Councilmember Phil Mendelson
Councilmember Sandy Allen
Councilmember Kevin Chavous
A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
Councilmember Phil Mendelson introduced the following bill, which was referred to the
Committee on the Judiciary.
To require that trials where the cumulative maximum penalty is more than 180 days
and/or $1,000 fine be jury demandable and to require that a jury determine non-jury
demandable offenses where they are deciding jury demandable offenses at the same trial.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as
the "Misdemeanor Jury Trial Act of 2001 ".
Sec. 2. Section 16-705 is amended by adding a new subsections (d) anal (e) to read as
follows:
"(d) In a criminal case tried in the Superior Court where a defendant is charged
with more than one offense and the cumulative maximum penalty is a fine of snore than
$1,000 or imprisonment for more than 180 days, the trial shall be by jury, unless the
defendant in open court expressly waives trial by jury and requests trial by the court,
and the court and the prosecuting officer consent thereto. In the case of a trial without
a jury, the trial shall be by a single judge, whose verdict shall have the same force and
effect as that of a jury.
"(e) In a criminal case tried in the Superior Court where a defendant is charged
with more than one offense which include both a jury and non jury demandable offense, the
trial for all offenses shall be by jury, unless the defendant in open court expressly
waives trial by jury and requests trial by the court, and the court and the prosecuting
officer consent thereto. In the case of a trial without a jury, the trial shall be by a
single judge, whose verdict shall have the same force and effect as that of a jury.
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 § 1-233(c)(3)).
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 (109 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.