Councilmember Carol Schwartz
A BILL IN THE
COUNCIL OF THE DISTRICT OF COLUMBIA
Councilmember Carol Schwartz introduced the following bill, which was
referred to the Committee on the Judiciary.
To amend Title 23 of the District of Columbia Code to adjust the
standard of proof for violation of pretrial release conditions.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act
may be cited as the "Pretrial Release Amendment Act of 1999".
Sec. 2. Section 23-1329 of the District of Columbia Code is amended as
follows:
(a) Strike the sentence "No order of revocation and detention
shall be entered unless, after a hearing, the judicial officer finds that -" and
insert in its place the following:
"The judicial officer shall enter an order of revocation and
detention, if after a hearing, there s probable cause to believe that such person has
violated a condition of his release. There shall be a rebuttable presumption that no
condition or combination of conditions of release will reasonably assure that such person
will not flee or pose a danger to any other person or the community. The provisions of
§23-1322(d) and (h) shall apply to this subsection. ".
(b) Strike paragraphs (b)(1 ) and (b)(2) in their entirety.
Sec. 3. Fiscal Impact Statement
The Council adopts the fiscal impact statement in the Committee Report as the fiscal
impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act,
approved December 24, 1973 (87 Stat. 813; D.C. Code sec. 1-233(c)(3).
Sec. 4. Effective Date
This act shall take effect upon its enactment (approval by the Mayor,
or in the event of veto by the Mayor, override of the veto by the Council), and approval
by the Financial Responsibility and Management Assistance Authority as provided in section
203(a) of the District of Columbia Financial Responsibility and Management Assistance Act
of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3(a)), a 60-day period
of Congressional review as provided in section 602(c)(2) of the District of Columbia
Self-Government and Governmental Reorganization Act, approved December 24, 1973 (87 Stat.
813; D.C. Code §1 -233(c)(2)), and publication in the District of Columbia Register.