reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 3A - First Amendment Rights and Police Standards › Subchapter I - First Amendment Assemblies › § 5–331.11. Use of handcuffs, plastic cuffs, or other physical restraints on persons arrested in connection with a First Amendment assembly

§ 5–331.11. Use of handcuffs, plastic cuffs, or other physical restraints on persons arrested in connection with a First Amendment assembly.
(a) The MPD shall adhere to the standard set forth in subsection (b) of this section in using handcuffs, plastic cuffs, or other physical restraints on any person arrested in connection with a First Amendment assembly who is being held in custody in the following circumstances:
(1) The arrestee is being held in a police processing center:
(A) To determine whether the arrestee should be released or the method for release;
(B) To determine whether the arrestee should be presented to court; or
(C) Pending presentation to court;
(2) The arrestee is being held in an unsecured processing center, and is not being held in a cell; or
(3) The arrestee is charged solely with one or more misdemeanor offenses, none of which have, as one of their elements, the commission of a violent act toward another person or a threat to commit such an act, or the destruction of property, or a threat to destroy property.
(b) With regard to any person who is being held in custody by the MPD in the circumstances identified in subsection (a) of this section, the MPD shall use handcuffs, plastic cuffs, or other physical restraints only to the extent reasonably necessary, and in a manner reasonably necessary, for the safety of officers and arrestees; provided, that no such person shall be restrained by connecting his or her wrist to his or her ankle, and no such person shall be restrained in any other manner that forces the person to remain in a physically painful position.
(c) Nothing in this section is intended to restrict the otherwise lawful authority of the MPD to use handcuffs, plastic cuffs, or other physical restraints on persons arrested in connection with a First Amendment assembly at the time of or immediately following arrest, while arrestees are being transported to a processing center, or while arrestees are being transported to or from court.
(Apr. 13, 2005, D.C. Law 15-352, § 111, 52 DCR 2296.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 3A - First Amendment Rights and Police Standards › Subchapter I - First Amendment Assemblies › § 5–331.12. Prompt release of persons arrested in connection with a First Amendment assembly

§ 5–331.12. Prompt release of persons arrested in connection with a First Amendment assembly.
(a)(1) The MPD shall promptly process any person arrested in connection with a First Amendment assembly to determine whether the person is eligible for immediate release pursuant to a lawful release option, and shall promptly release any person so eligible who opts for release.
(2) The MPD shall promptly release any person arrested in connection with a First Amendment assembly who, it is subsequently determined, should not be charged with any offense, or as to whom arrest documentation has not been prepared and preserved.
(b)(1) The MPD shall require that an officer holding a supervisory rank document and explain any instance in which a person arrested in connection with a First Amendment assembly who opts for release pursuant to any lawful release option or who is not charged with any offense is not released within 4 hours from the time of arrest.
(2) The MPD shall provide to any person not released within a reasonable time of arrest food appropriate to the person’s health.
(c) The Chief of Police shall issue an annual public report that:
(1) Identifies the number of persons in the preceding year who were arrested in connection with a First Amendment assembly and opted for release pursuant to any lawful release option or were not charged with any offense and were not released from custody within 4 hours after the time of arrest;
(2) Discusses the reasons for the delay in processing such persons for release; and
(3) Describes any steps taken or to be taken to ensure that all such persons are released within 4 hours from the time of arrest.
(d) The MPD shall ensure that it possesses an automated information processing system that enables it to promptly process for release or presentation to the court all persons arrested in connection with a First Amendment assembly, and shall ensure that such system is fully operational (with respect to its hardware, software, and staffing) prior to a First Amendment assembly that has a potential for a substantial number of arrests.
(Apr. 13, 2005, D.C. Law 15-352, § 112, 52 DCR 2296.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 3A - First Amendment Rights and Police Standards › Subchapter I - First Amendment Assemblies › § 5–331.13. Notice to persons arrested in connection with a First Amendment assembly of their release options

§ 5–331.13. Notice to persons arrested in connection with a First Amendment assembly of their release options.
(a) The MPD shall fully and accurately advise persons arrested in connection with a First Amendment assembly of all potential release options when processing them for release from custody or for presentation to court.
(b)(1) The MPD shall provide a written notice identifying all release options to each person arrested in connection with a First Amendment assembly who is charged solely with one or more misdemeanor offenses. The notice shall clearly indicate that the options are alternative methods for obtaining a prompt release, and that the availability of each option is dependent on a determination that the arrestee is eligible to participate in that release option. The notice shall also identify the misdemeanor charges lodged against the arrestee.
(2) The notice required by paragraph (1) of this subsection shall be offered in the Spanish language to those persons who require or desire notice in this manner, and shall be offered in other languages as is reasonable to ensure meaningful access to the notice for persons who are limited English proficient.
(Apr. 13, 2005, D.C. Law 15-352, § 113, 52 DCR 2296.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 3A - First Amendment Rights and Police Standards › Subchapter I - First Amendment Assemblies › § 5–331.14. Police-media relations

§ 5–331.14. Police-media relations.
(a) Within 90 days of April 13, 2005, the Chief of Police, pursuant to subchapter 1 of Chapter 5 of Title 2, shall issue rules governing police passes for media personnel.
(b) Within 90 days of April 13, 2005, the Chief of Police shall develop and implement a written policy governing interactions between the MPD and media representatives who are in or near an area where a First Amendment assembly is ongoing and who are reporting on the First Amendment assembly. The policy shall be consistent with the requirements of subsection (c) of this section.
(c)(1) The MPD shall allow media representatives reasonable access to all areas where a First Amendment assembly is occurring. At a minimum, the MPD shall allow media representatives no less access than that enjoyed by members of the general public and, consistent with public safety considerations, shall allow media representatives access to promote public knowledge of the assembly.
(2) The MPD personnel located in or near an area where a First Amendment assembly is ongoing shall recognize and honor media credentials issued by or officially recognized by the MPD.
(3) The MPD shall make reasonable accommodations to allow media representatives effectively to use photographic, video, or other equipment relating to their reporting of a First Amendment assembly.
(Apr. 13, 2005, D.C. Law 15-352, § 114, 52 DCR 2296.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 3A - First Amendment Rights and Police Standards › Subchapter I - First Amendment Assemblies › § 5–331.15. Training for handling of, and response to, First Amendment assemblies

§ 5–331.15. Training for handling of, and response to, First Amendment assemblies.
The Chief of Police shall ensure that all relevant MPD personnel, including command staff, supervisory personnel, and line officers, are provided regular and periodic training on the handling of, and response to, First Amendment assemblies. The training shall be tailored to the duties and responsibilities assigned to different MPD positions and ranks during a First Amendment assembly. The training shall include instruction on the provisions of this subchapter, and the regulations issued hereunder.
(Apr. 13, 2005, D.C. Law 15-352, § 115, 52 DCR 2296.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 3A - First Amendment Rights and Police Standards › Subchapter I - First Amendment Assemblies › § 5–331.17. Construction

§ 5–331.17. Construction.
The provisions of this subchapter are intended to protect persons who are exercising First Amendment rights in the District of Columbia, and the standards for police conduct set forth in this subchapter may be relied upon by such persons in any action alleging violations of statutory or common law rights.
(Apr. 13, 2005, D.C. Law 15-352, § 117, 52 DCR 2296.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 3A - First Amendment Rights and Police Standards › Subchapter II - Police Investigations › § 5–333.01. Short title

§ 5–333.01. Short title.
This subchapter may be cited as the “Police Investigations Concerning First Amendment Activities Act of 2004”.
(Apr. 13, 2005, D.C. Law 15-352, § 201, 52 DCR 2296.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 3A - First Amendment Rights and Police Standards › Subchapter II - Police Investigations › § 5–333.02. Definitions

§ 5–333.02. Definitions.
For the purposes of this subchapter, the term:
(1) “First Amendment activities” means constitutionally protected speech or association, or conduct related to freedom of speech, free exercise of religion, freedom of the press, the right to assemble, and the right to petition the government.
(2) “First Amendment assembly” means a demonstration, rally, parade, march, picket line, or other similar gathering conducted for the purpose of persons expressing their political, social, or religious views;
(3) “Informant” means a person who provides information to the police department motivated by the expectation of receiving compensation or benefit, or otherwise is acting under the direction of the MPD.
(4) “Intelligence Section” means the Intelligence Section of the Special Investigations Division of MPD, or its successor section or unit.
(5) “Intelligence Section file” means the investigative intelligence information gathered, received, developed, analyzed, and maintained by the Intelligence Section of the Metropolitan Police Department, pursuant to an investigation or preliminary inquiry involving First Amendment activity.
(6) “Legitimate law enforcement objective” means the detection, investigation, deterrence, or prevention of crime, or the apprehension and prosecution of a suspected criminal; provided, that a person shall not be considered to be pursuing a legitimate law enforcement objective if the person is acting based upon the race, ethnicity, religion, national origin, lawful political affiliation or activity, or lawful news-gathering activity of an individual or group.
(7) “Mail cover” means the inspection and review of the outside of envelopes of posted mail and other delivered items.
(8) “Mail opening” means the opening and inspection and review of the contents of posted mail and other delivered items.
(9) “Minimization procedures” means reasonable precautions taken to minimize the interference with First Amendment activities, without impairing the success of the investigation or preliminary inquiry.
(10) “MPD” means the Metropolitan Police Department.
(11) “Reasonable suspicion” means a belief based on articulable facts and circumstances indicating a past, current, or impending violation of law. The reasonable suspicion standard is lower than the standard of probable cause; however, a mere hunch is insufficient as a basis for reasonable suspicion. A suspicion that is based upon the race, ethnicity, religion, national origin, lawful political affiliation or activity, or lawful news-gathering activity of an individual or group is not a reasonable suspicion.
(Apr. 13, 2005, D.C. Law 15-352, § 202, 52 DCR 2296.)
Section References
This section is referenced in § 5-1104.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 3A - First Amendment Rights and Police Standards › Subchapter II - Police Investigations › § 5–333.03. Purpose; scope

§ 5–333.03. Purpose; scope.
This subchapter establishes the responsibilities of and procedures for the MPD relating to investigations and preliminary inquiries, including criminal intelligence investigations and inquiries, that may affect activities protected by the First Amendment. This subchapter does not apply to criminal investigations or inquiries that do not involve First Amendment activities.
(Apr. 13, 2005, D.C. Law 15-352, § 203, 52 DCR 2296.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 3A - First Amendment Rights and Police Standards › Subchapter II - Police Investigations › § 5–333.04. Policy on investigations and inquiries involving First Amendment activities

§ 5–333.04. Policy on investigations and inquiries involving First Amendment activities.
The MPD shall conduct all investigations and preliminary inquiries involving First Amendment activities for a legitimate law enforcement objective and, in so doing, shall safeguard the constitutional rights and liberties of all persons. MPD members may not investigate, prosecute, disrupt, interfere with, harass, or discriminate against any person engaged in First Amendment activity for the purpose of punishing, retaliating, preventing, or hindering the person from exercising his or her First Amendment rights.
(Apr. 13, 2005, D.C. Law 15-352, § 204, 52 DCR 2296.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 3A - First Amendment Rights and Police Standards › Subchapter II - Police Investigations › § 5–333.05. Authorization for investigations involving First Amendment activities

§ 5–333.05. Authorization for investigations involving First Amendment activities.
(a) The MPD may conduct a criminal investigation that involves the First Amendment activities of persons, groups, or organizations only when there is reasonable suspicion to believe that the persons, groups, or organizations are planning or engaged in criminal activity, and the First Amendment activities are relevant to the criminal investigation.
(b) Except as provided in subsection (e) of this section, a MPD member may undertake an investigation under this section only after receiving prior written authorization from the Commander, Office of the Superintendent of Detectives, or such other MPD commander of similar rank designated by MPD regulations. No MPD member may conduct an investigation involving First Amendment activities without the authorization required by this section.
(c) To obtain authorization for an investigation under this section, a MPD member shall submit a memorandum to the Commander, Office of Superintendent of Detectives, or such other MPD commander of similar rank as designated by MPD regulations:
(1) Identifying the subject of the proposed investigation, if known;
(2) Stating the facts and circumstances that create a reasonable suspicion of criminal activity; and
(3) Describing the relevance of the First Amendment activities to the investigation.
(d)(1) Written authorization of an investigation under this section may be granted for a period of up to 120 days where the designated commander determines that there is reasonable suspicion of criminal activity.
(2) If the MPD seeks to continue an investigation past 120 days, a new memorandum and approval shall be obtained for each subsequent 120-day period. The new memorandum shall describe the information already collected and demonstrate that an extension is reasonably necessary to pursue the investigation.
(3) The Chief of Police shall approve investigations open for more than one year, and shall do so in writing, stating the justification for the investigation.
(e) If there is an immediate threat of criminal activity, an investigation under this section may begin before a memorandum is prepared and approved; provided, that written approval must be obtained within 24 hours from the Chief of Police or his designee.
(f) An investigation involving First Amendment activities shall be terminated when logical leads have been exhausted and no legitimate law enforcement purpose justifies its continuance.
(Apr. 13, 2005, D.C. Law 15-352, § 205, 52 DCR 2296.)
Section References
This section is referenced in § 5-333.12.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 3A - First Amendment Rights and Police Standards › Subchapter II - Police Investigations › § 5–333.06. Authorization for preliminary inquiries involving First Amendment activities

§ 5–333.06. Authorization for preliminary inquiries involving First Amendment activities.
(a) The MPD may initiate a preliminary inquiry involving First Amendment activities, to obtain sufficient information to determine whether or not an investigation is warranted, where:
(1) The MPD receives information or an allegation the responsible handling of which requires further scrutiny; and
(2) The information or allegation received by MPD does not justify opening a full investigation because it does not establish reasonable suspicion that persons are planning or engaged in criminal activity.
(b)(1) A MPD member may undertake a preliminary inquiry involving First Amendment activities, to obtain sufficient information to determine whether or not an investigation is warranted, only by receiving prior written authorization from the Commander, Office of Superintendent of Detectives, or such other MPD commander of similar rank designated by MPD regulations.
(2) Except as provided in § 5-333.09, no MPD member may conduct a preliminary inquiry involving First Amendment activities without the authorization required by this section.
(c) To obtain authorization for a preliminary inquiry, a MPD member shall submit a memorandum to the Commander, Office of Superintendent of Detectives, or such other MPD commander of similar rank designated by MPD regulations:
(1) Identifying the subject of the proposed inquiry, if known;
(2) Stating the information or allegations that are the basis for the preliminary inquiry; and
(3) Describing the relevance of the First Amendment activities to the inquiry.
(d)(1) A preliminary inquiry under this section may be authorized for a period of up to 60 days.
(2) If the MPD seeks to continue this preliminary inquiry beyond 60 days, a new memorandum and approval must be obtained for an additional 60-day period. The new memorandum must describe the information already collected and demonstrate that an extension is reasonably necessary to pursue the inquiry.
(3) The Chief of Police shall approve a preliminary inquiry under this section that is to remain open for more than 120 days, and shall do so in writing, stating the justification for the preliminary inquiry.
(e) A preliminary inquiry under this section shall be terminated when it becomes apparent that a full investigation is not warranted.
(Apr. 13, 2005, D.C. Law 15-352, § 206, 52 DCR 2296.)
Section References
This section is referenced in § 5-333.12.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 3A - First Amendment Rights and Police Standards › Subchapter II - Police Investigations › § 5–333.07. Techniques and procedures for investigations and preliminary inquiries

§ 5–333.07. Techniques and procedures for investigations and preliminary inquiries.
(a) The investigative techniques used in any particular investigation or preliminary inquiry shall be dictated by the needs of the investigation or inquiry.
(b) The MPD shall employ minimization procedures in all investigations and preliminary inquiries involving First Amendment activities. Where the conduct of an investigation or preliminary inquiry presents a choice between the uses of more or less intrusive methods or investigative techniques, the MPD shall consider whether the information could be obtained in a timely and effective way by the less intrusive means.
(c) The following techniques may be used in an authorized investigation or authorized preliminary inquiry involving First Amendment activities, without additional authorization:
(1) Examination of public records and other sources of information available to the public;
(2) Examination of MPD indices, files, and records;
(3) Examination of records and files of other government or law enforcement agencies;
(4) Interviews of any person; and
(5) Physical, photographic, or video surveillance from places open to the public or otherwise legally made available.
(d) Undercover officers, informants, and mail covers may be used in an authorized preliminary inquiry after written approval and authorization is obtained from the Chief of Police or his designee. Mail openings and Wire Interception and Interception of Oral Communications, as defined in § 23-541, shall not be used in a preliminary inquiry.
(e) The following techniques may be used in an authorized investigation involving First Amendment activities, after written approval and authorization is obtained from the Chief of Police or his designee:
(1) Wire Interception and Interception of Oral Communications, as defined in § 23-541;
(2) Undercover officers and informants; and
(3) Mail covers, mail openings, pen registers, and trap and trace devices.
(f) If there is an immediate threat of criminal activity, verbal authority by the designated MPD commander to use the investigative techniques described in subsection (d) and (e) of this section is sufficient until a written authorization can be obtained; provided, that other legal requirements have been met. The required written authorization shall be obtained within 5 days of the occurrence of the emergency.
(Apr. 13, 2005, D.C. Law 15-352, § 207, 52 DCR 2296.)
Section References
This section is referenced in § 5-333.10.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 3A - First Amendment Rights and Police Standards › Subchapter II - Police Investigations › § 5–333.08. Rules for investigations and preliminary inquiries

§ 5–333.08. Rules for investigations and preliminary inquiries.
(a) Within 90 days of April 13, 2005, the Chief of Police, pursuant to subchapter I of Chapter 5 of Title 2, and in accordance with this subchapter, shall issue rules governing investigations and preliminary inquiries involving First Amendment activities, including the authorization, conduct, monitoring, and termination of investigations and preliminary inquiries, and the maintenance, dissemination, and purging of records, files, and information from such investigations and preliminary inquiries.
(b) The rules issued under subsection (a) of this section shall require the MPD to direct undercover officers and informants to refrain from:
(1) Participating in unlawful acts or threats of violence;
(2) Using unlawful techniques to obtain information;
(3) Initiating, proposing, approving, directing, or suggesting unlawful acts or a plan to commit unlawful acts;
(4) Being present during criminal activity or remaining present during unanticipated criminal activity, unless it has been determined to be necessary for the investigation;
(5) Engaging in any conduct the purpose of which is to disrupt, prevent, or hinder the lawful exercise of First Amendment activities;
(6) Attending meetings or engaging in other activities for the purpose of obtaining legally privileged information, such as attorney-client communications or physician-patient communications; and
(7) Recording or maintaining a record concerning persons or organizations who are not a target of the investigation or preliminary inquiry, unless the information is material to the investigation or preliminary inquiry, or the information would itself justify an investigation or preliminary inquiry under this subchapter.
(c) The rules issued under subsection (a) of this section shall require that all members assigned to the Intelligence Section, Special Investigations Branch, attend training on this subchapter and the rules. The rules shall require that all members of the Intelligence Section sign an acknowledgment that they have received, read, understood, will abide by, and will maintain a copy of this subchapter and the rules.
(Apr. 13, 2005, D.C. Law 15-352, § 208, 52 DCR 2296.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 3A - First Amendment Rights and Police Standards › Subchapter II - Police Investigations › § 5–333.09. Preliminary inquiries relating to First Amendment assemblies

§ 5–333.09. Preliminary inquiries relating to First Amendment assemblies.
(a) A MPD member may initiate a preliminary inquiry relating to a First Amendment assembly, for public safety reasons, without authorization, as follows:
(1) Members may gather public information regarding future First Amendment assemblies and review notices and approved assembly plans.
(2) Members may communicate overtly with the organizers of a First Amendment assembly concerning the number of persons expected to participate, the activities anticipated, and other similar information regarding the time, place, and manner of the assembly.
(3) Members may communicate overtly with persons other than the organizers of a First Amendment assembly to obtain information relating to the number of persons expected to participate in the assembly.
(4) Members may collect information on prior First Amendment assemblies to determine what police resources may be necessary to adequately protect participants, bystanders, and the general public, and to enforce all applicable laws.
(b) Filming and photographing First Amendment assemblies may be conducted by MPD members for the purpose of documenting violations of law and police actions, as an aid to future coordination and deployment of police units, and for training purposes. Filming and photographing of First Amendment assemblies may not be conducted for the purpose of identifying and recording the presence of individual participants who are not engaged in unlawful conduct.
(Apr. 13, 2005, D.C. Law 15-352, § 209, 52 DCR 2296.)
Section References
This section is referenced in § 5-333.06.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 3A - First Amendment Rights and Police Standards › Subchapter II - Police Investigations › § 5–333.10. Authorized public activities

§ 5–333.10. Authorized public activities.
Nothing in this subchapter shall be interpreted as prohibiting any MPD member from, in the course of their duties, visiting any place, and attending any event that is open to the public, or reviewing information that is in the public domain, on the same terms and conditions as members of the public, so long as members have a legitimate law enforcement objective; provided, that any undercover activities shall be authorized as required by § 5-333.07.
(Apr. 13, 2005, D.C. Law 15-352, § 210, 52 DCR 2296.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 3A - First Amendment Rights and Police Standards › Subchapter II - Police Investigations › § 5–333.11. Files and records

§ 5–333.11. Files and records.
(a) Information to be retained in an Intelligence Section file shall be evaluated for the reliability of the source of the information and the validity and accuracy of the content of the information prior to filing. The file shall state whether the reliability, validity, and accuracy of the information have been corroborated.
(b) The MPD shall not collect or maintain information about the political, religious, social, or personal views, associations, or activities of any individual, group, or organization unless such information is material to an authorized investigation or preliminary inquiry involving First Amendment activities.
(c) No information shall be knowingly included in an Intelligence Section file that has been obtained in violation of any applicable federal, state, or local law, ordinance, or regulation. The Chief of Police, or his designee, shall be responsible for establishing that no information is entered in Intelligence Section files in violation of this subsection.
(d) The MPD may disseminate information obtained during preliminary inquiries and investigations involving First Amendment activities to federal, state, or local law enforcement agencies, or local criminal justice agencies, only when such information:
(1) Falls within the investigative or protective jurisdiction or litigation-related responsibility of the agency;
(2) May assist in preventing an unlawful act or the use of violence, or any other conduct dangerous to human life; or
(3) Is required to be disseminated by an interagency agreement, statute, or other law.
(e) All requests for dissemination of information from an Intelligence Section file shall be evaluated and approved by the Chief of Police or his designee. All dissemination of information shall be done by written transmittal or recorded on a form that describes the documents or information transmitted, and a record of the dissemination shall be maintained for a minimum of one year.
(f) Intelligence Section file information shall not be disseminated to any non-law enforcement agency, department, group, organization, or individual, except as authorized by law.
(g) The Chief of Police or his designee shall periodically review information contained in Intelligence Section files and purge records that are not accurate, reliable, relevant, and timely.
(Apr. 13, 2005, D.C. Law 15-352, § 211, 52 DCR 2296.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 3A - First Amendment Rights and Police Standards › Subchapter II - Police Investigations › § 5–333.12. Monitoring and auditing of investigations and preliminary inquiries

§ 5–333.12. Monitoring and auditing of investigations and preliminary inquiries.
(a) Authorizations of investigations and preliminary inquiries involving First Amendment activities are to be reviewed every 90 days by a panel of no fewer than 3 MPD commanding officers designated by the Chief of Police.
(b) The Commander, Office of the Superintendent of Detectives, or a commander of similar rank designated in the MPD regulations, shall monitor the compliance of undercover officers and informants with the requirements of this subchapter.
(c) The Chief of Police shall annually prepare a report on the MPD’s investigations and preliminary inquiries involving First Amendment activities. The report shall be transmitted to the Mayor and Council and a notice of its publication shall be published in the District of Columbia Register. The report shall include, at a minimum,
(1) The number of investigations authorized;
(2) The number of authorizations for investigation sought but denied;
(3) The number of requests from outside agencies, as documented by forms requesting access to records of investigations conducted pursuant to this subchapter;
(4) The number of arrests, prosecutions, or other law enforcement actions taken as a result of such investigations; and
(5) A description of any violations of this subchapter or the regulations issued pursuant to this subchapter, and the actions taken as a result of the violations, including whether any officer was disciplined as a result of the violation.
(d) Repealed.
(Apr. 13, 2005, D.C. Law 15-352, § 212, 52 DCR 2296; Mar. 10, 2023, D.C. Law 24-311, § 8, 70 DCR 595.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 3A - First Amendment Rights and Police Standards › Subchapter II - Police Investigations › § 5–333.13. Construction

§ 5–333.13. Construction.
The provisions of this subchapter are intended to protect persons who are exercising First Amendment rights in the District of Columbia, and the standards for police conduct set forth in this subchapter may be relied upon by such persons in any action alleging violations of statutory or common law rights.
(Apr. 13, 2005, D.C. Law 15-352, § 213, 52 DCR 2296.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 3A - First Amendment Rights and Police Standards › Subchapter III - Post-and-Forfeit Procedure › § 5–335.02. Post-and-forfeit amounts

§ 5–335.02. Post-and-forfeit amounts.
(a) The Superior Court shall determine the amount of money that is associated with each misdemeanor qualified for resolution using the post-and-forfeit procedure as determined by the OAG pursuant to § 5-335.01(c).
(b) Within 90 days after the Superior Court issues an updated list of the amount of money associated with each qualified misdemeanor, the Chief of Police shall issue the list of misdemeanors that law enforcement officers are authorized to resolve using the post-and-forfeit procedure. The Chief of Police shall make the list available to the public, including placing the list on the MPD website and having it available for review in each police station.
(Apr. 13, 2005, D.C. Law 15-352, § 303; as added Apr. 24, 2015, D.C. Law 20-243, § 3(b), 61 DCR 8320.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 3A - First Amendment Rights and Police Standards › Subchapter III - Post-and-Forfeit Procedure › § 5–335.03. Reporting requirement

§ 5–335.03. Reporting requirement.
Beginning March 15, 2015, and on an annual basis thereafter, the Mayor shall submit a public report to the Council, identifying the total amount of money collected the previous year using the post-and-forfeit procedure and the number of criminal charges, by specific charge, resolved the previous year using the post-and-forfeit procedure.
(Apr. 13, 2005, D.C. Law 15-352, § 304; as added Apr. 24, 2015, D.C. Law 20-243, § 3(b), 61 DCR 8320.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 3A - First Amendment Rights and Police Standards › Subchapter IV - Police Identifying Information › § 5–337.01. Police identifying information

§ 5–337.01. Police identifying information.
Every member of the Metropolitan Police Department (“MPD”), while in uniform, shall wear or display the nameplate and badge issued by the MPD, or the equivalent identification issued by the MPD, and shall not alter or cover the identifying information or otherwise prevent or hinder a member of the public from reading the information.
(Apr. 13, 2005, D.C. Law 15-352, § 321, 52 DCR 2296.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 3E - Use of Vehicular Pursuits › § 5–365.01. Definitions

§ 5–365.01. Definitions.
(a) For the purposes of this chapter, the term:
(1) "Boxing in" means a practice or tactic in which law enforcement officers intentionally surround a suspect motor vehicle with pursuit vehicles and then reduce the traveling speed of the pursuit vehicles with the intent to stop or slow the suspect motor vehicle.
(2) "Caravanning" means a practice or tactic in which a law enforcement officer operates a pursuit vehicle without maintaining a reasonable distance between another pursuit vehicle.
(3) "Crime of violence" shall have the same meaning as provided in § 23-1331(4).
(4) "Deploying a roadblock" means a tactic or practice in which a law enforcement officer intentionally places a vehicle or object in the path of the suspect vehicle with the intent to stop the suspect motor vehicle.
(5)(A) "Deploying a tire deflation device" means a tactic or practice in which a law enforcement officer intentionally places or activates a device that extends across the roadway with the intent to slow or stop a suspect vehicle.
(B) The term "deploying a tire deflation device" does not include raising bollards or other barricades when:
(i) The bollard or barricade is clearly visible to the operator of the suspect motor vehicle; and
(ii) The bollard or barricade is raised in a manner that provides the operator of the suspect motor vehicle adequate time to safely avoid the bollard or barricade.
(6) "Law enforcement officer" shall have the same meaning as provided in § 23-501(2).
(7) "Motor vehicle" means an automobile, all-terrain vehicle, a motorcycle, moped, or any other vehicle designed to be propelled only by an internal-combustion engine or electricity.
(8) "Paralleling" means a practice or tactic in which a law enforcement officer operates a pursuit vehicle in the same direction and at approximately the same speed as the suspect motor vehicle using another street or highway parallel to the direction or route of the suspect motor vehicle.
(9) "Pursuit vehicle" means any motor vehicle operated by a law enforcement officer during a vehicular pursuit of a fleeing suspect.
(10) "Ramming" means a tactic in which a law enforcement officer intentionally causes a pursuit vehicle to come into physical contact with a suspect motor vehicle with the intent to damage, slow, or stop the suspect motor vehicle, regardless of the speed of the pursuit vehicle.
(11) "Serious bodily injury" means a bodily injury or significant bodily injury that involves:
(A) A substantial risk of death;
(B) Protracted and obvious disfigurement;
(C) Protracted loss or impairment of the function of a bodily member or organ; or
(D) Protracted loss of consciousness.
(12) "Vehicular pursuit" means the operation of a pursuit vehicle in a manner that is not consistent with the posted speed limit or other applicable traffic regulations in an attempt to apprehend a suspect who is eluding apprehension while operating a motor vehicle.
(Apr. 21, 2023, D.C. Law 24-345, § 127, 70 DCR 7904.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 3B-i - Use of Force Review Board › § 5–353.01. Use of Force Review Board; membership

§ 5–353.01. Use of Force Review Board; membership.
(a) There is established a Use of Force Review Board ("Board"), which shall review uses of force as set forth by the Metropolitan Police Department in its written directives.
(b) The Board shall consist of the following 13 voting members, and may include non-voting members at the Mayor's discretion:
(1) Seven MPD members appointed by the Chief of Police who hold the rank of Inspector or above, or the civilian equivalent;
(2) Three civilian members appointed by the Mayor, pursuant to § 1-523.01(e), with the following qualifications and no current or prior affiliation with law enforcement, including being employed by a law enforcement agency or law enforcement union:
(A) One member who has personally experienced the use of force by a law enforcement officer;
(B) One member of the District of Columbia Bar in good standing; and
(C) One District resident community member;
(3) Two civilian members appointed by the Council with the following qualifications and no current or prior affiliation with law enforcement, including being employed by a law enforcement agency or law enforcement union:
(A) One member with subject matter expertise in criminal justice policy; and
(B) One member with subject matter expertise in law enforcement oversight and the use of force; and
(4) The Executive Director of the Office of Police Complaints, or their designee.
(Apr. 21, 2023, D.C. Law 24-345, § 106, 70 DCR 7904.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 2 of Use of Force Review Board Emergency Act of 2023 (D.C. Act 25-65, Mar. 27, 2023, 70 DCR 3842).
Temporary Legislation
For temporary (225 days) creation of, see § 2 of Use of Force Review Board Temporary Act of 2023 (D.C. Law 25-16, June 14, 2023, 70 DCR 6333).
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 4 - Fire and Emergency Services Department › Subchapter I - General › § 5–401.01. State safety oversight agency for DC Streetcar. [Repealed]

§ 5–401.01. State safety oversight agency for DC Streetcar. [Repealed]
Repealed.
(June 20, 1906, 34 Stat. 314, ch. 3443, § 1a; as added Sept. 20, 2012, D.C. Law 19-168, § 6012(b), 59 DCR 8025; Feb. 26, 2015, D.C. Law 20-155, § 3012, 61 DCR 9990; Apr. 7, 2017, D.C. Law 21-254, § 301(b), 64 DCR 2028.)
Section References
This section is referenced in § 5-401.
Effect of Amendments
The 2012 amendment by D.C. Law 19-168 added this section.
The 2015 amendment by D.C. Law 20-155 rewrote the section.
Applicability
Section 6033 of D.C. Law 22-168 repealed § 501(a) of D.C. Law 21-254. Therefore the repeal of this section by D.C. Law 21-254 has been implemented.
Section 501(e) of D.C. Law 21-254 provided that the repeal of this section by D.C. Law 21-254 shall apply on the date the requirements of § 8-151.08a have been met.
Applicability of D.C. Law 21-254: § 501 of D.C. Law 21-254 provided that the creation of this section by § 301(b) of D.C. Law 21-254 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 3012 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).
For temporary (90 days) amendment of this section, see § 3012 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).
For temporary (90 days) amendment of this section, see § 3012 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
Construction of Law
Section 401 of Law 21-254 provided that Law 21-254 shall be construed, and the authority granted under it shall be exercised, in a manner consistent with applicable federal laws and regulations.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 4 - Fire and Emergency Services Department › Subchapter I - General › § 5–401.02. Public duty doctrine

§ 5–401.02. Public duty doctrine.
The Council ratifies the interpretation and application of the public duty doctrine by the District of Columbia Court of Appeals up through the decision of September 25, 2014, in
Allen v. District of Columbia
, No. 10-CV-1425, and extends the public duty doctrine to claims against the District for the actions of contractors and their employees providing services pursuant to § 5-401 to the same extent as it applies to claims against the District for the actions of the District and its employees.
(June 20, 1906, 34 Stat. 314, ch. 3443, § 1b; as added Oct. 8, 2016, D.C. Law 21-160, § 3072(b), 63 DCR 10775.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 4 - Fire and Emergency Services Department › Subchapter I - General › § 5–403. Age limits in original appointments

§ 5–403. Age limits in original appointments.
The Council of the District of Columbia is hereby authorized to determine and fix the minimum and maximum limits of age within which original appointments to the Fire Department may be made.
(Jan. 24, 1920, 41 Stat. 398, ch. 54, § 4.)
Prior Codifications
1981 Ed., § 4-303.
1973 Ed., § 4-403.
Section References
This section is referenced in § 1-632.03.
Cross References
Merit system, application to police officers and firefighters, see § 1-632.03.
Metropolitan Police Department, appointments, age limits, see § 5-10
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(108) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 4 - Fire and Emergency Services Department › Subchapter I - General › § 5–406. Appropriations for uniforms and other equipment

§ 5–406. Appropriations for uniforms and other equipment.
For furnishing uniforms and all other official equipment prescribed by Department regulations as necessary and requisite in the performance of duty, there is hereby authorized to be appropriated a sum for each member of the Fire Department of the District of Columbia, to be expended subject to rules and regulations to be prescribed by the Mayor of the District of Columbia.
(May 25, 1926, 44 Stat. 635, ch. 381; Apr. 15, 2008, D.C. Law 17-147, § 3, 55 DCR 2558.)
Prior Codifications
1981 Ed., § 4-306.
1973 Ed., § 4-406.
Section References
This section is referenced in § 1-632.03.
Effect of Amendments
D.C. Law 17-147 deleted “not exceeding $75 per annum” following “sum”.
Cross References
Merit system, application to police officers and firefighters, see § 1-632.03.
Emergency Legislation
For temporary (90 day) addition of section, see § 2 of FEMS Uniformed Members Labor Day Fundraising for Muscular Dystrophy Exemption Emergency Act of 2011 (D.C. Act 19-114, July 28, 2011, 58 DCR 6538).
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.