Disapproving The Action Of The District Of Columbia Council In Approving The Revised Criminal Code Act Of 2022
Mr. Speaker, pursuant to House Resolution 97, I call up the joint resolution (H.J. Res. 26) disapproving the action of the District of Columbia Council in approving the Revised Criminal Code Act of 2022, and ask for its immediate…
Mr. Speaker, pursuant to House Resolution 97, I call up the joint resolution (H.J. Res. 26) disapproving the action of the District of Columbia Council in approving the Revised Criminal Code Act of 2022, and ask for its immediate consideration.
Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the measure under consideration.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, today I rise in support of Representative Clyde's H.J. Res. 26, a resolution disapproving the District of Columbia's Revised Criminal Code Act of 2022.
There is a crime crisis in America's Capital City. According to the D.C. Metropolitan Police Department, carjackings in the District have increased by 90 percent compared to this time last year. Total property crime is up 31 percent, and homicides are up 29 percent. In fact, D.C. is currently on track to have the most homicides since 1995.
But the radical D.C. Council has chosen to prioritize legislation that will turn this crime crisis into a catastrophe. The D.C. Council's progressive soft-on-crime legislation eliminates almost all the mandatory minimum sentencing requirements for violent crimes, and it drastically reduces the maximum penalties allowable to the courts. These changes further embolden criminals to run rampant throughout the District of Columbia.
The act also grants the right to a jury trial for most misdemeanor offenses. The D.C. court system is already overloaded. This change will burden the D.C. court system even more, reducing the resources devoted to hearing cases for serious felony offenses.
The D.C. Council's legislation is eroding an individual's right to a fair and speedy trial granted them through our Constitution.
All Americans should feel safe in their Capital City, but they don't because of D.C. Democrats' leniency toward criminals at the expense of Americans' safety.
Ensuring public safety and addressing crime is a cornerstone of the House Republicans' policy agenda. In November of last year, Americans voted for a new majority in the House--a new majority that will address crime head-on to ensure a nation that is safe.
This D.C. Council legislation is a brazen rejection of law and order. Ignoring the high rates of criminality in the District and doubling down on leniency for society's violent criminals is a dereliction of duty. This terrible policy will impact anyone who sets foot in the District of Columbia, including residents, the commuting workforce, Federal Government officials, foreign dignitaries, and Americans visiting their Nation's Capital.
If the D.C. Council wants to continue to skirt its responsibility to the people, then they will have to answer to this Congress.
It should be noted that we in Congress are not alone. The D.C. Police Union, representing 3,500 members, and the National Fraternal Order of Police are strongly in favor of H.J. Res. 26 stating in a recent letter to Congress that the D.C. act ``will embolden criminals, dramatically increase crime and violence, and render police officers in the District of Columbia virtually powerless to adequately police the city and keep its residents and visitors safe.''
This resolution is also endorsed by the National Association of Police Organizations representing over 241,000 law enforcement officials across America and the Federal Law Enforcement Officers Association.
Additionally, on January 4, Washington, D.C., Mayor Muriel Bowser took the extraordinary step of vetoing this legislation, calling the proposals controversial and stating that the act does not make the District of Columbia safer.
Mayor Bowser's bold executive veto sent a strong message that the policy proposals of this bill are simply unworkable and unsafe for the District. There may not be much Mayor Bowser and I have agreed on in the past, but today we are on the same page.
Mr. Speaker, I call on my colleagues to join me in supporting Mr. Clyde's resolution disapproving of the D.C. Revised Criminal Code Act of 2022. We must ensure these terrible criminal code reforms are not put into place.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, it appears my Democratic colleagues would rather disregard their statutory responsibility in the Home Rule Act. How convenient to pick and choose when to do their duty.
Mr. Speaker, I yield 5 minutes to the gentleman from Georgia (Mr. Clyde) who is the sponsor of the resolution.
Mr. Speaker, I yield 1 minute to the gentleman from California (Mr. McCarthy), the Speaker of the House.
Mr. Speaker, I yield myself such time as I may consume.
I feel compelled to respond. These resolutions have been called paternalistic. However, the last time Congress passed a joint resolution of disapproval was all the way back in 1990, my senior year in high school--I am 50 years old, Mr. Speaker--over 30 years ago.
Congress does not act upon D.C. legislation unless it is absolutely necessary, and that is what we are faced with today.
Mr. Speaker, I yield 3 minutes to the gentleman from New York (Mr. Lawler).
Mr. Speaker, I am pretty sure we haven't had a carjacking in my congressional district in several years. If someone thought about carjacking a vehicle in my district, it probably wouldn't end well for them. I don't think this has anything to do with this important bill in a city that has been ravaged with crime and carjackings every day.
Mr. Speaker, I yield 3 minutes to the gentleman from New York (Mr. D'Esposito).
Mr. Speaker, I yield an additional 30 seconds to the gentleman from New York.
Mr. Speaker, I yield 1 minute to the gentleman from Louisiana (Mr. Scalise).
Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I include in the Record four letters of support for this resolution, letters from the D.C. Police Union, National Fraternal Order of Police, National Association of Police Organizations, and the Federal Law Enforcement Officers Association.
DC Police Union,
Washington, DC, February 6, 2023.
Speaker Kevin McCarthy,
House of Representatives,
Washington, DC.
Dear Speaker McCarthy: I am writing as Chairman of the
Fraternal Order of Police, Metropolitan Police Department
Labor Committee, D.C. Police Union (``D.C. Police Union'')
and on behalf of the nearly 3,500 members of the D.C. Police
Union regarding in support of the disapproval resolution
regarding a dangerous law that the D.C. Council has passed
that will embolden criminals, dramatically increase crime,
and render police officers in the District powerless to
adequately police the City.
On January 17, 2023, the D.C. Council overrode Mayor Muriel
Bowser's veto of the Revised Criminal Code Act of 2022 (the
``RCCA''). The RCCA eliminates mandatory minimum sentences
for all crimes, drastically reduces the maximum penalties for
crimes such as carjacking, and eliminates accomplice
liability for felony murder. The provisions in this bill will
create lawlessness, prevent police from holding criminals
accountable, and increase the number of officers who leave
the department.
The RCCA Eliminates Mandatory Minimum Sentences and Dramatically
Reduces Statutory Maximum Sentences
The RCCA eliminates all mandatory minimum sentences in the
District and dramatically reduces the statutory maximum
sentence which may be imposed for nearly all crimes. This
reckless legislation brings the District into uncharted and
dangerous territory. Indeed, the Council has conceded that
``no U.S. jurisdiction has entirely eliminated mandatory
minimums.'' Despite this, the Council has persisted in its
irresponsible encouragement of lawlessness in the District.
The RCCA promotes crime by eliminating the certainty of
punishment for offenders through the elimination of mandatory
minimums while simultaneously stripping judges of the ability
to impose a punishment that matches the severity of the
offense through the dramatic reduction in statutory maximums.
Elimination of Accomplice Liability for Felony Murder Prosecutions
Section 22A-2201 of the RRCA eliminates accomplice
liability for felony murder prosecutions in the District.
Accomplice liability for felony murder is critical in
establishing liability across multiple perpetrators when
evidence is otherwise unable to prove which perpetrator
committed the ``lethal act.'' By eliminating accomplice
liability, the RCCA ensures that police and prosecutors will
be unable to hold the most violent and dangerous criminals
accountable.
Reduction in Penalties for Carjacking
The RCCA dramatically decreases the penalties for
carjackings, despite the fact that carjackings have spiked in
the District over the past two years. The RCCA endangers
District residents and encourages lawlessness by reducing the
penalties for carjacking offenses. Doing so also removes a
critical degree of discretion from judges who, previously,
were given proper latitude to craft a punishment that fit the
severity of the crime.
Requirement of MPD Officers to Undergo an Indeterminate Amount of
Extensive Training
The sweeping changes to the criminal code in the RCCA will
require D.C. police officers to receive extensive training
and learn and entirely new criminal code in the District. The
extensive retraining and overtime that will be required comes
at a time when the number of officers in the District is at
historical lows as a result of anti-police legislation passed
by the Council. The RCCA will undoubtedly take a further toll
of D.C. police officers and accelerate the current exodus of
officers from the District.
This anti-police, pro-crime law will create a mass exodus
of police officers from the District and will unquestionably
make the District of Columbia more dangerous for citizens who
live in the District, individuals who work in the District,
and tourists that travel to the District. As a result, the
D.C. Police Union strongly urges the House Oversight and
Accountability Committee to take all action necessary to
prevent this reckless legislation from becoming law.
Respectfully,
Greggory Pemberton,
Chairman, D.C. Police Union.
The D.C. Revised Criminal Code Act of 2022 is irresponsible. It is dangerous. It is playing with the livelihoods of all who live in or visit D.C. by gutting the local justice system and allowing emboldened criminals to remain on the streets.
This Congress must swiftly exercise its constitutional role concerning the District of Columbia and reject this misguided legislation from going into effect.
I urge my colleagues on both sides of the aisle to unite in support of law and order and support this necessary resolution of disapproval.
Mr. Speaker, I yield back the balance of my time.