DC Council

DC Council approves crime bill permitting DNA collection before conviction, drug-free zones

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The D.C. Council passed legislation intended to prevent high-profile crime and crack down on offenders, after months of debate about the bill’s approaches and potential risks.

The bill approved by the Council 12-0 after hours of debate Tuesday would give police authority to collect DNA from suspects before a conviction and to declare drug-free zones.

Councilmember Trayon White voted "present."

"We are a city that is committed to creating opportunity and that believes in second chances, but we will not tolerate violence and we will not tolerate criminal activity that disrupts our sense of safety and our ability to build thriving neighborhoods," Mayor Muriel Bowser said in a statement. 

The U.S. attorney's office also praised the vote.

The council debated several controversial parts of the bill as an overflow crowd of residents made their voices heard. News4's Mark Segraves reports.

"The provisions in this bill will provide crucial tools to police and to prosecutors as we collectively work together to hold those who commit crimes in our community accountable," a statement from the office said. "And we are particularly grateful that the Council listened to our arguments related to DNA collection and developed a compromise position that allows for the earlier collection of DNA."

Controversy swirled around the legislation for months, as lawmakers added, removed and changed its provisions.

One of the most contentious issues was collecting DNA samples from suspects. That had been removed from the bill last month, but Councilmember Brooke Pinto changed the legislation in hopes of getting it back. Pinto wanted to have police collect DNA at time of arrest like fingerprints. She walked that back to having police collect DNA after a suspect has been charged and a judge has found probable cause.

The new provision also narrows down the type of suspect who could be swabbed.

“This amendment would still allow approximately 6,000 individuals to have their DNA taken without ever having been convicted of a single crime,” said Councilmember Kenyan McDuffie, who opposed the provision.

“Adopting this provision is authorizing the mass collection of Black people’s DNA — many of whom will never be convicted of the crime for which they were arrested,” he added.

An interfaith group of 75 religious leaders called for changes early Tuesday to some provisions of the bill, including on drug-free zones and pretrial detention.

The version of the bill that the council gave initial approval to last month aimed to reduce homicides, carjackings and other violent crimes, especially among young people. The bill passed at the time without a provision to allow police to collect DNA when someone is arrested.

An interfaith group of 75 religious leaders from all eight wards of D.C. called for changes to the major crime bill that’s up for a final vote by the D.C. Council. Rev. Rob Keithan called for “focused, evidence-based tactics.” News4’s Juliana Valencia reports.

The bill’s provision to allow the police chief to designate high-crime areas as drug-free zones drew particular concern.

“The idea of creating drug-free zones when the entire city already is a drug-free zone, I believe doesn’t solve the issue,” Councilmember Robert White said.

Council Chairman Phil Mendelson said Monday that he expected drug-free zones to remain in the bill.

The bill now goes to Bowser for her signature.

There are still a few hurdles. While the legislation must be approved by Congress, the Council will also pass an emergency version of key portions that will take effect as soon as the mayor signs it — as early as this week. That emergency legislation would be in effect for 90 days. But Congress could block the permanent legislation, and a House committee will consider legislation Thursday that could block D.C. from making changes to the current criminal code.

But at least in the short term, many of these new laws in the crime bill will be in effect soon.

DC crime rates are down in 2024 thus far after spikes in 2023

The District grappled with a crime crisis in 2023, with gun violence devastating families and neighborhoods.

Deputy Mayor for Public Safety and Justice Lindsey Appiah testified before the House Judiciary subcommittee in October and said violent crime in the District had become a “crisis.”

Homicides were up 35% in 2023 compared to 2022, with 274 people killed, Metropolitan Police Department statistics say. Robberies were up 67%, property crime was up 24% and total violent crime was up 39%.

New D.C. Chief of Police Pamela Smith was selected in July and said her top priority was to drive down crime.

The D.C. Council is considering public safety legislation that would make it easier to prosecute people for carjackings and increase penalties for some gun offenses, but one controversial provision, which would allow police to do some stop-and-searches — is already drawing criticism. News4’s Mark Segraves reports many people voiced opposition during a public hearing.

So far this year, homicides are down 32% compared to 2023, with 28 people killed. Property crime is down 11%, and violent crime is down 12%.

Stay with NBC Washington for more details on this developing story.

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