An Act relating to crime and criminal procedure in the District of Columbia
PL 90-226 (H.R.10783), enacted 12/27/1967

734 
PUBLIC LAW 90-226-DEC. 27, 1967 
[81 STAT. 
68A Stat. 113. 
78 Stat. 859. 
Effective date. 
(3) by inserting after paragraph 
(3) the following new 
paragraph: 
" (1) any distribution after December 31,1966, of the stock of a 
controlled corporation to which section 355 applies, if such dis-
tribution is made to a corporation which immediately after the 
distribution is in control (within the meaning of section 368(c)) 
of both the distributing corpor^ition and such controlled corpora-
tion and if such controlled corporation is a life insurance company 
of which the distributing corporation has been in control at all 
times since December 31,1957." 
(b)(1) The next to last sentence of section 815 (f) is amended— 
(A) by striking out "Paragraph (3) shall not" and inserting in 
lieu thereof "Neither paragraph (3) nor paragraph (4) shall"; 
and 
(B) by striking out "subparagraph (B) of such paragraph" 
and inserting in lieu thereof "paragraph (3) (B)". 
(2) The last sentence of section 815(f) is amended by striking out 
"paragraph (3) also" and inserting in lieu thereof "paragraphs (3) 
and (4) also". 
(c) The amendments made by this section shall apply to taxable 
years beginning after December 31,1966. 
Approved December 27, 1967. 
December 27, 1967 
[H. R. 10783] 
Public Law 90-226 
AN ACT 
Relating to crime and criniinal procedure in the District of Columbia. 
District of 
Columbia. 
Crime and crim-
inal procedure. 
Arrests 
warrant. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemhled, 
TITLE I 
SEC. 101. Section 397 of the Revised Statutes of the United States, 
relating to the District of Columbia (D.C. Code, sec. 4-140), is 
amended to read as follows: 
"SEC. 397. (a) An officer or member of the Metropolitan Police force 
may arrest without a warrant and take into custody any person who 
commits, or threatens or attempts to commit, in the presence of, or 
within the view of, such officer or member any breach of the peace or 
otfense directly prohibited by an Act of Congress or by any other law^ 
in force in the District. 
"(b) An officer or member of the Metropolitan Police force may 
arrest a person without a warrant if he has probable cause to believe 
that such person (1) has committed or is about to commit any offense 
listed in subsection (c) of this section, and (2) unless immediately 
arrested, may not be apprehended, may cause injury to others or dam-
age to property, or may tamper with, dispose of, or destroy evidence. 
81 STAT.] 
PUBLIC LAW 90-226-DEC. 27, 1967 
735 
"(c) The offenses referred to in subsection (b) of this section are— 
" (1) those offenses specified in the following sections of the Act 
of March 3, 1901: Section 806 (relating to assault) (D.C. Code, 
sec. 22-504), section 824 (relating to unlawful entry) (D.C. Code, 
sec. 22-3102), and section 829 (relating to receiving stolen goods) 
(D.C. Code, sec. 22-2205) ; and 
"(2) attempts to commit the offenses specified in the following 
sections of the Act of March 3,1901: Section 823 (relating to house-
breaking) (D.C. Code, sec. 22-1801), section 826 (relating to 
grand larceny) (D.C. Code, sec. 22-2201), and section 826b (relat-
ing to unauthorized use of vehicles) (D.C. Code, sec. 22-2204)." 
T I T L E I I 
SEC. 201. Section 927 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 adding at the end thereof the follow-
ing new subsections: 
"(i) When a person has been ordered confined in a hospital for the 
mentally ill pvirsuant to this section and has escaped from such hos-
pital, the court which ordered confinement shall, upon request of the 
Government, order the return of the escaped person to such hospital. 
The return order shall be effective throughout the United States. Any 
Federal judicial officer within whose jurisdiction the escaped person 
shall be found shall, upon receipt of the return order issued by the 
committing court, cause such person to be apprehended and delivered 
up for return to such hospital. 
"(j) Insanity shall not be a defense in any criminal proceeding in 
the United States District Court for the District of Columbia or in the 
District of Columbia court of general sessions, unless the accused or 
his attorney in such proceeding, at the time the accused enters his plea 
of not guilty or within fifteen days thereafter or at such later time as 
the court may for good cause permit, files with the court and serves 
upon the prosecuting attorney written notice of his intention to rely on 
such defense." 
Offenses. 
31 Stat. 1322. 
66 Stat. 766. 
67 Stat. 93. 
Post, 
p. 736. 
50 Stat. 628. 
37 Stat. 656. 
Insane criminals. 
69 Stat. 609. 
TITLE I I I 
SEC. 301. (a) Any person arrested in the District of Columbia may ti,^7c,f quesUon-
be questioned with respect to any matter for a period not to exceed ing. 
three hours immediately following his arrest. Such person shall be iiJ^''*"'^°"'" 
advised of and accorded his rights under applicable law respecting any 
such interrogation. In the case of any such arrested person who is re-
leased w'ithout being charged with a crime, his detention shall not be 
recorded as an arrest in any official record. 
(b) Any statement, admission, or confession made by an arrested 
person within three hours immediately following his arrest shall not 
85-622 0-68—49 
736 
PUBLIC LAW 90-226-DEC. 27, 1967 
[81 STAT. 
Obstruction of 
justice. 
31 Stat. 1330. 
'•Criminal in-
vestigation." 
"Investigator. 
"Crime of vio-
lence," inclusion-
of robbery. 
47 Stat. 650. 
Criminal penal-
ties. 
Assault. 
31 Stat. 1321. 
Burglary. 
31 Stat. 1323. 
be excluded from evidence in the courts of the District of Columbia 
solely because of delay in presentment. 
TITLE IV 
SEC. 401. Section 862 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 22-703), is amended to read as follows: 
"SEC. 862. (a) Whoever corruptly, by threats or force, endeavors 
to influence, intimidate, or impede any juror, witness, or officer in 
any court in the District in the discharge of his duties, or, by threats 
or force, in any other way obstructs or impedes or endeavors to ob-
struct or impede the due administration of justice therein, or whoever 
willfully endeavors by means of bribery, misrepresentation, intimida-
tion, or force or threats of force, to obstruct, delay, or prevent the 
communication to an investigator of the District of Columbia govern-
ment by any person of information relating to a violation of any 
criminal statute in effect in the District of Columbia, or injures any 
person or his property on account of the giving by such person or 
by any other person of such information to any such investigator in 
the course of the conduct of any criminal investigation, shall be fined 
not more than $1,000 or be imprisoned not more than three years, 
or both. 
"(b) As used in this section, the term 'criminal investigation' means 
an investigation relating to a violation of any criminal statute in 
effect in the District of Columbia, and the term 'investigator' means 
an individual duly authorized by the Commissioner or his designated 
agent to conduct or engage in such an investigation." 
TITLE V 
SEC. 501. The definition of "crime of violence" contained in section 
1 of the Act entitled "An Act to control the possession, sale, transfer, 
and use of pistols and other dangerous weapons 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. 22-3201), 
is amended by inserting immediately after "burglary," the following: 
"robbery,". 
TITLE VI 
SEC. 601. Section 803 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. 22-501), is amended by inserting immediately after "for 
not" the following: "less than two years or". 
SEC. 602. Section 823 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. 22-1801), is amended to read as follows: 
"SEC. 823. BURGLARY.—(a) Whoever shall, either in the nighttime 
or in the daytime, break and enter, or enter without breaking, any 
81 STAT.] 
PUBLIC LAW 90-226-DEC. 27, 1967 
737 
dwelling, or room used as a sleeping apartment in any building, with 
intent to break and carry away any part thereof, or any fixture or 
other thing attached to or connected thereto or to commit any criminal 
offense, shall, if any person is in any part of such dwelling or sleeping 
apartment at the time of such breaking and entering, or entering with-
out breaking, be guilty of burglary in the first degree. Burglary in the 
first degree shall be punished by imprisonment for not less than five 
years nor more than thirty years. 
"(b) Except as provided in subsection (a) of this section, whoever 
shall, either in the night or in the daytime, break and enter, or enter 
without breaking, any dwelling, bank, store, warehouse, shop, stable, 
or other building or any apartment or room, whether at the time oc-
cupied or not, or any steamboat, canalboat, vessel, or other watercraft, 
or railroad car or any yard where any lumber, coal, or other goods or 
chattels are deposited and kept for the purpose of trade, with intent to 
break and carry away any part thereof or any fixture or other thing 
attached to or connected with the same, or to commit any criminal 
offense, shall be guilty of burglary in the second degree. Burglary in 
the second degree shall be punished by imprisonment for not less than 
two years nor more tlian fifteen years." 
SEC. 603. Section 810 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. 22-2901), is amended by striking out "six months" and in-
serting in lieu thereof "two years". 
SEC. 604. Section 869e 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. 22-1513), is amended by adding the following new subsec-
tion at the end thereof: 
"(f) Nothing in this section shall be construed to prohibit the giv-
ing or offering of any bonus or extra compensation to any manager, 
coach, or professional player, or to any league, association, or confer-
ence for the purpose of encouraging such manager, coach, or player to 
a higher degree of skill, ability, or diligence in the performance of his 
duties." 
SEC. 605. Section 2 of the Act entitled "An Act to control the posses-
sion, sale, transfer, and use of pistols and other dangerous weapons 
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. If any person shall commit a crime of violence in the Dis-
trict of Columbia when armed with or having readily available any 
pistol or other firearm, or other dangerous or deadly weapon, including 
but not limited to, sawed-off shotgun, shotgun, machinegun, rifle, dirk, 
bowie knife, butcher knife, switchblade knife, razor, blackjack, billy, 
metallic or other false knuckles, he may in addition to the punishment 
provided for the crime be punished by imprisonment for an indeter-
minate number of years up to life as determined by the court. If a per-
son is convicted more than once of having committed a crime of 
violence in the District of Columbia when armed with or having read-
ily available any pistol or other firearm, or other dangerous or deadly 
weapon, including but not limited to, sawed-off shotgun, shotgun, ma-
chinegun, rifle, dirk, bowie knife, butcher knife, switchblade knife, 
razor, blackjack, billy, metallic or other false knuckles, then, notwith-
standing any other provision of law, the court shall not suspend his 
sentence or give him a probationary sentence." 
SEC. 606. Section 872 of the Act entitled "An Act to establish a code 
of law for the District of Columbia", approved Mareh 3, 1901 (D.C. 
Code, sec. 22-2001), is amended to read as follows: 
Robbery. 
31 Stat. 13 22. 
Athletic con-
tests. 
61 Stat. 313. 
Crimes while 
armed. 
47 Stat. 650. 
Obscenity. 
31 Stat. 1332. 
738 
PUBLIC LAW 90-226-DEC. 27, 1967 
[81 STAT. 
Confiscation of 
materials. 
Minors. 
"SEC. 872. OBSCENITY.—(a) (1) It shall be unlawful in the District 
of Columbia for a person knowingly— 
"(A) to sell, deliver, distribute, or provide, or offer or agree 
to sell, deliver, distribute, or provide any obscene, indecent, or 
filthy writing, picture, sound recording, or other article or 
representation; 
"(B) to present, direct, act in, or otherwise participate in the 
preparation or presentation of, any obscene, indecent, or filthy 
play, dance, motion picture, or other performance; 
" (C) to pose for, model for, print, record, compose, edit, write, 
publish, or otherwise participate in preparing for publication, ex-
hibition, or sale, any obscene, indecent, or filthy writing, picture, 
sound recording, or other article or representation; 
"(D) to sell, deliver, distribute, or provide, or offer or agree to 
sell, deliver, distribute or provide any article, thing, or device 
which is intended for or represented as being for indecent or 
immoral use; 
"(E) to create, buy, procure, or possess any matter described in 
the preceding subparagraphs of this paragraph with intent to 
disseminate such matter in violation of this subsection; 
"(F) to advertise or otherwise promote the sale of any matter 
described in the preceding subparagraphs of this paragraph; or 
"(G) to advertise or otherwise promote the sale of material 
represented or held out by such person to be obscene. 
"(2) (A) For purposes of subparagraph (E) of paragraph (1) of 
this subsection, the creation, purchase, procurement, or possession of 
a mold, engraved plate, or other embodiment of obscenity specially 
adapted for reproducing multiple copies or the possession of more 
than three copies, of obscene, indecent, or filthy material shall be 
prima facie evidence of an intent to disseminate such material in viola-
tion of this subsection. 
"(B) For purposes of paragraph (1) of this subsection, the term 
'knowingly' means having general knowledge of, or reason to know, 
or a belief or ground for oelief which warrants further inspection or 
inquiry of, the character and content of any article, thing, device, 
performance, or representation described in paragraph (1) of this 
subsection which is reasonably susceptible of examination. 
"(3) When any person is convicted of a violation of this subsection, 
the court in its judgment of conviction may, in addition to the penalty 
prescribed, order the confiscation and disposal of any materials de-
scribed in paragraph (1), which were named in the charge against 
such person and which were found in the possession or under the 
control of such person at the time of his arrest. 
"(b) (1) It shall be unlawful in the District of Columbia for any 
person knowingly— 
"(A) to sell, deliver, distribute, or provide, or offer or agree 
>
' to sell, deliver, distribute, or provide, to a minor— 
"(i) any picture, photograph, drawing, sculpture, motion 
picture film, or similar visual representation or image of a 
person or portion of the human body, which depicts nudity, 
sexual conduct, or sado-fnasochistic abuse and which taken 
as a whole is patently offensive because it affronts prevailing 
standards in the adult community as a whole with respect to 
what is suitable material for minors; or 
" (ii) any book, magazine, or other printed matter however 
reproduced or sound recording, which depicts nudity, sexual 
conduct, or sado-masochistic abuse or which contains explicit 
and detailed verbal descriptions or narrative accounts of sex-
ual excitement, sexual conduct, or sado-masochistic abuse and 
81 STAT.] 
PUBLIC LAW 90-226-DEC. 27, 1967 
739 
which taken as a whole is patently offensive because it af-
fronts prevailing standards in the adult community as a 
whole with respect to what is suitable material for minors; or 
"(B) to exhibit to a minor, or to sell or provide to a minor an 
admission ticket to, or pass to, or to admit a minor to, premises 
whereon there is exhibited, a motion picture, show, or other presl-
entation which, in whole or in part, depicts nudity, sexual con-
duct, or sado-masochistic abuse and which taken as a whole is 
patently offensive because it affronts prevailing standards in the 
adult community as a whole with respect to what is suitable ma-
terial for minors. 
Definitions 
"(2) For purposes of paragraph (1) of this subsection: 
" (A) The term 'minor^means any person under the age of seventeen 
years. 
"(B) The term 'nudity' includes the showing of the human male 
or female genitals, pubic area or buttocks with less than a full opaque 
covering, or the showing of the female breast with less than a full 
opaque covering of any portion thereof below the top of the nipple, or 
the depiction of covered male genitals in a discermbly turgid state; 
"(C) The term 'sexual conduct' includes acts of sodomy, masturba-
tion, homosexuality, sexual intercourse, or physical contact with a per-
son's clothed or unclothed genitals, pubic area, buttocks, or, if such 
person be a female, breast. 
" (D) The term 'sexual excitement' includes the condition of human 
male or female genitals when in a state of sexual stimulation or 
arousal. 
"(E) The term 'sado-masochistic abuse' includes flagellation or 
torture by or upon a person clad in undergarments or a mask or 
bizarre costume, or the condition of being fettered, bound, or other-
wise physically restrained on the part of one so clothed. 
"(F) The term 'knowingly' means having a general knowledge 
of, or reason to know, or a belief or ground for belief which warrants 
further inspection or inquiry or both of— 
"(i) the character and content of any material described in 
paragraph (1) of this subsection which is reasonably susceptible 
of exammation by the defendant; and 
" (ii) the age of the minor. 
"(c) It shall be an affirmative defense to a charge of violating sub-
section (a) or (b) of this section that the dissemination was to institu-
tions or individuals having scientific, educational, or other special 
justification for possession of such material. 
"(d) Nothing in this section shall apply to a licensee under the 
Communications Act of 1934 while engaged in activities regulated 
f^ l^^^ ^^.^'^• 
pursuant to such Act. 
"(e) A person convicted of violating subsection (a) or (b) of this 
Penalties. 
section shall for the first offense be fined not more than $3,000 or im-
prisoned not more than one year, or both. A person convicted of a sec-
ond or subsequent offense under subsection (a) or (b) of this section 
shall be fined not less than $1,000 nor more than $5,000 or imprisoned 
not less than six months or more than three years, or both." 
SEC. 607. Section 825a of the Act entitled "An Act to establish a 
Explosives. 
code of law for the District of Columbia", approved March 3, 1901 
(D.C. Code, sec. 22-3105), is amended by striking out "or by imprison- 
^^ ^*^*- i"". 
ment not exceeding ten years." and inserting in lieu thereof the fol-
lowing: "and by imprisonment for not less than two years or more 
than ten years.". 
SEC. 608. Whoever shall make or cause to be made to the Metro- ^f^f^* reports to 
politan Police force of the District of Columbia, or to any officer or ^° '''°' 
member thereof, a false or fictitious report of the commission of any 
Scientific insti-
tutions, etc. 
Ante, p. 734. 
740 
PUBLIC LAW 90-226-DEC. 27, 1967 
[81 STAT. 
criminal offense within the District of Columbia, or a false or fictitious 
report of any other matter or occurrence of which such Metropolitan 
Police force is required to receive reports, or in connection with which 
such Metropolitan Police force is required to conduct an investigation, 
knowing such report to be false or fictitious; or who shall communicate 
or cause to be communicated to such Metropolitan Police force, or any 
officer or member thereof, any false information concerning the com-
mission of any criminal offense within the District of Columbia or 
concerning any other matter or occurrence of which such Metro-
politan Police force is required to receive reports, or in connection with 
which such Metropolitan Police force is required to conduct an in-
vestigation, knowing such information to be false, shall be punished 
by a fine of not exceeding $300 or by imprisonment not exceeding 
thirty days. 
TITLE VII 
Citations. 
gj,(.^ 701. Section 10 of the Act of March 3, 1933 (D.C. Code, sec. 
47 Stat. 1485. 
23-610), is amended by inserting " ( a ) " immediately after "SEC. 10.", 
and by adding the following new subsections: 
"(b) An officer or member of the Metropolitan Police force who, in 
accordance with section 397 of the Revised Statutes of the United 
States, relating to the District of Columbia, arrests without a warrant 
a person for committing a misdemeanor may, instead of taking him 
into custody, issue a citation requiring such person to appear before 
an official of the Metropolitan Police force designated under sub-
section (a) of this section to act as a clerk of the District of Columbia 
Court of General Sessions. 
"(c) Whenever a person is arrested without a warrant for commit-
ting a misdemeanor and is booked and processed pursuant to law, an 
official of the Metropolitan Police force designated under subsection 
(a) of this section to act as a clerk of the District of Columbia Court 
of General Sessions may issue a citation to him for an appearance in 
court or at some other designated place, and release him from custody. 
"(d) No citation may be issued under subsection (b) or (c) of this 
section 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 property and that he will make an appearance in answer 
to the citation. 
"(e) Whoever willfully fails to appear as required in a citation, 
shall be fined not more than the maximum provided for the mis-
demeanor for which such citation was issued or imprisoned for not 
more than one year, or both. Prosecution under this subsection shall 
be by the prosecuting officer responsible for prosecuting the offense 
for which the citation is issued." 
°:^;,P^" 
SEC. 702. (a) Section 2 of the Act entitled "An Act to establish the 
District of Columbia Bail Agency, and for other purposes" approved 
July 26,1966 (80 Stat. 327) is amended to read as follows: 
"SEC. 2. There is hereby created for the District of Columbia the 
District of Columbia Bail Agency (hereinafter referred to as the 
'agency') which shall secure pertinent data and provide for any 
judicial officer in the District of Columbia or any officer or member of 
the Metropolitan Police force issuing citations, reports containing 
verified information concerning any individual with respect to whom 
a bail or citation determination is to be made." 
(b) (1) Section 4 of such Act is amended by redesignating subsec-
tions (d) and (e) as subsections (e) and (f), respectively, and by 
inserting the following new subsection after subsection (c) : 
"(d) The agency, when requested by a member or officer of the 
Metropolitan Police force acting pursuant to court rules governing 
Agency. 
D.C. Code 23 
901. 
D.C. Code 23 
903. 
81 STAT.] 
PUBLIC LAW 90-2S6-DEC. 27, 1967 
741 
the issuance of citations in the District of Columbia, sliall furnish to 
such member or officer a report as provided in subsection (a)." 
(2) The second sentence of subsection (f) of such section 4 (as so 
redesi^ated by paragraph (1) of this subsection) is amended by 
inserting ", including requiring the execution of a bail bond with suf-
ficient solvent sureties," immediately after "such conditions''. 
TITLE VIII 
Youth offenders. 
66 Stat. 45. 
SEC. 801. (a) Section 5024 of title 18, United States Code, is 
amended by striking out ", and to youth offenders convicted in the 
District of Columbia of offenses under any law of the United States 
not applicable exclusively to such District and to other youth offenders 
convicted in the District to the extent authorized under section 5025." 
and inserting in lieu thereof the following: "and in the District of 
Columbia." 
(b) Section 5025 of such title is amended to read as follows: 
^^ ^*^*- ''^• 
*'§5025. Applicability to the District of Columbia 
"(a) The Commissioner of the District of Columbia is authorized 
to provide facilities and personnel for the treatment and rehabilita-
tion of youth offenders convicted of violations of any law of the United 
States applicable exclusively to the District of Columbia or to contract 
with the Director of the Bureau of Prisons for their treatment and 
rehabilitation, the cost of which may be paid from the appropriation 
for the District of Columbia. 
"(b) When facilities of the District of Columbia are utilized by the 
Attorney General for the treatment and rehabilitation of youth of-
fenders convicted of violations of laws of the United States not appli-
cable exclusively to the District of Columbia, the cost shall be paid 
from the 'Appropriation for Support of United States Prisoners'. 
"(c) All youth offenders committed to institutions of the District 
of Columbia shall be under the supervision of the Commissioner of 
the District of Columbia, and he shair provide for their maintenance, 
treatment, rehabilitation, supervision, conditional release, and dis-
charge in conformity with the objectives of this chapter." 
(c) The table of sections of chapter 402 of such title is amended by 
striking out the item relating to section 5025 and inserting in lieu 
thereof the following: 
"5025. Applicability to the District of Columbia." 
SEC. 802. Section 4122 of title 18, United States Code, is amended— i„dus?rifs""^°" 
(1) by inserting in subsection (d) "(1)" immediately after '"6rstatr'722. 
"(d)", 
(2) by amending subsection (e) by striking out "(e)" and in-
serting m lieu thereof "(2)", and by striking out "subsection (d) 
of this section" and inserting in lieu thereof "paragraph (1) of 
this subsection", and 
^3) by adding at the end the following new subsection: 
"(e) (1) The provisions of this chapter shall apply to the industrial 
employment and training of prisoners confined in any penal or cor-
rectional institution under the direction of the Commissioner of the 
District of Columbia to the extent and under terms and conditions 
agreed upon by the Commissioner, the Attorney General, and the 
Board of Directors of Federal Prison Industries. 
"(2) The Commissioner of the District of Columbia may, without 
exchange of funds, transfer to the Federal Prison Industries any 
property or equipment suitable for use in performing the functions 
and duties covered by an agreement entered into under subsection 
(e) (1) of this section. 
742 
PUBLIC LAW 90-226-DEC. 27, 1967 
[81 STAT. 
78 Stat. 1000. 
Witness fees. 
77 Stat. 536. 
Riot. 
Penalties. 
"(3) Nothing in this chapter shall be construed to affect the pro-
visions of the Act approved October 3, 1964 (D.C. Code, sections 
24-451 et seq.), entitled 'An Act to establish in the Treasury a correc-
tional industries fund for the government of the District of Columbia, 
and for other purposes.' " 
SEC. 803. (a) Section 15-714(a) of the District of Columbia Code 
is amended to read as follows: 
"(a) The fees and travel allowances to be paid any witness attend-
ing in a criminal case in the District of Columbia Court of General 
Sessions shall be the same as those paid to witnesses who attend 
before the United States District Court for the District of Columbia." 
(b) Section 15-716 of the District of Columbia Code is amended 
by striking "not exceeding $500 at any one time,". 
TITLE I X 
SEC. 901. (a) A riot in the District of Columbia is a public disturb-
ance involving an assemblage of five or more persons which by tumul-
tuous and violent conduct or the threat thereof creates grave danger of 
damage or injury to property or persons. 
(b) Whoever willfully engages in a riot in the District of Columbia 
shall be punished by imprisonment for not more than one year or a fine 
of not more than $1,000, or both. 
(c) Whoever willfully incites or urges other persons to engage in 
a riot shall be punished by imprisonment for not more than one year 
or a fine of not more than ^1,000, or both. 
(d) If in the course and as a result of a riot a person suffers serious 
bodily harm or there is property damage in excess of $5,000, every per-
son who willfully incited or urged others to engage in the riot shall be 
punished by imprisonment for not more than ten years or a fine of not 
more than $10,000, or both. 
TITLE X 
SEC. 1001. CREATION or COMMISSION.—The Commission on Revision 
of the Criminal Laws of the District of Columbia is hereby established. 
SEC. 1002. MEMBERSHIP OF COMMISSION.—The Commission shall be 
composed of eleven members, as follows: 
(1) Two Members of the Senate appointed by the President of 
the Senate; 
(2) Two Members of the House of Representatives appointed 
by the Speaker of the House of Representatives; 
(3) Four members appointed by the Commissioner of the Dis-
trict of Columbia one of whom the Commissioner shall designate 
as Chairman; 
(4) (a) One circuit judge appointed by the Chief Judge of the 
United States Court of Appeals for the District of Columbia 
Circuit; 
(b) One district judge appointed by the Chief Judge of the 
United States District Court for the District of Columbia; and 
(c) One general sessions judge appointed by the Chief Judge of 
the District of (Columbia Court of General Sessions. 
SEC. 1003. FUNCTIONS OF THE COMMISSION.—The Commission shall 
make a full and complete review and study of the statutory and case 
law applicable in the District of Columbia for the purpose of formu-
lating and recommending to the Congress a revised code of criminal 
law and procedure for the District of Columbia. The Commission shall 
include in its recommendations proposals for the repeal of unneces-
sary or undesirable statutes and such changes in the penalty structure 
as the Commission may feel will better serve the ends of justice. 
81 STAT.] 
PUBLIC LAW 90-226-DEC. 27, 1967 
743 
SEC. 1004. 
COMPENSATION OF MEMBERS OF THE COMMISSION.—(a) 
Members of Congress and members of the executive and judicial 
branches of the Federal or District of Columbia governments who are 
members of the Commission shall serve without compensation in addi-
tion to that received for their services in such other branch of govern-
ment; but they shall be reimbursed for travel, subsistence, and other 
necessary expenses incurred by them in the performance of duties 
vested in the Commission. 
(b) Members from private life shall each receive $100 per diem 
when engaged in the actual performance of duties vested in the Com-
mission, plus reimbursement for travel, subsistence, and other neces-
sary expenses incurred by them in the performance of such duties. 
SEC. 1005. ADVISORY COMMITTEE.—(a) The Commission shall have 
the power to appoint an advisory committee, the functions of which 
shall include advising, counseling, proffering to the Commission ap-
propriate recommendations, and the performance of such other func-
tions, not inconsistent with the purposes of this title, as may be as-
signed to it by the Commission. 
(b) Members of the advisory committee shall not be deemed to be 
officers or employees of the United States by virtue of such service and 
shall receive no compensation, but shall be reimbursed for travel, sub-
sistence, and other necessary expenses incurred by them by virtue of 
such service to the Commission. 
SEC. 1006. STAFF OF THE COMMISSION.—The Chairman of the Com-
mission is authorized to appoint and fix the compensation of such per-
sonnel as he deems necessary to carry out the Commission's functions. 
He is also authorized to procure services to the same extent as is author-
ized for the executive departments by section 3109 of title 5, United 
States Code, at rates not to exceed $100 per diem for individuals. 
8° s*^*- ^^^6-
SEC. 1007. COOPERATION BY DEPARTMENT AND AGENCIES.—The Com-
mission is authorized to request from any department, agency, or in-
dependent instrumentality of the Government any information and 
assistance it deems necessary to carry out its functions under this 
title; and each such department, agency, or instrumentality is author-
ized to cooperate with the Commission and, to the extent permitted 
by law, to furnish such information and assistance to the Commission 
upon request made by the Chairman or any other member Avhen acting 
as Chairman. 
SEC. 1008. REPORT OF THE COMMISSION; TERMINATION.—The Com-
mission shall submit interim reports to the Commissioner of the Dis-
trict of Columbia and the Congress at such times as the Commission 
may deem appropriate, and in any event within two years after the date 
of this enactment, and shall submit its final report within three years 
after the date of enactment. The Commission snail cease to exist sixty 
days after the date of the submission of its final report. 
SEC. 1009. AUTHORIZED APPROPRIATION.—There is hereby authorized 
to be appropriated to the District of Columbia out of any money in the 
Treasury not otherwise appropriated such sum, not to exceed $150,000, 
as may be necessary to carry out the purposes of this title. 
TITLE X I 
SEC. 1101. Whoever, prior to the date of enactment of this Act, com- 
Applicability o
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penalties. 
mits any act or engages m any conduct which constitutes an offense 
under provision of law amended by this Act, shall be sentenced in ac-
cordance with the law in effect on the date he commits such acts or 
engages in such conduct. 
744 
PUBLIC LAW 90-227-DEC. 27, 1967 
[81 STAT. 
Separability 
clause. 
SEC. 1102. If any provision of or any amendment made by this Act 
or the application thereof to any person or circimistance is held in-
valid, the other provisions of or other amendments made by this Act 
and the apj)lication of such provisions and amendments to other 
persons or circumstances shall not be affected thereby. 
Approved December 27, 1967, 3:05 p.m. 
Public Law 90-227 
December 27, 1967 
AN A C T 
[H. R. 10964] 
PJIQ enable the District of Columbia to receive Federal financial assistance under 
title XIX of the Social Security Act for a medical assistance program, and for 
other purposes. 
District of 
Columbia, medical 
assistance pro-
gram. Federal aid. 
79 Stat. 343. 
42 u s e 1396. 
Establishment. 
Definitions. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assenibled^ That (a) the Com-
missioner of the District of Columbia (hereafter in this Act referred 
to as the "Commissioner") may submit under title X I X of the Social 
Security Act to the Secretary of Health, Education, and Welfare 
(hereafter in this Act referred to as the "Secretary") a plan for medi-
cal assistance (and any modifications of such plan) to enable the Dis-
trict of Columbia to receive Federal financial assistance under such 
title for a medical assistance program established by the Commis-
sioner under such plan. 
(b) (1) Notwithstanding any other provision of law, the Commis-
sioner may take such action as may be necessary to submit such plan 
to the Secretary and to establish and carry out such medical assistance 
program, except that in prescribing the standards for determining 
eligibility for and the extent of medical assistance under the District 
of Columbia's plan for medical assistance, the Commissioner may not 
(except to the extent required by title X I X of the Social Security 
Act)— 
(A) prescribe maximum income levels for recipients of medical 
assistance under such plan which exceed (i) the title X I X maxi-
mum income levels if such levels are in effect, or (ii) the Com-
missioner's maximum income levels for the local medical assist-
ance program if there are no title X I X maximum income levels 
in effect; or 
(B) prescribe criteria which would permit an individual or 
family to be eligible for such assistance if such individual or 
family would be ineligible, solely by reason of his or its resources, 
for medical assistance both under the plan of the State of 
Maryland approved under title X I X of the Social Security Act 
and under the plan of the State of Virginia approved under such 
title. 
(2) For purposes of subparagraph (A) of paragraph (1) of this 
subsection— 
(A) the term "title X I X maximum income levels" means any 
maximum income levels which may be specified by title X I X of 
the Social Security Act for recipients of medical assistance under 
State plans approved under that title; 
(B) the term "the Commissioner's maximum income levels for 
the local medical assistance program" means the maximum income 
levels prescribed for recipients of medical assistance under the 
District of Columbia's medical assistance program in effect in the 
fiscal year ending June 30, 1967; and 
(C) during any of the first four calendar quarters in which 
medical assistance is provided under such plan there shall be