Pretrial Release Amendment Act of 1999
Bill 13-136

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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.