Legislative Privilege AmendmentAct of 1999Bill 13-85

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Updated: 02:08 pm UTC, 14/10/2024

Councilmember David Catania

A BILL IN THE
COUNCIL OF THE DISTRICT OF COLUMBIA

Councilmember David Catania introduced the following bill, which was referred to the
Committee of the Whole

To amend the Legislative Privilege Act of 1975 to impose penalties on persons who fail
to comply with or who impede compliance with subpoenas issued by the Council.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as
the "Legislative Privilege Amendment Act of 1999".

Sec. 2. Section 4 of the Legislative Privilege Act of 1975, effective
June 8, 1976 (D.C. Law 1-65; D.C. Code §1-224), is amended to read as follows:

"(a) Whoever, corruptly or by threat or force, or by any threatening letter or
communication, endeavors to influence, intimidate, or impede any witness in any proceeding
pending before the Council, or in connection with any inquiry or investigation being had
by the Council, or any committee of the Council, or any joint committee of the Council; or
whoever injures any party or witness in his person or property on account of his attending
or having attended such proceeding, inquiry, or investigation, or on account of his
testifying or having testified to any matter pending therein; or whoever willfully removes
from any place, conceals, destroys, mutilates, alters, or by other means falsifies any
documentary material which is the subject of a subpoena lawfully issued by the Council, or
any committee of the Council; or whoever, corruptly, or by threats or force, or by any
threatening letter or communication, influences, obstructs, or impedes or endeavors to
influence, obstruct, or impede the Council, or the due and proper exercise of the power of
inquiry under which such inquiry or the due and proper administration of the law under
which such proceeding is being had before investigation is being had by the Council, or
any committee of the Council, or any joint committee of the Council; shall be fined not
more than $ l 0,000 or imprisoned not more than 5 years, or both.

"(b) Whoever refuses to appear upon being served a subpoena lawfully issued by the
Council, or any committee of the Council, regardless of whether or not the Council, or any
committee of the Council, refers the matter to the Superior Court for enforcement; or
whoever endeavors to obstruct, or impede the due and proper administration of law in
connection with a Council proceeding, or the due and proper exercise of the power of
inquiry under which such inquiry or investigation is being had by the Council, or any
committee of the Council, or any joint committee of the Council, shall be fined not more
than $5,000 or imprisoned not more than 2 years, or both."

Sec. 3. Fiscal impact statement.

Sec. 4. 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 ( l 09 Stat. 116; D.C. Code §47-392.3(a)), a 30-day
period of Congressional review as provided in section 602(c)(1) of the District of
Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code
§1-233(c)(1)), and publication in the District of Columbia Register.