 
"11-521. Appointment of Auditor. 
"SUBCHAPTER I.—JURISDICTION 
"§11-501. Civil jurisdiction 
"In addition to its jurisdiction as a Ignited States district court and 
any other jurisdiction conferred on it by law, the United States Dis-
trict Court for the District of Columbia has jurisdiction of the fol-
lowing : 
"(1) Any civil action or other matter begun in the court before the 
effective date of the District of Columbia Court Reorganization Act 
of 1970 other than any matter over which the Superior Court of the 
District of Columbia takes jurisdiction under section 11-921 (a) (4) 
(G)orll-921(a)(5)(B). 
"(2) During the eighteen-month period beginning on such effective 
date, any civil action or other matter Avhich is brought under— 
79 Stat. 744. 
«(A) chapter 3 of title 21 (relating to gifts to minors); 
soi'fo 2°-tliV' 
"(B) chapter 5 of title 21 (relating to hospitalization of the 
D.c. code2i- 
mentally ill) ; 
"(C) chapter 7 of title 21 (relating to property of the mentally 
ill); 
"(D) chapter 11 of title 21 (relating to commitment and main-
tenance of substantially retarded persons); 
"(E) chapter 13 of title 21 (relating to appointment of com-
mittees for alcoholics and addicts) ; or 
1 oi^to^i-iso?" 
"^^^ chapter 15 of title 21 (relating to appointment of con-
^^ *° ' 
* 
servators). 
"(3) During the thirty-month period beginning on such effective 
date, any civil action or other matter— 
501 to 21-591 
D.C. Code 21-
701 to 21-706. 
D.C. Code 21-
1101 to 21-1123. 
D.C, Code 21-
1301 to 21-1304, 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
477 
"(A) which is brought under chapter 29 of title 16 (relating 
D^^'code^ie-
to partition and assignment of dower); 
2901 to 16-2925. 
"(B) which would have been within the jurisdiction of the 
Orphans Court of Washington County, District of Columbia, 
before June 21,1870; 
"(C) relating to the execution or validity of wills devising real 
property within the District of Columbia, and of wills and testa-
ments properly presented for probate in the United States Dis-
trict Court for the District of Columbia, and the admission to 
probate and recording of those wills; 
"(D) relating to the proof of wills of either personal or real 
property and the revocation of probate of wills for cause; 
"(E) involving the granting and revocation for cause of letters 
testamentary, letters of administration, letters ad colligendum and 
letters of guardianship, and the appointment of successors to 
persons whose letters have been revoked. 
"(F) involving the hearing, examination, and issuance of de-
crees upon accounts, claims, and demands existing between ex-
ecutors or administrators and legatees or persons entitled to a 
distributive share of an intestate estate, or between wards and 
their guardians; 
"(G) involving the enforcement of the rendition of inventories 
and accounts by executors, administrators, collectors, guardians, 
and trustees required to account to the court, 
"(H) involving the enforcement of distribution of estates by 
executors and administrators and the payment or delivery by 
guardians of money or property belonging to their wards; or 
"(I) otherwise within the probate jurisdiction of the court on 
the day before such effective date. 
"(4) Any civil action (other than a matter over which the Superior 
Court of the District of Columbia has jurisdiction under paragraph 
(3) or (4) of section 11-921 (a)) begun in the court during the thirty-
month period beginning on such effective date wherein the amount in 
controversy exceeds $50,000. 
"§ 11-502. Criminal jurisdiction 
"In addition to its jurisdiction as a United States district court and 
any other jurisdiction conferred on it by law, the United States Dis-
trict Court for the District of Columbia has jurisdiction of the 
following: 
"(1) Any criminal case begun in the court by the return of an 
indictment or the filing of an information before the effective date 
of the District of Columbia Court Reorganization Act of 1970. 
"(2) Any criminal case which is begun in the court by the return 
of an indictment or the filing of an information during the eighteen-
month period beginning on such effective date and which— 
"(A) involves a violation of any one of the following sections 
of the Act entitled 'An Act to establish a code of law for the 
District of Columbia', approved March 3, 1901: 
"(i) section 809 (D.C. Code, sec. 22-201) (relating to 
67 stat. 93. 
abortion), 
"(ii) section 803 (D.C. Code, sec. 22-501) (relating to 
3i stat. 1321. 
assault with intent to kill, rob, rape, or poison), 
"(iii) section 823(a) (D.C. Code, sec. 22-1801 (a)) (relat- 
si stat. 735. 
ing to burglarv in the first degree), 
"(iv) section 812 (D.C. Code, sec. 22-2101) (relating to 
47 stat. sss. 
kidnaping), 
"(v) sections 798 through 802 (D.C. Code, sees, 22-2401 
through 22-2405) (relating to murder and manslaughter), 
3i^Jtft^\"32Y' 
76 stat. 46. 
Post, 
p. 5 9 1 . 
478 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
Post, p. 600. 
"(vi) section 808 (D.C. Code, sec. 22-2801) (relating to 
rape), 
31 Stat. 1322. 
"(yjj) gectlon 810 (D.C. Code, sec. 22-2901) (relating to 
robbery) ; or 
"(B) involves any other oifense under any law applicable ex-
clusively to the District of Columbia which offense is joined in 
such information or indictment with any of the offenses listed in 
subparagraph (A). 
"(3) Any offense under any law applicable exclusively to the Dis-
trict of Columbia which offense is joined in the same information or 
indictment with any Federal offense. 
"§ 11-503. Removal of cases from the Superior Court of the Dis-
trict of Columbia 
"A civil action or criminal prosecution in the Superior Court of the 
District of Columbia is removable to the United States District Court 
for the District of Columbia in accordance with chapter 89 of title 
28, United States Code. 
"SUBCHAPTER II.—AUDITOR 
"§ 11-521. Appointment of Auditor 
"For so long as the business of the court may require, the United 
States District Court for the District of Columbia may appoint an 
Auditor for the court. 
"Chapter 7.—DISTRICT OF COLUMBIA COURT OF APPEALS 
"SUBCHAPTEB I.—CONTINUATION AND OBQANIZATION 
"Sec, 
"11-701. Continuation of court; court of record; seal. 
"11-702. Composition. 
"11-703. Judges; service; compensation. 
"11-704. Oath of judges. 
"11-705. Assignment of judges; divisions; hearings. 
"11-706. Absence, disability, or disqualification of judges; vacancies; quorum. 
"11-707. Assignment of judges to and from Superior Court. 
"11-708. Clerks and secretaries for judges. 
"11-700. Reports. 
"SUBCHAPTEB II.—JUEISDICTION 
"11-721. Orders and judgments of the Superior Court. 
"11-722. Administrative orders and decisions. 
"SUBCHAPTER ni.—MISCELLANEOUS PROVISIONS 
"11-741. Contempt powers. 
"11-742. Oaths, affirmations, and acknowledgements. 
"11-743. Rules of court. 
"SUBCHAPTER I.—CONTINUATION AND 
ORGANIZATION 
"§ 11-701. Continuation of court; court of record; seal 
"(a) The District of Columbia Court of Appeals (hereafter in this 
subchapter referred to as the 'court') shall continue as a court of rec-
ord in the District of Columbia. 
"(b) The court shall have a seal. 
"§11-702. Composition 
"The court shall consist of a chief judge and eight associate judges. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
479 
"§ 11-703. Judges; service; compensation 
"(a) The chief judge and the judges of the court shall serve in ac-
cordance with chapter 1,5 of this title. 
"(b) Judges of the court shall be compensated at 90 per centum of 
the rate prescribed by law for judges of the United States courts of 
appeals. The chief judge, during his service in that position, shall 
receive an additional $500 per annum. 
"§ 11-704. Oath of judges 
"Each judge, when appointed, shall take the oath prescribed for 
judges of courts of the United States. 
"§11-705. Assignment of judges; divisions; hearings 
"(a) Judges of the court shall sit on the court and its divisions in 
such order and at such times as the court directs. 
"(b) Cases and controversies shall be heard and determined by divi-
sions of the court unless a hearing or rehearing before the court in 
banc is ordered. Each division of the court shall consist of three judges. 
"(c) A hearing before the court in banc may be ordered by a major-
ity of the judges of the court in regular active service. The court in 
banc for a hearing shall consist of the judges of the court in regular 
active service. 
"(d) A rehearing before the court in banc may be ordered by a ma-
jority of the judges of the court in regular active service. The court 
in banc for a rehearing shall consist of the judges of the court in 
regular active service, except that a retired judge may sit as a judge 
of the court in banc in the rehearing of a case or controversy if he sat 
on the court or a division of the court at the original hearing thereof. 
"§ 11-706. Absence, disability, or disqualification of judges; va-
cancies; quorum 
"(a) When the chief judge of the court is absent or disabled, his 
duties shall devolve upon and be performed by such associate judge 
as the chief judge may designate in writing. In the event that the 
chief judge is (1) disqualified or suspended, or (2) unable or fails to 
make such a designation, his duties shall devolve upon and be per-
formed by the associate judges of the court according to the seniority 
of their original commissions. 
"(b) A chief judge whose term as chief judge has expired shall 
continue to serve until redesignated or until his successor has been 
designated. When there is a vacancy in the position of chief judge, 
the position shall be filled temporarily as provided in subsection (a). 
"(c) Two judges shall constitute a quorum of a division of the court, 
and six judges shall constitute a quorum of the court sitting in banc. 
"§ 11-707. Assignment of judges to and from Superior Court 
"(a) The chief judge of the District of Columbia Court of Appeals 
may designate and assign temporarily one or more judges of the 
Superior Court of the District of Columbia to serve on the District 
of Columbia Court of Appeals or a division thereof whenever the 
business of the District of Columbia Court of Appeals so requires. 
Such designations or assignments shall be in conformity with the rules 
or orders of the District of Columbia Court of Appeals. 
"(b) Upon presentation of a certificate of necessity by the chief 
judge of the Superior Court of the District of Columbia, the chief 
judge of the District of Columbia Court of Appeals may designate 
480 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
and assign temporarily one or more judges of the District of Columbia 
Court of Appeals to serve as a judge of the Superior Court of the 
District of Columbia. 
"§ 11-708. Clerks and secretaries for judges 
"Each judge may appoint and remove a personal secretary. The 
chief judg;e may appomt and remove two personal law clerks, and 
each associate judge may appoint and remove a personal law clerk. 
In addition, the chief judge may appoint and remove not more than 
three law clerks for the court. The law clerks appointed for the court 
shall serve as directed by the chief judge. 
*•§ 11-709. Reports 
"Each judge shall submit to the chief judge such reports and data as 
the chief judge may request. Each judge shall submit a monthly writ-
ten report to the chief judge and the Commission on Judicial Disa-
bilities and Tenure which shall be in a form prescribed by the chief 
judge after consultation with the Commission and which shall set 
forth the following: 
"(1) The number of days' attendance in court of the judge 
during the month covered. 
"(2) The division of the court which he attended. 
"(3) The number of hours per day of his attendance. 
" (4) The number and type of matters disposed of by the judge 
during the month covered. 
"(5) Such other data as the chief judge may require. 
I 
"SUBCHAPTER IL—JURISDICTION 
"§ 11-721. Orders and judgments of the Superior Court 
"(a) The District of Columbia Court of Appeals has jurisdiction 
of appeals from— 
"(1^ all final orders and judgments of the Superior Court of 
the District of Columbia; 
"(2) interlocutory orders of the Superior Court of the District 
of Columbia— 
"(A) granting, continuing, modifying, refusing, or dis-
solving or refusing to dissolve or modify injunctions; 
"(B) appointing receivers, guardians, or conservators or 
refusing to wind up receiverships, guardianships, or the ad-
ministration of conservators or to take steps to accomplish 
the purposes thereof; or 
"(C) changing or affecting the possession of property; and 
"(3) orders or rulings of the Superior Court of the District 
of Columbia appealed oy the United States or the District of 
^^post, pp. 606, 
Columbia pursuant to section 23-104 or 23-111 (d) (2). 
"(b) Except as provided in subsection (c) of this section, a party 
aggrieved by an order or judgment specified in subsection (a) of this 
section, may appeal therefrom as of right to the District of Columbia 
Court of Appeals. 
"(c) Review of judgments of the Small Claims and Conciliation 
Branch of the Superior Court of the District of Columbia and of 
judgments in the Criminal Division of that court where the penalty 
imposed is a fine of less than $50 for an offense punishable by im-
prisonment of one year or less, or by fine of not more than $1,000, or 
both, shall be by application for the allowance of an appeal, filed in 
the District of Columbia Court of Appeals. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
481 
"(d) When a judge of the Superior Court of the District of Co-
lumbia in making in a civil case (other than a case in which a child, 
as defined in section 16-2301, is alleged to be delinquent, neglected, or ^°«'' P- ^^a. 
in need of supervision) a ruling or order not otherwise appealable 
under this section, shall be of the opinion that the ruling or 
order involves a controlling question of law as to which there is sub-
stantial ground for a difference of opinion and that an immediate 
appeal from the ruling or order may materially advance the ultimate 
termination of the litigation or case, he shall so state in writing in 
the ruling or order. The District of Columbia Court of Appeals may 
thereupon, in its discretion, permit an appeal to be taken from that 
ruling or order, if application is made to it within ten days after the 
issuance or entry of the ruling or order. An application for an appeal 
under this subsection shall not stay proceedings in the Superior Court 
of the District of Columbia unless the judge of that court who made 
such ruling or order or the District of Columbia Court of Appeals or 
a judge thereof shall so order. 
"(e) On the hearing of any appeal in any case, the District of Co-
lumbia Court of Appeals shall give judgment after an examination of 
the record without regard to errors or defects which do not affect the 
substantial rights of the parties. 
"§ 11-722. Administrative orders and decisions 
"The District of Columbia Court of Appeals has jurisdiction (1) 
except as provided in clause (2), to review orders and decisions of the 
Commissioner of the District of Columbia, the District of Columbia 
Council, any agency of the District of Columbia (including the Board 
of Zoning Adjustment of the District of Columbia and the Zoning 
Commission of the District of Columbia), and the District of Colum-
bia Redevelopment Land Agency, in accordance with the District of 
Columbia Administrative Procedure Act (D.C. Code, sees. 1-1501— 
1-1510); and (2) to review orders and decisions of the Public Service 82 stat. 1203; 
Commission of the District of Columbia in accord^.nce with section g °^ ' ^" 
of the Act of March 4, 1913 (D.C. Code, chapters 1 through 10, title 
4 3 ) . 
37 Stat. 974. 
"SUBCHAPTER III.—MISCELLANEOUS 
PROVISIONS 
"§ 11-741. Contempt powers 
"In addition to the powers conferred by section 402 of title 18, 
United States Code, the District of Columbia Court of Appeals, or a ^2 stat. 701, 
judge thereof, may punish for disobedience of an order or for con-
tempt committed in the presence of the court. 
"§11-742. Oaths, affirmations, and acknowledgments 
"Each judge of the District of Columbia Court of Appeals and each 
employee of the court authorized by the chief judge may administer 
oaths and affirmations and take acknowledgments. 
"§11-743. Rules of court 
"The District of Columbia Court of Appeals shall conduct its busi-
ness according to the Federal Rules of Appellate Procedure unless the 
28 use app. 
court prescribes or adoj^ts modifications of those Rules. 
482 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"Chapter 9.—SUPERIOR COURT OF THE DISTRICT OF 
COLUMBIA 
• ' S U B C H A P T E R I.—CONTINUATION AND ORGANIZATION 
"Sec. 
"11-901. Continuation of courts; court of record ; seal. 
"11-902. Organization of the court. 
"11-903. Composition. 
"11-904. Judges; service; compensation. 
"11-905. Oath of judges. 
"11-906. Administration by chief judge; discharge of duties. 
"11-907. Absence, disabilit.v, or disqualification of chief .judge. 
"11-908. Designation and assignment of judges. 
"11-909. Meetings and reports. 
"11-910. Clerks and secretaries for judges. 
"SUBCHAPTER II. 
JURISDICTION 
"11-921. Civil jurisdiction. 
"11-922. Transfer of civil actions to Superior Court. 
"11-923. Criminal jurisdiction ; commitment. 
"SUBCHAPTER III. 
MISCELLANEOUS PROVISIONS 
"11-941. Issuance of warrants ; record. 
"11-942. Subpenas. 
"11-943. Process. 
"11-944. Contempt povi'er. 
"11-945. Oaths, affirmations, and acknowledgments. 
"11-946. Rules of court. 
"SUBCHAPTER I.—CONTINUATION AND ORGANIZATION 
"§ 11-901. Continuation of courts; court of record; seal 
"The District of Columbia Court of General Sessions, the Juvenile 
Court of the District of Columbia, and the District of Columbia Tax 
Court are consolidated in a single court to be known as the Superior 
Court of the District of Columbia (hereafter in this title referred 
to as the 'Superior Court'). The Superior Court shall be a court of 
record in the District of Columbia and shall have a single seal. 
*'§ 11-902. Organization of the court 
"The Superior Court shall consist of the following divisions: Civil 
Division, Criminal Division, Family Division, Probate Division, and 
Tax Division. The divisions of the Superior Court may be divided 
into such branches as the Superior Court may by rule prescribe. 
"§11-903. Composition 
"The Superior Court shall consist of a chief judge and forty-three 
associate judges (seven of whom shall not be appointed until twelve 
months after the effective date of the District of Columbia Court Re-
organization Act of 1970). 
"§ 11-904. Judges; service; compensation 
"(a) The chief judge and the judges of the Superior Court shall 
serve as provided in chapter 15 of this title. 
"(b) Judges of the Superior Court shall be compensated at 90 per 
centum of the rate prescribed by law for judges of United States dis-
trict courts. The chief judge, during his service in that position, shall 
receive an additional $500 per annum. 
"§11-905. Oath of judges 
"Each judge of the Superior Court, when appointed shall take the 
oath prescribed for judges of courts of the United States. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
483 
"§ 11-906. Administration by chief judge; discharge of duties 
"(a) The chief judge shall administer and superintend the busi-
ness of the Superior Court, as provided in chapter 17 of this title. He 
^°«'' P- SOS. 
shall give his attention to the discharge of the duties especially jper-
taining to his office and to the performance of such additional judicial 
work as he is able to perform. 
"(b) He shall, insofar as is consistent with this title, arrange and 
divide the business of the Superior Court and fix the time of sessions 
of the various divisions and branches of the Superior Court. 
*'§ 11-907. Absence, disability, or disqualification of chief judge 
"(a) When the chief judge of the court is absent or disabled, his 
duties shall devolve upon and be performed by such associate judge as 
the chief judge may designate in writing. In the event that the chief 
judge is (1) disqualified or suspended, or (2) unable or fails to make 
such a designation, his duties shall devolve upon and be performed by 
the associate judges of the court according to the seniority of their 
original commissions. 
"(b) A chief judge whose term as chief judge has expired shall con-
tinue to serve until redesignated or until his successor has been desig-
nated. When there is a vacancy in the position of chief judge, the 
position shall be filled temporarily as provided in subsection (a). 
"
*
§ 11-908. Designation and assignment of judges 
"(a) The chief judge may designate the number of judges to serve 
in any division and branch of the Superior Court and may assign and 
I'eassign any judge to sit in any division or branch, l ^ e n making 
assignments to the Family Division and Tax Division, the chief judge 
shall consider the qualifications and interest of the judges. Each as-
sociate judge shall attend and serve in the division and branch to which 
he is assigned. 
"(b) When the business of the Superior Court requires, the chief 
judge may certify to the chief judge of the District of Columbia Court 
of Appeals the need for temporary assignment of an additional judge 
or judges as provided in section 11-707. 
"(c) Upon presentation of a certificate of necessity by the chief 
judge of the Superior Court, the chief jud^e of the United States 
Court of Appeals for the District of Columbia Circuit may designate 
and assign temporarily a judge or judges as provided in subsection 
(c) of section 292 of title 28, United States Code. 
^°«'' P- SSL 
"§ 11-909. Meetings and reports 
"(a) The judges of the Superior Court shall meet upon the call of 
the chief judge, but not less than once each month, to consider matters 
relating to the business and operations of the court. The court may by 
rule require additional meetings. 
"(b) Each associate judge shall submit to the chief judge such 
reports and data as the chief judge may request. Each judge shall sub-
mit a nionthly written report to the chief judge and the Commission 
on Judicial Disabilities and Tenure which shall be in a form pre-
scribed by the chief judge after consultation with the Commission 
and which shall set forth the duties performed by the reporting judge 
as follows: 
"(1) The number of days' attendance in court of the judge 
during the month covered. 
"(2) The division and branch (if any) of the court which he 
attended. 
"(3) The number of hours per day of his attendance. 
"(4) The numter and type of matters disposed of by the judge 
during the month covered. 
"(5) Such other data as the chief judge may require. 
484 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"§ 11-910. Clerks and secretaries for j u ^ e s 
"Each judge of the Superior Court may appoint and remove a per-
sonal law clerk and a personal secretary. 
"SUBCHAPTER II.—JURISDICTION 
"§ 11-921. Civil jurisdiction 
"(a) Except as provided in subsection (b), the Superior Court 
has jurisdiction of any civil action or other matter (at law or in 
equity) brought in the District of Columbia. Such jurisdiction shall 
vest in the court as follows: 
"(1) Beginning on the effective date of the District of Columbia 
Court Reorganization Act of 1970, the court has jurisdiction of 
any civil action or other matter begun before such effective date in 
the District of Columbia Court of General Sessions, the Juvenile 
Court of the District of Columbia, or the District of Columbia Tax 
Court. 
"(2) Beginning on such effective date, the court has jurisdic-
tion of any civil action or other matter, at law or in equity, which 
is begun in the Superior Court on or after such effective date and in 
which the amount in controversy does not exceed $50,000. 
"(3) Beginning on such effective date, the court has jurisdiction 
(regardless of the amount in controversy) of any civil action or other 
matter, at law or in equity, which— 
"(A) is brought under— 
D!c.'c;de^i6- 
"(i) subchapter I of chapter 11 of title 16 (relating to 
1101. 
ejectment); 
Dx!'co/e^?6- 
"(^^) subchapter I I or III of chapter 13 of title 16 (re-
1311, 16-1331." 
lating to the condemnation of land on behalf of the District 
of Columbia); 
D°c!'codt^i6. 
"(iii) chapter 19 of title 16 (relating to writs of habeas 
1901." 
corpus directed to persons other than Federal officers and 
employees) ; 
D.c. Code 16- 
"(iv) chapter 25 of title 16 (relating to change of name); 
"D!C. Code 16- 
"(v) chapter 33 of title 16 (relating to quieting title to 
3301. 
real property) ; 
Post, p. 562. 
u^^j^ subchapter I I of chapter 35 of title 16 (relating to 
writ of quo warranto); 
D°c''codl^i6- 
"(vii) chapter 37 of title 16 (relating to replevin of per-
3701.' 
sonal property); 
"(viii) the Hospital Treatment for Drug Addicts Act 
for the District of Columbia (D.C. Code, sees. 24-601 through 
70 Stat. 609. 
24-611) (relating to commitment of narcotics users); or 
"(ix) section 2 of the Act of August 3, 1968 (D.C. Code, 
82 Stat. 628. 
sec. 1-804(b)) (relating to contractors bonds). 
"(B) involves an appeal from or petition for review of any 
assessment of tax (or civil penalty thereon) made by the District 
of Columbia; or 
"(C) is brought under chapter 23 of title 16. 
"(4) Immediately following the expiration of the eighteen-month 
period beginning on such effective date, the court has jurisdiction 
(regardless of the amount in controversy) of any civil action or other 
matter, at law or in equity, brought under— 
"(A) chapter 3 of title 21 (relating to gifts to minors) ; 
3ol!" 
' ' 
"(B) chapter 5 of title 21 (relating to hospitalization of the 
^^D.c. Code 21- 
mentally ill); 
D!C. Code 21- 
"(C) chapter 7 of title 21 (relating to property of the mentally 
ill); 
"(D) chapter 11 of title 21 (relating to commitment and main-
tenance of substantially retarded persons); 
Post, p. 522. 
79 Stat. 744. 
D.C. Code 21-
701 
D.C. Code 21 
1101. 
D.C. Code 21-
1501. 
D.C. Code 21-
301 to 21-1301. 
Post, p. 561. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
4S5 
"(E) chapter 13 of title 21 (relating to appointment of com- 
l^J'^^-J^^i^. 
mittees for alcoholics and addicts); 
i3oi 
"(F) chapter 15 of title 21 (relating to appointment of con-
servators) ; or 
"(G) chapter 3, 7, 11, 13, or 15 of title 21 in the United States 
District Court for the District of Columbia and not completed 
in that court before the expiration of such eighteen-month 
period. 
"(5) Immediately following the expiration of the thirty-month 
l)eriod beginning on such effective date, the court has jurisdiction 
(regardless of the amount in controversy)— 
" (A) of any matter (at law or in equity)— 
"(i) brought under chapter 29 of title 16 (relating to par-
tition of property and assignment of dower); 
"(ii) which would have been within the jurisdiction of the 
Orphans Court of Washington County, District of Columbia, 
before June 21,1870; 
" (iii) relating to the execution or validity of wills devising 
real property within the District of Columbia, and of wills 
and testaments properly presented for probate in the court, 
and the admission to probate and recording of those wills; 
"(iv) relating to the proof of wills of either personal or 
real property and the revocation of probate of wills for 
cause; 
"(v) involving the granting and revocation for cause of 
letters testamentary, letters of administration, letters ad col-
ligendum and letters of guardianship, and the appointment 
of successors to persons whose letters have been revoked; 
"(vi) involving the hearing, examination, and issuance of 
decrees upon accounts, claims, and demands existing between 
executors or administrators and legatees or persons entitled 
to a distributive share of an intestate estate, or between wards 
and their guardians; 
"(vii) involving the enforcement of the rendition of in-
ventories and accounts by executors, administrators, collec-
tors, guardians, and trustees required to account to the court; 
" (viii) involving the enforcement of distribution of estates 
by executors and administrators and the payment or delivery 
by guardians of money or property belonging to their 
wards; or 
"(ix) otherwise within the probate jurisdiction of the 
United States District Court for the District of Columbia 
on the day before sucli effective date; and 
"(B) any matter (at law or in equity) described in subpara-
graph (A) which was begun in the United States District Court 
for the District of Columbia and not completed in that court be-
fore the expiration of such thirty-month period. 
"(6) Immediately following the expiration of the thirty-month 
period beginning on such effective date, the court has jurisdiction 
(regardless of the amount in controversy) of any civil action or other 
matter, at law or in equity, brought in die District of Columbia. 
"(b) The Superior Court does not have jurisdiction over any civil 
action or other matter (1) over which exclusive jurisdiction is vested 
in a Federal court in the District of Columbia, or (2) over which 
jurisdiction is vested in the United States District Court for the Dis-
trict of Columbia under section 11-501 (relating to civil actions or 
^"'e, p. 476 
other matters begun in such court before the expiration of the thirty-
mon<^h period beginning on the effective date of the District of Colum-
bia Court Reorganization Act of 1970). 
486 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"§ 11-922. Transfer of civil actions to Superior Court 
"(a) In a civil action begun in the United States District Court for 
the District of Columbia before the effective date of the District of 
Columbia Court Reorganization Act of 1970 (other than an action 
for equitable relief), where it appears to the satisfaction of the court 
at or subsequent to any pretrial hearing but before trial thereof that 
the action will not justify a judgment in excess of $10,000 and does 
not otherwise invoke the jurisdiction of the court, the court may 
certify the action to the Superior Court for trial. 
"(b) In a civil action begun in the United States District Court for 
the District of Columbia during the thirty-month period beginning on 
the effective date of the District of Columbia Court Reorganization 
Act of 1970, the court may certify the action to the Superior Court 
if it appears to the satisfaction of the United States District Court 
at or subsequent to any pretrial hearing, but before the trial thereof, 
that— 
"(1) the action will not justify a judgment in excess of 
$50,000; and 
"(2) the action does not otherwise invoke the jurisdiction of 
the court. 
"(c) When an action is transferred under this section, the plead-
ings in the action, together with a copy of the docket entries and copies 
of any orders entered therein, and the deposit for costs, shall be sent 
to the Superior Court. The Superior Court shall thereafter treat the 
case as though it had been filed originally in that court, except that 
the jurisdiction of the court shall extend to the amount claimed in the 
action even though it exceeds the applicable jurisdictional limitation. 
"§ 11-923. Criminal jurisdiction; commitment 
"(a) The Superior Court has jurisdiction over all criminal cases 
pending in the District of Columbia Court of General Sessions before 
the effective date of the District of Columbia Court Reorganization 
Act of 1970. 
"(b) (1) Except as provided in paragraph (2), the Superior Court 
has jurisdiction of any criminal case under any law applicable ex-
clusively to the District of Columbia. 
"(2) The Superior Court shall not have jurisdiction of any crim-
inal case under any law applicable exclusively to the District of Co-
lumbia begun in the United States District Court for the District of 
Ante, p. 477. 
Columbla Under section 11-502(2) by the return of an indictment or 
the filing of an information during the eighteen-month period begin-
ning on such effective date. 
"(c) (1) With respect to any criminal case over which the Superior 
Court has jurisdiction, that court may make preliminary examina-
tions and commit offenders, either for trial or for further examination, 
and may release or detain offenders in accordance with chapter 13 of 
Post, p. 639. 
title 23. _ 
" (2) With respect to any criminal case over which the United States 
District Court for the District of Columbia has jurisdiction, the Su-
perior Court (A) may make preliminary examinations and commit 
offenders, either for trial or for further examination, but only during 
the eighteen-month period beginning on the effective date of the Dis-
trict of Columbia Court Reorganization Act of 1970, and (R) may 
release or detain offenders in accordance with chapter 13 of title 23. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
487 
"SUBCHAPTER III.—MISCELLAXEOUS PROVISIONS 
"§ 11-941. Issuance of warrants; record 
"Subject to title 23, judges of the Superior Court may, at any time, 
^°«'' P- 604. 
including Sundays and legal holidays, on complaint or application 
under oath or actual view, issue warrants for arrest, search or seizure, 
or electronic surveillance in connection with crimes and offenses com-
mitted within the District of Cohimbia, or for administrative inspec-
tions in connection with laws relating to the public health, safety, and 
welfare. Each proceeding respecting a warrant shall be recorded as 
prescribed by the court. Warrants shall be issued free of charge. 
"§ 11-942. Subpenas 
" (a) The Superior Court may compel the attendance of witnesses by 
attachment. At the request of any party, subpenas for attendance at 
a hearing or trial in the Superior Court shall be issued by the clerk of 
court. A subpena may be served at any place within the District of 
Columbia, or at any place without the District of Columbia that is 
within twenty-five miles of the place of the hearing or trial specified 
in the subpena. The form, issuance, and manner of service of the sub-
pena shall be as prescribed by the rule of the coui-t. 
"(b) A subpena in a criminal case in which a felony is charged may 
be served at any place within the United States upon order of a judge 
of the court. 
*^§ 11-943. Process 
"(a) All process other than a subpena may be served at any place 
witlrn tlie District of Columbia, and, when authorized by statute or 
by the Federal Rules of Civil Procedure, at any place without the 
^^ ^^^ ^PP-
District of Columbia. 
"(b) Service upon a third-party defendant, upon a person whose 
joinder is needed for just adjudication, and upon persons required to 
respond to any order of commitment for civil contempt may be served 
at all places outside the District of Columbia that are not more than 
one hundred miles from the place of hearing or trial specified. 
"(c) The form, issuance, and manner of service of process shall be 
prescribed by rule of the court. 
"§11-944. Contempt power 
"In addition to the powers conferred by section 402 of title 18, 
United States Code, the Superior Court, or a judge thereof, may pun- 
^2 stat. 701. 
isli for disobedience of an order or for contempt committed in the 
presence of the court. 
"§ 11-945. Oaths, affirmations, and acknowledgments 
"Each judge and each employee of the Superior Court authorized 
by the chief judge may administer oaths and affirmations and take 
acknowledgments. 
«§ 11-946. Rules of court 
"The Superior Court shall conduct its business according to the 
Federal Rules of Civil Procedure and the Federal Rules of Criminal 
Procedure (except as otherwise provided in title 23) unless it pre- 
^^ "^^ ^PP-
scribes or adopts rules which modify those Rules. Rules which modify 
the Federal Rules shall be submitted for the approval of the District 
of Columbia Court of Appeals, and they shall not take effect until 
47-348 0 - 7 2 - 3 5 (Pt. 1) 
488 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
approved by that court. The Superior Court may adopt and enforce 
other rules as it may deem necessary without the approval of the Dis-
trict of Columbia Court of Ajppeals if such rules do not modify the 
Federal Eules. The Superior Court may appoint a committee of law-
yers to advise it in the performance of its duties under this section. 
"Chapter 11.—FAMILY DIVISION OF THE SUPERIOR COURT 
"Sec. 
"11-1101. Exclusive jurisdiction. 
"§ 11-1101. Exclusive jurisdiction 
"The Family Division of the Superior Court shall be assigned, in 
Ante, p. 482. 
accordauce with chapter 9, exclusive jurisdiction of— 
"(1) actions for divorce from the bond of marriage and legal 
separation from bed and board, including proceedings incidental 
thereto for alimony, pendente lite and permanent, and for support 
and custody of minor children; 
"(2) applications for revocation of divorce from bed and 
board; 
"(3) actions to enforce support of any person as required by 
law; 
" (4) actions seeking custody of minor children, including peti-
tions for writs of habeas corpus; 
" (5) actions to declare marriages void; 
" (6) actions to declare marriages valid; 
. 
" (7) actions for annulments of marriage; 
• ^ "(8) determinations and adjudications of property rights, both 
real and personal, in any action referred to in this subsection, 
irrespective of any jurisdictional limitation imposed on the Supe-
rior Court; 
"(9) proceedings in adoption ; 
"(10) proceedings under the Act of July 10, 1957 (D.C. Code, 
71 Stat. 285. 
gecs. 80-301 to 30-^324) ; 
" (11) proceedings to determine paternity of any child born out 
of wedlock; 
"(12) civil proceedings for protection involving intra family 
Post, p. 546. 
offenses, instituted pursuant to chapter 10 of title 16; 
"(13) proceedings in which a child, as defined in section 16-
Post, p. 523. 
2301, is alleged to be delinquent, neglected, or in need of super-
vision ; 
pj^^^tat. 750; 
"(14) proceedings under chapter 5 of title 21 relating to the 
D.C. Code'21- 
Commitment of the mentally ill; 
501, 
"(15) proceedings under chapter 11 of title 21 relating to the 
D.C. Code 21- 
Commitment of the substantially retarded; and 
^^°^" 
"(16) proceedings under Interstate Compact on Juveniles (de-
scribed in title VII of the District of Columbia Court Reform 
Post, p. 657. 
^^^^ Criminal Procedure Act of 1970). 
"Chapter 12.—TAX DIVISION OF THE SUPERIOR COURT 
"Sec. 
"11-1201. Exclusive jurisdiction. 
"11-1202. Abolition of other remedies. 
"11-1203. Rules and regulations. 
"§11-1201. Exclusive jurisdiction 
"The Tax Division of the Superior Court shall be assigned exclusive 
jurisdiction of— 
"(1) all appeals from and petitions for review of assessments 
of tax (and civil i^enalties thereon) made by the District of 
Columbia: and 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
489 
"(2) all proceedings brought by the District of Columbia for 
the imposition of criminal penalties pursuant to the provisions of 
the statutes relating to taxes levied by or in behalf of the District 
of Columbia. 
*
*
§ 11-1202. Abolition of other remedies 
"Notwithstanding any other provision of law, the jurisdiction of 
the Tax Division of the Superior Court to review the validity and 
amount of all assessments of tax made by the District of Columbia is 
exclusive. Effective on and after the effective date of the District of 
C^olumbia Court Reorganization Act of 1970, any common-law remedy 
with respect to assessments of tax in the District of Columbia and any 
equitable action to enjoin such assessments available in a court other 
than the former District of Columbia Tax Court is abolished. Actions 
properly filed before the effective date of that Act are not aft'ected by 
this section and the court in which any such action has been filed may 
retain jurisdiction until its disposition. 
"§ 11-1203. Rules and regulations 
"The Superior Court may make such rules and regulations for con-
ducting business in the Tax Division, consistent with the statutes 
applicable to such business and with the Superior Court's general rules 
of practice and procedure, as it may deem necessary and proper. Rules 
and regulations for the Tax Division shall, insofar as possible, assure 
the prompt disposition of matters before the Tax Division to the end 
that the taxing statutes of the District of Columbia shall be fairly and 
efficiently enforced. 
"Chapter 13.—SMALL CLAIMS AND CONCILIATION 
BRANCH OF THE SUPERIOR COURT 
"SUBCHAPTER I.—CONTINUATION AND SESSIONS 
"Sec. 
•'11-1301. Continuation of Branch. 
"11-1302. Sessions. 
"SUBCHAPTER II. 
JURISDICTION AND PROCEDtJRES 
•"11-1321. Exclusive jurisdiction of small claims. 
•'11-1322. Arbitration and conciliation. 
"11-1323. Certification of cases by Superior Court judges; recertification; certi-
fication by Branch. 
"SUBCHAPTER I.—CONTINUATION AND SESSIONS 
"§ 11-1301. Continuation of Branch 
"The Small Claims and (Conciliation Branch shall continue as a 
branch of the Civil Division in the Superior Court. 
"§ 11-1302. Sessions 
"The Small Claims and Conciliation Branch, with a judge in attend-
ance, shall be open for the transaction of business on every day of the 
year except Saturday afternoons, Sundays, and legal holidays, and 
shall hold at least one evening session during each week, 
"Sin^C^HAPTER II.—JITRISDK^TION AND PROC^EDURES 
''§ 11-1321. Exclusive jurisdiction of small claims 
"The Small Claims and Conciliation Branch has exclusive juris-
diction of any action within the jurisdiction of the Superior Court 
which is only for the recovery of money, if the amount in controversy 
does not exceed $750, exclusive of interest, attorney fees, protest fees, 
and costs. An action which affects an interest in real property may not 
490 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
be brought in the Branch. If a counterclaim, cross claim, or any other 
claim or any defense, affecting an interest in real property, is made in 
an action brought in the Branch, the action shall be certified to the 
Civil Division. 
"§ 11-1322. Arbitration and conciliation 
"In order to effect the speedy settlement of controversies, and with 
the consent of the parties thereto, the Small Claims and Conciliation 
Branch may settle cases, irrespective of the amount involved, by the 
methods of arbitration and conciliation. A judge sitting in the Branch 
may act as a referee or arbitrator, either alone or in conjunction with 
other persons, as provided by rule of the court. A judge, officer, or 
employee of the Superior Court may not accept any fee or compensa-
tion in addition to his salary for services performed pursuant to this 
section. 
"§ 11-1323. Certification of cases by Superior Court judges; re-
certification; certification by Branch 
"(a) When the interests of justice seem to require and all parties 
consent thereto, a judge of the Superior Court may certify a case to 
the Small Claims and Conciliation Branch for conciliation or to 
obtain a complete or partial agreed statement of facts or stipulation, 
which will simplify and expedite the ultimate trial of the case. With 
the consent of all parties, the trial of the case may be completed in 
the Branch. In the absence of consent, the case shall be recertified to 
another judge of the Civil Division for trial. 
"(b) When the interests of justice seem to require, the Branch may 
certify to the Civil Division any action brought in the Branch under 
section 11-1321. 
"Chapter 15.—JUDGES OF THE DISTRICT OF COLUMBIA 
COURTS 
" S U B C H A P T E R I. 
APPOINTMENT ; QUALIFICATIONS ; SERVICE OF JUDGES 
"Sec-
"11-1501. Appointment and qualifications of judges. 
"11-1502. Tenure. 
"11-1503. Designation of chief judge. 
"11-1504. Service of retired judges. 
"11-1505. Vacations. 
"SUBCHAPTER I I . — T H E DISTRICT OF COLUMBIA COMMISSION 
ON 
JUDICIAL 
DISABILITIES 
AND 
TENURE 
"11-1521. Establishment of Commission. 
"11-1522. Membership. 
"11-1523. Terms of office; vacancy; continuation of service by a member. 
"11-1524. Compensation. 
"11-1525. Operations ; personnel; administrative services. 
"11-1526. Removal; involuntary retirement; proceedings. 
"11-1527. Procedures. 
"11-1528. Privilege; confidentiality. 
"11-1529. Judicial review. 
"11-1530. Financial statements. 
"SUBCHAPTER 
III. 
RETIREMENT 
"11-1561. Definitions. 
"11-1562. Eligibility for retirement. 
"11-1563. Withholding of retirement payments; lump-sum credit. 
"11-1564. Computation of retirement salary; election to credit other service. 
"11-1565. Service by retired judges. 
"11-1566. Survivor annuity; election; relinquishment. 
"11-1567. Survivor annuity; payments to fund. 
"11-1568. Survivor annuity; entitlement; computation. 
"11-1569. Survivor annuity; payment; order of precedence. 
"11-1570. Retirement and annuity fund. 
"11-1571. Periodic increases; existing rights. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
491 
"SUBCHAPTER L—APPOINTMENT; QUALIFICATIONS; 
SERVICE OF JUDGES 
"§ 11-1501. Appointment and qualifications of judges 
"(a) The President of the LTnited States shall nominate, and by 
and with the advice and consent of the Senate, shall appoint all judges 
of the District of Columbia courts. He shall have power to fill all 
vacancies that may occur in those courts during a recess of the Senate, 
by granting commissions which shall expire at the end of the next ses-
sion of the Senate. 
"(b) A person may not be appointed a judge of a District of Co-
lumbia court unless he— 
"(1) is a citizen of the United States; 
"(2) (A) is a member of the bar of the District of Columbia, 
and (B)(i) has been a member of such bar for a period of at 
least five years, or (ii) in the case of a professor of law in a law 
school in the District of Columbia or of an attorney employed in 
the District of Columbia by the United States or the District of 
Columbia, has been eligible for membership in the bar of the Dis-
trict of Cohimbia for at least five years prior to his appointment; 
"(3) has been actively engaged, for at least five of the ten 
years immediately prior to his appointment, as an attorney in 
the practice of law in the District of Columbia, as a judge of a 
District of Columbia court, as a professor of law in a law school 
in the District of Columbia, or as an attorney employed in the 
District of Columbia by the United States or the District of 
Columbia; and 
"(4) is a bona fide resident of the area consisting of the Dis-
trict of Columbia, Montgomery and Prince George's Counties in 
Maryland, Arlington and Fairfax Counties and the city of Alex-
andria in Virginia and has maintained an actual place of abode 
in such area for at least five years prior to his appointment. 
During his term of service and for one year after the termination 
thereof, no member of the District of Columbia Commission on Judi-
cial Disabilities and Tenure shall be eligible for nomination or ap-
pointment to a District of Columbia court. 
«§ 11-1502. Tenure 
"Subject to mandatory retirement at age 70 and to the provisions of 
subchapters I I and I I I of this chapter, a judge of a District of Colum-
bia court appointed on or after the date of enactment of the District 
of Columbia Court Reorganization Act of 1970 shall serve for a term 
of fifteen years, and upon completion of such term, such judge shall 
continue to serve until his successor is appointed and qualifies. 
"§ 11-1503. Designation of Chief Judge 
" (a) The chief judge of a District of Columbia court shall be desig-
nated by the President of the United States from among the judges of 
the court in regular active service, and shall serve for a term of four 
years or until his successor is designated. He shall be eligible for re-
designation. A judge may relinquish his position as chief judge, after 
giving notice to the President. 
" (b) If a chief judge is not redesignated, or relinquishes the office of 
chief judge, he shall continue as an associate judge. 
"§ 11-1504. Service of retired judges 
"A judge, retired for reasons other than disability may perform, 
upon designation of a chief judge, those judicial duties which he is 
willing and able to undertake. 
492 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
«§ 11-1505. Vacations 
" (a) Each judge of the District of Columbia courts shall be entitled 
to an annual vacation of not more than 30 calendar days. Such vaca-
tion shall be taken at such time or times as prescribed by the chief 
judge of the District of Columbia Court of Appeals for judges of that 
court and by the chief judge of the Superior Court for judges of that 
court. Time spent by a judge as a member of any conference, commit-
tee, or commission established by law shall not be deducted from his 
vacation period. 
"(b) In determining when a judge shall take a vacation, and the 
length thereof, the chief judge exercising authority under this section 
shall be mindful of the necessity of retaining sufficient judicial man-
power in the court under his supervision to permit at all times the 
prompt and effective disposition of the business of such court. 
"SUBCHAPTER II.—THE DISTRICT OF COLUMBIA COM-
MISSION ON JUDICIAL DISABILITIES AND TENURE 
"§ 11-1521. Establishment of Commission 
"There shall be a District of Columbia Commission on Judicial 
Disabilities and Tenure (hereafter in this subchapter referred to as 
the 'Commission'). The Commission shall have power to suspend, re-
tire, or remove a judge of a District of Columbia court, as provided 
in this subchapter. 
* § 11-1522. Membership 
"(a) The Commission shall consist of five members appointed as 
follows: 
"(1) The President of the United States shall appoint three 
members of the Commission. Of the members appomted by the 
President— 
"(A) at least one member must be a member of the Dis-
trict of Columbia bar who has been actively engaged in the 
practice of law in the. District of Columbia for at least five 
of the ten years immediately before his appointment; and 
" (B) at least two members must be residents of the District 
of Columbia. 
"(2) the Commissioner of the District of Columbia shall ap-
point one member of the Commission. The member appointed 
by the Commissioner must be a resident of the District of Colum-
bia and not an attorney. 
"(3) The chief judge of the United States District Court for 
the District of Columbia shall appoint one member of the Com-
mission. The member appointed by the chief judge shall be an 
active or retired Federal judge serving in the District of 
Columbia. 
The President shall designate as Chairman of the Commission one 
of his appointees who is a member of the District of Columbia bar 
who has been actively engaged in the practice of law in the District 
of Columbia for at least five of the ten years before the member's 
appointment. 
"(b) There shall be three alternate members of the Commission, 
who shall serve as members pursuant to rules adopted by the Commis-
sion. The alternate members shall be appointed as follows: 
"(1) The President shall appoint one alternate member, who 
shall be a resident of the District of Columbia and a member of 
the bar of the District of Columbia who has been actively engaged 
in the practice of law in the District of Columbia for at least five 
of the ten years immediately before his appointment. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
493 
"(2) The Commissioner shall appoint one alternate member 
who shall be a resident of the District of Cohimbia and not an 
attorney. 
"(3) The chief judgje of the United States District Court for 
the District of Columbia shall appoint one alternate member who 
shall be an active or retired Federal judge serving in the District 
of Columbia. 
"(c) No member or alternate member of the Commission shall be 
a member, officer, or employee of the legislative branch or of an exec-
utive or military department of the United States Government (listed 
in section 101 or 102 of title 5, United States Code); and no member 
^o stat. 378, 
or alternate member (other than a member or alternate member ap-
pointed by the chief judge of the United States District Court for the 
District of Columbia) shall be an officer or employee of the judi-
cial branch of the United States Government. No member or alter-
nate member of the Commission shall be an officer or employee of the 
District of Columbia government (including its judicial branch). 
"§ 11-1523. Terms of office; vacancy; continuation of service by a 
member 
"(a)(1) Except as provided in paragraph (2), the term of office 
of members and alternate members of the Commission shall be six 
years. 
"(2) Of the members and alternate members first appointed to the 
Commission— 
"(A) one member and alternate member appointed by the 
President shall be appointed for a term of six years, one member 
appointed by the President shall be appointed for a term of four 
years, and one such member shall be appointed for a term of two 
years, as designated by the President at the time of appointment; 
"(B) the member and alternate member appointed by the chief 
judge of the United States District Court for the District of Co-
lumbia shall be appointed for a term of four years; and 
"(C) the member and alternate member appointed by the Com-
missioner of the District of Columbia shall be appointed for a 
term of two years. 
"(b) A member or alternate member appointed to fill a vacancy 
occurring before the expiration of the term of his predecessor shall 
serve only for the remainder of that term. Any vacancy on the Com-
mission shall be filled in the same manner as the original appointment 
was made. 
" (c) If approved by the Commission, a member may serve after the 
expiration of his term for purposes of participating until conclusion 
in a matter, relating to the suspension, retirement, or removal of a 
judge, begun before the expiration of his term. A member's successor 
may be appointed without regard to the member's continuation in 
service, but his successor may not participate in the matter for which 
the member's continuation in service was approved. 
"§ 11-1524. Compensation 
"Any member or alternate member who is an active or retired Fed-
eral judge or an officer or employee of the United States shall serve 
Avithout compensation. Other members or alternate members shall re-
ceive the daily equivalent of the rate provided for GS-18 of the Gen-
eral Schedule when actually engaged in service for the Commission. 
'*"'®' ^' ^^^-i* 
"§ 11-1525. Operations; personnel; administrative services 
"(a) The Commission may make such rules and regulations for its 
operations as it may deem necessary, and such rules and regulations 
shall be effective on the date specified by the Commission. The Dis-
trict of Columbia Administrative Procedure Act, (D.C. Code, sees. 
494 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
82 Stat. 1203. 
1-1501 to 1510) sliall be applicable to the Commission only as pro-
vided by this subsection. For the purposes of the publication of rules 
and regulations, judicial notice, and the filing and compilation of 
rules, sections 5, 7', and 8 of that Act (D.C. Code, sees. 1-1504, 1-1506, 
and 1-1507), insofar as consistent with this subchapter, shall be ap-
plicable to the Commission; and for purposes of those sections, the 
Commission shall be deemed an independent agency as defined in sec-
tion 3(5) of that Act (D.C. Code, sec. 1-1502). Nothing contained 
herein shall be construed to require prior public notice and hearings 
on the subject of rules adopted by the Commission. 
"(b) The Commission is authorized, without regard to the pro-
visions governing appointment and claEsification of District of Colum-
bia employees, to appoint and fix the compensation of, or to contract 
for, such officers, assistants, reporters, counsel, and other persons as 
may be necessary for the performance of its duties. It is authorized to 
obtain the services of medical and other experts in accordance with the 
80 Stat. 416. 
provisions of section 8109 of title 5, United States Code, but at rates 
not to exceed the daily equivalent of the rate provided for ( T S - 1 8 of 
Ante, p. 198-1. ^j^g General Schedule. 
"(c) The District of Columbia is authorized to detail, on a reim-
bursable basis, any of its personnel to assist in carrying out the duties 
of the Commission. 
"(d) Financial and administrative services (including those re-
lated to budgeting and accounting, financial reporting, personnel, and 
procurement) shall be provided to the Commission by the District of 
Columbia, for which payment shall be made in advance, or by reim-
bursement, from funds of the Commission in such amounts as may be 
agreed upon by the Chairman of the Commission and the District of 
Columbia government. Regulations of the District of Columbia for 
the administrative control of funds shall apply to funds appropriated 
to the Commission. 
"§ 11-1526. Removal; involuntary retirement; proceedings 
"(a) (I) A judge of a District of Columbia court shall be removed 
from office upon the filing in the District of Columbia Court of Ap-
peals by the Commission of an order of removal certifying the entry, 
in any court within the United States, of a final judgment of convic-
tion of a crime which is punishable as a felony under Federal law or 
which would be a felon}^ iti the District of Columbia. 
" (2) A judge of a District of Columbia court shall also be removed 
from office upon affirmance of an appeal from an order of removal 
filed in the District of Columbia Court of Appeals by the Commission 
(or upon expiration of the time within which such an appeal may be 
taken) after a determination by the Commission of— 
" (A) willful misconduct in office, 
"(B) willful and persistent failure to perform judicial duties, 
or 
"(C) any other conduct which is prejudicial to the administra-
tion of justice or which brings the judicial office into disrepute. 
" (b) A judge of a District of Columbia court shall be involuntarily 
retired from office when (1) the Commission determines that the judge 
suffers from a mental or physical disability (including habitual in-
temperance) w^hich is or is likely to become permanent and which 
prevents, or seriously interferes with, the proper performance of his 
judicial duties, and (2) the Commission files in the District of Colum-
bia Court of Appeals an order of involuntary retirement and the 
order is affirmed on appeal or the time within which an appeal may 
be taken from the order has expired. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
495 
"(c)(1) A judge of a District of Columbia court sliall be sus-
pended, without salary— 
"(A) upon— 
"(i) proof of his conviction of a crime referred to in sub-
section (a) (1) which has not become final, or 
"(ii) the filing of an order of removal under subsection 
(a) (2) which has not become final; and 
"(B) upon the filing by the Commission of an order of sus-
pension in the District of Columbia Court of Appeals. 
Suspension under this paragraph shall continue until termination of 
all appeals. If the conviction is reversed or the order of removal is 
set aside, the judge shall be reinstated and shall recover his salary and 
all rights and privileges of his office. 
"(2) A judge of a District of Columbia court shall be suspended 
from all judicial duties, with such retirement salary as he may be 
entitled to pursuant to subchapter I I I of this chapter, upon the filing 
by the Commission of an order of involuntary retirement under sub-
section (b) in the District of Columbia Court of Appeals. Suspension 
shall continue until termination of all appeals. If the order of invol-
untary retirement is set aside, the judge shall be reinstated and shall 
rscover his judicial salary less any retirement salary received and shall 
be entitled to all the rights and privileges of his office. 
"(3) A judge of a District of Columbia court shall be suspended 
from all or part of his judicial duties, with salary, if the Commission, 
upon the concurrence of three members, (A) orders a hearing for the 
removal or retirement of the judge pursuant to this subchapter and 
determines that his suspension is in the interest of the administration 
of justice, and (B) files an order of suspension in the District of 
Columbia Court of Appeals. The suspension shall terminate as speci-
fied in the order (which may be modified, as appropriate, by the Com-
mission) but in no event later than the termination of all appeals. 
"§ 11-1527. Procedures 
"(a) (1) On its own initiative, or upon complaint or report of any 
person, formal or informal, the Commission may undertake an investi-
gation of the conduct or hen,lth of any judge. After such investigation 
as it deems adequate, the Commission may terminate the investigation 
or it may order a hearing concerning the health or conduct of the 
judge. No order affecting the tenure of a judge based on grounds for 
removal set forth in section 11-1526(a) (2) or 11-1530(b) (3) shall be 
made except after a hearing as provided by this subchapter. Nothing 
in this subchapter shall preclude any informal contacts with the judge, 
or the chief judge of his court, by the Commission, whether before or 
after a hearing is ordered, to discuss any matter related to its 
investigation. 
" (2) A judge whose conduct or health is to be the subject of a hear-
ing by the Commission shall be given notice of such hearing and of the 
nature of the matters under inquiry not less than thirty days before 
the date on which the hearing is to be held. He shall be admitted to 
such hearing and to every subsequent hearing regarding his conduct 
or health. He may be represented by counsel, offer evidence in his own 
behalf, and confront and cross-examine witnesses against him. 
"(3) Within ninety days after the adjournment of hearings, the 
Commission shall make findings of fact and a determination regard-
ing the conduct or health of a judge who was the subject of the hear-
ing. The concurrence of at least four members shall he required for a 
determination of grounds for removal or retirement. Upon a deter-
496 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
niination of grounds for removal or retirement, the Commission shall 
file an appropriate order pursuant to subsection (a) or (b) of sec-
tion 11-1526. On or before the date the order is filed, the Commission 
shall notify the judge, the chief judge of his court, and the President 
of the United States. 
"(b) The Commission shall keep a record of any hearing on tlie 
conduct or health of a judge and one copy of such record shall be pro-
vided to the judge at the expense of the Commission. 
"(c) (1) In the conduct of investigations and hearings under this 
section the Commission may administer oaths, order and otherwise 
provide for the inspection of books and records, and issue subpenas 
for attendance of witnesses and the production of papers, books, ac-
counts, documents, and testimony relevant to any such investigation 
or hearing. It may order a judge whose health is in issue to submit to 
a medical examination by a duly licensed physician designated by the 
(Commission. 
"(2) Whenever a witness before the Commission refuses, on the 
l)asis of his privilege against self-incrimination, to testify or produce 
books, papers, documents, records, recordings, or other materials, and 
the Commission determines that the testimony or production of evi-
dence is necessary to the conduct of its proceedings, it may order the 
witness to testify or produce the evidence. The Commission may issue 
tlie order no earlier than ten days after the day on which it served the 
Attorney General with notice of its intention to issue the order. The 
witness may not refuse to comply with the order on the basis of his 
privilege against self-incrimination, but no testimony or other infor-
mation compelled under the order (or any information directly or in-
directly derived from the testimony or production of evidence) may 
be used against the witness in any criminal case, nor may it be used 
as a basis for subjecting the witness to any penalty or forfeiture con-
trary to constitutional right or privilege. No witness shall be exempt 
under this subsection from prosecution for perjury committed while 
giving testimony or producing evidence under compulsion as provided 
in this subsection. 
" (3) If any person refuses to attend, testify, or produce any writing 
or things required by a subpena issued by the Commission, the Com-
mission may petition the United States district court for the district 
in which the person may be found for an order compelling him to 
attend and testify or produce the writings or things required by sub-
I>ena. The court shall order the person to appear before it at a speci-
fied time and place and then and there shall consider why he has not 
attended, testified, or produced writings or things as required. A copy 
of the order shall be served upon him. If it appears to the court that 
the subpena was regularly issued, the court shall order the person tc 
appear before the Commission at the time or place fixed in the order 
and to testify or produce the required writings or things. Failure to 
obey the order shall be punishable as contempt of court. 
"(4) In pending investigations or proceedings before it, the Com-
inission may order the deposition of any person to be taken in such 
form and subject to such limitation as may be prescribed in the order. 
The Commission may file in the Superior Court a petition, stating 
generally, without identifying the judge, the nature of the pending 
matter, the name and residence of the person whose testimony is de-
sired, and directions, if any, of the Commission requesting an order 
requiring the person to appear and testify before a designated officer. 
Upon the filing of the petition the Superior Court may order the per-
son to appear and testify. A subpena for such deposition shall be is-
sued by the clerk of the Superior Court and the deposition shall bo 
taken and returned in the manner prescribed by law for civil actions. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
497 
"(d) It shall be the duty of the United States marshals upon the 
request of the Commission to serve process and to execute all lawful 
orders of the Commission. 
"(e) Each witness, other than an officer or employee of the United 
States or the District of Columbia, shall receive for his attendance 
the same fees, and all witnesses shall receive the allowances, prescribed 
by section 15-714 for witnesses in civil cases. The amount shall be paid 
^°«'' P- 554, 
by the Commission from funds appropriated to it. 
"§11-1528. Privilege; confidentiality 
"(a) The filing of papers with and the giving of testimony before 
the Commission shall be privileged. I^nless otherwise authorized by 
the judge whose conduct or health is the subject of the proceedings 
under this subchapter, the hearings before the (^onmiission, the record 
thereof, and all papers filed in connection with such hearings shall 
be confidential. But on prosecution of a witness for perjury or on 
review of a decision of the Commission, the record of hearings before 
the (Commission and all papers filed in connection therewith shall be 
disclosed to the extent required for the prosecution or review. 
"(b) If the Commission determines that no grounds for removal 
or involuntary retirement exist it shall notify the judge and inquire 
whether he desires the Commission to make available to the public 
information pertaining to the nature of its investigation, its hearings, 
findings, determinations, or any other fact related to its proceedings 
I'egarding his health or conduct. I'pon receipt of such request in writ-
ing from the judge, the Commission shall make such information 
available to the public. 
"§ 11-1529. Judicial review 
"(a) A judge aggrieved by an order of removal or retirement filed 
by the Commissicm pursuant to subsection (a) or (b) of section 
11-1526 may seek judicial review thereof by filing notice of appeal 
with the Chief Justice of the United States. Xotice of appeal shall 
be filed witliin 80 days of the filing of the order of the Commission 
in the District of Columbia Court of Appeals. 
"(b) X^pon receipt of notice of appeal from an order of the Com-
mission, the Chief Justice shall convene a special court consisting of 
three Federal judges designated from among active or retired judges 
of the Ignited States Court of Appeals for the District of Columbia 
Circuit and the United States District Court for the District of 
Columbia. 
"(c) The special court shall review the order of the Connnission 
appealed from and, to the extent necessary to decision and when 
pi'esented, shall decide all relevant questions of law and interpret 
constitutional and statutory provisions. Within 90 days after oral 
ai'gument or submission on the briefs if oral argument is waived, the 
special court shall affirm or reverse the order of the (Commission or 
remand the matter to the Commis-sion for further proceedings. 
"(d) The special court shall hold unlawful and set aside a Com-
mission order or determination found to be— 
"(1) arbitrary, capricious, an abuse of discretion, or otherwise 
not in accordance with law; 
"(2) contrary to constitutional right, power, privilege, or ini-
nnmity; 
"(3) in excess of statutory jurisdiction, authority, or limita-
tions, or short of statutory right; 
"(4) without observance of procedure required by law; or 
"(5) unsupported by substantial evidence. 
In making the foregoing determinations, the special court shall re\iew 
498 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
the whole record or those parts of it cited by the judge or the Com-
mission, and shall take due account of the rule of prejudicial error. 
"(e) As appropriate and to the extent consistent with this chapter, 
28 use app. 
^Y\e Federal Rules of Appellate Procedure governing appeals in civil 
cases shall apply to appeals taken under this section. 
"(f) Decisions of the special court shall be final and conclusive. 
*'§ 11-1530. Financial statements 
"(a) Pursuant to such rules as the Commission shall promulgate, 
each judge of the District of Columbia courts shall, within one year 
following the date of enactment of the District of Columbia Court 
Reorganization Act of 1970 and at least annually thereafter, file 
with the Commission the following reports of his personal financial 
interests: 
"(1) A report of his income and his spouse's income for the period 
covered by the report, the sources thereof, and the amount and nature 
of the income received from each such source. 
"(2) The name and address of each private foundation or eleemos-
ynary institution, and of each business or professional corporation, 
firm, or enterprise in which he was an officer, director, proprietor, or 
partner during such period; 
"(3) The identity of each liability of $5,000 or more owed by him 
or by him and his spouse jointly at any time during such period. 
"(4) The source and value of all gifts in the aggregate amount or 
value of $50 or more from any single source received by him during 
such period, except gifts from his spouse or any of his children or 
parents. 
"(5) The identity of each trust in which he held a beneficial interest 
having a value of $10,000 or more at any time during such period, 
and in the case of any trust in which he held any beneficial in-
terest during such period, the identity, if known, of each interest in 
real or personal property in w^hich the trust held a beneficial in-
terest having a value of $10,000 or more at any time during such 
period. If he cannot obtain the identity of the trust interest, he shall 
request the trustee to report tliat information to the Commission in 
such manner as the Commission shall by rule prescribe. 
"(6) The identity of each interest in real or personal property hav-
ing a value of $10,000 or more which he owned at any time during 
such period. 
"(7) The amount or value and source of each honorarium of $300 
or more received by him during such period. 
"(8) The source and amount of all money, other than that received 
from the United States Government, received in the form of an 
expense account or as reimbursement for expenditures during such 
period. 
"(b)(1) Except as provided in paragraph (2) of this subsection, 
the content of any report filed under this section shall not be open 
to inspection by anyone other than (A) the person filing the report, 
(B) authorized members, alternate members, or staff of the Com-
mission to determine if this section has been complied with or in con-
nection with duties of the Commission under this subchapter, or (C) a 
special court convened under section 11-1529 to review a removal 
order of the Commission. 
"(2) Reports filed pursuant to paragraphs (2) and (7) of sub-
section (a) shall be made available for public inspection and copy-
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
499 
ing promptly after filing and during the period they are kept by the 
Commission, and shall be kept by the Commission for not less than 
three years. 
"(3) The intentional failure by a judge of a District of Columbia 
court to file a report required by this section, or the filing of a fraud-
ulent report, shall constitute willful misconduct in office and shall 
be grounds for removal from office under section 11-1526 (a) (2). 
"SUBCHAPTER III.—RETIREMENT 
"§ 11-1561. Definitions 
"For purposes of this subchapter— 
"(1) The term 'judge' means any judge of the District of Co-
lumbia Court of Appeals or the Superior Court or any person 
with judicial service as described in paragraph (2) of this section. 
"(2) The term 'judicial service' means service as a judge in 
the District of Columbia Court of Appeals, the Superior Court, 
or the former Juvenile Court of the District of Columbia, Dis-
trict of Columbia Tax Court, police court, municipal court, Mu-
nicipal Court of Appeals, or District of Columbia Court of 
General Sessions. 
"(3) The terms 'retire' and 'retirement' include retirement, 
resignation, or failure to be recommissioned or reappointed upon 
the expiration of a commission. 
"(4) The term 'fund' means the District of Columbia Judicial 
Retirement and Survivors Annuity Fund as provided in section 
11-1570. 
"(5) The term 'widow' means a surviving wife of a judge who 
has either (A) been married to the judge for at least two years 
preceding his death or (B) is the mother of issue by the marriage 
and has not remarried. 
"(6) The term 'widower' means a surviving husband of a judge 
who has either (A) been married to the juage for at least two 
years preceding her death or (B) is the father of issue by the 
marriage and has not remarried. 
"(7) The term 'Commissioner' means the Commissioner of the 
District of Columbia. 
"(8) The term 'child' means— 
"(A) an unmarried child under eighteen years of age, in-
cluding (i) an adopted child, and (ii) a stepchild or recog-
nized natural child who lived with the judge in a regular 
parent-child relationship; 
"(B) such unmarried child regardless of age who is in-
capable of self-support because of mental or physical dis-
ability incurred before age eighteen; or 
"(C) such unmarried child between eighteen and twenty-
two years of age who is a student regularly pursuing a full-
time course of study or training in residence in a high school, 
trade school, technical or vocational institute, junior college, 
college, university or comparable recognized educational in-
stitution. For the purpose of this paragraph, a child whose 
twenty-second birthday occurs before July 1 or after August 
31 of a calendar year, and while he is regularly pursuing 
such a course of study or training, is deemed to have become 
twenty-two years of age on the first day of July after that 
birthday. A child who is a student is deemed not to have 
ceased to be a student during an interim between school years 
if the interim is not more than five months and if he shows 
500 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
to the satisfaction of the Commissioner that lie has a bona 
fide intention of continuing to pursue a course of study or 
training in the same or dilferent school during the school 
semester (or other period into which the school year is 
divided) immediately after the interim. 
"(9) The term 'lump-sum credit for retirement' means the un-
refunded amount consisting of— 
"(A) retirement deductions made from the basic salary of 
a judge; 
" (B) amounts deposited covering earlier judicial and non-
judicial service; and 
" (C) interest on the deductions and deposits at 4 per centum 
a year to December 31, 1947, and 3 per centum a year there-
after compounded annually to December 31, 1956, or, in the 
case of a judge separated or transferred to a position not 
within the purview of this section before he has completed 
five years of service, to the date of the separation or transfer; 
but the term 'lump-smn credit for retirement" does not include 
interest— 
"(i) if the service covered thereby aggregates one year or 
less; or 
" (ii) for the fractional part of a month in the total service. 
"(10) The term 'lump-sum credit for survivor annuity' means 
the unrefunded amount consisting of— 
"(A) survivor annuity deductions made from the salary 
of a judge; 
'' (B) amounts deposited for survivor annuity covering ear-
lier jvidicial and nonjudicial service; and 
"(C) interest on the deductions and deposits at 4 per centum 
a year to December 31, 1947, and 3 per centum a year there-
after compounded aimually to December 31, 1956, or, in the 
case of a judge separated or transferred to a position not 
within the purview of this section before he has completed 
five years of service, to the date of the separation or transfer; 
but the term 'lump-sum credit for survivor annuity' does not in-
clude interest— 
"(i) if the service covered thereby aggregates one year or 
less; or 
" (ii) for the fractional part of a month in the total service. 
"§ 11-1562. Eligibility for retirement 
"(a) A judge is eligible for retirement under this subchapter when 
he has completed ten years of judicial service, whether continuous or 
not, or upon mandatory retirement as provided in section 11-1502. 
"(b) The retirement salary of a judge who retires shall commence 
as follows: 
" (1) With twenty or more years of judicial service, at age fifty. 
"(2) With less than twenty years of judicial service, at age 
sixty, unless he elects to receive a reduced salary beginning at age 
fifty-five or at the date of retirement if subsequent to that age. 
"(c) A judge with five years or more of judicial service, including 
civilian service performed by the judge which is creditable under see-
so Stat. 567. 
tion 8332 of title 5, LTnited States Code, may voluntarily retire for a 
mental or physical disability which is or is likely to become permanent 
and which prevents, or seriously interferes with, the proper perform-
ance of iudicial duties. Such disability shall be established by furnish-
ing to the Commissioner a certificate of disability signed by a duly 
licensed physician, approved by the Surgeon General of the LTnited 
States, and containing such information and conclusions as the Com-
missioner by regulation may require consistent with this subsection. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
501 
"(d) Eligibility for retirement salary of a judge involuntarily re-
tired for disability under section 11-1526 (b) shall not be conditioned 
upon prior service. 
"§11-1563. Withholding 
of 
retirement 
payments; 
lump-sum 
credit 
"(a) There shall be deducted and withheld from the basic salary of 
each judge appointed after October 31,1964, and each judge appointed 
before November 1,1964, who has elected to come within the provisions 
of this subchapter an amount equal to 31^ per centum of his basic 
salary. Amounts so deducted and withheld shall be deposited in the 
fund in accordance with procedures established by the Commissioner. 
Each judge subject to this section shall be deemed to consent and agree 
to such deductions from basic salary, and payment less such deduc-
tions shall constitute a full and complete discharge and acquittance of 
all claims and demands whatsoever for all regular service during the 
period covered by such payment, except the right to the benefits to 
which he shall be entitled under this subsection, notwithstanding any 
law, rule, or regulation affecting the judge's salary. 
"(b) If he has not previously so deposited, each judge subject to this 
section shall deposit in the fund, with interest at 4 per centum per an-
num to December 31, 1947, and 3 per centum per annum thereafter, 
compounded on December 31 of each year, a sum equal to 31^ per cen-
tum of his basic salary received for judicial service performed by him 
as a judge prior to the date he became subject to the District of Colum-
bia judges Retirement Act of 1964. Each.judge may elect to make such 
78 stat. loss. 
deposits in installments during the continuance of his judicial service 
in such amounts as may be determined in each instance by the Commis-
sioner. Notwithstanding the failure of any judge to make such deposits, 
credit shall be allowed for the service rendered but the retirement pay 
for such judge shall be reduced by 10 per centum of such deposit re-
maining unpaid unless the judge shall elect to eliminate the service 
involved for purposes of retirement salary computation, except as pro-
vided in section 11-1564 (d). 
"(c) If any judge who is subject to this section is removed, resigns, 
or fails to be recommissioned or reappointed, he is entitled to be paid 
his lump-sum credit for retirement if application for payment is filed 
with the Commissioner at least thirty-one days before the commencing 
date of any retirement salary for which he is eligible. The receipt of 
tin Inmp-sum credit for retirement by the judge voids all retirement 
salary rights under this subchapter, until he is reemployed in judicial 
service subject to this subchapter. 
"(d) If a judge who has not elected to bring himself within the sur-
vivor annuity provisions of this subchapter dies while in regular ac-
tive service, the lump-sum credit for retirement shall be paid, upon the 
establishment of a valid claim therefor, to the person or persons sur-
viving him in the order of precedence established in section 11-1569 (b). 
Such payments shall be a bar to recovery by any other person. 
"§ 11-1564. Computation of retirement salary; election to credit 
other service 
"(a) The retirement salary of a judge who retires pursuant to sec-
tion 11-1562 (a) and (b) shall be paid annually in equal monthly in-
stallments during the remainder of his life and shall bear the same 
ratio to his basic salary immediately prior to the date of his retire-
ment as the total of his aggregate years of service bears to the period 
of thirty years. A judge who elects to receive a reduced retirement sal-
ary pursuant to section ll-1562(b) (2) shall have his retirement salary 
reduced by one-twelfth of 1 per centum for each month or fraction of 
a month he is under the age of sixty at the time of the commencement 
502 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
of his reduced retirement salary. In no event shall the retirement sal-
ary (including the amount provided by subsection (c) of this section) 
of a judge exceed 80 per centum of his basic salary immediately prior 
to the date of his retirement. 
" (b) The retirement salary of a judge retired for disability pursuant 
to section 11-1526 (b) or section 11-1562 (c) or (d) shall be paid annu-
ally in equal monthly installments during the remainder of his life 
and shall be computed as provided in subsection (a). If a judge is 
retired for disability, his retirement salary shall not be reduced be-
cause of his age at the time of retirement. In ho event shall the retire-
ment salary of a judge retired for disability be less than 50 per centum 
or exceed 80 per centum of his basic salary immediately prior to the 
date of his retirement. 
"(c) In computing the retirement salary of a judge retiring under 
section 11-1562, the judge shall be entitled, if he so elects during the 
continuance of his judicial service or at the time of his retirement, to 
receive, in addition to the amount provided for in subsection (a) of 
this section, an amount (payable annually in equal monthly install-
ments during the remainder of his life) based on military and civilian 
service performed by the judge which is creditable under section 8332 
si^stftf^zur' 
^^ ^^^^^ ^' United States Code, computed in accordance with section 
83 Stat! 831*. 
8339 (a), (b), (c), (d), (g), and (h) of that title, as applicable, sub-
83 Stat. 137. 
j^ct to the provisious of section 8334 (c) and (d) of that title and the 
provisions of subsection (d) of this section; except that average pay 
for the purpose of the computation shall be deemed to be the basic 
salary of the judge immediately prior to the date of his retirement 
under section 11-1562. 
"(d) (1) The crediting of service with respect to any judge under 
subsection (c) of this section shall be made on the standard basis of 
a deposit in the sum equal to 3i/^ per centum of his basic salary, pay, 
or compensation for civilian service creditable under section 8332 
of title 5, United States Code, with interest as provided in paragraph 
(2) of this subsection. 
"(2) Interest on deposits under this subsection is computed from 
the midpoint of each service period included in the computation to 
the date of deposit or the commencing date of the retirement salary 
of the judge, whichever date is the earlier. Interest is computed at the 
rate oi 4 per centum a year to December 31, 1947, and 3 per centum 
a year thereafter, compounded annually. Interest may not be charged 
for a period of separation from the service which began before Octo-
ber 31,1956. 
"(3) Deposit under this subsection may not be required for— 
" (A) service before August 1,1920; 
"(B) military service; or 
"(C) service for the Panama Railroad Company before Jan-
uary 1,1924. 
"(4) If a judge elects to be credited with service under subsection 
(c) of this section, his lump-sum credit, or any remaining balance 
thereof, in the Civil Service Retirement and Disability Fund or in the 
retirement fund of any other retirement system for civilian employees 
of the Government of the United States or the District of Columbia, 
shall be transferred to the District of Columbia Judicial Retirement 
and Survivors Annuity Fund. The judge shall be deemed to consent to 
the transfer. The transfer shall be a complete discharge and acquit-
tance of all claims and demands against the retirement system from 
which the funds were transferred on account of the service so credited. 
"(5) A judge whose lump-sum credit is transferred to the fund un-
der paragraph (4) of this subsection is not required to make deposits 
in addition to the amount transferred for periods of service for which 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
503 
full contributions were made to the retirement system from which 
the transfer was made. 
"(6) In the case of a judge whose lump-sum credit has been trans-
ferred to the fund under paragraph (4) of this subsection and who has 
not elected a survivor annuity under section 11-1566, or prior cor-
responding provision of law, the Commissioner shall refund to the 
judge any amount which the Commissioner determines to be in excess 
of the amount of the deposit required by this subsection. In the case of 
a judge whose lump-sum credit has been transferred to the fund under 
paragraph (4) of this subsection and who, prior to the effective date 
of this section, had elected a survivor annuity and made deposits to 
the fund for survivor annuity purposes, the Commissioner shall re-
fund to the judge any amount which the Commissioner determines 
in excess of the amount of the deposit required by section 11-1567. 
"(7) If any civilian service performed by the judge which is credit-
able under section 8832 of title 5, United States Code, is not covered gj^sjl*^*:!^^'' 
by the amount of the lump-sum credit transferred under paragraph gs stat! 831! 
(4) of this subsection, the judge may make deposit, on the standard 
basis prescribed by paragraph (1) of this subsection, with interest as 
provided in paragraph (2) of this subsection, in accordance with and 
subject to the applicable provisions of section 8334 (c) and (d) of that 
title, of the amount or amounts necessary for him to receive full credit 
^^ ^
*
^
*
* ^^'^' 
for that service for the purposes of subsection (c) of this section. The 
deposit may be made, as the judge may elect, in installments, during the 
continuance of his judicial service, in such amounts as the Commis-
sipner may determine in each instance, or in a lump sum prior to or 
at the time of his retirement under section 11-1562. A judge electing 
to make installment deposits shall not be given full credit for the 
service until the total required deposit is made. 
"(8) For the purpose of survivor annuity, deposits authorized by 
this subsection also may be made by the survivor of a judge. 
"(e) Nothing in this subchapter shall prevent a judge eligible there-
for from simultaneously receiving his retirement salary under this 
section and any annuity or retired pay to which he would otherwise 
be entitled under any other law without regard to this subchapter. 
However, in computing the retirement salary of a judge under this 
section, service used in the computation of such other annuity shall not 
be credited. 
"§ 11-1565. Service by retired judges 
"Any retired judge performing full-time judicial duties on the Dis-
trict of Columbia Court of Appeals or the Superior Court shall be 
entitled, during the period for which he serves, to receive the salary 
of the office in which he performs such duties, but there shall be 
deducted from such salary an amount equal to his retirement salary 
for that period. No deduction shall be withheld for health benefits. 
Federal employees' life insurance, or retirement purposes from the 
salary paid to a retired judge during judicial service. The performance 
of such judicial service shall not create an additional retirement, 
change a retirement, or create or in any manner affect a survivor 
annuity. 
"§ Ll-1566. Survivor annuity; election; relinquishment 
"(a) Any judge, whether or not subject to sections 11-1562 to 11-
1565, may, lay written election filed with the Commissioner within six 
months after the date on w^hich he takes office or is reappointed or re-
commissioned, or w^ithin six months after he marries, bring himself 
within the survivor annuity provisions of this subchapter. 
"(b) Any judge in regular active service or any retired judge, who 
shall have elected survivor annuity, and who after that election is un-
married and does not have a dependent child, may elect— 
47-348 O - 72 - 36 (Pt. 1) 
504 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"(1) to terminate the deductions and withholdings from his 
salary under section 11-1567 (a) and any installment payments 
elected to be made under section 11-1567(b) ; and 
"(2) to have paid to him the lump-sum credit for survivor 
annuity. 
Any election under this subsection shall be made in writing and filed 
with the Commissioner. 
"(c) If any judge who shall have elected survivor annuity resigns 
from office otherwise than under the provisions of this subchapter or is 
removed, he shall be entitled to be paid the lump-sum credit for sur-
vivor annuity. 
"(d) Payment of the lump-sum credit for survivor annuity as pro-
vided in this section shall extinguish all claims with respect to sur-
vivor annuity. 
"§ 11--1567. Survivor annuity; payments to fund 
"(a) There shall be deducted and withheld from the salary 
(whether basic or retirement) of each judge who has elected survivor 
annuity a sum equal to 3 per centum of that salary. The amounts so 
deducted and withheld shall, in accordance with such procedures as 
may be prescribed by the Commissioner, be deposited in the fund. 
Every judge who elects survivor annuity shall be deemed thereby to 
consent and agree to the deductions from his salary as provided in this 
subsection, and payment less such deductions shall constitute a full 
and complete discharge and acquittance of all claims and demands 
whatever for all judicial services rendered by such judge during the 
period covered by such payment, except the right to the benefits to 
which he or his survivors shall be entitled under the survivor annuity 
provisions of this subchapter. 
"(b) If he has not previously so deposited, each judge who has 
elected survivor annuity shall deposit to the fund, with interest at 
4 per centum per annum to December 31, 1947, and 3 per centum per 
annum thereafter, compounded on December 31 of each year, a sum 
equal to 3 per centum of his salary received for judicial service and of 
retirement salary (but excluding salary for judicial service under sec-
tion 11-1565); and a sum equal to 3 per centum of his basic salary, 
pay, or compensation for civilian service creditable under section 8332 
8i*stat^2*i4^^' 
^^ *^*^^ ^' United States Code, with interest as j)rovided in section I l -
ea Stat! 83i! 
1564(d). Except to the extent that the Commissioner has made refund 
to the judge under section 11-1564(d) (6), deposit is not required 
with respect to that portion of the service of the judge covered by the 
transfer, under section 11-1564(d) (4), of his lump-sum credit to the 
fund. In addition, deposit may not be required for the types of service 
described in section 11-1564(d) (3). Each judge may elect to make de-
posits under this subsection in installments during the continuance of 
his judicial service in such amounts as may be determined in each in-
stance by the Commissioner. Deposits under this subsection also may 
be made by the survivor of a judge. 
"(c) If a judge or survivor fails to make such deposits, credit shall 
be allowed for the service, but the annuity of the widow or widower of 
such judge shall be reduced by an amount equal to 10 per centum of 
the deposit required by this section, computed as of the date of the 
death of the judge, unless the widow or widower elects to eliminate 
the service not covered by deposit entirely from credit for compu-
tation purposes except as provided in section 11-1564(d) (3). 
*
*
§ 11-1568. Survivor annuity; entitlement; computation 
" (a) The service of a judge for the purpose of computing a survivor 
annuity includes his judicial service (and retired service for which 
deductions are made) and, subject to section 8334(d) of title 5, United 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
505 
States Code, his military and civilian service which is creditable under 
so stat. 570. 
section 8332 of that title. 
a 1 stat. 214; 
"(b) Nothing in this subchapter shall prevent a widow or wddower ss stat. 831. 
eligible therefor from simultaneously receiving a survivor annuity 
under this subchapter and any other annuity (survivor or otherw^ise) 
or retired pay to which he or she would otherwise be entitled under 
any other law without regard to this subchapter. However, in comput-
ing the survivor annuity of that widow or widower under this sub-
chapter, service used in the computation of such other annuity shall 
not be credited. 
"(c) If a judge who has elected a survivor annuity dies in regular 
active service or after having retired from such service with at least 
five years of allowable service under this section for which payments 
have been withheld or deposits made, the survivor annuity shall be 
paid as follows: 
"(1) If the judge is survived by a widow or widower but no 
child, the widow or widower shall receive, beginning on the day 
after the judge dies, an amount computed as provided in sub-
section (e). 
"(2) If the judge is survived by a widow or widower and one 
or more children— 
"(A) the widow or widower shall receive an immediate 
annuity in the amount computed as provided in subsection 
(e); and 
"(B) there also shall be paid to or on behalf of each such 
child an immediate annuity equal to one-half the amount 
of the annuity of such widow or widower, but not to exceed 
the lesser of (i) $2,700 per year divided by the number of 
such children or (ii) $900 per child per year. 
"(3) If the judge leaves no surviving widow or widower but 
leaves a surviving child or children, there shall be paid to or on 
behalf of each such child an immediate annuity equal to the 
amount of the annuity to which the widow or widower would have 
been entitled under paragraph (1) of this subsection had he or she 
survived, but not to exceed the lesser of (A) $3,240 per year di-
vided by the number of children or (B) $1,080 per child per year. 
An annuity payable to a widow or widower under this section shall be 
terminable upon death or remarriage. The annuity payable to a child 
shall be terminable upon his death or marriage or his ceasing to be a 
child as defined in section 11-1561(8). In case of the death of a widow 
or widower of a judge leaving a child or children of the judge sur-
viving, the annuity of such child or children shall be recomputed and 
paid as provided in paragraph (3) of this subsection. In any case in 
which the annuity of a child is terminated, the annuities of any re-
maining child or children, based upon the service of the same judge, 
shall be recomputed and paid as though the child whose annuity was 
terminated had not survived the judge. 
"(d) Questions of disability or other eligibility requirements of a 
child under this section shall be determined by the Commissioner who 
may order such medical or other examinations at any time as he deems 
necessary with respect to determining the facts concerning the dis-
ability of a child receiving or applying for an annuity under this sub-
chapter. An annuity may be denied or suspended for failure to submit 
to examination. 
"(e) The annuity of a widow or widower of a judge electing sur-
vivor annuity shall be an amount equal to the sum of— 
"(1) 11/4 per centum of the average annual salary received for 
service allowable under subsection (a) during the last three years 
of such service prior to death or retirement multiplied by the sum 
506 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
of his years of judicial service and his Member, congressional 
emjiloyee, and his military service allowable under subsection 
(a) ; and 
"(2) three-fourths of 1 per centum of such average annual 
salary multiplied by his years of all other civilian service allow-
able under subsection (a). 
A survivor annuity shall not exceed 44 per centum of the average 
annual salary described in paragraph (1) of this subsection and shall 
be subject to reduction as provided in section 11-1567 (c). 
"§ 11-1569. Survivor annuity; payment; order of precedence 
"(a) Survivor annuities shall accrue monthly and shall be due and 
payable in monthly installments on the first business day of the month 
following the month or other period for which the annuity shall have 
accrued. 
"(b) In any case in which— 
"(1) a judge who has elected survivor annuity shall die (A) 
while in regular active service after having rendered five years 
of allowable service as provided in section 11-1568 (a) or while 
receiving retirement salary under this subchapter but without a 
survivor or survivors entitled to annuity under section 11-1568 (c) 
or (B) while in regular active service but before having rendered 
five years of allowable service; or 
"(2) the right of all persons entitled to an annuity under sec-
tion 11-1568(c) based on the service of the judge shall terminate 
before a valid claim therefor shall have been established; 
the lump-sum credit shall be paid, upon the establishment of a valid 
claim therefor, to the person or persons surviving at the date title to 
the payment arises, in the following order of precedence, and such 
payment shall be a bar to recovery by any other person: 
"First, to the beneficiary or beneficiaries whom the judge may 
have designated in writing to the Commissioner prior to the 
judge's death; 
"Second, if there be no such beneficiary, to the widow or 
widower of the judge; 
"Third, if none of the above, to the child or children of the 
judge and the descendants of any deceased children by repre-
sentation ; 
"Fourth, if none of the above, to the parents of the judge or 
the survivor of them; 
"Fifth, if none of the above, to the duly appointed executor or 
administrator of the estate of such judge; 
"Sixth, if none of the above, to such other next of kin of the 
judge as may be determined by the Commissioner to be entitled 
under the law^s of the domicile of the judge at the time of his 
death. 
Determination as to the widow, widower, or child of a judge for pur-
poses of this subsection shall be made by the Commissioner without 
regard to the definitions in section 11-1561. 
"(c) In any case in which the annuities of all persons entitled to 
annuity based upon the service of a judge shall terminate before the 
aggregate amount of annuity paid (together with any amounts re-
ceived by the judge as retirement salary) equals the total amount 
credited to the individual account of the judge, with interest at 4 per 
centum per annum to December 31,1947, and 3 per centum per annum 
thereafter, compounded on December 31 of each year, to the date of 
the death of such judge, the difference shall be paid upon establish-
ment of a valid claim therefor, in the order of precedence prescribed 
in subsection (b). 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
507 
"(d) Any accrued annuity remaining unpaid upon the termina-
tion (other than by reason of death) of the annuity of any person 
based upon the service of a judge shall be paid to such person. Any 
accrued annuity remaining unpaid upon the death of any person re-
ceiving an annuity based upon the service of a judge shall be paid, 
upon establishment of a valid claim therefor, in the following order 
01 precedence: 
"First, to the duly appointed executor or administrator of the 
estate of the annuitant; 
"Second, if there is no such executor or administrator, payment 
may be made, after the expiration of thirty days from the date 
of death of the annuitant, to such person or persons as may appear 
in the judgment of the Commissioner to be legally entitled there-
to, and such payments shall be a bar to recovery by any other 
person. 
"(e) Where any payment under sections 11-1566 to 11-1569 is to 
be made to a minor or to a person mentally incompetent or under 
other legal disability adjudged by a court of competent jurisdiction, 
such payment may be made to the person who is constituted guardian 
or other fiduciary by the law of the jurisdiction wherein the claimant 
resides or is otherwise legally vested with the care of the claimant or 
his estate. Where no guardian or other fiduciary of the person under 
legal disability has been appointed under the law^s of the jurisdiction 
wherein the claimant resides, payment may be made to any person 
who, in the judgment of the Commissioner, is responsible for the care 
of the claimant, and the payment bars recovery by any other person. 
"§ 11-1570. Retirement and annuity fund 
"(a) The District of Columbia Judicial Retirement and Survivors 
Annuity Fund is hereby continued in the Treasury and appropriated 
for the payment of retirement salaries, annuities, refunds, and allow-
ances as provided in this subchapter. If at any time the balance of 
the fund is insufficient to pay current obligations arising under this 
subchapter, there is authorized to be appropriated to the fund, out 
of any moneys in the Treasury of the United States to the credit of 
the District of Columbia not otherwise appropriated, such amounts 
as may be necessary to pay current obligations. The Secretary of the 
Treasury shall prepare the estimates of the annual appropriations 
required to be made to the fund, and shall make actuarial evaluations 
of the fund at intervals of five years or more if deemed necessary by 
the Secretary. 
"(b) The Secretary shall invest, from time to time, in interest-bear-
ing securities of the United States or Federal farm loan bonds, any 
portions of such funds as in his judgment may not be immediately 
reqi'ired for payments from the fund and the income derived from 
such investments shall constitute a part of the fund. 
"(c) All amounts deposited by, or deducted and withheld from the 
salary of, any judge for credit to the fund shall, under regulations 
prescribed by the Commissioner, be credited to an individual account 
of the judge. 
"(d) None of the moneys mentioned in this subchapter shall be as-
signable, either in law- or in equity, or be subject to execution, levy, 
attachment, garnishment, or other legal process. 
"§ 11-1571. Periodic increases; existing rights 
" (a) The retirement salary of any judge, or the annuity of any per-
son based upon the service of a judge, who, on the effective date of 
any increase w^hich, after the effective date of this section, becomes 
payable under the provisions of section 8840(b) of title 5, United 
508 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
83^stat^\* ^^^'' 
States Code, is receiving such salary or annuity (1) under the pro-
visions of this subchapter, or (2) under the provisions of section 11-
1701, as in effect prior to the effective date of this section, and its 
predecessor laws, shall be increased on the effective date of the in-
crease by a percentage equal to the percentage of such increase under 
section 8340 of title 5, United States Code. 
"(b) Nothing in this subchapter shall defeat or diminish rights 
acquired under section 11-1701, as in effect prior to the effective date 
of this section, and its predecessor laws, except on the election and with 
the consent of the judge, annuitant, or other person affected. 
"Chapter 17.—ADMINISTRATION OF DISTRICT OF 
COLUMBIA COURTS 
" S U B C H A P T E R I. 
COURT 
ADMINISTRATION 
"Sec. 
"11-1701. Administration of District of Columbia court system. 
"11-1702. Responsibilities of chief judges in the respective courts. 
"11-1703. Executive Officer of the District of Columbia courts; appointment; 
compensation. 
"11-1704. Oath and bond of the Executive Officer. 
" S U B C H A P T E R II. 
COURT PERSONNEL 
"11-1721. Clerks of courts. 
"11-1722. Director of Social Services. 
"11-1723. Fiscal Officer. 
"11-1724. Auditor-Master. 
"11-1725. Appointment of nonjudicial personnel. 
"11-1726. Compensation. 
"11-1727. Court reporters. 
"11-1728. Recruitment and training of personnel. 
"11-1729. Service of United States marshal. 
"11-1730. Reports of court personnel. 
"11-1731. Reports of other personnel. 
"SUBCHAPTER III.—DUTIES AND RESPONSIBILITIES 
"11-1741. Court operations and organization. 
"11-1742. Property and disbursement. 
"11-1743. Annual budget. 
"11-1744. Information .and liaison services. 
"11-1745. Reports and records. 
"11-1746. Certification of copies of papers or documents filed in District of 
Columbia courts. 
"11-1747. Delegation of authority. 
"SUBCHAPTER I.—COURT ADMINISTRATION 
"§ 11-1701. Administration of District of Columbia court system 
"(a) There shall be a Joint Committee on Judicial Administration 
in the District of Columbia (hereafter in this chapter referred to as 
the 'Joint Committee') consisting of (1) the Chief Judge of the Dis-
trict of Columbia Court of Appeals, who shall serve as Chairman, (2) 
an associate judge of that court elected annually by the judges thereof, 
(8) the Chief Judge of the Superior Court, and (4) two associate 
judges of that court elected annually by the judges thereof. 
"(b) The Joint Committee shall have responsibility within the 
District of Columbia court system for the following matters: 
"(1) General personnel policies, including those for recruit-
ment, removal, compensation, and training. 
4 
"(2) Accounts and auditing. 
'3) Procurement and disbursement. 
^4) Submission of the annual budget requests of the District 
belln'oi Columbia Court of Appeals and the Superior Court to the 
Commissioner of the District of Columbia as the integrated 
^o aijJj " n 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
509 
budget of the District of Columbia court system, except that such 
requests may be modified upon the concurrence of four of the 
five members of the Joint Committee. 
"(5) Approval of the bonds of fiduciary employees within the 
District of Columbia court system. 
"(6) Formulation and enforcement of standards for outside 
activities of and receipt of compensation by the judges of the 
District of Columbia court system. 
"(Y) Development and coordination of statistical and manage-
ment information systems and reports supporting the annual 
report of the District of Columbia court system. 
"(8) Liaison between the District of Columbia court system 
and the court systems of other jurisdictions, including the Judi-
cial Conference of the United States, the Judicial Conference of 
the District of Columbia Circuit, and the Federal Judicial Center. 
"(9) With the concurrence of the respective chief judges of 
the District of Columbia courts, other policies and practices of 
the District of Columbia court system and resolution of other 
matters which may be of joint and mutual concern of the District 
of Columbia Court of Appeals and the Superior Court. 
"(c) The Joint Committee, with the assistance of the Executive 
Officer of the District of Columbia courts, shall— 
" (1) consider and evaluate the business of the courts and means 
of improving the administration of justice within the District of 
Columbia court system and shall report thereon in its annual 
report; 
"(2) prepare and publish an annual report of the District of 
Columbia court system regarding the work of the courts, the per-
formance of the duties enumerated in this chapter, and of any 
recommendations relating to the courts; 
"(3) recommend from time to time to the Congress changes in 
the organization, jurisdiction, operation, and procedures of the 
courts which are appropriate for legislative action, and institute 
such changes, pursuant to the responsibilities enumerated in sub-
section (b), in the methods of administering judicial business in 
the court system as would improve the administration of justice; 
and 
" (4) arrange for such training seminars, and other related serv-
ices, as are desirable and feasible for judges and other court per-
sonnel, including services from the Federal Judicial Center on a 
reimbursable basis. 
"(d) The Joint Committee shall have authority to issue all orders 
and directives necessary to implement the responsibilities and duties 
enumerated in this section. 
"§11-1702. Responsibilities of chief judges in the respective 
courts 
" (a) The Chief Judge of the District of Columbia Court of Appeals, 
in addition to the authority conferred on him by chapter 7 of this title, 
^"^^' P* '*^^' 
shall supervise the internal administration of that court— 
" (1) including all administrative matters other than those with-
in the responsibility enumerated in section 11-1701 (b), and 
510 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"(2) including the implementation in that court of the matters 
enumerated in section 11-1701 (b), 
consistent with the general policies and directives of the Joint Com-
mittee. 
"(b) The Chief Judge of the Superior Court, in addition to the au-
Ante, p. 482. 
thoritj Conferred on him by chapter 9 of this title, shall supervise the 
internal administration of that court^— 
" (1) including all administrative matters other than those with-
in the responsibility enumerated in section 11-1701 (b), and 
" (2) including the implementation in that court of the matters 
enumerated in section 11-1701 (b), 
consistent with the general policies and directives of the Joint Com-
mittee. 
"§ 11-1703. Executive Officer of the District of Columbia courts; 
appointment; compensation 
"(a) There shall be an Executive Officer of the District of Colum-
bia courts (hereafter in this chapter referred to as the 'Executive 
Officer'). He shall be responsible for the administration of the District 
of Columbia court system subject to the supervision of the Joint 
Committee and the chief judges of the respective courts as provided 
in this chapter. He shall be subject to the supervision of the Joint Com-
mittee regarding administrative matters that are enumerated in sec-
tion 11-1701 (b). He shall be subject to the supervision of the chief 
judges in their respective courts: (1) regarding all administrative 
matters other than those within the responsibility enumerated in sec-
tion 11-1701 (b), and (2) regarding the implementation in the respec-
tive courts of the matters enumerated in section 11-1701 (b), consistent 
with the general policies and directives of the Joint Committee. 
"(b) The Executive Officer shall be selected by, and subject to re-
moval by, the Joint Committee with the concurrence of the respective 
chief judges. Pie shall be selected from a list of at least three qualified 
person'^, submitted by the Director of the Administrative Office of the 
United States Courts. 
"(c) The Executive Officer shall receive the same compensation as 
an associate judge of the Superior Court. 
"§ 11-1704. Oath and bond of the Executive Officer 
"(a) The Executive Officer shall take an oath or affirmation for the 
faithful and impartial discharge of the duties of his office. 
"(b) The Executive Officer shall give bond, with two or more sure-
ties, to be approved by the Joint Committee, in an amount prescribed 
by the Joint Committee, faithfully to discharge the duties of his 
office. 
"SUBCHAPTER I I . - C O U R T PERSONNEL 
"§11-172L Clerks of courts 
"The District of Columbia Court of Appeals and the Superior Court 
shall each have a clerk who shall perform such duties as may be 
assigned to him. 
"§ 11-1722. Director of Social Services 
"(a) There shall be a Director of Social Services in the Superior 
Court who shall have charge of all social services for the Superior 
Court, subject to the supervision of the Executive Officer. AVith respect 
to adults, he shall provide probation services, intake procedures, 
marital and family counseling, social casework, rehabilitation and 
training programs, and such other services as the court shall prescribe. 
With respect to juveniles, he shall provide intake procedures, counsel-
ing, e:luca<^ion and training programs, probation services, and such 
other services as the court shall prescribe. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
511 
"(b) To the maximum extent feasible, the Director shall coordinate 
with and utilize the services of appropriate public and private agen-
cies within the District of Columbia, and shall coordinate and provide 
administrative services to volunteers utilized by the Superior Court 
or any divisions thereof. 
"(c) As directed by the Executive Officer, the Director shall con-
duct studies and make reports relating to the utilization of social 
services as an adjunct to the Superior Court. 
"(d) The Director shall make recommendations with respect to the 
consolidation or disposition of causes before the court relating to mem-
ber's of the same family or household. 
"§ 11-1723. Fiscal Officer 
"(a) (1) There shall be a Fiscal Officer in the District of Columbia 
court system who shall be responsible for the budget of the court 
system and for the accounts of the courts, subject to the supervision of 
the Executive Officer. 
"(2) The Fiscal Officer shall receive, safeguard, and account for all 
fees, costs, payments, and deposits of money or other items, and shall 
be responsiole for depositing in the Treasury of the United States 
all fines, forfeitures, fees, unclaimed deposits, and other moneys. 
"(3) The Fiscal Officer shall be responsible for the approval of 
vouchers and the internal auditing of the accounts of the courts and 
shall arrange for an annual independent audit of the accounts of the 
courts by the District of Columbia government. 
"(b) The Fiscal Officer shall give bond with two or more sureties, to 
be approved by the Joint Committee, in an amount prescribed by the 
Joint Committee, faithfully to discharge the duties of his office. 
"§ 11-1724. Auditor-Master 
"There shall be an Auditor-Master of the Superior Court who 
shall (1) audit and state fiduciary accounts, (2) execute orders of 
reference referred by the Superior Court and perform duties in con-
nection with the execution of such orders in accordance with Rule 53 
of the Federal Eules of Civil Procedure or other applicable rule, 
and (3) perform such other functions as may be assigned by the Su-
perior Court. The Auditor-Master shall give bond faithfully to dis-
charge the duties of his office. The bond shall have two or more sureties, 
to bs approved by the chief judge of the Superior Court, and shall be 
in an amount prescribed by him. 
"§ 11-1725. Appointment of nonjudicial personnel 
" (a) Subject to the approval of the Joint Committee, the Executive 
Officer shall appoint, and may remove, the Fiscal Officer, and such 
other personnel whose principal function is to perform duties for both 
District of Columbia courts. 
"(b) The Executive Officer shall appoint, and may remove, the 
Director of Social Services, the clerks of the courts, the Auditor-
MasteT', and all otlier nonjudicial personnel for the courts (other 
than the Register of Wills and personal law clerks and secretaries of 
the judges) as may be necessary, subject to— 
"(1) regulations approved by the Joint Committee; and 
"(2) the approval of the chief judge of the court to which the 
personnel are or will be assigned. 
Appointments and removals of court personnel shall not be subject to 
the laws, rules, and limitations applicable to District of Columbia 
employees, except as otherwise specified in the District of Columbia 
Court Reorganization Act of 1970. 
"§11-1726. Compensation 
"In the case of nonjudicial employees of the District of Columbia 
courts whose compensation is not otherwise fixed by this title, the 
512 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
Executive Officer shall fix the rates of compensation of such employees 
without regard to chapter 51 and subchapter I I I of chapter 53 of 
s^us^c'sioi'^^^' *
^
^
^
® ^' United States Code, and such rates shall not exceed the maxi-
5331. 
' 
mum rate prescribed for GS-15 of the General Schedule, except that 
Ante, p. 198-1. 
I\IQ Executivc Officer may fix the rates of compensation of— 
"(1) 5 positions at not to exceed the maximum rate prescribed 
: for GS-16 of the General Schedule; and 
"(2) 2 positions at not to exceed the maximum rate prescribed 
for GS-17. 
In fixing the rates of nonjudicial employees under this section, the 
Executive Officer shall be guided by the rates of compensation fixed 
for other employees in the executive and judicial branches of the 
Federal and District of Columbia Governments occupying the same 
or similar positions or occupying positions of similar responsibility, 
duty, and difficulty. 
"§11-1727. Court reporters 
"(a) The Executive Officer shall appoint reporters who shall be 
full-time employees of the courts. When necessary, the Executive Offi-
cer may contract for additional temporary reporting services. Nothing 
in this section shall be construed to preclude the Superior Court of 
the District of Columbia from providing by rule for the sound record-
ing of proceedings in lieu of mechanical (audio or manual) transcrip-
tion in any branch, division or courtroom of the court. Court report-
ers shall, in addition to being subject to the general supervision of the 
Executive Officer, be subject to the supervision of the chief judges of 
the courts and of the other District of Columbia judges for whom 
they perform services, regarding the performance of their duties in 
the respective courts. 
"(b) In addition to their annual salaries, court reporters may charge 
and collect from parties, including the United States and the District 
of Columbia, who request transcripts of the original records of pro-
ceedings, only such fees as may be prescribed from time to time by 
the Executive Officer. Tlie reporters shall furnish all supplies at their 
own expense. The Executive Officer shall prescribe such rules, prac-
tice, and procedure pertaining to fees for transcripts as he deems nec-
essary, conforming as nearly as practicable to the rules, practice, and 
procedure established for the LTnited States District Court for the Dis-
trict of (^olumbia. A fee may not be charged or taxed for a copy of a 
transcript delivered to a judge at his request or for copies of a trans-
script delivered to the clerk of a court for the records of the court. 
Except as to transcripts that are to be paid for by the United States 
or the District of Columbia, the reporters may require a party re-
questing a transcript to prepay the estimated fee therefor in advance 
of delivery of the transcript. 
"§ 11-1728. Recruitment and training of personnel 
"The Executive Officer shall be responsible for recruiting such quali-
fied personnel as may be necessary for the District of Columbia courts 
and for providing in-service training for court personnel. 
"§11-1729. Service of United States marshal 
"The United States Marshal for the District of Columbia shall con-
tinue to serve the courts of the District of Columbia, subject to the 
supervision of the Attorney General of the United States. 
"§ 11-1730. Reports of court personnel 
" (a) Judges of the courts shall furnish time and attendance records 
Ante, pp. 480, 
pursuaut to sectious 11-709 and 11-909 to the respective chief judges, 
'**^* 
with a copy to the Executive Officer. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
513 
"(b) All nonjudicial personnel of the courts shall furnish such re-
ports and information to the Executive Officer as he shall request. 
"§ 11-1731. Reports of other personnel 
"The Executive Officer or the chief judge may request such reports 
as may be necessary to the efficient administration of the courts from— 
"(1) the United States Attorney for the District of Columbia, 
"(2) the Corporation Counsel, 
" (3) the United States Marshal for the District of Columbia, 
" (4) the Commissioner of the District of Columbia, 
"(5) the superintendent of any hospitals or institutions to 
which persons have been committed by the Superior Court, 
"(6) the District of Columbia Public Defender Service, 
" (7) the District of Columbia Bail Agency, 
"(8) the District of Columbia Department of Corrections, 
"(9) the Chief of the Metropolitan Police Department, 
"(10) the District of Columbia Department of Public Health, 
and 
"(11) the District of Columbia Department of Public Welfare. 
These officials, agencies, and departments shall furnish such reports 
and information as may be requested pursuant to this section. 
"SUBCHAPTER IIL—DUTIES AND RESPONSIBILITIES 
"§ 11-1741. Court operations and organization 
"Within the respective District of Columbia courts, and subject to 
Hie supervision of the chief judges thereof, the Executive Officer 
shall— 
"(1) supervise, analyze, and improve case assignments, calen-
dars, and dockets; 
"(2) provide improved services and introduce new methods to 
better utilize the time of and accommodate government and other 
witnesses; 
" (3) supervise, analyze, and improve the management of jurors; 
"(4) recommend changes and improvements in court rules and 
jirocedures affecting his administrative responsibilities; 
"(5) report periodically to the appropriate chief judge with 
respect to case volumes, backlogs, length of time cases have been 
pending, number and identity of incarcerated defendants await-
ing trial, and such other information as the respective chief judges 
may request; 
"(6) mechanize and computerize court operations and services 
where feasible and desirable and carry on continuing studies and 
evaluations of increased and innovative uses of mechanization 
and computerization; 
"(7) conduct studies and research with respect to court opera-
tions on his own initiative or on request of the respective chief 
judges; 
"(8) make recommendations to the chief judge of the Superior 
Court relating to the arrangement and division of the business 
of that court and the fixing of the time of sessions of the various 
divisions and branches of that court; and 
"(9) perform such other duties as may be assigned to him by 
a chief judge. 
"§ 11-1742. Property and disbursement 
" (a) The Executive Officer shall be responsible, subject to the super-
vision of the Joint Committee, for the management of such buildings 
and space as mav be assigned to the courts and shall maintain liaison 
514 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
with the appropriate Federal and District of Columbia officials with 
respect thereto. 
"(b) The Executive Officer shall be responsible for the procurement 
of necessary equipment, supplies, and services for the courts and shall 
have power, subject to applicable law, to reimburse the District of 
Columbia government for services provided and to contract for such 
equipment, supplies, and services as may be necessary. 
"(c) The Executive Officer shall serve as disbursing officer and pay-
roll officer of the District of Columbia courts and shall assign and 
distribute necessary equipment and supplies, 
"§ 11-1743. Annual budget 
"(a) The Joint Committee shall prepare and submit to the Com-
missioner of the District of Columbia annual estimates of the expendi-
tures and appropriations necessary for the maintenance and operations 
of the District of Columbia court system. 
"(b) All such estimates shall be forwarded to the Bureau of the 
Budget by the District of Columbia without revision, but subject to 
the recommendations of the District of Columbia. Similarly, all esti-
mates shall be included in the budget without revision by the President 
but subject to his recommendations. 
"§ 11-1744. Information and liaison services 
"The Executive Officer shall be responsible for— 
"(1) collecting and compiling statistical information with re-
spect to the volume and disposition of the work of the courts and 
the personnel of the courts; 
" (2) printing and the distribution of court rules; 
"(3) keeping the courts advised of pending legislative and ex-
ecutive actions relating to the courts; 
" (4) serving as the public information officer of the courts; and 
"(5) performing such other duties as may be assigned to him 
by the Joint Committee and the chief judges in their respective 
courts. 
"§ 11-1745. Reports and records 
"(a) The Executive Officer shall prepare and publish, subject to 
the approval of the Joint Committee, the annual report of the District 
of Columbia court system of the work of the courts and their opera-
tions during the preceding year together with any recommendations 
relating to the courts. The principal purpose of the annual report shall 
be to provide meaningful and objective information concerning the 
performance, progress, and problems of the District of Columbia 
courts. The report shall include narrative comments analyzing the 
significance of statistical data and shall show trends with regard to 
the work of such courts, current data on the age and type of pending 
cases, and methods of disposition of cases. Nothing in this chapter shall 
prevent the respective chief judges from preparing and publishing 
any other reports as they may wish. 
"(b) The Executive Officer shall be responsible for maintaining 
and safeguarding the records of the courts. Except for those records 
required by law to be kept under court seal, he shall make the records 
available at all reasonable times to— 
" (1) the United States Department of Justice, 
"(2) the Commissioner of the District of Columbia, 
"(8) the District of Columbia Commission on Judicial Dis-
abilities and Tenure, and 
"(4) such other agencies as tlie Joint (^ommittee may specify. 
84 STAT.] 
PUBLIC LAW 91-358-JULY 29, 1970 
515 
"§ 11-1746. Certification of copies of papers or documents filed in 
District of Columbia courts 
"The Executive Officer shall provide that, if any person filing any 
paper or document in a District of Columbia court requests a certifica-
tion of such filing, a copy of such paper or document provided by such 
person shall be appropriately marked for such person to show the 
time and date of such filing and the identity of the individual with 
whom such paper or document was filed. Such certified copy shall be 
prima facie evidence in any proceeding that the original of such paper 
or document was filed as shown by the certification. 
"§ 11-1747. Delegation of authority 
"The Executive Officer and court officers appointed by him may 
delegate to their subordinates authority and responsibility to perform 
the functions vested in them by law\ 
"Chapter 19.—JURIES AND JURORS 
"Sec. 
"11-1901. Qualifications of jurors. 
"11-1902. Single jury selection system. 
"11-1903. Grand jury ; additional grand jury. 
"11-1904. Assignment of jury panels. 
"11-1905. Length of service. 
"11-1906. Fees of jurors. 
*
*
§ 11-1901. Qualifications of jurors 
"Jurors serving wdthin the District of Columbia shall have the same 
qualifications as provided for jurors in the Federal courts. 
"§ 11-1902. Single jury selection system 
"There shall be a single system in the District of Columbia for the 
selection of jurors for both Federal and District of Columbia courts. 
The selection system shall be that prescribed by Federal law and ex-
ecuted in accordance therewith as provided by the United States Dis-
trict Court for the District of Columbia. 
"§ 11-1903. Grand jury; additional grand jury 
"(a) A grand jury serving in the District of Columbia may take 
cognizance of all matters brought before it regardless of whether an 
indictment is returnable in the Federal or District of Columbia courts. 
"(b) If the United States Attorney for the District of Columbia 
certifies in writing to the chief judge of the United States District 
Court for the District of Columbia, or the chief judge of the Superior 
Court, that the exigencies of the public service require it, the judge 
may, in his discretion, order an additional grand jury summoned, 
which shall be drawn at such time as he designates. Unless sooner dis-
charged by order of the judge, the additional grand jury shall serve 
until the end of the term for which it is drawn. 
"§ 11-1904. Assignment of jury panels 
"The names of persons to serve as jurors in the United States Dis-
trict Court for the District of Columbia and the Superior Court shall 
be drawn from time to time as may be required, and such persons shall 
be assigned to jury panels within those courts as the courts may 
decide. 
"§ 11-1905. Length of service 
"Petit jurors summoned for service in the District of Columbia 
shall serve for such period of time and at such sessions as the particu-
lar court shall direct, but, unless actually engaged as a trial ]uror in 
a particular case, may not be required to serve in the court for more 
than thirty days in any two-year period. 
516 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"§11-1906. Fees of jurors 
"Jurors serving in the Superior Court shall receive the same fees 
as jurors serving in the United States District Court for the District 
of Columbia. 
"Chapter 21.—REGISTER OF WILLS 
"Sec. 
"11-2101. Continuation of office. 
"11-2102. Appointment; oath; bond ; qualifications ; compensation. 
"11-2103. Services as clerk. 
"11-2104. Powers and duties; restrictions; penalties. 
"11-2105. Deputies and other employees. 
"11-2106. Accounts. 
"§ 11-2101. Continuation of office 
"The Office of the Register of Wills shall continue as an office in the 
Probate Division of the Superior Court. 
"§11-2102. Appointment; oath; bond; qualifications; compensa-
tion 
"(a) The Superior Court shall appoint and remove the Register of 
Wills. The Register of Wills shall— 
"(1) take an oath for the faithful and impartial discharge of 
the duties of his office; and 
"(2) give bond, with two or more sureties, to be approved by 
the chief judge of the Superior Court, in the amount designated 
by the court, faithfully to discharge the duties of his office, and 
seasonably to record (A) the decrees and orders of the court in any 
matters over which the court exercises probate jurisdiction or 
powers, (B) all wills proved before him or the court, and (C) all 
other matters directed to be recorded in the court or in his office. 
The bond shall be entered in full upon the minutes of the Superior 
Court and the original filed with the records of the Superior Court. 
"(b) A person may not be appointed the Register of Wills for the 
District of Columbia unless he— 
" (1) is a citizen of the United States; 
"(2) has been a member of the bar of the District of Columbia 
for a period of at least five of the ten years immediately before his 
appointment; and 
"(3) has been actively engaged in the practice of probate law 
in the District of Columbia or otherwise has broad experience in, 
or knowledge on the subject of, the administration of the estates 
of deceased persons in the District of Columbia. 
"(c) The compensation of the Register of Wills shall be fixed by 
the Superior Court without regard to chapter 51 and subchapter III 
^^80 Stat. 443, 
of chapter 53 of title 5 of the United States Code but at a rate not to 
5 use 5101, 
exceed the maximum rate prescribed for GS-16 of the General 
^^A^: 
,00 1 
Schedule. 
Ante, p. 198-1. 
"§ 11-2103. Services as clerk 
"With respect to the Probate Division of the Superior Court, the 
Register of Wills shall perform such duties as clerk as the chief judge 
of the Superior Court may assign. 
"§ 11-2104. Powers and duties; restrictions; penalties 
" (a) The Register of Wills may— 
"(1) receive inventories and accounts of sales, examine vouch-
ers, and state accounts of executors, administrators, collectors, and 
guardians, subject to final approval of the court; 
"(2) take the probate of claims against the estates of deceased 
persons that are properly brought before him, and approve or 
reject claims not exceeding $300; and 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
517 
"(3) take the probate of wills and accept the bonds of execu-
tors, administrators, collectors, and guardians, subject to approval 
of the court. 
"(b) In matters over which the Superior Court has probate juris-
diction or powers, the Register of Wills shall— 
" (1) make full and fair entries, in separate records, of the pro-
ceedings of the court; 
" (2) make fair record in strong bound books of all wills proved 
before him or the court, keeping separate books for wills within 
the jurisdiction of the court; 
"(3) make fair and separate record of other matters required 
by law to be recorded in the court; 
"(4) lodge in places of safety, designated by the court, original 
papers filed with him; 
"(5) make out and issue every summons, process, and order of 
the court; 
" (6) make fair and uniform tables of his fees, and post them in 
a conspicuous place in his office for the inspection of persons hav-
ing business therein; 
" (7) prepare and submit to the Executive Officer of the District 
of Columbia courts such reports as may be required; and 
" (8) in every respect, act under the control and direction of the 
court. 
"(c) The Register of Wills may not— 
"(1) practice law in any court of the District of Columbia or 
of the United States; or 
"(2) demand or receive any fee, gratuity, gift, or reward for 
giving his advice in any matter relating to his office. 
"(d) The Register of Wills shall forfeit to the court the sum of 
$50 for each day that the tables referred to in subsection (b) (6) are 
missing through his neglect, which may be recovered as other debts 
for the same amount are recoverable. 
"(e) If the Register of Wills or a person acting for him takes a 
greater fee than the fee provided for by law, he shall pay the party 
injured $100, which may be recovered as other debts for the same 
amount are recoverable. 
"§ 11-2105. Deputies and other employees 
"The Executive Officer of the District of Columbia courts shall ap-
point and remove such personnel as may be needed by the Register 
of Wills, pursuant to chapter 17 of this title. 
^"'e, p. sos. 
"§ 11-2106. Accounts 
"All fees, costs, and other moneys, except uncollected fees not re-
quired by law to be prepaid, collected by the Register of Wills with 
respect to matters within the jurisdiction of the Superior Court shall 
be turned over to the Fiscal Officer of the District of Columbia courts. 
"Chapter 23.—MEDICAL EXAMINER 
"Sec. 
"11-2301. Medical Examiner; Deputies; appointment, qualifications, and com-
pensation. 
"11-2302. Supporting services and facilities. 
•'11-2303. Former duties of coroner ; oaths ; teaching. 
"11-2304. Deaths to be Investigated; notification and investigation of deaths. 
"11-2305. Possession of evidence and property. 
"11-2306. Further investigation; autopsy. 
"11-2307. Autopsy by pathologist other than medical examiner. 
"11-2308. Delivery of body; expenses. 
"11-2309. Records; reports ; fees for other services. 
"11-2310. Records as evidence. 
"11-2311. Autopsies performed under court order 
"11-2312. Tis.sue tran.splants. 
518 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"§11-2301. Medical Examiner; Deputies; appointment, qualifica-
tions, and compensation 
"(a) The Commissioner of the District of Columbia shall designate 
or appoint a Chief Medical Examiner and such Deputy Medical 
Examiners for the District of Columbia as may be necessary. 
"(b) The Chief Medical Examiner and his deputies shall be physi-
cians licensed in the District of Columbia. The Chief Medical Ex-
aminer and at least one deputy shall be certified in anatomic pathology 
by the American Board of Pathology or be board eligible. They may 
be designated from among physicians practicing in the District of Co-
lumbia Department of Public Health. 
"(c) The Commissioner shall fix the compensation of the Chief 
Medical Examiner and his deputies at a rate or rates not in excess of 
the per diem equivalent of the rate for GS-18 of the General Schedule 
Ante. p. 198-1. 
coutalncd iu section 5332 of title 5 of the United States Code. 
"§ 11-2302. Supporting services and facilities 
"The Commissioner shall furnish or make available such investiga-
tive, technical, and clerical personnel, facilities, and equipment as the 
medical examiners shall require, or he may arrange or contract for such 
services, equipment, and facilities with the United States Government 
or universities and hospitals in the District of Columbia. 
"§ 11-2303. Former duties of coroner; oaths; teaching 
"(a) The Chief Medical Examiner shall be responsible for all the 
medical functions formerly performed by the coroner in the District 
of Columbia, consistent with the provisions of this chapter, and the 
Chief Medical Examiner and his deputies may administer oaths and 
affirmations and take affidavits in connection with the performance of 
their duties. 
"(b) The Chief Medical Examiner and his deputies may be author-
ized by the Commissioner of the District of Columbia to teach medical 
and law school classes, to conduct special classes for law enforcement 
personnel, and to engage in other activities related to their work. 
"§ 11-2304. Deaths to be investigated; notification and investiga-
tion of deaths 
" (a) Under regulations established by the Chief Medical Examiner, 
the following types of human deaths occurring in the District of 
Columbia shall be investigated: 
"(1) Violent deaths, whether apparently homicidal, suicidal, 
or accidental, including deaths due to thermal, chemical, electrical, 
or radiational injurj, and deaths due to criminal abortion, wheth-
er apparently self-induced or not. 
"(2) Sudden deaths not caused by readily recognizable disease. 
"(3) Deaths under suspicious circumstances. 
"(4) Deaths of persons whose bodies are to be cremated, dis-
sected, buried at sea, or otherwise disposed of so as to be there-
after unavailable for examination. 
"(5) Deaths related to disease resulting from employment or 
to accident while employed. 
"(6) Deaths related to disease which might constitute a threat 
to public health. 
"(b) All law enforcement officers, physicians, undertakers, embalm-
ers and other persons shall promptly notify a medical examiner of 
the occurrence of all deaths coming to their attention which are subject 
to investigation under subsection (a) of this section and shall assist 
in making dead bodies and related evidence available to the medical 
examiner for investigation and autopsy. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
519 
"(c) Any physician, undertaker, or embalmer who willfully fails 
to comply with this section shall be guilty of a misdemeanor and upon 
conviction shall be fined not less than $100 nor more than $1,000. 
"(d) The Chief Medical Examiner shall by regulation prescribe 
procedures for taking possession of a body following a death subject 
to investigation under subsection (a) of this section and for obtaining 
all essential facts concerning the medical causes of death and the names 
and addresses of as many witnesses as it is practicable to obtain. 
*'§ 11-2305. Possession of evidence and property 
"(a) At the scene of any death subject to investigation under sec-
tion 11-2804, a law enforcement officer or the medical examiner shall 
take possession of any objects or articles useful in establishing the 
cause of death and shall hold them as evidence. 
"(b) In the absence of the next of kin, a police officer or the medical 
examiner may take possession of all property of value found on or in 
the custody of the deceased. If possession is taken of the property, the 
police officer or medical examiner shall make an exact inventory of it, 
and deliver the property to the property clerk of the Metropolitan 
Police Department. 
"§ 11-2306. Further investigation; autopsy 
"(a) If, in the opinion of the medical examine!', the cause of death 
is established with reasonable medical certainty, he shall complete a 
report thereon. 
"(b) If, in the opinion of the Chief Medical Examiner, or the 
ITnited States attorney, further investigation as to the cause of death 
is required or the public interest so requires, a medical examiner shall 
either perform, or arrange for a qualified pathologist to pei'form, an 
autopsy on the body of the deceased. No consent of next of kin shall 
be required for an autopsy performed pursuant to this section. 
"(c) The medical examiner shall make a complete record of the 
findings of the autopsy and his conclusions with respect thereto and 
shall prepare a report, and, upon request, furnish a copy to the appro-
priate law enforcement agency. 
"§ 11-2307. Autopsy by pathologist other than medical examiner 
" (a) If an autopsy is pei-formed by a pathologist other than a medi-
cal examiner by request of a medical examiner, the pathologist shall 
furnish to the medical examiner a complete record of the findings of 
the autopsy and his conclusions with respect thereto. The medical 
examiner shall thereupon prepare a report, indicating the name of the 
pathologist performing the autopsy and his findings and conclusions, 
and the medical examiner's own comments with respect thereto, if ap-
propriate, and, upon request, shall furnish a copy thereof to the appro-
priate law enforcement agency. 
"(b) A pathologist other than a medical examiner who performs an 
autopsy at the request of a medical examiner shall be compensated in 
accordance with a fee rate established by the Commissioner of the 
District of Columbia. 
"§ 11-2308. Delivery of body; expenses 
"(a) Following investigation or autopsy, the medical examiner shall 
release the body of the deceased to the person having the right to the 
body for purposes of burial pursuant to law. If thei-e is no such person, 
he shall dispose of it according to law. 
"(b) Expenses of transportation of a body by a medical examiner 
and of autopsies performed pursuant to this chapter shall be borne by 
the District of Columbia. 
47-348 O - 72 - 37 (Pt. 1) 
520 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"§ 11-2309. Records; reports; fees for other services 
"(a) The Chief Medical Examiner shall be responsible for main-
taining full and complete records and files, properly indexed, giving 
the name, if known, of every person whose death is investigated, the 
place where the body was found, the date, cause, and manner of death, 
and all other relevant information and reports of the medical examiner 
concerning the death, and shall issue a death certificate. 
"(b) The records and files maintained under the provisions of sub-
section (a) of this section shall be open to inspection by the Commis-
sioner of the District of Columbia or his authorized representative, the 
United States attorney and his assistants, the Metropolitan Police 
Department, or any other law enforcement agency or official; and the 
medical examiner shall promptly deliver to such persons copies of all 
records relating to every death as to which further investigation may 
be advisable. 
"(c) Any other person with a legitimate interest may obtain copies 
of records maintained under the provisions of subsection (a) upon 
such conditions and jjayment of such fees as may be prescribed by the 
Chief Medical Examiner. If such person fails to meet the prescribed 
conditions, he may obtain copies of such records pursuant to court 
order if the court is satisfied that he has a legitimate interest. 
"(d) The Chief Medical Examiner shall prepare an annual report 
to the Commissioner of the District of Columbia containing informa-
tion on the number of autopsies performed, statistics as to cause of 
death, and such other relevant information as the Commissioner of 
the District of Columbia sliall require. The report shall be open to in-
spection by the public. The report shall not identify by name deceased 
persons examined. 
"(e) Medical examiners may charge fees, at rates prescribed by the 
Chief Medical Examiner, for completing insurance forms or per-
forming similar services for private parties. 
"§ 11-2310. Records as evidence 
"The records maintained pursuant to section 11-2309, or reproduc-
tions thereof certified by the Chief Medical Examiner, are admissable 
in evidence in any court in the District of Columbia, except that state-
ments made by witnesses or other persons and conclusions upon non-
medical matters are not made admissible by this section. 
"§ 11-2311. Autopsies performed under court order 
"In the case of sudden, violent, or suspicious death when the body 
is buried without investigation, the United States attorney, on his own 
motion or on request of a medical examiner or the Metropolitan Police 
Department, may petition the appropriate court for an order to con-
duct an inquiry. The court may order the body exhumed and an 
autopsy performed. In such cases, records and reports shall be filed as 
if the autopsy were performed prior to burial except that a copy of 
the report shall be furnished directly to the court. 
"§ 11-2312. Tissue transplants 
"The Chief Medical Examiner may allow the removal of tissue pur-
suant to section 9 of the District of Columbia Tissue Bank Act (D.C. 
Pose, p. 579. 
Code, sec. 2-258). 
"Chapter 25.—ATTORNEYS 
"Sec. 
"11-2501. Admission to bar ; regulations ; prior admission. 
"11-2.502. Censure, suspension, or disbarment for cause. 
"11-2503. Disbarment upon conviction of crime; procedure for censure, suspen-
sion or disbarment. 
"11-2504. Censure, suspension, or disbarment by other courts. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
521 
''§11-2501. Admission to bar; regulations; prior admission 
"(a) The District of Columbia Court of Appeals shall make such 
rules as it deems proper respecting the examination, qualification, and 
admission of persons to membership in its bar, and their censure, 
suspension, and expulsion. 
"(b) Members of the bar of the District of Columbia Court of 
Appeals shall be eligible to practice in the District of Columbia courts. 
" (c) Members of the bar of the United States District Court for the 
District of Columbia in good standing on April 1, 1972, shall be auto-
matically enrolled as members of the bar of the District of Columbia 
Court of Appeals, and shall be subject to its disciplinary jurisdiction. 
"§ 11-2502. Censure, suspension, or disbarment for cause 
"The District of Columbia Court of Appeals may censure, suspend 
from practice, or expel a member of its bar for crime, misdemeanor, 
fraud, deceit, malpractice, professional misconduct, or conduct preju-
dicial to the administration of justice. A fraudulent act or misrepre-
sentation by an applicant in connection with this application or 
admission is sufficient cause for the revocation by the court of his 
admission. 
"§ 11-2503. Disbarment upon conviction of crime; procedure for 
censure, suspension, or disbarment 
"(a) When a member of the bar of the District of Columbia Court 
of Appeals is convicted of an offense involving moral turpitude, and 
a certified copy of the conviction is presented to the court, the court 
shall, pending final determination of an appeal from the conviction, 
suspend the member of the bar from practice. Upon reversal of the 
conviction the court may vacate or modify the suspension. If a final 
judgment of conviction is certified to the court, the name of the mem-
ber of the bar so convicted shall be struck from the roll of the members 
of the bar and he shall thereafter cease to be a member. Upon the 
granting of a pardon to a member so convicted, the court may vacate 
or modify the order of disbarment. 
"(b) Except as provided in subsection (a), a member of the bar 
may not be censured, suspended, or expelled under this chapter until 
written charges, under oath, against him have been presented to the 
court, stating distinctly the grounds of complaint. The court may 
order the charges to be filed in the office of the clerk of the court and 
shall fix a time for hearing thereon. Thereupon a certified copy of the 
charges and order shall be served upon the member personally, or if 
it is established to the satisfaction of the court that personal service 
cannot be had, a certified copy of the charges and order shall be served 
upon him by mail, publication, or otherwise as the court directs. After 
the filing of the written charges, the court may suspend the person 
charged from practice at its bar pending the hearing thereof. 
"§ 11-2504. Censure, suspension, or disbarment by other courts 
"The Federal courts in the District of Columbia and the Superior 
Court may censure, suspend, or expel an attorney from the practice at 
their respective bars, for a crime involving moral turpitude, or pro-
fessional misconduct, or conduct prejudicial to the administration of 
justice. If an attorney is expelled from practice under this section, 
the court expelling him shall notify the other Federal courts in the 
District of Columbia and the District of Columbia Court of Appeals of 
the action taken." 
522 
PUBLIC L
A
W 91-358-JULY 29, 1970 
[84 STAT. 
PART B—PROCEEDINGS REGARDING JUVENILE 
DELINQUENCY AND RELATED MATTERS 
REVISION OF CHAPTER 23 OF TITLE 16 
77 Stat. 586. 
gj,^. 121. (a) Chapter 23 of title 16 of the District of Columbia Code 
is amended to read as follows: 
"Chapter 23.—FAMILY DIVISION PROCEEDINGS 
"SUBCHAPTER I.—PROCEEDINGS REGARDING DELINQUENCY, 
NEGLECT, OR NEED OF SUPERVISION 
"Sec. 
"16-2301. Definitions. 
"16-2302, Transfer of criminal matters to Family Division. 
"16-2303. Retention of jurisdiction. 
"16-2304. Right to counsel. 
"16-2305. Petition; contents; amendment. 
"16-2306. Service of summons, and petition. 
"16-2307. Transfer for criminal prosecution. 
"16-2308. Initial appearance. 
"16-2309. Taking into custody. 
"16-2310. Criteria for detaining children. 
"16-2311. Release or delivery to Family Division. 
"16-2312. Detention or shelter care hearing; intermediate disposition. 
"16-2313. Place of detention or shelter. 
"16-2314. Consent decree. 
"16-2315. Physical and mental examinations. 
"16-2316. Conduct of hearings; evidence. 
"16-2317. Hearings, findings; dismissal. 
"16-2318. Order of adjudication noncriminal. 
"16-2319. Predisposition study and report. 
"16-2320. Disposition of child who is neglected, delinquent, or in need of 
supervision. 
"16-2321. Disposition of mentally ill or substantially retarded child. 
"16-2322. Limitation of time on dispositional orders. 
"16-2323. Modification, termination of orders. 
"16-2324. Support of committed child. 
"16-2325. Court costs and expenses. 
"16-2326. Probation revocation; disposition. 
"16-2327. Interlocutory appeals. 
"16-2328. Finality of judgments; appeals; transcripts. 
"16-2329. Time computation. 
"16-2330. Juvenile case records; confidentiality; inspection and disclosure. 
"16-2331. Juvenile social records; confidentiality; inspection and disclosure. 
"10-2332. Police and other law enforcement records. 
"16-2333. Fingerprint records. 
"16-2334. Sealing of records. 
"16-2335. Unlawful disclosure of records; penalties. 
"16-2336. Additional powers of the Director of Social Services. 
"16-2337. Emergency medical treatment. 
"SUBCHAPTER IL—PATERNITY PROCEEDINGS 
"16-2341. Representation. 
"16-2342. Time of bringing complaint. 
"16-2343. Blood tests. 
"16-2344. Exclusion of public. 
"16-2345. New birth record upon marriage of natural parents. 
"16-2346. Reports to Director of Public Health. 
"16-2347. Death of respondent; liability of estate. 
"16-2348. Paternity records; confidentiality; inspection and disclosure. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
523 
"SUBCHAPTER I.—PROCEEDINGS REGARDING DELIN-
QUENCY, NEGLECT, OR NEED OF SUPERVISION 
"§ 16-2301. Definitions 
"As used in this subchapter— 
"(1) The term 'Division' means the Family Division of the Supe-
rior Court of the District of Columbia. 
"(2) The term 'judge' means a judge assigned to the Family Di-
vision of the Superior Court. 
"(3) The term 'child' means an individual who is under 18 years 
of age, except that the term 'child' does not include an individual who 
is sixteen years of age or older and— 
"(A) charged by the LTnited States attorney with (i) murder, 
forcible rape, burglary in the first degree, robbery while armed, 
or assault with intent to commit any such offense, or (ii) an 
offense listed in clause (i) and any other offense properly joinable 
with such an offense; 
"(B) charged with an offense referred to in subparagraph (A) 
(i) and convicted by plea or verdict of a lesser included offense; 
or 
"(C) charged with a traffic offense. 
For purposes of this subchapter the term 'child' also includes a 
person under the age of twenty-one who is charged with an offense 
referred to in subparagraph (A)(i) or (C) committed before he 
attained the age of sixteen, or a delinquent act committed before he 
attained the age of eighteen. 
"(4) The term 'minor' means an individual who is under the age 
of twenty-one years. 
"(5) The term 'adult' means an individual who is twenty-one years 
of age or older. 
"(6) The term 'delinquent child' means a child who has committed 
a delinquent act and is in need of care or rehabilitation. 
"(7) The term 'delinquent act' means an act designated as an 
offense under the law of the District of Columbia, or of a State if the 
act occurred in a State, or under Federal law. Traffic offenses shall not 
be deemed delinquent acts unless committed by an individual who is 
under the age of sixteen. 
"(8) The term 'child in need of supervision' means a child who— 
"(A) (i) is subject to compulsory school attendance and habitu-
ally truant from school without justification; 
" (ii) has committed an offense committable only by children; or 
"(iii) is habitually disobedient of the reasonable and lawful 
commands of his parent, guardian, or other custodian and is un-
governable; and 
"(B) is in need of care or rehabilitation. 
" (9) The term 'neglected child' means a child— 
"(A) who has been abandoned or abused by his parent, 
guardian, or other custodian; 
"(B) who is without proper parental care or control, subsist-
ence, education as required by law, or other care or control 
necessary for his physical, mental, or emotional health, and the 
deprivation is not due to the lack of financial means of his parent, 
guardian, or other custodian; 
"(C) whose parent, guardian, or other custodian is unable to 
discharge his responsibilities to and for the child because of 
incarceration, hospitalization, or other physical or mental in-
capacity; or 
"(D) who has been placed for care or adoption in violation of 
law. 
524 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
No child who in good faith is under treatment solely by spiritual 
means through prayer in accordance with the tenets and practices of 
a recognized church or religious denomination by a duly accredited 
practitioner thereof shall, for that reason alone, be considered a ne-
glected child for purposes of this subchapter. 
"(10) The term 'mentally ill child' means a child who is mentally 
79 Stat. 751. 
[\i within the meaning of section 21-501. 
"(11) The term 'substantially retarded child' means a child who is 
Post, p. 1068. 
substantially retarded within the meaning of section 21-1101. 
"(12) The term 'custodian' means a person or agency, other than 
a parent or legal guardian, to whom legal custody of a child has been 
given by court order and who is acting in loco parentis. 
"(13) The term 'detention' means the temporary, secure custody 
of a child in facilities, designated by the Division, pending a final 
disposition of a petition. 
"(14) The term 'shelter care' means the temporary care of a child 
in physically unrestricting facilities, designated by the Division, pend-
ing a final disposition of a petition. 
"(15) The term 'detention or shelter care hearing' means a hearing 
to determine whether a child who is in custody should be placed or 
continued in detention or shelter care. 
"(16) The term 'factfinding hearing' means a hearing to determine 
whether the allegations of a petition are true. 
"(17) The term 'dispositional hearing' means a hearing, after a 
finding of fact, to determine— 
" (A) whether the child in a delinquency or need of supervision 
case is in need of care or rehabilitation and, if so, what order of 
disposition should be made; or 
"(B) what order of disposition should be made in a neglect 
case. 
" (18) The term 'probation' means a legal status created by Division 
order following an adjudication of delinquency or need of super-
vision, whereby a minor is permitted to remain in the community sub-
ject to appropriate supervision and return to the Division for viola-
tion of probation at any time during the period of probation. 
"(19) The term 'protective supervision' means a legal status created 
by Division order in neglect cases whereby a minor is permitted to 
remain in his home under supervision, subject to return to the Division 
during the period of protective supervision. 
"(20) The term 'guardianship of the person of a minor' means the 
duty and authority to make important decisions in matters having a 
permanent effect on the life and development of the minor, and con-
cern with his general welfare. It includes (but is not limited to)— 
"(A) authority to consent to marriage, enlistment in the armed 
forces of the United States, and major medical, surgical, or psy-
chiatric treatment; to represent the minor in legal actions; and 
to make other decisions concerning the minor of substantive legal 
significance; 
"(B) the authority and duty of reasonable visitation (except 
as limited by Division order); 
"(C) the rights and responsibilities of legal custody when 
guardianship of the person is exercised by the natural or adoptive 
parent (except where legal custody has been vested in another 
person or an agency or institution); and 
"(D) the authority to exercise residual parental rights and 
responsibilities when the rights of his parents or only living par-
ent have been judicially terminated or when both parents are 
dead. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
525 
"(21) The term 'legal custody" means a legal status created by Di-
vision order which vests in a custodian the responsibility for the 
cusftody of a minor which includes— 
"(A) physical custody and the determination of where and 
with whom the minor shall live; 
"(B) the right and duty to protect, train, and discipline the 
minor; and 
"(C) the responsibility to provide the minor with food, shelter, 
education, and ordinary medical care. 
A Division order of "legal custody' is subordinate to the rights and 
responsibilities of the guardian of the person of the minor and any 
residual parental rights and responsibilities. 
"(22) The term 'residual parental rights and responsibilities' means 
those rights' and responsibilities remaining with the parent after trans-
fer of legal custody or guardianship of the person, including (but 
not limited to) the right of visitation, consent to adoption, and deter-
mination of religious affiliation and the responsibility for support. 
"§ 16-2302. Transfer of criminal matters to Family Division 
"(a) If it appears to a court, during the pendency of a criminal 
charge and before the time when jeopardy would attach in the case of 
an adult, that a minor defendant was a child at the time of an alleged 
offense, the court shall forthwith transfer the charge against the de-
fendant, together with all papers and documents connected therewith, 
to the Division. All action taken by the court prior to transfer of the 
case shall be deemed null and void unless the Division transfers the 
child for criminal prosecution under section 16-2307. 
"(b) If at the time of an alleged offense, a minor defendant was a 
child but this fact is not discovered by the court until after jeopardy 
has attached, the court shall proceed to verdict. If judgment has not 
been entered, the court shall determine on the basis of the criteria in 
section 16-2307 (e) whether to enter judgment or to refer the case to 
the Division for disposition. If judgment has been entered, it shall 
not be set aside on the ground of the defendant's age unless the court, 
after hearing, determines that (1) neither the defendant nor his 
counsel, prior to the entry of judgment, had reason to believe that 
defendant was under the age of eighteen years, and (2) the defendant 
would not have been transferred for criminal prosecution if his age 
had been known and the procedure set forth in section 16-2307 had been 
followed. If the judgment is set aside, the case shall be referred to the 
Division for disposition. The disposition and all prior proceedings in 
any court of any case referred to the Division for disposition pursuant 
to this section shall be subject to the confidentiality provisions of sec-
tions 16-2330 through 16-2335. 
"(c) The court making a transfer shall order the minor to be taken 
forthwith to the Division or to a place of detention designated for 
children by the Division. The Division shall then proceed as provided 
in this subchapter. 
"(d) Nothing in this section shall affect the jurisdiction of a court 
over a person twenty-one years of age or older. 
"§ 16-2303. Retention of jurisdiction 
"For purposes of this subchapter, jurisdiction obtained by the Divi-
sion in the case of a child shall be retained by it until the child becomes 
twenty-one years of age, unless jurisdiction is terminated before that 
time. This section does not affect the jurisdiction of other divisions of 
the Superior Court or of other courts over offenses committed by a 
person after he ceases to be a child. If a minor already under the juris-
diction of the Division is convicted in the Criminal Division or another 
court of a crime committed after he ceases to be a child, the Family 
Division may, in appropriate cases, terminate its jurisdiction. 
526 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"§ lfr-2304. Right to counsel 
"(a) A child alleged to be delinquent or in need of supervision is 
entitled to be represented by counsel at all critical stages of Division 
proceedings, including the time of admission or denial of allegations 
m the petition and all subsequent stages. If the child and his parent, 
guardian, or custodian are financially unable to obtain adequate rep-
resentation, the child shall be entitled to have counsel appointed for 
him in accordance with rules established by the Superior Court. In its 
discretion, the Division may appoint counsel for the child over the ob-
jection of the child, his parent, guardian, or other custodian. 
"(b) When a child is alleged to be neglected, the parent, guardian, 
or custodian of the child named in the petition is entitled to be repre-
sented by counsel at all critical stages of the Division proceedings and, 
if financially unable to obtain adequate representation, to have coun-
sel appointed in accordance with rules established by the Superior 
Court. The Division shall, where appropriate, appoint separate coun-
post, p. 557. 
ggj f^Q represent the child, as provided in section 16-918. 
*'§ 16-2305. Petition; contents; amendment 
"(a) Complaints alleging delinquency, need of supervision, or ne-
glect shall be referred to the Director of Social Services who shall 
conduct a preliminary inquiry to determine whether the best interests 
of the child or the public require that a petition be filed. If judicial 
action apprars warranted, under intake criteria established by rule of 
the Superior Court, the Director shall recommend that a petition be 
filed. If the Director decides not to recommend the filing of a petition, 
the complainant in a delinquency or neglect case shall have a right to 
have that decision reviewed by the Corporation Counsel, and the Di-
rector shall notify the complainant of such right of review. 
"(b) Petitions initiating judicial action may be signed by any per-
son who has knowledge of the facts alleged or, being informed of 
them, believes they are true, except that petitions alleging need of 
supervision may only be signed by the Director of Social Services, a 
representative of a public agency or a nongovernmental agency li-
censed and authorized to care for children, a representative of a public 
or private agency providing social service for families^ a school offi-
cial, or a law enforcement officer. Petitions shall be verified and veri-
fication may be upon information or belief. 
"(c) Each petition shall be prepared by the Corporation Counsel 
after an inquiry into the facts and a determination of the legal basis 
for the petition. If the Director of Social Services has refused to 
recommend the filing of a delinquency or neglect petition, the Corpor-
ation Counsel, on request of the complainant, shall review the facts 
presented and shall prepare and file a petition if he believes such ac-
tion is necessary to protect the community or the interests of the child. 
Any decision of the Corporation Counsel on whether to file a petition 
shall be final. 
"(d) A petition shall be filed by the Corporation Counsel within 
seven days (excluding Sundays and legal holidays) after the com-
plaint has been referred to the Director of Social Services, except as 
otherwise provided in section 16-2312. A petition shall set forth 
plainly and concisely the facts which give the Division jurisdiction of 
Ante, p. 488. 
^ho cliild Under section 11-1101(13). In delinquency cases the peti-
tion shall also state the specific statute or ordinance on which the 
charge is based. If delinquency or need of supervision is alleged, a 
statement shall be included in the petition that the child appears to be 
in need of care or rehabilitation. The petition shall contain such other 
facts and information as may be required by rules of the Superior 
Court. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
527 
" (e) A petition may be amended by leave of the Division on motion 
of the Corporation Counsel or counsel for the child, at any time prior 
to the conclusion of the factfinding hearing. The Division shall grant 
the Corporation Counsel, the child, and his parent, guardian, or cus-
todian notice of the amendment and, where necessary, additional time 
to prepare. 
"(f) The District of Columbia shall be a party to all proceedings 
under this subchapter. 
*'§ 16-2306. Service of summons and petition 
"(a) When a petition is filed, the Division shall set a time for 
initial appearance and shall direct the issuance of summonses. If de-
linquency or need of supervision is alleged, a summons, together with 
a copy of the petition, shall be served upon the child and upon his 
spouse (if any) and his parent, guardian, or other custodian. If ne-
glect is alleged, the summons, together with a copy of the petition, 
shall be served on the parent, guardian, or other custodian of the child 
named in the petition. Where appropriate to the proper disposition of 
the case, the Division may direct service of summonses upon other 
persons. A summons issued pursuant to this section shall advise the 
parties of the right to counsel as provided in section 16-2304. 
"(b) Upon request of the Corporation Counsel, the Division may 
endorse vipon the summons an order directing the parent, guardian, or 
other custodian of the child to appear personally at the hearing and 
directing the person having physical custody or control of the child 
to bring the child to the hearing. 
" (c) If it appears, from information presented to the Division, that 
there are grounds to take the child into custody as provided in section 
16-2309, or that the child may leave or be removed from the jurisdic-
tion of the Superior Court or will not be brought to the hearing, not-
withstanding service of the summons, the Division may endorse upon 
the summons an order that the officer serving the summons shall at 
once take the child into custody. If the child is taken into custody un-
der this section, the provisions of sections 16-2309 to 16-2312 shall 
apply. 
"§ 16-2307. Transfer for criminal prosecution 
"(a) Within seven days (excluding Sundays and legal holidays) of 
the filing of a delinquency petition, or later for good cause shown, 
and prior to a factfinding hearing on the petition, the Corporation 
Counsel, following consultation with the Director of Social Services, 
may file a motion, supported by a statement of facts, requesting trans-
fer of the child for criminal prosecution, if— 
"(1) the child was fifteen or more years of age at the time of 
the conduct charged, and is alleged to have committed an act 
which would constitute a felony if committed by an adult; 
"(2) the child is sixteen or more years of age and is already 
under commitment to an agency or institution as a delinquent 
child; or 
"(3) a minor eighteen years of age or older is alleged to have 
committed a delinquent act prior to having become eigliteen years 
of age. 
" (b) Following the filing of the motion by the Corporation Counsel, 
summonses shall be issued and served in conformity with the provi-
sions of section 16-2306. 
"(c) When there are grounds to believe the child is substantially re-
tarded or mentally ill, the Division shall stay the proceedings for the 
purpose of obtaining an examination. After examination, the Division 
shall proceed to a determination under subsection (d) unless it deter-
528 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
mines that the child is incompetent to participate in the proceedings, in 
which event it shall order the child committed to a mental hospital 
pursuant to section 16-2315 or section 927 of the Act of March 3,1901 
Post, p. 601. 
(D.C. Code, sec. 24-301 (a)). 
"(d) Unless a commitment under subsection (c) of this section has 
intervened, the Division shall conduct a hearing on each transfer mo-
tion to determine if there are reasonable prospects for rehabilitating 
the child before his majority. Such hearing shall be held within ten 
days (excluding Sundays and legal holidays) of the filing of the trans-
fer motion. In any such hearing, the child who is the subject of the 
hearing shall not be required to establish that there are reasonable 
prospects for his rehabilitation prior to his majority. Unless the Divi-
sion determines that there are reasonable prospects for rehabilitating 
the child before his majority, it shall order the transfer of the child 
for criminal prosecution and notify the United States attorney of 
such order. Accompanying the order of transfer shall be a statement of 
tlie reasons of the Division for ordering the transfer of the child. In-
cluded in the statement shall be the Division's findings with respect to 
each of the factors set forth in subsection (e) relating to the pros-
pects for the rehabilitation of the child. This statement shall be avail-
able upon request to any court in which the transfer is challenged, but 
shall not be available to the trier of fact of the criminal charge prior 
to verdict. 
"(e) Evidence of the following factors shall be considered in deter-
mining whether there are reasonable prospects for rehabilitating a 
child prior to his majority: 
" (1) the child's age; 
"(2) the nature of the present offense and the extent and nature 
of the child's prior delinquency record; 
" (3) the child's mental condition; 
"(4) the nature of past treatment efforts and the nature of the 
child's response to past treatment efforts; and 
"(5) the techniques, facilities, and personnel for rehabilitation 
available to the Division and to the court that would have juris-
diction after transfer. 
The rules of evidence at transfer hearings shall be the same as those 
that govern dispositional proceedings in delinquency cases, as set forth 
in section 16-2317. At a transfer hearing, only the propriety of even-
tual Division disposition shall be considered, and evidence bearing on 
probable cause or the likelihood that the child committed the act 
alleged shall not be admitted. 
"(f) Prior to a transfer hearing, a study and report, in writing, 
relevant to the factors in subsection (e), shall be made by the Director 
of Social Services. This report and all social records that are to be 
made available to the judge at the transfer hearing shall be made 
available to counsel for the child and to the Corporation Counsel at 
least three days prior to the hearing. 
"(g) A judge who conducts a hearing pursuant to this section shall 
not, over the objection of the child whose prospects for rehabilitation 
were at issue, participate in any subsequent factfinding proceedings 
relating to the offense. 
"(h) Transfer of a child for criminal prosecution terminates the 
jurisdiction of the Division over the child with respect to any subse-
(pient delinquent act; except that jurisdiction of the Division over the 
child is restored if (1) the criminal prosecution is terminated other 
than by a plea of guilty, a verdict of guilty, or a verdict of not guilty 
by reason of insanity, and (2) at the time of the termination of the 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
529 
criminal prosecution no indictment or information has been filed for 
criminal prosecution for an offense alleged to have been committed by 
the child subsequent to transfer. 
"§ 16-2308. Initial appearance 
"The initial appearance, before a judge assigned to the Division, 
of a child named in a delinquency or need of supervision petition 
or of the parent, guardian, or custodian of a child named in a neglect 
petition shall be at the time set forth in the summons, which shall 
be not later than five days after the petition has been filed. At the 
initial appearance, the child and his parent, guardian, or custodian 
shall be advised of the contents of the petition and of the right to 
counsel as provided in section 16-2304. At the initial appearance the 
child, or in neglect cases the parent, guardian, or custodian, may admit 
or deny the allegations in the petition, but it shall not be necessary 
at the initial appearance for the Corporation Counsel to establish 
probable cause to believe that the allegations in the petition are true. 
At the initial appearance, the judge may set the time for the fact-
finding hearing or continue the matter until a later time. Failure to 
hold the initial appearance at the time specified shall not be grounds 
for dismissal of the petition. This section shall not apply in any case 
where, prior to or at the time of the initial appearance, a detention 
or shelter care hearing is required by section 16-2312. 
"§ 16-2309. Taking into custody 
"A child may be taken into custody— 
"(1) pursuant to order of the Division under section 16-2306 
or 16-2311; 
"(2) by a law enforcement officer when he has reasonable 
grounds to believe that the child has committed a delinquent act; 
"(3) by a law enforcement officer when he has reasonable 
grounds to believe that the child is suffering from illness or in-
jury or is in immediate danger from his surroundings, and that 
his removal from his surroundings is necessary; or 
"(4) by a law enforcement officer when he has reasonable 
grounds to believe that the child has run away from his parent, 
guardian, or other custodian. 
"§ 16-2310. Criteria for detaining children 
"(a) A child shall not be placed in detention prior to a factfinding 
hearing or a dispositional hearing unless he is alleged to be delinquent 
or in need of supervision and unless it appears from available infor-
mation that detention is required— 
"(1) to protect the person or projDerty of others or of the child, 
or 
"(2) to secure the child's presence at the next court hearing. 
"(b) A child shall not be placed in shelter care prior to a factfind-
ing hearing or a dispositional hearing unless it appears from available 
information that shelter care is required— 
" (1) to protect the person of the child, or 
"(2) because the child has no parent, guardian, custodian, or 
other person or agency able to provide supervision and care for 
him, and the child appears unable to care for himself. 
"(c) The criteria for detention and shelter care provided in this 
section, as implemented by rules of the Superior Court, shall govern 
the decisions of all persons responsible for determining whether deten-
tion or shelter care is warranted prior to the factfinding hearing. 
530 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"§ 16-2311. Release or delivery to Family Division 
"(a) A person taldng a child into custody shall with all reasonable 
speed— 
" (1) release the child to his parent, guardian, or custodian upon 
a promise to bring the child before the Division when requested 
by the Division, unless the child's placement in detention or 
shelter care appears required as provided in section 16-2310; 
"(2) bring the child before the Director of Social Services; or 
"(3) bring the child to a medical facility if the child appears 
to require prompt treatment or to require prompt diagnosis for 
medical or evidentiary purposes. 
Any person taking a child into custody shall give prompt notice to 
the Corporation Counsel and to the parent, guardian, or custodian 
(if known) together with the reasons for custody. 
"(b) When a child is bronght before the Director of Social Serv-
ices, the Director shall in all cases review the need for detention or 
shelter care prior to the admission of the child to the place of deten-
tion or shelter care. The child shall be released to his parent, guardian, 
or custodian unless the Director of Social Services finds that deten-
tion or shelter care is required under section 16-2310. If the child is 
not released, the Director of Social Services shall advise him of the 
right to counsel as provided in section 16-2304. 
"(c) If a parent, guardian, or custodian fails, when requested, to 
bring the child to the Division as provided in subsection (a) (1), the 
Division may issue a warrant directing that the child be taken into 
custody and brought before the Division. 
*'§ 16-2312. Detention or shelter care hearing; intermediate dis-
position 
"(a) When a child is not released as provided in section 16-2311— 
"(1) a detention or shelter care hearing shall be commenced 
not later than the next day (excluding Sundays) after the child 
has been taken into custody or transferred from another court as 
provided by section 16-2302; and 
"(2) a petition shall be filed at or prior to the detention or 
shelter care hearing. 
"(b) Prompt notice of the detention or shelter care hearing shall be 
given, if delinquency or need (5f supervision is alleged, to the child, 
and to his spouse (if any), parent, guardian, or custodian, if he can 
be found, or, if neglect is alleged, to the child, and to the parent, 
guardian, or custodian named in the petition if he can be found. 
Counsel for the child, and in neglect cases counsel for the parent, 
guardian, or custodian, shall be entitled to a copy of the petition prior 
to the hearing. 
"(c) At the commencement of the hearing the judge shall advise 
the parties of the right to counsel, as provided in section 16-2304, and 
shall appoint counsel if required. He shall also inform them of the 
contents of the petition and shall afford the child, or in a neglect case, 
the parent, guardian, or custodian, an opportunity to admit or deny 
the allegations in the petition. He shall then hear from the Corpora-
tion Counsel to determine whether the child should be placed or con-
tinued in detention or shelter care under the criteria in section 16-
2310. The child and his parent, guardian, or custodian shall have a 
right to be heard in their own behalf. 
"(d) (1) At the conclusion of the hearing, the judge shall— 
"(A) order detention or shelter care, setting forth in writing 
his reasons therefor, if he finds that the child's detention or shelter 
care is required under the criteria in section 16-2310; or 
"(B) order the child released if he finds that the child's deten-
tion or shelter care is not required under such criteria. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
531 
"(2) If a child is ordered released under paragraph (1) (B) of 
this subsection, the judge may impose one or more of the following 
conditions: 
" (A) Placement of the child in the custody of a parent, guard-
ian, or custodian or under supervision of a person or organization 
agreeing to supervise him. 
"(B) Placement of restrictions on the child's travel, activities, 
or place of abode during the period of release. 
"(C) Any other condition reasonably necessary to assure the 
appearance of the child at a factfinding hearing or his protection 
from harm, including a requirement that the child return to the 
physical custody of the parent, guardian, or custodian after 
specified hours. 
" (e) When a judge finds that a child's detention or shelter care is re-
quired under the criteria of section 16-2310, he shall then hear evi-
dence presented by the Corporation Counsel to determine whether 
there is probable cause to believe the allegations in the petition are 
true. The child, his parent, guardian or custodian may present evi-
dence on the issues and be heard in their own behalf. 
"(f) When a judge finds there is probable cause to believe the alle-
gations in the petition are true, he shall order the child to be placed or 
continued in detention or shelter care and set forth his reasons. When 
a judge finds that there is not probable cause to believe the allegations 
in the petition are true, he shall order the child to be released. 
"(g) The Division at a detention or shelter care hearing may not 
postpone the determination of whether detention or shelter care is 
required. For good cause shown, however, the Division may grant a 
continuance of any other part of the hearing (including the filing of 
a petition) for a period not to exceed five days. 
(h) On motion by or on behalf of the child, a child in custody shall 
be released from custody if his detention or shelter care hearing is not 
commenced within the time set herein. 
"(i) If a child is not released after his detention or shelter care 
hearing and the parent, guardian or custodian did not receive notice 
thereof, the Division may, in the interest of justice, conduct a new 
hearing in accordance with rules prescribed by the Superior Court. 
"(J) Upon objection of the child or his parent, guardian or custo-
dian, a judge who conducted a detention or shelter care hearing shall 
not conduct a factfinding hearing on the petition. 
"§ 16-2313. Place of detention or shelter 
"(a) A child who is alleged to be neglected and who is in custody 
may be placed at any time prior to disposition, only in— 
"(1) a foster home; 
"(2) a group home, youth shelter, or other appropriate home 
for nondelinquent children; or 
"(3) another facility for shelter care designated by the Divi-
sion, including an appropriate facility operated by the District 
of Columbia. 
No child alleged to be neglected may be placed in a facility described 
in paragraph (3) of subsection (b) of this section. 
"(b) A child who is alleged to be in need of supervision or (except 
as provided in subsection (d) or (e)) is alleged to be delinquent and 
who is in custody may be detained at any time prior to disposition 
only in— 
" (1) a foster home; 
"(2) a group home, youth shelter, or other appropriate home 
for allegedly delinquent children; or 
532 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"(3) a detention home for allegedly delinquent children or 
children alleged to be in need of supervision, designated by the 
Division, including an appropriate facility operated by the Dis-
trict of Columbia. 
Lailess the Division shall by order so authorize, no child may be de-
tained in a facility described in paragraph (3) if it would result in 
his commingling with children who have been adjudicated delinquent 
and committed by order of the Division. 
'•(c) A child in detention or shelter care may be temporarily trans-
ferred to a medical facility for physical care and may, on order of the 
Division, be temporarily transferred to a facility for mental examina-
tion or treatment. 
"(d) Except as provided in subsection (e), no child under eighteen 
years of age may be detained in a jail or other facility for the deten-
tion of adults, unless transferred as provided in section 16-2307. The 
appropriate official of a jail or other facility for the detention of 
adults shall inform the Superior Court immediately when a child 
under the age of eighteen years is received there (other than by trans-
fer) and shall (1) deliver him to the Director of Social Services upon 
request, or (2) transfer him to a detention facility described in sub-
section (b) (3). 
"(e) A child sixteen years of age or older who is alleged to be 
delinquent and who is in detention, whosB conduct constitutes a men-
ace to other children, and who cannot be controlled, may on order 
of the Division be transferred to a place of detention for adults, but 
shall be kept separate from adults. 
"§ 16-2314. Consent decree 
"(a) At any time after the filing of a delinquency or need of super-
vision petition and prior to adjudication at a factfinding hearing, the 
Division may, on motion of the Corporation Counsel or counsel for 
the child, suspend the proceedings and continue the child under super-
vision, without commitment, under terms and conditions established by 
rules of the Superior Court. Such a consent decree shall not be 
entered unless the child is represented by counsel and has been 
informed of the consequences of the decree; nor shall it be entered 
over the objection of the child or of the Corporation Counsel. 
"(b) A consent decree shall remain in force for six months unless 
the child is sooner discharged by the Director of Social Services. 
T'pon application of the Director of Social Services or an agency 
supervising the child made prior to the expiration of the decree, a 
consent decree may, after notice and hearing, be extended for not more 
than six additional months by order of the Division. 
"(c) If prior to the expiration of the decree or discharge by the 
Director of Social Services, the child fails to fulfill the express con-
ditions of the decree or a new delinquency or need of supervision peti-
tion is filed concerning the child, the original petition under which 
the decree was filed may, in the discretion of the Corporation Counsel 
following consultation with the Director of Social Services, be rein-
stated. The child shall thereafter be held accountable on the original 
petition as if the consent decree had never been entered. 
"(d) If a child completes the period of continuance under super-
vision in accordance with the consent decree or is sooner discharged 
by the Director of Social Services, the Division shall dismiss the 
original petition. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
533 
"§ 16-2315. Physical and mental examinations 
" (a) At any time following the filing of a petition, on motion of the 
Corporation I'ounsel or counsel for the child, or on its own motion, 
the Division may order a child to be examined to aid in determining 
his physical or mental condition. 
"(b) Wherever possible examinations shall be conducted on an out-
patient basis, but the Division may, if it deems necessary, commit the 
child to a suitable medical facility or institution for the purpose of ex-
amination. Commitment for examination shall be for a period of not 
more than forty-five days; except that the Division may, for good 
cause shown, grant extensions of the commitment which may not ex-
ceed forty-five days in the aggregate. 
"(c) (1) If as a result of a mental examination the Division deter-
mines that a child alleged to be delinquent is incompetent to partici-
pate in proceedings under the petition by reason of mental illness or 
substantial retardation, it shall, except as provided in subsection (2), 
suspend further proceedings and the Corporation Counsel shall initiate 
commitment proceedings pursuant to chapter 5 or 11 of title 21. 
^^^, p^ij,p!%87. 
" (2) If a motion for transfer for criminal prosecution has been filed D!C. co'de 21-
pursuant to section 16-2307 and the Division determines that a child ^°^' 21-1101. 
alleged to be delinquent is incompetent to participate in the transfer 
proceedings by reason of mental illness, it shall suspend further pro-
ceedings and order the child confined to a suitable hospital or facility 
for the mentally ill until his competency is restored. If prior to the 
time the child reaches the age of 21 it appears that he will not regain 
his competency to participate in the proceedings, the Corporation 
Counsel shall initiate commitment proceedings pursuant to chapter 5 
of title 21. 
"(8) If, as a result of mental examination, the Division determines 
that a child alleged to be in need of supervision is incompetent to par-
ticipate in proceedings under the petition by reason of mental illness 
or substantial retardation, it shall suspend further proceedings. If pro-
ceedings are suspended, the Corporation Counsel may initiate com-
mitment proceedings pursuant to chapter 6 or 11 of title 21. 
"(d) The results of an examination under this section shall be ad-
missible in a transfer hearing pursuant to section 16-2307, in a 
dispositional hearing under this subchapter, or in a commitment pro-
ceeding under chapter 5 or 11 of title 21. The results of examination 
may be admitted into evidence at a factfinding hearing to aid the Di-
vision in determining a material allegation of the petition relating to 
the child's mental or physical condition, but not for the purpose of 
establishing a defense of insanity. 
" (e) Following an adjudication at a factfinding hearing that a child 
is neglected, the Division may order the mental or physical examina-
tion of the parent, guardian, or custodian of the child whose ability to 
care for the child is at issue. The results of the examination are ad-
missible at a dispositional hearing on the petition alleging neglect. 
"§ 16-2316. Conduct of hearings; evidence 
"(a) The Division shall, without a jury, hear and adjudicate cases 
involving delinquency, need of supervision, or neglect. The Corpora-
tion Counsel shall present evidence in support of all petitions arising 
under this subchapter and otherwise represent the District of Columbia 
in all proceedings. 
"(b) Evidence which is competent, material, and relevant shall be 
admissible at factfinding hearings. Evidence which is material and 
relevant shall be admissible at detention hearings, transfer hearings 
under section 16-2307, and dispositional hearings. 
534 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"(c) All hearings and proceedings under this subchapter shall be 
recorded by appropriate means. Except in hearings to declare a person 
in contempt of court, the general public shall be excluded from hear-
ings arising under this subchapter. Only persons necessary to the pro-
ceedings shall be admitted, but the Division ma^, pursuant to rule of 
the Superior Court, admit such other persons (mcluding members of 
the press) as have a proper interest in the case or the work of the 
court on condition that they refrain from divulging information iden-
tifying the child or members of his family involved in the proceedings. 
" (d) If the Division finds that it is in the best interest of the child, 
it may temporarily exclude him from any proceeding except a fact-
finding hearing. If the petition alleges neglect, the child may also be 
temporarily excluded from a factfinding hearing. In any case, counsel 
for the child may not be excluded. 
"§ 16-2317. Hearings, findings; dismissal 
"(a) Except as otherwise provided by statute or court rule, all mo-
tions shall be heard at the time of the factfinding hearing. 
"(b) After a factfinding hearing on the allegations in the petition, 
the Division shall make and file written findings in all cases as to the 
truth of the allegations, and in neglect cases, he shall also make and 
file written findings as to whether the child is neglected. If the Divi-
sion finds that— 
"(1) in the case of a delinquency petition, that the allegations 
have not been established by proof beyond a reasonable doubt, or 
"(2) in the case of a need of supervision or neglect petition, 
that the allegations have not been established by the preponder-
ance of the evidence, 
the Division shall dismiss the petition and order the child released 
from any de'^ention or shelter care or other restriction previously 
ordered. If the proceedings are not terminated after the factfinding 
hearing, the Division shall review the need for detention or shelter care 
of the child. 
"(c) If the Division finds in a factfinding hearing that— 
"(1) the allegations in a delinquency petition have been es-
tablished by proof beyond a reasonable doubt, or 
"(2) the allegations in a need of supervision or neglect peti-
tion have been established by the preponderance of the evidence, 
the Division, after giving the notice required by subsection (e) of this 
section, shall proceed to hold a dispositional hearing. The Division 
may postpone a dispositional hearing to await the predisposition study 
and report of the Director of Social Services required by section 16-
2319. In the absence of evidence to the contrary, a finding of the com-
mission of an act which would constitute a criminal offense if commit-
ted by an adult is sufficient to sustain a finding of need for care or 
rehabilitation in delinquency and need of supervision cases. 
"(d) If the Division finds that the child is not in need of care or 
rehabilitation it shall terminate the proceedings and discharge the child 
from detention, shelter care, or other restriction previously ordered. 
"(e) The Division shall give prompt notice of any dispositional 
hearing as follows: 
"(1) In delinquency and need of supervision cases, to the child, 
his spouse (if any), and his parent, guardian, or custodian. 
"(2) In neglect cases, to the child and to the parent, guardian, 
or custodian named in the petition if he can be found. 
"§ 16-2318. Order of adjudication noncriminal 
"A consent decree, order of adjudication, or order of disposition in 
a proceeding under this subchapter is not a conviction of crime and 
does not impose any civil disability ordinarily resulting from a con-
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
535 
viction, nor does it operate to disqualify a child in any future civil 
service examination, appointment, or application for public service in 
either the Government of the United States or of the District of 
Columbia. 
"§ 16-2319. Predisposition study and report 
"After a motion for transfer has been filed, or after the Division 
has made findings pursuant to subsection (c) of section 16-2317 sus-
taining the allegations of a petition and, in neglect cases, the conclu-
sion that the child is neglected, the Division shall direct that a pre-
disposition study and report to the Division be made by the Director 
of Social Services or a qualified agency designated by the Division 
concerning the child, his family, his environment, and other matters 
relevant to the need for treatment or disposition of the case. Except 
in connection with a hearing on a transfer motion, no predisposition 
study or report shall be furnished to or considered by the Division 
prior to completion of the factfinding hearing. 
^
^
§ 16-2320. Disposition of child who is neglected, delinquent, or 
in need of supervision 
"(a) If a child is found to be neglected, the Division may order any 
of the following dispositions which will be in the best interest of the 
child: 
"(1) Permit the child to remain with his parent^ guardian, or 
other custodian, subject to such conditions and limitations as the 
Division may prescribe, including but not limited to medical, 
psychiatric, or other treatment at an appropriate facility on an 
out-patient basis. 
" (2) Place the child under protective supervision. 
" (3) Transfer le^al custody to any of the following— 
"(A) a public agency responsible for the care of neglected 
children; 
"(B) a child placing agency or other private organization 
or facility which is licensed or otherwise authorized b^ law 
and is designated by the Commissioner of the District of 
Columbia to receive and provide care for the child; or 
"(C) a relative or other individual who is found by the 
Division to be qualified to receive and care for the child. 
"(4) Commitment of the child for medical, psychiatric, or 
other treatment at an appropriate facility on an in-patient basis 
if, at the dispositional hearing provided for in section 16-2317, 
the Division finds that confinement is necessary to the treatment 
of the child. A child for whom medical, psychiatric, or other 
treatment is ordered may petition the Division for review of the 
order thirty days after treatment under the order has commenced, 
and, if, after a hearing for the purpose of such review, the origi-
nal order is affirmed, the child may petition for review thereafter 
every six months. 
"(5) Make such other disposition as may be provided by law 
and as the Division deems to be in the best interests of the child 
and the community. 
"(b) Unless a child found neglected is also found to be delinquent, 
he shall not be committed to, or confined in, an institution for delin-
quent children. 
"(c) If a child is found to be delinquent or in need of supervision, 
the Division may order any of the following dispositions for his super-
vision, care, and rehabilitation: 
"(1) Any disposition authorized by subsection (a) (other than 
paragraph (3) (A) thereof), 
47-348 O - 72 - 38 (pt. 1) 
536 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"(2) Transfer of legal custody to a public agency for the care 
of delinquent children. 
"(3) Probation under such conditions and limitations as the 
Division may prescribe. 
"(d) No child found in need of supervision, unless also found delin-
quent, shall be committed to or placed in an institution or facility for 
delinquent children; except that if such child has previously been found 
in need of supervision and the Division, after hearing, so finds, the 
Division may specify that such child be committed to or placed in an 
institution or facility for delinquent children. 
" (e) No child who is found to be delinquent, in need of supervision, 
or neglected shall be committed to a penal or correctional institution 
for adult offenders. 
"§ 16-2321. Disposition of mentally ill or substantially retarded 
child 
"(a) If no previous examination has been made under section 16-
2315 and the Division, after a factfinding but before a dispositional 
hearing, has reason to b?lieve that a child is mentally ill or substan-
tially retarded, it may order an examination as provided in section 
16-2315. 
"(b) If as a result of the examination the child is found to be 
mentally ill or substantially retarded, the Division may, in lieu of other 
disposition, direct the appropriate authority to initiate commitment 
79 Stat. 750, 
proceedings under chapter 5 or 11 of title 21. The Division may order 
D!c.°cod^*2i- ' ibe child detained m suitable facilities pending 
commitment 
501, 21-1101. 
proceedings. 
"(c) If the examination does not indicate that commitment pro-
ceedings should be initiated or if the proceedings do not result in 
commitment, the Division shall proceed to disposition pursuant to 
this subchapter. 
*'§ 16-2322. Limitation of time on dispositional orders 
"(a) (1) A dispositional order vesting legal custody of a child in 
a department, agency, or institution shall remain in force for an inde-
terminate period not exceeding two years. Unless the order specifies 
that release is permitted only by order of the Division, the department, 
agency, or institution may release the child at any time that it appears 
the purpose of the disposition order has been achieved. 
"(2) An order vesting le^al custody of a child in an individual other 
than his parent shall remain in force for two years unless sooner ter-
minated by order of the Division. 
"(3) An order of probation or a protective supervision order shall 
remain in force for a period not exceeding one year from the date 
entered, but the Director of Social Services or the agency providing 
supervision may terminate supervision at any time that it appears the 
purpose of the order has been achieved. 
"(b) A dispositional order vesting legal custody of a child in an 
agency or institution may be extended for additional periods of one 
year, upon motion of the department, agency, or institution to which 
the child was committed, if, after notice and hearing, the Division 
finds that— 
"(1) in the case of a neglected child, the extension is necessary 
to safeguard his welfare; or 
"(2) in the case of a child adjudicated delinquent or in need 
of supervision, the extension is necessary for his rehabilitation 
or the protection of the public interest. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
537 
"(c) Any other dispositional order may be extended for additional 
periods of one year, upon motion of the Director of Social Services, 
if, after notice and hearing, the Division finds that extension is neces-
sary to protect the interest of tlie child. 
"(d) A release or termination of an order prior to expiration of 
the order pursuant to subsection (a) (1) or (3), shall promptly be 
reported in writing to the Division. 
"(e) Upon termination of a dispositional order a child shall be 
notified in writing of its termination. Upon termination of an order or 
release a child shall be notified, in accordance with rules of the 
Superior Court, of his right to move for the sealing of his records as 
provided in section 16-2334. 
"(f) Unless sooner terminated, all orders of the Division under this 
subchapter in force with respect to a child terminate when he reaches 
twenty-one years of age. 
"§ 16-2323. Modification, termination of orders 
"(a) An order of the Division under this subchapter shall be set 
aside if— 
"(1) it was obtained by fraud or mistake sufficient to set aside 
an order or judgment in a civil action; 
" (2) the Division lacked jurisdiction; or 
" (3) newly discovered evidence so requires. 
"(b) A child who has been committed under this subchapter to 
the custody of an institution, agency, or person, or the parent or 
guardian of the child, may file a motion for modification or termina-
tion of the order of commitment on the ground that the child no longer 
is in need of commitment, if the child or his parent or guardian has 
applied to the institution or agency for release and the application 
was denied or not acted upon within a reasonable time. 
"(c) The Director of Social Services shall conduct a preliminary 
review of motions filed under subsection (b) and shall prepare a report 
to the Division on the allegations contained therein. The Division may 
dismiss the motion if it concludes from the report that it is without 
substance. Otherwise, the Division, after notice, shall hear and deter-
mine the issues raised by the motion and deny the motion, or enter an 
appropriate order modifying or terminating the order of commitment, 
if it finds such action necessary to safeguard the welfare of the child 
or the interest of the public. 
"(d) A motion may be filed under subsection (b) only once every 
six months. 
"§ 16-2324. Support of committed child 
"Whenever legal custody of a child is vested in any agency or indi-
vidual other than the child's parent, after due notice to the parent or 
other persons legally obligated to care for and support the child and 
after hearing, the Division may, at the dispositional hearing or there-
after, order and decree that the parent or other legally obligated per-
son shall pay, in such manner as the Division may direct, a reasonable 
sum that will cover in whole or in part the support and treatment of 
the child after the decree is entered. If the parent or other legally obli-
gated person wilfully fails or refuses to pay such sum, the Division 
may proceed against him for contempt, or the order may be filed and 
shall have the effect of a civil judgment. 
"§ 16-2325. Court costs and expenses 
"If, at the dispositional hearing or thereafter, the Division finds, 
after due notice and hearing, that the parent or other person legally 
obligated to care for and support a child subject to proceedings under 
this subchapter is financially able to pay, the Division may order him 
to pay all of or part of the costs of— 
538 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"(1) physical and mental examinations and treatment of the 
child ordered by the Division; and 
"(2) reasonable compensation for services and related expenses 
of counsel appointed by the court to represent the child, or, in 
neglect cases, himself. 
Payment shall be made as prescribed by rules of the Superior Court. 
"§ 16-2326. Probation revocation; disposition 
"(a) If a child on probation incident to an adjudication of delin-
quency or need of suj)ervision violates any term of his probation he 
may be proceeded against in a probation revocation hearing. 
"(b) A proceeding to revoke probation shall be commenced by the 
filing of a revocation petition by the Corporation Counsel. The peti-
tion to revoke probation shall be in such form as may be prescribed 
by rule of the Superior Court and shall be served together with a 
summons in the manner provided in section 16-2306. 
"(c) Probation revocation proceedings shall be heard without a 
jury and shall require establishment of the facts alleged by a pre-
ponderance of the evidence. As nearly as may be appropriate, proba-
tion revocation proceedings shall conform to the procedures established 
by this subchapter for delinquency and need of supervision cases. 
"(d) If a child is found to have violated the terms of his probation, 
the Division may modify the terms and conditions of the probation 
order, extend the period of probation, or enter any other order of 
disposition specified in section 16-2320 for a delinquent child. 
"§ 16-2327. Interlocutory appeals 
"(a) A child who has been ordered transferred for criminal pros-
ecution under section 16-2307 or detained or placed in shelter care 
or subjected to conditions of release under section 16-2312, may, 
within two days of the date of entry of the Division's order, file a 
notice of interlocutory appeal. 
"(b) The District of Columbia Court of Appeals shall (1) hear 
argument on an appeal under subsection (a) on or before the third 
day (excluding Sundays) after the filing of notice under that sub-
section, (2) dispense with any requirement of written briefs other 
than the supporting materials previously submitted to the Division, 
and (3) render its decision on or before the next day following argu-
ment on appeal. The court may in rendering its decision dispense with 
the issuance of a written opinion. 
"(c) In cases involving transfer for criminal prosecution, the 
pendency of an interlocutory appeal shall act to stay criminal proceed-
ings. Until the time for filing an interlocutory appeal has lapsed, or if 
an appeal is filed until its completion, no child who has been ordered 
transferred for criminal prosecution shall be removed to a place of 
adult detention, except as provided in section 16-2313, or otherwise 
treated as an adult. 
"(d) The decision of the District of Columbia Court of Appeals 
shall be final. 
"§ 16-2328. Finality of judgments; appeals; transcripts 
"(a) Except as otherwise expressly provided by law, in all hearings 
and cases tried before the Division pursuant to this subchapter, the 
judgment of the Division is final. 
"(b) In all appeals from decisions of the Division with respect to a 
child alleged to be neglected, delinquent, or in need of supervision, the 
child shall be identified only by initials in all transcripts, briefs, and 
other papers filed, and all necessary steps, as prescribed by rule of the 
District of Columbia Court of Appeals, shall be taken to protect the 
identity of the child. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
539 
"(c) Upon the filing of a motion and supporting affidavit stating 
that he is financially unable to purchase a transcript, a party who has 
filed notice of appeal or of interlocutory appeal shall be furnished, at 
no cost or at such part of cost as he is able to pay, so much of the 
transcript as is necessary adequately to prepare and support the 
appeal. 
"(d) An appeal does not operate to stay the order, judgment, or 
decree appealed from, but on application and hearing whenever the 
case is properly before the appellate court, that court may order 
otherwise if suitable provision is made for the care and custody of the 
child. 
"§16-2329. Time computation 
"(a) In all proceedings in the Division, time limitations shall be 
reasonably construed by the Division for the protection of the com-
munity and of the child. 
" (b) The following periods shall be excluded in computing the time 
limits established for proceedings under this subchapter: 
" (1) The period of delay resulting from a continuance granted, 
upon grounds constituting unusual circumstances, at the request 
or with the consent, in any case, of the child or his counsel, or, in 
neglect cases, also of the parent, ^ardian, or custodian. 
" (2) The period of delay resulting from other proceedings con-
cerning the child, including but not limited to an examination or 
hearing on mental health or retardation and a hearing on a trans-
fer motion. 
" (3) The period of delay resulting from a continuance granted 
at the request of the Corporation Counsel if the continuance is 
granted because of the unavailability of evidence material to the 
case, when the Corporation Counsel has exercised due diligence 
to obtain such evidence and there are reasonable grounds to believe 
that such evidence will be available at the later date; or if the 
continuance is granted to allow the Corporation Counsel addi-
tional time to prepare his case and additional time is required due 
to the exceptional circumstances of the case. 
"(4) The period of delay resulting from the imposition of a 
consent decree. 
"(5) The period of delay resulting from the absence or un-
availability of the child. 
"(6) A reasonable period of delay when the child is joined for 
a hearing with another child as to whom the time for a hearing 
has not run and there is good cause for not hearing the cases 
separately. 
"§16-2330. Juvenile case records; confidentiality; inspection and 
disclosure 
"(a) As used in this section, the term 'juvenile case records' refers 
to the following records of a case over which the Division has juris-
diction under section 11-1101(13) : 
" 
^"'»' P* ^SS. 
"(1) Notices filed with the court by an arresting officer pur-
suant to this subchapter. 
" (2) The docket of the court and entries therein. 
"(3) Complaints, petitions, and other legal papers filed in the 
case. 
"(4) Transcripts of proceedings before the court. 
"(5) Findings, verdicts, judgments, orders, and decrees. 
"(6) Other writings filed in proceedings before the court, other 
than social records. 
540 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"(b) Juvenile case records shall be kept confidential and shall not 
be open to inspection; but, subject to the limitations of subsection (c), 
the inspection of those records shall be permitted to— 
"(1) judges and professional staff of the Superior Court; 
"(2) the Corporation Counsel and his assistants assigned to the 
Division; 
"(3) the respondent, his parents or guardians, and their duly 
authorized attorneys; 
" (4) any court or its probation staff, for purposes of sentencing 
the respondent as a defendant in a criminal case and the counsel 
for the defendant in that case; 
"(5) public or private agencies or institutions providing super-
vision or treatment or having custody of the child, if super-
vision, treatment, or custody is under order of the Division; 
"(6) the United States Attorney for the District of Columbia, 
his assistants, and any other prosecuting attorneys involved in the 
investigation or trial of a criminal case arising out of the same 
transaction or occurrence as a case in which a child is alleged to 
be delinquent; and 
"(7) other persons having a professional interest in the protec-
tion, welfare, treatment, and rehabilitation of the respondent or 
of a member of his family, or in the work of the Superior Court, 
if authorized by rule or special order of the court. 
Records inspected may not be divulged to unauthorized persons. The 
prosecuting attorney inspecting records pursuant to paragraph (6) 
of this subsection may divulge the contents to the extent required 
in the prosecution of a criminal case, and the United States Attorney 
for the District of Columbia and his assistants may inspect a tran-
script of the testimony of any witness and divulge the contents to the 
extent required by the prosecution of the witness for perjury, without, 
wherever possible, naming or otherwise revealing the identity of a 
child under the jurisdiction of the Division. 
"(c) Notwithstanding subsection (b), the Superior Court may by 
rule or special order provide that particular items or classes of items 
in juvenile case records shall not be open to inspection except pursuant 
to rule or special order; but, in dispositional proceedings after an ad-
judication, no item considered by the judge (other than identification 
of the sources of confidential information) shall be withheld from in-
spection (1) in delinquency or need of supervision cases, by the at-
torney for the child, or (2) in neglect cases, by the attorney for the 
child and an attorney for the parent, guardian, or other custodian of 
the child. 
"(d) The Superior Court may by rule or special order provide pro-
cedures for the inspection or copying of juvenile case records by per-
sons entitled to inspect them. No person receiving any record or in-
formation pursuant to this section may publish or "use it for any 
purpose other than that for which it was received without a special 
order of the court. 
"(e) No person shall disclose, inspect, or use records in violation 
of this section. 
"§ 16-2331. Juvenile social records; confidentiality; inspection 
and disclosure 
"(a) As used in this section, the term 'juvenile social records' refers 
to all social records made with respect to a child in any proceedings 
Ante, p. 488. 
over which the Division has jurisdiction under section 11-1101(13), 
including preliminary inquiries, predisposition studies, and exam-
ination reports. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
541 
"(b) Juvenile social records shall be kept confidential and shall 
not be open to inspection; but, subject to the limitations of sub-
section (c), the inspection of those records shall be permitted to— 
"(1) judges and professional staff of the Superior Court and 
the Corporation Counsel and his assistants assigned to the 
Division; 
"(2) the attorney for the child at any stage of a proceeding 
in the Division, including intake; 
"(3) any court or its probation staff, for purposes of sen-
tencing the child as a defendant in a criminal case, and, if and 
to the extent other presentence materials are disclosed to him, 
the counsel for the defendant in that case; 
"(4) public or private agencies or institutions providing 
supervision or treatment, or having custody of the child, if the 
supervision, treatment, or custody is under order of the Division; 
and 
"(5) other persons having a professional interest in the pro-
tection, welfare, treatment, and rehabilitation of the respond-
ent or of a member of his family, or in the work of the Division, 
if authorized by rule or special order of the court. 
Records inspected may not be divulged to unauthorized persons. 
"(c) Notwithstanding subsection (b), the Superior Court may by 
rule or special order provide that particular items or classes of items 
in juvenile social records shall not be open to inspection except pur-
suant to rule or special order; but, in dispositional proceedings after 
an adjudication, no item considered by the judge (other than identi-
fication of the sources of confidential information) shall be withheld 
from inspection (1) in delinquency or need of supervision cases, 
by the attorney for the child, or (2) in neglect cases, by the attorney 
for the child and an attorney for the parent, guardian, or other cus-
todian of the child. 
"(d) The Superior Court may by rule or special order provide pro-
cedures for the inspection or copying of juvenile social records by 
persons entitled to inspect them. No person receiving any record or in-
formation pursuant to this section may publish or use it for any pur-
pose other than that for which it was received without a special order 
of the court. 
"(e) No person shall disclose, inspect, or use records in violation of 
this section. 
"§ 16-2332. Police and other law enforcement records 
"(a) Law enforcement records and files concerning a child shall 
not be open to public inspection nor shall their contents or existence be 
disclosed to the public unless a charge of delinquency is transferred 
for criminal prosecution under section 16-2307, the interest of national 
security requires, or the court otherwise orders in the interest of the 
child. 
"(b) Inspection of such records and files is permitted by— 
"(1) the Superior Court, having the child currently before it 
in any proceeding; 
"(2) the officers of public and private institutions or agencies 
to which the child is currently committed, and those professional 
persons or agencies responsible for his supervision after release; 
"(3) any other person, agency or institution, by order of the 
court, having a professional interest in the child or in the work 
of the law enforcement department; 
"(4) law enforcement officers of the United States, the Dis-
trict of Columbia, and other jurisdictions when necessary for the 
discharge of their current official duties; 
542 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"(5) a court in which a person is charged with a criminal of-
fense for the purposes of determining conditions of release or bail; 
" (6) a court in which a person is convicted of a criminal offense 
for the purpose of a presentence report or other dispositional pro-
ceeding, or b^ officials of penal institutions and other penal fa-
cilities to which he is committed, or by a parole board in consid-
ering his parole or discharge or in exercising supervision over 
him; and 
"(7) the parent, guardian, or other custodian and counsel for 
the child. 
"(c) Photographs may be displayed to potential witnesses for 
identification purposes, in accordance with the standards of fairness 
applicable to adults. 
"(d) No person shall disclose, inspect, or use records or files in viola-
tion of this section. 
"§ 16-2333. Fingerprint records 
"(a) The contents or existence of law enforcement records and files 
of the fingerprints of a child shall not be disclosed by the custodians 
thereof, except— 
"(1) to a law enforcement officer of the United States, the Dis-
trict of Columbia, or other jurisdiction for purposes of the in-
vestigation and trial of a criminal offense; or 
" (2) pursuant to rule or special order of the court. 
"(b) When a child is transferred for criminal prosecution under 
section 16-2307, law enforcement records and files of his 
fingerprints 
relating to any matter so transferred shall be deemed those of an 
adult. 
"(c) No person shall disclose, inspect, or use records in violation 
of this section. 
"§ 16-2334. Sealing of records 
"(a) On motion of a person who has been the subject of a petition 
filed pursuant to section 16-2305, or on the Division's own motion, 
the Division shall vacate its order and findings and shall order the 
sealing of the case and social records referred to in sections 16-2330 
and 16-2331 and the law enforcement records and files referred to in 
section 16-2332, or those of any other agency active in the case if it 
finds that— 
"(1)(A) a neglected child has reached his majority; or 
"(B) two years have elapsed since the final discharge of the 
person from legal custody or supervision, or since the entry of 
any other Division order not involving custody or supervision; 
and 
"(2) he has not been subsequently convicted of a crime, or 
adjudicated delinquent or in need of supervision prior to the 
filing of the motion, and no proceeding is pending seeking such 
conviction or adjudication. 
"(b) Reasonable notice of a motion shall be given to— 
" (1) the person who is the subject of the petition ; 
"(2) the Corporation Counsel; 
" (3) the authority granting the discharge, if the final discharge 
was from an institution, parole, or probation; and 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
543 
"(4) the law enforcement department having custody of the 
files and records specified in section 16-2332. 
"(c) Upon the entry of the order, the proceedings in the case shall 
be treated as if they never occurred. All facts relating to the action 
including arrest, the filing of a petition, and the adjudication, filing, 
and disposition of the Division shall no longer exist as a matter of 
law. The Division, the law enforcement department, or any other de-
partment or agency that received notice under subsection (b) and was 
named in the order shall reply, and the person who is the subject 
matter of the records may reply, to any inquiry that no record exists 
with respect to such person. 
"(d) Inspection of the files and records included in the order may 
thereafter be permitted by the Division only upon motion by the 
person who is the subject of such records, and may be made only by 
those persons named in the motion; but the Division in its discre-
tion may, by special order in an individual case, permit inspection 
by or release of information in the records to persons having a pro-
fessional interest in the protection, welfare, treatment, and rehabilita-
tion of the person who is the subject of the petition or other members 
of his family. 
" (e) Any adjudication of delinquency or need of supervision or con-
viction of a felony subsequent to sealing shall have the effect of nulli-
fying the vacating and sealing order. 
"(f) A person who has been the subject of a petition filed under 
this subchapter shall be notified of his rights under subsection (a) at 
the time a dispositional order is entered and again at the time of his 
final discharge from supervision, treatment, or custody. 
"(g) No person shall disclose, receive, or use records in violation of 
this section. 
"§ 16-2335. Unlawful disclosure of records; penalties 
"Whoever willfully discloses, receives, makes use of, or knowingly 
permits the use of information concerning a child or other person in 
violation of sections 16-2330 through 16-2334, shall be guilty of a mis-
demeanor and, upon conviction thereof, shall be fined not more than 
$250 or imprisoned not more than ninety days, or both. Violations of 
this section shall be prosecuted by the Corporation Counsel in the 
name of the District of Columbia. 
"§ 16-2336. Additional powers of the Director of Social Services 
"In addition to the powers and duties prescribed in section 11-1722, ^"^^' P* sio-
the Director of Social Services shall have poAver to take into custody 
and place in detention or shelter care, in accordance with this sub-
chapter, children who are under his supervision as delinquent, in 
need of supervision, or neglected, or children who have run away from 
agencies or institutions to which they were committed under this 
subchapter. 
"§16-2337. Emergency medical treatment 
"Nothing in this subchapter shall prevent a public agency having 
custody of a child who is under the jurisdiction of the Division from 
providing the child with emergency medical treatment. 
544 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"SUBCHAPTER II.—PATERNITY PROCEEDINGS 
"§ 16-2341. Representation 
"(a) Where a public support burden has been incurred or is 
threatened, the Corporation Counsel, or any of his assistants, shall 
bring a civil action in the Family Division on behalf of any wife or 
child to enforce support of such wife or child. 
"(b) In all cases over which the Division has jurisdiction under 
An^e.p. 488. 
paragraphs (3), (4), (10), and (11) of section 11-1101, where the 
court deems it necessary and proper, an attorney shall be appointed 
by the court to represent the respondent. 
"(c) Nothing in this section shall be construed to interfere with 
the right of an mdividual to file a civil action over which the Division 
has jurisdiction under the paragraphs of section 11-1101 referred 
to in subsection (b). 
*
*
§ 16-2342. Time of bringing complaint 
"Proceedings over which the Division has jurisdiction under para-
graphs (3) and (11) of section 11-1101 to establish paternity and 
provide for the support of a child born out of wedlock may be insti-
tuted after four months of pregnancy or within two years after the 
birth of the child, or within one year after the putative father has 
ceased making contributions for the support of the child. The time 
during which the respondent is absent from the jurisdiction shall 
be excluded from the computation of the time within which a com-
plaint may be filed. 
"§lft-2343. Blood tests 
"When it is relevant to an action over which the Division has 
jurisdiction under section 11-1101, the court may direct that the 
mother, child, and the respondent submit to one or more blood tests 
to determine whether or not the respondent can be excluded as being 
the fa^^her of the child, but the results of the test may be admitted 
as evidence only in cases where the respondent does not object to its 
admissability. Where the parties cannot afford the cost of a blood 
test, the court may direct the Department of Public Health to per-
form such tests without fee. 
"§ 16-2344. Exclusion of public 
"Upon trial or proceedings over which the Division has jurisdiction 
under paragraph (3), (4), (10), or (11) of section 11-1101, the 
court may exclude the general public and, at the request of either 
party, shall exclude the general public. 
% 16-2345. New birth record upon marriage of natural parents 
"When a certified copy of a marriage certificate is submitted to the 
Director of Public Health, establishing that the previously unwed 
parents of a child born out of wedlock have intermarried subsequent 
to the birth of the child, and the paternity of the child has been ju-
dicially determined or acknowledged by the husband before the Com-
missioner of the District of Columbia or his designated agent, or has 
been acknowledged in an affidavit sworn to by the husband before a 
judge or the clerk of a court of record, or before an officer of the armed 
forces of the United States authorized to administer oaths, and the 
affidavit is delivered to the Commissioner or his designated agent, a 
new certificate of birth bearing the original date of birth and the names 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
545 
of both parents shall be issued and substituted for the certificate of 
birth then on file. The original certificate of birth and all papers per-
taining to the issuance of the new certificate shall be placed under seal 
and opened for inspection only upon order of the Family Division. 
"§ 16-2346. Reports to Director of Public Health 
" (a) Upon entry of a final judgment determining the paternity of a 
child bom out of wedlock, the clerk of the court shall forward a cer-
tificate to the Director of Public Health of the District of Columbia, 
or his authorized representative in the jurisdiction in which the child 
was born, giving the name of the person adjudged to be the father of 
the child. 
"(b) Upon receipt of the certificate provided for by subsection (a) 
of this section, the Director of Public Health or his authorized repre-
sentative shall file it with the original birth record, and thereafter 
may issue a certificate of birth registration including thereon the name 
of the person adjudged to be the father of the child. 
"§ 16-2347. Death of respondent; liability of estate 
"If the respondent dies after paternity has been established and 
prior to the time the child reaches the age of 18 years, any sums due 
and unpaid under an order of the court at the time of his death shall 
constitute a valid claim against his estate. 
"§ 16-2348. Paternity records; confidentiality; inspection and 
disclosure 
"(a) Except on order of the Familjr Division, no records in a case 
over which the Division has jurisdiction under section 11-1101(11) 
'^"'^' ^' '**^' 
shall be open to inspection by anyone other than the plaintiff, respond-
ent, their attorneys of record, or authorized professional staff of the 
Superior Court. The Family Division, upon proper showing, may 
authorize the furnishing of certified copies of the records or portions 
thereof to the respondent, the mother, or custodian of the child, a party 
in inJerest, or their duly authorized attorneys. Certified copies of the 
records or portions thereof may be furnished, upon request, to the 
Corporation Counsel for use as evidence in nonsupport proceedings 
and to the Director of Public Health as provided by section 
16-2846 (a). 
"(b) No person shall disclose, receive, or use records in violation of 
this section. Whoever willfully discloses, receives, makes use of, or 
knowingly permits the use of information in violation of this section 
shall be guilty of a misdemeanor and, upon conviction thereof, shall 
be fined not more than $250 or imprisoned not more than ninety days, 
or both. Violations of this section shall be prosecuted by the Corpora-
tion Counsel in the name of the District of Columbia." 
(b) The item relating to chapter 23 in the analysis of title 16 of the 
District of Columbia Code is amended by striking out "Juvenile Court" 
and inserting in lieu thereof "Family Division". 
PART C—INTRAFAMILY OFFENSES ; JURISDICTION AND PROCESS OUTSIDE 
THE DISTRICT OF COLUMBIA; COMPETENCY OF WITNESSES 
INTRAFAMILY OFFENSES 
SEC. 131. (a) Title 16 of the District of Columbia Code is amended 
by inserting after chapter 9 the following new chapter: 
hlcl^c'de^' 
16-901. 
77 Stat. 536. 
546 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"Chapter 10.—PROCEEDINGS REGARDING INTRAFAMILY 
OFFENSES 
"Sec. 
"16-1001. Definitions. 
"16-1002. Complaint of criminal conduct; referrals to Family Division. 
"16-1003. Petition for civil protection. 
"16-1004. Petition; notice; temporary order. 
"16-1005. Hearing; evidence; protection order. 
"16-1006. Dismissal of petition; notice. 
"§ 16-1001. Definitions 
"For purposes of this chapter: 
"(1) The term 'intrafamily offense' means an act, punishable as a 
criminal offense, committed— 
"(A) by one spouse against the other; 
"(B) by a parent, guardian, or other legal custodian against a 
child; or 
"(C) by one person against another person with whom he 
shares a mutual residence and is in a close relationship rendering 
the application of this chapter appropriate. 
"(2) The terms'complainant'and'family member'include any in-
dividual in the relationship described in paragraph (1). 
"(3) The term 'Family Division' means the Family Division of 
the Superior Court of the District of Columbia. 
"(4) The term 'Director of Social Services' means the Director of 
Social Services in the Superior Court of the District of Columbia. 
"§16-1002. Complaint of criminal conduct; referrals to Family 
Division 
"(a) If, upon the complaint of any person of criminal conduct by 
another or the arrest of a person charged with criminal conduct, it 
appears to the United States Attorney for the District of Columbia 
(hereafter in this chapter referred to as the 'United States attorney') 
that the conduct involves an intrafamily offense, he shall notify the 
Director of Social Services. The Director of Social Services may in-
vestigate the matter and make such recommendations to the United 
States attorney as the Director deems appropriate. 
"(b) The United States attorney may also (1) file a criminal charge 
based upon the conduct and may consult with the Director of Social 
Services concerning appropriate recommendations for conditions of 
release taking into account the intrafamily nature of the offense; or 
(2) refer the matter to the Corporation Counsel for the filing of a 
petition for civil protection in the Family Division. Prior to any such 
referral, the United States attorney shall consult with the Director of 
Social Services concerning the appropriateness of the referral. A re-
ferral to the Corporation Counsel by the United States attornev shall 
not preclude the United -States attorney from subsequently ming a 
criminal charge based upon the conduct, if he deems it appropriate, 
bvit no criminal charge may be filed after the Family Division begins 
receiving evidence pursuant to section 16-1005. 
"§16-1003. Petition for civil protection 
"(a) Upon referral by the United States attorney, or upon applica-
tion of any person or agency for a civil protection order with respect 
to an intrafamily offense committed or threatened, the Corporation 
Counsel may file a petition for civil protection in the Family Division. 
"(b) In any matter referred to the Corporation Counsel by the 
United States attorney in which the Corporation Counsel does not file 
a petition, he shall so notify the United States attorney. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
547 
"§ 16-1004. Petition; notice; temporary order 
" (a) Upon a filing of a petition for civil protection by the Corpora-
tion Counsel, the Family Division shall set the matter for hearing, 
consolidating it, where appropriate, with other matters before the 
Family Division involving members of the same family. 
"(b) The Family Division shall cause notice of the hearing to be 
served on the respondent, the complainant and, if appropriate, the 
family member endangered (or, if a child, the person then having 
physical custody of the child), the Director of Social Services, and 
the Corporation Counsel. The respondent shall be served with a copy 
of the petition together with the notice and shall be directed to appear 
at the hearing. The Family Division may also cause notice to be served 
on other members of the family whose presence at the hearing is neces-
sary to the proper disposition of the matter. 
"(c) If, upon the filing of the petition, the Division finds that the 
safety or welfare of a family member is immediately endangered by 
the respondent, it may, ex parte, issue a temporary protection order 
of not more than ten days duration and direct that the order be served 
along with the notice required by this section. 
"§ 16-1005. Hearing; evidence; protection order 
"(a) Members of the family receiving notice shall appear at the 
liearing. In addition to the parties, the Corporation Counsel and the 
Director of Social Services may present evidence at the hearing. 
"(b) Notwithstanding section 14-306, in a hearing under this sec- 
^^ ^
*
^
*
* ^^^* 
tion, one spouse shall be a competent and compellable witness against 
the other and may testify as to confidential communications, but testi-
mony compelled over a claim of a privilege conferred by such section 
shall be inadmissible in evidence in a criminal trial over the objection 
of a spouse entitled to claim that privilege. 
"(c) If, after hearing, the Family Division finds that there is good 
cause to believe the respondent has committed or is threatening an 
intrafamily offense, it may issue a protection order— 
"(1) directing the respondent to refrain from the conduct com-
mitted or threatened and to keep the peace toward the family 
member; 
"(2) requiring the respondent, alone or in conjunction with 
any other member of the family befoi'e the court, to participate 
in psychiatric or medical treatment or appropriate counseling 
programs; 
"(3) directing, where appropriate, that the respondent avoid 
the presence of the family member endangered; 
"(4) directing the respondent to perform or refrain from other 
actions as may be appropriate to the effective resolution of the 
matter; or 
"(5) combining two or more of the directions or requirements 
prescribed by the preceding paragraphs. 
"(d) A protection order issued pursuant to this section shall be 
effective for such period up to one year as the Family Division may 
specify, but the Family Division may, upon motion of any party to 
the original proceeding, extend, rescind, or modify the order for good 
cause shown. 
"(e) Any final order issued pursuant to this section and any order 
granting or denying extension, modification, or rescission of such 
order shall be appealable. 
548 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"(f) Violation of any temporary or permanent order issued under 
this chapter and failure to appear as provided in subsection (a) shall 
be punishable as contempt. 
"§ 16-1006. Dismissal of petition; notice 
"(a) The Family Division may dismiss a petition if the matter is 
not appropriate for disposition in the Family Division. 
"(bj If a petition dismissed under subsection (a) was originated 
by reierral from the United States attorney, and the dismissal was 
prior to the receipt of evidence pursuant to section 16-1005, the Family 
Division shall notify the United States attorney of the dismissal." 
(b) The analysis of title 16 is amended by adding after the item 
relating to chapter 9 the following: 
77 Stat. 536. 
"iQ. Proceedings Regarding Intrafamily Offenses 
10-1001". 
JURISDICTION AND PROCESS OUTSIDE THE DISTRICT OF COLUMBIA 
SEC. 132. (a) Title 13 of the District of Columbia Code is amended 
Dx^.^^odi^iV 
by inserting after chapter 3 the following new chapter: 
30l! 
"Chapter 4.—CIVIL JURISDICTION AND SERVICE 
OUTSIDE THE DISTRICT OF COLUMBIA 
" S U B C H A P T E R I.—GENERAL PROVISIONS 
**S6C. 
"13-401. Relation to other provisions of law. 
"13-402. Uniformity of interpretation. 
"SUBCHAPTER 11. 
BASES OF PERSONAL JURISDICTION OVER PERSONS OUTSIDE T H E 
DISTRICT OF COLUMBIA 
"13-421. Definition of person. 
"13-422. Personal jurisdiction based upon enduring relationship. 
"13-423. Personal jurisdiction based upon conduct. 
"13-424. Service outside the District of Columbia. 
"13^25. Inconvenient forum. 
" S U B C H A P T E R 
III.—SERVICE OUTSIDE T H E DISTRICT OF 
COLUMBIA 
"13-431. Manner and proof of service. 
"13-432. Individuals eligible to make service. 
"13-433. Individuals to be served; special cases. 
"13-434. Assistance to tribunals and litigants outside the District of Columbia. 
"SUBCHAPTER L—GENERAL PROVISIONS 
"§ 13-401. Relation to other provisions of law 
"Except in cases of irreconcilable conflict, this chapter shall be 
construed to augment, and not to repeal, any other law of the District 
of Columbia authorizing another basis of jurisdiction or permitting 
another procedure for service in civil proceedings in the District of 
Columbia courts. 
"§ 13-402. Uniformity of interpretation 
"When the statutory language so permits, this chapter shall be so 
interpreted and construed as to make it uniform with the laws of 
those jurisdictions which enact in comparable form the first two 
9B u.L.A. 
articles of the Uniform Interstate and International Procedure Act. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
549 
"SUBCHAPTER II.—BASES OF PERSONAL JURISDICTION 
OVER PERSONS OUTSIDE T H E DISTRICT OF COLUMBIA 
"§ 13-421. Definition of person 
"As used in this subchapter, the term 'person' includes an individual, 
his executor, administrator, or other personal representative, or a 
corporation, partnership, association, or any other legal or commercial 
entity, whether or not a citizen or domiciliary of the District of Co-
lumbia and whether or not organized under the laws of the District of 
Columbia. 
"§ 13-422. Personal jurisdiction based upon enduring relationship 
"A District of Columbia court may exercise personal jurisdiction 
over a person domiciled in, organized under the laws of, or maintain-
ing his or its principal place of business in, the District of Columbia 
as to any claim for relief. 
*^§ 13-423. Personal jurisdiction based upon conduct 
"(a) A District of Columbia court may exercise personal jurisdic-
tion over a person, who acts directly or by an agent, as to a claim for 
relief arising from the person's— 
"(1) transacting any business in the District of Columbia; 
"(2) contracting to supply services in the District of Colum-
bia; 
"(3) causing tortious injury in the District of Columbia by 
an act or omission in the District of Columbia; 
"(4) causing tortious injury in the District of Columbia by an 
act or omission outside the District of Columbia if he regularly 
does or solicits business, engages in any other persistent course of 
conduct, or derives substantial revenue from goods used or con-
sumed, or services rendered, in the District of Columbia; 
"(5) having an interest in, using, or possessing real property 
in the District of Columbia; or 
" (6) contracting to insure or act as surety for or on any person, 
property, or risk, contract, obligation, or agreement located, 
executed, or to be performed within the District of Columbia at 
the time of contracting, unless the parties otherwise provide in 
writing. 
"(b) When jurisdiction over a person is based solely upon this 
section, only a claim for relief arismg from acts enumerated in this 
section may be asserted against him. 
"§ 13-424. Service outside the District of Columbia 
"When the exercise of personal jurisdiction is authorized by this 
subchapter, service may be made outside the District of Columbia. 
"§ 13-425. Inconvenient forum 
"When any District of Columbia court finds that in the interest of 
substantial justice the action should be heard in another forum, the 
court may stay or dismiss such civil action in whole or in part on any 
conditions that may be just. 
"SUBCHAPTER III.—SERVICE OUTSIDE T H E DISTRICT 
OF COLUMBIA 
"§ 13-431. Manner and proof of service 
"(a) When the law of the District of Columbia authorizes service 
outside the District of Columbia, the service, when reasonably calcu-
lated to give actual notice, may be made— 
550 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"(1) by personal delivery in the manner prescribed for service 
within the District of Columbia; 
" (2) in the manner prescribed by the law of the place in which 
the service is made for service in that place in an action in any 
of its courts of general jurisdiction; 
"(3) by any form of mail addressed to the person to be served 
and requiring a signed receipt; or 
"(4) as directed by the foreign authority in response to a letter 
rogatory. 
"(b) Proof of service outside the District of Columbia may be 
made by affidavit of the individual who made the service or in the 
manner prescribed by the law of the District of Columbia, the order 
pursuant to which the service is made, or the law of the place in 
which the service is made for proof of service in an action in any 
of its courts of general jurisdiction. When service is made by mail, 
proof of service shall include a receipt signed by the addressee or 
other evidence of personal delivery to the addressee satisfactory to 
the court. 
"§ 13-432. Individuals eligible to make service 
"Service outside the District of Columbia may be made by an 
individual who is permitted to make service of process under the 
law of the District of Columbia or under the law of the place in which 
the service is made or who is designated by a District of Columbia 
court. 
"§ 13-433. Individuals to be served; special cases 
"When the law of the District of Columbia requires that' in order 
to effect service one or more designated individuals be served, service 
outside the District of Columbia under this article must be made upon 
such designated individual or individuals. 
"§ 13-434. Assistance to tribunals and litigants outside the Dis-
trict of Columbia 
"(a) A District of Columbia court may order service upon any 
person who is domiciled or can be found within the District of 
Columbia of any document issued in connection with a proceeding 
in a tribunal outside the District of Columbia. The order may be made 
upon application of any interested person or in response to a letter 
rogatory issued by a tribunal outside the District of Columbia and 
shall direct the manner of service. 
"(b) Service in connection with a proceeding in a tribunal out-
side the District of Columbia may be made within the District of 
Columbia without an order of court. 
"(c) Service under this section does not, of itself, require the 
recognition or enforcement of an order, judgment, or decree rendered 
outside the District of Columbia." 
77 Stat. 511. 
(b) The analysis of title 13 is amended by inserting after the item 
relating to chapter 3 the following new item: 
"4. Civil Jurisdiction and Service Outside the District of Columbia 
13--i01". 
COMPETENCY OE 
WITNESSES 
Sec. 133. (a) Section 14-305 of title 14 of the District of Columbia 
77 Stat. 519. 
Code is amended to read as follows: 
"§ 14-305. Competency of witnesses; impeachment by evidence of 
conviction of crime 
"(a) No person is incompetent to testify, in either civil or criminal 
proceedings, by reason of his having been convicted of a criminal 
offense. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
551 
"(b) (1) Except as provided in paragraph (2), for the purpose of 
attacking the credibility of a witness, evidence that the witness has 
been convicted of a criminal offense shall be admitted if offered, either 
upon the cross-examination of the witness or by evidence aliunde, but 
only if the criminal offense (A) was punishable by death or imprison-
ment in excess of one year under the law under which he was con-
victed, or (B) involved dishonesty or false statement (regardless of 
punishment). A party establishing conviction by means of cross-
examination shall not be bound by the witness' answers as to matters 
relating to the conviction. 
"(2) (A) Evidence of a conviction of a witness is inadmissible under 
this section if— 
"(i) the conviction has been the subject of a pardon, annulment, 
or other equivalent procedure granted or issued on the basis of 
innocence, or 
"(ii) the conviction has been the subject of a certificate of re-
habilitation or its equivalent and such witness has not been con-
victed of a subsequent criminal offense. 
"(B) In addition, no evidence of any conviction of a witness is 
admissible under this section if a period of more than ten years has 
elapsed since the later of (i) the date of the release of the witness from 
confinement imposed for his most recent conviction of any criminal 
offense, or (ii) the expiration of the period of his parole, probation, 
or sentence granted or imposed with respect to his most recent con-
viction of any criminal offense. 
"(c) For purposes of this section, to prove conviction of crime it is 
not necessary to produce the whole record of the proceedings contain-
ing the conviction, but the certificate, under seal, of the clerk of the 
court wherein the proceedings were had, stating the fact of the con-
viction and for what cause, shall be sufficient. 
"(d) The pendency of an appeal from a conviction does not render 
evidence of that conviction inadmissible under this section. Evidence 
of the pendency of such an appeal is admissible." 
(b) The item relating to section 14-305 in the analysis of chapter 3 
of such title 14 is amended to read as follows: 
^^ ^*^*' ^is. 
"14-305. Comi)etency of witnesses; impeachment by evidence of conviction of 
crime." 
PARTD—CONFORMING AMENDMENTS 
Subpart 1—Amendments to District of Columbia Code 
AMENDMENTS TO TITUJ 12 
SEC. 141. Title 12 of the District of Columbia Code is amended as 
J^V^'n" i^'Vo. 
follows: 
101. 
(1) Section 12-102 is amended to read as follows: 
"§ 12-102. Substitution of parties 
"The substitution of parties in civil actions in the United States Dis-
trict Court for the District of Columbia and the Superior Court of 
the District of Columbia is governed by the Federal Rules of Civil 
Procedure." 
28 use app. 
(2) Section 12-309 is amended by striking out "Board of Commis-
sioners" and inserting in lieu thereof "Commissioner". 
47-348 O - 72 - 39 (Pt. 1) 
552 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
AMENDMENTS TO TITLE 
13 
77 Stat. 511. 
SEC. 142. Title 13 of the District of Columbia Code is amended as 
follows: 
D.^c.^ c^ode 
(1) (A) Chapter 1 is repealed. 
13-ioi. 
(B) The analysis of title 13 is amended by striking out the item 
relating to chapter 1. 
(2) Section 13-301 is amended to read as follows: 
"§13-301. Courts to which applicable 
"Except as otherwise specifically provided by law or rules of court, 
this chapter applies to the District of Columbia courts." 
(3) Section 13-302 is amended by striking out ", and the District 
of Columbia Court of General Sessions, including the Domestic Rela-
tions Branch thereof" and inserting in lieu thereof "and the Superior 
Court of the District of Columbia". 
(4) Section 13-331(1) is amended by inserting "chapter 4 of this 
title or," after "including". 
^«p«^^* 
(5) (A) Chapter 7 is repealed. 
(B) The analysis of title 13 is amended by striking out the item 
relating to chapter 7. 
AMENDMENTS TO TITLE 
14 
D^c.'code V4- 
SEC. 143. Title 14 of the District of Columbia Code is amended as 
101! ' 
follows: 
(1) Section 14-103 is amended by striking out the period at the end 
thereof and inserting in lieu thereof ", or by leave of a judge of the 
Superior Court of the District of Columbia in the manner prescribed 
by the rules of that court." 
(2) (A) Section 14-104 is amended— 
(i) by striking out "Court of General Sessions" in the section 
heading and inserting in lieu thereof "Superior Court"; 
(ii) oy striking out "District of Columbia Court of General 
Sessions" and inserting in lieu thereof "Superior Court of the 
District of Columbia"; and 
(iii) by striking out all after the first sentence and inserting 
in lieu thereof "The testimony shall be taken as provided in the 
rules of the Superior Court." 
(B) The item relating to section 14—104 in the analysis of chapter 1 
is amended by striking out "Court of General Sessions" and inserting 
in lieu thereof "Superior Court". 
(3) Section 14-307 is amended— 
(A) by striking out "courts of the District of Columbia" in 
subsection (a) and inserting in lieu thereof "Federal courts in the 
District of Columbia and District of Columbia courts"; 
(B) by inserting "or where the court is required under prevail-
ing law to raise the defense sua sponte" immediately after "where 
the accused raises the defense of insanity" in subsection (b) (2); 
and 
(C) by striking out "or" at the end of paragraph (1) of sub-
section (b), by striking out the period at the end of paragraph 
(2) of such subsection and inserting in lieu thereof "; or", and 
by adding after paragraph (2) the following new paragraph: 
"(3) evidence relating to the mental competency or sanity of 
a child alleged to be delinquent, neglected, or in need of super-
vision in any proceeding oefore the Family Division of the 
Superior Court." 
Repeal. 
77 Stat. ;i24. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
553 
(4) Section 14-309 is amended bj^ striking out "courts of the Dis- 
D!c.'?ode^'iV 
trict of Columbia'' and inserting in lieu thereof "Federal courts in the 309*. 
District of Columbia and District of Columbia courts". 
(5) Section 14-503 is amended by striking out "the United States 
District Court for the District of Columbia, or by the former orphans' 
court of the District" and inserting in lieu thereof "a court in the 
District of Columbia". 
(6) Section 14-505 is amended by striking out "by the secretary or 
an assistant secretary of the Board of Commissioners" and substitut-
ing in lieu thereof "as provided by the Commissioner". 
AMENDMENTS TO TITLE 15 
SPX'. 144. Title 15 of the District of Columbia Code is amended as 
o^c^.'^ode^^* 
follows: 
15-ioi. 
(1) Paragraph (2) of section 15-101 (a) is amended to read as 
82 stat. 42. 
follows: 
" (2) Superior Court of the District of Columbia,". 
(2) Section 15-102 is amended by striking out "District of Colum-
bia Court of General Sessions" wherever it appears and inserting in 
lieu thereof "Superior Court of the District of Columbia". 
(3) Sections 15-108 and 15-111 are each amended by inserting "or ^^^ ^*^*' ^'77' 
tlie Superior Court of the District of Columbia" after "District of 
Columbia". 
(4) (A) Subchapter I I of chapter 1 is repealed, 
(B) Chapter 1 is amended by striking out the heading "SUB- D.C. code i's-
CHAPTER I.—GENERALLY". 
^^i to 15-133. 
((') The analysis of chapter 1 is amended by striking out the head-
ing "SUBCHAPTER I.—(JENERALLY" and by striking out the matter re-
lating to subchapter II. 
(5) Section 15-307 is amended by inserting "or the Superior Court 
of the District of Columbia" after "United States District Court for 
the District of Columbia". 
(6) (A) Section 15-310 is repealed. 
^^'"'^^' 
(B) Section 15-301 is amended by striking out "15-310,". 
(C) The analysis for chapter 3 is amended by striking out the item 
relatiiiij to section 15-310. 
(7) Sections 15-311,15-318, and 15-320 are each amended by strik- ^^^l,f,^^l}^^j 
ing out "District of (^olumbia Court of General Sessions" and insert-
ing in lieu thereof "Superior Court of the District of Columbia". 
(8) (A) Subchapter I I of chapter 5 is amended— 
52K'=' ""^"^ '^ 
(i) by striking out "District of Columbia Court of General Ses-
sions" in sections 15-521 and 15-522 and inserting in lieu thereof 
"Superior C^ourt of the District of Columbia"; and 
(ii) by striking out in the subchapter heading "COURT OF GEN-
ERAL SESSIONS" and inserting in lieu thereof "SUPERIOR COURT". 
(B) The analysis of chapter 5 is amended by striking out in the 
lieading relating to subchapter I I "COURT or GENERAL SESSIONS" and 
inserting in lieu thereof "SUPERIOR COLTRT". 
(9) Section 15-706 (a) is amended— 
(A) by striking out paragraph (14), 
(B) by inserting "and" at the end of paragraph (13), and 
(C) by redesignating paragraph (15) as paragraph (14). 
(10) (A) Section 15-707 is amended to read as follows: 
"§ 15-707. Probate fees 
"(a) Except as provided in subsection (b), the Register of Wills 
may demand and receive in advance for services performed by him 
such fees as shall be set by the Superior Court. 
554 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"(b) Where the estate does not exceed two hundred dollars in value 
the Register of Wills shall receive no fees, and where the estate does 
not exceed five hundred dollars in value the fees may not exceed ten 
dollars." 
7
7 Stat. 531. 
(g) The item relating to section 15-707 in the analysis of chapter 
7 is amended by striking out "Court". 
7
7 Stat. 535. 
^^^ ^^^ Sectlon 15-708 is amended by striking out "the probate 
court" in the first sentence and inserting in lieu thereof "probate", and 
by striking out "court" in the section heading. 
(B) The item relating to section 15-708 in the analysis of chapter 7 
is amended by striking out "court". 
(12) (A) Section 15-709 is amended— 
(i) by striking out "District of Columbia Court of General 
Sessions" and inserting in lieu thereof "Superior Court of the 
District of Columbia", 
(ii) by striking out "the Court of General Sessions" and insert-
ing in lieu thereof "the Superior Court", 
(iii) by amending subsection (b) to read as follows: 
"(b) Fees for services by the United States marshals for processes 
issued by the Superior Court shall be prescribed by rules of that 
court."; and 
(iv) by amending the section heading to read as follows: 
"§ 15-709. Fees and costs in Superior Court 
(B) The item relating to section 15-709 in the analysis of chapter 7 
is amended to read as follows: 
"15-709. Fees and costs in Superior Court." 
^*p*^^* 
(13) Section 15-710 is repealed and the item relating to that section 
in the analysis of chapter 7 is repealed. 
(14) (A) Sections 15-711,15-712, and 15-713 are each amended by 
striking out "District of Columbia Court of General Sessions" and in-
serting in lieu thereof "Superior Court of the District of Columbia". 
(B) The section heading for each of those sections and the items 
relating to those sections in the analysis of chapter 7 are each amended 
by striking out "Court of General Sessions" and inserting in lieu 
thereof "Superior Court". 
81 Stat. 742. 
(15) (A) Section 15-714 is amended— 
(i) by striking out "District of Columbia Court of General 
Sessions" in subsections (a) and (b) and inserting in lieu thereof 
"Superior Court of the District of Columbia"; 
(ii) by adding after subsection (b) the following new subsec-
tion: 
"(c) No travel allowance shall be paid to any witness residing with-
in the District of Columbia."; and 
(iii) by striking out "Court of General Sessions" in the sec-
tion heading and inserting in lieu thereof "Superior Court". 
(B) The item relating to section 15-714 in the analysis of chapter 7 
is amended by striking out "Court of General Sessions" and inserting in 
lieu thereof "Superior Court". 
^^P""^' 
(16) Section 15-716 is repealed and the item relating to that section 
in the analysis of chapter 7 is repealed. 
8
0 Stat. 265. 
(17) Section 15-717 is amended hj striking out "District of Colum-
bia Court of General Sessions" and inserting in lieu thereof "Superior 
Court of the District of Columbia". 
D.C. code 
16-501. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
555 
x\MENDMENTS TO TITLE 
16 
SEC. 145. (a) Chapter 3 of title 16, District of Columbia Code, is 
D^c.^cod""' 
amended as follows: 
16-30i. 
(1) Section 16-301 is amended— 
(A) by striking out "Domestic Relations Branch of the Dis-
trict of Columbia Court of General Sessions" in subsection (a) 
and inserting in lieu thereof "Superior Court of the District of 
Columbia"; and 
(B) by striking out "Commissioners" in subsection (b) (3) and 
inserting in lieu thereof "Commissioner". 
(2) Sections 16-304, 16-305, 16-307, and 16-314 are each amended 
by striking out "Board of Commissioners'" and "Board" each place 
they appear and inserting in lieu thereof "Commissioner". 
(b) Chapter 5 of title 16, District of Columbia Code, is amended as 
follows: 
(1) Sections 16-501 and 16-502 are each amended by striking out 
^9 stat. 447. 
"District of Columbia Court of General Sessions" and inserting in lieu 
thereof "Superior Court of the District of Columbia". 
(2) Sections 16-516 and 16-549 are each amended by striking out ^J^ ^*^*' ^^s, 
"Probate Court" and inserting in lieu thereof "Superior Court". 
(3) (A) Sections 16-533 and 16-578 are each amended (i) by strik-
ing out "District of Columbia Court of General Sessions" and inserting 
in lieu thereof "Superior Court of the District of Columbia", and (ii) 
by striking out "Court of General Sessions" in the section headmg 
and inserting in lieu thereof "Superior Court". 
(B) The items relating to such sections in the analysis of chapter 
5 are each amended by striking out "Court of General Sessions" and 
inserting in lieu thereof "Superior Court". 
(4) Section 16-578 is amended (A) by striking out "docketed in the 
Ignited States District Court for the District of Columbia" and in-
serting in lieu thereof "filed and recorded", (B) by striking out "six 
years" and inserting in lieu thereof "twelve years", and (C) by striking 
out "section 15-132(a)" and inserting in lieu thereof "section 15-
101". 
(5) Section 16-581 is amended by striking out "District of Colum-
bia Court of General Sessions" and inserting in lieu thereof "Superior 
Court of the District of Columbia". 
(c) Section 16-601 of the District of Columbia Code is amended— 
(1) by striking out ", or a judge thereof," in the first sentence 
of the first paragraph and inserting in lieu thereof "or the Su-
perior Court of the District of Columbia,", and 
(2) by striking out "has" in the first sentence of the second 
paragraph and inserting in lieu thereof the following: "(as speci-
fied in section 11-501) and the Superior Court of the District 
Ante. p. 476. 
of Columbia (as specified in section 11-921) have". 
"*"'*» P* ^^'*' 
(d) Chapter 7 of title 16, District of Columbia Code, is amended 
7? stat. 557. 
as follows: 
(1) Section 16-701 is amended to read as follows: 
"§ 16-701. Rules and regulations 
"The Superior Court may make such rules and regulations for con-
ducting business in the Criminal Division of the court, consistent with 
statutes applicable to such business and in the manner provided in 
section 11-946, as it may deem necessary and proper." 
•*"**' P* '*8'* 
(2) (A) Section 16-702 is amended to read as follows: 
"§ 16-702. Prosecution by indictment or information 
"An offense prosecuted in the Superior Court which may be pun-
ished by death shall be prosecuted by indictment returned by a grand 
jury. An offense which may be punished by imprisonment for a term 
78 Stat. 678. 
556 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
exceeding one year shall be prosecuted by indictment, but it may be 
prosecuted by information if the defendant, after he has been advised 
of the nature of the charge and of his rights, waives in open court 
prosecution by indictment. Any other offense may be prosecuted by 
indictment or by information. An information subscribed by the proper 
prosecuting officer may be filed without leave of court." 
(B) The item relating to section 16-702 in the analysis of chapter 
7 is amended to read as follows: 
"16-702. Prosecution by indictment or information." 
77 Stat. 558. 
(3) Section 16-703 is amended to read as follows: 
"§ 16-703. Process of Criminal Division; fees 
" (a) The Criminal Division of the Superior Court may issue process 
for the arrest of a person against whom an indictment is returned, an 
information is filed, or a complaint under oath is made. 
"(b) Process shall— 
"(l) be under the seal of the court; 
"(2) bear teste in the name of a judge of the court, and 
"(3) be signed by a clerk or employee of the court authorized 
to administer oaths. 
"(c) In cases arising out of violations of any of the ordinances of 
the District of Columbia, process shall be directed to the Chief of 
Police, who shall execute the process and make return thereof in like 
manner as in other cases. 
"(d) In all other criminal cases, the process issued by the Superior 
Court may be directed to the United States marshal or to the Chief 
of Police. 
"(e) For services pursuant to subsection (d) of this section the 
Ante, p, 554. 
marshal shall receive the fees prescribed by section 15-709(b) (2)." 
(4) Section 16-705 is amended to read as follows: 
"§ 16-705. Jury trial; trial by court 
"(a) In a criminal case tried in the Superior Court in which, ac-
cording to the Constitution of the United States, the defendant is en-
titled to a jury trial, the trial shall be by jury, unless the defendant 
in open court expressly waives trial by jury and requests trial by the 
court, and the court and the prosecuting officer consent thereto. In the 
case of a trial without a jury, the trial shall be by a single judge, 
whose verdict shall have the same force and effect as that of a jury. 
"(b) In any case where the defendant is not under the Constitu-
tion of the United States entitled to a trial by jury, the trial shall be 
by a single judge without a jury, except that if— 
"(1) the case involves an offense which is punishable by a fine 
or penalty of more than $300 or by imprisonment for more than 
ninety days (or for more than six months in the case of the 
offense of contempt of court), and 
" (2) the defendant demands a trial by jury and does not subse-
quently waive a trial by jury in accordance with subsection (a), 
the trial shall be by jury. 
"(c) The jury shall consist of twelve persons, unless the parties, 
with the approval of the court and in the manner provided by rules of 
the court, agree to a number less than twelve." 
77 Stat. 559. 
(5) Sectlou 16-706 is amended to read as follows: 
*'§ 16-706. Enforcement of judgments; commitment upon non-
payment of fine 
"The Superior Court may enforce any of its judgments rendered 
in criminal cases by fine or imprisonment, or both. Except as otherwise 
provided by law, and subject to the relief provided in section 3569 of 
62 Stat. 838. 
title 18, United States Code, in any case where the court imposes a 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
557 
fine, the court may, in the event of default in the payment of the fine 
imposed, commit the defendant for a term not to exceed one year." 
(6) Sections 16-704, 16-707, 16-709, and 16-710 are each amended 
by striking out "Court of General Sessions" and "District of Columbia 
Court of General Sessions" wherever they appear and inserting in lieu 
thereof "Superior Court of the District of Columbia". 
(7) The heading of chapter 7 is amended by striking out "COURT 
OF GENERAL SESSIONS" and inserting in lieu thereof "SUPE-
RIOR COURT". 
(e) Chapter 9 of title 16, District of Columbia Code, is amended as 
follows: 
(1) Section 16-901 is amended by striking out "Domestic Relations 
Branch of the District of Columbia Court of General Sessions" and 
inserting in lieu thereof "Superior Court of the District of Columbia". 
(2) (A) Section 16-916 is amended— 
(i) by redesignating subsection (c) as subsection (d) and by 
adding after subsection (b) the following new subsection: 
"(c) Whenever any father or mother shall fail to maintain his or 
her minor child or children, the court may decree that he or she shall 
pay reasonable sums periodically for the support and maintenance of 
his or her child or children, and the court may decree that the father 
or mother pay court costs, including counsel fees, to enable plaintiff to 
conduct the cases.", and 
(ii) by amending the section heading to read as follows: 
"§ 16-916. Maintenance of wife and minor children; maintenance 
of former wife; maintenance of minor children; en-
forcement". 
(B) The item relating to section 16-916 in the analysis of chapter 
9 is amended to read as follows: 
"16-916. Maintenance of wife and minor children; maintenance of former wife; 
maintenance of minor children ; enforcement." 
(3) (A) Section 16-918 is amended to read as follows: 
*'§ 16-918. Appointment of counsel; compensation 
"(a) In all uncontested divorce cases, and in any other divorce or 
annulment case where the court deems it necessary or proper, a dis-
interested attorney shall be appointed by the court to enter his appear-
ance for the defendant and actively defend the cause. 
"(b) In any proceeding wherein the custody of a child is in ques-
tion, the court may appoint a disinterested attorney to appear on behalf 
of the child and represent his best interests. 
"(c) An attorney appointed under this section may receive such 
compensation for his services as the court determines to be proper, 
which the court may direct to be paid by the parties." 
(B) The item relating to section 16-918 in the analysis of chapter 
9 is amended to read as follows: 
"16-918. Appointment of counsel; compensation." 
(f) Chapter 13 of title 16, District of Columbia Code, is amended 
as follows: 
(1) Section 16-1301 is amended to read as follows: 
"§ 16-1301. Jurisdiction of District Court 
"The United States District Court for the District of Columbia has 
exclusive jurisdiction of all proceedings for the condemnation of real 
property authorized by subchapters IV and V of this chapter, with 
full power to hear and determine all issues of law and fact that may 
arise in the proceedings." 
(2) Subchapter I is amended by adding at the end thereof the fol-
lowing new section: 
77 Stat. 558. 
77 Stat. 560. 
D.C. Code 
16-901. 
79 Stat. 889. 
D.C. Code 
16-1301. 
77 Stat. 577; 
Post, p. 559, 
D.C. code 16-
1351, 16-1381. 
558 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"§ 16-1303. Jurisdiction of Superior Court 
"The Superior Court of the District of Columbia has jurisdiction 
of all proceedings for the condemnation of real property authorized 
D!C? codJ^i*6- 
^y subchapters I I and I I I of this chapter with full power to hear and 
1311 and 16-1331. determine all issues of law and fact that may arise in the proceedings." 
(3) Section 16-1311 is amended— 
(A) by striking out "Board of Commissioners" and inserting 
in lieu thereof "Commissioner", 
(B) by striking out "United States District Court for the 
District of Columbia" and inserting in lieu thereof "Superior 
Court", 
(C) by striking out "name of the Board" and inserting in 
lieu thereof "name of the District of Columbia", and 
(D) by striking out "Board of Commissioners** in the head-
ing and inserting in lieu thereof "District of Columbia'*. 
82 Stat. 63. 
^4.^ Sectiou 16-1312 is amended to read as follows: 
"§ 16-1312. Juries for condemnation proceedings 
"For purposes of this subchapter, a special jury list shall be pre-
pared of not less than one hundred persons who are qualified jurors 
in the District of Columbia. When a jury is required for a condemna-
tion proceeding under this subchapter, the names of such number of 
persons as may be necessary shall be selected from this list by lot and 
furnished to the Superior Court." 
77 Stat. 573. 
(5\ Section 16-1314(a) is amended by striking out "members of 
the Board of Commissioners" in the first sentence and inserting in 
lieu thereof "Commissioner", and by striking out "Commissioners" 
in paragraph (,5) of the second sentence and inserting in lieu thereof 
"Commissioner". 
(6) The third sentence of section 16-1318 is amended to read as fol-
lows; "If the appraisement is vacated and set aside, the court shall 
order the necessary number of new persons selected from the special 
jury list and, from among the persons so selected, shall appoint a new 
jury of five capable and disinterested persons who shall proceed as 
in the case of the first jury." 
(7) Sections 16-1319, 16-1321 j and 16-1336 are each amended by 
striking out "Board of Commissioners" and inserting in lieu thereof 
" Commissioner". 
(8) Section 16-1331 is amended by striking out "Board of Com-
missioners of the District of Columbia, and agencies of the United 
States authorized by law to acquire real property," and inserting in 
lieu thereof "Commissioner of the District of Columbia". 
(9) Section 16-1332 is amended by striking out "Board of Commis-
sioners of the District of Columbia and agencies of the United States 
authorized by law to acquire real property" in subsection (a) and 
inserting in lieu thereof "Commissioner of the District of Columbia", 
and by striking out", and where the property sold was acquired under 
an appropriation authorized for the use of the District of Columbia, 
moneys received from the sale shall be deposited in the Treasury" in 
subsection (c). 
(10) Section 16-1334 is amended by striking out "or the LTnited 
States" wherever it appears. 
'^''P*^^' 
(11) Section 16-1337 is repealed and section 16-1338 is redesignated 
as 16-1337. 
77 Stat. 578. 
^-^2) The first sentence of section 16-1357 is amended to read as fol-
lows : "When the date for trial has been set, as provided by section 
16-1356, the court shall order the names of a number of persons, not 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
559 
Ante, p. ;;58. 
less than twenty, selected from the special jury list provided by sec-
tion 16-1312, and the names of the persons selected shall be certified 
to the clerk of the United States District Court for the District of 
Columbia as a panel of prospective jurors." 
(13) Chapter 13 is amended by adding at the end thereof the fol- 
J^cf'^*;^"^" 
lowing new subchapter: 
laol to le-ues". 
"SUBCHAPTER V.—EXCESS PROPERTY FOR T H E 
UNITED STATES 
"§ 16-1381. Acquisition of property in excess of needs 
"In order to promote the orderly and proj)er development of the 
seat of government of the United States, agencies of the United States 
authorized bjr law to acquire real property, may acquire, in the public 
interest, by gift, dedication, exchange, purchase, or condemnation fee 
simple title to land (or rights in or on land or easements or restric-
tions therein) within the District of Columbia for public uses, works, 
and improvements authorized by Congress, in excess of that actually 
needed for and essential to their usefulness, in order to preserve the 
view, appearance, light, and air and to enhance their usefulness, to 
prevent the use of private property adjacent to them in such a manner 
as to impair the public benefit derived from the construction thereof, 
or to prevent inequities or hardships to the owners of adjacent pri-
vate property by depriving them of the beneficial use of their property. 
"§ 16-1382. Retention, for public use, of excess property 
"When the authorities of the United States having jurisdiction of 
real property (or rights or easements) acquired pursuant to this sub-
chapter, elect to retain any of them for the use of the United States, 
they may use the property (or rights or easements) for park, play-
ground, highw^ay, or alley purposes, or for any other lawful purposes 
that they deem advantageous or in the public interest. 
"§ 16-1383. Availability of appropriations for purchases of excess 
property 
"When real property is purchased pursuant to this subchapter in 
excess of that needed for a particular project or improvement, appro-
priations available for the payment of the purchase price, costs, and 
expenses incident to the project or improvement may be used in the 
payment of the purchase price, costs, ^nd expenses of excess real prop-
erty purchased in connection with the project or improvement, as 
provided by this subchapter. 
"§ 16-1384. Condemnation of excess real property by United 
States agencies; payment of awards, damages and 
costs 
"(a) When excess real property is condemned by agencies of the 
United States as provided by this subchapter, the condemnation pro-
ceedings for the acquisition of the property shall be in accordance 
Avith subchapter IV of this chapter, or any laws in effect at the time 
of the commencement of condemnation proceedings for the acquisition 
of real property in the District of Columbia for the use of the United 
States. 
"(b) Appropriations available for the condemna;tion of property 
pursuant to subchapter IV of this chapter may be used in the pay-
ment of awards, damages, and costs in condemnation proceedings pur-
suant to that subchapter for the acquisition of excess real property as 
provided in this subchapter. 
560 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
*
*
§ 16-1385. Construction of subchapter 
"This subchapter does not repeal anj^ provisions of existing law per-
taining to the condemnation or acquisition of streets, alleys, or land, 
or the laws relating to the subdividing of lands in the District of 
Columbia." 
77 Stat. 571. 
(^i^-j ^\^Q analjsis of chapter 13 is amended— 
(A) by adding after the item relating to section 16-1302 the 
following: 
•'1&-1303. Jurisdiction of Superior Court."; 
(B) by amending the item relating to section 16-1311 to read 
as follows: 
"16-1311. Condemnation proceedings by District of Columbia."; 
(C) by amending the item relating to section 16-1312 to read 
as follows: 
"16-1312. Juries for condemnation proceedings." ; 
(D) by striking out the item relating to section 16-1337 and 
by striking out "16-1338" and inserting m lieu thereof "16-1337"; 
and 
(E) by adding at the end thereof: 
"SUBCHAPTER V—EXCESS PROPERTY FOR THE UNITED STATES 
"Sec. 
"16-1381. Acquisition of property in excess of needs. 
"16-1382. Retention, for public use, of excess property. 
"16-1383. Availability of appropriations for purchases of excess property. 
"16-1384. Condemnation of excess real property by United States agencies; 
payment of awards, damages and costs. 
"16-1385. Construction of subchapter." 
77 Stat. 581. 
(g) Chapter 15 of title 16, District of Columbia Code, is amended 
D.C. Code 16- 
j P i i 
^ 
' 
' 
1501. 
as follows: 
(1) Sections 16-1501 and 16-1505 are each amended by striking out 
"District of Columbia Court of General Sessions" and inserting in 
lieu thereof "Superior Court of the District of Columbia." 
^^p^^i- 
(2) Section 16-1504 and the item relating to that section in the 
analysis of chapter 15 are repealed. 
(h) (1) Section 16-1901 of title 16, District of Columbia Code, is 
amended— 
(A) by striking out "the United States District Court for the 
District of Columbia" in the first sentence and inserting in lieu 
thereof "the appropriate court"; 
(B) by inserting " (a)" immediately before "A person" and by 
adding after and below the last sentence the following new sub-
sections : 
"(b) Petitions for writs directed to Federal officers and employees 
shall be filed in the United States District Court for the District of 
Columbia. 
"(c) Petitions for writs directed to any other person shall be filed 
in the Superior Court of the District of Columbia."; and 
(C) by striking out "to District Court" in the section heading. 
(2) The item relating to section 16-1901 in the analysis of chapter 
19 of title 16 is amended l)y striking out "to District Court". 
(i) Section 16-2501 of title 16, District of Columbia Code, is 
amended by striking out, "United States District Court for the District 
of Columbia" and inserting in lieu thereof "Superior Court". 
(i) The second paragraph of section 16-2701 of title 16, District of 
Columbia Code, is amended by striking out "United States Court of 
Appeals for the District of Columbia Circuit" and inserting in lieu 
thereof "appellate court". 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
561 
(k) Chapter 29 of title 16 of the District of Columbia Code is 
IJ^'^'-^'^^-
V / 
^ /. n 
D.C. Code 16-
amended as lollows: 
2901. 
(1) Sections 16-2901 and 16-2921 are each amended by striking out 
"United States District Court for the District of Columbia" and in-
serting in lieu thereof "Superior Court of the District of Columbia". 
(2) Section 16-2901 (d) is amended by striking out "section 21-213" 
and inserting in lieu thereof "sections 21-146 and 21-704". 
(3) Sections 16-2923, 16-2924, and 16-2925 are each amended by 
striking out "District Court" and inserting in lieu thereof "court". 
(1) Chapter 31 of title 16, District of Columbia Code, is amended 
as follows: 
(1) Section 16-3101 is amended to read as follows: 
"§ 16-3101. Definition 
"As used in this chapter, the term 'Probate Court' means the Su-
perior Court of the District of Columbia." 
(2) Sections 16-3103, 16-3105, and 16-3106 are each amended by 
striking out "powers of enforcement and punishment as provided by 
section 401 of title 18, United States Code" and inserting in lieu 
62 stat. 701. 
thereof "contempt power". 
(3) Section 16-3104(b) is amended by striking out "to the United 
States". 
(m) Section 16-3301 of title 16 of the District of Columbia Code is 
amended by striking out "United States District Court for the District 
of Columbia" and inserting in lieu thereof "Superior Court of the 
District of Columbia". 
(n) Chapter 35 of title 16, District of Columbia Code, is amended 
JJ^^^^' '?°^,' 
^ ' , 
„i-, 
' 
' 
D.C. Code 16-
to read as lollows: 
3501. 
"Chapter 35.—QUO WARRANTO 
"SUBCHAPTER 
I.—ACTIONS AGAINST 
OP^FICERS OF THE 
UNITED 
STATES 
"Sec. 
"16-3501. Persons against whom issued; civil action. 
"16-8502. Parties who may institute; ex rel. proceedings. 
"16-3503. Refusal 
of Attorney 
General or United 
States 
attorney 
to act; 
procedure. 
"SUBCHAPTER 
II.—ACTIONS AGAINST OFFICERS OR 
CORPORATIONS 
OP THE DISTRICT OF COLUMBIA 
"16-3521. Persons against whom issued ; civil action. 
"16-3522. Parties who may institute; ex rel. proceedings. 
"16-3523. Refusal of United 
States attorney or Corporation 
Counsel to act; 
procedures. 
"SUBCHAPTER III.—PROCEDURES 
AND 
JUDGMENTS 
"16-3541. Allegations in petition of relator claiming office. 
"16-3542. Notice to defendant. 
"16-3543. Proceedings on default. 
"16-3544. Pleading; jury trial. 
"16-3.545. Verdict and judgment. 
"16-3546. Usurping corporate franchise; judgment. 
"16-3547. Proceedings against corporate directors and trustees; judgment and 
order; 
enforcement. 
"16-3548. Recovery of damages from usurper; limitation. 
562 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"SUBCHAPTEK I.—ACTIONS AGAINST OFFICERS OF T H E 
UNITED STATES 
"§ 16-3501. Persons against whom issued; civil action 
"A quo warranto may be issued from the United States District 
Court for the District of Columbia in the name of the United States 
against a person who within the District of Columbia usurps, intrudes 
into, or unlawfully holds or exercises, a franchise conferred by the 
T'nited States or a public office of the United States, civil or military. 
The proceedings shall be deemed a civil action. 
"§ 16-3502. Parties who may institute; ex rel. proceedings 
"The Attorney General of the United States or the United States 
attorney may institute a proceeding pursuant to this subchapter on his 
own motion or on the relation of a third person. The writ may not be 
issued on the relation of a third person excep; by leave of the court, to 
be applied for by the relator, by a petition duly verified setting forth 
the grounds of the application, or until the relator files a bond with 
sufficient surety, to be approved by the clerk of the court, in such pen-
alty as the court prescrilbes, conditioned on the payment by him of 
all costs incurred in the prosecution of the writ if costs are not recov-
ered from and paid by the defendant. 
"§ 16-3503. Refusal of Attorney General or United States attor-
ney to act; procedure 
"If the Attorney General or United States attorney refuses to in-
stitute a quo warranto proceeding on the request of a person interested, 
the interested person may apply to the court by certified petition for 
leave to have the writ issued. When, in the opinion of the court, the 
reasons set forth in the petition are sufficient in law, the writ shall be 
allowed to be issued by any attorney, in the name of the United States, 
on the relation of the interested person on his compliance with the 
condition prescribed by section 16-3502 as to security for costs. 
"SUBCHAPTER 
II.—ACTIONS AGAINST OFFICERS 
OR 
CORPORATIONS OF T H E DISTRICT OF COLUMBIA 
"§ 16-3521. Persons against whom issued; civil action 
"A quo warranto may be issued from the Superior Court of the Dis-
trict of Columbia in the name of the District of Columbia against— 
"(1) a person who within the District of Columbia usurps, in-
trudes into, or unlawfully holds or exercises, a franchise conferred 
by the District of Columbia, a public office of the District of Co-
lumbia, civil or military, or an office in a domestic corporation; or 
"(2) one or more persons who act as a corporation within the 
District of Columbia without being duly authorized, or exercise 
within the District of Columbia corporate rights, privileges, or 
franchises not granted them by law in force in the Disftrict of 
Columbia. 
The proceedings shall be deemed a civil action. 
"§ 16-3522. Parties who may institute; ex rel. proceedings 
"The United States attorney or the Corporation Counsel may insti-
tute a proceeding pursuant to this subchapter on his own motion, or on 
the relation of a third person. The writ may not be issued on the rela-
tion of a third person except by leave of the court, to be applied for by 
the relator, by a petition duly verified, setting forth the grounds of the 
application, or until the relator files a bond with sufficient surety, to 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
563 
be approved by the clerk of the court, in such penalty as the court pre-
scribes, conditioned on the payment by him of all costs incurred in 
the prosecution of the writ if costs are not recovered from and paid by 
the defendant. 
"§ 16-3523. Refusal of United States attorney or Corporation 
Counsel to act; procedures 
"If the United States attorney or Corporation Counsel refuses to 
institute a quo warranto proceeding on the request of a person inter-
ested, the interested person may apply to the court by certified petition 
for leave to have the writ issued. When, in the opinion of the court, the 
reasons set forth in the petition are sufficient in law, the writ shall be 
allowed to be issued by any attorney, in the name of the District of 
Columbia, on the relation of the interested person, on his compliance 
with the conditions prescribed by section 16-3522 as to security for 
costs. 
"SUBCHAPTER III.—PROCEDURES 
AND JUDGMENTS 
^
*
§ 16-3541. Allegations in petition of relator claiming office 
"When a quo warranto proceeding is against a person for usurping 
an office, on the relation of a person claiming the same office, the rela-
tor shall set forth in his petition the facts upon which he claims to 
be entitled to the office. 
"§ 16-3542. Notice to defendant 
"On the issuing of a writ of quo warranto the court may fix a time 
within which the defendant may appear and answer the writ. When 
the defendant cannot be found in the District of Columbia, the court 
may direct notice to be given to him by publication as in other cases 
of proceedings against nonresident defendants, and upon proof of 
publication, if the defendant does not appear, judgment may be 
rendered as if he had been personally served. 
"§ 16-3543. Proceedings on default 
"If the defendant does not appear as required by a writ of quo 
warranto, after being served, the court may proceed to hear proof in 
support of the writ and render judgment accordingly. 
"§ 16-3544. Pleading; jury trial 
"In a quo warranto proceeding, the defendant may demur, plead 
specially, or plead "not guilty" as the general issue, and the United 
States or the District of Columbia, as the case may be, may reply as 
in other actions of a civil character. Issues of fact shall be tried by a 
jury if either party requests it. Otherwise they shall be determined 
by the court. 
"§ 16-3545. Verdict and judgment 
"Where a defendent in a quo warranto proceeding is found by the 
jury to have usurped, intruded into, or unlawfully held or exercised 
an office or franchise, the verdict shall be that he is guilty of the act 
or acts in question, and judgment shall be rendered that he be ousted 
and excluded therefrom and that the relator recover his costs. 
"§ 16-3546. Usurping corporate franchise; judgment 
"Where a quo warranto proceeding is against persons acting as a 
corporation without being legally incorporated, the judgment against 
the defendants shall be that they be perpetually restrained and en-
joined from the commission or continuance of the acts complained of. 
564 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"§ 16-3547. Proceedings against corporate directors and trustees; 
judgment and order; enforcement 
"Where a quo warranto proceeding is against a director or trustee 
of a corporation and the court finds that at his election either illegal 
votes were received or legal votes rejected, or both, sufficient to change 
the result if the error is corrected, the court may render judgment 
that the defendant be ousted, and that the relator, if entitled to be 
declared elected, be admitted to the office, and the court may issue an 
order to the proper parties, being officers or members of the corpora-
tion, to admit him to the office. The judgment may require the defend-
ant to deliver to the relator all books, papers, and other things in his 
custody or control pertaining to the office, and obedience to judgment 
may be enforced by attachment. 
"§ 16-3548. Recovery of damages from usurper; limitation 
"At any time within a year from a judgment in a quo warranto pro-
ceeding, the relator may bring an action against the party ousted and 
recover the damages sustained by the relator by reason of the ousted 
party's usurpation of the office to which the relator was entitled." 
77 Stat. 603. 
(Q) Chapter 37 of title 16 of the District of Columbia Code is 
amended— 
^^p^^i- 
(1) by repealing subchapter I I ; 
373i to i6.'374o' 
(2) by Striking out the heading "SUBCHAPTER I.—GEN-
ERAL PROVISIONS"; and 
(3) by striking out the items relating to subchapter I I in the 
chapter analysis and by striking out "SUBCHAPTER I.—GENERAL 
PROVISIONS" in that analysis. 
D.c. Code 16- 
(p) Chapter 39 of title 16 of the District of Columbia Code is 
amended as follows: 
(1) The chapter heading is amended by striking out "COURT OF 
GENERAL SESSIONS'* and inserting in lieu thereof "SUPERIOR 
COURT". 
(2) Section 16-3901 is amended to read as follows: 
"§ 16-3901. Practice; applicability of other laws and rules of court 
"All provisions of law relating to the Superior Court of the District 
of Columbia and the rules of the court apply to the Small Claims and 
Conciliation Branch of the court as far as they may be applicable 
Ante, p. 489. .^j^^ 
^re uot iu couflict with this chapter or chapter 18 of title 11. In 
case of conflict, this chapter and chapter 13 of title 11 control." 
(3) Section 16-3902 is amended— 
(A) by striking out "of the District of Columbia Court of General 
Sessions" in subsection (a) ; and 
(B) by striking out "District of Columbia Court of General Ses-
sions" and "Court of General Sessions" in the form prescribed by 
subsection (e) and inserting in lieu thereof "Superior Court of the 
District of Columbia". 
(4) Sections 16-3903 and 16-3905 are each amended by striking out 
"of the District of Columbia Court of General Sessions". 
(5) The third sentence of section 16-3904 is amended to read as 
follows: "When the set-off or counterclaim is for more than the juris-
dictional limit of the Small Claims and Conciliation Branch, as pro-
vided by section 11-1321, but within the jurisdiction of the Superior 
Court, the action shall nevertheless remain in the Branch and be tried 
therein in its entirety." 
(6) Section 16-3907 is amended by striking out "District of Colum-
bia Court of General Sessions" and inserting in lieu thereof "Superior 
Court of the District of Columbia". 
3901 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
565 
(7) Section 16-8910 is amended by striking out ", or the rules pre-
scribed pursuant to section 13-101 (c)" and inserting in lieu thereof 
''or the rules of the court'- and by striking out "of the District of 
Columbia Court of General Sessions". 
AMENDMENTS TO TITLE 
17 
77 Stat. 612. 
Post, p. ;i82. 
SEC. 146. (a) Title 17 of the District of Columbia Code is amended 
as follows: 
(1) Chapter 1 and the item relating to such chapter in the chapter 
^^c^^ode n 
analysis are repealed. 
loi! 
(2) (A) Section 17-301 is amended— 
(i) by striking out "Court of General Sessions" in the section 
heading and inserting in lieu thereof "Superior Court", 
(ii) by striking out "District of Columbia Court of General 
Sessions" and inserting in lieu thereof "Superior Court of the 
District of Columbia", and 
(iii) by striking out "section 11-741 (c)" and inserting in lieu 
thereof "section 11-721 (c)". 
(B) The item relating to section 17-301 in the analysis of chapter 
3 is amended by striking out "Court of General Sessions" and inserting 
in lieu thereof "Superior Court". 
(3) (A) Section 17-303 is amended to read as follows: 
"§ 17-303. Appeals from administrative orders and decisions 
"An appeal from an order or decision as provided for in section 11-
722, is commenced by filing, within the time prescribed pursuant to 
^"'^' P* '^^^• 
section 17-307(a), the written petition for review provided by section 
^"''•^• 
11 of the District of Columbia Administrative Procedure Act (D.C. 
Code, sec. 1-1510). The District of Columbia Court of Appeals may 
prescribe the necessary rules and procedures for review of administra-
tive orders and decisions, consistent with such section 11." 
(B) The item relating to section 17-303 in the analysis of chapter 
3 is amended by striking out " ; petition; records, procedure". 
(4) Section 17-304 is amended by striking out "Board of Commis-
sioners" and inserting in lieu thereof "Commissioner or Council" and 
by inserting after "District of Columbia," the first time it appears 
the following: "by the independent agency,". 
(5) Section 17-305 is amended to read as follows: 
"§ 17-305. Scope of review 
"(a) In considering an order or judgment of a lower court (or any 
of its divisions or branches) brought before it for review, the District 
of Columbia Court of Appeals shall review the record on appeal. 
When the issues of fact were tried by jury, the court shall review the 
case only as to matters of law. When the case was tried without a jury, 
the court may review both as to the facts and the law, but the judg-
ment may not be set aside except for errors of law unless it appears 
that the judgment is plainly wrong or without evidence to support it. 
"(b) The provisions of section 11 of the District of Columbia Ad-
ministrative Procedure Act (D.C. Code, sec. 1-1510) shall apply with 
respect to review by the District of Columbia Court of Appeals of 
an order or decision under that Act." 
(6) Section 17-306 is amended by striking out "branch" and in-
serting in lieu thereof "division or branch" and by striking out "order 
or decision of an administration agency" and inserting in lieu thereof 
"administrative order or decision". 
(7) Section 17-^307 is amended b j striking out "section 11-741 or 
11-742" in subsection (a) and inserting in lieu thereof "section 11-721 
566 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
or 11-722", by striking out "District of Columbia Court of General 
Sessions" in subsection (b) and inserting in lieu thereof "Superior 
Court of the District of Columbia", and by striking out "section 11-
741(c)" in subsection (b) and inserting in lieu thereof "section 
11-721 (c)". 
AMENDMENTS TO TITLE 18 
D^c^c^de^18- 
SEC. 147. Title 18 of the District of Columbia Code is amended as 
101! ' 
follows: 
(1) The last paragraph of section 18-101 is amended to read as 
follows: 
" 'Probate Court' and 'court', respectively, mean the Superior 
Court of the District of Columbia." 
(2) Subsection (d) of section 18-505 is amended to read as follows: 
"(d) The rules of the court with respect to the taking and use of 
testimony of out-of-District witnesses apply to testimony taken pur-
suant to this section. The original will or codicil shall be sent with 
the notice or order of appointment or commission or letters rogatory, 
and exhibited to the witnesses." 
(3) (A) Section 18-513 is amended to read as follows: 
"§ 18-513. Rules of procedure 
"The court shall prescribe rules of procedure governing the trial of 
issues when a caveat is filed, including provisions for notice, appoint-
ment of guardians ad litem, trial by jury, and effect of judgments," 
(B) The item relating to section 18-513 in the analysis of chapter 
5 is amended to read as follows: 
"18-513. Rules of procedure." 
AMENDMENTS TO TITLE 19 
79 Stat. 693 
gj,(,. 148. Title 19 of the District of Columbia Code is amended as 
D.C. Code 19- 
. , , 
101. 
lollows: 
(1) Section 19-701 is amended by striking out "Commissioners" and 
inserting in lieu thereof "Commissioner". 
(2) (A) The following new section is added after section 19-114: 
"§ 19-115. Definition 
"For purposes of this chapter, the term 'Probate Court' means the 
Superior Court of the District of Columbia." 
(B) The analysis of chapter 1 is amended by adding at the end 
thereof the following new item: 
"19-115. Definition." 
AMENDMENTS TO TITLE 20 
79 Stat. 702. 
§£0. 149. Title 20 of the District of Columbia Code is amended as 
D.C. Code 20- 
« ,, 
101 
follows: 
(1) Sections 20-302,20-332(a) (2), 20-502(b), and 20-1107 are each 
amended by striking out "to the United States". 
(2) Sections 20-312, 20-337, and 20-501 are each amended by strik-
ing out in the forms referred to therein "the Chief Judge of the United 
States District Court for the District of Columbia" and inserting in 
lieu thereof "the Chief Judge of the Superior Court of the District of 
Columbia". 
(3) Section 20-351 (a) (2) is amended by striking out "an insane 
person" and inserting in lieu thereof "a mentally-ill person". 
(4) Section 20-364(a) is amended by striking out "in the name of 
the United States" and inserting in lieu thereof "in the name of the 
District of Columbia". 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
567 
(5) Section 20-502 is further amended by striking out in the form 
^^ stat. 713. 
referred to therein "Probate Court of the District of Columbia'' and 
"Probate Court of the District" and inserting in lieu thereof "Pro-
bate Court". 
(6) Section 20-1110 is amended by striking out "United States 
District Court for the District of Columbia" and inserting in lieu 
thereof "Probate Court", and by striking out "shall be given to the 
United States and", 
(7) Sections 20-1320 and 20-1505 are each amended by striking out 
"Probate (^ourt of the District of Columbia" and inserting in lieu 
thereof "Probate Court", 
(8) (A) Section 20-2301 is amended by striking out "United States 
^o stat. 738, 
District Court for the District of Columbia" and inserting in lieu 
thereof "Probate Court" and by striking out "United States attor-
ney" in the section heading and inserting in lieu thereof "Corporation 
Counsel". 
(B) The item relating to section 20-2301 in the analysis of chapter 
23 is amended by striking out "Ignited States attorney" and inserting in 
lieu thereof "Corporation Counsel". 
AMENDMENTS TO TITLE 21 
SEC. 150. (a) Chapter 1 of title 21, District of Columbia Code, is 
I^ f^'- ^f', 
-, 
1 
^ •,-, 
^ 
' 
D . C. Code 2 1 -
amended as follows: 
loi. 
(1) Section 21-112 is amended by striking out "United States 
District Court for the District of Columbia" and inserting in lieu 
thereof "Probate Court". 
(2) Section 21-115 is amended by striking out "to the United 
States". 
(3) Section 21-158 is amended by striking out "in the name of the 
United States", 
(b) Section 21-301(4) of title 21, District of Columbia Code, is 
amended by striking out "L^nited States District Court for the Dis-
trict of Columbia" and inserting in lieu thereof "Superior Court of 
the District of Columbia". 
(c) Chapter 5 of title 21, District of Columbia Code, is amended 
as follows: 
(1) Sections 21-501 and 21-502 (a) are each amended by striking 
out "Ignited States District Court for the District of Columbia" and 
inserting in lieu thereof "Superio'r Court of the District of Columbia". 
(2) Section 21-521 is amended by striking out "the family physi-
cian" and inserting in lieu thereof "a physician". 
(3) Sections 21-544, 21-564(a), 21-564(b), and 21-590 are each 
amended by striking out "United States District Court for the Dis-
trict of Columbia" and inserting in lieu thereof "Superior Court of the 
District of Columbia". 
(4) Section 21-564(a) is further amended by striking out "Board 
of Commissioners" and inserting in lieu thereof "Commissioner". 
(5) (A) Section 21-581 is amended— 
(i) by striking out "Commissioners" in subsection (a) and in 
the section heading and inserting in lieu thereof "Commissioner", 
and 
(ii) by striking out" (a)" and subsection (b). 
(B) The item relating to section 21-581 in the analysis of chapter 
5 is amended by striking out "Commissioners" and inserting in lieu 
thereof "Commissioner". 
(6) Section 21-584 is amended by striking out "witnesses in the 
courts of the United States" and inserting in lieu thereof "other wit-
nesses in the court". 
47-348 O - 72 - 40 (Pt. 1) 
568 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
79 Stat. 761. 
(7) (^) The following new section is added after section 21-591: 
"§21-592. Return to hospital of an escaped mentally ill person 
"When a person has been ordered confined in a hospital or institu-
tion for the mentally ill pursuant to this chapter and has left such 
hospital or institution without authorization or has failed to return 
as directed, the court which ordered confinement shall, upon the re-
quest of the administrator of such hospital or institution, order the 
return of such person to such hospital or institution." 
(B) The analysis of chapter 5 is amended by adding after the item 
relating to section 21-591 the following: 
"21-592. Return to hospital of an escaped mentally ill person." 
(d) Members of the Commission on Mental Health established 
79 Stat. 751. 
uuder section 21-502 of title 21 of the District of Columbia Code who 
are in office on the effective date of this title shall continue in office as 
provided in subsection (b) of that section. 
(e) Section 21-706(a) of title 21, District of Columbia Code, is 
amended by striking out "United States District Court for the Dis-
trict of Columbia" and inserting in lieu thereof "Superior Court of 
the District of Columbia". 
(f) Section 21-906 of title 21, District of Columbia Code, is 
amended by striking out "United States District Court for the Dis-
trict of Columbia" and inserting in lieu thereof "Superior Court of 
the District of Columbia". 
79 Stat. 766; 
(g) Chapter 11 of title 21, District of Columbia Code, is amended 
Postt p
» 1087, 
p -
i
-
i 
D.c. Code 21- 
as follows: 
1101. 
( 1 ) ( A ) 
Sections 21-1101, 21-1102, 21-1103, 21-1104, 21-1105, 
21-1106,21-1107,21-1108,21-1110,21-1111,21-1113,21-1115,21-1118, 
and 21-1123 are each amended by striking out "feeble-minded" each 
place it appears and inserting in lieu thereof "substantially retarded". 
(B) The section heading for section 21-1118 is amended by strik-
ing out *'f 
eeble-minded" and inserting in lieu thereof "substantially 
retarded'*. 
(2) Sections 21-1102 and 21-1120 are each amended by striking out 
"Department of Public Welfare" and inserting in lieu thereof "Dis-
trict of Columbia Council". 
(3) Section 21-1103 is amended— 
(A) by striking out "United States District Court for the Dis-
trict of Columbia'' in subsection (a) and inserting in lieu thereof 
"Superior Court of the District of Columbia", and 
(B) by striking out "of District Court as to feeble-minded-
ness" in the section heading and inserting in lieu thereof "as to 
substantial retardation". 
(4) Section 21-1104 is amended bv striking out "District Court of 
the United States for the District of Columbia" and inserting in lieu 
thereof "Superior Court of the District of Columbia". 
(5) Section 21-1109(a) is amended by striking out "running to the 
United States". 
(6) Section 21-1111 (a) is amended by striking out "Commissioners" 
and inserting in lieu thereof "Commissioner". 
(7) Section 21-1114 is amended— 
(A) by striking out "juvenile court of the District of Columbia 
as a dependent or delinquent child" and inserting in lieu thereof 
"Family Division of the Superior Court upon allegations that he 
is delinquent, neglected, or m need of supervision , 
(B) bv striking out "feeble-minded" and inserting in lieu 
thereof "substantially retarded", 
79 Stat. 771; 
Post, p. 1087. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
569 
(C) by inserting ", other than proceedings on a motion to trans-
fer pursuant to section 16-2307," after "the proceedings" in the 
first sentence, and 
(D) by striking out "brought before juvenile court appears 
feeble-minded" in the section heading and inserting in lieu 
thereof "brought before Family Division appears substantially 
retarded". 
(8) Sections 21-1116 and 21-1122 are each amended by striking out 
"United States District Court for the District of Columbia" and 
inserting in lieu thereof "Superior Court of the District of Columbia". 
(9) Section 21-1117 is amended— 
(A) by striking out "feeble-mindedness" and inserting in lieu 
thereof "substantial retardation", and 
(B) by striking out "feeble-minded" in the section heading 
and inserting in lieu thereof "substantially retarded". 
(10) The analysis of chapter 11 is amended— 
(A) by striking out "of District Court as to feeble-mindedness" 
in the item relating to section 21-1103 and inserting in lieu thereof 
"as to substantial retardation", and 
(B) by striking out "before juvenile court appears feeble-
minded" in the item relating to section 21-1114 and inserting in 
lieu thereof "before Family Division appears substantially re-
tarded", and 
(C) by striking out "feeble-minded" in the items relating to 
sections 21-1117 and 21-1118 and inserting in lieu thereof "sub-
stantially retarded". 
(11) The chapter heading for chapter 11 is amended by striking out 
"FEEBLE-MINDED" and inserting in lieu thereof "SUBSTAN-
TIALLY RETARDED". 
(h) Chapter 13 of title 21, District of Columbia Code, is amended 
as follows: 
(1) Section 21-1301 is amended by striking out "TTnited States 
District Court for the District of Columbia" and inserting in lieu 
thereof "Superior Court of the District of Columbia". 
(2) The first sentence of section 21-1302 is amended by striking out 
"to the United States". 
(i) Chapter 15 of title 21, District of Columbia Code, is amended 
D-C- code 21 
as follows: 
''°'-
(1) Section 21-1501 is amended by striking out "LTnited States Dis-
trict Court for the District of Columbia" and inserting in lieu thereof 
"Superior Court of the District of Columbia". 
(2) Section 21-1506 is amended by striking out "of the Civil 
Division". 
(j) The analysis of title 21, District of Columbia Code, is amended 
by striking out "Feeble-Minded" in the reference to chapter 11 and 
inserting in lieu thereof "Substantially Retarded". 
D.C. Code 21-
1301. 
AMENDMENTS TO TITLE 2 8 
SEC. 151. (a) Sections 28-2103 and 28-2104 of title 28 of the Dis-
trict of Columbia Code are each amended by striking out "LTnited 
^s stat. ees. 
States District Court for the District of Columbia" and inserting in 
lieu thereof "court having probate jurisdiction". 
(b) Section 28-2105 of title 28 of the District of Columbia Code is 
amended by striking out "District Court" and inserting in lieu thereof 
"court having probate jurisdiction". 
570 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
Subpart 2—Amendments to Other Laws 
REDESIGNATION OF COURTS 
SEC. 155. (a) Except as otherwise provided in this Act, all laws of 
the United States (other than this Act) applicable exclusively to the 
District of Columbia, in force on the effective date of this Act, in which 
reference is made to the— 
(1) justice of the peace, 
(2) justice of the peace court, 
(3) policecourtof the District of Columbia, 
(4) Municipal Court of the District of Columbia, 
(5) Municipal Court for the District of Columbia (established 
by the Act of April 1, 1942 (56 Stat. 190)), and 
(6) District of Columbia Court of General Sessions (estab-
lished by the Act of July 8,1963 (77 Stat. 77)) or any division or 
branch of that Court, 
are amended by substituting "Superior Court of the District of Co-
lumbia" for each such reference. 
(b) Except as otherwise provided in this Act, all laws of the United 
States (other than this Act) applicable exclusively to the District of 
(^olumbia, in force on the effective date of this Act, in which reference 
is made to the Municipal Court of Appeals for the District of Colum-
bia (established by the Act of April 1, 1942), are amended by substi-
tuting "District of Columbia Court of Appeals" for such reference. 
(c) The following laws of the United States applicable to the Dis-
trict of Columbia, in force on the effective date of this Act, are 
amended by striking out all references therein to the United States 
District Court for the District of Columbia and inserting in lieu there-
of "Superior Court of the District of Columbia": 
(1) The following sections of the Act entitled "An Act to establish 
a code of law for the District of Columbia", approved March 3, 1901: 
(A) Section 491a of such Act (D.C. Code, sec. 7-202). 
(B) Section 491n of such Act (D.C. Code. sec. 7-215). 
(C) Section 1608e of such Act (T>.C. Code. sec. 7-313). 
(D) Section 1610 of such Act (D.C. Code, sec. 7-323). 
(E) Section 869b of such Act (D.C. Code, sec. 22-1510). 
(F) Section 632 of such Act (D.C. Code, sec. 29-228). 
(G) Section 586 of such Act (D.C. Code, sec. 29-413). 
(H) Section 586f of such Act (D.C. Code, sec. 29-419). 
(I) Section 793 of such Act (D.C. Code, sec. 29-725). 
(J) Section 1225 of such Act (D.C. Code, sec. 45-910). 
(2) Section 12 of the Boiler Inspection Act of the District of 
49 Stat. 1917. 
Columbla, approved June 25, 1936 (D.C. Code, sec. 1-713). 
82 Stat. 628. 
(3) Sectlou 2 of the Act of August 3,1968 (D.C. Code, sec. l-804b). 
(4) Section 41 of the Act entitled "An Act to regulate the practice 
of the healing art and to protect the public health in the District of 
45 Stat. 1338. 
ColumWa", approved February 27.1929 (D.C. Code, sec. 2-132). 
54 Stat. 716. 
(5) Sectlou 4 of thp Act of July 2, 1940 (D.C. Code. sec. 2-304). 
(6) Section 7 of the Act entitled "An Act to regulate the practice 
of pharmacy and the sale of poisons in the Disti'ict of Columbia, and 
44 Stat. 1414; 
for other purposes", approved May 7, 1906 (D.C. Code, sec. 2-606). 
77 Stat. 78. 616. 
^^^ Scctlou 3 of the Act entitled "Au Act to amend the Act to 
regulate the practice of podiatry in the District of Columbia", 
54 Stat. 697. 
approved June 29. 1940 (D.C. Code, sec. 2-703). 
(8) Section 29 of the Act entitled "An Act to provide for the exami-
nation and registration of architects and to regulate the practice of 
architecture in the District of Columbia", approved December 13, 
1924 (D.C. Code, sec. 2-1029). 
34 Stat. 151; 
49 Stat. 1921; 
63 Stat. 107. 
35 
33 
35 
31 
45 
31 
Stat. 
Stat. 
Stat. 
Stat. 
Stat. 
Stat. 
582. 
734. 
671. 
1288 
1505, 
1320, 
45 Stat. 952. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
571 
(9) The following sections of the Professional Engineers' Kegistra-
tion Act, approved September 19, 1950: 
(A) Section 8 of such Act (D.C. Code, sec. 2-1808). 
64 stat. sse. 
(B) Section 9(b) of such Act (D.C. Code, sec. 2-1809(b)). 
(10) Section 13 of the District of Columbia Charitable Solicitation 
Act, approved July 10,1957 (D.C. Code, sec. 2-2112). 
. . 
^' ^'^'' ^^'' 
(11) The following sections of the District of Columbia Securities 
Act, approved August 30,1964: 
(A) Section 11 of such Act (D.C. Code, sec. 2-2410). 
78 stat. 628. 
(B) Section 12 of such Act (D.C. Code, sec. 2-2411). 
(12) Section 18 of the District of Columbia Public Assistance Act, 
approved October 15,1962 (D.C. Code, sec. 3-217). 
^6 stat. 9is. 
(13) Section 389 of the Revised Statutes of the United States Re-
lating to the District of Columbia (D.C. Code, sec. 4-135). 
es stat. 755. 
(14) The following sections of the Act entitled "An Act to punish 
false swearing before the trial board of the Metropolitan police force 
and fire department of the District of Columbia, and for other pur-
poses", approved May 11,1892: 
(A) The first section of such Act (D.C. Code, sec. 4-601). 
47 stat. se; 
(B) Section 3 of such Act (D.C. Code, sec. 4-603). 
" ^'^'' '°^-
(15) Section 2 of the Act entitled "An Act providing for the estab-
lishment of a uniform building line on streets in the District of Colum-
bia less than ninety feet in width", approved June 21,1906 (D.C. Code, 
sec. 5-202) . 
_ 
^4 stat. 384. 
(16) Section 11 of the Act entitled "An Act to require the erection 
of fire escapes in certain buildings in the District of Columbia, and for 
other purposes", approved March 19, 1906 (D.C. Code, sec. 5-311). 
48 stat. 846. 
(17) Section 7 of the Act entitled "An Act to provide for means of 
egress for buildings in the District of Columbia, and for other pur-
poses", approved December 24, 1942 (D.C. Code, sec. 5-323). 
56 stat. io85. 
(18) Section 8 of the Act entitled "An Act to regulate the height of 
buildings in the District of Columbia", approved June 1, 1910 (D.C. 
Code, sec. 5-408). 
_ 
_ 
36 stat. 454. 
(19) Section 7(a) of the District of Columbia Redevelopment Act 
of 1945, approved August 2,1946 (D.C. Code, sec. 5-706). 
eo stat. 795. 
(20) The third proviso of section 11 (a) of the Horizontal Property 
Act of the District of Columbia, approved December 21, 1963 (D.C. 
Code, sec. 5-911). 
77 stat. 4S3. 
(21) The first section of the Act of March 4, 1929 (D.C. Code, sec. 
(;-505). 
45 stat. 1549. 
(22) Section 5 of the Act of December 15, 1932 (D.C. Code, sec. 
7 - 4 0 5 ) . 
47 stat. 749. 
(23) The fifth paragraph of so much of the first section of the Act 
of March 3, 1905, as relates to bridges (D.C. Code, sec. 7-505). 
^3 stat. 372, 
(24) The second paragraph of so much of the first section of the ^^^' 
Act of June 29, 1932, as relates to bridges (D.C. Code, sec. 7-514). 
47 stat. 355. 
(25) The first section of the Act entitled "An Act to provide for 
the elimination of the Michigan Avenue grade crossing in the District 
of Columbia, and for other purposes", approved March 3, 1927 (D.C. 
Code, sec. 7-520). 
44 stat. 1351. 
(26) Th^ third paragraph of so much of the first section of the 
Act of July 3, 1930, as relates to bridges (D.C. Code, sec. 7-523). 
^^ stat. 963. 
(27) Section 11 of the District of Columbia Public Space Utiliza-
tion Act, approved October 17, 1968 (D.C. Code, sec. 7-950). 
82 stat. nes. 
(28) The first section and section 2 of the Act entitled "An Act to 
provide for the elimination of grade crossings of steam railroads in 
the District of Columbia, and for other purposes", approved March 
3,1927 (D.C. Code,sec. 7-1215 (a), (b)). 
^"^ ^'^'' ^^52. 
572 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
(29) The first section of the Act entitled "An Act to provide for the 
establishment of a municipal center in the District of Columbia", ap-
esltT'io)'^^^'' 
proved February 28,1929 (D.C. Code, sec. 9-201). 
(30) The Act entitled "An Act to prohibit the introduction of con-
traband into the District of Columbia penal institutions", approved 
55 Stat. 800. 
December 15,1941 (D.C. Code, sec. 22-2603). 
(31) Section 5 of the Hospital Treatment for Drug Addicts Act for 
the District of Columbia, approved June 24, 1956 (D.C. Code, sec. 
70 Stat. 610. 
2 4 - 6 0 5 ) . 
(32) Section 345 of the Public Health Service Act, approved July 
68 Stat. 80. 
1^ 1944 (p.c-. Code, sec. 24-614). 
(33) Section 26 of the District of Columbia Alcoholic Beverage 
48 Stat. 333. 
Coutrol Act, approved January 24, 1934 (D.C. Code, sec. 25-126). 
(34) Section 3 of the Act entitled "An Act concerning common-
trust funds and to make uniform the law with reference thereto", 
63 Stat. 938. 
approved October 27,1949 (D.C. Code, sec. 26-703). 
(35) Section 5 of the Act entitled "An Act to provide for the in-
corporation and regulation of medical and dental colleges in the Dis-
29 Stat. 113. 
trict of Columbia", approved May 4, 1896 (D.C. Code, sec. 31-904). 
(36) The Act entitled "An Act to amend the Code of Law for the 
District of Columbia", approved April 16, 1934 (D.C. Code, sec. 35-
48 Stat. 592. 
2 0 5 ) . 
(37) The following sections of the Life Insurance Act, approved 
June 19, 1934: 
(A) Section 13, chapter I I of such Act (D.C. Code, sec. 35-
412). 
(B) Section 24, chapter II of such Act (D.C. Code, sec. 35-
423). 
(C) Section 15, chapter I I I of such Act (D.C. Code, sec. 35-
515). 
(38) Section 5, title I I of the Act of September 19,1918 (D.C. Code, 
55 Stat. 739. 
scc. 36-435). 
(39) The following sections of the Act of March 4,1913: 
(A) Section 8, paragraph 97(a) of such Act (D.C. Code, sec. 
43-201). 
(B) Section 8, paragraph 35 of such Act (D.C. Code, sec. 
43^05). 
(C) Section 8, paragraph 48 of such Act (D.C. Code, sec. 43-
418). 
(40) Section 5 of the Act entitled "An Act to authorize the Metro-
politan Railroad Company to change its motive power for the propul-
sion of the cars of said company", approved August 2, 1894 (D.C. 
28 Stat. 218. 
Code, sec. 44-208). 
(41) Section 305 of the District of Columbia Real Estate Deed 
Recordation Tax Act, approved March 2, 1962 (D.C. Code, sec. 45-
76 Stat. 12, 
7 2 5 ) . 
(42) The following sections of the Act of August 25,1937: 
50 Stat. 794; 
(^^) Scctiou 9 of such Act (D.C. Code, sec. 45-1409). 
^ 
'• ^'^- 
(B) Section 11 of such Act (D.C. Code, sec. 45-1411). 
(43) The following sections of the Act entitled "An Act to regulate 
rents in the District of Columbia, and for other purposes", approved 
December 2 1941', 
65 Stat. 103. 
^j^^ 'section 7 of such Act (D.C. C^ode, sec. 45-1607). 
(B) Section 10 of such Act (D.C. Code, sec. 45-1610). 
(44) The following sections of the Act entitled "An Act to provide 
for unemployment compensation in the District of Columbia, authorize 
appropriations, and for other purposes", approved August 28, 1935: 
(A) Section 3(c) (10) of such Act (D.C. Code, sec. 46-303 
(c)(10)). 
48 Stat. 1133. 
78 Stat. 556. 
44 Stat. 920. 
37 Stat. 982. 
57 Stat. 108. 
28 Stat. 285. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
573 
(B) Section4(e) ofsuchAct (D.C. Code, sec. 4(5-304 (e)). 
s? stat. io9; 
(C) Section 12 of such Act (I).C. Code, sec. 46-812). 
'° ' 
(D) Section 13(h) of such Act (D.C. Code, sec. 46-313(h)). 
(45) Section 13 of the Act of August 14,1894 (D.C. Code, sec. 47-
606). 
(46) The Act entitled "An Act to authorize reassessment for im-
provements and general taxes in the District of Columbia, and for 
other purposes", approved April 24, 1896 (D.C. Code, sec. 47-721). 
29 stat. 98. 
(47) The first section of the Act entitled "An Act to provide for 
enforcing the lien of the District of Columbia upon real estate bid 
off in its name when offered for sale for arrears of taxes and assess-
ments, and for other purposes", approved March 2, 1936 (D.C. Code, 
sec. 4 7 - 1 0 1 1 ) . 
49 Stat. 1153. 
(48) Section 5 of the Act of July 3,1926 (D.C. Code, sec. 47-1209). 
^^ stat. 1227. 
(49) The following sections of the District of Columbia Kevenue 
Act of 1937, approved August 17,1937: 
(A) Section 1 of title I of such Act (D.C. Code, sec. 47-1401). 
52 stat. 356. 
(B) Section 6 of title I of such Act (D.C. Code, sec. 47-1406). 
so stat. 674. 
(C) Section 3 of article I I I of title V of such Act (D.C. Code, 
sec. 47-1618). 
_ 
53 stat. me. 
(50) Section 29 of the District of Columbia Income Tax Act, ap-
proved July 26,1939 (D.C. Code, sec. 47-1529). 
(51) Section 3 of title X I I of the District of Columbia Income and 
Franchise Tax Aci of 1947, approved July 16, 1947 (D.C. Code, sec. 
47-1586b). 
_ 
^ 
^' ^'^'- 352. 
(52) Section 145 of the District of Columbia Sales Tax Act, 
approved May 27, 1949 (D.C. Code, sec. 47-2622). 
63 stat. 122. 
(53) Section 8 of the Act entitled "An Act to provide for the 
regulation of closing-out and fire sales in the District of Columbia", 
approved September 1,1959 (D.C. Code, sec. 47-3008). 
(54) Section 11 of the Act of July 3,1926 (D.C. Code, sec. 48-211). 
^4 stat. sii. 
(55) Section 2 of the Act of February 18,1932 (D.C. Code, sec. 48-
402). 
'*'' stat. 50. 
(d) The Act of February 26, 1907 (D.C. Code, sec. 45-707), is 
34 stat. 994. 
amended to read as follows: "That the Recorder of Deeds of the 
District of Columbia shall recopy such of the records in his office as 
may, in his judgment and that of a judge of the Superior Court of the 
District of Columbia appointed for that purpose, need recopying in 
order to preserve the originals from destruction. The expense of such 
recopying may not in any fiscal year exceed $1,000 and such expense 
shall be certified by a judge of the Superior Court appointed for 
that purpose and audited by the General Accounting Office." 
AMENDMENTS REDESIONATINO DISTRICT OF COLUMBIA TAX COUKT 
SEC. 156. (a) Section 303 of the District of Columbia Revenue Act 
of 1949 (D.C. Code, sec. 40-603-1) is amended by striking out 66"ta5^M7^^' 
"Board of Tax Appeals for the District of Columbia" and inserting 
in lieu thereof "Superior Court of the District of Columbia". 
(b) Section 314 of the Act of March 2, 1962 (D.C. Code, sec. 45-
734), is amended by striking out "District of Columbia Tax Court" 
and inserting in lieu thereof "Superior Court of the District of 
Columbia". 
(c) Section 5 of the Act entitled "An Act to define the real property 
exempt from taxation in the District of Columbia," approved 
December 24, 1942 (D.C. Code, sec. 47-801e), is amended by striking 
56 stat. 1091. 
out "Board of Tax Appeals for the District of Columbia" and insert-
ing in lieu thereof "Superior Court of the District of Columbia". 
73 stat. 451. 
76 stat. 15. 
574 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
(d) Subsection (e) of the Act entitled "An Act to provide for the 
taxation of rolling stock of railroad and other companies operated in 
the District of Columbia, and for other purposes", approved 
59 Stat. 610. 
December 15, 1945 (D.C. Code, sec. 47-1215(e)), is amended by 
striking out "Board of Tax Ap|)eals for the District of Columbia" and 
inserting in lieu thereof "Superior Court of the District of Columbia". 
(e) Sections 31 and 34 of the District of Columbia Income Tax 
1103^*^*' ^^°'' 
^^*' approved July 26, 1939 (D.C. Code, sees. 47-1531, 47-1534), are 
each amended by striking out "Board of Tax Appeals for the District 
of Columbia" and inserting in lieu thereof "Superior Court of the 
District of Columbia". 
(f) Section 11 of title X I I and section 1 of title XV of the District 
of Columbia Income and Franchise Tax Act of 1947 (D.C. Code, sees. 
359- rlTstaY^yg 
47-1586], 47-1593) are each amended by striking out "Board of Tax 
Appeals for the District of Columbia" and inserting in lieu thereof 
"Superior Court of the District of Columbia". 
(g) Sections 7 and 13 of title I X of the District of Columbia 
52 Stat. 374. 
Reveuue Act of 1937 (D.C. Code, sees. 47-2407, 47-2412) are each 
53 Stat. 1110. 
amended by striking out "the Board" and inserting in lieu thereof 
"the Superior Court". 
(h) All other laws of the United States applicable exclusively to 
the District of Columbia in force on the effective date of this Act in 
which reference is made to the Board of Tax Appeals for the District 
of Columbia or to the District of Columbia Tax Court are amended 
by substituting "Superior Court of the District of Columbia" for 
such reference. 
MISCELLANEOUS AMENDMENTS RELATING TO TRANSFERS OF JURISDICTION 
Criminal Jurisdiction 
SEC. 157. (a) Section 40 of the Act entitled "An Act to regulate 
the practice of the healing art to protect the public health in the 
District of Columbia", approved Feljruary 27, 1929 (D.C. Code, sec. 
45 Stat. 1338; 
2-131), is amended by striking out "in the United States District 
63 Stat. 107. 
Court for the District of Columbia" and inserting in lieu thereof "in 
the District of Columbia". 
(b) Section 8 of the Act entitled "An Act to establish a Board 
of Indeterminate Sentence and Parole for the District of Columbia 
and to determine its functions, and for other purposes", approved 
54 Stat. 243. 
July 15, 1932 (D.C. Code, sec. 22-2601), is amended by striking out 
"in any court of the United States". 
(c) The Act entitled "An Act to provide for the treatment of 
sexual psychopaths in the District of Columbia, and for other pur-
poses", approved June 9,1948, is amended as follows: 
62 Stat. 347. 
(J) Sectiou 201 of such Act (D.C. Code, sec. 22-3503) is amended— 
(A) by amending paragraph (2) to read as follows: 
"(2) The term 'court* means a court in the District of Columbia 
having jurisdiction of criminal offenses or delinquent acts.", and 
(B) by striking out "an offense in the juvenile court of the 
District of Columbia" in paragraph (4) and inserting in lieu 
thereof "a delinquent act". 
(2) Section 202(a) of such Act (D.C. Code, sec. 22-3504) is 
amended by striking out "United States District Court for the District 
of Columbia" and inserting in lieu thereof "Superior Court of the Dis-
trict of Columbia". 
JtT';.^^^'' 
(d) Section 164A(f) of the Uniform Narcotic Drug Act (D.C. 
Code, sec. 33-416a(f)) is amended b;^ striking out "ifnited States 
branch of the municipal court" and inserting in lieu thereof "Su-
perior Court of the District of Columbia". 
62 Stat. 348. 
77 Stat. 77. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
575 
Settlement of Claims 
(e) The Act entitled "An Act authorizing the Commissioners of 
the District of Columbia to settle claims and suits against the District 
of Columbia", approved February 11, 1929, is amended as follows: 
(1) The first section of such Act (D.C. Code, sec. 1-902) is ^/Itft^'joi'^^' 
amended by striking out "court of the District of Columbia" and 
inserting in lieu thereof "courts in the District of Columbia". 
(2) Section 2 of such Act (D.C. Code, sec. 1-903) is amended by 
" ^tat. io7. 
striking out "United States District Court for the District of Colum-
bia, the United States Court of Appeals for the District of Columbia," 
and inserting in lieu thereof "courts in the District of Columbia". 
Law Enforcement Council 
(f) Section 401(b) of the District of Columbia Law Enforcement 
Act of 1953, approved June 29, 1953 (D.C. Code, sec. 2-1901 (b)), is 
e? stat. 102. 
amended by striking out paragraph (12) and by redesignating para-
graphs (13) through (15) as paragraphs (12) through (14), 
respectively. 
Real Property Actions 
(g) Section 1227 of the Act entitled "An Act to establish a code 
of law for the District of Columbia", approved March 3, 1901 (D.C. 
(^ode, sec. 45-912), is amended by striking out ", either in said United gg^Lfl^Vo?^*^' 
States District Court for the District of Columbia or before a justice 
of the peace". 
Tort Claims 
(h) Paragraph (b) of section 2 of the District of Columbia Em-
ployee Non-Liability Act (D.C. Code, sec. 1-921) is amended to read 
74 stat. 519; 
lis follows: 
77 stat. 77. 
"(b) 'Court' means the court in the District of Columbia having 
the necessary civil jurisdiction pursuant to section 11-501 or 11-921 
of the District of Columbia Code." 
^g^;"'^- PP- ^^S-
Damages to National Guard Property 
(i) Section 38 of the Act entitled "An Act to provide for the organi-
zation of the militia of the District of Columbia", approved March 1, 
1889 (D.C. Code, sec. 39-513), is amended by striking out "any justice ^^^f^^'^Jy'''''' 
of the peace, with the right of appeal to the United States District 
Court for the District of Columbia, or before the United States Dis-
trict Court for the District of Columbia" and inserting in lieu thereof 
"the court in the District of Columbia having jurisdiction of the 
amount in controversy". 
Unclaimed Freight 
(j) Section 643 of the Act entitled "An Act to establish a code of 
law for the District of Columbia", approved March 3, 1901 (D.C. 
Code, sec. 44-102), is amended— 
^o^L^[^^:l^^^'' 
(1) by striking out "United States District Court for the 
District of Columbia" and inserting in lieu thereof "Superior 
Court of the District of Columbia", and 
(2) by striking out the proviso. 
63 Stat. 107. 
76 Stat. 589. 
31 Stat. 1208. 
576 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
AMENDMENTS REFLECTING TRANSFER OF PROBATE 
JURISDICTION 
SEC. 158. (a) The Revised Statutes of the District of Columbia are 
amended as follows: 
(1) Section 416(b) of such Revised Statutes (D.C. Code, sec. 4-159) 
is amended— 
(A) by striking out "United States District Court for the 
District of Columbia" and inserting in lieu thereof "court having 
probate jurisdiction", and 
(B) by striking out "Probate Court" and inserting in lieu 
thereof "court having probate jurisdiction". 
(2) Section 454 of such Revised Statutes (D. C. Code, sec. 29-514) 
is amended by striking out "United States District Court for the 
District of Columbia" and inserting in lieu thereof "court having 
probate jurisdiction". 
(b) The Act entitled "An Act regulating admissions to the Institu-
tion of the Association for Works of Mercy in certain cases, and for 
other purposes", approved October 12, 1888, is amended as follows: 
25 Stat. 554; 
(1) j h e first sectiou of such Act (D.C. Code, sec. 32-101) is 
amended by striking out "the judge of the orphans' court of the 
District of Columbia" and inserting in lieu thereof "a judge of the 
court having probate jurisdiction". 
(2) Section 4 of such Act (D.C. Code, sec. 32-104) is amended 
by striking out "orphans' court of the District of Columbia" and 
inserting in lieu thereof "court having probate jurisdiction". 
(c) The Act entitled "An Act to establish a code of law for the 
District of Columbia", approved March 3, 1901, is amended as 
follows: 
(1) Section 534 of such Act (D.C. Code, sec. 45-611) is amended 
by striking out "United States District Court for the District of 
Columbia" and inserting in lieu thereof "court having probate 
jurisdiction". 
(2) Section 537 of such Act (D.C. Code, sec. 45-619) is amended 
by striking out "said United States District Court for the District of 
Columbia" and inserting in lieu thereof "the court having probate 
jurisdiction". 
(3) Section 669 of such Act (D.C. Code, sec. 27-113) is amended 
by striking out "United States District Court for the District of 
Columbia" and inserting in lieu thereof "court having probate 
jurisdiction". 
(4) Section 746 of such Act (D.C. Code, sec. 26-334) is amended by 
striking out "United States District Court for the District of Colum-
bia" and inserting in lieu thereof "court having probate jurisdiction". 
(d) The District of Columbia Revenue Act of 1937 is amended as 
follows: 
(1) Section 3 of article I of title V of such Act (D.C. Code, sec. 
,^L!!^*i'nV^^' 
47-1603) is amended by striking out "United States District Court for 
the District of Columbia" and inserting in lieu thereof "court having 
probate jurisdiction". 
(2) Section 5 of article I of title V of such Act (D.C. Code, sec. 
47-1605) is amended by striking out "United States District Court for 
the District of Columbia" and inserting in lieu thereof "court having 
probate jurisdiction". 
(3) Section 9 of article I I I of title V of such Act (D.C. Code, sec. 
47-1624) is amended— 
(A) by striking out "United States District Court for the 
District of Columbia" each place it occurs and inserting in lieu 
thereof "court having probate jurisdiction", and 
(B) by striking out "said District Court" and inserting in lieu 
thereof such court". 
31 Stat. 1272; 
63 Stat. 107. 
63 Stat. 107. 
68 Stat. 887. 
65 Stat. 131; 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
577 
(e) Section 9 of the Act entitled "An Act to create a board for the 
condemnation of insanitary buildings in the District of Columbia, and 
for other purposes", approved May 1,1906 (D.C. Code, sec. 5-624), is 
amended by striking out "United States District Court for the Dis-
trict of Columbia" and inserting in lieu thereof "court having probate 
jurisdiction". 
(f) Section 5 of the Act entitled "An Act authorizing the Commis-
sioners of the District of Columbia to settle claims and suits against 
the District of Columbia", approved February 11, 1929 (D.C. Code, 
sec. 1-906), is amended by striking out "United States District Court ^^%^^%^ 
for the District of Columbia" and inserting in lieu thereof "court 
having probate jurisdiction". 
(g) Section 2 of the Act of April 5, 1939 (D.C. Code, sec. 31-711), gg^l^^^^tat. 571; 
is amended by striking out "United States District Court for the Dis-
trict of Columbia" and inserting in lieu thereof "court having probate 
jurisdiction". 
AMENDMENTS RELATING TO THE JURISDICTION OF T H E FAMILY DIVISION 
SEC. 159. (a) Section 5 of the Act entitled "An Act to provide for 
the mandatory reporting by physicians and institutions in the District 
of Columbia of certain physical abuse of children", approved Novem-
ber 6, 1966 (D.C. Code, sec. 2-165), is amended by striking out "Ju- 
8° stat. 1355. 
venile Court" both times it appears and inserting in lieu thereof 
"Family Division of the Superior Court". 
(b) Section 4 of the Act entitled "An Act to provide for the care 
of dependent children in the District of Columbia and to create a 
board of children's guardians", approved July 26, 1892 (D.C. Code, 
sec. 3-116), is amended by striking out "police court or the criminal 3/sta'^*73^^^' 
court of the District" and inserting in lieu thereof "Family Division 
of the Superior Court". 
(c) The first section of the Act entitled "An Act to enlarge the 
powers of the courts of the District of Columbia in cases involving 
delinquent children, and for other purposes", approved March 3, 1901 
(D.C. Code, sec. 3-120), is amended by striking out "criminal and 
3i stat. 1095; 
police courts" and inserting in lieu thereof "Family Division of the ^
"
^ ^
^
^
*
" ^^" 
Superior Court". 
(d) Section 405 of the District of Columbia Law Enforcement 
Act of 1953 (D.C. Code, sec. 24-106) is amended to read as follows: 
67 stat. los; 
68 Stat. 730; 
PSYCHIATRIST AND PSYCHOLOGIST 
77 Stat. 77. 
"SEC. 405. The Commissioner shall appoint a qualified psychiatrist 
and a qualified psychologist whose services shall be available to the 
following officers to assist them in carrying out their duties: 
"(1) In criminal cases, the judges and probation officers of 
the United States District Court for the District of Columbia 
and the judges and Director of Social Services of the Superior 
Court of the District of Columbia. 
"(2) The judges and such personnel assigned to the Family 
Division of the Superior Court as the Chief Judge may designate. 
"(3) Such officers of the Department of Corrections as the 
Director thereof shall designate. 
" (4) The Board of Parole of the District." 
(e) Section 927(a) of the Act entitled "An Act to establish a code 
of law for the District of Columbia", approved March 3, 1901 (D.C. 
Code, sec. 24-301), is amended by striking out "juvenile court" and 
^9 stat. 609. 
inserting in lieu thereof "Family Division of the Superior Court". 
578 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
(f) The Act entitled "An Act to improve and extend, through recip-
rocal legislation, the enforcement of duties of support in the District 
of Columbia", approved July 10, 1957, is amended as follows: 
ry^staJr'yy^^"' 
(1) Section 2(d) of such Act (D.C. Code, sec. 30-302(d)) is 
amended by striking out "Domestic Relations Branch of the Municipal 
Court for the District of Columbia" and inserting in lieu thereof 
"Family Division of the Superior Court". 
(2) Section 22 of such Act (D.C. Code, sec. 80-322) is amended by 
striking out "civil branch of the municipal court for the District of 
Columbia" and inserting in lieu thereof "Superior Court of the Dis-
trict of Columbia in civil cases". 
(g) Section 3 of article I I I of the Act entitled "An Act to provide 
for compulsory school attendance, for the taking of a school census in 
the District of Columbia, and for other purposes", approved Febru-
43 Stat. 808. 
HYJ 4^ 1925 (D. C. Code, scc. 31-213), is amended by striking out "juve-
nile court" and inserting in lieu thereof "Family Division of the 
Superior Court". 
(h) Section 2 of the Act entitled "An Act for the protection of 
children in the District of Columbia and for other purposes", approved 
23^stat. 302; 
February 13, 1885 (D.C. Code, sec. 32-209), is amended— 
34 Stat. 73. 
^^^ 1^^ Striking out "police court" and inserting in lieu thereof 
"Family Division of the Superior Court", and 
(2) by striking out the proviso at the end thereof. 
(i) Section 6 of the Act entitled "An Act to regulate the placing of 
children in family homes, and for other purposes", approved April 22, 
73 Stat. 413. 
1944 (D.C. Code, sec. 32-786), is amended by striking out "Domestic 
Relations Branch of the Municipal Court" each time it appears and 
inserting in lieu thereof "Family Division of the Superior Court". 
(j) The Act entitled "An Act to regulate the employment of minors 
within the District of Columbia", approved May 29, 1928, is amended 
as follows: 
(1) The third sentence of section 22 of such Act (D.C. Code, sec. 
45 Stat. 1004. 
36-222) is amended by striking out "juvenile court" and inserting in 
lieu thereof "Family Division of the Superior Court". 
(2) Section 26 of such Act (D.C. Code, sec. 36-228) is amended by 
striking out "juvenile court" and inserting in lieu thereof "Family 
Division of the Superior Court". 
AMENDMENTS RELATING TO T H E CHIEF MEDICAL EXAMINER 
SEC. 160. (a) The Act entitled "An Act to establish a code of law 
for the District of Columbia", approved March 3, 1901, is amended as 
follows: 
^^3i^sj«t-^i298; 
(1) Section 683 of such Act (D.C. Code, sec. 27-125) is amended— 
76 Stat. 537. 
^^^^ ^^ Striking out "corouer of said District" each place it 
appears and inserting in lieu thereof "Chief Medical Examiner", 
and 
(B) by striking out "Coroner" each place it appears and in-
serting in lieu thereof "Chief Medical Examiner". 
31 Stat. 1298; 
(2) Sectiou 686 of such Act (D.C. Code, sec. 27-128) is amended 
63 Stat, 107. 
A 
J 
J! n 
to read as follows: 
"SEC. 686. This subchapter shall not be construed to (1) interfere 
with or prevent the disinterment of any body in accordance with sec-
Ante, p. 520. 
tion 11-2311 of the District of Columbia Code, or (2) interfere with 
the disposal of the ashes of bodies which have been cremated." 
7 7^stat^*77^^^' 
(3) Sectiou 802(a) of such Act (D.C. Code, sec. 40-606) is amended 
by striking out the second paragraph. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
579 
(b) Section 9 of the District of Columbia Tissue Bank Act (D.C. 
Code, sec. 2-258) is amended to read as follows: 
76 stat. 536. 
"SEC. 9. Office of the Chief Medical Examiner.—(a) The Com-
missioner is authorized to appoint physicians to perform the fimc-
tions of the Chief Medical Examiner, in accordance with chapter 23 
of title 11 of the District of Columbia Code. 
^'^^e, p. sis. 
"(b) The Chief Medical Examiner of the District of Columbia 
may, in his discretion, allow tissue to be removed from any dead hu-
man body in his custody or under his jurisdiction. Such tissue removal 
shall not interfere with other functions of his Office. The person who, 
in accordance with section 2(b) of the District of Columbia Anatomi-
cal Gift Act, is authorized to donate tissues from the body, shall first 
^"'^' P- 2^^-
authorize the tissue removal." 
AMENDMENTS RELATING TO THE REVENUE LAWS OF THE 
DISTRICT OF COLUMBIA 
SEC. 161. (a) The District of Columbia Revenue Act of 1937 is 
amended as follows: 
(1) Section 1 of title I X of such Act (D.C. Code, sec. 47-2401) is 
52 stat. 370. 
amended— 
(A) by striking out "The word 'Board', means the Board of Tax 
Appeals for the District of Columbia created by this title.", and 
(B) by striking out "The word 'court' shall mean the United 
States Court of Appeals for the District of Columbia." and insert-
ing in lieu thereof "The word 'court' shall mean the Superior 
Court of the District of Columbia, unless the context indicates 
otherwise." 
(2) Section 2 of title I X of such Act (D.C. Code, sec. 47-2402) is ^^^1^^^^]; ^47; 
amended (A) by striking out the first four paragraphs, (B) by strik- 
*^*' '**^* 
insr out "(a)", and (C) by striking out the paragraph designated 
"(b)". 
(3) Section 3 of title I X of such Act (D.C. Code, sec. 47-2403) is 
53 stat. nos. 
amended to read as follows: 
"SEC. 3. Any person aggrieved by any assessment by the District of 
any personal-property, inheritance, estate, business-privilege, gross-
receipts, gross-earnings, insurance premiums, or motor-vehicle-fuel tax 
or taxes, or penalties thereon, may within six months after payment of 
the tax, together with penalties and interest assessed thereon, appeal 
from the assessment to the Superior Court of the District of Columbia. 
The mailing to the taxpayer of a statement of taxes due shall be con-
sidered notice of assessment with respect to the taxes. The court shall 
hear and determine all questions arising on appeal and shall make 
separate findings of fact and conclusions of law, and shall render its 
decision in writing. The court may affirm, cancel, reduce, or increase 
(4) Section'4 of title I X of such Act (D.C. Code, sec. 47-2404) is 
^^ stat. 544. 
amended to read as follows: 
"SEC. 4. (a) Decisions of the Superior Court in civil tax cases are 
reviewable in the same manner as other decisions of the court in civil 
cases tried without a jury. The District of Columbia Court of Appeals 
has the power to affirm, modify, or reverse the decision of the Superior 
Court with or without remanding the case for hearing. 
"(b) The decision of the Superior Court shall become final (1) upon 
the expiration of the time allowed for filing a petition for review, if 
no petition is filed within that time; (2) upon the expiration of time 
allowed for filing a petition for certiorari if the decision of the Superior 
Court has been affirmed on appeal, the appeal has been dismissed, or 
no petition for certiorari has been filed; (3) upon denial of a j4ti-
580 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
tion for certiorari if the decision of the Superior Court has been af-
firmed on appeal or the appeal has been dismissed; or (4) upon the 
expiration of thirty days from the date of issuance of the mandate 
of the Supreme Court, if that Court has affirmed the decision of the 
Superior Court or dismissed the petition for review. 
"(c) If the Supreme Court directs that the decision of the Superior 
Court be modified or reversed, the decision rendered in accordance with 
the Supreme Court's mandate shall become final upon the expiration 
of thirty days from the time it was rendered unless within that time 
either the District or the taxpayer has instituted proceedings to have 
the decision corrected to accord with the mandate, in which event the 
decision of the Superior Court shall become final when so corrected. 
"(d) If the decision of the Superior Court is modified or reversed 
by the District of Columbia Court of Appeals and if (1) the time al-
lowed for filing a petition for certiorari has expired and no such peti-
tion has been filed, (2) the petition for certiorari has been denied, or 
(3) the decision of the District of Columbia Court of Appeals has been 
affirmed by the Supreme Court, then the decision of the Superior Court 
rendered in accordance with the mandate of the District of Columbia 
(^ourt of Appeals shall become final upon the expiration of thirty days 
from the time the decision of the Superior Court was rendered, unless 
within that time either the District or the taxpayer has instituted pro-
ceedings to have the decision corrected so that it will accord with the 
mandate, in which event the decision of the Superior Court shall 
become final when corrected. 
"(e) If the Supreme Court orders a rehearing, or if the case is re-
manded by the District of Columbia Court of Appeals for rehearing 
and if (1) the time allowed for filing of a petition for certiorari has 
expired and no petition has been filed; (2) the petition for certiorari 
has been denied; or (3) the decision of the District of Columbia Court 
of Appeals has been affirmed by the Supreme Court, then the decision 
of the Superior Court rendered upon such rehearing shall become final 
in the same manner as though no prior decision had been rendered. 
"Mandate". 
"(f) Xs used in this section the term 'mandate', in case a mandate 
has been recalled prior to the expiration of thirty days from the date 
of issuance, means the final mandate." 
(5) Section 5 of title I X of such Act (D.C. Code, sees. 47-709, 47-
52 Stat. 372; 
710, 47-711, 47-712, 47-716, and 47-2405) is amended by striking out 
66 Stat. 544. 
''ninety days" wherever it appears and inserting in lieu thereof "six 
months". 
R«p««i- 
(6) Sections 6, 8, and 9 of title I X of such Act (D.C. Code, sees. 
52 Stat. 374. 
47-2406,47-2408, and 47-2409) are repealed. 
74 Stat. 224. 
(7) Sectiou 14 of title I X of such Act (D.C. Code, sec. 47-2413) is 
amended to read as follows: 
"SEC. 14. (a) "Where there has been an overpayment of any tax, the 
nmount of the overpayment shall be refunded to the taxpayer. No re-
fund (other than inheritance and estate taxes) shall be allowed after 
two years from the date the tax is paid unless the taxpayer files a claim 
before tlie expiration of that period. The amount of refund of taxes 
(other than inheritance and estate taxes) shall not exceed the portion 
of the tax paid during the two years immediately preceding the filing 
of the claim or, if no claim is filed, then the two years immediately 
preceding the allowance of the refund. No refund of inheritance and 
estate taxes shall be allowed after three years from the date the tax 
is paid unless the taxpayer files a claim before the expiration of that 
period The amount of refund of inheritance and estate taxes shall not 
exceed the portion of the tax paid during the three years immediately 
preceding the filing of the claim or, if no claim is filed, then during the 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
581 
three years immediately preceding the allowance of the refund. Every 
claim for refund must be in writing under oath, must state the specific 
grounds on which it is founded, and must be filed with the Commis-
sioner. If the Commissioner disallows all or any part of the refund 
claim, he shall notify the taxpayer by registered or certified mail. 
After receiving notice of disallowance, if the claim is acted upon with-
in six months of filing, or after the expiration of six months from the 
date of filing if the claim is not acted upon, the taxpayer may appeal 
as provided in sections 3 and 4 of this title. This subsection does not 
apply to real estate taxes and it does not apply to taxes imposed by the 
District of Columbia Income Tax Act, by the District of Columbia 
!.^^^*^*"i°^/-
Income and Franchise Tax Act of 1947, or by titles I and I I of the Dis- 1501 note. 
trict of Columbia Revenue Act of 1949, refunds of which are other- 
^^ stat. 328. 
. 1 
T 1 
1 
' 
D . C . C o d e 4 7 -
wise provided by law, 
1551 note. 
"(b) In any proceeding under this title the Superior Court has 
63 stat. 112, 
jurisdiction to determine whether there has been any overpayment of 2601, 47-2701*^' 
tax and to order that any overpayment be credited or refunded to the notes. 
taxpayer, if a timely refund claim has been filed. 
"(c) Any other provision of law to the contrary notwithstanding, 
if it is determined by the Commissioner or by the Superior Court that 
there has been an overpayment of any tax, whether as a deficiency or 
otherwise, interest shall be allowed and paid on the overpayment at 
the rate of 4 per centum per annum from the date the overpayment 
was paid until the date of refund, but with respect to that part of any 
overpayment which was not assessed and paid as a deficiency or as 
additional tax interest shall be allowed and paid only from the date 
of filing a claim for refund or a petition to the Superior Court as the 
case may be, 
"(d) For purposes of this section, any interest or penalties paid by 
the taxpayer in connection with an overpayment of tax shall be 
deemed to be a part of the overpayment of tax." 
(b) Section 34 of the District of Columbia Income Tax Act (D.C. 
Code, sec. 47-1534) is amended by striking out the last sentence. 
^^ ^*^'" ^^°^* 
(c) Section 34 of the District of Columbia Income Tax Act (D.C. 
Code, sec, 47-1534) is amended by striking out "ninety days" and 
inserting in lieu thereof "six months", 
(d) The District of Columbia Revenue Act of 1949 is amended as 
follows: 
(1) Section 611 of such Act (D,C. Code, sec, 47-2810) is amended 
^^ stat. 139, 
by striking out ", except for such violations as are felonies, and pros-
ecutions for such violations as are felonies shall be by the United 
States attorney in and for the District of Columbia, or any of his 
(2) Section 303 of such Act (D,C. Code, sec, 40-603-1) is amended— 
" stat. 129, 
(A) by striking out the second sentence thereof, and 
(B) by striking out "ninety days" and inserting in lieu thereof 
"six months". 
(3) Section 141 of such Act (D.C. Code, sec. 47-2618) is amended 
^3 stat. 120, 
to read as follows— 
"SEC, 141, (a) Any vendor or purchaser aggrieved by a final de-
termination of tax or denial of an application for refund of any tax 
may appeal to the Superior Court in the same manner and to the 
same extent as set forth in sections 3, 4, 7, 10 and 11 of title I X of 
the District of Columbia Revenue Act of 1937. 
^"'^' PP- 579, 
"(b) If it is determined by the Commissioner or by the Superior 
^
5
2 stat. 374, 
Court that any part of any tax which was assessed as a deficiency, 
^
•
<
=
^
- code 47-
and any interest thereon paid by the taxpayer, was an overpayment, 
It-kn.'^'^^^' 
interest shall be allowed and paid on the overpayment of tax at the 
rate of 4 per centum per annum from the date the overpayment was 
paid until the date of refund," 
582 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
76 Stat. 15. 
33 Stat. 738; 
63 Stat. 107. 
(e) The Act of March 2,1962, is amended as follows: 
(1) Section 314 of such Act (D.C. Code, sec. 45-734) is amended— 
(A) by striking out subsection (b), and 
(B) by striking out "(a)". 
(2) Section 320 of such Act (D.C. Code, sec. 45-740) is amended by 
striking out ", except for such violations as are felonies, and pros-
ecution for such violations as are felonies shall be by the United States 
attorney in and for the District of Columbia, or any of his assistants". 
(f) Section 4 of the Act entitled "An Act to designate parcels of 
land in the District of Columbia for purposes of assessment and taxa-
tion, and for other purposes", approved February 23,1905 (D.C. Code, 
sec. 47-407), is amended hj inserting after "clerk of the United States 
District Court for the District of Columbia," the following: "clerk 
of the Superior Court of the District of Columbia,". 
•^^P^^^- 
(g) Paragraph 11 of section 6 of the Act of July 1, 1902 (D.C. 
32 Stat. 620. 
Code, sec. 47-1213), is repealed. 
(h) The Act entitled "An Act to amend the laws relating to assess-
ment and collection of taxes in the District of Columbia, and for other 
purposes", approved February 18, 1929, is amended as follows: 
45 Stat. 1226. 
(1) ^he first section of such Act (D.C. Code, sec. 47-1304) is 
amended by inserting after "shall be available also" in the second 
sentence thereof the following: "in the Superior Court of the District 
of Columbia". 
(2) Section 2 of such Act (D.C. Code, sec. 47-1305) is amended by 
striking out "equity court" and inserting in lieu thereof "Superior 
Court of the District of Columbia". 
^^p^^^- 
(i) Section 2 of title XV of the District of Columbia Income and 
61 Stat. 359. 
Fraucliise Tax Act of 1947 (D.C. Code, sec. 4<-1593a) is repealed. 
R«p*^i- 
(j) Section 7 of the Act entitled "An Act to amend certain tax 
laws applicable to the District of Columbia", approved July 10,1952 
66 Stat. 547. 
(D.C. Code, sec. 47-2414), is repealed. 
(k) Section 1 of title XV of the District of Columbia Income and 
61 Stat. 359. 
FrancWse Tax Act of 1947 (D.C. Code, sec. 47-1593) is amended by 
striking out "ninety days" and inserting in lieu thereof "six months". 
AMENDMENTS TO T H E DISTRICT OP COLUMBIA 
ADMINISTRATIVE PROCEDURE ACT 
SEC. 162. Section 11 of the District of Columbia Administrative 
82 Stat. 1209. 
Procedure Act (D.C. Code, sec. 1-1510) is amended— 
(1) in the first sentence, by striking out ", except" and all that 
follows in that sentence and inserting in lieu thereof of period; and 
(2) by repealing the last sentence. 
ADDITIONAL AMENDMENTS 
RELATING TO ADMINISTRATIVE 
PROCEDURE 
SEC. 163. (a) The second proviso of section 586d of the Act entitled 
"An Act to establish a code of law for the District of Columbia", ap-
45^stat. 1504; 
proved March 3,1901 (D.C. Code, sec. 29-417), is amended by striking 
80 Stat! 1430. 
out "have the action of the said Board of Higher Education reviewed 
by the United States District Court for the District of Columbia at an 
equity term thereof" and inserting in lieu thereof "appeal as provided 
in the District of Columbia Administrative Procedure Act (D.C. 
supra. 
Code, sees. 1-1501 to 1-1510)". 
(b) Subsection (c) of section 137 of the District of Columbia Busi-
68 Stat. 234. 
j^ess Corporatiou Act (D.C. Code, sec. 29-948(c)) is amended to read 
as follows: 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
583 
"(c) Appeals from all final orders and judgments entered by the 
court under this section may be taken by either party to the proceed-
ing within sixty days after service on the party of a copy of the order 
or judgment of the court." 
(c) The first paragraph of section 28 of the Life Insurance Act, 
approved June 19, 1934 (D.C. Code, sec. 35-427) is amended by strik- ^^^l\^^' ^^'^°' 
ing out "from the ruling of the superintendent to the United States 
District Court for the District of Columbia, in equity" and all that 
follows and inserting in lieu thereof "as provided by the District of 
Columbia Administrative Procedure Act (D.C. Code, sees. 1-1501 to 
1-1510)." 
Ante, p. 582, 
(d) Section 1210 of the District of Columbia Insurance Placement 
Act, approved August 1, 1968 (D.C. Code, sec. 35-1709), is amended 
^^ stat. 571. 
by striking out "section 11-742 of the District of Columbia Code" 
and inserting in lieu thereof "the District of Columbia Administra-
tive Procedure Act (D.C. Code, sees. 1-1501 to 1-1510)". 
(e) Subsection (b) of section 10 of the Act entitled "An Act to 
provide for voluntary apprenticeship in the District of Columbia", 
approved May 21, 1946 (D.C. Code, sec. 36-130(b)), is amended by 
^0 ^tat. 207. 
striking out the fourth sentence and all that follows and inserting in 
lieu thereof "Any person aggrieved by the action of the Council may 
appeal as provided in the District of Columbia Administrative Pro-
cedure Act (D.C. Code, sees. 1-1501 to 1-1510)." 
(f) Subsection (a) of section 9 of the Act of September 19, 1918 
(D.C. Code, sec. 36-409), is amended by striking out the second sen- 
^° ^*^'- ^^'^• 
tence and all that follows thereafter and inserting in lieu thereof "The 
review shall be governed by the District of Columbia Administrative 
Procedure Act (D.C. Code, sees. 1-1501 to 1-1,510)." 
(g) The District of Columbia Traffic Act, 1925, is amended as 
follows: 
(1) Subsection (a) of section 13 (D.C. Code, sec. 40-302(a)) is „^i^'^*;//28; 
amended by striking out "sections 11-742, 17-303, 17-304, 17-305(b), 
17-306 and 17-307 of the District of Columbia Code" and inserting 
in lieu thereof "the District of Columbia Administrative Procedure 
Act (D.C. Code, sees. 1-1501 to 1-1510)". 
(2) Subsection (d) of section 6 (D.C. Code, sec. 40-603(d)) is 
46 stat. 1425. 
amended by striking out "and jurisdiction is hereby conferred upon 
the Court of Appeals of the district for this purpose". 
(h) The second paragraph of section 4 of the Motor Vehicle Safety 
Responsibility Act of the District of Columbia, approved May 25, 
1954 (D.C. Code, sec. 40-420), is amended by striking out the second 
^^ stat. 121; 
and succeeding sentences and inserting in lieu thereof "Appeal shall ^^ ^*^'' ^^* 
be as provided in the District of Columbia Administrative Procedure 
Act (D.C. Code,sees. 1-1501 to 1-1510)." 
(i) Section 8 of the Act of March 4, 1913, is amended as follows: 
(1) Paragraph 50 of such section (D.C. Code, sec. 43-420) is 
37 stat. gas. 
amended by striking out "circuit courts" and inserting in lieu thereof 
"the Superior Court of the District of Columbia". 
(2) Paragraph 65 of such section (D.C. Code, sec. 43-705) is 
49 stat, 882. 
amended by striking out the third subparagraph. 
(3) Paragraph 68 of such section (D.C. Code, sec. 43-708) is 
Repeal. 
repealed. 
49 stat. 884. 
(j) The Act entitled "An Act to provide for unemployment com-
pensation in the District of Columbia, authorize appropriations, and 
for other purposes", approved August 28,1935, is amended as follows: 
(1) Section 3(c) (10) of such Act (D.C. Code, sec. 46-303(c) (10)) 
Jl^f,^\o\^^'' 
is amended by striking out the last sentence thereof. 
(2) Section 12 of such Act (D.C. Code, sec. 46-312) is amended 
by striking out " ( a ) " and by striking out subsection (b). 
47-348 O - 72 - 41 (Pt. 1) 
584 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
45 Stat. 1338; 
77 Stat. 615. 
Infra, 
Ante, p. 582. 
45 Stat. 1337. 
54 Stat. 718; 
63 Stat. 107. 
AMENDMENTS RELATING TO REVIEW OF ADMINISTRATIVE ACTIONS 
REGARDING OCCUPATIONS AND PROFESSIONS 
SEC. 164. (a) The Act entitled "An Act to regulate the practice of 
the healing art to protect the public health in the District of 
Columbia", approved February 27, 1929, is amended as follows: 
(1) Section 38 of such Act (D.C. Code, sec. 2-129) is amended to 
read as follows: 
"SEC. 38. The Commission may refuse to license or to register any 
person for any cause that in the judgment of the Commission would 
authorize suspension or revocation of a license or registration under 
section 27 of this Act. Before the Commission refuses to license or 
register any applicant for cause under this section, it shall give him 
an opportunity to be heard in person or by attorney and to produce 
witnesses in his behalf. Witnesses may be produced on behalf of the 
Commission and on behalf of any interested person. The attendance 
and testimony of witnesses may be compelled by subpena issued by 
the Superior Court of the District of Columbia, and that court is 
authorized to issue and enforce the subpenas on petition of the Com-
mission. Any person failing or refusing, without just cause, to appear 
and testify in response to a subpena, or in any way obstructing the 
course on any hearing to which he has been subpenaed, is guilty of 
contempt of court and may be punished as other persons guilty of 
contempt of court are punished. Any member of the Commission may 
administer oaths at any hearing. Review of the Commission's action 
may be had in accordance with the District of Columbia Adminis-
trative Procedure Act (D. C. Code, sees. 1-1501 to 1-1510)." 
(2) Section 27 of such Act (D.C. Code, sec. 2-123) is amended to 
read as follows— 
"SEC. 27. Suspension or revocation by the Commission of any license 
issued or registration effected under this Act, with respect to a person 
guilty of misconduct or professionally incapacitated, shall be governed 
by the District of Columbia Administrative Procedure Act (D.C. 
Code, sec. 1-1501 to 1-1510)." 
(b) The Act of July 2,1940, is amended as follows: 
(1) Section 11 of such Act (D.C. Code, sec. 2-311) is amended— 
(A) by striking out all that precedes paragraph (a) and insert-
ing in lieu thereof "The Board may revoke or suspend the license 
of any dentist in the District of Columbia upon proof satisfactory 
to the Board—", and 
(B) by striking out "the said court" in the last sentence and 
inserting in lieu thereof "the Board". 
(2) The last sentence of section 25 of such Act (D.C. Code, sec. 
2-325) is amended to read as follows: "The license of a dentist who 
permits a dental hygienist, operating under his supervision, to per-
form any operation other than that permitted under this section, may 
be suspended or revoked, and the license of the hygienist violating 
this Act may also be suspended or revoked, in accordance with section 
12 of this Act." 
(3) Section 12 of such Act (D.C. Code, sec. 2-312) is amended to 
read as follows: 
"SEC. 12. Suspension or revocation by the Board of any license 
issued or registration effected under this Act, with respect to a person 
guilty of misconduct or professionally incapacitated, shall be governed 
by the District of Columbia Administrative Procedure Act (D.C. 
Code, sees. 1-1501 to 1-1510)." 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
585 
(c) The Act entitled "An Act to amend the Act to regulate the prac-
tice of podiatry in the District of Columbia", approved June 29,1940, 
is amended as follows: 
(1) Section 7 of such Act (D.C. Code, sec. 2-707) is amended— 
^\ll^^- ^^^'' 
(A) by striking out all that precedes paragraph (a) and insert-
ing in lieu thereof "The Board may revoke or suspend the license 
of any podiatrist in the District of Columbia upon proof satis-
factory to the Board—", and 
(B) by striking out "the said court" in the last sentence and 
inserting in lieu thereof "the Board". 
(2) Section 8 of such Act (D.C. Code, sec. 2-708) is amended to 
read as follows: 
"SEC. 8. Suspension or revocation by the Board of any license issued 
or registration effected under this Act, with respect to a person guilty 
of misconduct or professionally incapacitated, shall be governed by 
the District of Columbia Administrative Procedure Act (D.C. Code, 
sees. 1-1501 t o 1-1510) ."* 
Ante. p. 582. 
(d) Section 6 of the Act entitled "An Act to define the term of 
'registered nurse' and to provide for the registration of nurses in the 
District of Columbia", approved February 9, 1907 (D.C. Code, sec. 
2-407), is amended by striking out all after the first sentence and in- yg'^stat^^iaos^^' 
serting in lieu thereof "Suspension or revocation by the Nurses' Exam-
ining Board of any license issued or registration effected under this 
Act, with respect to a person guilty of misconduct or professionally 
incapacitated, shall be governed by the District of Columbia Adminis-
trative Procedure Act (D.C. Code, sees. 1-1501 to 1-1510)." 
(e) Section 7 of the Act of March 2, 1929 (D.C. Code, sec. 2-406), 
^7 stat. eis. 
is amended by striking out "sections 11-742, 17-303, 17-304, 17-305 
(b), 17-306, and 17-307 of the District of Columbia Code" and insert-
ing in lieu thereof "the District of Columbia Administrative Procedure 
Act (D.C. Code, sees. 1-1501 to 1-1510)". 
(f) Section 4(d) of the District of Columbia Tissue Bank Act 
(D.C. Code, sec. 2-253) is amended by striking out ", and may seek 
^/IJ^*^*" ^^^' 
review by the United States Court of Appeals for the District of Co-
lumbia" and all that follows and inserting in lieu thereof a period. 
(g) The District of Columbia Practical Nurses' Licensing Act 
is amended as follows: 
(1) Section 15 of such Act (D.C. Code, sec. 2-434) is amended by 77^1,11^'^^^^^' 
striking out ", and may seek a review by the LTnited States Court of 
Appeals" and all that follows and inserting in lieu thereof a period. 
(2) Section 8(b) of such Act (D.C. Code, sec. 2-i27) is amended 
by striking out "in accordance with the provisions of subsection (c), 
section 5 of the Act of April 1, 1942 (56 Stat. 193, ch. 207; sec. 11-
756(c),D.C. Code, 1951 edition)". 
(h) Section 14 of the Physical Therapists Practice Act (D.C. Code, 
sec. 2-463) is amended by striking out ", and may seek a review by the 
^s stat. 582i 
United States Court of Appeals for the District of Columbia" and ^^ ^'^'' ^^^ 
all that follows and inserting in lieu thereof a period. 
(i) The third sentence of section 10 of the Act entitled "An Act to 
regulate the practice of veterinary medicine in the District of Colum-
bia", approved February 1, 1907 (D.C. Code, sec. 2-810), is amended 
34 stat. 873;; 
by striking out ", as provided by section 11-742, 17-303, 17-304, ^^ ^'°'" ^^^• 
17-305 (b), 17-306 and 17-307 of the District of Columbia Code". 
(j) The second paragraph of section 10 of the Act entitled "An 
Act to regulate barbers in the District of Columbia, and for other 
purposes", approved June 7,1938 (D.C. Code, sec. 2-1110), is amended 
52 stat. 622; 
by striking out "in the manner provided by sections 11-742, 17-303, ^' ^*"'' ^^^" 
17-304, l7-305(b), 17-306, and 17-307 of the District of Columbia 
Code". 
586 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
(k) The fourth paragraph of section 7 of the Act entitled "An Act 
to regulate the practice of pharmacy and the sale of poisons in the 
District of Columbia, and for other purposes", approved May 7, 1906 
44 Stat. 1414; 
(D.C. Code, sec. 2-606), is amended by striking out ", in the manner 
Stat. 616. 
provided by sections 11-742, 17-303, 17-304, 17-305 (b), 17-306 and 
17-307 of the District of Columbia Code". 
(1) Section 28 of the Act entitled "An Act to provide for the ex-
amination and registration of architects and to regulate the practice 
of architecture in the District of Columbia", approved December 13, 
77 Stat. 616. 
1924 (D.C. Code, sec, 2-1028), is amended by striking out", in the man-
ner provided by sections 11^742, 17-303, 17-304, 17-305 (b), 17-306 
and 17-307 of the District of Columbia Code". 
(m) Section 7(a) of the Act entitled "An Act to regulate and license 
pawnbrokers in the District of Columbia", approved August 6, 1956 
70 Stat. 1039. 
(D.C. Code, sec. 2-2007), is amended by strikmg out "in accordance 
with the provisions of subsection (c), section 5 of the Act of April 1, 
1942 (50 Stat. 193, ch. 207; sec. 11-756(c), D.C. Code, 1951 edition)", 
(n) Section 9 of the Professional Engineers Registration Act (D.C. 
Code, sec. 2-1809) is amended— 
64 Stat. 862. 
(1) ]jy amending subsection (e) to read as follows: 
"(e) Any person aggrieved by the action of the Board may appeal 
as provided in the District of Columbia Administrative Procedure 
Ante, p. 582. 
Act (D.C. Code, secs. 1-1501 to 1-1510).", and 
(2) by striking out subsections (f), (g). and (h). 
(o) Section 9 of the Act of August 25, 1937 (D.C. Code, sec. 45-
50 Stat. 794; 
1409), is amended by striking out "sections 11-742, 17-303, 17-304, 
17_305(b), 17-306 and 17-307 of the District of Columbia Code" and 
inserting in lieu thereof "the District of Columbia Administrative 
Procedure Act (D.C. Code, secs. 1-1501 to 1-1510)". 
(P) 
)de, 
17-303, 17-304, 17-305 (b), 17-306 and 17-307 of the District of 
(yolumbia Code" and inserting in lieu thereof "the District of Columbia 
Administrative Procedure Act (D.C. Code, secs. 1-1501 to 1-1510)". 
AMENDMENTS RELATING TO ENFORCEMENT OF SUPPORT 
Repeals. 
s^e. 165. (a) The Act of March 23, 1906 (D.C. Code, secs. 22-903, 
34 Stat. 86; 
22-904, 22-905), is repealed. 
(b) The proviso of so much of the first section of the Act of May 18, 
1910, as appears under the heading "COURTS" and the subheading 
36 Stat. 403. 
"JUVENILE COURT" (D.C. Code, sec. 22-906) is repealed. 
(c) Subsection (c) of section 19 of the District of Columbia Public 
76 Stat. 919; 
Asslstance Act of 1962 (D.C. Code, sec. 3-218) is repealed. 
° ' 
• 
(d) Section 6 of the Act entitled "An Act to improve and extend, 
through reciprocal legislation, the enforcement of duties of support 
in the District of Columbia", approved July 10, 1957 (D.C. Code, sec. 
71 Stat. 286; 
30-306), is amended to read as follows: 
^'^*' ^^" 
"SEC. 6. Proceedings to enforce duties of support initiated by the 
District of Columbia shall be commenced by the filing of a complaint 
irrespective of the relationship between the plaintiff and defendant. 
Jurisdiction of all proceedings under this Act is vested in the Family 
Division of the Superior Court of the District of Columbia which shall 
have all power and authority heretofore vested in the Domestic Rela-
tions Branch of the District of Columbia Court of General Sessions," 
77 Stat. 617, 
(p) Paragraph 42 of section 7 of the Act of July 1, 1902 (D.C. 
^^47^stat^^559; 
Code, sec. 47-2101), is amended by striking out "sections 11-742, 
60 Stat. 793. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
1587 
AMENDMENTS RELATING TO T H E CONDEMNATION OF LAND 
SEC. 166. (a) Section 2(b) of the District of Columbia Alley Dwell-
ing Act, approved June 12, 1934 (D.C. Code, sec. 5-104), is amended 
^« ^'^'- "^• 
by striking out "the Act entitled 'An Act to provide for the acquisi-
tion of land in the District of Columbia for the use of the United 
States', approved March 1,1929" and inserting in lieu thereof "chapter 
13 of title 16 of the District of Columbia Code". 
^"'^' P' "^• 
(b) Section 5 of the District of Columbia Redevelopment Act of 
1945 (D.C. Code, sec. 5-704) is amended by striking out "the Act 
entitled 'An Act to provide for the acquisition of land in the District 
of Columbia for the use of the United States', approved March 1,1929 
(45 Stat. 1415) or Acts which may amend or supplement said Act" 
and inserting in lieu thereof "chapter 13 of title 16 of the District of 
Columbia Code". 
(c) Section 1 of the Act of March 4, 1929 (D.C. Code, sec. 6-505), 
^s stat. 1549,, 
is amended by striking out "Chapter XV of the Code of Law for the 
District of Columbia" and inserting in lieu thereof "chapter 13 of 
title 16 of the District of Columbia Code". 
(d) Section 491d of the Act entitled "An Act to establish a code 
of law for the District of Columbia", approved March 3, 1901 (D.C. 
Code, sec. 7-205), is amended to read as follows: 
"^^ ^^^^- ^ee. 
"SEC. 491d. After the return of the marshal and filing of proof of 
publication of the notice provided for in section 491c, the court shall 
order the selection of a condemnation jury as provideid in section 16-
1312 of the District of Columbia Code. The jury shall consist of five 
persons and each juror shall take an oath or affirmation that he is not 
interested in any manner in the land to be condemned, is not related to 
the parties interested therein, and will fairly and impartially ascertain 
the damages each owner of land to be taken may sustain by reason of 
the opening, extension, widening, or straightening of the street, avenue, 
road, or highway, and the condemnation of land needed for the pur-
pose thereof, and to assess the benefits resulting therefrom as herein-
after provided." 
(e) Section 491h of the Act entitled "An Act to establish a code of 
law for the District of Columbia", approved March 3,1901 (D.C. Code, 
sec. 7-209), is amended by striking out "shall order the jury commis- 
'^^ ^*^*- 5^^-
sion to draw from the special box the names of as many persons as the 
court may direct, and from among the persons so drawn the court shall 
thereupon appoint" and inserting in lieu thereof "shall order the selec-
tion in accordance with section 491d of". 
(f) Section 491m of the Act entitled "An Act to establish a code 
of law for the District of Columbia", approved March 3, 1901 (D.C. 
Code, sec. 7-214), is amended by striking out "court of appeals of the 48^stat^*926^^' 
District of Columbia" and inserting m lieu thereof "District of 
Columbia Court of Appeals". 
(g) Section 3(a) of the Act entitled "An Act to authorize the Com-
missioners of the District of Columbia to acquire, operate, and regulate 
public off-street parking facilities, and for other purposes", approved 
Februar}^ 16,1942 (D.CTCode, sec. 40-804(a)), is amended by striking 
se stat. 91. 
out "sections 483 to 491, inclusive, of chapter XV, as amended, of the 
Code of Law for the District of Columbia, approved March 3, 1901 
(31 Stat. 1265-1266)" and inserting in lieu thereof "chapter 13 of title 
16 of the District of Columbia Code". 
588 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
AMENDMENTS RELATING TO LANDLORD-TENANT ACTIONS 
SEC. 167. The Act entitled "An Act to establish a code of law for 
the District of Columbia", approved March 3, 1901, is amended as 
follows— 
77'stal^*77'^''*' 
(1) Section 1235 of such Act (D.C. Code, sec. 45-909) is amended 
to read as follows— 
"SEC. 1235. Whenever real and personal property are leased to-
gether, as, for example, a house with furniture contained therein, the 
landlord, either in an action of ejectment or in the summary proceed-
ing for possession, in the Superior Court of the District of Columbia, 
may have a judgment for recovery of the personalty as well as the 
realty." 
(2) Section 1225 of such Act (D.C. Code, sec. 45-910) is amended 
by striking out "or the landlord may bring an action to recover pos-
session before a justice of the peace, as provided in chapter one, 
subchapter one, aforesaid". 
K^p^^i- 
(3) Section 1228 of such Act (D.C. Code, sec. 45-914) is repealed. 
AMENDMENTS RELATING TO ACTIONS BY AND AGAINST 
CERTAIN B U S I N E S S E S 
Public Utilities 
SEC. 168. (a) The Act of March 4,1913, is amended as follows: 
4/7 stau^988; 
(1) Paragraph 64 of section 8 of such Act (D.C. Code, sec. 43-704) 
63 Stat! 107! 
is amended by striking out "United States District Court for the Dis-
trict of Columbia" and inserting in lieu thereof "District of Columbia 
Court of Appeals". 
(2) Paragraph 65 of section 8 of such Act (D.C. Code, sec. 43-705) 
is amended by striking out "United States District Court for the 
District of Columbia" each time it appears and inserting in lieu thereof 
"District of Columbia Court of Appeals". 
(3) Paragraph 67 of section 8 of such Act (D.C. Code, sec. 43-707) 
is amended by striking out "United States District Court for the 
District of Columbia" and inserting in lieu thereof "District of Co-
lumbia Court of Appeals". 
63^stat?'io7^'*' 
(^) Paragraph 94 of section 8 of such Act (D.C. Code, sec. 43-401) 
is amended by striking out "United States District Court for the Dis-
trict of Columbia" and inserting in lieu thereof "District of Columbia 
Court of Appeals". 
(5) Section 11 of such Act (D»C. Code, sec. 43-502) is amended by 
striking out "United States District Court for the District of Colum-
bia" and inserting in lieu thereof "Superior Court for the District of 
Columbia". 
g333^stat.^246; 
(b) Scctlon 7 of the Act of April 22,1904 (D.C. Code, sec. 43-1515), 
is amended by striking out "United States District Court for the 
District of Columbia" and inserting in lieu thereof "Superior Court 
of the District of Columbia". 
Business Corporations 
(c) The District of Columbia Business Corporation Act, approved 
June 8,1954, is amended as follows: 
68 Stat. 180. 
(1) Section 2(r) of such Act (D.C. Code, sec. 29-902(r)) is 
amended to read as follows: 
"(r) 'The court', except where otherwise specified^ means the court 
in the District of Columbia having jurisdiction of civil actions wherein 
the amount in controversy exceeds $50,000." 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
589 
(2) Sections 81, 89, and 90 of such Act (D.C. Code, sees. 29-930e, 
29-931a, 29-931b) are each amended by striking out "United States „^|^f;^*24?^' 
District Court for the District of Columbia" each time it appears and 
inserting in lieu thereof "court". 
(3) Section 137 of such Act (D.C. Code, sec. 29-948) is amended by 
^s s'at. 234. 
striking out "United States District Court for the District of Colum-
bia" each time it appears and inserting in lieu thereof "court". 
(d) The Act entitled "An Act to establish a Code of laws for the 
District of Columbia", approved March 3,1901, is amended as follows: 
(1) Section 639d of such Act (D.C. Code, sec. 29-240) is amended— Jl^f.^'i^^^^'"'' 
(A) by striking out "the United States District Court for the 
District of Columbia" the first time it appears and inserting in 
lieu thereof "the court having jurisdiction of civil actions wherein 
the amount in controversy exceeds $50,000", 
(B) by striking out "the United States District Court for the 
District of Columbia" the second time it appears and inserting in 
lieu thereof "such court", and 
(C) by striking out "said United States District Court for the 
District of Columbia" each time it appears and inserting in lieu 
thereof "such court". 
(2) Sections 768, 782, and 786 of such Act (D.C. Code, sees. 29-
701, 29-715, and 29-719) are each amended by striking out "United 
JI^II^\Q\^^^'' 
States District Court for the District of Columbia" and inserting in 
lieu thereof "court having jurisdiction of civil actions wherein the 
amount in controversy exceeds $50,000". 
(e) The District of Columbia Nonprofit Corporation Act is 
amended as follows: 
(1) Section 2(k) of such Act (D.C. Code, sec. 29-1002(k)) is 
76 stat. 257. 
amended to read: 
"(k) 'The court', except where otherwise specified, means the court 
in the District of Columbia having jurisdiction of civil actions where-
in the amount in controversy exceeds $50,000." 
(2) Section 55 of such Act (D.C. Code, sec. 29-1055) is amended 
^e stat. 287. 
by striking out "The United States District Court for the District of 
Columbia" and inserting in lieu thereof "The court". 
(3) Section 94 of such Act (D.C. Code, sec. 29-1094) is amended 
^^ stat. 302. 
by striking out "the United States District Court for the District of 
Columbia" each place it appears and inserting in lieu thereof "the 
court". 
Insurance Companies 
(f) Section 20 of chapter I I of the Life Insurance Act (D.C. Code, 
sec. 35-419) is amended by striking out "United States District Court 63''|taS^\'o"^^' 
for the District of Columbia" and inserting in lieu thereof "court 
having jurisdiction of civil actions wherein the amount in controversy 
exceeds $50,000". 
(g) Section 5 of chapter I I of the Fire and Casualty Act (D.C. 
Code, sec. 35-1308) is amended by striking out "United States District 
54 stat. io67; 
Court for the District of Columbia" and inserting in lieu thereof " ^'^** ^°^* 
"court having jurisdiction of civil actions wherein the amount in 
controversy exceeds $50,000". 
Partnerships 
(h) Section 25 of the Uniform Limited Partnership Act (D.C. 
Code, sec. 41-425) is amended by striking out "United States District 
^^ ^tat. eei. 
Court for the District of Columbia" and inserting in lieu thereof 
"court having jurisdiction of civil actions wherein the amount in con-
troversy exceeds $50,000". 
590 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
AMENDMENTS RELATING TO ILLEGAL ACTION BY CORPORATIONS 
SEC. 169. The Act entitled "An Act to establish a code of law for the 
District of Columbia", approved March 3,1901, is amended as follows: 
3 1 Stat. 1288. 
(1) Section 632 of such Act (D.C. Code, sec. 29-228) is amended 
by striking out "to the United States" and inserting in lieu thereof 
"to the District of Columbia". 
Ante, p. 589. 
(2) Sectiou 786 of such Act (D.C. Code, sec. 29-719) is amended 
by striking out "in the name of the United States". 
• (3) Section 793 of such Act (D.C. Code, sec. 29-725) is amended 
by striking out "in the name of the United States". 
31 Stat. 1320 
32 Stat. 534. 
70 Stat. 609. 
36 Stat. 1002; 
63 Stat. 107. 
AMENDMENT RELATING TO HOSPITALIZATION OF ADDICTS 
SEC. 170. Section 3 of the Act entitled "An Act to provide for the 
treatment of users of narcotics in the District of Columbia", approved 
June 24, 19,53 (D.C. Code, sec. 24-602), is amended by striking out 
"Juvenile Court Act of the District of Columbia, as amended" and 
inserting in lieu thereof "chapter 23 of title 16 of the District of 
Columbia Code". 
AMENDMENT RELATING TO TRANSFER OF PRISONERS 
SEC. 171. So much of the first section of the Act of March 2, 1911, 
as relates to the workhouse (D.C. Code, sec. 24-403) is amended by 
inserting: after "United States District Court for the District of 
Columbia" each time it appears the following: ", Superior Court 
of the District of Columbia,". 
Al^IENDMENTS TO T H E UNITED STATES CODE 
SEC. 172. (a) (1) Section 1257 of title 28, United States Code, is 
62 Stat. 929. 
amended by adding after and below paragraph (3) the following 
new sentence: "For the purposes of this section, the term 'highest 
court of a State' includes the District of Columbia Court of Appeals." 
72"t!t^94?^' 
(^) ^^^^ Chapter 133 of title 28, United States Code, is amended by 
28 use 2101- 
adding at the end thereof the following new section: 
^"'" 
"§ 2113. Definition 
"For purposes of this chapter, the terms 'State court', 'State courts', 
and 'highest court of a State' include the District of Columbia Court 
, of Appeals." 
(B) The analysis of chapter 133 is amended by adding at the end 
thereof the following new item: 
"2113. Definition." 
82 Stat. 61. 
^^^ Section 1869(f) of title 28, United States Code, is amended by 
striking out everything following "Canal Zone Code" and inserting in 
lieu thereof a semicolon and the following: "except that for purposes 
of sections 1861,1862,1866(c), 1866(d), and 1867 of this chapter such 
terms shall include the Superior Court of the District of Columbia;". 
8o"stl\^*88o°'' 
(c) (1) Chapter 85 of title 28 of the LTnited States Code is amended 
28 use 1331- 
by adding at the end thereof the following new section: 
"§ 1363. Construction of references to laws of the United States 
or Acts of Congress 
"For the purposes of this chapter, references to laws of the United 
States or Acts of Congress do not include laws applicable exclusively 
to the District of Columbia." 
1362. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
591 
(2) The analysis of chapter 85 is amended by adding at the end 
thereof the following new item: 
"1363. Construction of references to laws of the United States or Acts of 
Congress.". 
(d) (1) Chapter 89 of title 28, United States Code, is amended by 
^ l'^^ ^^^ 
adding at the end thereof the following new section: 
i4so. 
"§ 1451. Definitions 
"For purposes of tliis chapter— 
"(1) The term 'State court' includes the Superior Court of the 
District of Columbia. 
"(2) The term 'State' includes the District of Columbia." 
(2) The analysis of chapter 89 is amended by adding at the end 
thereof the following new item: 
"1451. Definitions." 
(e) Section 292 of title 28, United States Code, is amended— 
72 stat. 848. 
(1) by redesignating subsections (c) and (d) as subsections 
(d) and (e), respectively; and 
(2) by adding after 
subsection 
(b) the following new 
subsection: 
"(c) The chief judge of the United States Court of Appeals for 
the District of Columbia Circuit may, upon presentation of a cer-
tificate of necessity by the chief judge of the Superior Court of the 
District of Columbia pursuant to section 11-908 (c) of the District 
of Columbia Code, designate and assign temporarily any district 
^"*^' P- ^sa. 
judge of the circuit to serve as a judge of such Superior Court, if such 
assignment (1) is approved by the Attorney General of the United 
States following a determination by him to the effect that such assign-
ment is necessary to meet the ends of justice, and (2) is approved by 
the chief judge of the United States District Court for the District 
of Columbia." 
(f) Section 5102(c) (4) of title 5, United States Code, is amended 
so stat. 445. 
to read as follows: 
"(4) teachers, school officials, and employees of the Board of 
Education of the District of Columbia whose pay is fixed under 
chapter 15 of title 31, District of Columbia Code; the chief judges ^^^fe^'^'as^^^' 
and the associate judges of the Superior Court of the District 
D.^C. code" 
of Columbia and the District of Columbia Court of Appeals; si-isoi to 
and nonjudicial employees of the District of Columbia court ^^'^^'*^' 
system whose pay is fixed under title 11 of the District of Colum-
bia Code;". 
AMENDMENTS RELATING TO T H E DISTRICT OF COLUMBIA'S 
SHARE OF EXPENSES OF T H E FEDERAL COURTS 
SEC. 173. (a) (1) All outstanding and future obligations of the 
Commissioner of the District of Columbia with respect to the District 
of Columbia's share of the cost of construction, operation, mainte-
nance, and repair of the United States courthouse in the District of 
Columbia, as required by the Act of May 14, 1948 (62 Stat. 235), are 
canceled upon the effective date of this title. 
(2) Beginning on the effective date of this title, the Executive 
Officer of the District of Columbia courts shall reimburse to the United 
States from any funds in the Treasury to the credit of the District 
of Columbia courts the amount determined by the Administrator of 
General Services to be necessary to cover seventy-five per centum of 
the costs of operation, maintenance, and repair of space used by the 
United States attorney and the United States marshal for the District 
of Columbia. 
Ante, p. 475. 
592 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
42^statr*668f' 
(^) Sectioii 7 of the Act of June 30,1906 (D.C. Code, sec. 47-204), 
63 Stat! 10?! 
is amended to read as follows: 
"SEC. 7. (a) (1) Until the day before the effective date of the Dis-
trict of Columbia Court Reorganization Act of 1970, the Commis-
sioner of the District of Columbia shall reimburse the United States 
for 60 per centum of the expenditures made on or before that day 
for the expenses of the Ignited States District Court for the District 
of Columbia that are described in paragraph (2). During the thirty-
month period beginning on such effective date, the Executive Officer 
of the District of Columbia courts shall reimburse the United States 
for expenditures made during that period for such expenses at the 
following rates of reimbursement: 
" (A) 40 per centum for the first eighteen months of such period. 
"(B) 20 per centum for the remainder of such period. 
"(2) The expenses referred to in paragraph (1) are fees of wit-
nesses, fees of jurors, pay of bailiffs and criers (including salaries of 
deputy marslials who act as bailiffs or criers), and all other miscel-
laneous expenses of the Ignited States District Court for the District 
of Columbia. 
"(b) Beginning after the thirty-month period referred to in sub-
section (a), the Executive Officer of the District of Columbia courts 
shall reimburse the United States for the District of Columbia's share 
of the cost for jury selection and grand jury expenses, as determined 
by the Director of the Administrative Office of the United States 
Courts. Estimates of the District of Columbia's share of such costs for 
each fiscal year shall be submitted to the Joint Committee on Judicial 
Administration of the District of Columbia courts for transmission 
with the annual estimate of the District of Columbia courts under 
Ante, p. 514. 
sectiou 11-1743 of title 11 of the District of Columbia Code. 
"(c) Reimbursement made under this section shall be made from 
funds in the Treasury to the credit of the District of Columbia." 
(c) Section 6 of the Act of August 2, 1949 (D.C. Code, sec. 47-
63 Stat. 491. 
213), is amended by inserting before the period at the end thereof 
", until eighteen months after the effective date of the District of 
Columbia Court Reorganization Act of 1970". 
(d) lentil the day before the effective date of the District of Colum-
bia Court Reorganization Act of 1970, the Commissioner of the Dis-
trict of Columbia shall reimburse the United States for 30 per centum 
of the expenditures made on or before that day for the expenses of 
the United States Court of Appeals for the District of Columbia Cir-
cuit. During the thirty-month period beginning on such effective date, 
the Executive Officer of the District of Columbia Courts shall reim-
burse the United States for expenditures made during that period 
for such expenses at the following rates of reimbursement: 
(1) 20 per centum for the first eighteen months of such period. 
(2) 10 per centum for the remainder of such period. 
Xotwithstanding any other provision of law, no reimbursement for 
such expenses shall be required after the expiration of the thirty-
month period beginning on such effective date. 
PART E—TRANSITION PROVISIONS; APPOINTMENT or ADDITIONAL 
JUDGES; AND EFFECTIVE DATE 
EXISTING 
R E C O R D S , FILES, PROPERTY. AND FUNDS 
SEC. 191. (a) The files, records, property, and unexpended balances 
of appropriations and other funds of the former District of Columbia 
Court of General Sessions, the Juvenile Court of the District of Colum-
bia, and the District of Columbia Tax Court are transferred to the 
Superior Court of the District of Columbia. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
593 
(b) The files, records, and property of the United States District 
Court for the District of Columbia with respect to its jurisdiction on 
the day before the effective date of this title under— 
(1) chapters 5, 7, 11, 13, and 15 of title 21, respectively of the 
^9 stat. 751. 
District of Columbia Code, as in effect on such day, shall be trans-
ferred to the Superior Court of the District of Columbia not later 
than forty-five days after the Superior Court takes jurisdiction 
under section 11-921 (a) (4) of title 11 of the District of Columbia 
Code (as contained in the revision made by part A of this title) 
^"'^' P- '*^'*-
of actions or other matters brought under such chapters, as deter-
mined jointly by the chief judges of the United States District 
Court for the District of Columbia and the Superior Court after 
consultation with the Executive Officer of the District of Colum-
bia courts; and 
(2) section 11-522 of title 11 and chapter 29 of title 16 of the 
District of Columbia Code, as in effect on such day, shall be trans- 
^^ s*^*- "^82, 
ferred to the Superior Court of the District of Columbia not later ^^^" 
than forty-five days after the Superior Court takes jurisdiction 
under section 11-921 (a) (5) of title 11 of the District of Columbia 
Code (as contained in the revision made by part A of this title) of 
actions or other matters brought under such provisions, as deter-
mined jointly by the chief judges of the United States District 
Court for the District of Columbia and the Superior Court, after 
consultation with the Executive Officer of the District of Colum-
bia courts and the Register of Wills. 
EXISTING 
PERSONNEL 
SEC. 192. (a) (1) The personnel of the former District of Columbia 
Court of General Sessions, the Juvenile Court of the District of Co-
lumbia, and the District of Columbia Tax Court shall be transferred to 
the Superior Court of the District of Columbia and shall, with respect 
to all rights, privileges, and benefits, be considered as continuous em-
ployees of that court without break in service. 
(2) (A) Except as provided in subparagraph (B), personnel of the 
United States District Court for the District of Columbia who the 
Director of the Office of Management and Budget determines are, as a 
substantial part of their duties, performing functions incident to juris-
diction transferred under this title to the Superior Court shall be en-
titled to transfer to the Superior Court, and upon such transfer shall 
retain all of their rights, privileges, and benefits, and shall be consid-
ered as continuous employees of the Superior Court without break in 
service. 
(B) The individual holding the office of Register of Wills under the 
United States District Court for the District of Columbia on the day 
before the date the Superior Court takes jurisdiction of probate actions 
and related matters under section 11-921 (a) (5) of title 11 of the Dis-
trict of Columbia Code, as contained in the revision made by part A of 
this title, shall continue in office as the Register of Wills under the 
Probate Division of the Superior Court until his successor has been 
selected by that court under section 11-2102 of title 11 of the District 
of Columbia Code, as contained in the revision made by part A of this 
Ante, p. 516. 
594 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
title, and shall retain all of his rights, privileges, and benefits and shall 
be considered as a continuous employee of the Superior Court. If the 
individual serving as the Auditor of the United States District Court 
for the District of Columbia is appointed to serve as the Auditor-
Master of the Superior Court, he shall retain all of his rights, priv-
ileges, and benefits, and shall be considered as a continuous employee of 
the Superior Court without break in service. 
(b) Nothing in this title shall affect the status of persons in the com-
petitive civil service on the date of enactment of this title, but such per-
sons may be assigned within the District of Columbia court system 
without regard to such status. 
RETIREMENT OF CERTAIN DISTRICT OF COLUMBIA JUDGES 
SEC. 193. (a) The person serving as judge of the District of Colum-
bia Tax Court on the day prior to the effective date of this title may, 
within sixty days of such date, elect to retain retirement benefits un-
der section 2 of title IX of the District of Columbia Revenue Act of 
Ante, p. 579. 
jgg/jr (D^Q, Code, sec. 47-2402), or relinquish such benefits and elect 
retirement benefits under chapter 15 of title 11 of the District of Co-
Ante, p. 490. 
lumbia Code, as contained in the revision made by part A of this title, 
(b) (1) Any judge of the District of Columbia Court of Appeals, 
the District of Columbia Court of General Sessions, the Juvenile Court 
of the District of Columbia, or the former District of Columbia 
Municipal Court of Appeals or Municipal Court, who had retired 
prior to the effective date of this subsection, may elect to have his 
retirement salary recomputed and paid in accordance with this sub-
section. Such election may be made in writing within sixty days after 
such effective date and shall be filed with the Commissioner of the 
District of Columbia. 
(2) The retirement salary of each judge making such election shall 
be recomputed in accordance with applicable law then in effect at the 
time of his retirement, except that in the recomputation of such retire-
ment salary, the salary of the corresponding judicial office on the day 
immediately following the effective date of this subsection shall be 
deemed to be the salary which such judge was receiving immediately 
prior to the date of his retirement. 
(3) Each judge who elects recomputation of his retirement salary 
in accordance with this subsection shall— 
(A) deposit in the District of Columbia Judicial Retirement 
and Survivors Annuity Fund an amount equal to 31/^ per centum 
of his basic salary received for judicial service, with interest at 
4 per centum per annum to December 31, 1947, and 3 per centum 
per annum thereafter, compounded on December 31 of each year; 
or 
(B) have his retirement salary, as recomputed in accordance 
with this subsection, reduced by 10 per centum of the amount of 
such deposit remaining unpaid. 
(4) The retirement salary of any judge which is recomputed in 
accordance with this subsection shall be payable only with respect to 
those months beginning on and after the first day of the first month 
following the date of the election made by such judge under this 
subsection. 
CONTINUATION OF SERVICE OF JUDGES OF DISTRICT OF COLUMBIA COURTS 
SEC. 194. A judge of the District of Columbia Court of General 
Sessions, the Juvenile Court of the District of Columbia, or the Dis-
trict of Columbia Tax Court who is serving as a judge of such a court 
on the day before the effective date of this title under an appointment 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
595 
made before such date shall on such date continue to serve as a judge 
of the Superior Court of the District of Columbia. No amendment 
made by this title shall be construed to extend the term of any such 
judge appointed before the date of enactment of this title. No amend-
ment made by this title shall be construed to extend the term of office 
of a judge of the District of Columbia Court of Appeals appointed 
before the date of enactment of this title. The chief judge of the Dis-
trict of Columbia Court of Appeals in office on the day before the 
effective date of this title shall, on and after such date, continue in 
office as chief judge of that court; and, notwithstanding section 
11-1503 of title 11 of the District of Columbia Code (as contained in 
the revision made by part A of this title), his term of office shall ex- 
^"'^' P- ^Qi. 
pire at the time his term of office under his latest appointment as 
chief judge expires. The chief judge of the District of Columbia 
(Jourt of General Sessions in office on the day before the effective date 
of this title shall, on and after such date, serve as the chief judge of 
the Superior Court of the District of Columbia; and, notwithstanding 
section 11-1503 of title 11 of the District of Columbia Code (as con-
tained in the revision made by part A of this title), his term of office 
as chief judge of that court shall expire at the time his term of office 
under his latest appointment as chief judge of the District of Colum-
bia Court of General Sessions would have expired but for the merger 
of that court into the Superior Court. 
APPOINTMENT 
OF ADDITIONAL JUDGES AND EXECUTIVE 
OFFICER 
OF DISTRICT OF COLUMBIA 
COURTS 
SEC. 195. (a) (1) The President of the United States shall nominate, 
and by and with the advice and consent of the Senate shall appoint, 
three additional judges to the District of Columbia Court of Appeals 
who shall have the qualifications prescribed by section 11-1501 of 
title 11 of the District of Columbia Code as contained in the revision 
made by part A of this title, and who shall, upon taking the oath 
required by law, enter into immediate service on that court. Subject to 
mandatory retirement at age T
O and to the provisions of subchapters 
II and III of chapter 15 of title 11 of the District of Columbia Code 
(as contained in such revision), the term of office of a judge appointed 
under this paragraph shall be 15 years. At the expiration of his term, 
.such judge shall continue to serve*^until his successor is appointed and 
qualifies. 
(2) The President of the laiited States shall nominate, and by 
and with the advice and consent of the Senate shall appoint, ten addi-
tional judges to the District of Columbia Court of General Sessions 
who shall have the qualifications prescribed by section 11-1501 of 
title 11 of the District of Columbia Code as contained in the revision 
made by part A of this title, and who shall, upon taking the oath 
required by law, enter into immediate service on that court. Subject to 
mandatory retirement at age 70 and to the provisions of subchapters 
II and III of chapter 15 of title 11 of the District of Columbia Code 
(as contained in such revision), the term of office of a judge appointed 
under this paragraph shall be 15 years. At the expiration of his term, 
such judge shall continue to serve until his successor is appointed and 
qualifies. 
(b) The Director of the Administrative Office of the United States 
Courts shall submit a list of at least three qualified persons and a 
committee (consisting of (1) the chief judges of the District of Co-
lumbia Court of Appeals and the District of Columbia Court of 
General Sessions; (2) one as-sociate judge of the District of Columbia 
Court of Appeals elected by the judges of that court; and (3) two 
associate judges of the District of Columbia Court of General Sessions 
596 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
elected by the judges of that court) shall appoint from such list (and 
may remove), with the concurrence of the respective chief judges, an 
Executive Officer of the District of Columbia courts. Until the effective 
date of this title, the Executive Officer shall receive the same compen-
sation as is prescribed for an associate judge of the District of Colum-
bia Court of General Sessions. The Executive Officer in office on the 
effective date of this title shall continue to serve in such office until 
removed or until his successor has been selected in accordance with 
subchapter I of chapter 17 of title 11 of the District of Columbia Code, 
Ante, p. 508. 
^s coutaiued in the revision made by part A of this title. 
(c) Notwithstanding title 11 of the District of Columbia Code, as 
in effect on the date of enactment of this title, in the case of any 
vacancy in the District of Columbia Court of Appeals, the District 
of Columbia Court of General Sessions, or the Juvenile Court of the 
District of Columbia occurring before the effective date of this title, 
a judge appointed after the date of enactment of this title to fill 
any such vacancy (1) shall have the qualifications prescribed in sec-
tion 11-1501 of title 11 of the District of Columbia Code as contained 
Ante, p. 491. 
jj^ j-|^g revisiou made by part A, and (2) shall, subject to mandatory 
retirement at age seventy and to the provisions of subchapters I I 
and I I I of chapter 15 of title 11 of the District of Columbia Code (as 
contained in such revision), have a term of office of 15 years. At the 
expiration of his term, such judge shall continue to serve until his 
successor is appointed and qualifies. 
TEMPORARY ADMINISTRATION OF JUVENILE COURT OF T H E DISTRICT OF 
COLUMBIA AND ASSIGNMENT OF JUDGES TO THAT COURT 
SEC. 196. (a) Notwithstanding the provisions of title 11 of the 
District of Columbia Code, as in effect on the date of enactment of 
this title, the chief judge of the District of Columbia Court of Gen-
eral Sessions (1) shall without additional compensation be respon-
sible for the administration of the Juvenile Court of the District 
of Columbia during the period beginning on the date of the enact-
ment of this title and ending on the day before the effective date of 
this title; and (2) may during the same period assigTi judges of the 
District of Columbia Court of General Sessions to serve as judges of 
the Juvenile Court. 
(b) Notwithstanding]: the provisions of chapter 15 of title 11 of 
the District of Columbia Code as in effect on the date of enactment 
of this title, the judge appointed to fill the vacancy in the office of 
chief judge of the Juvenile Court of the District of Columbia exist-
ing on that date shall serve as an associate judge of that court. 
ASSIGNMENT OF UNITED STATES JUDGES TO SUPERIOR COURT DURING 
TRANSITION 
PERIOD 
SEC 197. With respect; to the assignments of district judges to the 
Superior Court of the District of Columbia under subsection (c) of 
section 292 of title 28, United States Code, as amended by section 
Ante, p. 591. 
172(e) of tliis Act, during the thirty-month period following the 
effective date of this title, the approval of the Attorney General of the 
L^nited States shall not be required. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
597 
REFEREXCES TO ABOLISHED AGENCIES AND OFFICES 
SEC. 198. Any reference in an amendment made by this title to an 
agency or office of the government of the District of Columbia abol-
ished by Reorganization Plan Number 5 of 1952 (D.C. Code, title 1, 
App.) is not to be construed as a reestablishment of that office or 
^6 stat. 824. 
agency or as a change in the functions, powers, and duties of the 
Commissioner of the District of Columbia or of the District of Co-
lumbia Council. 
EFFECTIVE DATE 
SEC. 199. (a) The effective date of this title (and the amendments 
made by this title) shall be the first day of the seventh calendar month 
which begins after the date of the enactment of this Act. 
(b) Notwithstanding subsection (a), the following provisions shall 
take eifect as provided in the following paragraphs: 
(1) The provisions of chapter 25 (relating to attorneys) of title 11 
of the District of Columbia Code, as contained in the revision made 
by part A of this title, shall take effect on April 1, 1972. The provi- 
^"^^' P- 52O. 
sions of chapter 21 (relating to attorneys) of title 11 of the District 
of Columbia Code, in effect on the day before the effective date of 
this title, shall remain in effect until April 1,1972; except that during 
the period beginning on the effective date of this title and ending 
April 1, 1972, section 11-2103 of such chapter is amended to read as 
Ante, p. sie. 
follows: 
"§ 11-2103. Disbarment by District Court upon conviction of 
crime 
"When a member of the bar of the United States District (^ourt for 
the District of Columbia is convicted of an offense involving moral 
turpitude, and a certified copy of the conviction is presented to the 
court, the court shall, pending final determination of an appeal from 
the conviction, suspend the member of the bar from practice. Upon 
reversal of the conviction the court may vacate or modify the suspen-
sion. If a final judgment of conviction is certified to the court, the 
name of the member of the bar so convicted shall be struck from the 
roll of the members of the bar and he shall thereafter cease to be a 
member. Upon the granting of a pardon to a member so convicted, 
the court may vacate or modify the order of disbarment." 
(2) The provisions of chapter 21 (relating to the Register of Wills) 
of title 11 of the District of Columbia Code, as contained in the revi-
sion made b^ part A of this title, shall take effect immediately follow-
ing the expiration of the thirty-month period beginning on the effec-
tive date of this title. The provisions of sections 11-504 through 
11-506 of title 11 of the District of Columbia Code (relating to the 
77 stat. 480. 
Register of Wills), in effect on the day before the effective date of this 
title, shall remain in effect until the expiration of such thirty-month 
period. During such thirty-month period, the LTnited States District 
Court for the District of Columbia shall fix the compensation of the 
Register of Wills without regard to chapter 51 and subchapter I I I of 
chapter 53 of title 5 of the United States Code, but at a rate not exceed- ^^^^ ^*^*- '*'*^' 
ing the maximum rate authorized for GS-IB of the General Schedule. 
5 use 5101, 
(3) The amendments made by the following sections of this title ^331. 
(relating to those matters over w^hich the United States District Court 
" ^' ^' 
for the District of Columbia retains temporary jurisdiction) shall take 
effect as follows: 
(A) Immediately following the expiration of the eighteen-
month period beginning on the effective date of this title in the 
case of amendments made by sections 150(b), 150(c) (1), 150(c) 
^"'e* P- 567. 
(3), 150(c) (5) (A) (ii), 150(e), 1.50(f), 150(g)(3)(A), 150(g) 
(4), 150(g) (5), 150(g) (8), 150(h), and 150(i) (1). 
598 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
(B) Immediately following the expiration of the thirty-month 
period beginning on such date in the case of amendments made 
Ante,p.553. 
by scctions 144(10), 145(b)(2), 145(k)(l), 145(1), 147(1), 148 
(2), 149(2), 149(4), 149(6), and 150(a). 
The amendments made by section 150 to chapter 5 of title 21 of the 
District of Columbia Code (relating to hospitalization of the mentally 
ill) shall not apply with respect to any case pending before the United 
State District Court for the District of Columbia or the Commission 
on Mental Health at the expiration of such eighteen-month period. 
(4) Section 146(a)(1) (relating to the repeal of certain review 
provisions) shall not apply with respect to any appeal from the Dis-
trict of Columbia Court of Appeals over which the TJnited States 
Court of Appeals for the District of Columbia Circuit has jurisdic-
Ante. p. 476. 
^^^^ ^^^^^ scctlou 11-301 of title 11 of the District of Columbia Code 
as in effect immediately before the date of enactment of this Act. 
(5) Section 11-722 of the District of Columbia Code, as contained 
in the revision made by part A of this title, shall take effect with 
respect to petitions filed after the effective date of this title for review 
of decisions or orders. 
Ante, p. 572. 
(g) The amendments made by subpart 2 of part D of this title to 
section 8 of the Act of March 4, 1913. shall not apply wdth respect to 
proceedings brought in the United States District Court for the Dis-
trict of Columbia on or before the effective date of this title. 
(7) The amendments made by section 162 shall take effect with 
respect to petitions filed after the effective date of this title for review 
of decisions or orders. 
(8) Sections 195 and 196 shall take effect on the date of the enact-
ment of this Act. 
(c) For purposes of this title and any amendment made by this 
title, the term "effective date of the District of Columbia Court Re-
organization Act of 1970'- means the first day of the seventh calendar 
month which begins after the date of the enactment of this Act. 
TITLE II—CRIMINAL LAW AND PROCEDURE 
SENTENCING OF MULTIPLE 
O F F E T J D E R S 
SEC. 201. (a) Section 907 of the Act entitled "An Act to establish 
a code of law for the District of Columbia", approved March 3. 1901 
(D.C. Code. sec. 22-104), is amended to read as follows: 
"SEC. 907. (a) If any person— 
"(1) is convicted of a criminal offense (other than a non-mov-
ing traffic offense) under a law applicable exclusively to the Dis-
trict of Columbia, and 
"(2) was previously convicted of a criminal offense under any 
law of the United States or of a State or territory of the United 
States which offense, at the time of the conviction referred to in 
paragraph (1), is the same as, constitutes, or necessarily includes, 
the offense referred to in that paragraph, 
such person may be sentenced to pay a fine in an amount not more than 
one and one-half times the maximum fine prescribed for the conviction 
referred to in paragraph (1) and sentenced to imprisonment for a term 
not more than one and one-half times the maximum term of imprison-
ment prescribed for that conviction. If such person was previously 
convicted more than once of an offense described in paragraph (2), 
he may be sentenced to pay a fine in an amount not more than three 
times the maximum fine prescribed for the conviction referred to in 
paragraph (1) and sentenced to imprisonment for a term not more 
than three times the maximum term of imprisonment prescribed for 
31 Stat. 1337. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
599 
that conviction. No conviction with respect to which a person has been 
pardoned on the ground of innocence shall be taken into account in 
applying this section. 
"(b) This section shall not apply in the event of conflict with any 
other provision of law which provides an increased penalty for a 
specific offense by reason of a prior conviction of the same or any 
other offense." 
(b) Such Act is amended by adding after section 907 the following 
^"'«' P- 598. 
new section: 
"SEC. 907A. (a) If— 
"(1) any person (A) is convicted in the District of Columbia 
of a felony, and (B) before the commission of such felony, was 
convicted of at least tw^o felonies; and 
"(2) the court is of the opinion that the history and character 
of such person and the nature and circumstances of his criminal 
conduct indicate that extended incarceration or lifetime super-
vision, or both, will best serve the public interest, 
the court may, in lieu of any sentence otherwise authorized for the 
felony referred to in clause (A) of paragraph (1), impose such greater 
sentence as it deems necessary, including imprisonment for the natural 
life of such person. 
"(b) For purposes of paragraph (1) of subsection (a)— 
" (1) a person shall be considered as having been convicted of 
a felony if he was convicted (A) of a felony in a court of the 
District of Columbia or of the United States, or (B) in any other 
jurisdiction of a crime classified as a felony under the laws of that 
jurisdiction or punishable by imprisonment for more than two 
years; and 
"(2) a person shall be considered as having been convicted of 
two felonies if his initial sentencing under a conviction of one 
felony preceded the commission of the second felony for which 
he was convicted. 
No conviction with respect to which a person has been pardoned on 
the ground of innocence shall be taken into account in applying this 
section." 
CONSPIRACY 
SEC. 202. Such Act of March 3, 1901, is further amended by adding 
after section 908 the following new section: 
ij.cl^odeVi-
"SEC. 908A. (a) If two or more persons conspire either to commit los. 
a criminal offense or to defraud the District of Columbia or any court 
or agency thereof in any manner or for any purpose, each shall be fined 
not more than $10,000 or imprisoned not more than five years, or both, 
except that if the object of the conspiracy is a criminal offense punish-
able by less than five years, the maximum penalty for the conspiracy 
shall not exceed the maximum penalty provided for that offense. 
"(b) No person may be convicted of conspiracy unless an overt act 
is alleged and proved to have been committed by one of the conspira-
tors pursuant to the conspiracy and to effect its purpose. 
"(c) When the object of a conspiracy contrived within the District 
of Columbia is to engage in conduct in a jurisdiction outside the Dis-
trict of Columbia which would constitute a criminal offense under an 
Act of Congress applicable exclusively to the District of Columbia if 
performed therein, the conspiracy is a violation of this section if (1) 
such conduct would also constitute a crime under the laws of the other 
jurisdiction if performed therein, or (2) such conduct would consti-
tute a criminal offense under an Act of Congress exclusively applicable 
to the District of Columbia even if performed outside tlie District of 
Columbia. 
47-348 O - 72 - 42 (Pt. 1) 
600 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"(d) A conspiracy contrived in another jurisdiction to engage in 
conduct within the District of Columbia which would constitute a 
criminal offense under an Act of Congress exclusively applicable to 
the District of Columbia if performed within the District of Colum-
bia is a violation of this section when an overt act pursuant to the con-
spiracy is committed within the District of Columbia. Under such cir-
cumstances, it is immaterial and no defense to a prosecution for 
conspiracy that the conduct which is the object of the conspiracy 
would not constitute a crime under the laws of the other jurisdiction." 
BREAKING 
AND 
ENTERING 
VENDING 
MACHINES 
AND 
SIMILAR 
DEVICES 
SEC. 203. Whoever in the District of Columbia breaks open, opens, or 
enters, without right, any parking meter, coin telephone, vending 
machine dispensing goods or services, money changer, or any other 
device designed to receive currency, with intent to carry away any part 
of such device or anything contained therein, shall be sentenced to a 
term of imprisonment of not more than three years, or to a fine of 
not more than $3,000, or both. 
PENALTY FOR RAPE 
SEC. 204. Section 808 of such Act of March 31,1901 (D.C. Code, sec. 
43stlT'79s^^' 
2^-2801), is amended to read as follows: 
"SEC. 808. Whoever has carnal knowledge of a female forcibly and 
against her will or whoever carnally knows and abuses a female child 
under sixteen years of age, shall be imprisoned for any term of years 
or for life." 
COMMITTING CRIME OF VIOLENCE W H I L E 
ARMED 
SEC. 205. (a) Section 2 of the Act entitled "An Act to control the 
possession, sale, transfer, and use of pistols and other dangerous weap-
ons in the District of Columbia, to provide penalties, to prescribe 
rules of evidence, and for other purposes", approved July 8, 1932 
(D.C. Code, sec. 22-3202), is amended to read as follows: 
"SEC. 2. (a) Any person who commits a crime of violence in the 
District of Columbia when armed with or having readily available 
any pistol or other firearm (or imitation thereof) or other danger-
ous or deadly weapon (including a sawed-off shotgun, shotgun, ma-
chinegun, rifle, dirk, bowie knife, butcher knife, switchblade knife, 
razor, blackjack, billy, or metallic or other false knuckles)— 
"(1) may, if he is convicted for the first time of having so com-
mitted a crime of violence in the District of Columbia, be sen-
tenced, in addition to the penalty provided for such crime, to a 
period of imprisonment which may be up to life imprisonment; 
and 
" (2) shall, if he is convicted more than once of having so com-
mitted a crime of violence in the District of Columbia, be sen-
tenced, in addition to the penalty provided for such crime, to a 
minimum period of imprisonment of not less than five years and 
a maximum period of imprisonment which may not be less than 
three times the minimum sentence imposed and which may be up 
to life imprisonment. 
"(b) Where the maximum sentence imposed under this section is 
life imprisonment, the minimum sentence imposed under subsection 
(a) may not exceed fifteen years' imprisonment. 
!1 Stat. 737. 
D.C. Code 24-
201a. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
601 
"(c) Any person sentenced under subsection (a) (2) of this section 
may be released on parole in accordance with the Act of July 15,1932 
(chapter 2 of title 24 of the District of Columbia Code), at any time ^^^^.^''^^f^'' 
after having served the minimum sentence imposed under that sub- eistat. 378 
section. 
"(d) (1) Chapter 402 of title 18 of the United States Code (Federal 
Youth Corrections Act) shall not apply with respect to any person 81^313^*7/1°^^' 
sentenced under paragraph (2) of subsection (a). 
is use 5005-
"(2) The execution or imposition of any term of imprisonment im- 5026-
posed under paragraph (2) of subsection (a) may not be suspended 
and probation may not be granted. 
"(e) Nothing contained in this section shall be construed as re-
ducing any sentence otherwise imposed or authorized to be imposed. 
"(f) No conviction with respect to which a person has been pardoned 
on the ground of innocence shall be taken into account in applying 
this section." 
(b) Section 13 of such Act is amended by striking out "This" and 
D!C^.* code ^
2
*
2
-
inserting in lieu thereof the following: "Except as provided in section 3213.' 
2 and section 14 (b) of this Act, this". 
RESISTING ARREST 
SEC. 206. Subsection (a) of section 432 of the Revised Statutes re-
lating to the District of Columbia (D.C. Code, sec. 22-505(a)) is 
amended by inserting at the end thereof the following: "It is neither 
justifiable nor excusable cause for a person to use force to resist an 
arrest when such arrest is made by an individual he has reason to be-
lieve is a law enforcement officer, whether or not such arrest is lawful." 
INSANE CRIMINALS 
SEC. 207. Section 927 of the Act of March 3, 1901 (D.C. Code, sec. 
24-301), is amended— 
(1) by striking out "(a) Whenever a person is arrested" and 
all that follows down through "is mentally incompetent" in the 
first sentence of subsection (a) and inserting in lieu thereof the 
following: 
" (a) If it appears to a court having jurisdiction of— 
"(1) a person arrested or indicted for, or charged by informa-
tion with, an offense, or 
" (2) a child subject to a transfer motion in the Family Division 
of the Superior Court of the District of Columbia pursuant to 
section 16-2307 of the District of Columbia Code, 
that, from the court's own observations or from prima facie evidence 
STibmitted to it and prior to the imposition of sentence, the expira-
tion of any period of probation, or the hearing on the transfer motion, 
as the case may be, such person or child (hereafter in this subsection 
and subsection (b) referred to as the 'accused') is of unsoimd mind or 
is mentally incompetent"; 
(2) by striking out the period at the end of the second sentence 
of subsection (a) and inserting in lieu thereof "or to participate 
in transfer proceedings."; 
(3) by inserting after "stand trial" in the third sentence of sub-
section (a) "or to participate in transfer proceedings"; 
69 Stat. 609; 
81 Stat. 735. 
Ante, p. 527. 
602 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
(4) by inserting after "stand trial" in both places it appears in 
subsection (b) "or to participate in transfer proceedings"; 
69 Stat- 609, 
(5) by amending subsection (d) to read as follows: 
"(d) (1) If any person tried upon an indictment or information for 
an offense raises the defense of insanity and is acquitted solely on the 
ground that he was insane at the time of its commission, he shall be com-
mitted to a hospital for the mentally ill until such time as he is eligible 
for release pursuant to this subsection or subsection (e). 
"(2) A person confined pursuant to paragraph (1) shall have a 
hearing, unless waived, within 50 days of his confinement to determine 
whether he is entitled to release from custody. At the conclusion of the 
criminal action referred to in paragraph (1) of this subsection, the 
court shall provide such person w^th representation by counsel— 
"(A) in the case of a person who is eligible to have counsel 
appointed by the court, by continuing any appointment of counsel 
made to represent such person in the prior criminal action or by 
appointing new counsel; or 
"(B) in the case of a person who is not eligible to have counsel 
appointed by the court, by assuring representation by retained 
counsel. 
If the hearing is not waived, the court shall cause notice of the hearing 
to be served upon the person, his counsel, and the prosecuting attorney 
and hold the hearing. Within ten days from the date the hearing was 
begun, the court shall determine the issues and make findings of fact 
and conclusions of law with respect thereto. The person confined shall 
have the burden of proof. If the court finds by a preponderance of the 
evidence that the person confined is entitled to his release from custody, 
either conditional or unconditional, the court shall enter such order as 
may appear appropriate. 
"(3) An appeal may be taken from an order entered under para-
graph (2) to the court having jurisdiction to review final judgments of 
the court entering the order."; 
81 Stat. 735. 
(g) by adding at the end of subsection (j) the following sen-
tence : "No person accused of an offense shall be acquitted on the 
ground that he was insane at the time of its commission unless his 
insanity, regardless of who raises the issue, is affirmatively estab-
lished by a preponderance of the evidence."; and 
(7) by adding at the end thereof the following new subsection: 
" (k) (1) A person in custody or conditionally released from custody, 
pursuant to the provisions of this section, claiming the ri^ht to be re-
leased from custody, the right to any change in the conditions of his 
release, or other relief concerning his custody, may move the court 
having jurisdiction to order his release, to release him from custody, to 
change the conditions of his release, or to grant other relief. 
"(2) A motion for relief may be made at any time after a hearing 
has been held or waived pursuant to subsection (d) (2) of this section. 
"(3) Unless the motion and the files and records of the case con-
clusively show that the person is entitled to no relief, the court shall 
cause notice thereof to be served upon the prosecuting authority, grant 
a prompt hearing thereon, determine the issues, and make findings of 
fact and conclusions of law with respect thereto. On all issues raised 
by his motion, the person shall have the burden of proof. If the court 
finds by a preponderance of the evidence that the person is entitled 
to his release from custody, either conditional or unconditional, a 
change in the conditions of his release, or other relief, the court shall 
enter such order as may appear appropriate. 
"(4) A court may entertain and determine the motion without re-
quiring the production of the persons at the hearing. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
603 
"(5) A court shall not be required to entertain a second or succes-
sive motion for relief under this section more often than once every 
six months. A court for good cause shown may in its discretion enter-
tain such a motion more often than once every six months. 
"(6) An appeal may be taken from an order entered under this 
section to the court having jurisdiction to review final judgments of 
the court entering the order. 
"(7) An application for habeas corpus on behalf of a person who 
is authorized to apply for relief by motion pursuant to this section 
shall not be entertained if it appears that the applicant has failed to 
apply for relief, by motion, to the court having jurisdiction to enter-
tain a motion pursuant to this section, unless it also appears that the 
remedy by motion is inadequate or ineffective to test the validity of his 
detention." 
NARCOTIC DRUGS 
SEC. 208. Section 23 of the Uniform Narcotic Drug Act (D.C. Code, 
sec. 33-423) is amended to read as follows: 
"SEC. 23. (a) Except as hereinafter provided, a person violating any 
provision of this Act, or any regulation made by the Commissioner of 
the District of Columbia or the District of Columbia Council under 
authority of this Act, for which no specific penalty is otherwise pro-
vided, shall be fined not less than $100 nor more than $1,000, or im-
prisoned for not more than one year, or both. 
"(b) A person convicted of an offense punishable pursuant to this 
section, who shall have previously been convicted in the District of 
Columbia of such an offense, or who shall have previously been con-
victed, either in the District of Columbia or elsewhere, of a violation 
of the laws of the United States or of a State or subdivision thereof 
which would have been a violation of this Act and punishable pursuant 
to this section if committed in the District of Columbia and prosecuted 
pursuant to this Act, shall be fined not less than $500 nor more than 
$5,000 or imprisoned for not more than ten years, or both. 
"(c) For additional penalities for two or more violations of this Act, 
see sections 907 and 907A of the Act of March 3,1901 (as amended by 
title I I of the District of Columbia Court Reform and Criminal Pro-
cedure Act of 1970)." 
EXPLOSIVE 
DEVICES 
SEC. 209. The Act entitled "An Act to control the possession, sale, 
transfer, and use of pistols and other dangerous weapons in the Dis-
trict of Columbia, to provide penalties, to prescribe rules of evidence, 
and for other purposes", approved July 8, 1932 (D.C. Code, sec. 22-
3201 et seq.), is amended by adding after section 15 (D.C. Code, sec. 
22-3215) the following new section: 
70 Stat. 622. 
Ante, p. 598. 
47 Stat. 650. 
" M O L O T O V COCKTAILS AND OTHER EXPLOSIVE DEVICES 
"SEC. 15A (a) No person shall within the District of Columbia man-
ufacture, transfer, use, possess, or transport a molotov cocktail. As 
used in this subsection, the term 'molotov cocktail' means (1) a break-
able container containing flammable liquid and having a wick or a 
similar device capable of being ignited, or (2) any other device de-
signed to explode or produce uncontained combustion upon impact; 
but such term does not include a device lawfully and commercially 
manufactured primarily for the purpose of illumination, construction 
work, or other lawful purpose. 
"(b) No person shall manufacture, transfer, use, possess, or trans-
port any device, instrument, or object designed to explode or produce 
Definition. 
604 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
uncontained combustion, with tlie intent that the same may be used 
unlawfully against any person or property. 
"(c) No person shall, during a state of emergency in the District 
of Columbia declared by the Commissioner pursuant to law, or dur-
ing a situation in the District of Columbia concerning which the 
President has invoked any provision of chapter 15 of title 10, United 
82^st^t!*84V^' 
States Code, manufacture, transfer, use, possess, or transport any de-
1
0 use 33'i- 
vice, instrument, or object designed to explode or produce uncontained 
^^^* 
combustion, except at his residence or place of business. 
"(d) Whoever violates this section shall (1) for the first offense, be 
sentenced to a term of imprisonment of not less than one and not 
more than five years, (2) for the second offense, be sentenced to a term 
of imprisonment of not less than three and not more than fifteen 
years, and (3) for the third or subsequent offense, be sentenced to a 
term of imprisonment of not less than five years and of any term of 
years up to life imprisonment. In the case of a person convic'ed of 
a third or subsequent violation of this section, chapter 402 of title 18, 
United States Code (Federal Youth Corrections Act) shall not apply." 
64 Stat. 1086; 
81 Stat. 741. 
18 u s e 5005-
5026. 
CODIFICATION OF TITLE 2 a OF DISTRICT OF COLUMBIA CODE 
Dlc.'code?3- 
SEC. 210. (a) The general and permanent laws of the District of 
101 to 23-909. 
Columbia relating to criminal procedure are revised, codified, and 
enacted as title 28 of the District of Columbia Code, "Criminal Pro-
cedure", and may be cited "D.C. Code, sec."', as follows: 
"TITLE 23.—CRIMINAL PROCEDURE 
"Chap. 
Sec. 
"1. General Provisions 
23-101 
"3. Indictments and Informations 
23-301 
"5. Warrants and Arrests 
23-501 
"7. Extradition and Fugitives from Justice 
23-701 
"9. Fresh Pursuit... 
23-901 
"11. Professional Bondsmen 
23-1101 
"13. Bail Agency and Pretrial Detention 
23-1301 
"15. Out-of-state Witnesses 
23-1501 
"17. Death Penalty.. 
23-1701 
"Chapter 1.—GENERAL PROVISIONS 
•'Sec. 
"23-101. Conduct of prosecutions. 
"23-102. Abandonment of prosecution; enlargement of time for taking action. 
"23-103. Statements prior to sentence. 
"23-104. Appeals by United States and District of Columbia. 
"23-105. Challenges to jurors. 
"23-106. Witnesses for defense; fees. 
"23-107. Discharge or acquittal of joint defendant during trial in order to be 
witness. 
"23-108. Depositions. 
"23-109. Powers of investigators assigned to United States attorney. 
"23-110. Remedies on motion attacking sentence. 
"23-111. Proceedings to establish previous convictions. 
"23-112. Consecutive and concurrent sentences. 
"§23-101. Conduct of prosecutions 
"(a) Prosecutions for violations of all police or municipal ordi-
nances or regulations and for violations of all penal statutes in the 
nature of police or municipal regulations, where the maximum punish-
ment is a fine only, or imprisonment not exceeding one year, shall be 
conducted in the name of the District of Columbia by the Corporation 
Counsel for the District of Columbia or his assistants, except as other-
wise provided in such ordinance, regulation, or statute, or in this 
section. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
605 
30 Stat. 723. 
"(b) Prosecutions for violations of section 6 of the Act of July 29, 
1892 (D.C. Code, sec. 22-1107), relating to disorderly conduct, and for 
violations of section 9 of that Act (I).(\ Code, sec. 22-1112), relating 
^^ ^*^*- "• 
to lewd, indecent, or obscene acts, shall be conducted in the name of 
the District of Columbia by the Corporation Counsel or his assistants. 
•'(c) All other criminal prosecutions shall be conducted in the name 
of the L'nited States by the United States attorney for the District 
of Columbia or his assistants, except as otherwise provided by law. 
"(d) An indictment or information brought in the name of the 
L'nited States may include, in addition to offenses prosecutable by the 
L'nited States, offenses prosecutable by the District of Columbia, and 
such prosecution may be conducted either solely by the Corporation 
Counsel or his assistants or solely by the Laiited States attorney or his 
assistants if the other prosecuting authority consents. 
"(e) Separate indictments or informations, or both, charging of-
fenses prosecutable by the District of C^'olumbia and by the United 
States may be joined for trial if the offenses charged therein could have 
been joined in the same indictment. Such prosecution may be con-
ducted either solely by the Corporation Counsel or his assistants or 
solely by the United States attorney or his assistants if the other prose-
cuting authority consents. 
"(f) If in any case any question shall arise as to whether, under 
this section, the prosecution should be conducted by the Corporation 
Counsel or by the United States attorney, the presiding judge shall 
forthwith, either on his own motion or upon suggestion of the Cor-
poration C^ounsel or the United States attorney, certify the case to the 
District of Columbia Court of Appeals, which court shall hear and 
determine the question in a summary way. In every such case the 
defendant or defendants shall have the right to be heard in the District 
of Columbia Court of Appeals. The decision of such court shall be 
final. 
"§23-102. Abandonment of prosecution; enlargement of time for 
taking action 
"If any person charged with a criminal offense shall have been com-
mitted or held to bail to await the action of the grand jury and within 
nine months thereafter the grand jury shall not have taken action on 
the case, either by ignoring the charge or by returning an indictment, 
the prosecution of such charge shall be deemed to have been abandoned 
and the accused shall be set free or his bail discharged, as the case may 
be: but, the court having jurisdiction to try the offense for which the 
person has been committed, when practicable and upon good cause 
shown in writing and upon due notice to the accused, may from time to 
time enlarge the time for the taking action in such case by the grand 
jury. 
*
*
§ 23-103. Statements prior to sentence 
"Before imposing sentence the court may disclose to the defendant's 
counsel and to the prosecuting attorney, but not to one and not the 
other, all or part of any pre-sentencing report submitted to the court 
in the case. The court also prior to imposing sentence shall afford coun-
sel an opportunity to speak on behalf of the defendant and shall ad-
dress the defendant personally and ask him if he wishes to make a 
statement in his own behalf and to present any information in mitiga-
tion of punishment. At any time when the defendant or his counsel ad-
dresses the court on the sentence to be imposed, the prosecuting at-
torney shall, if he wishes, have an equivalent opportunity to address 
the court and to make a recommendation to the court on the sentence 
606 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
to be imposed and to present information in support of his recom-
mendation. Such information as the defendant or his counsel or the 
prosecuting attorney may present shall at all times be subject to the 
applicable rules of mutual discovery. 
"§ 23-104. Appeals by United States and District of Columbia 
"(a) (1) The United States or the District of Columbia may appeal 
an order, entered before the trial of a person charged with a crimmal 
offense, which directs the return of seized property, suppresses evi-
dence, or otherwise denies the prosecutor the use of evidence at trial, if 
the United States attorney or the Corporation Counsel conducting the 
prosecution for such violation certifies to the judge who granted such 
motion that the appeal is not taken for purpose of delay and the evi-
dence is a substantial proof of the charge pending against the 
defendant. 
"(2) A motion for return of seized property or to suppress evidence 
shall be made before trial unless opportunity therefor did not exist or 
the defendant was not aware of the grounds for the motion. 
"(b) The United States or the District of Columbia may appeal a 
ruling made during the trial of a person charged with a crimmal of-
fense which suppresses or otherwise denies the prosecutor the use of 
evidence on the ground that it was invalidly obtained, if the United 
States attornej^ or the Corporation Counsel conducting the prosecu-
tion for such violation certifies to the judge who made the rulmg that 
the appeal is not taken for purpose of delay and that the evidence is 
a substantial proof of the charge being tried against the defendant. 
The trial court shall adjourn the trial until the appeal shall be re-
solved; except that, if the decision on appeal has not been rendered 
within the ninety-six-hour period following the adjournment of the 
trial, the trial shall resume on the next day of regular court business 
following the expiration of the ninety-six-hour period, and the appeal 
shall be deemed void and without effect. 
"(c) The United States or the District of Columbia may appeal an 
order dismissing an indictment or information or otherwise terminat-
ing a prosecution in favor of a defendant or defendants as to one or 
more counts thereof, except where there is an acquittal on the merits. 
"(d) The United States or the District of Columbia may appeal any 
other ruling made during the trial of a person charged with an offense 
which the United States attorney or the Corporation Counsel certifies 
as involving a substantial and recurring question of law which re-
quires appellate resolution. Such an appeal may be taken only during 
the trial and only with leave of the court. The trial court shall adjourn 
the trial until the appeal shall be resolved; except that, if the decision 
on appeal has not been rendered within the ninety-six-hour period fol-
lowing the adjournment of the trial, the trial shall resume on the next 
day of regular court business following the expiration of the ninety-
six-hour period, and the appeal shall be deemed void and without 
effect. 
"(e) Any appeal taken pursuant to this section either before or 
during trial shall be expedited. If an appeal is taken pursuant to 
subsection (b) or (d) during trial, the appellate court shall hear 
argument on such appeal within forty-eight hours of the adjournment 
of the trial pursuant to that subsection, shall dispense with any require-
ment of written briefs other than the supporting materials previously 
submitted to the trial court, shall render its decision within forty-
eight hours of argument on appeal, and may dispense with the issu-
ance of a written opinion in rendering its decision. Such appeal and 
decision shall not affect the right of the defendant, in a subsequent 
appeal from a judgment of conviction, to claim as error reversal by 
the trial court on remand of a ruling appealed from during trial. 
Post, p. 639,. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
607 
"(f) Pending the prosecution and determination of an appeal taken 
pursuant to this section, the defendant shall be detained or released 
in accordance with chapter 13 of this title. 
"§23-105. Challenges to jurors 
"(a) In a trial for an offense punishable by death, each side is en-
titled to twenty peremptory challenges. In a trial for an offense pun-
ishable by imprisonment for more than one year, each side is entitled 
to ten peremptory challenges. In all other criminal cases, each side is 
entitled to three peremptory challenges. If there is more than one 
defendant, or if a case is prosecuted both by the United States and by 
the District of Columbia, the court may allow additional peremptory 
challenges and permit them to be exercised separately or jointly, but 
in no event shall one side be entitled to more peremptory challenges 
than the other. 
"(b) The court may direct that jurors in addition to the regular 
jury be called and impaneled to sit as alternate jurors. In addition 
to those otherwise allowed, each side is entitled to one peremptory 
challenge if one or two alternate jurors are to be impaneled, to tvv'o 
peremptory challenges if three or four alternate jurors are to be im-
paneled, and to three peremptory challenges if five or six alternate 
jurors are to be impaneled. 
"(c) Any juror or alternate juror may be challenged for cause. 
"(d) No verdict shall be set aside for any cause which might be 
' alleged as ground for challenge of a juror before the jury is sworn, 
except when the objection to the juror is that he had a bias against 
the defendant such as would have disqualified him, such disqualifica-
tion was not known to or suspected by the defendant or his counsel 
before the juror was sworn, and the basis for such disqualification was 
the subject of examination or request for examination of the prospec-
tive jurors by or on request of the defendant. 
"§23-106. Witnesses for defense; fees 
"The court shall order at any time that a subpoena be issued for 
service upon a named witness on behalf of a defendant if the defendant 
makes an application for such an order and makes a satisfactory show-
ing that he is financially unable to pay the fees of the witness and that 
the presence of the witness is necessary to an adequate defense. If the 
court orders the subpoena to be issued the costs incurred by the process 
and the fees of the witness so subpoenaed shall be paid in the same 
manner in which similar costs and fees are paid in case of a witness 
subpoenaed in behalf of the prosecuting authority. 
"§ 23-107. Discharge or acquittal of joint defendant during trial 
in order to be witness 
"(a) When two or more persons are jointly indicted or charged by 
information, or charged by separate indictments or informations 
which have been joined for trial, the court may, with the consent of 
the prosecuting authority, direct that a defendant who has not gone 
into his defense be discharged so that he may be a witness for the 
prosecution. 
"(b) When two or more j)ersons are jointly tried, a person desiring 
that another defendant testifv on his IJehalf may request a judgment 
of acquittal on behalf of such defendant, which the court shall con-
sider in the same manner as a motion made by such defendant. 
"(c) At the request of a defendant who wishes to testify on behalf 
of another person with whom he is jointly tried, if the evidence against 
608 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
such defendant is sufficient to be submitted to the jury and if such 
other person consents, the court may submit the case concerning such 
defendant to the jury separately so that his testimony may not be con-
sidered against him by such jury. 
"(d) A discharge granted pursuant to subsection (a), or an acquittal 
secured pursuant to subsection (b) or (c), shall be a bar to another 
prosecution for the same offense of the defendant so discharged or 
acquitted. 
"§23-108. Depositions 
"(a) If a material witness for either the prosecution or the defend-
ant resides more than twenty-five miles from the place of holding 
court, is sick or infirm, or is about to leave the District of Columbia, 
and the prosecution or the defendant applies in writing to the court 
for a commission to examine such witness, the court may grant the 
commission and enter an order stating for what length of time notice 
shall be given to the other party before such witness shall be examined. 
At or before the time fixed in the notice, when the examination is 
upon written interrogatories, the other party may file cross-interroga-
tories. When the examination is conducted orally, the other party 
may cross-examine the deponent. If the other party fails to file written 
interrogatories or fails to attend an oral examination, the clerk shall 
file the following interrogatories: 
" ' (1) Are all your statements in the foregoing answers made 
from your own personal knowledge ? If not, show what is stated 
upon information and give its source. 
" '(2) State everything you know in addition to what is stated 
in your above answers concerning this case favorable to either the 
prosecution or the defendant.' 
"(b) The court may order in any case that the examination be 
conducted orally. 
"(c) The commission shall issue from the clerk's office, the exami-
nation of the witnesses shall be made and certified, and the return 
thereof made in the same manner as in civil cases, and unimportant 
irregularities or errors in the proceedings under the commission 
shall not cause the deposition to be excluded where no substantial 
prejudice can be wrought to the prosecution or the defendant by such 
irregularities or errors. 
^°p^"^' 
"(d) Copies of the depositions or answers to interrogatories shall 
be made available to all of the parties upon the completion of the 
examination. 
"§23-109. Powers of investigators assigned to United States 
attorney 
"Any special investigator appointed by the Attorney General and 
assigned to the United States attorney for the District shall have 
authority to execute all lawful writs, process, and orders issued under 
authority of the United States, and command all necessary assistance 
to execute his duties, and shall have the same powers to make arrests 
as are possessed by members of the Metropolitan Police Department 
of the District of Columbia. 
"§23-110. Remedies on motion attacking sentence 
"(a) A prisoner in custody under sentence of the Superior Court 
claiming the right to be released upon the ground that (1) the sentence 
was imposed in violation of the Constitution of the United States or 
the laws of the District of Columbia, (2) the court was without juris-
"
^ 
diction to impose the sentence, (3) the sentence was in excess of the 
maximum authorized by law, (4) the sentence is otherwise subject to 
collateral attack, may move the court to vacate, set aside, or correct 
the sentence. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
609 
"(b) A motion for such relief may be made at any time. 
"(c) Unless the motion and files and records of the case conclusively 
show that the prisoner is entitled to no relief, the court shall cause 
notice thereof to be served upon the prosecuting authority, grant a 
prompt hearing thereon, determine the issues, and make findings of 
fact and conclusions of law with respect thereto. If the court finds 
that (1) the judgment was rendered without jurisdiction, (2) the 
sentence imposed was not authorized by law or is otherwise open to 
collateral attack, (3) there has been such a denial or infringement of 
the constitutional rights of the prisoner as to render the judgment 
vulnerable to collateral attack, the court shall vacate and set the judg-
ment aside and shall discharge the prisoner, resentence him, grant a 
new trial, or correct the sentence, as may appear appropriate. 
"(d) A court may entertain and determine the motion without re-
quiring the production of the prisoner at the hearing. 
"(e) The court shall not be required to entertain a second or suc-
cessive motion for similar relief on behalf of the same prisoner. 
"(f) An appeal may be taken to the District of Columbia Court of 
Appeals from the order entered on the motion as from a final judg-
ment on application for a writ of habeas corpus. 
"(g) An application for a writ of habeas corpus in behalf of a 
prisoner who is authorized to apply for relief by motion pursuant to 
this section shall not be entertained by the Superior Court or by any 
Federal or State court if it appears that the applicant has failed to 
make a motion for relief under this section or that the Superior Court 
has denied him relief, unless it also appears that the remedy by motion 
is inadequate or ineffective to test the legality of his detention. 
"§23-111. Proceedings to establish previous convictions 
"(a)(1) 'No person who stands convicted of an offense under the 
laws of the District of Columbia shall be sentenced to increased 
punishment by reason of one or more previous convictions, unless 
prior to trial or before entry of a plea of guilty, the United 
states attorney or the Corporation Counsel, as the case may 
be, files an information with the clerk of the court, and serves 
a copy of such information on the person or counsel for the 
person, stating in writing the previous convictions to be relied 
upon. Upon a showing by the Government that facts regarding pre-
vious convictions could not with due diligence be obtained prior to 
trial or before entry of a plea of guilty, the court may postpone the 
trial or the taking of the plea of guilty for a reasonable period for the 
purpose of obtaining such facts. Clerical mistakes in the information 
may be amended at any time prior to the pronouncement of sentence. 
"(2) An information may not be filed under this section if the in-
creased punishment which may be imposed is imprisonment for a term 
in excess of three years, unless the person either waived or was afforded 
prosecution by indictment for the offense for which such increased 
punishment may be imposed. 
"(b) If the prosecutor files an information under this section, the 
court shall, after conviction but before pronouncement of sentence, 
inquire of the person with respect to whom the information was filed 
whether he affirms or denies that he has been previously convicted as 
alleged in the information, and shall inform him that any challenge 
to a previous conviction which is not made before sentence is imposed 
may not thereafter be raised to attack the sentence. 
"(c) (1) If the person denies any allegation of the information of 
previous conviction, or claims that any conviction alleged is invalid, 
he shall file a written response to the information. A copy of the re-
sponse shall be served upon the prosecutor. The court shall hold a 
610 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
liearing to determine any issues raised by the response which would 
except the person from increased punishment. The failure of the Gov-
ernment to include in the information the complete criminal record 
of the person or any facts in addition to the convictions to be relied 
upon shall not constitute grounds for invalidating the notice given in 
the information required by subsection (a) (1). The hearing shall be 
before the court without a jury and either party may introduce evi-
dence. Except as otherwise provided in paragraph (2) of this sub-
section, the prosecuting authority shall have the burden of proof be-
yond a reasonable doubt on any issue of fact. At the request of either 
party, the court shall enter findings of fact and conclusions of law. 
" (2) A person claiming that a conviction alleged in the information 
was obtained in violation of the Constitution of the United States shall 
set forth his claim, and the factual basis therefor, with particularity 
in his response to the information. The person shall have the burden 
of proof by a preponderance of the evidence on any issue of fact raised 
by the response. Any challenge to a previous conviction, not raised 
by response to the information before an increased sentence is imposed 
in reliance thereon, shall be waived unless good cause be shown for 
failure to make a timely challenge. 
"(d)(1) If the person files no response to the information, or if 
the court determines, after hearing, that the person is subject to in-
creased punishment by reason of previous convictions, the court shall 
proceed to impose sentence upon him as provided by law. 
"(2) If the court determines that the person has not been convicted 
as alleged in the information, that a conviction alleged in the infor-
mation is invalid, or that the person is otherwise not subject to an 
increased sentence as a matter of law, the court shall, at the request 
of the prosecutor, postpone sentence to allow an appeal from that 
determination. If no such request is made, the court shall impose 
sentence as provided by law. The person may appeal from an order 
postponing sentence as if sentence had been pronounced and a final 
judgment of conviction entered. 
"§23-112. Consecutive and concurrent sentences 
"A sentence imposed on a person for conviction of an offense shall, 
unless the court imposing such sentence expressly provides otherwise, 
run consecutively to any other sentence imposed on such person for 
conviction of an offense, whether or not the offense (1) arises out of 
another transaction, or (2) arises out of the same transaction and 
requires proof of a fact which the other does not. 
"Chapter 3.—INDICTMENTS AND INFORMATIONS 
"SUBCHAPTER I—GENERAL PROVISIONS 
"Sec. 
"23-301. Prosecution by indictment or information. 
"SUBCHAPTER II—JOINDER 
"23-311. Joinder of offenses and of defendants. 
"23-312. Joinder of indictments or informations for trial. 
"23-313. Relief from prejudicial joinder. 
"23-314. Joinder of inconsistent offenses concerning the same property. 
"SUBCHAPTER III—SUFFICIENCY 
"23-321. Description of money. 
"23-322. Intent to defraud. 
"23-323. Perjury. 
"23-324. Subornation of perjury. 
Ante, p. 477. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
611 
"SUBCHAPTEK I—GENERAL PROVISIONS 
"§23-^01. Prosecution by indictment or information 
"An offense prosecuted in the Superior Court which may be pun-
ished by death shall be prosecuted by indictment returned by a grand 
jury. An offense which may be punished by imprisonment for a term 
exceeding one year shall be prosecuted by indictment, but it may be 
prosecuted by information if the defendant, after he has been advised 
of the nature of the charge and of his rights, waives in open court 
prosecution by indictment. Any other offense may be prosecuted by 
indictment or by information. An infoi'mation subscribed by the 
proper prosecuting officer may be filed without leave of court. 
"SUBCHAPTER II—JOINDER 
"§23-311. Joinder of offenses and of defendants 
"(a) Two or more offenses may be charged in the same indictment 
or information in a separate count for each offense if the offenses 
charged, whether felonies or misdemeanors or both, are of the same 
or similar character or are based on the same act or transaction or on 
two or more acts or transactions connected together or constituting 
parts of a common scheme or plan. 
"(b) Two or more offenses may be charged in the same indictment 
or information as provided in subsection (a) even though one or more 
is in violation of the laws of the United States and another is in vio-
lation of the laws applicable exclusively to the District of Columbia 
and may be prosecuted as provided in section 11-502(3). 
"(c) Two or more defendants may be charged in the same indict-
ment or information if they are alleged to have participated in the 
same act or transaction or m the same series of acts or transactions 
constituting an offense or offenses. Such defendants may be charged 
in one or more counts together or separately and all of the defendants 
need not be charged in each count. 
"§23-312. Joinder of indictments or informations for trial 
"The court may order two or more indictments or informations or 
both to be tried together if the offenses, and the defendants if there is 
more than one, could have been joined in a single indictment or in-
formation. The procedure shall be the same as if the prosecution were 
under such single indictment or information. 
"§ 23-313. Relief from prejudicial joinder 
"If it appears that a defendant or the government is prejudiced by 
a joinder of offenses or of defendants in an indictment or information 
or by such joinder for trial together, the court may order an election or 
separate trials of counts, ^rant a severance of defendants, or provide 
whatever other relief justice requires. In ruling on a motion by a de-
fendant for severance the court may order the attorney for the govern-
ment to deliver to the court for inspection in camera any statements or 
confessions made by the defendants which the government intends to 
introduce in evidence at the trial. 
"§23-314. Joinder of inconsistent offenses concerning the same 
property 
"An indictment or information may contain a count for larceny, a 
count for obtaining the same property by false pretenses, a count for 
embezzlement thereof, and a count for receiving or concealing the same 
property, knowing it to be stolen or embezzled, or any of such counts, 
and the jury may convict of any of such offenses, and may find any or 
all of the persons indicted guilty of any of said offenses. 
612 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"SUBCHAPTER III—SUFFICIENCY 
"§ 23-321. Description of money 
"In every indictment or information, except for forgery, in which 
it is necessary to make an averment as to any money or bank bill or 
notes, LTnited States Treasury notes, postal and fractional currency, 
or other bills, bonds, or notes, issued by lawful authority and intended 
to pass and circulate as money, it shall be sufficient to describe such 
money, bills, notes, currency, or bonds simply as money, without spec-
ifying any particular coin, note, bill, or bond; and such allegation shall 
be sustained by proof that the accused has stolen or embezzled any 
amount of coin, or any such note, bill, currency, or bond, although the 
P
articular amount or species of such coin, note, bill, currency, or bond 
e not proved. 
"§23-322. Intent to defraud 
"In an indictment or information in which it is necessary to allege 
an intent to defraud, it shall be sufficient to allege that the party 
accused did the act complained of with intent to defraud, without 
alleging an intent to defraud any particular person or body corporate. 
On the trial of such an indictment or information it shall not be 
necessary to prove an intent to defraud any particular person, but it 
shall be sufficient to prove a general intent to defraud. 
"§ 23-323. Perjury 
"In every information or indictment for perjury, it shall be sufficient 
to set forth the substance of the offense charged upon the defendant, 
and by what court, or before whom the oath was taken (averring such 
court, or person or persons, to have a competent authority to admin-
ister the same) together with the proper averment or averments to 
falsify the matter or matters wherein the perjury or perjuries is or 
are as"signed; without setting forth the bill, answer, information, 
indictment, declaration, or any part of any record of proceeding 
either in law or equity, other than as aforesaid; and without setting 
forth the commission or authority of the court, or person or persons 
before whom the perjury was comijfitted; any law, usage, or custom 
to the contrary notwithstanding. 
"§23-324. Subordination of perjury 
"In every information or indictment for subornation of j)erjury, or 
for corrupt bargaining or contracting with others to commit perjury, 
it shall be sufficient to set forth the substance of the offense charged 
upon the defendant, without setting forth the bill, answer, informa-
tion, indictment, declaration, or any part of any record or proceeding 
either in law or equity, and without setting forth the commission 
or authority of the court, or person or persons before whom the perjury 
was committed, or was agreed or promised to be committed, any law, 
usage, or custom to the contrary notwithstanding. 
"Chapter 5.—WARRANTS AND ARRESTS 
"SUBCHAPTER I—DEFINITIONS 
"Sec. 
"23-501. Definitions. 
"SUBCHAPTER II—SEARCH WARRANTS 
"23-521. Nature and issuance of search warants. 
"28-522. Applications for search warrants. 
"23-523. Time of execution of search warrants. 
"23-524. Execution of search warrants. 
"23-525. Disposition of property. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
613 
"SUBCHAPTER III—AVIRE INTERCEPTION AND INTERCEI'TION OF 
ORAL COMMUNICATIONS 
"Sec. 
"23-541. Definitions. 
"23-542. Interception, disclosure, and use of wire or oral communications pro-
hibited. 
"23-543. Possession, sale, distribution, manufacture, assembly, and advertising 
of wire or oral communication intercepting devices prohibited. 
"23-544. Confiscation of wire or oral communication intercepting devices. 
"23-545. Immunity of witnesses. 
"23-546. Applications for authorization or approval of interception of wire or 
oral communications. 
"23-547. Procedure for authorization or approval of interception of wire or oral 
communications. 
"23-548. Additional procedure for approval of interception of wire or oral com-
munications. 
"23-549. Maintenance and custody of records. 
"23-550. Inventory. 
"23-551. Procedure for disclosure and suppression of intercepted wire or oral 
communications. 
"23-552. Government appeals. 
"23-553. Authorization for disclosure and use of intercepted wire or oral com-
munications. 
"23-554. Authorization for recovery of civil damages. 
"23-555. Reports concerning intercepted wire or oral communications. 
"23-556. Relation to Federal law on wire interception and interception of oral 
communications. 
"SUBCHAPTER IV—ARREST WARRANT AND SUMMONS 
"23-561. Issuance, form, and contents. 
"23-562. Execution and return. 
"23-563. Territorial and other limits. 
"SUBCHAPTER V—ARREST WITHOUT WARRANT 
"23-581. Arrests without warrant by law enforcement oflScers. 
"23-582. Arrests without warrant by other persons. 
"SUBCHAPTER VI—AUTHORITY 
TO 
BREAK AND ENTER 
UNDER CERTAIN CONDITIONS 
"23-591. Authority to break and enter under certain conditions. 
"SUBCHAPTEK I—DEFINITIONS 
"§ 23-501. Definitions 
"As used in subchapters II, IV, and V of this chapter— 
"(1) The term 'judicial officer' means a judge of the Superior 
Court of the District of Columbia or of the United States District 
Court for the District of Columbia, or a United States commis-
sioner or magistrate for the District of Columbia. 
" (2) The term 'law enforcement officer' means an officer or mem-
ber of the Metropolitan Police Department of the District of 
Columbia or of any other police force operating in the District of 
Columbia, or an investigative officer or agent of the United States. 
"(3) The term 'prosecutor' means the United States Attorney 
for the District of Columbia or his assistant, the Corporation 
Counsel of the District of Columbia or his assistant, or an attorney 
employed by, and who has entered an appearance on behalf of, the 
United States or the District of Columbia in a criminal case or 
in an investigation being conducted by a grand jury. 
614 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"SUBCHAPTER II—SEARCH WARRANTS 
"§23-521. Nature and issuance of search warrants 
"(a) Under circumstances described in this subchapter, a judicial 
officer may issue a search warrant upon application of a law enforce-
ment officer or prosecutor. A warrant may authorize a search to be 
conducted anywhere in the District of Columbia and may be executed 
pursuant to its terms. 
"(b) A search warrant may direct a search of any or all of the 
following: 
"(1) one or more designated or described places or premises; 
"(2) one or more designated or described vehicles; 
"(3) one or more designated or described physical objects; or 
"(4) designated persons. 
"(c) A search warrant may direct the seizure of designated prop-
erty or kinds of property, and the seizure may include, to such extent 
as is reasonable under all the circumstances, taking physical or other 
impressions, or performing chemical, scientific, or other tests or experi-
ments of, from, or upon designated premises, vehicles, or objects. 
"(d) Property is subject to seizure pursuant to a search warrant if 
there is probable cause to believe that it— 
"(1) is stolen or embezzled; 
"(2) is contraband or otherwise illegally possessed; 
"(3) has been used or is possessed for the purpose of being 
used, or is designed or intended to be used, to commit or conceal 
the commission of a criminal offense; or 
"(4) constitutes evidence of or tends to demonstrate the com-
mission of an offense or the identity of a person participating in 
the commission of an offense. 
"(e) A search warrant may be addressed to a specific law enforce-
ment officer or to any classification of officers of the Metropolitan 
Police Department of the District of Columbia or other agency author-
ized to make arrests or execute process in the District of Columbia. 
"(f) A search warrant shall contain— 
"(1) the name of the issuing court, the name and signature of 
the issuing judicial officer, and the date of issuance; 
" (2) if the warrant is addressed to a specific officer, the name of 
that officer, otherwise, the classifications of officers to whom the 
warrant is addressed; 
"(3) a designation of the premises, vehicles, objects, or persons 
to be searched, sufficient for certainty of identification; 
"(4) a description of the property whose seizure is the object 
of the warrant; 
" (5) a direction that the warrant be executed during the hours 
of daylight or, where the judicial officer has found cause therefor, 
including one of the grounds set forth in section 23-522(c) (1), an 
authorization for execution at any time of day or night; 
"(6) where the judicial officer has found cause therefor, in-
cluding one of the grounds set forth in subparagraph (A), (B). or 
Post, p. 630. 
(J)) of section 23-591 (c) (2), an authorization that the executing 
officer may break and enter the dwelling house or other building 
or vehicles to be searched without giving notice of his identity and 
purpose; and 
"(7) a direction that the warrant and an inventory of any 
property seized pursuant thereto be returned to the court on the 
next court day after its execution. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
615 
"§23-522. Applicatians for search warrants 
"(a) Each application for a search warrant shall be made in writ-
ing upon oath or affirmation to a judicial officer. 
'' (b) Each application shall include— 
" (1) the name and title of the applicant; 
"(2) a statement that there is probable cause to believe that 
property of a kind or character described in section 23-521 (d) 
is likely to be found in a designated premise, in a designated ve-
hicle or object, or upon designated persons; 
"(3) allegations of fact supporting such statement; and 
"(4) a request that the judicial officer issue a search warrant 
directing a search for and seizure of the property in question. 
The applicant may also submit depositions or affidavits of other per-
sons containing allegations of fact supporting or tending to support 
those contained in the application. 
"(c) The application may also contain— 
"(1) a request that the search warrant be made executable at 
any hour of the day or night, upon the ground that there is proba-
ble cause to believe that (A) it cannot be executed during the 
hours of daylight, (B) the property sought is likely to be re-
moved or destroyed if not seized forthwith, or (C) the property 
sought is not likely to be found except at certain times or in cer-
tain circumstances; and 
"(2) a request that the search warrant authorize the executing 
officer to break and enter dwelling houses or other buildings or 
vehicles to be searched without giving notice of his identity and 
purpose, upon probable cause to believe that one of the conditions 
set forth in subparagraph (A), (B), or (D) of section 23-591 
(c) (2) is likely to exist at the time and place at which such war- 
^°^*' P* ^^°* 
rant is to be executed. 
Any request made pursuant to this subsection must be accompanied 
and supported by allegations of fact supporting such request. 
"§23-523. Time of execution of search warrants 
"(a) A search warrant shall not be executed more than ten days 
after the date of issuance and shall be returned to the court after its 
execution or expiration in accordance with section 23-521 (f) (7). 
"(b) A search warrant may be executed on any day of the week and, 
in the absence of express authorization in the warrant pursuant to sec-
tion 23-521 (f) (5), shall be executed only during the hours of day-
light. 
"§23-524. Execution of search warrants 
"(a) An officer executing a warrant directing a search of a dwelling 
house or other building or a vehicle shall execute such warrant in 
accordance with section 23-591. 
"(b) An officer executing a warrant directing a search of a person 
.shall give, or make reasonable effort to give, notice of his identity and 
purpose to the person, and, if such person thereafter resists or refuses 
to permit the search, such person shall be subject to arrest by such 
officer pursuant to section 23-581 (a) for violation of section 432 of 
the Revised Statutes of the United States relating to the District of 
Columbia (D.C. Code, sec. 22-505) (resisting a police officer) or other 
applicable provision of law. 
"(c) (1) An officer or agent executing a search warrant shall write 
and subscribe an inventory setting forth the time of the execution of 
the search warrant and the property seized under it. 
"(2) If the search is of a person, a copy of the warrant and of the 
return shall be given to that person. 
47-348 O - 72 - 43 (K. 1) 
616 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
" (3) If the search is of a place, vehicle, or object, a copy of the war-
rant and of the return shall be given to the owner thereof if he is pres-
ent, or if he is not, to an occupant, custodian, or other person present; 
or if no person is present, the officer shall post a copy of the warrant 
and of the return upon the premises, vehicle, or object searched. 
"(d) A copy of the warrant shall be filed with the court whose judge 
or magistrate authorized its issuance on the next court day after its 
execution, together with a copy of the return. 
"(e) An officer or agent executing a search warrant may seize any 
property discovered in the course of the lawful execution of such war-
rant if he has probable cause to believe that such property is subject 
to seizure under section 23-521 (d), even if the property is not enu-
merated in the warrant or the application therefor, and no additional 
warrant shall be required to authorize such seizure, if the property is 
fully set forth in the return. Such seizure may include taking physical 
or other impressions or performing chemical, scientific, or other tests 
or experiments. 
" (r) An officer or agent executing a search warrant may take photo-
graphs and measurements during the execution. 
"(g) An officer executing a warrant directing a search of premises 
or a vehicle may search any person therein (1) to the extent reasonably 
necessary to protect himself or others from the use of any weapon 
which may be concealed upon the person, or (2) to the extent reason-
ably necessary to find property enumerated in the warrant which may 
be concealed upon the person. 
"§23-525. Disposition of property 
"An officer or agent who seizes property in the execution of a search 
warrant shall cause it to be safely kept for use as evidence. No property 
seized shall be released or destroyed except in accordance with law and 
upon order of a court or of the United States attorney or Corporation 
Counsel for the District of Columbia or one of their assistants. 
"SUBCHAPTEK III—WIRE INTERCEPTION AND INTER-
CEPTION OF ORAL COMMUNICATIONS 
"§23-541. Definitions 
"As used in this subchapter— 
"(1) the term 'wire communication' means any communication 
made in whole or in part through the use of facilities for the trans-
»^iission of communications by the aid of wire, cable, or other 
like connection between the point of origin and the point of 
reception furnished or operated by any person engaged as a 
common carrier in providing or operating such facilities; 
"(2) the term 'oral communication' means any oral communica-
tion uttered by a person exhibiting an expectation that the com-
munication is not subject to interception under circumstances 
justifying the expectation; 
" (3) the term 'intercept' means the aural acquisition of the con-
tents of any wire or oral communication through the use of any 
intercepting device; 
"(4) the term 'intercepting device' means any electronic, me-
chanical, or other device or apparatus which can be used to inter-
cept a wire or oral communication other than— 
"(A^ any telephone or telegraph instrument, equipment, 
or facility, or any component thereof, (i) furnished to the 
subscriber or user by a communications common carrier in the 
ordinary course of its business and being used by the sub-
scriber or user in the ordinary course of its business; or (ii) 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
617 
being used by a communications common carrier in the ordi-
nary course of its business, or by an investigative or law 
enforcement officer in the ordinary course of his duties; or 
"(B) a hearing aid or similar device being used to correct 
subnormal hearing to not better than normal; 
"(5) the term 'investigative or law enforcement officer" means 
any officer of the United States or of the District of Columbia 
who is empowered by law to conduct investigations of or to make 
arrests for offenses enumerated in this subchapter, and any at-
torney authorized by law to prosecute or participate in the prose-
cution of such offenses; 
"(6) the term 'contents', when used with respect to any wire or 
oral communication, includes any information concerning the 
identity of the parties to the communication or the existence, sub-
stance, purport, or meaning of that communication; 
" (7) the term 'judge' means a judge of the Superior Court of the 
District of Columbia, a judge of the District of Columbia Court of 
Appeals, a judge of the United States District Court for the Dis-
trict of Columbia, and a judge of the United States Court of 
Appeals for the District of Columbia circuit; 
"(8) the term 'judge of competent jurisdiction' means, in addi-
tion to the judges included in paragraph (7)— 
"(A) a judge of a United States district court or a United 
States court of appeals not in the District of Columbia; and 
"(B) a judge of any court of general criminal jurisdic-
tion of a State who is authorized by a statute of that State 
to enter orders authorizing interceptions of wire or oral com-
munications ; 
"(9) the term 'aggrieved person' means a person who was 
a party to any intercepted wire or oral communication or a 
person against whom the interception was directed; 
"(10) the term 'communication common carrier' has the same 
meaning which is given the term 'common carrier' by section 3(h) 
of the Communications Act of 1934 (47 U.S.C. 153 ( h ) ) : and 
^^ stat, loee. 
"(11) the term 'United States attorney' means the United 
States attorney for the District of Columbia or any of his as-
sistants designated by him or otherwise designated by law to act 
in his place for the particular purpose in question. 
"§ 23-542. Interception, disclosure, and use of wire or oral com-
munications prohibited 
"(a) Except as otherwise specifically provided in this subchapter, 
any person who in the District of Columbia— 
"(1) willfully intercepts, endeavors to intercept, or procures 
any other person to intercept or endeavor to intercept any wire or 
oral communication; 
"(2) willfully discloses or endeavors to disclose to any other 
person the contents of any wire or oral communication, or evi-
dence derived therefrom, knowing or having reason to know that 
the information was obtained through the interception of a wire 
or oral communication; or 
" (3) willfully uses or endeavors to use the contents of any wire 
or oral communication, or evidence derived therefrom, knowing 
or having reason to know, that the information was obtained 
through the interception of a wire or oral communication; 
shall be fined not more than $10,000 or imprisoned not more than five 
years, or both; except that paragraphs (2) and (3) of this subsection 
618 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
shall not api)ly to the contents of any wire or oral communication, or 
evidence derived therefrom, that has become common knowledge or 
public information. 
"(b) It shall not be unlawful under this section for— 
"(1) an operator of a switchboard, or an officer, agent, or em-
ployee of a communication common carrier, whose facilities are 
used in the transmission of a wire communication, to intercept, 
disclose, or use that communication, in the normal course of his 
employment while engaged in any activity which is a necessary 
incident to the rendermg of his service or to the protection of the 
rights or property of the carrier of such communication, or to 
provide information, facilities, or technical assistance to an in-
vestigative or law enforcement officer who, under this subchapter, 
is authorized to intercept a wire or oral communication, but no 
communication common carrier shall utilize service observing or 
random monitoring except for mechanical or service quality con-
trol checks; 
"(2) a person acting under color of law to intercept a wire or 
oral communication, where such person is a party to the communi-
cation, or where one of the parties to the communication has given 
prior consent to such interception; or 
"(3) a person not acting under color of law to intercept a wire 
or oral communication, where such person is a party to the com-
munication, or where one of the parties to the communication has 
given prior consent to such interception, unless such communica-
tion is intercepted for the purpose of committing any criminal 
or tortious act in violation of the Constitution or laws of the 
United States, any State, or the District of Columbia, or for the 
purpose of committing any other injurious act. 
^§23-543. Possession, sale, distribution, manufacture, assembly, 
and advertising of wire or oral communication inter-
' 
cepting devices prohibited 
"(a) Except as otherwise specifically provided in subsection (b) of 
this section, any person who in the District of Columbia— 
"(1) willfully possesses, sells, distributes, manufactures, or as-
sembles an intercepting device, the design of which renders it 
primarily us"eful for the purpose of the surreptitious interception 
of a wire or oral communication; or 
"(2) willfully places in any newspaper, magazine, handbill, or 
other publication any advertisement of— 
"(A) any intercepting device, the design of which renders 
it primarily useful tor the purpose of the surreptitious inter-
ception of a wire or oral communication; or 
"(B) any intercepting device where such advertisement 
promotes the use of such device for the purpose of the sur-
reptitious interception of a wire or oral communication; 
shall be fined not more than $10,000 or imprisoned not more than five 
years, or both. 
" (b) It shall not be unlawful under this section for— 
"(1) a communication common carrier or an officer, agent, or 
employee of, or a person under contract with a communication 
common carrier, in the usual course of the communication com-
mon carrier's business; or 
" (2) a person under contract with the Government of the United 
States, a State or a political subdivision thereof, or the District of 
Columbia, or an officer, agent, or employee of the Government of 
the United States, a State or a political subdivision thereof, or the 
District of Columbia; 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
(519 
to possess, sell, distribute, manufacture or assemble, or advertise any 
intercepting device, while acting in furtherance of the appropriate 
activities of the United States, a State or political subdivision thereof, 
the District of Columbia, or a communication common carrier. 
"§ 23-544. Confiscation of wire or oral communication intercept-
ing devices 
"Any intercepting device in the District of Columbia— 
"(1) possessed; 
"(2) used; 
"(3) sold; 
" (4) distributed; or 
"(5) manufactured or assembled; 
in violation of section 23-542 or 23-543 may be seized and forfeited to 
the District of Columbia. Insofar as applicable and not inconsistent 
with the provisions of this chapter, all provisions of law relating to the 
seizure, summary and judicial forfeiture, and condemnation of prop-
erty for violation of the customs laws; the disposition of such property; 
the remission or mitigation of such forfeitures; the compromise of 
claims; and the award of compensation to informers in respect of such 
forfeitures shall apply to seizures and forfeitures incurred, or alleged 
to have been incurred, under the provisions of this title; except that 
such duties as are imposed upon the customs officer or any other person 
with respect to the seizure and forfeiture of property under the cus-
toms laws shall be performed with respect to seizures and forfeitures 
of property under this section by such officers, agents or other persons 
as may be authorized or designated for that purpose by the Commis-
sioner, except to the extent that such duties arise from seizures and 
forfeitures effected by any customs officer. The proceeds from the sale 
of any property forfeited under this section shall be deposited in the 
Treasury to the credit of the general fund of the District of Columbia. 
"§23-545. Immunity of witnesses 
"(a) Whenever a witness refuses, on the basis of his privilege 
against self-incrimination, to testify or provide other information in a 
proceeding before a court or grand jury in the District of Columbia 
involving any violation of this subchapter and the person presiding 
over the proceeding communicates to the witness an order issued under 
this section, the witness may not refuse to comply with the order on the 
basis of his privilege against self-incrimination. But no testimony or 
other information compelled under the order issued under subsection 
(b) of this section, or any information obtained by the exploitation 
of such testimony or other information, may be used against the wit-
ness in any criminal case, except a prosecution for perjury, giving a 
false statement, or otherwise failing to comply with the order. 
"(b) In the case of any individual who has been or may be called to 
testify or provide other information at any proceeding before a court 
or grand jury in the District of Columbia, the court before which the 
proceeding is or may be held shall issue, upon the request of the United 
States attorney, an order requiring such individual to give any testi-
mony or provide any other information w^hich he refuses to give or 
provide on the basis of his privilege against self-incrimination. 
"(c) The United States attorney may, with the approval of the 
Attorney General or the Deputy Attorney General, or any Assistant 
Attorney General designated by the Attorney General, request an 
order under subsection (b) when in the judgment of the United States 
attorney— 
"(1) the testimony or other information from such individual 
may be necessary to the public interest; and 
620 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"(2) such individual has refused or is likely to refuse to testify 
or provide other information on the basis of his privilege against 
self-incrimination. 
"§23-546. Applications for authorization or approval of inter-
ception of wire or oral communications 
"(a) The LTnited States attorney may authorize, in writing, any 
investigative or law enforcement officer to make application to a court 
for an order authorizing the interception of wire or oral communica-
tions, 
"(b) The United States attorney may authorize, in writing, any 
investigative or law enforcement officer to make application to a court 
for an order of approval of the previous interception of any wire or 
oral communication, when the contents of such communication— 
"(1) relate to an offense other than that specified in an order of 
authorization; 
" (2) were intercepted in an emergency situation; or 
"(3) were intercepted in an emergency situation and relate to 
an offense other than that contemplated at the time the inter-
ception was made, 
"(c) An application for an order of authorization (as provided in 
subsection (a) of this section) or of approval (as provided in para-
graph (2) of subsection (b) of this section) may be authorized only 
when the interception of wire or oral communications may provide or 
has provided evidence of the commission of or a conspiracy to commit 
any of the following offenses: 
"(1) Any of the offenses specified in the Act entitled 'An Act to 
establish a code of law for the District of Columbia', approved 
March 3,1901, and listed in the following table: 
"Offense: 
Specified in— 
Arson 
sections 820, 821 (D.C. Code, sees. 22-401, 
31 Stat. 1323. 
22-402). 
Blackmail 
section 819 (D.C. Code, sec. 22-2305). 
Bribery 
section 861 (D.C. Code, sec. 22-701). 
81 Stat. 736. 
Burglary 
section 823 (D.C. Code, sec. 22-1801). 
79 Stat, 1307. 
Destruction of property of value section 848 (D.C. Code, sec. 22-403). 
in excess of $200. 
Gambling 
sections 863, 866, 869e, (D.C. Code, sees. 
52 Stat. 198. 
22-1-501, 22-1505, 22-1513). 
67 Stat. 95. 
Grand larceny_ 
section 826 (D.C, Code, sec. 22-2201), 
61 Stat. 313. 
Kidnapping 
section 812 (D.C. Code, sec. 22-2101). 
^^ c!^!" til' 
Murder 
sections 798, 800 (D.C. Code, sees, 22-2401, 
si S t 34?" 
22-2403). 
81 Stat! 736. 
Obstruction of justice 
section 862 (D.C. Code, sec. 22-703). 
67 Stat! 98.' 
Receiving stolen property of value section 829 (D.C. Code, sec. 22-2205). 
in excess of $100. 
81 Stat. 737. 
Robbery 
section 810 (D.C. Code, sec. 22-2901). 
"(2) Bribery as specified (A) in the second paragraph under the 
center heading 'General Expenses' in the first section of the Act of 
July 1, 1902 (D.C. Code, sec. 22-702), and (B) in the Act of Febru-
ary 26,1986 ( D.C. Code, sec. 22-704). 
"(3) Extortion and threats as specified in sections 1501 and 1502 of 
the Omnibus Crime Control and Safe Streets Act of 1968 (D.C. Code, 
sees. 22-2306, 22-2307). 
"(4) Offenses involving dealing in narcotic drugs, marihuana, and 
other dangerous drugs as sj^ecified in sections 2 and 16 of the Uniform 
52 ftat^. 787; 
Narcotic Drug Act (D.C. Code, sees. 33-402, 33-416) and section 203 
of the Dangerous Drug Act for the District of Columbia (D.C. Code, 
sec. 33-702). 
32 Stat. 591. 
49 Stat. 1143 
82 Stat. 238. 
70 Stat. 618 
70 Stat. 613 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
621 
"§23-547. Procedure for authorization or approval of intercep-
tion of wire or oral communications 
"(a) Each application for an order authorizing or approving the 
interception of a wire or oral communication shall be made in writing 
upon oath or affirmation to a judge and shall state the applicant's au-
thority to make the application. Each application shall include— 
"(1) the identity of the investigative or law enforcement offi-
cer making the application, and the officer authorizing the 
application; 
. 
"(2) a full and complete statement of the facts and circum-
stances relied upon by the applicant to justify his belief that an 
order should be issued, including (A) details as to the particular 
offense that has been, is being, or is about to be committed, (B) a 
particular description of the nature and location of the facilities 
from which or the place where the communication is to be or was 
intercepted, (C) a particular description of the type of commu-
nications sought to be or which were intercepted, and (D) the 
identity of the person, if known, who committed, is committing, or 
is about to commit the oifense and whose communications are to be 
or were intercepted; 
"(3) a full and complete statement as to whether or not other 
investigative procedures have been tried and failed or why they 
reasonably appear or appeared to be unlikely to succeed if tried or 
to be too dangerous; 
"(4) a statement of the period of time for Avhich the inter-
ception is or was required to be maintained, and if the nature of 
the investigation is or was such that the authorization for inter-
ception should not automatically terminate or should not have 
automatically terminated when the described type of communi-
cation has been or was first obtained, a particular description of 
facts establishing probable cause to believe that additional com-
munications of the same type will or would occur thereafter; 
"(5) a full and complete statement of the facts concerning all 
previous applications, known to the individual authorizing or 
making the application, made to any judge for authorization to 
intercept, or for approval of interceptions of, wire or oral com-
munications involving any of the same persons, facilities, or places 
specified in the application, and the action taken by the judge on 
each such application; and 
"(6) where the application is for the extension of an order, a 
statement setting forth the results thus far obtained from the 
interception, or a reasonable explanation of the failure to obtain 
results. 
"(b) The judge may require the applicant to furnish additional 
testimony or documentary evidence in support of the application. 
"(c) Upon application the judge may enter an ex parte order, as 
requested or as modified, authorizing or approving interception of 
wire or oral communications within the District of Columbia, if the 
judge determines on the basis of the facts submitted by the applicant 
"(1) there is or was probable cause for belief that the person 
whose communication is to be or was intercepted is or was com-
mitting, has committed, or is about to commit a particular offense 
enumerated in section 28-546; 
"(2) there is or was probable cause for belief that particular 
communications concerning that offense will or would be obtained 
through the interception; 
"(3) normal investigative procedures have or would have been 
tried and have or had failed or reasonably appear or appeared to 
be unlikely to succeed if tried or to be too dangerous- and 
622 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"(4) there is or was probable cause for belief that the facilities 
from which, or the place where, the wire or oral communications 
are to be or w^ere intercepted were used, are being used, or are 
about to be used, in connection with the commission of the offense, 
or are or were leased to, listed in the name of, or commonly used 
by the person referred to in paragraph (1). 
"(d) If the facilities from which a wire communication is to be or 
was intercepted are or were being used by, are or were about to be 
used by, or are or were leased to, listed in the name of, or commonly 
used by, a licensed physician, a licensed attorney, or practicing clergy-
man, or if the place where an oral communication is to be or was inter-
cepted is or was a j)lace used primarily for habitation by a husband 
and wife or primarily by a licensed physician, licensed attorney, or 
practicing clergyman for his own professional purposes, no order 
authorizing or approving such interception may be issued unless the 
court, in addition to the matters provided in subsection (c) of this 
section, determines that— 
"(1) such facilities or place are or were being used or are or 
were about to be used in connection with conspiratorial activities 
characteristic of organized crime; and 
"(2) such interceptions will be so conducted as to minimize or 
eliminate the number of interceptions of privileged wire or oral 
communications between licensed physicians and patients, licensed 
attorneys and clients, practicing clergymen and confidants, and 
husbands and wives. 
No otherwise privileged wire or oral communication intercepted in 
accordance w'ith, or in violation of, the provisions of this subchapter 
shall lose its privileged character. 
"(e) Each order authorizing or approving the interception of any 
wire or oral communication shsul specify— 
" (1) the identity of the person, if Imown, or otherwise a particu-
lar description of the person, if known, whose communications are 
to be or were intercepted; 
"(2) the nature and location of the communication facilities 
as to which, or the place where, authority to intercept or any 
approval of interception is or w^as granted; 
"(3) a particular description of the type of communication 
sought to be or which was intercepted, and a statement of the 
particular offense to which it relates; 
" (4) the identity of the agency authorized to intercept or whose 
interception is approved, and of the person authorizing the appli-
cation ; and 
"(5) the period of time during or for which the interception is 
authorized or approved, including a statement as to whether or 
not the interception shall automatically terminate when the 
described communication has been first obtained. 
"(f) An order authorizing the interception of a wire or oral com-
munication shall, upon request of the applicant, direct that a com-
munication common carrier, landlord, custodian, or other person shall 
furnish the applicant forthwith all information, facilities, or techni-
cal assistance necessary to accomplish the interception unobtrusively 
and with a minimum of interference with the services that such car-
rier, landlord, custodian, or person is according the person whose 
communications are to be intercepted. Any communication common 
carrier, landlord, custodian, or other person furnishing such facilities 
or technical assistance shall be compensated therefore by the applicant 
at the prevailing rates. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
6$53 
" (g) No order entered under this section may authorize or approve 
the interception of any wire or oral communication for any period 
longer than is necessary to achieve the objective of the authorization, 
nor in any event longer than thirty days. Extensions of an order may 
be granted, but only upon application for an extension made in ac-
cordance with subsection (a) of this section and the court making the 
findings required by subsection (c) of this section. The period of ex-
tension shall be no longer than the authorizing judge deems necessary 
to achieve the purposes for which it was granted and in no event for 
longer than thirty days. Every order and extension thereof shall con-
tain a provision that the authorization to intercept shall be executed 
as soon as practicable, shall be conducted in such a way as to minimize 
or eliminate the interception of communications not otherwise subject 
to interception under this subchapter, and must terminate upon attain-
ment of the authorized objective, or in any event in thirty days. 
"(h) Wlienever an order authorizing interception is entered pur-
suant to this subchapter, the order may require reports to be made to 
the judge who issued the order showing what progress has been made 
toward achievement of the authorized objective and the need for con-
tinued interception. Reports shall be made at such intervals as the 
judge may require. 
"§2^548. Additional procedure for approval of interception of 
wire or oral communications 
"(a) Notwithstanding any other provision of this subchapter, any 
investigative or law enforcement officer, specially designated by the 
United States attorney for the District of Columbia, who reasonably 
determines that— 
" (1) an emergency situation exists with respect to conspirato-
rial activities characteristic of organized crime that requires a wire 
or oral communication to be intercepted before an order authoriz-
ing the interception can with due diligence be obtained, and 
"(2) there are grounds upon which an order could be entered 
under this subchapter to authorize interception, 
may intercept the wire or oral communication if an application for an 
order approving the interception is initiated in accordance with this 
section within twelve hours and is completed within seventy-two hours 
after the interception has occurred, or begins to occur. In the absence 
of an order, the interception shall immediately terminate when the 
communication sought is obtained or when the application for the 
order is denied, whichever is earlier. In the event the application for 
approval is denied, or in any other case where the interception is ter-
minated without an order having been issued, the contents of any wire 
or oral communication intercepted shall be treated as having been 
obtained in violation of this subchapter, and an inventory shall be 
served as provided for in section 23-550 on the person named in the 
application. 
"(b) When an investigative or law enforcement officer, while en-
gaged in intercepting wire or oral communications in the manner 
authorized by this subchapter, intercepts wire or oral communications 
relating either to offenses other than those specified in the order of 
authorization or to offenses other than those offenses for which in-
terception was made pursuant to subsection (a) of this section, he 
shall make an application to a judge as soon as practicable for ap-
proval for disclosure and use, in accordance with section 23-553, of 
the information intercepted. 
624 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"§ 23-549. Maintenance and custody of records 
"(a) The contents of any wire or oral communication intercepted 
by any means authorized by this subchapter shall, if possible, be re-
corded on tape or wire or other comparable device. The recording of 
the contents of any wire or oral communication under this subchapter 
shall be done in such way as will protect the recording from editing or 
other alterations. Immediately upon the expiration of the period of the 
order, or extensions thereof, the recordings shall be made available to 
the judge issuing the order and sealed under his directions. Custody of 
the recordings snail be wherever the judge orders. They shall not be de-
stroyed except upon an order of the issuing or denying judge and in 
any event shall be kept for ten years. Duplicate recordings may be 
made for use or disclosure pursuant to the provisions of subsection 
(a) of section 23-553, for investigations. The presence of the seal pro-
vided for by this subsection, or a satisfactory explanation for the 
absence thereof, shall be a prerequisite for the use or disclosure of the 
contents of any wire or oral communication or evidence derived there-
from under subsection (b) of section 23-553. 
"(b) Applications made and orders granted under this subchapter 
shall be sealed by the judge. Custody of the applications and orders 
shall be wherever the judge directs. The applications and orders shall 
be disclosed only upon a showing of good cause before a judge of com-
petent juri'^diction and shall not be destroyed except on order of the 
issuing or denying judge, and in any event shall be kept for ten years. 
"(c) Any violation of the provisions of this subsection may be 
punished as contempt of court. 
"§23-550. Inventory 
"(a) Within a reasonable time but not later than ninety daj^s after 
the filing of an application for an order of approval under section 23-
548 which is denied, or the termination of the period of any order or 
extensions thereof, the issuing or denying judge shall cause to be 
served, on the persons named in the order or the application, and such 
other parties to intercepted communications as the judge may deter-
mine, in his discretion, are necessary in the interest of justice, an inven-
tory which shall include notice of— 
" (1) the fact of the entry of the order or the application for 
an order of approval which was denied; 
"(2) the date of the entry of the order or the denial of the ap-
plication for an order of approval; 
"(3) The period of authorized, approved, or disapproved inter-
ception; and 
"(4) whether during the period wire or oral communications 
were intercepted. 
The judge, upon the filing of a motion, may in his discretion make 
available to the person or his counsel for inspection such portions of 
the intercepted communications, applications, and orders as the judge 
determines to be in the interest of justice. On an ex parte showing of 
good cause to a judge, the serving of the inventory required by this 
subsection may be postponed. 
"§ 23-55.1. Procedure for disclosure and supression of intercepted 
wire or oral communications 
"(a) The contents of any intercepted wire or oral communication 
or evidence derived therefrom shall not be received in evidence or 
otherwise disclosed in any trial, hearing, or other proceeding in or 
before any court, department, officer, agency, regulatory body, or other 
authority of the United States or the District of Columbia unless not 
less than ten days before the trial, hearing, or proceeding— 
"(1) the inventory as provided in section 23-550 has been 
served; and 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
625 
"(2) the parties to the action have been served with a copy of 
the order and accompanying application under which the inter-
ception was authorized or approved. 
This ten-day period may be waived by court order where a court finds 
that it was not possible to furnish the party with the above informa-
tion ten days before the trial, hearing, or proceeding and that the 
party will not be prejudiced by the delay in receiving the information. 
"(b) Any aggrieved person in any trial, hearing, or proceeding 
in or before any court, dej)artment, officer, agenc;^, regulatory body, or 
other authority of the United States or the District of Columbia, may 
move to suppress the contents of any intercepted wire or oral com-
munication, or evidence derived therefrom, on the grounds that— 
"(1) the communication was unlawfully intercepted; 
" (2) the order of authorization or approval under which it was 
intercepted is insufficient on its face; 
"(3) the interception was not made in conformity with the 
order of authorization or approval; 
"(4) service was not made as provided in section 23-547; or 
"(5) the seal prescribed by subsection (i) of this section is not 
present and there is no satisfactory explanation for its absence. 
The motion shall be made before the trial, hearing or proceeding un-
less there was no opportunity to make the motion or the person was 
not aware of the grounds of the motion. If the motion is granted, the 
contents of the intercepted wire or oral communication, or evidence 
derived therefrom, shall be treated as having been obtained in viola-
tion of this subchapter and shall not be received in evidence in the 
trial, hearing, or proceeding. The judge, upon the filing of the motion 
by the aggrieved person, may in his discretion make available to the 
aggrieved person or his counsel for inspection such portions of the 
intercepted communication or evidence derived therefrom as the judge 
determines to be in the interests of justice. 
"§23-552. Government appeals 
"In addition to any other right to appeal, the United States or the 
District of Columbia, as the case may be, shall have the right to ap-
peal from an order granting a motion to suppress made under section 
23-551 or from the denial of an application for an order of approval, 
if the United States or the District of Columbia, as the case may be, 
shall certify to the judge or other official granting such motion or 
denying the application that the appeal is not taken for purposes of 
delay. Appeal shall be taken within thirty days after the date the 
order was entered and shall be diligently prosecuted. 
"§23-553. Authorization for disclosure and use of intercepted 
wire or oral communications 
"(a) Any investigative or law enforcement officer who, by any au-
thorized means and in conformity with this subchapter, has obtained 
knowledge of the contents of any wire or oral communication, or evi-
dence derived therefrom, may disclose or use such contents or evi-
dence to the extent that such disclosure or use is appropriate to the 
proper performance of his official duties. 
"(b) Any person who, by any authorized means and in conformity 
with this subchapter, has obtained knowledge of the contents of any 
wire or oral communication intercepted in accordance with this sub-
chapter, or other lawful authority, or evidence derived therefrom, may 
disclose the contents of such communication or evidence while giving 
testimony under oath or affirmation in any criminal trial, hearing, or 
proceeding before any grand jury or court. 
626 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
" (c) The contents of any wire or oral communication intercepted in 
conformity with this subchapter, or evidence derived therefrom, may 
otherwise be disclosed or used only by court order upon a showing of 
good cause. 
*
*
§ 23-554. Authorization for recovery of civil damages 
"(a) Any person whose wire or oral communication is intercepted, 
disclosed, or used in violation of this subchapter shall— 
"(1) have a civil cause of action against any person who inter-
cepts, discloses, or uses, or procures any other person to intercept, 
disclose, or use, such communications; and 
"(2) be entitled to recover from any such person— 
"(A) actual damages, but not less than liquidated dam-
ages computed at the rate of $100 a day for each day of viola-
tion, or $1,000 whichever is higher; 
"(B) punitive damages; and 
"(C) a reasonable attorney's fee and other litigation costs 
reasonably incurred. 
"(b) Good faith reliance on a court order or legisltaive authoriza-
tion shall constitute a complete defense to an action brought under 
this section or any other law. 
"Person." 
;4^p^ ^g ygg^j jj^ |-]^jg gectiou, the term 'person' includes the Dis-
trict of Columbia. The District of Columbia shall not assert any gov-
ernmental immunity to avoid liability under this section. Judgment 
against the District of Columbia shall not constitute a bar to action 
against any other person. 
"§ 23-555. Reports concerning intercepted wire or oral communi-
cations 
"(a) Within thirty days after the expiration of an order or an 
extension entered under section 23-547 or 23-548 or the denial of an 
order of approval, the issuing or denying court shall report to the 
chief judge of the District of Columbia of Appeals— 
" (1) that an order or extension was applied for; 
" (2) the kind of order or extension applied for; 
"(3) if the order or extension was granted as applied for, was 
modified, or was denied; 
"(4) the period of the interceptions authorized by the order, 
and the number and duration of any extensions of the order; 
"(5) the offense specified in the order or application, or exten-
sion of an order; 
"(6) the identity of the applying investigative or law enforce-
ment officer, the agency makmg the application, and the person 
authorizing the application; and 
" (7) the character and location of the facilities from which and 
the place where communications were 
(and were to be) 
intercepted. 
"(b) In January of each year the United States Attorney for the 
District of Columbia shall report to the Congress of the United States 
and the chief judge of the District of Columbia Court of Appeals— 
"(1) the information required by paragraphs (1) through (7) 
of subsection (a) of this section with respect to each application 
for an order or extension made during the immediately preceding 
calendar year; 
" (2) a general description of the interceptions made under such 
order or extension, including— 
"(A) the approximate character and frequency of incrim-
inating communications intercepted; 
82 Stat. 222. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
627 
"(B) the approximate character and frequency of other 
communications intercepted; 
"(C) the approximate number of persons whose communi-
cations were intercepted; and 
"(D) the approximate character, amount, and cost of the 
manpower and other resources used in the interceptions; 
"(3) the number of arrests resulting from interceptions made 
under such order or extension; 
"(4) the ojffenses for which the arrests were made; 
"(5) the number of trials resulting from such interceptions; 
"(6) the number of motions to suppress made with respect to 
such interceptions; 
"(7) the number of motions to suppress granted or denied; 
"(8) the number of convictions resulting from such intercep-
tions; 
"(9) the offenses for which the convictions were obtained; 
"(10) a general assessment of the importance of the intercep-
tions; and 
"(11) for purposes of comparison, the information required by 
paragraphs (2) through (10) of this subsection with respect to 
orders and extensions obtained in other preceding calendar years. 
"(c) Reports made pursuant to the section shall be made in ac-
cordance with regulations prescribed by the Director of the Adminis-
tration Office of the United States Courts under section 2519(3) of 
title 18, United States Code. 
*
*
§ 23-556. Relation to Federal law on wire interception and inter-
ception of oral communications 
"(a) Sections 23-542, 23-543, 23-545, 23-553, 23-554, and 23-
555 of this subchapter shall be construed to supplement, and not to 
supersede or otherwise limit, the provisions of chapter 119 of title 18, 
United States Code (relating to wire interception and interception of 
oral communications). 
"(b) Sections 23-546, 23-547, 23-548, 23-549, 23-550, 23-551, and 
23-552 of this subchapter shall be construed not to supersede or other-
wise limit the provisions of chapter 119 of title 18, United States Code, 
except in cases of irreconcilable conflict. 
"SUBCHAPTER IV—ARREST WARRANT AND SUMMONS 
^'§23-561. Issuance, form, and contents 
"(a) (1) A judicial officer may issue a warrant for the arrest of any 
person upon a sworn complaint which states facts constituting an 
offense over which the judicial officer has jurisdiction for trial or pre-
liminary examination, and establishing probable cause to believe that 
the person committed the offense. More than one warrant may issue 
on the same complaint. 
"(2) Upon request of the prosecutor, a summons shall issue instead 
of an arrest warrant. More than one summons may issue on the same 
complaint. If a person fails to appear in response to a summons, a 
warrant shall issue for his arrest. 
"(b) (1) An arrest warrant shall be signed by the judicial officer 
and shall state or contain the name of the issuing court, the date of 
issuance of the w^arrant, a description of the offense charged, and the 
name of the person to be arrested or, if his name is unknown, any 
name or description by which he can be identified with reasonable 
certainty. It shall command that the person be arrested and brought 
before the issuing court or officer. If the complaint establishes proba-
ble cause to believe that one of the conditions set out in subparagraphs 
(A) through (D) of section 23-591 (c)(2) is likely to exist at the 
18 u s e 2510" 
2520. 
628 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
time and place at which such warrant is to be executed, the warrant 
may contain an authorization that it be executed as provided in 
section 23-591. 
"(2) A summons shall be in the same form as an arrest warrant ex-
cept that it shall summon the person named to appear before the 
issuing court or officer at a stated time and place. 
"(c) An arrest warrant may be directed to a specific law enforce-
ment officer or to any classifications of officers of the Metropolitan Po-
lice of the District of Columbia or other agency authorized to make 
arrests or execute process. 
"(d) Each complaint shall be made in writing upon oath or affirma-
tion. Except for good cause shown, no warrant shall be issued unless 
the complaint has been approved by an appropriate prosecutor. 
"§23-562. Execution and return 
"(a) (1) A warrant issued pursuant to this subchapter shall be exe-
cuted by the arrest of the person named. The officer need not have the 
warrant in his possession at the time of the arrest, but upon request 
he shall show the warrant to the person as soon as possible. If the 
officer does not have the warrant in his possession at the time of the 
arrest, he shall inform the person of the offense charged and of the 
fact that a warrant has been issued. 
" (2) A summons shall be served upon a person by delivering a copy 
to him personally, by leaving it at his dwelling house or usual place 
of abode with some person of suitable age and discretion then residing 
therein, or by mailing it to the person's last known address. 
"(b) (1) The officer executing a warrant shall make return thereof 
to the judicial officer before whom the person is brought for prelimi-
nary examination. At the request of the appropriate prosecutor, any 
unexecuted and unexpired warrant shall be returned to the issuing 
court or judicial officer and shall be canceled. 
"(2) On or before the return day the person to whom a summons 
was delivered for service shall make return thereof to the court or 
officer before whom the summons is returnable. 
"(3) At the request of the appropriate prosecutor made at any time 
while the complaint is pending, a warrant returned unexecuted and 
not canceled or expired or a summons returned unserved or a duplicate 
thereof may be delivered by the judicial officer to the marshal or other 
authorized person for execution or service. 
"(c) (1) A law enforcement officer within the District of Columbia 
making an arrest under a warrant issued pursuant to this subchapter, 
making an arrest without a warrant, or receiving a person arrested by 
a special policeman or other person pursuant to section 23-582, shall 
take the arrested person without unnecessary delay before the court or 
other judicial officer empowered to commit persons charged with the 
offense for which the arrest was made. This subsection, however, shall 
not be construed to conflict with or otherwise supersede section 3501 
of title 18, LTnited States Code. When a person arrested without a 
warrant is brought before a judicial officer, a complaint or informa-
tion shall be filed forthwith. 
"(2) Before taking an arrested person to a judicial officer, a law 
enforcement officer may perform any recording, fingerprinting, photo-
graphing, or other preliminary police duties required in the par-
ticular case, and if such duties are performed with reasonable prompt-
ness, the period of time required therefor shall not constitute a delay 
within the meaning of this section. 
"§23-563. Territorial and other limits 
"(a) A warrant or summons for an offense punishable by imprison-
ment for more than one year issued by the Superior Court of the 
District of Columbia may be served at any place within the jurisdiction 
of the United States. 
82 Stat, 210. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
629 
"(b) A warrant or summons issued by the Superior Court of the 
District of Columbia for an offense punishable by imprisonment for 
not more than one year, or by a fine only, or hj such imprisonment and 
a fine, may be served in any place in the District of Columbia but may 
not be executed more than one year after the date of issuance. 
"(c) A person arrested outside the District of Columbia on a war-
rant issued by the Superior Court of the District of Columbia shall be 
taken before a judge, commissioner, or magistrate, and held to answer 
in the Superior Court pursuant to the Federal Eules of Criminal Pro-
cedure as if the warrant had been issued by the United States District 
^^ "^^ ^P^'* 
Court for the District of Columbia. 
"(d) When an application alleges that (1) an act which would con-
stitute a felony if committed by an adult has been committed by a 
child, (2) the child may not with due diligence be found within the 
District of Columbia, and (3) if the District of Columbia is a party 
to article X V I I of the Interstate Compact on Juveniles, the child is 
P°^t- ?• ees. 
not known to be in a jurisdiction which is a party to such article, a 
juvenile officer may secure a warrant for the arrest of the child as if 
he were an adult. When the child is brought before the issuing court or 
officer pursuant to the warrant he shall be ordered transferred to the 
Family Division of the Superior Court pursuant to section 16-2302. If 
^"'^' P* ^^^' 
the child is found in a jurisdiction which is a party to such article 
and if the District of Columbia is a party to such article, he shall be 
returned as provided in that article and the warrant shall be null and 
void. 
"SUBCHAPTER V—ARREST WITHOUT WARRANT 
"§23-581. Arrests without warrant by law enforcement officers 
"(a) (1) A law enforcement officer may arrest, without a warrant 
having previously been issued therefor— 
"(A) a person whom he has probable cause to believe has com-
mitted or is committing a felony; 
"(B) a person whom he has probable cause to believe has com-
mitted or is committing an offense in his presence; 
"(C) a person whom he has probable cause to believe has com-
mitted or is about to commit any offense listed in paragraph (2) 
and, unless immediately arrested, may not be apprehended, may 
cause injury to others, or may tamper with, dispose of, or destroy 
evidence. 
"(2) The offenses referred to in subparagraph (C) of paragraph 
(1) are the following: 
"(A) The following offenses specified in the Act entitled 'An Act 
to establish a code of law for the District of Columbia', approved 
March 3,1901, and listed in the following table: 
"Offense: 
Specified in— 
Assault 
section 806 (D.O. Code, sec. 22-504). 
^i stat. 1322. 
Petit larceny 
section 827 (D.C. Code, sec. 22-2202). 
^° ^*^*' ^^^' 
Receiving stolen goods 
section 829 (D.C. Code, sec. 22-2205). 
67 stat. 98. 
Unlawful entry 
section 824 (D.C. Code, sec. 22-3102). 
66 stat. 766. 
"(B) Attempts to commit the following offenses specified in such 
Act and listed in the following table: 
"Offense: 
Specified in— 
Burglary 
section 823 (D.C. Code, sec. 22-1801). 
^^ ^*^t' ^^(i. 
Grand larceny 
section 826 (D.C. Code, sec. 22-2201). 
^^ ^'^'' ^2«. 
Unauthorized use of vehicles 
section 826b (D.C. Code, sec. 22-2204). 
^7 stat. 656, 
"(b) A law enforcement officer may, even if his jurisdiction does 
not extend beyond the District of Columbia, continue beyond the Dis-
trict, if necessary, a pursuit commenced within the District of a person 
630 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
who has committed an oifeiise or whom he has probable cause to belieAe 
has committed or is committing a felony, and may arrest that person 
in any State the laws of which contain provisions equivalent to those 
of section 23-901. 
"§23^5)82. Arrests without warrant by other persons 
"(a) A special policeman shall have the same powers as a law en-
forcement officer to arrest without warrant for offenses committed 
within premises to which his jurisdiction extends, and may arrest out-
side the premises on fresh pursuit for offenses committed on tlie 
premises. 
"(b) A private person may arrest another— 
"(1) whom he has probable cause to believe is committing in 
liis presence— 
"(A) a felony, or 
"(B) an offense enumerated in section 23-581 (a) (2); or 
" (2) in aid of a law enforcement officer or special policeman, or 
other person authorized by law to make an arrest. 
"(c) Any person making an arrest pursuant to this section shall 
deliver the person arrested to a law enforcement officer Avithout un-
reasonable delay. 
"SUBCHAPTER 
VI—AUTHORITY 
TO 
BREAK 
AXD 
ENTER 
UNDER CERTAIN 
CONDITIONS 
"§ 23r-5,91. Authority to break and enter under certain conditions 
"(a) Any officer authorized by law to make arrests, or to execute 
search warrants, or any person aiding such an officer, may break and 
enter any premises, any outer or inner door or window of a dwelling 
house or other building, or any part thereof, any vehicle, or anything 
within such dwelling house, Duilding, or vehicle, or otherwise enter 
to execute search or arrest warrants, to make an arrest where author-
ized by law without a warrant, or where necessary to liberate himself 
or a person aiding him in the execution of such warrant or in making 
such arrest. 
" (b) Breaking and entry shall not be made until after such officer or 
person makes an announcement of his identity and purpose and the of-
ficer reasonably believes that admittance to the dwelling house or other 
building or vehicle is being denied or unreasonably delayed. 
" (c) An announcement of identity and purpose shall not be required 
prior to such breaking and entry— 
"(1) if the warrant expressly authorizes breaking and entry 
without such a prior announcement, or 
"(2) if circumstances known to such officer or person at the 
time of breaking and entry, but, in the case of the execution of a 
warrant, unknown to the applicant when applying for such war-
rant, give him probable cause to believe that— 
" (A) such notice is likely to result in the evidence subject 
to seizure being easily and quickly destroyed or disposed of, 
"(B) such notice is likely to endanger the life or safety of 
the officer or another person, 
"(C) such notice is likely to enable the party to be arrested 
to escape, or 
"(D) such notice would be a useless gesture. 
"(d) Whoever, after notice is given under subsection (b) or after 
entry where such notice is unnecessary under subsection (c), destroys, 
conceals, disposes of, or attempts to destroy, conceal, or dispose of, or 
title 1. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
631 
otherwise prevents or attempts to prevent the seizure of, evidence sub-
ject to seizure shall be fined not more than $5,000 or imprisoned for 
Penalty. 
not more than 5 years, or both. 
" (e) As used in this section and in subchapters I I and IV, the terms ^nt^/f,^^.^^'i,^^. 
'break and enter' and 'breaking and entering' include any use of fng^nd ent7r'.' ' 
physical force or violence or other unauthorized entry but do not i"g'" 
include entry obtained by trick or strategem. 
"Chapter 7.—EXTRADITION AND FUGITIVES FROM 
JUSTICE 
"Sec. 
"23-701. Warrants for the arrest of fugitives from justice. 
"23-702. Procedure on arrest of fugitives. 
"23-703. Failure to appear. 
"23-704. Extradition. 
"23-705. Removal proceedings and returns to foreign countries not affected. 
"23-706. Confinement. 
"23-707. Definitions. 
"§ 23-701. Warrants for the arrest of fugitives from justice 
"Whenever any person who is (1) within the District of Colum-
bia, (2) charged with any offense committed in any State, and (3) lia-
ble by the Constitution and laws of the United States to be delivered 
use prec. 
over upon the demand of the Governor of that State, any judge of 
the Superior Court may, upon complaint on oath or aifirmation of 
any credible witness, setting forth the offense, that the person is a fugi-
tive from justice, and such other matters as are necessary to bring the 
case within the provisions of law, issue a warrant to bring the person 
so charged before the Superior Court, to answer the complaint. 
"§23-702. Procedure on arrest of fugitives 
" (a) Any person arrested upon a warrant issued pursuant to section 
23-701, or arrested within the District of Columbia as a fugitive from 
justice without a warrant having been issued, shall be taken before the 
Criminal Division of the Superior Court for preliminary examination 
on a complaint charging him as a fugitive. 
"(b) If, upon the examination of the person charged, it shall ap-
pear to the court that there is reasonable cause to believe that the 
complaint is true and that the person may be lawfully demanded of 
the chief judge, the person shall be detained or released according to 
law, in like manner as if the offense had been committed in the District 
of Columbia, to appear before the court at a future date, allowing 
thirty days to obtain a requisition from the Governor of the State 
from which the person is a fugitive. The complaint of fugitivity from 
another jurisdiction shall create a presumption that the person is un-
likely to appear if released, which may be overcome only by clear and 
convincing proof. 
"(c) If the person so released or detained shall appear before the 
court upon the day ordered, he shall be discharged, unless he shall be 
demanded by requisition, pursuant to subsection (g) of this section or 
section 23-704, or unless the court shall find cause to detain or to 
release him as provided by subsection (b) until a later day; but re-
gardless of whether the person shall be detained or released as pro-
vided in subsection (b) or discharged, his delivery to any person 
authorized by the warrant of the Governor shall be a discharge of 
any bond or obligation. 
"(d) The Chief of Police of the Metropolitan Police Department 
shall give notice to the police official or sheriff of the city or county 
from which the person is a fugitive that the person is so held in the 
District of Columbia. 
47-348 O - 72 - 44 (Pt. 1) 
632 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"(e) A person detained as provided by this section shall not be 
detained in jail longer than to allow a reasonable time for the person 
receiving the notice required by subsection (d) to apply for and ob-
tain a proper requisition for the person detained according to the cir-
cumstances of the case and the distance of the place where the offense 
is alleged to have been committed. 
"(f) (1) At any time prior to the filing o^ a requisition, a person 
arrested pursuant to this section may in open court waive further pro-
ceedings pursuant to this chapter. 
"(2) Following waiver, a judge of the Superior Court may, in his 
discretion, if the United States attorney consents, release the person 
upon such conditions as the judge shall deem necessary to insure his 
appearance before the proper official in the State from which he is a 
fugitive, and shall otherwise order his return to the jurisdiction of 
that State in the custody of a proper official. 
"(3) Following waiver, a person not released pursuant to para-
graph (2) of this subsection shall be ordered to return to the jurisdic-
tion from which he is a fugitive in the custody of a proper official, 
and may be detained to await return. 
"(4) A person detained pursuant to paragraph (3) for more than 
three days (not including Saturdays, Sundays, and holidays) shall 
be returned to the court and shall thereupon be released pursuant to 
paragraph (2), unless the court shall find good reason to extend his 
detention for an additional three days to obtain the attendance of a 
proper official of the demanding jurisdiction, 
"(g) If a person has not waived further proceedings pursuant to 
subsection (f), and a requisition from the Governor of the jurisdic-
tion from which the person is a fugitive is presented to the court, the 
court shall order the requisition to be filed and referred to the chief 
judge for extradition proceedings pursuant to section 23-704, and 
shall order the person committed pending those proceedings. 
"§ 23-703. Failure to appear 
"Any person released pursuant to section 23-702 who fails to appear 
as required shall be punished by a fine not exceeding $5,000 or im-
prisonment for not more than five years, or both. 
"§23-704. Extradition 
"(a) In all cases where the laws of the L^nited States provide that 
fugitives from justice shall be delivered up, the chief judge of the 
Superior Court shall cause to be apprehended and delivered up fugi-
tives from justice who shall be found within the District of Columbia, 
in the same manner and under the same regulations as the executive 
authority of a State is required to do by the provisions of chapter 209 
82^stltf'in5^' 
"f *it]e 18, United States Code, and all executive and judicial officers 
1
8 use 3181- 
are required to obey the lawful precepts or other process issued for 
^^^^" 
that purpose, and to aid and assist in that delivery. 
"(b) The chief judge of the Superior Court may also surrender, on 
demand of the Governor of any State, any person in the District of 
Columbia charged in that State in the manner provided in subsection 
(a) of this section with committing an act in the District of Columbia, 
or in another State, intentionally resulting in a crime in the State 
whose executive authority is making the demand, even though the ac-
cused was not in that State at the time of tlie commission of the crime, 
and has not fled tlierefrom. 
"(c) Xo person apprehended in accordance with the provisions of 
subsections (a) and (b) of this section shall be delivered over to the 
agent whom the executive authority demanding him shall have ap-
pointed to receive liim unless he shall first be taken before the chief 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
633 
judge of the Superior Court of the District of Columbia who shall 
inform him of the demand made for his surrender, and of the crime 
with which he is charged, and that he has the right to demand and 
procure legal counsel. 
"(d) If the person or his counsel shall state that he desires to test 
the legality of the person's arrest, the chief judge shall hold a hearing 
to determine whether the person shall be delivered over as demanded. 
At the hearing, the person shall have the same rights to challenge his 
detention and extradition as if the hearing were upon a writ of habeas 
corpus. 
"(e) If the chief judge shall order the person delivered over, he may 
appeal, within twenty-four hours, from that order to the District of 
Columbia Court of Appeals if the chief judge who rendered the order, 
or a judge of the District of Columbia Court of Appeals, issues a cer-
tificate of probable cause. The appeal shall be expedited by the District 
of Columbia Court of Appeals. An application for a writ of habeas 
corpus on behalf of a person who is authorized to demand a hearing 
pursuant to this subsection shall not be entertained if it appears that 
the applicant has failed to demand such a hearing or that the chief 
judge, after hearing, has ordered him delivered over, unless it also 
appears that the remedy by hearing is inadequate or ineffective to test 
the legality of his detention. 
"(f) Nothing contained in this subsection shall prevent a person 
from waiving his right to appear before the chief judge of the Su-
perior Court and voluntarily returning in custody of a proper official 
to the jurisdiction of the State which is demanding him. 
"(g) No person demanded by the Governor of a State pursuant to 
this section shall be released upon bond or other obligation except 
pursuant to an order of a court of the demanding State. 
"(h) Any associate judge designated by the chief judge or acting 
chief judge shall have the same power to act pui'suant to this section 
as the chief judge. 
"§ 23r-705. Removal proceedings and returns to foreign countries 
not affected 
"Nothing contained in this chapter shall re])eal. modify, or in any 
way affect existing law concerning the procedure for the return of 
any person apprehended in the District of Columbia to a Federal 
judicial district to answer a Federal charge, or repeal, modify, or 
affect existing law or treaty concerning the return to a foreign coun-
try of a person apprehended or detained in the District of Columbia 
as a fugitive from a foreign country. 
"§23-706. Confinement 
"(a) The agent of the demanding State to whom the prisoner may 
have been delivered in accordance with the provisions of section 23-
704, may, w^hen necessary, confine the prisoner in a facility of the Dis-
trict of Columbia Department of Corrections, and the Department 
of Corrections must receive and safely keep the prisoner for such 
reasonable time as will enable the officer or person having charge of 
him to proceed on his route, such officer or person being chargeable 
with the expense of keeping. 
"(b) The officer or agent of a demanding State to whom a prisoner 
may have been delivered following extradition proceedings in an-
other State, or to whom a prisoner may have been delivered after 
waiving extradition in the other State, and who is passing through the 
District of Columbia with a prisoner for the purpose of immediately 
returning the prisoner to the demanding State, may, when necessary, 
confine the prisoner in a facility of the Department of Corrections. 
634 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
The Department of Corrections must receive and safely keep the pris-
oner for such reasonable time as will enable the officer or agent to pro-
ceed on his route, such officer or agent being chargeable with the ex-
pense of keeping. That officer or agent shall produce and show to the 
Department of Corrections satisfactory written evidence of the fact 
that he is actually transporting the prisoner to the demanding State 
after a requisition by the executive authority of the demanding State. 
The prisoner shall not be entitled to demand a new requisition while 
in the District of Columbia. 
"§23-707. Definitions 
"For purposes of this chapter— 
"(1) the term 'State' includes any territory or possession of the 
United States; and 
"(2) the term 'Governor' means the executive authority of a 
State. 
"Chapter 9.—FRESH PURSUIT 
"Sec. 
"23-901. Arrests in the District of Columbia by oflScers of other States. 
"23-902. Hearing; commitment; discharge. 
"23-903. 'Fresh pursuit' defined. 
"§ 23-901. Arrests in the District of Columbia by officers of other 
States 
"Any member of a duly organized peace unit of any State (or county 
or municipality thereof) of the United States who enters the District 
of Columbia in fresh pursuit and continues within the District of 
Columbia in fresh pursuit of a person in order to arrest him on the 
ground that he is believed to have committed a felony in such State 
shall have the same authority to arrest and hold that person in custody 
as has any member of any duly organized peace unit of the District of 
Columbia to arrest and hold in custody a person on the ground that 
he is believed to have committed a felony in the District of Columbia. 
This section shall not be construed so as to make unlawful any arrest 
in the District of Columbia w^hich would otherwise be lawful. 
"§ 23-902. Hearing; commitment; discharge 
"If an arrest is made in the District of Columbia by an officer of 
another State in accordance with the provisions of section 23-901, he 
shall without unnecessary delay take the person arrested before a judge 
of the Superior Court of the District of Columbia, who shall conduct 
a hearing for the purpose of determining the lawfulness of the arrest. 
If the judge determines that the arrest was lawful, he shall order the 
release or detention of the person arrested, pursuant to section 23-702, 
to await for a reasonable time a requisition from the Governor of the 
State demanding the extradition of the person arrested. If the judge 
determines that tlie arrest was unlawful he shall order the person 
discharged. 
"§23-903. *Fresh pursuit* defined 
"For purposes of this chapter, the term 'fresh pursuit' shall include 
fresh pursuit as defined by the common law, also the pursuit of a per-
son who has committed a felony or one whom the pursuing officer has 
reasonable grounds to believe has committed a felony. It shall also in-
clude the pursuit of a person whom the pursuing officer has reasonable 
grounds to believe has committed a felony, although no felony has 
actually been committed, if there is reasonable ground for believing 
that a felony has been committed. Such term shall not necessarily 
imply an instant pursuit, but pursuit without unreasonable delay. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
635 
"Chapter 11.—PROFESSIONAL BONDSMEN 
"Sec. 
"23-1101. Definitions. 
"23-1102. Bonding business impressed with public interest. 
"23-1103. Procuring business through official or attorney for a consideration 
prohibited. 
"23-1104. Attorneys procuring employment through official or bondsman for a 
consideration prohibited. 
"23-1105. Receiving other than regular fee for bonding prohibited; bondsmen 
prohibited from endeavoring to secure dismissal or settlement. 
"23-1106. Posting names of authorized bondsmen ; list to be furnished prisoners; 
prisoners may communicate with bondsmen; record to be kept by 
police. 
"23-1107. Bondsmen prohibited from entering place of detention unless requested 
by prisoner; record of visit to be kept. 
"23-1108. Qualifications of bondsmen; rules to be prescribed by courts; list of 
agents to be furnished; renewal of authority to act; detailed records 
to be kept; penalties and disqualifications. 
"23-1109. Giving advance information of proposed raid prohibited. 
"23-1110. Designation of official to take bail or collateral when court is not in 
session; issuance of citations. 
"23-1111. Penalties. 
"23-1112. Enforcement. 
«§ 23-llOL Definitions 
"For purposes of this chapter— 
" (1) the term 'bonding business' means the business of becom-
ing surety for compensation upon bonds in criminal cases in the 
District of Columbia; and 
"(2) the term 'bondsman' means any person or corporation en-
gaged in the bonding business either as a principal or as an 
agent, clerk, or representative of another engaged in such busi-
ness. 
"§23-1102. Bonding business impressed with public interests 
"The bonding business is impressed with a public interest. 
"§ 23-1103. Procuring business through official or attorney for a 
consideration prohibited 
"It shall be unlawful for any bondsman, either directly or indirectly, 
to give, donate, lend, contribute, or to promise to give, donate, lend, 
or contribute any money, property, entertainment, or other thing of 
value whatsoever to any attorney at law, police officer, deputy United 
States marshal, jailer, probation officer, clerk, or other attache of a 
criminal court, or public official of any character, for procuring or as-
sisting in procuring any person to employ the bondsman to execute as 
surety any bond for compensation in any criminal case in the District 
of Columbia. It shall be unlawful for any attorney at law, police 
officer, deputy United States marshal, jailer, probation officer, clerk, 
bailiff, or other attache of a criminal court, or public official of any 
character, to accept or receive from a bondsman any money, property, 
entertainment, or other thing of value whatsoever for procuring or 
assisting in procuring a person to employ a bondsman to execute as 
surety any bond for compensation in a criminal case in the District 
of Columbia. 
"§23-1104. Attorneys procuring employment through official or 
bondsman for a consideration prohibited 
"It shall be unlawful for any attorney at law, either directly or in-
directly, to give, loan, donate, contribute, or to promise to give, loan, 
donate, or contribute any money, property, entertainment, or other 
thin§ of value whatsoever to, or to split or divide any fee or com-
mission with, any bondsman, police officer, deputy United States 
marshal, probation officer, bailiff, clerk, or other attache of any crim-
inal court for causing or procuring or assisting in causing or procur-
636 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
ing a person to employ the attorney to represent him in a criminal case 
in the District of Columbia. 
"§23-1105. Receiving other than regular fee for bonding pro-
hibited; bondsmen prohibited from endeavoring to 
secure dismissal or settlement 
"It shall be lawful to charge for executing a bond in a criminal case 
in the District of Columbia, but it shall be unlawful for a bondsman, 
either directly or indirectly, to charge, accept, or receive a sum of 
money, or other thing of value, other than the regular fee for bonding, 
from a person for whom he has executed bond, for any other service 
whatever performed in connection with any indictment, information, 
or charge upon which the person is bailed or held in the District of 
Columbia. It also shall be unlawful for any bondsman to settle, or 
attempt to settle, or to procure or attempt to procure the dismissal of 
any indictment, information, or charge against any person in custody 
or held upon bond in the District of Columbia, with a court, or with 
the prosecuting attorney in a court in the District of Columbia. 
"§23-1106. Posting names of authorized bondsmen; list to be 
furnished prisoners; prisoners may communicate 
with bondsmen; record to be kept by police 
"A typewritten or printed list alphabetically arranged of all 
persons engaged under the authority of any of the courts of criminal 
jurisdiction in the District of Columbia in the business of becoming 
surety upon bonds for compensation in criminal cases shall be posted 
in a conspicuous place in each police precinct, jail, prisoner's dock, 
house of detention, and every other place in the I)istrict of Columbia 
in which persons in custody of the law are detained, and one or more 
copies thereof kept on hand; and when a person who is detained in 
custody in a place of detention shall request a person in charge thereof 
to furnish him the name of a bondsman, or to put him in communi-
cation with a bondsman, the list shall be furnished to the person in 
charge of the place of detention within a reasonable time to put the 
person detained in communication with the bondsman selected, and 
the person in charge of the place of detention shall contemporaneously 
with that transaction make in the blotter or book of record kept in the 
place of detention, a record showing the name of the person requesting 
the bondsman, the offense with which the person is charged, the time 
at which the request was made, the bondsman requested, and the 
person by whom the bondsman Avas called, and preserve that as a 
permanent record in the book or blotter in which entered. 
"§ 23-1107. Bondsmen prohibited from entering place of deten-
tion unless requested by prisoner; record of visit 
to be kept 
"It shall be unlawful for a bondsman to enter a police precinct, jail, 
prisoner's dock, house of detention, or other place where persons in the 
custody of the law are detained in the District of Columbia for the 
purpose of obtaining employment as a bondsman, without having been 
previously called by a person detained or by some relative or other 
authorized person acting for or on behalf of the person detained. 
Whenever a bondsman enters a police precinct, jail, prisoner's dock, 
house of detention, or other place where persons in the custody of the 
law are detained in the District of Columbia, he shall forthwith give 
to the person in charge thereof his mission there and the name of the 
person calling him and requesting him to come to such place. That 
information shall be recorded by the person in charge of the place of 
detention and preserved as a public record, and the failure of the bonds-
man to give that information, or the failure of the person in charge 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
637 
of the place of detention to make and preserve a record of that infor-
mation, shall constitute a violation of this chapter, 
"§23-1108. Qualifications of bondsmen; rules to be prescribed 
by courts; list of agents to be furnished; renewal 
of authority to act; detailed records to be kept; 
penalties and disqualifications 
"(a) It shall be the duty of the United States District Court for 
the District of Columbia and the Superior Court of the District of 
Columbia, each, to provide, under reasonable rules and regulations, 
the qualifications of persons and corporations applying for authority 
to engage in the bonding business in criminal cases in the District of 
Columbia, and the terms and conditions upon which the business shall 
be carried on, and no person or corporation shall, either as principal, 
or as agent, clerk, or representative of another, engage in the bonding 
business in either court until he shall, by order of the court, be au-
thorized to do so. The courts, in making these rules and regulations, 
and in granting authority to persons to engage in the bonding busi-
ness, shall take into consideration both the financial responsibility 
and the moral qualities of the person so applying, and no person shall 
be permitted to engage, either as principal or agent, in the bonding 
business, who has ever been convicted of an offense involving moral 
turpitude, or who is not known to be a person of good moral character. 
It shall be the duty of each of the courts to require every person quali-
fying to engage in the bonding business as principal to file with the 
court a list showing the name, age, and residence of each person em-
l^loyed by the bondsman as agent, clerk, or representative in the bond-
ing business, and require an affidavit from each of these persons stat-
ing that he will abide by the terms and provisions of this chapter. 
Each of the courts shall require the authority of each of those persons 
to be renewed from time to time at such periods as the court may by 
rule provide, and before the authority shall be renewed the court shall 
require from each of those persons an affidavit that since his previous 
qualification to engage in the bonding business he has abided by the 
provisions of this chapter, and any person swearing falsely in any 
of the affidavits shall be guilty of perjury. 
"(b) Each court shall prescribe such rules and regulations as may 
be necessary to insure that whenever a bondsman becomes surety for 
compensation upon a bond in a criminal case before the court, the 
bondsman shall make a record, which shall be accurate to the best of 
the maker's knowledge and belief and shall thereafter be open for in-
spection by the court or its designated representative, and by the 
designated representative of other law enforcement agencies of the 
District of Columbia, of the following matters: 
"(1) the full name and address of the person for whom the 
bond is executed (referred to in this subsection as the 'defendant') 
and the full name and address of his employer, if any; 
"(2) the offense with which the defendant is charged; 
"(3) the name of the court or officer authorizing the defend-
ant's admission to bail; 
" (4) the amount of the bond; 
"(5) the name of the person who called the bondsman, if other 
than the defendant ; 
"(6) the amount of the bondsman's charge for executing the 
bond; 
"(7) the full name and address of the person to whom the 
bondsman presented his bill for the charge; 
"(8) the full name and address of the person paying the 
charge; and 
" (9) the manner of payment of the charge. 
638 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
Whoever violates any rule or regulation prescribed under this sub-
section shall be fined not more than $500 or imprisoned not more than 
six months, or both, and if he is a bondsman shall be disqualified from 
thereafter engaging in any manner in the bonding business for such 
period of time as the trial judge shall order. 
"§23^1109. Giving advance information of proposed raid pro-
hibited 
"It shall be unlawful for any police officer or other public official, in 
advance of any raid by police or other peace officers or public officials 
or the execution of any search warrant or warrant of arrest, to give or 
furnish, either directly or indirectly, any information concerning the 
proposed raid or arrest to any person engaged in any manner in the 
bonding business, or to any attorney at law: but it shall not be unlaw-
ful for any police or other peace officer, in conducting any raid or in 
executing any search warrant or warrant of arrest, to communicate to 
any attorney at law or person engaged in the bonding business, any 
fact necessary to enable the officer to obtain from the attorney at law 
or person engaged in the bonding business information necessary to 
enable the officer to carry out the raid or execute the process. 
"§ 23i-1110. Designation of official to take bail or collateral when 
court is not in session; issuance of citations 
"(a) The judges of the Superior Court of the District of Columbia 
shall have the authority to appoint some official of the Metropolitan 
Police Department to act as a clerk of the court with authority to take 
bail or collateral from persons charged with offenses triable in the 
Superior Court at all times when the court is not open and its clerks 
accessible. The official so appointed shall have the same authority at 
those times with reference to taking bonds or collateral as the clerk of 
the Municipal Court had on March 3,1933; shall receive no compensa-
tion for those services other than his regular salary; shall be subject 
to the orders and rules of the Superior Court in discharge of his duties, 
and may be removed as the clerk at any time by the judges of the court. 
The United States District Court for the District of Columbia shall 
have power to authorize the official appointed by the Superior Court 
to take bond of persons arrested upon writs and process from that 
court in criminal cases between 4 o'clock postmeridian and 9 o'clock 
antemeridian and upon Sundays and holidays, and shall have power 
at any time to revoke the authority granted by it. 
"(b) (1) An officer or member of the Metropolitan Police Depart-
ment who arrests without a warrant a person for committing a mis-
demeanor may, instead of taking him into custody, issue a citation 
requiring the person to appear before an official of the Metropolitan 
Police Department designated under subsection (a) of this section to 
act as a clerk of the Superior Court. 
"(2) Whenever a person is arrested without a warrant for com-
mitting a misdemeanor and is booked and processed pursuant to law, 
an official of the Metropolitan Police Department designated under 
subsection (a) of this section to act as a clerk of the Superior Court 
may issue a citation to him for an appearance in court or at some other 
designated place, and release him from custody. 
"(3) No citation may be issued under paragraph (1) or (2) unless 
the person authorized to issue the citation has reason to believe that 
the arrested person will not cause injury to persons or damage to prop-
erty and that he will make an appearance in answer to the citation. 
"(4) Whoever willfully fails to appear as required in a citation, 
shall be fined not more than the maximum provided for the misde-
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
(539 
ineanor for which such citation was issued or imprisoned for not more 
than one year, or both. Prosecution under this paragraph shall be by 
the prosecuting officer responsible for prosecuting the offense for which 
the citation is issued. 
"§ 23-Ull. Penalties 
"Any person violating any provision of this chapter shall be fined 
not less than $50 nor more than $100, or imprisoned for not less than 
ten nor more than sixty days, or both, where no other penalty is 
provided by this chapter; and if the person so convicted is (1) a police 
officer or other public official, he shall upon recommendation of the 
trial judge also be forthwith dismissed from office, (2) a bondsman, 
he shall be disqualified from thereafter engaging in any manner in the 
bonding business for such a period of time as the trial judge shall 
order, or (3) an attorney at law, he shall be subject to suspension or 
disbarment as attorney at law. 
"§ 23-1112. Enforcement 
"It shall be the duty of the Superior Court and of the United States 
District Court for the District of Columbia to see that this chapter 
is enforced, and upon the impaneling of each grand jury in the Dis-
trict of Columbia it shall be the duty of the judge impaneling such 
jury to charge it to investigate the manner in which this chapter is 
enforced and all violations thereof in connection with the matter under 
investigation by such jury. 
"Chapter 13.—BAIL AGENCY AND PRETRIAL DETENTION 
"SUBCHAPTER I—DISTRICT OF COLUMBIA BAIL AGENCY 
•'Sec. 
"23-1301. District of Columbia Bail Agency. 
"23-1302. Definitions. 
"23-1303. Interviews with detainees; investigations and reports; information 
as confidential; consideration and use of reports in making bail 
determinations. 
"23-1304. Executive committee; composition; appointment and qualifications of 
Director. 
"23-1305. Duties of Director; compensation; tenure. 
"23-1306. Chief assistant and other agency personnel; compensation. 
"23-1307. Annual reports to executive committee, Congress, and Commissioner. 
"23-1308. Budget estimates. 
"SUBCHAPTER II—RELEASE 
AND 
PRETRIAL DETENTION 
"2.3-1321, Release in noncapital cases prior to trial. 
"23-1322. Detention prior to trial. 
"23-1323. Detention of addict. 
"23-1324. Appeal from conditions of release. 
"23-1325. Release in capital cases or after conviction. 
"23-1326. Release of material witnesses. 
"23-1327. Penalties for failure to appear. 
"23-1328. Penalties for offenses committed during release. 
"23-1329. Penalties for violation of conditions of release. 
"23-1330. Contempt. 
"23-1331. Definitions. 
"23-1332. Applicability of subchapter. 
"SUBCHAPTER I—DISTRICT OF COLUMBIA BAIL 
AGENCY 
"§2a-1301. District of Columbia Bail Agency 
"The District of Columbia Bail Agency (hereafter in this subchapter 
referred to as the 'agency') shall continue in the District of Columbia 
and shall secure pertinent data and provide for any judicial officer in 
the District of Columbia or any officer or member of the Metropolitan 
64« 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
Police Department issuing citations, reports containing verified in-
formation concerning any individual with respect to whom a bail or 
citation determination is to be made. 
"§23-1302. Definitions 
"As used in this chapter— 
"(1) the term 'judicial officer" means, unless otherwise indicated, 
the Supreme Court of the United States, the United States Court 
of Appeals for the District of Columbia Circuit, the District of 
Columbia Court of Appeals, United States District Court for the 
District of Columbia, the Superior Court of the District of Co-
lumbia or any justice or judge of those courts or a United States 
commissioner or magistrate; and 
"(2) the term 'bail determination' means any order by a judicial 
officer respecting the terms and conditions of detention or release 
(including any order setting the amount of bail bond or any other 
kind of security) made to assure the appearance in court of— 
"^A) any person arrested in the District of Columbia, or 
"(B) any material witness in any criminal proceeding in a 
court referred to in paragraph (1). 
"§ 23-1303. Interviews with detainees; investigations and reports; 
information as confidential; consideration and use 
of reports in making bail determinations 
"(a) The agency shall, except when impracticable, interview any 
person detained pursuant to law or charged with an offense in the 
District of Columbia who is to appear before a judicial officer or whose 
case arose in or is before any court named in section 23-1302(1). The 
interview, when requested by a judicial officer, shall also be undertaken 
with respect to any person charged with intoxication or a traffic viola-
tion. The agency shall seek independent verification of information 
obtained during the interview, shall secure any such person's prior 
criminal record which shall be made available by the Metropolitan 
Police Department, and shall prepare a written report of the informa-
tion for submission to the appropriate judicial officer. The report to the 
judicial officer shall, where appropriate, include a recommendation 
as to whether such person should be released or detained under any 
of the conditions specified in subchapter II of this chaf)ter. If the 
agency does not make a recommendation, it shall submit a report 
without recommendation. The agency shall provide copies of its report 
and recommendations (if any) to the United States attorney for the 
District of Columbia or the Corporation Counsel of the District of 
Columbia, and to counsel for the person concerning whom the report 
is made. The report shall include but not be limited to information 
concerning the person accused, his family, his community ties, resi-
dence, employment, and prior criminal record, and may include such 
additional verified information as may become available to the agency. 
"(b) With respect to persons seeking review^ under subchapter I I 
of this chapter of their detention or conditions of release, the agency 
shall review^ its report, seek and verify such new information as may 
be necessary, and modify or supplement its report to the extent 
appropriate. 
"(c) The agency, when requested by any appellate court or a judge 
or justice thereof, or by any other judicial officer, shall furnish a 
report as provided in subsection (a) of this section respecting any per-
son whose case is pending before any such appellate court or judicial 
officer or in whose behalf an application for a bail determination shall 
have been submitted. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
641 
"(d) Any information contained in the agency's files, presented in 
its report, or divulged during the course of any hearing shall not be 
admissible on the issue of guilt in any judicial proceeding, but such 
information may be used in proceedings under sections 23-1327, 
23-1328, and 23-1329, in perjury proceedings, and for the purposes of 
impeachment in any subsequent proceeding. 
"(e) The agency, when requested by a member or officer of the Metro-
politan Police Department acting pursuant to court rules governing 
the issuance of citations in the District of Columbia, shall furnish 
to such member or officer a report as provided in subsection (a). 
"(f) The preparation and the submission by the agency of its report 
as provided in this section shall be accomplished at the earliest prac-
ticable opportunity. 
" (g) A judicial officer in making a bail determination shall consider 
the agency's report and its accompanying recommendation, if any. 
The judicial officer may order such detention or may impose such terms 
and set such conditions upon release, including requiring the execu-
tion of a bail bond with sufficient solvent sureties as shall appear war-
ranted by the facts, except that such judicial officer may not order any 
detention or establish any term or condition for release not otherwise 
authorized by law\ 
"(h) The agency shall— 
"(1) supervise all persons released on nonsurety release, in-
cluding release on personal recognizance, personal bond, nonfi-
nancial conditions, or cash deposit or percentage deposit with the 
registry of the court; 
"(2) make reasonable efl'ort to give notice of each required 
court appearance to each pei-son released by the court ; 
"(3) serve as coordinator for other agencies and organizations 
which serve or may be eligible to serve as custodians for persons 
released under supervision and advise the judicial officer as to 
the eligibility, availability, and capacity of such agencies and or-
ganizations ; 
"(4) assist persons released pursuant to subchapter II of this 
cha}3ter in securing emploj^ment or necessary medical or social 
services; 
"(5) inform the judicial officer and the ITnited States attorney 
for the District of Columbia or the Corporation Counsel of the 
District of Columbia of any failure to comply with pretrial 
release conditions or the arrest of persons released under its 
supervision and recommend modifications of release conditions 
when appropriate; 
"(6) prepare, in cooperation with the I'nited States marshal 
for the District of Columbia and the United States attorney for 
the District of Columbia, such pretrial detention reports as are 
required by Rule 46(h) of the Federal Rules of Criminal Proce-
dure; and 
18 use app. 
"(7) perform such other pretrial functions as the executive 
committee may, from time to time, assign. 
"§2S-1304. Executive committee; composition; appointment and 
qualifications of Director 
"(a) The agency shall function under authority of and be responsi-
ble to an executive committee of five members of which three shall 
constitute a quorum. The executive committee shall be composed of 
the respective chief judges of the United States Court of Appeals for 
the District of Columbia Circuit, the United States District Court 
for the District of Columbia, the District of Columbia Court of Ap-
642 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
peals, the Superior Court, or if circumstances may require, the des-
ignee of any such chief judge, and a fifth member who shall be 
selected by the chief judges. 
"(b) The executive committee shall appoint a Director of the agency 
who shall be a member of the bar of the District of Columbia. 
"§23-1305. Duties of Director; compensation; tenure 
"The Director of the agency shall be responsible for the supervision 
and execution of the duties of the agency. The Director shall receive 
such compensation as may be set by the executive committee but not 
in excess of the compensation authorized for GS-16 of the General 
Ant^, p. 198-1. 
Schedule contained in section 5332 of title 5, United States Code. The 
Director shall hold office at the pleasure of the executive committee. 
"§ 23-1306. Chief assistant and other agency personnel; compen-
sation 
"The Director, subject to the approval of the executive committee, 
shall employ a chief assistant and such assisting and clerical staff and 
may make assignments of such agency personnel as may be necessary 
properly to conduct the business of the agency. The staff of the agency, 
other than clerical, shall be drawn from law students, graduate 
students, or such other available sources as maj be approved by the ex-
ecutive committee. The chief assistant to the Director shall receive com-
pensation as may be set by the executive committee, but in an amount 
not in excess of the amount authorized for GS-14 of the General 
Schedule contained in section 5332 of title 5, United States Code, and 
shall hold office at the pleasure of the executive committee. All other 
employees of the agency shall receive compensation, as set by the ex-
ecutive committee, which shall be comparable to levels of compensa-
5 use 5301- 
fion established in such chapter 53. From time to time, the Director, 
subject to the approval of the executive committee, may set merit and 
longevity salary increases. 
"§ 23-1307. Annual reports to executive committee, Congress, and 
Commissioner 
"The Director shall on June 15 of each year submit to the execu-
tive committee a report as to the agency's administration of its respon-
sibilities for the previous period of June 1 through May 31, a copy of 
which report will be transmitted by the executive committee to the 
Congress of the United States, and to the Commissioner of the Dis-
trict of Columbia. The Director shall include in his report, to be pre-
pared as directed by the Commissioner of the District of Columbia, a 
s^^atement of financial condition, revenues, and expenses for the past 
June 1 through May 31 period. 
"§23-1308. Budget estimates 
"Budsret estimates for the agency shall be prepared by the Director 
and shall be subject to the approval of the executive committee. 
"SUBCHAPTER II—RELEASE AND PRETRIAL 
DETENTION 
"§23-1321. Release in noncapital cases prior to trial 
"(a) Any person charged with an offense, other than an offense 
punishable by death, shall, at his appearance before a judicial officer, 
be ordered released pending trial on his personal recognizance or upon 
the execution of an unsecured appearance bond in an amount specified 
by the judicial officer, unless the officer determines, in the exercise of 
his discretion, that such a release will not reasonably assure the the ap-
pearance of the person as required or the safety of any other person 
5365 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
643 
or the conimuiiity. "When such a determination is made, the judicial 
officer sliall, either in lieu of or in addition to the above methods of 
release, impose the first of the following conditions of release which 
will reasonably assure the appearance of the person for trial or the 
safety of any other person or the community, or, if no single condi-
tion gives that assurance, any combination of the following condi-
tions: 
" (1) Place the j^erson in the custody of a designated i^erson or 
organization agreeing to supervise him. 
"(2) Place restrictions on the travel, association, or place of 
abode of the person during the period of release. 
" (3) Require the execution of an appearance bond in a specified 
amount and the deposit in the registry of the court, in cash or 
other security as directed, of a sum not to exceed 10 per centum 
of the amount of the bond, such deposit to be returned upon the 
performance of the conditions of release. 
"(4) Require the execution of a bail bond with sufficient solvent 
sureties, or the deposit of cash in lieu thereof. 
"(5) Impose any other condition, including a condition requir-
ing that the person return to custody after specified hours of 
release for employment or other limited purposes. 
Xo financial condition may be imposed to assure the safety of any 
other person or the community. 
"(b) In determining which conditions of re^lease, if any, will reason-
ably assure the appearance of a person as required 6r the safety of 
any other person or the community, the judicial officer shall, on the 
basis of available information, take into account such matters as the 
nature and circumstances of the offense charged, the weight of the 
evidence against such person, his family ties, employment, financial 
resources, character and mental conditions, past conduct, length of 
residence in the community, record of convictions, and any record of 
appearance at court proceedings, flight to avoid prosecution, or failure 
to appear at court proceedings. 
"(c) A judicial officer authorizing the release of a person under 
this section shall issue an appropriate order containing a statement 
of the conditions imposed, if any, shall inform such person of the 
penalties applicable to violations of the conditions of his release, shall 
advise him that a warrant for his arrest will be issued immediately 
upon any such violation, and shall warn such person of the penalties 
provided in section 23-1828. 
"(d) A person for whom conditions of release are imposed and 
who, after twenty-four hours from the time of the release hearing, 
continues to be detained as a result of his inability to meet the condi-
tions of release, shall, upon application, be entitled to have the condi-
tions review^ed by the judicial officer who imposed them. Unless the 
conditions of release are amended and the person is thereupon released, 
the judicial officer shall set forth in writing the reasons for requiring 
the conditions imposed. A person who is ordered released on a condi-
tion which requires that he return to custody after specified hours shall, 
upon application, be entitled to a review^ by the judicial officer who im-
posed the condition. Unless the requirement is removed and the person 
is thereupon released on another condition, the judicial officer shall 
set forth in writing the reasons for continuing the requirement. In 
the event that the judicial officer w^ho imposed conditions of release is 
not available, any other judicial officer may review such conditions, 
" (e) A judicial officer ordering the release of a person on any con-
dition specified in this section may at any time amend his order to 
impose additional or different conditions of release, except that if the 
644 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
imposition of such additional or different conditions results in the 
detention of the person as a result of his inability to meet such condi-
tions or in the release of the person on a condition requiring him to 
return to custody after specified hours, the provisions of subsection 
(d) shall apply. 
"(f) Information stated in, or offered in connection with, any order 
entered pursuant to this section need not conform to the rules pertain-
ing to the admissibility of evidence in a court of law. 
" (g) Nothing contained in this section shall be construed to prevent 
the disposition of any case or class of cases by forfeiture of collateral 
security w^here such disposition is authorized by the court. 
"(h) The following shall be applicable to any person detained pur-
suant to this subchapter: 
"(1) The person shall be confined, to the extent practicable, in 
facilities separate from convicted persons awaiting or serving 
sentences or being held in custody pending appeal. 
"(2) The person shall be afforded reasonable opportunity for 
private consultation with counsel and, for good cause showm, 
shall be released upon order of the judicial officer in the custody 
of the United States marshal or other appropriate person for 
limited periods of time to prepare defenses or for other proper 
reasons. 
"§23-1322. Detention prior to trial 
"(a) Subject to the provisions of this section, a judicial officer may 
order pretrial detention of— 
"(1) a person charged with a dangerous crime, as defined in 
section 23-1331(3), if the Government certifies by motion that 
based on such person's pattern of behavior consisting of his past 
and present conduct, and on the other factors set out in section 
23-1321 (b), there is no condition or combination of conditions 
which will reasonably assure the safety of the community; 
"(2) a person charged with a crime of violence, as denned in 
section 23-1331(4), if (i) the person has been convicted of a 
crime of violence within the ten-year period immediately pre-
ceding the alleged crime of violence for which he is presently 
charged; or (ii) the crime of violence was allegedly committed 
while the person was, with respect to another crime of violence, 
on bail or other release or on probation, parole, or mandatory 
release pending completion of a sentence; or 
"(3) a person charged with any offense if such person, for the 
purpose of obstructing or attempting to obstruct justice, threatens, 
injures, intimidates, or attempts to threaten, injure, or intimidate 
any prospective witness or juror. 
"(b) No person described in subsection (a) of this section shall be 
ordered detained unless the judicial officer— 
"(1) holds a pretrial detention hearing in accordance with the 
provisions of subsection(c) of this section; 
"(2) finds— 
"(A) that there is clear and convincing evidence that the 
person is a person described in paragraph (1), (2), or (3) of 
subsection (a) of this section; 
"(B) that— 
"(i) in the case of a person described only in para-
' 
graph (1) of subsection (a), based on such person's pat-
tern of behavior consisting of his past and present con-
duct, and on the other factors set out in section 23-1321 
(b),or 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
645 
"(ii) in the case of a person described in paragraph 
(2) or (3) of such subsection, based on the factors set out 
in section 23-1321 (b), 
there is no condition or combination of conditions of release 
which will reasonably assure the safety of any other person 
or the community; and 
"(C) that, except with respect to a person described in 
paragraph (3) of subsection (a) of this section, on the basis 
of information presented by proffer or otherwise to the ju-
dicial officer there is a substantial probability that the person 
committed the offense for which he is present before the ju-
dicial officer; and 
"(3) issues an order of detention accompanied by written find-
ings of fact and the reasons for its entry. 
"(c) The following procedures shall apply to pretrial detention 
hearings held pursuant to this section: 
"(1) Whenever the person is before a judicial officer, the hear-
ing may be initiated on oral motion of the United States attorney. 
"(2) Whenever the person has been released pursuant to sec-
tion 23-1321 and it subsequently appears that such person may be 
subject to pretrial detention, the United States attorney may 
initiate a pretrial detention hearing by ex parte written motion. 
Upon such motion the judicial officer may issue a warrant for the 
arrest of the person and if such person is outside the District of 
Columbia, he shall be brought before a judicial officer in the dis-
trict where he is arrested and shall then be transferred to the Dis-
trict of Columbia for proceedings in accordance with this section. 
"(3) The pretrial detention hearing shall be held immediately 
upon the person being brought before the judicial officer for such 
hearing unless the person or the United States attorney moves for 
a continuance. A continuance granted on motion of the person 
shall not exceed five calendar days, unless there are extenuating 
circumstances. A continuance on motion of the United States at-
torney shall be granted upon good cause shown and shall not ex-
ceed three calendar days. The person may be detained pending the 
hearing. 
" (4) The person shall be entitled to representation by counsel 
and shall be entitled to present information by proffer or other-
wise, to testify, and to present witnesses in his own behalf. 
"(5) Information stated in, or offered in connection with, any 
order entered pursuant to this section need not conform to the 
rules pertaining to the admissibilitj^ of evidence in a court of law. 
"(6) Testimony of the person given during the hearing shall 
not be admissible on the issue of guilt in any other judicial pro-
ceeding, but such testimony shall be admissible in proceedings 
under sections 23-1327, 23-1328, and 23-1329, in perjury proceed-
ings, and for the purposes of impeachment in any subsequent 
proceedings, 
"(7) Appeals from orders of detention may be taken pursuant 
to section 23-1324. 
"(d) The following shall be applicable to persons detained pursuant 
to this section: 
"(1) The case of such person shall be placed on an expedited 
calendar and, consistent with the sound administration of justice, 
his trial shall be given priority. 
646 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"(2) Such person shall be treated in accordance with section 
28-1321— 
"(A) upon the expiration of sixty calendar days, unless 
the trial is in progress or the trial has been delayed at the re-
quest of the person other than by the filing of timely motions 
(excluding motions for continuances); or 
"(B) whenever a judicial officer finds that a subsequent 
event has eliminated the basis for such detention. 
"(3) The person shall be deemed detained pursuant to section 
23-1325 if he is convicted. 
"(e) The judicial officer may detain for a period not to exceed five 
calendar days a person who comes before him for a bail determination 
charged with any offense, if it appears that such person is presently on 
probation, parole, or mandatory release pending completion of sen-
tence for any offense under State or Federal law and that such person 
may flee or pose a danger to any other person or the community if 
released. During the five-day period, the United States attorney or the 
Corporation Counsel for the District of Columbia shall notify the 
appropriate State or Federal probation or parole officials. If such 
officials fail or decline to take the person into custody during such 
period, the person shall be treated in accordance with section 23-1321, 
unless he is subject to detention under this section. If the person is 
subsequently convicted of the offense charged, he shall receive credit 
toward service of sentence for the time he was detained pursuant to 
this subsection. 
''§23-1323. Detention of addict 
"(a) Whenever it appears that a person charged with a crime of 
violence, as defined in section 23-1331 (4), may be an addict, as defined 
in section 23-1331(5), the judicial officer may, upon motion of the 
United States attorney, order such person detained in custody for a 
23eriod not to exceed three calendar days, under medical supervision, 
to determine whether the person is an addict. 
"(b) Upon or before the expiration of three caler ^^'ir days, the 
person shall be brought before a judicial officer and the results of the 
determination shall be presented to such judicial officer. The judicial 
officer thereupon (1) shall treat the person in accordance with section 
23-1321, or (2) upon motion of the United States attorney, may (A) 
hold a hearing pursuant to section 23-1322, or (B) hold a hearing 
pursuant to subsection (c) of this section. 
"(c) A person who is an addict may be ordered detained in custody 
under medical supervision if the judicial officer— 
"(1) holds a pretrial detention hearing in accordance Avith sub-
section (c) of section 23-1322; 
"(2) finds that— 
" (A) there is clear and convincing evidence that the person 
is an addict; 
"(B) based on the factors set out in subsection (b) of 
section 23-1321, there is no condition or combination of con-
ditions of release which will reasonably assure the safety of 
any other person or the community; and 
"(C) on the basis of information presented to the judicial 
officer by proffer or otherwise, there is a substantial prob-
ability that the person committed the offense for which he 
is present before the judicial officer; and 
"(3) issues an order of detention accompanied by written 
findings of fact and the reasons for its entry. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
647 
"(d) The provisions of subsection (d) of section 23-1322 shall 
apply to this section. 
"§23-1324. Appeal from conditions of release 
"(a) A person who is detained, or whose release on a condition 
requiring him to return to custody after specified hours is continued, 
after review of his application pursuant to section 23-1321 (d) or 
section 23-1321 (e) by a judicial officer, other than a judge of the court 
having original jurisdiction over the offense with which he is charged 
or a judge of a United States court of appeals or a Justice of the Su-
preme Court, may move the court having original jurisdiction over the 
offense with which he is charged to amend the order. Such motion 
shall be determined promptly. 
"(b) In any case in which a person is detained after (1) a court 
denies a motion under subsection (a) to amend an order imposing con-
ditions of release, (2) conditions of release have been imposed or 
amended by a judge of the court having original jurisdiction over the 
offense charged, or (3) he is ordered detained or an order for his deten-
tion has been permitted to stand by a judge of the court having original 
jurisdiction over the offense charged, an appeal may be taken to the 
court having appellate jurisdiction over such court. Any order so ap-
pealed shall be affirmed if it is supported by the proceedings below. If 
the order is not so supported, the court may remand the case for a 
further hearing, or may, with or without additional evidence, order the 
person released pursuant to section 23-1321 (a). The appeal shall be 
determined promptly. 
"(c) In any case in which a judicial officer other than a judge of the 
court having original jurisdiction over the offense with which a person 
is charged orders his release with or without setting terms or conditions 
of release, or denies a motion for the pretrial detention of a person, the 
United States attorney may move the court having original jurisdiction 
over the offense to amend or revoke the order. Such motion shall be 
considered promptly. 
"(d) In any case m which— 
" (1) a person is released, with or without the setting of terms 
or conditions of release, or a motion for the pretrial detention of 
a person is denied, by a judge of the court having original juris-
diction over the offense with which the person is charged, or 
"(2) a judge of a court having such original jurisdiction does 
not grant the motion of the United States attorney filed pursuant 
to sulDsection (c), 
the United States attorney may appeal to the court having appellate 
jurisdiction over such court. Any order so appealed shall be affirmed 
if it is supported by the proceedings below. If the order is not so sup-
ported, (A) the court may remand the case for a further hearing^ (B) 
with or without additional evidence, change the terms or conditions 
of release, or (C) in cases in which the United States attorney re-
quested pretrial detention pursuant to sections 23-1322 and 23-1323, 
order such detention. 
"§23-1325. Release in capital cases or after conviction 
"(a) A person who is charged with an offense punishable by death 
shall be treated in accordance with the provisions of section 23-1321 
unless the judicial officer has reason to believe that no one or more 
conditions of release will reasonably assure that the person will not 
flee or pose a danger to any other person or to the community. If such 
a risk of flight or danger is believed to exist, the person may IJe ordered 
detained. 
"(b) A person who has been convicted of an offense and is awaiting 
sentence shall be detained unless the judicial officer finds by clear 
47-348 O - 72 - 45 (Pt. 1) 
648 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
and convincing evidence that lie is not likely to flee or pose a danger 
to any other person or to the property of others. Upon such finding, 
the judicial officer shall treat the person in accordance with the pro-
visions of section 28-1821. 
"(c) A person who has been convicted of an offense and sentenced 
to a term of confinement or imprisonment and has filed an appeal or a 
petition for a writ of certiorari shall be detained unless the judicial 
officer finds by clear and convincing evidence that (1) the person is 
]iot likely to Aee or pose a danger to any other person or to the prop-
erty of others, and (2) the appeal or petition for a writ of certiorari 
raises a substantial question of law or fact likely to result in a reversal 
or an order for new trial. Upon such findings, the judicial officer shall 
treat the person in accordance with the provisions of section 23-1821. 
"(d) The jjrovisions of section 28-1324 shall apply to persons de-
tained in accordance with this section, except that the finding of the 
judicial officer that the appeal or petition tor writ of certiorari does 
not raise by clear and convincing evidence a substantial question of 
law or fact likely to result in a reversal or order for new trial shall 
receive de novo consideration in the court in which review is sought. 
"§23-1326. Release of material witnesses 
"If it appears by affidavit that the testimony of a person is material 
in any criminal proceeding, and if it is shown that it may become im-
practicable to secure his presence bj' subpena, a judicial officer shall 
impose conditions of release pursuant to section 23-1321. No material 
witness shall be detained because of inability to comply with any con-
dition of release if the testimony of such witness can adequately be 
secured by deposition, and further detention is not necessary to pre-
v^ent a failure of justice. Release may be delayed for a reasonable pe-
riod of time until the deposition of the witness can be taken pursuant 
18 use app. 
^^ ^j^g Federal Rules of Criminal Procedure. 
"§23-1327. Penalties for failure to appear 
"(a) Whoever, having been released under this title prior to the 
commencement of his sentence, willfully fails to appear before any 
court or judicial officer as required, shall, subject to the provisions of 
the Federal Rules of Criminal Procedure, incur a forfeiture of any 
security which was given or pledged for his release, and, in addition, 
shall, (1) if he was released in connection with a charge of felony, 
or while awaiting sentence or pending appeal or certiorari prior to 
commencement of his sentence after conviction of any offense, be fined 
not more than $5,000 and imprisoned not less than one year and not 
more than five years, (2) if he was released in connection with a charge 
of misdemeanor, be fined not more than the maximum provided for 
such misdemeanor and imprisoned for not less than ninety days and 
not more than one year, or (3) if he was released for appearance as 
a material witness, be fined not more than $1,000 or imprisoned for not 
more than one year, or both. 
"(b) Any failure to appear after notice of the appearance date 
shall be prima facie evidence that such failure to appear is willful. 
Whether the person was warned when released of the penalties for 
failure to appear shall be a factor in determining whether such fail-
ure to appear was willful, but the giving of such warning shall not 
be a prerequisite to conviction under this section. 
"(c) The trier of facts may convict under this section even if the 
defendant has not received actual notice of the appearance date if (1) 
reasonable efforts to notify the defendant have been made, and (2) the 
defendant, by his own actions, has frustrated the receipt of actual 
notice. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
649 
"(d) Any term of imprisonment imposed pursuant to this section 
shall be consecutive to any other sentence of imprisonment. 
"§23-1328. Penalties for offenses committed during release 
"(a) Any person convicted of an offense committed while released 
pursuant to section 23-1821 shall be subject to the following penalties 
in addition to any other applicable penalties: 
" (1) A term of imprisonment of not less than one year and not 
more than five years if convicted of committing a felony while 
so released; and 
"(2) A term of imprisonment of not less than ninety days and 
not more than one year if convicted of committing a misdemeanor 
while so released. 
"(b) The giving of a warning to the person when released of the 
penalties imposed by this section shall not be a prerequisite to the 
application of this section. 
"(c) Any term of imprisonment imposed pursuant to this section 
shall be consecutive to any other sentence of imprisonment. 
"§23--1329. Penalties for violation of conditions of release 
"(a) A person who has been conditionally released pursuant to sec-
tion 23-1321 and w^ho has violated a condition of release shall be sub-
ject to revocation of release, an order of detention, and prosecution for 
contempt of court. 
"(b) Proceedings for revocation of release may be initiated on mo-
tion of the United States attorney. A warrant for the arrest of a 
person charged with violating a condition of release may be issued by 
a judicial officer and if such person is outside the District of Columbia 
he shall be brought before a judicial officer in the district where he is 
arrested and shall then be transferred to the District of Columbia for 
proceedings in accordance with, this section. No order of revocation 
and detention shall be entered unless, after a hearing, the judicial 
officer finds that— 
"(1) there is clear and convincing evidence that such person 
has violated a condition of his release; and 
"(2) based on the factors set out in subsection (b) of section 
23-1321, there is no condition or combination of conditions of 
;. 
j- ^^ , 
release which will reasonably assure that such person will not flee 
or pose a danger to any other person or the community. 
The provisions of subsections (c) and (d) of section 23-1322 shall 
apply to this subsection. 
"(c) Contempt sanctions may be imposed if, upon a hearing and in 
accordance with principles applicable to proceedings for criminal con- 
^^' * 
tempt, it is established that such person has intentionally violated a 
condition of his release. Such contempt proceedings shall be expedited 
and heard by the couit without a jury. Any person found guilty of 
criminal contempt for violation of a condition of release shall be im-
prisoned for not more than six months, or fined not more than $1,000, 
or both. 
"(d) Any warrant issued by a judge of the Superior Court for vio-
lation of release conditions or for contempt of court, for failure to 
appear as required, or pursuant to subsection (c)(2) of section 2t3-1322, 
may be executed at any place within the jurisdiction of the United 
States. Such warrants shall be executed by a United States marshal or 
by any other officer authorized by law. 
"§23-1330. Contempt 
"Nothing in this subchapter shall interfere with or prevent the 
exercise by any court of the United States of its power to punish for 
contempt. 
650 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"§23-1331. Definitions 
"As used in this subchapter: 
"(1) The term 'judicial oiRcer' means, unless otherwise indi-
cated, any person or court in the District of Columbia authorized 
82^stfrnV^' 
pursuant to section 3041 of title 18, United States Code, or the 
18 use appl 
Federal Rules of Criminal Procedure, to bail or otherwise release 
a person before trial or sentencing or pending appeal in a court 
of the United States, and any judge of the Superior Court. 
"(2) The term 'offense' means any criminal offense committed 
in the District of Columbia, other than an offense triable by court-
martial, military commission, provost court, or other military 
tribunal, which is in violation of an Act of Congress. 
"(3) The term 'dangerous crime' means (A) taking or attempt-
ing to take property from another bv force or threat of force, 
(B) unlawfully entering or attempting to enter any premises 
adapted for overnight accommodation of persons or for carrying 
on business with the intent to commit an offense therein, (C) arson 
or attempted arson of any premises adaptable for overnight 
accommodation of persons or for carrying on business, (D) forci-
ble rape, or assault with intent to commit forcible rape, or (E) 
unlawful sale or distribution of a narcotic or depressant or stim-
ulant drug (as defined by any Act of Congress) if the offense is 
punishable by imprisonment for more than one year. 
" (4) The term 'crime of violence' means murder, forcible rape, 
carnal knowledge of a female under the age of sixteen, taking or 
attempting to take immoral, improper, or indecent liberties with 
a child under the age of sixteen years, mayhem, kidnaping, rob-
bery, burglary, voluntary manslaughter, extortion or blackmail 
accompanied by threats of violence, arson, assault with intent 
to commit any offense, assault with a dangerous weapon, or an 
attempt or conspiracy to commit any of the foregoing offenses, 
as defined by any Act of Congress or any State law, if the offense 
is punishable by imprisonment for more than one year. 
"(5) The term 'addict' means any individual w^ho habitually 
uses any narcotic drug as defined by section 4731 of the Internal 
68A Stat. 557; 
Reveuue Code of 1954 so as to endanger the public morals, health, 
^'^2?usc 4*731. 
safety, or welfare. 
"§23-1332. Applicability of subchapter 
"The provisions of this subchapter shall apply in the District of 
Columbia in lieu of the provisions of sections 3146 through 3152 of title 
80 Stat. 214. 
18, United States Code. 
"Chapter 15.—OUT-OF-STATE WITNESSES 
"Sw. 
"23-1501. Definitions. 
"23-1502. Hearing on recall of out-of-State witnesses by State courts; determina-
tion ; travel allowance; penalty. 
"23-1503. Certificate providing for attendance of vfitnesses at criminal prosecu-
tions in the District of Columbia; travel allowance; penalty. 
"23-1504. Exemption from arrest. 
"§23-1501. Definitions 
"As used in this chapter— 
"(1) The term 'witness' includes a person whose testimony is desired 
in any proceeding or investigation by a grand jury or in a criminal 
action, prosecution, or proceeding. 
"(2) The term 'State' includes the Commonwealth of Puerto Rico, 
the District of Columbia, the Virgin Islands, Guam, American Samoa, 
and any other territory or possession of the United States. 
"(3) The term 'summons' includes a subpena, order, or other notice 
requiring the appearance of a witness. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
651 
"§23-1502. Hearing on recall of out-of-State witnesses by State 
courts; determination; travel allowance; penalty 
"(a) If a judge of a court of record in any State which by its laws 
has made provision for commanding persons within that State to at-
tend and testify in the District of Columbia certifies under the seal of 
the court (1) that there is a criminal prosecution pending in that court, 
or that a grand jury investigation has commenced or is about to com-
mence, (2) that a person within the District of Columbia is a material 
witness in the prosecution or grand jury investigation, and (3) that 
his presence will be required for a specified number of clays, upon 
presentation of that certificate to any judge of the Superior Court of 
the District of (^olumbia, except as provided in subsection (c), such 
judge shall fix a time and place for a hearing, and shall make an order 
directing the witness to appear at a time and place certain for the 
hearing. 
"(b) If at the hearing the judge determines that the witness is 
material and necessary, that it will not cause undue hardship to the wit-
ness to attend and testify in the prosecution or grand jury investiga-
tion in the requesting State, and that the laws of such State and of any 
other State through which the witness may be required to pass by 
ordinary course of travel, will give to him protection from arrest and 
the service of civil and criminal process, he shall issue a summons, with 
a copy of the certificate attached, directing the witness to attend and 
testify in the prosecution or grand jury investigation, as the case may 
be, at a time and place specified in the summons. In any such hearing 
the certificate shall be prima facie evidence of all the facts stated 
therein. 
"(c) If the certificate presented under subsection (a) recommends 
that the witness be taken into immediate custody and delivered to an 
officer of the requesting State to assure his attendance, in the requesting 
State, the judge may in lieu of notification of hearing, direct that the 
witness be forthwith brought before him for a hearing. If the judge 
at the hearing is satisfied of the desirability of the custody and delivery 
of the witness, he may, in lieu of issuing subpena or summons, order 
the witness to be forthwith taken into custody and delivered to an 
officer of the requesting State. The certificate shall be prima facie 
proof of the desirability of the custody and delivery of the witness. 
"(d) Any witness who is summoned as above provided and, after 
being paid or tendered by some properly authorized person the fees 
and allowances authorized for witnesses in criminal cases in United 
States district courts, fails without good cause to attend and testify as 
directed in the summons, shall be punished in the manner provided for 
the punishment of any witness who disobeys a summons issued from 
the Superior Court. 
"§ 23-1503. Certificate providing for attendance of witnesses at 
criminal prosecutions in the District of Columbia; 
travel allowance; penalty 
"(a) If a person in any State, which by its laws has made provision 
for commanding persons within its borders to attend and testify in 
criminal prosecutions or ^rand jury investigations in the District of 
Columbia, is a material witness in such a prosecution or a grand jury 
investigation in the District of Columbia which has commenced or 
is about to commence, a judge may issue a certificate under seal 
stating these facts and specifying the number of days the witness 
will be required. The certificate may include a recommendation that 
the witness be taken into immediate custody and delivered to an of-
ficer of the United States or the District of Columbia to assure his 
attendance in the District of Columbia. This certificate shall be pre-
sented to a judge of a court of record in the county in which the witness 
is found. 
652 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"(b) If the witness is summoned to attend and testify in the District 
of Columbia he shall be tendered the fees and allowances authorized 
for witnesses in criminal cases in United States district courts. A 
witness who has appeared in accordance with the provisions of the 
summons shall not be required to remain within the District of Colum-
bia for a period longer than that specified in the certificate, unless 
otherwise ordered by the court. If the witness, after coming into the 
District of Columbia, fails without good cause to attend and testify 
as directed in the summons, he may be punished in the manner pro-
vided for the punishment of any other witness who disobeys a sum-
mons issued from the court in the District of Columbia where the 
prosecution has been instituted or the grand jury investigation has 
commenced or is about to commence. 
"§23-1504. Exemption from arrest 
"(a) Any person who comes into the District of Columbia in obedi-
ence to a summons directing him to attend and testify in the District 
of Columbia shall not, while in the District of Columbia, pursuant to 
the summons, be subject to arrest or the service of process, civil or 
criminal, in connection with any matter which arose before his en-
trance into the District of Columbia under the summons. 
"(b) Any person who is in the process of passing through the Dis-
trict of Columbia for the purpose of proceedmg to or returning from 
a State which has summoned him to attend and testify shall not be 
subject to arrest or the service of process, civil or criminal, in connec-
tion with any matter which arose at some other time. 
"Chapter 17.—DEATH PENALTY 
"Secv 
"23-1701. Capital punishment. 
"23-1702. Provision for death chamber; appointment of executioner and as-
sistants; fees. 
"23-1703. Sentences to be in writing and certified copy furnished. 
"23-1704. Who may be present at execution; fact of execution to be certified 
to clerlf of court. 
"23-1705. Place of execution. 
"§23-1701. Capital punishment 
"The mode of capital punishment in the District of Columbia shall 
be by the process commonly known as electrocution. The punishment 
of death shall be inflicted by causing to pass through the body of the 
convict a current of electricity of sufficient intensity to cause death, and 
the application of the current shall be continued until the convict is 
dead. The time fixed for the execution of the sentence shall not be con-
sidered an essential part of the sentence, and if it be not executed at 
the time therein appointed, by reason of the pendency of an appeal 
or for other cause, the court may appoint another day for carrying 
the same into execution. 
"§23-1702. Provision for death chamber; appointment of execu-
tioner and assistants; fees 
"The Commissioner of the District of Columbia shall provide a 
death chamber and necessary apparatus for inflicting the death pen-
alty by electrocution and designate an executioner and necessary assist-
ants, not exceeding three in number. The District of Columbia Council 
shall fix the fees for the executioner and his assistants. 
"§23-1703. Sentences to be in writing and certified copy fur-
nished 
"If a person is sentenced to death for a conviction in the District of 
Columbia the presiding judge shall sentence the convicted person to 
death according to the terms of this chaj)ter, and make the sentence 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
653 
in writing, such sentence shall be filed with the papers in the case 
against the convicted person, and a certified copy thereof shall be 
transmitted, by the clerk of the court in which such sentence is pro-
nounced, to the District of Columbia Department of Corrections not 
less than ten days prior to the time fixed in the sentence of the court 
for the execution. 
"§ 23-1704. Who may be present at execution; fact of execution 
to be certified to clerk of court 
^ ^ ,. 
"At the execution of the death penalty there shall be present only 
the following persons: The executioner and his assistant; the prison 
physician and one other physician if the condemned person so desires; 
the condemned person's counsel and relatives, not exceeding three, if 
they so desire; the prison chaplain and such other ministers of the 
Gospel, not exceeding two, as may attend by desire of the condemned; 
the superintendent of the prison, or, in the event of his disability, a 
deputy designated by him; and not fewer than three nor more than five 
respectable citizens whom the superintendent of the prison shall desig-
nate, and, if necessary to insure their attendance, shall subpena to be 
present. The fact of execution shall be certified by the prison physi-
cian and the executioner to the clerk of the court in which sentence was 
pronounced, which certificate shall be filed by the clerk with the papers 
in the case. No person under the age of twenty-one years shall be al-
lowed to witness any execution. 
"§ 23-1705. Place of execution 
"Any person adjudged to suffer death shall be executed within the 
walls of the designated facility of the Department of Corrections, or 
within the yard or inclosure thereof, and not elsewhere." 
(b) The following provisions oi law are repealed on the effective 
Repeals, 
date of this Act, except with respect to rights and duties which ma-
tured, penalties which were incurred, and proceedings which were 
begun before the effective date of this Act: 
(1) Sections 397 and 398 of the Revised Statutes of the District of 
Columbia (D.C. Code, sees. 4-140,4-141). 
s^ stat. 734, 
(2) The following provision of British law in effect in the District 
of Columbia: 23 Geo. II, chapter 11, sections 1 and 2 (D.C. Code, sees. 
23-204,23-205). 
(3) The following sections of the Act entitled "An Act to establish 
a code of law for the District of Columbia", approved March 3,1901: 
(A) Sections 911 to 914 (D.C. Code, sees. 23-301 to 23-304). 
3i stat. 1337; 
(B) Sections 915 to 917 (D.C. Code, sees. 23-201 to 23-203). " ^*^*' '^^• 
(C) Sections 918 to 924 (D.C. Code, sees. 23-107 to 23-113). 
(D) Section 926 (D.C. Code, sec. 23-114). 
(E) Sections 930 and 931 (D.C. Code, sees. 23-401, 23^02). 
67 stat. loe. 
(F) Sections 932 and 933 (D.C. Code, sees. 23-101, 23-102). 
(G) Sections 935 and 938 (D.C. Code, sees. 23-105, 23-106). 
^^ ^*"*' "s-
(II) Section 939 (D.C. Code, sec. 23-104). 
(I) Section 1200 (D.C. Code,see. 23-706). 
3i stat. 1379. 
(J) Section 1203 (D.C. Code, sec. 23-705). 
(4) Act of January 30,1925 (43 Stat. 798; D.C. Code, sees. 23-701 
to 23-704). 
(5) Act of April 21, 1928 (45 Stat. 440; D.C. Code, sees. 23-403 to 
23-410). 
(6) Act of March 3,1933 (47 Stat. 1482; D.C. Code, sees. 23-601 to 
23-612). 
(7) Section 5 of the Act of April 5, 1938 (52 Stat. 198, 199; D.C. 
Code, sec. 23-305). 
654 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
(8) Uniform Act on Fresli Pursuit (58 Stat. 1124; D.C. Code, sees. 
28-501 to 28-504). 
(9) Act of March 5, 1952 (H6 Stat. 15; D.C. Code, sees. 28-801 to 
28-804). 
(10) Sections 207, 402, and 407(b) of the District of Columbia Law 
Enforcement Act of 1958 (67 Stat. 90, 96, 102, 106; D.C. Code, sees. 
28-806, 28-115, and 28-411). 
(11) The District of Columbia Bail Agency Act (80 Stat. 827; D.C. 
Code, sees. 28-901 to 28-909). 
(12) Act of July 80, 1968 (82 Stat. 460; D.(\ Code, sec. 28-lOla). 
81 Stat. 740. 
CONFORMING 
AMENDMENTS 
82 Stat. 213. 
gg^., 211. (a) Sectiou 2511(2) (a) of title 18, Ignited States Code, 
is amended (1) by inserting " ( i ) " immediately after "(2) (a)"; and 
(2) by adding at the end thereof the following : 
"(ii) It shall not be unlawful under this chapter for an officer, em-
ployee, or agent of any communication common carrier to provide 
information, facilities, or technical assistance to an investigative or 
law enforcement officer who, pursuant to this chapter, is authorized to 
intercept a wire or oral communication.". 
(b) Section 2518(4) of title 18, United States Code, is amended by 
adding after and below paragraph (e) the following: 
"An order authorizing the interception of a wire or oral communica-
tion shall, upon request of the applicant, direct that a communication 
common carrier, landlord, custodian or other person shall furnish the 
applicant forthwith all information, facilities, and technical assistance 
necessary to accomplish the interception unobtrusively and with a 
minimum of interference with the services that such carrier, landlord, 
custodian, or person is according the person whose communications are 
to be intercepted. Any communication common carrier, landlord, cus-
todian or other person furnishing such facilities or technical assistance 
shall be compensated therefor by the applicant at the prevailing rates." 
(c) The last sentence of section 2520 of title 18, United States Code, 
is amended to read as follows: "A good faith reliance on a court order 
or legislative authorization shall constitute a complete defense to any 
civil Or criminal action brought under this chapter or under any other 
law.". 
T I T L P : III—PUBLIC DEFENDER SERVICE 
REDE8IGNATION OF LEGAL AID AGENCY AS PUBLIC DEFENDER SERVICE 
SEC. 801. The Legal Aid Agency for the District of Columbia is 
redesignated the District of Columbia Public Defender Service (here-
after in this title referred to as tlie "Service"). 
AUTHORITY OF SERVICE 
SEC. 802. (a) The Service is authorized to represent any person in 
the District of Columbia who is a person described in any of the 
following categories and who is financially unable to obtain adequate 
representation: 
(1) Persons charged with an offense punishable by imprison-
ment for a term of six months, or more. 
(2) Persons charged with violating a condition of probation or 
parole. 
(3) Persons subject to proceedings pursuant to chapter 5 of 
D!C.'c'ode 21- 
title 21 of the District of Columbia Code (Hospitalization of the 
501. 
Mentally 111). 
80 Stat. 1444.. 
70 Stat. 609. 
82 Stat. 621. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
655 
(4) Persons for whom civil commitment is sought pursuant to 
title I I I of the Narcotic Addict Rehabilitation Act of 1966 (42 
U.S.C. 3411, et seq.) or the provisions of the Hospital Treatment 
for Drug Addicts Act for the District of Columbia (D.C. Code, 
sec. 24-601,et seq.). 
(5) Juveniles alleged to be delinquent or in need of supervision. 
(6) Persons subject to proceedings pursuant to section 7 of the 
Act of August 4, 1947 (D.C. Code, sec. 24-527) (relating to com-
mitment of chronic alcoholics by court order for treatment). 
(7) Persons subject to proceedings pursuant to section 927 of 
the Act of March 3, 1901 (D.C. Code, sec. 24-301) (relating to 
Ante, p. eoi 
confinement of persons acquitted on the ground of insanity). 
Representation may be furnished at any stage of a proceeding, includ-
ing appellate, ancillary, and collateral proceedings. Not more than 60 
per centum of the persons who are annually determined to be financially 
unable to obtain adequate representation and w^ho are persons de-
scribed in the above categories may be represented by the Service, but 
the Service may furnish technical and other assistance to private at-
torneys appointed to represent persons described in the above cate-
gories. The Service shall determine the best practicable allocation of its 
staff personnel to the courts where it furnishes representation. 
(b) The Service shall establish and coordinate the operation of an 
effective and adequate system for appointment of private attorneys to 
represent persons described in subsection (a), but the courts shall have 
final authority to make such appointments. The Service shall report 
to the courts at least quarterly on matters relating to the operation of 
the appointment system and shall consult with the courts on the need 
for modifications and improvements. 
(c) Upon approval of its Board of Trustees, the Service may per-
form such other functions as are necessary and appropriate to the 
duties described above. 
(d) The determination whether a person is financially unable to 
obtain adequate representation shall be based on information provided 
by the person to be represented and such other persons or agencies as 
the court in its discretion shall require. Whoever in providing this in-
formation knowingly falsifies, conceals, or covers up by any trick, 
scheme, or device a material fact, or makes any false, fictitious, or 
fraudulent statement or representation, or makes or uses any false 
writing or document knowing the same to contain any false, fictitious, 
or fraudulent statement or entry shall be fined not more than $1,000 or 
imprisoned not more than one year, or both. 
BOARD OF TRUSTEES OF SERVICE 
SEC. 303. (a) The powers of the Service shall be vested in a Board 
of Trustees composed of seven members. The Board of Trustees shall 
establish general policy for the Service but shall not direct the conduct 
of particular cases. 
(b) (1) Members of the Board of Trustees shall be appointed by a 
panel consisting of— 
(A) the chief judge of the United States Court of Appeals for 
the District of Columbia Circuit; 
(B) the chief judge of the United States District Court for the 
District of Columbia; 
(C) the chief judge of the District of Columbia Court of 
Appeals; 
(D) the chief judge of the Superior Court of the District of 
Columbia; and 
(E) the Commissioner of the District of Columbia. 
656 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
The panel shall be presided over by the chief judge of the United 
States Court of Appeals for the District of Columbia Circuit (or in 
,Mf^; jfeji- ' 
Yus absence, the designee of such judge). A quorum of the panel shall 
be four members. 
»
<
?
& .;«jg . 
^2) Judges of the United States courts in the District of Columbia 
and of District of Columbia courts may not be appointed to serve as 
members of the Board of Trustees, 
f :.d .isijE i 
(3) The term of office of a member of the Board of Trustees shall be 
three years. No person shall serve more than two consecutive terms as 
a member of the Board of Trustees. A vacancy in the Board of Trustees 
1
0 J ; ,-. 
shall be filled in the same manner as the original appointment. Any 
member appointed to fill a vacancy occurring prior to the expiration of 
the term for which his predecessor was appointed shall be appointed 
only for the remainder of such term. 
(c) The trustees of the Legal Aid Agency for the District of 
Columbia in office on the date of enactment of this Act shall serve the 
unexpired portions of their terms as trustees of the Service. 
(d) For the purposes of any action brought against the trustees of 
the Service, they shall be deemed to be employees of the District of 
Columbia. 
DIRECTOR AND DEPUTY DIRECTOR OF SERVICE 
SEC. 304. The Board of Trustees shall appoint a Director and 
Deputy Director of the Service, each of whom shall serve at the 
pleasure of the Board. The Director shall be responsible for the super-
vision of the work of the Service and shall perform such other duties 
as the Board of Trustees may prescribe. The Deputy Director shall 
assist the Director and shall perform such duties as he may prescribe. 
The Director and Deputy Director shall be members of the bar of the 
District of Columbia. The Board of Trustees shall fix the compensa-
tion to be paid to the Director and the Deputy Director without 
regard to chapter 51 and subchapter I I I of chapter 53 of title 5 of 
80 Stat. 443, 
the United States Code, but compensation for the Director shall not 
5 "use 5101, 
exceed the rate prescribed for GS-18 of the General Schedule and 
^^f^' 
mo , 
compensation for the Deputy Director shall not exceed the maximum 
rate prescribed for GS-17 of the General Schedule. 
': 
• 
'" 
S T A F F 
• • • • • " • ' 
• ''• 
• 
f*i-.--^J< 
SEC. 305. (a) The Director shall employ a staff of attorneys and 
clerical and other personnel necessary to provide adequate and effec-
tive defense services. The Director shall make assignments of the 
personnel of the Service. The compensation of all employees of the 
Service, other than the Director and the Deputy Director, shall be 
fixed by the Director without regard to chapter 51 and subchapter I I I 
of chapter 53 of title 5 of the United States Code, but shall not exceed 
the compensation which may be paid to persons of similar qualifica-
tions and experience in the Office of the United States Attorney for 
the District of Columbia. All attorneys employed by the Service to 
represent persons shall be members of the bar of the District of 
Columbia. 
(b) No attorney employed by the Service shall engage in the private 
practice of law or receive a fee for representing any person. 
r 
i-s lino f HUMi-finn } if* .rM'Ti«f\i otii * •,''>!'i:- 
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to !'M'{il>i<-! 9jh "to iTfio'* loheqoR m' 
< • •••/ T ' NW' -•• ? .U) 
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: i;!.!nijrfoV) 
Ante, p. 198-1. 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
657 
FISCAL REPORTS 
SEC. 306. (a) The Board of Trustees of the Agency shall submit 
Report to 
a fiscal year report of the Service's operations to the Congress of the ^""s^ess. 
United States, to the chief judges of the Federal courts in the District 
of Columbia and of the District of Columbia courts, and to the Com-
missioner of the District of Columbia. The report shall include a 
statement of the financial condition of the Service and a summary of 
services performed during the year. 
(b) The Board of Trustees shall annually arrange for an independ-
ent audit to be prepared by a certified public accountant or by a des-
ignee of the Administrative Office of the United States Courts. 
APPROPRIATIONS. GRANTS, AND CONTRIBUTIONS 
SEC. 307. (a) For the purpose of carrying out the provisions of this 
title, there are authorized to be appropriated for each fiscal year, out 
of any moneys in the Treasury to the credit of the District of Colum-
bia, such sums as may be necessary to implement the purposes of this 
title. Such sums shall be appropriated for the judiciary to be disbursed 
by the Administrative Office of the United States Courts to carry on 
the business of the Service. The Administrative Office, in disbursing 
and accounting for such sums, shall follow, so far as possible, its stand-
ard fiscal practices. The budget estimates for the Service shall be 
prepared in consultation with the Commissioner of the District of 
Columbia. 
(b) Upon approval of the Board of Trustees, the Service may ac-
cept public grants and private contributions made to assist it in carry-
ing out the provisions or this title. 
TRANSITION PROVISION 
SEC. 308. All employees of the Legal Aid Agency for the District 
of Columbia on the date of enactment of this Act shall be deemed to be 
employees of the Service and shall be entitled to the same compensation 
and benefits as they are entitled to as employees of the Legal Aid 
Agency for the District of Columbia. 
REPEAL 
SEC. 309. The District of Columbia Legal Aid Act (D.C. Code, 
sees. 2-2201 to 2-2210) is repealed. 
74 stat. 229. 
TITLE ly—INTERSTATE COMPACT OX JUVENILES 
FINDINGS AND PURPOSE 
SEC. 401. (a) The Congress finds that (1) juveniles who are not 
under proper supervision and control, or who have absconded, escaped, 
or run away, are likely to endanger their own health, morals, and wel-
fare, and the health, morals, and welfare of others, and (2) the coop-
eration of the District of Columbia with the States is necessary to 
provide for the welfare and protection of juveniles and other persons 
m the District of Columbia. 
(b) The Congress intends, in authorizing the District of Columbia 
to adopt the Interstate Compact on Juveniles, to have the District 
of Columbia cooperate fully with the States (1) in returning juveniles 
to those States requesting their return, and (2) in accepting and pro-
viding for the return of juveniles who are residents of the District 
of Columbia and who are found or apprehended in a State. 
658 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
AUTHORITY TO ENTER INTO COMPACT 
SEC. 402. (a) The Commissioner of the District of Columbia (here-
after in this title referred to as the "Commissioner") is authorized 
to enter into and execute on behalf of the District of Columbia a com-
pact with any State or States legally joining therein in the form 
substantially as follows: 
"THE 
INTEKSTATE 
COMPACT 
ON 
JUVENILES 
"The contracting states solemnly agree: 
"ARTICLE I—Findings and Purposes 
"That juveniles who are not under proper supervision and control, 
or who have absconded, escaped or run away, are likely to endanger 
their own health, morals and welfare, and the health, morals and wel-
fare of others. The cooperation of the states party to this compact is 
therefore necessary to provide for the welfare and protection of juve-
niles and of the public with respect to (1) cooperative supervision 
of delinquent juveniles on probation or parole; (2) the return, from 
one state to another, of delinquent juveniles who have escaped or 
absconded; (3) the return, from one state to another, of non-delin-
quent juveniles who have run aw^ay from home; and (4) additional 
measures for the protection of juveniles and of the public, which any 
two or more of the party states may find desirable to undertake coop-
eratively. In carrying out the provisions of this compact the party 
states shall be guided oy the non-criminal, reformative and protective 
policies which guide their laws concerning delinquent, neglected or 
dependent juveniles generally. It shall be the policy of the states party 
to this compact to cooperate and observe their respective responsibil-
ities for the prompt return and acceptance of juveniles and delinquent 
juveniles who become subject to the provisions of this compact. The 
provisions of this compact shall be reasonably and liberally construed 
to accomplish the foregoing purposes. 
"ARTICLE II—Existing Rights and Remedies 
"That all remedies and procedures provided by this compact shall 
be in addition to and not in substitution for other rights, remedies and 
procedures, and shall not be in derogation of parental rights and 
responsibilities. 
"ARTICLE III—Definitions 
"That, for the purposes of this compact, 'delinquent juvenile' means 
any juvenile who has been adjudged delinquent and who, at the time 
the provisions of this compact are invoked, is still subject to the juris-
diction of the court that has made such adjudication or to the jurisdic-
tion or supervision of any agency or institution pursuant to an order 
of such court; 'probation or parole' means any kind of conditional 
release of juveniles authorized under the laws of the states party 
hereto; 'court' means any court having jurisdiction over delinquent, 
neglected or dependent children; 'state' means any state, territory or 
possessions of the United States, the District of Columbia, and the 
Commonwealth of Puerto Rico; and 'residence' or any variant thereof 
means a place at which a home or regular place of abode is maintained. 
t'3'iq<|i 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
659 
"ARTICLE lY—Return of Runaways 
"(a) That the parent, guardian, person or agency entitled to legal 
custody of a juvenile who has not been adjudged delinquent but who 
has 'run away without the consent of such parent, guardian, person or 
agency may petition the appropriate court in the demanding state for 
the issuance of a requisition for his return. The petition shall state the 
name and age of the juvenile, the name of the petitioner and the basis 
of entitlement to the juvenile's custody, the circumstances of his run-
ning away, his location if known at the time application is made, and 
such other facts as may tend to show that the juvenile who has run 
away is endangering his own welfare or the welfare of others and is 
not an emancipated minor. The petition shall be verified by affidavit, 
shall be executed in duplicate, and shall be accompanied by two cer-
tified copies of the document or documents on which the petitioner's 
entitlement to the juvenile's custody is based, such as birth certificates, 
letters of guardianship, or custody decrees. Such further affidavits 
and other documents as may be deemed proper may be submitted with 
such petition. The judge of the court to which this application is made 
may hold a hearing thereon to determine whether for the purposes of 
this compact the petitioner is entitled to the legal custody of the 
juvenile, whether or not it appears that the juvenile has in fact run 
away without consent, whether or not he is an emancipated minor, and 
w^hether or not it is in the best interest of the juvenile to compel his 
return to the state. If the judge determines, either with or w^ithout 
a hearing. That the juvenile should be returned, he shall present the 
appropriate court or to the executive authority of the state where the 
juvenile is alleged to be located a written requisition for the return of 
such juvenile. Such requisition shall set forth the name and age of the 
juvenile, the determination of the court that the juvenile has run away 
without the consent of a parent, guardian, person or agency entitled 
to his legal custody, and that it is in the best interest and for the pro-
tection of such juvenile that he be returned. In the event that a pro-
ceeding for the adjudication of the juvenile as a delinquent, neglected 
or dependent juvenile is pending in the court at the time when such 
juvenile runs away, the court may issue a requisition for the return of 
such juvenile upon its own motion, regardless of the consent of the 
parent, guardian, person or agency entitled to legal custody, reciting 
therein the nature and circumstances of the pending proceeding. The 
requisition shall in every case be executed in duplicate and shall be 
signed by the judge. One copy of the requisition shall be filed with the 
compact administrator of the demanding state, there to remain on file 
subject to the provisions of law governing records of such court. Upon 
the receipt of a requisition demanding the return of a juvenile who 
has run away, the court or the executive authority to whom the requi-
sition is addressed shall issue an order to any peace officer or other 
appropriate person directing him to take into custody and detain such 
juvenile. Such detention order must substantially recite the facts nec-
essary to the validity of its issuance hereunder. No juvenile detained 
upon such order shall be delivered over to the officer whom the court 
demanding him shall have appointed to receive him. unless he shall 
first be taken forthwith before a judge of a court in the state, who 
shall inform him of the demand made for his leturn and who may 
appoint counsel or guardian ad litem for him. If the judge of such 
court shall find that the requisition is in order, he shall deliver such 
juvenile over to the officei" whom the court demanding him shall have 
appointed to receive him. The judge, however, may fix a reasonable 
time to be allowed for the purpose of testijig the legality of the 
proceeding. 
660 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
"Upon reasonable information that a person is a juvenile who has 
run away from another state party to this compact without the con-
sent of a parent, guardian, person or agency entitled to his legal 
custody, such juvenile may be taken into custody without a requisition 
and brought forthwith before a judge of the appropriate court who 
may appoint counsel or guardian ad litem for such juvenile and who 
shall determine after a hearing whether sufficient cause exists to hold 
the person, subject to the order of the court, for his own protection 
and welfare, for such a time not exceeding 90 days as will enable his 
^ 
return to another state party to this compact pursuant to a requisition 
for his return from a court of that state. If, at the time when a state 
seeks the return of a juvenile who has run away, there is pending in 
the state wherein he is found any criminal charge, or any proceeding 
to have him adjudicated a delinquent juvenile for an act committed 
in such State, or if he is suspected of having committed within such 
state a criminal offense or an act of juvenile delinquency, he shall not 
be returned without the consent of such state until discharged from 
prosecution or other form of proceeding, imprisonment, detention or 
supervision for such oft'ense or juvenile delinquency. The duly ac-
credited officers of any state party to this compact, upon the estab-
lishment of their authority and the identity of the juvenile being 
returned, shall be permitted to transport such juvenile through any 
and all states party to this compact, without interference. Upon his 
return to the state from which he ran away, the juvenile shall be sub-
ject to such further proceedings as may be appropriate under the laws 
of that state. 
"(b) That the state to which a juvenile is returned under this Arti-
cle shall be responsible for payment of the transportation costs of such 
return. 
"(c) That 'juvenile' as used in this Article means any person who 
is a minor under the law of the state of residence of the parent, guard-
ian, person or agency entitled to the legal custody of such minor. 
"ARTICLE V—Return of Escapees and Absconders 
"(a) That the appropriate person or authority from whose proba-
' 
tion or parole supervision a delinquent juvenile has absconded or from 
whose institutional custody he has escaped shall present to the appro-
priate court or to the executive authority of the state where the delin-
quent juvenile is alleged to be located a written requisition for the 
return of such delinquent juvenile. Such requisition shall state the 
name and age of the delinquent juvenile, the particulars of his adju-
dication as a delinquent juvenile, the circumstances of the breach of 
the terms of his probation or parole or of his escape from an institu-
tion or agency vested with his legal custody or supervision, and the 
location of such delinquent juvenile, if known, at the time the requisi-
tion is made. The requisition shall be verified by affidavit, shall be 
executed in duplicate, and shall be accompanied by two certified copies 
of the judgment, formal adjudication, or order of commitment wnich 
subjects such delinquent juvenile to probation or parole or to the legal 
custody of the institution or agency concerned. Such further affidavits 
and other documents as may be deemed proper may be submitted 
with such requisition. One copy of the requisition shall be filed with 
the compact administrator of the demanding state, there to remain on 
file subject to the provisions of law governing records of the appro-
priate court. Upon the receipt of a requisition demanding the return 
of a delinquent juvenile who has absconded or escaped, the court or 
the executive authority to whom the requisition is addressed shall 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
€61 
issue an order to any peace officer or other appropriate person direct-
ing him to take into custody and detain such delinquent juvenile. 
Such detention order must substantially recite the facts necessary to 
the validity of its issuance hereunder. No delinquent juvenile detained 
upon such order shall be delivered over to the officer whom the appro-
priate person or authority demanding him shall have appointed to re-
ceive him, unless he shall first be taken forthwith before a judge of an 
appropriate court in the state, who shall inform him of the demand 
made for his return and who may appoint counsel or guardian ad 
litem for him. If the judge of such court shall find that the requisition 
is in order, he shall deliver such delinquent juvenile over to the officer 
whom the appropriate person or authority demanding him shall huxe 
appointed to receive him. The judge, however, may fix a reasonable 
time to be allowed for the purpose of testing the legality of the 
proceeding. 
"Upon reasonable information that a person is a delinquent juvenile 
who has absconded while on probation or parole, or escaped from an 
institution or agency vested with his legal custody or supervision in 
any state party to this compact, such person may be taken into custody 
in any other state party to this compact without a requisition. But in 
such event, he must be taken forthwith before a judge of the appro-
priate court, who may appoint counsel or guardian ad litem for such 
person and who shall determine, after a hearing, whether sufficient 
cause exists to hold the person subject to the order of the court for such 
a time, not exceeding 90 days, as will enable his detention under a deten-
tion order issued on a requisition pursuant to this Article. If, at the 
time when a state seeks the return of a delinquent juvenile who has 
either absconded while on probation or parole or escaped from an insti-
tution or agency vested with his legal custody or supervision, there 
is pending in the state wherein he is detained any criminal charge or 
any proceeding to have him adjudicated a delinquent juvenile for an act 
committed in such state, or if he is suspected of having committed 
within such state a criminal offense or an act of juvenile delinquency, 
he shall not be returned without the consent of such state until dis-
charged from prosecution or other form of proceeding, imprisonment, 
detention or supervision for such offense or juvenile delinquency. The 
duly accredited officers of any state party to this compact, upon the 
establishment of their authority and the identity of the delinquent 
juvenile being returned, shall be permitted to transport such delinquent 
juvenile through any and all states party to this compact, without 
interference. Upon his return to the state from which he escaped or 
absconded, the delinquent juvenile shall be subject to such further pro-
ceedings as may be appropriate under the laws of that state. 
"(b) That the state to which a delinquent juvenile is returned under 
this Article shall be responsible for the payment of the transporta-
tion costs of such return. 
"ARTICLE VI—Voluntary Return Procedure 
"That any delinquent juvenile who has absconded while on proba-
tion or parole, or escaped from an institution or agency vested with 
his legal custody or supervision in any state party to this compact, 
and any juvenile who has run away from any state party to this com-
pact, who is taken into custody without a requisition in another state 
party to this compact under the provisions of Article IV(a) or of 
Article V(a), may consent to his immediate return to the state from 
which he absconded, escaped or ran away. Such consent shall be given 
662 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
by the juvenile or delinquent juvenile and his counsel or guardian 
ad litem if any, by executing or subscribing a writing, in the presence 
of a judge of the appropriate court, which states that the juvenile 
or delinquent juvenile and his counsel or guardian ad litem, if any, 
consent to his return to the demanding state. Before such consent shall 
be executed or subscribed, however, the judge, in the presence of 
counsel or guardian ad litem, if any, shall inform the juvenile or 
delinquent juvenile of his rights under this compact. When the con-
sent has been duly executed, it shall be forwarded to and filed wdth 
the compact administrator of the state in which the court is located 
and the judge shall direct the officer having the juvenile or delinquent 
juvenile in custody to deliver him to the duly accredited officer or 
officers of the state demanding his return, and shall cause to be 
delivered to such officer or officers a copy of the consent. The court 
may, however, upon the request of the state to which the juvenile or 
delinquent juvenile is being returned, order him to return unaccom-
panied to such state and shall provide him with a copy of such court 
order; in such event a copy of the consent shall be forwarded to the 
compact administrator of the state to which said juvenile or delinquent 
juvenile is ordered to return. 
"AETICLE VII—Cooperative Supervision of Probationers and 
Parolees 
"(a) That the duly constituted judicial and administrative author-
ities of a state party to this compact (herein called 'sending state') 
may permit any delinquent juvenile within such state, placed on pro-
bation or parole, to reside in any other state party to this compact 
(herein called 'receiving state') while on probation or parole, and the 
receiving state shall accept such delinquent juvenile, if the parent, 
guardian or person entitled to the legal custody of such delinquent 
juvenile is residing or undertakes to reside within the receiving state. 
Before granting such permission, opportunity shall be given to the 
receiving state to make such investigations as it deems necessary. The 
authorities of the sending state shall send to the authorities of the 
receiving state copies of pertinent court orders, social case studies and 
all other available information which may be of value to and assist 
the receiving state in supervising a probationer or parolee under this 
compact. A receiving state, in its discretion, may agree to accept super-
vision of a probationer or parolee in cases where the parent, guardian 
or person entitled to the le^al custody of the delinquent juvenile is 
not a resident of the receiving state, and if so accepted the sending 
state may transfer supervision accordingly. 
"(b) That each receiving state will assume the duties of visitation 
and of supervision over any such delinquent juvenile and in the exer-
cise of those duties will be governed by the same standards of visita-
tion and supervision that prevail for its own delinquent juveniles 
released on probation or parole. 
"(c) That, after consultation between the appropriate authorities 
of the sending state and of the receiving state as to the desirability 
and necessity of returning such a delinquent juvenile, the duly ac-
credited officers of a sending state may enter a receiving state and there 
apprehend and retake any such delinquent juvenile on probation or 
parole. For that purpose, no formalities will be required, other than 
establishing the authority of the officer and the identity of the delin-
quent juvenile to be retaken and returned. The decision of the sending 
state to retake a delinquent juvenile on probation or parole shall be 
conclusive upon and not reviewable within the receiving state, but if, 
84 STAT. ] 
PUBLIC LAW 91-358-JULY 29, 1970 
663 
at the time the sending state seeks to retake a delinquent juvenile on 
probation or parole, there is pending against him within the receiving 
state any criminal charge or any proceeding to have him adjudicated 
a delinquent juvenile for any act committed in such state or if he is 
suspected of having committed within such state a criminal offense 
or an act of juvenile delinquency, he shall not be returned without the 
consent of the receiving state until discharged from prosecution 
or other form of proceeding, imprisonment, detention or supervision 
for such offense or juvenile delinquency. The duly accredited officers 
of the sending state shall be permitted to transport delinquent juve-
niles being so returned through any and all states party to this 
compact, without interference. 
"(d) That the sending state shall be responsible under this Article 
for paying the cos's of transportin<y any delinquent juvenile to the 
receiving state or of returning any delinquent juvenile to the sending 
"ARTICLE VIII—Responsibility for Costs 
"(a) That the provisions of Articles IV(b), V(b) and Vll(d) 
of this compact shall not be construed to alter or affect any internal 
relationship among the departments, agencies and officers of and in 
the government of a party state, or between a party state and its sub-
divisions, as to the payment of costs, or responsibilities therefor. 
"(b) That nothing in this compact shall be construed to prevent 
any party state or subdivision thereof from asserting any right against 
any person, agency or other entity in regard to costs for which such 
party state or subdivision thereof may be responsible pui-suant to 
Articles IV(b), V(b) or VII(d) of this compact. 
"ARTICLE IX—Detention Practices 
"That, to every extent possible, it shall be the policy of states party 
to this compact that no juvenile or delinquent juvenile shall be placed 
or detained in any prison, jail or lockup nor be detained or transported 
in association with criminal, vicious or dissolute persons. 
"ARTICLE X—Supplementary Agreements 
"That the duly constituted administrative authorities of a state 
party to this compact may enter into supplementary agreements with 
any other state or states party hereto for the cooperative care, treat-
ment and rehabilitation of delinciuent juveniles whenever they shall 
find that such agreements will improve the facilities or programs 
available for such care, treatment, and rehabilitation. Such care, treat-
ment and rehabilitation may be provided in an institution located 
within any state entering into such supplementary agreement. Such 
supplementary agreements shall (1) provide the rates to be paid for 
the care, treatment and custody of such delinquent juveniles, taking 
into consideration the character of facilities, services and subsistence 
furnished; (2) provide that the delinquent juvenile shall be given a 
court hearing prior to his being sent to another state for care, treat-
ment and custody; (3) provide that the state receiving such a delin-
quent juvenile in one of its institutions shall act solely as agent for 
the state sending such delinquent juvenile; (4) provide that the send-
ing state shall at all times retain jurisdiction over delinquent juveniles 
sent to an institution in another state; (5) provide for reasonable 
inspection of such institutions by the sending state; (6) provide that 
the consent of the parent, guardian, person or agency entitled to the 
47-348 O - 72 - 46 (Pt. 1) 
664 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
le^al custody of said delinquent juvenile shall be secured prior to his 
being sent to another state; and (7) make provision for such other 
matters and details as shall be necessary to protect the rights and 
equities of such delinquent juveniles and of the cooperating states. 
"ARTICLE XI—Acceptance of Federal and Other Aid 
"That any state party to this compact may accept any and all dona-
tions: gifts and grants of money, equipment and services from the 
federal or any local government, or any agency thereof and from any 
person, firm or corporation, for any of the purposes and functions of 
this compact, and may receive and utilize the same subject to the 
terms, conditions and regulations governing such donations, gifts and 
grants. 
"ARTICLE XII—Compact Administrators 
"That the governor of each state party to this compact shall desig-
nate an officer who, acting jointly with like officers of other party states, 
shall promulgate rules and regulations to carry out more effectively 
the terms and provisions of this compact. 
"ARTICLE XIII—Execution of Compact 
"That this compact shall become operative immediately upon its 
execution by any state as between it and any other state or states so 
executing. When executed it shall have the full force and effect of law 
within such state, the form or execution to be in accordance with the 
laws of the executing state. 
"ARTICLE XIV—Renunciation 
"That this compact shall continue in force and remain binding upon 
each executing state until renounced by it. Renunciation of this com-
pact shall be by the same authority which executed it, by sending six 
months' notice in writing of its intention to withdraw from the com-
pact to the other states party hereto. The duties and obligations of a 
renouncing state under Article VII hereof shall continue as to parolees 
and probationers residing therein at the time of withdrawal until 
retaken or finally discharged. Supplementary agreements entered into 
under Article X hereof shall be subject to renunciation as provided 
by such supplementary agreements, and shall not be subject to the six 
months' renunciation notice of the present Article. 
"ARTICLE XV—Severability 
"That the provisions of this compact shall be severable and if any 
phrase, clause, sentence or provision of this compact is declared to be 
contrary to the constitution of any participating state or of the United 
States or the applicability thereof to any government, agency, person 
or circumstance is held invalid, the validity of the remainder of this 
compact and the applicability thereof to any government, agency, per-
son or circumstances shall not be affected thereby. If this compact shall 
be held contrary to the constitution of any state participating therein, 
the compact shall remain in full force and effect as to the remaining 
states and in full force and effect as to the state affected as to all 
severable matters." 
fi .n) u - &x • o shf>it-
84 STAT. ] 
PUBLIC L
A
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665 
(b) The Commissioner may enter into and execute on behalf of the 
District of Columbia the following additional articles to the Interstate 
Compact on Juveniles: 
"ARTICLE XVI—Additional Provision Relating to Return of 
Minor Children 
"This article shall provide additional remedies, and shall be binding 
only as among and between those party states which specifically exe-
cute the same. 
"For the purposes of this article, 'child', as used herein, means any 
minor within the jurisdictional age limits of any court in the home 
state. 
"When any child is brought before a court of a state of which such 
child is not a resident, and such state is willing to permit such child's 
return to the home state of such child, such home state, upon being so 
advised by the state in which such proceeding is pending, shall im-
mediately institute proceedings to determine tne residence and juris-
dictional facts as to such child in such home state, and upon finding 
that such child is in fact a resident of said state and subject to the 
jurisdiction of the court thereof, shall within five days authorize the 
return of such child to the home state, and to the parent or custodial 
agency legally authorized to accept such custody m such home state, 
and at the expense of such home state, to be paid from such funds as 
such home state may procure, designate, or provide, prompt action 
being of the essence. 
"ARTICLE XVII—Additional Provision Concerning Interstate 
Rendition of Juveniles Alleged to be Delinquent 
"This article shall provide additional remedies, and shall be binding 
only as among and between those party states which specifically exe-
cute the same. 
"All provisions and procedures of Articles V and VI of the Inter-
state Compact on Juveniles shall be construed to apply to any juvenile 
charged with bein^ a delinquent by reason of a violation of any 
criminal law. Any juvenile, charged with being a delinquent by rea-
son of violating any criminal law shall be returned to the requesting 
state upon a requisition to the state where the juvenile may be found. 
A petition in such case shall be filed in a court of competent jurisdiction 
in the requesting state where the violation of criminal law is alleged 
to have been committed. The petition may be 
filed 
regardless of whether 
the juvenile has left the state before or after the filing of the petition. 
The requisition described in Article V of the compact shall be for-
warded by the judge of the court in which the petition has been filed." 
COMPACT ADMINISTRATOR 
SEC. 403. (a) The Commissioner shall appoint or designate an 
officer of the government of the District of Columbia (hereafter in this 
section referred to as the "compact administrator") to administer the 
compact. The compact administrator shall serve at the pleasure of the 
Commissioner. 
(b) The compact administrator, acting jointly with like officers of 
party States, shall promulgate rules and regulations to carry out more 
effectively the terms of the compact. The compact administrator shall 
cooperate with all departments, agencies, and officers of the govern-
666 
PUBLIC LAW 91-358-JULY 29, 1970 
[84 STAT. 
ment of the District of Columbia in facilitating tlie proper adminis-
tration of the compact or of any supplementary agreement entered into 
by the compact administrator under subsection (c) of this section. 
(c) Subject to the approval of the Commissioner, the compact ad-
ministrator may enter into supplementary agreements with appro-
priate State officials for the purpose of administering the compact. 
(d) Subject to the approval of the Commissioner, the compact ad-
ministrator may make or arrange for any payments necessary to dis-
charge any financial obligations imposed upon the District of Columbia 
by the compact or by any supplementary agreement entered into under 
subsection (c) of this section. 
ENFORCEMENT 
SEC. 404. The courts, departments, agencies, and officers of the 
District of Columbia shall enforce the compact and shall take such 
action as may be necessary to carry out the purposes and intent of the 
compaiot which may be within their respective jurisdictions. 
CONSTRUCTION OF COMPACT 
SEC. 405. The compact shall not be construed to prohibit the adop-
tion of any other plan or procedure for the District of Columbia for 
the return of any runaway juvenile. 
CONGRESSIONAL 
AUTHORITY 
SEC. 406. The right to alter, amend, or repeal this title is expressly 
reserved by the Congress. 
TITLE V—LEGAL ASSISTANCE FOR OFFICERS OR MEM-
BERS OF T H E METROPOLITAN POLICE DEPARTMENT 
IN ACTIONS FOR WRONGFUL ARREST 
EEGAL ASSISrANCE FOR POLICE I N WRONGFUL ARREST ACTIONS 
SEC. 501. (a) In accordance with regulations prescribed by the 
Council of the District of Columbia, the Corporation Counsel of the 
District of Columbia shall represent any officer or member of the 
Metropolitan Police Department, if he so requests, in any civil action 
for damages resulting from an alleged wrongful arrest by such officer 
or member. 
(b) If the Corporation Counsel fails or is unable to represent such 
officer or member when requested to do so, the Commissioner of the 
District of Columbia shall compensate such officer or member for rea-
sonable attorney's fees (as determined by the court) incurred by him 
in his defense of the action against him. 
EFFECTIVE DATE 
SEC 502. The amendments made by this title shall take effect with 
respect to civil actions in the United States District Court for the Dis-
trict of Columbia or any District of Columbia court brought after the 
date of enactment of this Act against a member or officer of the 
Metropolitan Police Department for damages resulting from an 
alleged wrongful arrest by such officer or member. 
84 STAT. ] 
PUBLIC L
A
W 91-358-JULY 29, 1970 
667 
TITLE VI—ABOLITION OF COMMISSION ON KEVISION 
OF THE CKIMINAL LAWS OF THE DISTKICT OF 
COLUMBIA 
ABOLITION OP COMMISSION 
SEC. 601. Title IX of the Act entitled "An Act relating to crime and 
criminal procedure in the District of Columbia", approved Decem-
ber 27, 1967 (Public Law 90-226), is repealed. 
si ^'^'' ^42. 
D.C« Code 
22-1122. 
TITLE VII—FEDERAL PAYMENT AUTHORIZATION 
FEDERAL PAYMENT AUTHORIZATION 
SEC. 701. For the fiscal year ending June 30,1971, there are author-
ized to be appropriated to the District of Columbia, in addition to any 
other amounts authorized to be appropriated to the District of Colum-
bia for such fiscal year, the following amounts: 
(1) Not to exceed $3,010,000 for the reorganization of the District 
of Columbia court system and the District of Columbia Legal Aid 
Agency provided by titles I and III of this Act. 
^nfe, P. 475, 
(2) Not to exceed $580,000 for facilities for the increased number ^^'^' 
of court personnel authorized by this Act to be added to the District 
of Columbia court system. 
(3) Not to exceed $350,000 for the expansion of the District of 
Columbia Bail Agency required to carry out the purposes of chapter 
13 of title 23 of the District of Columbia Code (as provided in title II 
of t h i s A c t ) . 
Ante, p. 639. 
(4) Not to exceed $1,060,000 (plus any amounts not appropriated 
under paragraph (1), (2), or (3)) for any other purpose of this Act 
and for study, prevention, and treatment programs relating to drug 
users (as defined in section 3 of the Hospital Treatment for Drug 
Addicts for the District of Columbia (D.C. Code, sec. 24-602)) in the 7
o stat. 609, 
District of Columbia. 
TITLE VIII—MISCELLANEOUS 
POLICE MUTUAL AID 
SEC. 801. The first section of the Act of October 17,1968 (Public Law 
90-587; D.C. Code, sec. 1-820), is amended by striking out all after 
^^ stat. 1150. 
"equipment" and inserting in lieu thereof a period. 
REPEAL OF KITE FLYING PROHIBITION 
SEC. 802. Section 4 of the Act of Juljr 29, 1892 (27 Stat. 322; D.C. 
Code, sec. 22-1117), is amended by striking out "set up or fly any 
kite, or". 
TITLE IX—EFFECTIVE DATE 
EFFECTIVE DATE 
SEC. 901. (a) Except as provided in part E of title I, section 502, ^"te. p. 59: 
and subsection (b) of this section, this Act and the amendments made ^^^* 
by this Act shall take effect on the first day of the seventh calendar 
month which begins after the date of its enactment. 
668 
PUBLIC LAW 91-359-JULY 31, 1970 
[84 STAT. 
Ante, p. 654. 
Ante, pp. 657, 
667. 
Ante, p. 598. 
(b) (1) Title 111 shall take elfect on the date of the eiiactnient of 
this Act. In the administration of section ;^()8(b) of title I I I during 
the period beginning on tlie date of the enactment of this Act and 
ending on the elective date specified in subsection (a), the reference 
to tlie Superior (^ourt of tlie District of Columbia shall be considered 
a reference to the District of Columbia Court of (General Sessions. 
(2) Titles lA^ Yl, VII, and ^'III shall take effect on the date of 
the enactment of this Act. 
(3) The amendments made by sections 201 and 20.5 of this Act shall 
apply with respect to any person who commits an oifense after the 
eft'ectiA^e date of this Act. 
Approved July 29, 1970. 
"
- rviaMY/M jAii/aiai: 
July 31,1970 
[H. R. 14452] 
Public Law 91-359 
AN ACT 
To provide for the designation of special policemen at the Government Printing 
Office, and for other purposes. 
G.P.O, 
Special police-
men, designation. 
82 Stat. 1239. 
44 u s e 301-316. 
Be it enacted by the Senate and House of Representatives 
of the 
United /States of America in Congress assembled, That chapter 3 of 
title 44, L^nited States Code, is amended by adding at the end thereof 
the following new section: 
"§ 317. Special policemen 
"The Public Printer or his delegate may designate employees of the 
Government Printing Ofl&ce to serve as special policemen to protect 
l>ersons and property in premises and adjacent areas occupied by or 
under the control of the Grovernment Printing Office. Under regulations 
to be presci'ibed by the Public Printer, employees designated as special 
l^olicemen are authorized to bear and use arms in the performance of 
their duties; make arrest for violations of laws of the United States, 
the several States, and the District of Columbia; and enforce the regu-
lations of the Public Printer, including the removal from Government 
Printing Office premises of individuals w^ho violate such regulations. 
The jurisdiction of special policemen in premises occupied by or under 
the control of the Government Printing Office and adjacent areas shall 
be concurrent Avith the jurisdiction of the respective law enforcement 
agencies wfhere the premises are located." 
(b) The table of sectipns of chapter 3 of title 44, United States 
Code, is amended by adding at the end thereof: 
"317. Special policemen.". 
4 10 a« Fiaa 
Approved July 31, 1970. 
July 31, 1970 
[S, 3889] 
Public Law 91-360 
AN ACT 
To amend section 14(b) of the Federal Reserve Act, as amended, to extend for 
one year the authority of Federal Reserve banks to purchase United States 
obligations directly from the Treasury. 
Federal Reserve 
Act, amendment. 
61 Stat. 56; 
62 Stat. 113. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That section 14(b) 
of the Federal Reserve Act, as amended (12 U.S.C. 355), is amended 
by striking out "July 1, 1970" and inserting in lieu thereof "July 1, 
1971" and by striking out "Jime 30,1970" and inserting in lieu thereof 
"June 30, 1971". 
Approved July 31, 1970.