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Juvenile Justice and Parental Accountability Amendment Act of 2003
Bill 15-460

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Councilmember Kevin P. Chavous

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Councilmember Kevin P. Chavous introduced the following bill, which was referred to the Committee on Public Works and the Environment. 

To amend the District of Columbia Traffic Act of 1925 to allow the Mayor to suspend a parent or legal guardian’s driver’s license if a child under their care is adjudicated delinquent; to amend section 3(1) of Juvenile Curfew Act of 1995 to establish new times for juvenile curfew; to amend Title 16 of the District of Columbia Official Code to allow the release of juvenile records for the purpose of determining parental eligibility for assisted housing, allow a victim of a juvenile crime to learn of the disposition of the juvenile case, and reduce the age for a child to be tried as an adult; to require the Mayor to fine parents whose child is adjudicate delinquent; and to require the Mayor to submit a plan for the creation of a “Safe Haven” for troubled youth.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Juvenile Justice and Parental Accountability Amendment Act of 2003”.

Sec. 2. The District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat.1119; D.C. Code § 50-2201.01, passim), is amended by adding a new section 13c to read as follows:

“Sec. 13c. The Mayor may suspend for a period of between 2 weeks and 6 months the operator’s permit of the parent or legal guardian of a child adjudicated delinquent depending on the severity of the crime committed by the child or the number of crimes committed by the child.”

Sec. 3. Section 3(1) of Juvenile Curfew Act of 1995, effective September 20, 1995 (D.C. Law 11-48; D.C. Official Code § 2-1542(1), is amended to read as follows: 

“(1) "Curfew hours" means from 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday, until 6:00 a.m. on the following day, and from 11:00 p.m. on any Saturday or Sunday, until 6:00 a.m. on the following day.”.  

Sec. 4. Section 16-2331 of the District of Columbia Official Code is amended by adding a new subsection (c-1) to read as follows: 

“(c-1)(1) Notwithstanding subsection (b) of this section, records of juvenile arrest and adjudication may be shared amongst the Metropolitan Police Department, the D.C. Superior Court, the Department of Human Services, and the D.C. Housing Authority for the express purpose of determining parental eligibility for assisted housing. 

“(2) Victims of crimes committed by a juvenile may learn the release or detention status of the juvenile offender pre-adjudication and post adjudication. The victim may not learn about details of the disposition, social records information, or mental health information of the juvenile.”. 

Sec. 5. Section 16-2307(e-2) of the District of Columbia Official Code is amended as follows: 

(1) Paragraph (4) is amended by striking the phrase “felony and” and inserting the phrase “felony or” in its place. 

Sec. 6. The Mayor shall fine a parent or legal guardian of a child adjudicated delinquent. The fine shall be levied as follows: 

(1) $150 for the first adjudication delinquent; 

(2) $250 for the second adjudication delinquent; and 

(3) $500 for the third and subsequent adjudications delinquent.

Sec. 7. The Mayor shall submit to the Council a plan for the creation of a “Safe Haven” for persons in need of supervision and adjudicated youth for non-violent crimes. The plan shall include the location of the facility, cost of the construction, and core treatment modalities available to the youth. In developing the plan, the Mayor shall engage all relevant stakeholders who deal with juvenile offenders, including government officials, child advocates, victims rights advocates, and social service providers. The plan shall be submitted to the Council no later than 90 days after the date of enactment. 

Sec. 8. 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. Official Code § 1-206.02(c)(3)). 

Sec. 9. Effective date. 

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), 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. Official Code §1-206.02(c)(1)), and publication in the District of Columbia Register. 

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