[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5800 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5800
To amend the District of Columbia Home Rule Act to establish the Office
of the District Attorney for the District of Columbia, headed by a
locally elected and independent District Attorney, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 2006
Ms. Norton introduced the following bill; which was referred to the
Committee on Government Reform
_______________________________________________________________________
A BILL
To amend the District of Columbia Home Rule Act to establish the Office
of the District Attorney for the District of Columbia, headed by a
locally elected and independent District Attorney, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia District
Attorney Establishment Act of 2006''.
SEC. 2. ESTABLISHMENT OF OFFICE OF THE DISTRICT ATTORNEY FOR THE
DISTRICT OF COLUMBIA.
(a) In General.--Part F of title IV of the District of Columbia
Home Rule Act (sec. 1-204.91 et seq., D.C. Official Code) is amended by
adding at the end the following new section:
``office of the district attorney for the district of columbia
``Sec. 496. (a) Establishment.--There is hereby established the
Office of the District Attorney for the District of Columbia (hereafter
in this section referred to as the `Office'), to be headed by the
District Attorney for the District of Columbia (hereafter in this
section referred to as the `District Attorney').
``(b) General Powers and Duties.--The District Attorney shall be
the chief legal officer for the District of Columbia, and in the
performance of such duties shall--
``(1) prosecute the local criminal laws of the District of
Columbia, including violations committed by both adult and
juvenile offenders, and perform any related functions as
provided by local law in the District of Columbia; and
``(2) have the authority to perform civil enforcement and
other legal functions as provided by local law in the District
of Columbia.
``(c) General Qualifications.--
``(1) In general.--No individual may serve as District
Attorney unless the individual--
``(A) is a qualified elector;
``(B) is domiciled in the District;
``(C) has resided and been domiciled in the
District for at least one year immediately preceding
the day on which the general or special election for
such office is to be held;
``(D) holds no other public office for which he or
she is compensated in an amount in excess of his or her
actual expenses in connection therewith, except that
nothing in this clause shall prohibit any such
individual, while District Attorney, from serving as a
delegate or alternate delegate to a convention of a
political party nominating candidates for President and
Vice President of the United States, or from holding an
appointment in a Reserve component of an armed force of
the United States, other than a person serving on
active duty under a call for more than thirty days; and
``(E) is admitted to the practice of law in the
District, is registered with the District of Columbia
Bar as an active practitioner, and has not been and is
currently not disbarred or suspended from practice in
any jurisdiction..
``(2) Restrictions on private practice.--The District
Attorney shall devote full time to the duties of the office and
shall not directly or indirectly engage in the private practice
of law.
``(3) Forfeiture of office.--The District Attorney shall
forfeit the office upon failure to maintain the qualifications
required by this subsection.
``(d) Elections; Filling Vacancies; Initial Appointment.--
``(1) Elections.--The District Attorney shall be elected on
a partisan basis by the registered qualified electors of the
District. The term of office of the District Attorney shall be
four years, except as provided in paragraph (3), and shall
begin at noon on January 2 of the year following the election.
The District Attorney's term of office shall coincide with the
term of the Mayor. The first election for the District Attorney
shall take place in 2008.
``(2) Vacancies.--To fill a vacancy for the position of
District Attorney, the Board of Elections and Ethics shall hold
a special election in the District on the first Tuesday
occurring more than one hundred and fourteen days after the
date on which such vacancy occurs, unless the Board of
Elections and Ethics determines that such vacancy could be more
practically filled in a special election held on the same day
as the next general election to be held in the District
occurring within sixty days of the date on which a special
election would otherwise have been held under the provisions of
this subsection. The person shall take office on the day in
which the Board of Elections and Ethics certifies his or her
election and shall serve as District Attorney only for the
remainder of the term during which such vacancy occurred.
``(3) Initial appointment.--Not later than 30 days after
the date of the enactment of the District of Columbia District
Attorney Establishment Act of 2006, the Mayor, by resolution,
shall appoint a District Attorney who shall serve until
succeeded by an elected District Attorney. The proposed
resolution shall be submitted to the Council for a 30-day
period of review, excluding days of Council recess. If the
Council does not approve or disapprove the proposed resolution
within the 30-day review period, the resolution shall be deemed
approved.''.
(b) Clerical Amendment.--The table of sections of part F of title
IV of the District of Columbia Home Rule Act is amended by adding at
the end the following new item:
``Sec. 496. Office of the District Attorney for the District of
Columbia.''.
SEC. 3. RESPONSIBILITY OF DISTRICT ATTORNEY FOR THE DISTRICT OF
COLUMBIA FOR CONDUCT OF ALL PROSECUTIONS.
(a) In General.--Section 23-101, D.C. Official Code, is amended by
striking subsections (a) through (f) and inserting the following:
``(a) Prosecutions for violations of all police or municipal
ordinances or regulations of the District of Columbia and for
violations of all penal statutes of the District of Columbia in the
nature of police or municipal regulations shall be conducted in the
name of the District of Columbia by the District Attorney for the
District of Columbia or the District Attorney's assistants, except as
may otherwise be provided in any such ordinance, regulation, or
statute.
``(b) An indictment or information brought in the name of the
United States in the United States District Court for the District of
Columbia may include charges of offenses prosecutable by the District
of Columbia if the District Attorney for the District of Columbia
consents to the inclusion of such charges in writing.
``(c) An indictment or information brought in the name of the
District of Columbia in the Superior Court of the District of Columbia
may be joined for trial in the United States District Court for the
District of Columbia with an indictment or information brought in that
court if the offenses charged therein could have been joined in the
same indictment or information and if the District Attorney for the
District of Columbia consents to such joinder.
``(d) Nothing in this section shall affect the authority of the
Attorney General of the United States or the United States Attorney for
the District of Columbia to exercise jurisdiction concerning violations
of the laws of the United States.''.
(b) Conforming Amendments.--
(1) Appeals.--Section 23-104, D.C. Official Code, is
amended by striking ``Corporation Counsel'' each place it
appears in subsections (a)(1), (b), and (d), and inserting
``District Attorney for the District of Columbia''.
(2) Proceedings to establish previous convictions.--Section
23-111(a)(1), D.C. Official Code, is amended by striking
``Corporation Counsel'' and inserting ``District Attorney for
the District of Columbia''.
(3) Definition of prosecutor.--Section 23-501, D.C.
Official Code, is amended by striking ``Corporation Counsel of
the District of Columbia'' and inserting ``District Attorney
for the District of Columbia''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to violations of District of Columbia ordinances,
regulations, and statutes which occur after the expiration of the 6-
month period which begins on the date of the enactment of this Act.
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