Corporation Counsel Subpoena Authority Act of 2001
Bill 14-321

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Chairman Linda W. Cropp, at the request of the Mayor, introduced the following bill, which was referred to the Committee on the Judiciary.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,

That this act may be cited as the ""Corporation Counsel Subpoena Authority Act of 2001 ".

Sec. 2. (a) When conducting any criminal or delinquency investigation, the Corporation Counsel, or his or her designee, may issue subpoenas for witnesses to appear and be examined under oath and/or to produce any books, papers, documents, or other objects designated therein or any other record however maintained, including those electronically stored, that are relevant or material to the investigation.

(b) Witnesses, other than those employed by the District of Columbia, summoned under subsection (a) of this section shall be paid the same fees and mileage that witnesses are paid in the Superior Court of the District of Columbia, but the fees need not be tendered to the witnesses before they appear and are examined under oath or produce books, records, papers, documents or other objects.

(c) Any willful false swearing on the part of any witness who has been examined under oath about a material fact pursuant to a subpoena issued pursuant to subsection (a) of this section shall be subject to prosecution pursuant to the District of Columbia Theft and White Collar Crimes Act of 1982, effective December 1, 1982, D.C. Law 4-164, D.C. Code § 22-2511 et seq.

(d) If any witness having been personally summoned shall neglect or refuse to obey the subpoena, the Corporation Counsel, or his or her designee, may report that fact to the Superior Court of the District of Columbia. The Superior Court may compel obedience to the subpoena to the same extent as witnesses may be compelled to obey the subpoenas of that court.

(e) The Corporation Counsel, or his or her designee, may administer oaths to witnesses summoned in any investigation under subsection (a) of this section.

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.

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SECTION-BV-SECTION ANALYSIS

Sec. 2(a) - Grants the Corporation Counsel or his or her designee the authority to issue subpoenas when conducting any criminal or delinquency investigation for witnesses to appear and be examined under oath and/or to produce any records, documents or other objects that are relevant to the investigation.

Sec. 2(b) - Requires that witnesses, other than District employees, summoned under subsection (a) be paid the same fees and mileage that witnesses are paid in Superior Court.

Sec. 2(c) - Provides that any willful false swearing by any witness about a material fact shall be subject to prosecution pursuant to the District of Columbia Theft and White Collar Crimes Act of 1982.

Sec. 2(d) - Provides that the Corporation Counsel or his or her designee may report to the Superior Court if any witness neglects or refuses to obey the subpoena, and provides that the Superior Court may compel obedience to the subpoena.

Sec. 2(e) - Provides that the Corporation Counsel or his or her designee may administer oaths to the witnesses.

Sec. 3 - Provides that the Council adopts the fiscal impact statement in the committee report.

Sec. 4 - Provides the effective date for the legislation.