Juvenile Curfew Act of 1995
Bill 12-685

Councilmember Harold Brizill

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To establish a curfew for juveniles 17 years of age and under in the District of Columbia, to provide for parental responsibility for implementation of the act, and to provide for exceptions to the act and amend the District of Columbia Traffic Act of 1925 to impose driving restrictions on minors.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Juvenile Curfew Act of 1995”

Sec. 2. Findings and purpose.

(a) The Council of the District of Columbia (“Council”) has determined that there has been an increase in juvenile violence, juvenile gang activity, and crime by persons under the age of 17 years in the District of Columbia.

(b) The Council has determined that persons age 17 years and under are particularly susceptible, because of their lack of maturity and experience, to participate in unlawful and gang-related activities and to be the victims of older perpetrators of crime.

(c) The Council has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control over, and responsibility for, children, for the protection of the general public, and for the reductions of the incidence of juvenile criminal activities.

(d) The Council has determined that a curfew for those aged 17 years and under will be in the interest of the public health, safety, and general welfare and will help to attain these objectives and to diminish the undesirable impact of this conduct on the citizens of the District of Columbia.

(e) The Council determines that passage of a curfew law will protect the welfare of minors by:

(1) Reducing the likelihood that minors will be the victims of criminal acts during the curfew hours;

(2) Reducing the likelihood that minors will become involved in criminal acts of exposed to narcotics trafficking during the curfew hours; and

(3) Aiding parents or guardians in carrying out their responsibility to exercise reasonable supervision of minors entrusted to their care.

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Sec. 3. Definitions

For the purposes of this act, the term:

(1) “Curfew hours” means from 11 :00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday, until 6:00 a.m. on the following day and from 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.

(2) “Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term “emergency” includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation that requires immediate action to prevent serious bodily injury or loss of life.

(3) “Establishment” means any privately-owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.

(4) “Guardian” means a person who, under court order, is the guardian of the person of a minor or a public or private agency with whom a minor has been placed by a court.

(5) “Minor” means any person under the age of 17 years, but does not include a judicially emancipated minor or a married minor.

(6) “Narcotic trafficking” means the act of engaging in any prohibited activity related to narcotic drugs or controlled substances as defined in the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Code §33-501 et seq.).

(7) “Operator” means any individual, firm, association, partnership, or corporation that operates, manages, or conducts any establishment. The term “operator” includes the members or partners of an association or partnership and the officers of a corporation.

(8) “Parent” means a natural parent, adoptive parent, or step-parent, or any person who has legal custody by court order or marriage.

(9) “Public place” means any place to which the public, or a substantial group of the public, has access, and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

(10) “Remain” means to linger or stay or fail to leave the premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.

(11) “Serious bodily injury” means bodily injury that creates a substantial risk or death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Sec. 4. Curfew authority; defenses; enforcement and penalties.

(a)(1) A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the District of Columbia during curfew hours.

(2) A parent or guardian of a minor commits an offense if eh or she knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the District of Columbia during curfew hours.

(3) The owner, operator, or any employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.

(b)(1) It is a defense to adjudication under this act that the minor was:

(A) Accompanied by the minor's parent or guardian;

(B) On an errand at the direction of the minor's parent or guardian, without any detour or stop;

(C) In a motor vehicle, train, or bus involved in interstate travel;

(D) Engaged in any employment activity, pursuant to An Act To regulate the employment of minors within the District of Columbia, approved May 29, 1928 (45 Stat. 998; D.C. Code §36-501 et seq.), or going to, or returning home from, an employment activity, without any detour or stop;

(E) Involved in an emergency;

(F) On the sidewalk that abuts the minor's residence or that abuts the residence of a next-door neighbor if the neighbor did not complain to the Metropolitan Police Department about the minor's presence;

(G) In attendance at an official school, religious, or other recreational activity sponsored by the District of Columbia, a civic organization, or another similar entity that takes responsibility for the minor, or going to, or returning home from without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the District of Columbia, a civic organization, or another similar entity that takes responsibility for the minor, or

(H) Exercising First Amendment rights protected by the United States constitution, including free exercise of religion, freedom of speech, and the right of assembly.

(2) It is a defense to prosecution under subsection (a)(3) of this section that the owner, operator, or employee of an establishment promptly notified the Metropolitan Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstance, no defense in subsection (b) of this section is proffered or is present.

(2) [This is the second section numbered 2] If a police officer determines that a minor is committing a curfew offense, the police officer shall take the minor to the nearest available police district headquarters or substation or other area designated by the Metropolitan Police Department.

(3) A minor who violates this act shall be detained by the Metropolitan Police Department at the nearest available police district headquarters or substation or other area designated by the Metropolitan Police Department and released into the custody of the minor’s parent, guardian, or an adult person acting in loco parentis. The minor's parent or an adult person acting in loco parentis with respect to the minor shall be called to the police district headquarters or substation or other designated area to take custody of the minor. A minor who is released to a person acting in loco parentis with respect to the minor shall not be taken into custody for violation of this act while returning home with the person acting in loco parentis. If no one claims responsibility for the minor, the minor may be taken to the minor’s residence or placed in the custody of the appropriate official at the Family Services Administration of the Department of Human Services and, subsequently, released at 6:00 a.m. the following morning.

(d)(1) Any adult who violates a provision of this act is guilty of a separate offense for each day, or part of a day, during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500 or community service.

(2) Parents or persons in loco parentis of the minor may, upon each conviction for violating this act, be required to complete parenting classes pursuant to the Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977 (D.C. Law 2-22, D.C. Code §6-2101 et seq. ) or title 16 of the District of Columbia Code.

(3) When required by section 16-2302, charges brought under this act shall be transferred to the Family Division of the Superior Court of the District of Columbia.

(4) A minor adjudicated of a violation of this act by the Family Division of the Superior Court may be ordered to perform community service of up to 25 hours for each violation.

(e)(1) The Mayor shall report to the Council, not less than 90 days prior to the expiration of this act, on the curfew’s effectiveness and shall recommend that the curfew either be continued or discontinued.

(2) The Mayor shall include the following in the report required by this subsection:

(A) The number of minors detained and the number of persons fined as a result of a violation of this act;

(B) The number of criminal homicides and the other narcotic trafficking related crime of violence committed during the time that this act is in effect by age of persons involved and by time of day;

(C) The number of minors injured during the curfew hours as a result of crime and the cause of each injury; and

(D) the District’s net cost of enforcing the ordinance.

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Sec. 5. Driving restrictions for minors.

Section 7 of the District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat. 1121; D.C. Code §40-301), is amended by adding a new subsection (g) to read as follows:

“(g) No person under the age of 18 who has a valid District of Columbia drivers license hall operate a motor vehicle in the District of Columbia after midnight, except as provided in section 4 of the Juvenile Curfew Act of 1998. Violation of this section is punishable by the suspension of driving privileges for a period not to exceed 1 year.”

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Sec. 6.

(a) 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 Self-Government and Governmental Reorganization Act, approved December 24, 1973 (87 Stat. 813; 233(c)(1)), and publication in the District of Columbia Register.