Public Hearing on
“Omnibus Public Safety Act of 2005,” Bill 16-247
“Criminal Code Reform Commission Establishment Act,” Bill 16-172
“Criminal Code Modernization Amendment Act,” Bill 16-130
Finally, I would like to also briefly mention the two other bills before the Judiciary Committee. The “Criminal Code Reform Commission Establishment Act” would be an important tool for ensuring that the District’s criminal code is consistent and rational, and I support the establishment of the Commission. I would, however, also caution that the responsibility and workload of the commission would be considerable, and nine months may be too short a timeline to ensure a thorough review and the best recommendations.
As for the “Criminal Code Modernization Act,” one section of this bill causes particular concern. Section 2 would amend the statute so that it would only be a crime to make lewd, obscene, or indecent sexual proposals to children under the age of 16 and to certain persons suffering from mental illness. I do not believe that such behavior is ever acceptable, no matter who it is directed at. Moreover, this change would remove an important tool for addressing prostitution, as the current statute enables MPD to arrest a person who solicits indecent exposure as a means of testing whether a prospective customer is a police officer. Prostitutes have learned to differentiate between customers and undercover police officers because the officers will not expose themselves before proceeding to negotiations for a sexual act. If there is no negotiation for a sexual act, then there can be no arrest for solicitation of prostitution, and, if this bill is passed as is, there could be no arrest for soliciting indecent exposure. This change would severely hamper the District’s ability to address the sex trade.
Thank you again for the opportunity to testify in support of the Omnibus Public Safety Act of 2005. My staff and I would be happy to address any questions you may have.
