A BILL
12-622
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
To amend the District of Columbia Procurement Practices Act of 1985; and 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, to allow investigators employed by the Office Inspector General to carry
firearms, to make arrests if a felony violation is being committed in the presence of the
investigator, and to apply for and execute search warrants.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, that this act may be cited as
the "Office of the Inspector General Law Enforcement Powers Amendment Act of
1998".
Sec. 2. Section 208 of the District of Columbia Procurement Practices Act of 1985,
effective February 21, 1986 (D.C. Law 6-85; D.C. Code §1-1182.8), is amended by adding a
new subsection (f-1) to read as follows:
"(f- 1) An employee of the Office of the Inspector General who, as part of his or
her official duties, conducts investigations of alleged felony violations, shall possess
the following authority while engaged in the performance of official duties:
"(1) To carry a firearm within the District of Columbia or a District government
facility located outside of the District, provided that the employee has completed a
course of training in the safe handling of firearms and the use of deadly force, and is
qualified to use a firearm according to the standards applicable to officers of the
Metropolitan Police Department. The employee may not carry a firearm course of official
duties unless designated by the Inspector General in writing as having the authority to
carry a firearm. The Inspector General shall issue written guidelines pertaining to the
authority to carry firearms, the appropriate use of firearms, firearms issuance and
security, and the use of force;"(2) To make an arrest without a warrant if the employee has probable cause to
believe that a felony violation of a federal or District of Columbia statute is being
committed in his or her presence, provided that the arrest is made while the employee is
engaged in the performance of his or her official duties within the District of Columbia
or a District government facility located outside of the District; and"(3) To serve as an affiant for, to apply to an appropriate judicial officer for,
and execute a warrant for the search of premises or the seizure of evidence if the warrant
is issued under authority of the District of Columbia or of the United States upon
probable cause.".
Sec. 3. Section 5(a) of 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 (47 Stat. 651;
D.C. Code §22-3205(a)), is amended by inserting the phrase "including criminal
investigators of the Office of the Inspector General, designated in writing by the
Inspector General, while engaged in the performance of their official duties," after
the phrase "duly appointed law-enforcement officers,"..
Sec. 4. Fiscal impact statement.
The Council adopts the fiscal impact statement in the Committee Report on Bill 12-622
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 §1-233 (c)(3)).
Sec. 5. This act shall take effect following approval by the Mayor, (or in the event of
veto by the Mayor, action by the Council to override the veto), 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 Home
Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(2), and
publication in the District of Columbia Register.