Code of the District of Columbia

Part A. General — Metropolitan Police Department.


§ 5–113.01. Records — Required.

(a) The Mayor of the District of Columbia shall cause the Metropolitan Police force to keep the following records:

(1) General complaint files, in which shall be entered every complaint preferred upon personal knowledge of the circumstances thereof, with the name and residence of the complainant;

(2) Records of lost, missing, or stolen property;

(3) A personnel record of each member of the Metropolitan Police force, which shall contain his name and residence; the date and place of his birth; his marital status; the date he became a citizen, if foreign born; his age; his former occupation; and the dates of his appointment and separation from office, together with the cause of the latter;

(4) Arrest books, which shall contain the following information:

(A) Case number, date of arrest, and time of recording arrest in arrest book;

(B) Name, address, date of birth, color, birthplace, occupation, and marital status of person arrested;

(C) Offense with which person arrested was charged and place where person was arrested;

(D) Name and address of complainant;

(E) Name of arresting officer; and

(F) Disposition of case;

(4A) The Metropolitan Police force shall maintain a computerized record of a civil protection order or bench warrant issued as a result of an intrafamily offense;

(4B) Records of stops, including:

(A) The date, location, and time of the stop;

(B) The approximate duration of the stop;

(C) The traffic violation or violations alleged to have been committed that led to the stop;

(D) Whether a search was conducted as a result of the stop;

(E) If a search was conducted:

(i) The reason for the search;

(ii) Whether the search was consensual or nonconsensual;

(iii) Whether a person was searched, and whether a person’s property was searched; and

(iv) Whether any contraband or other property was seized in the course of the search;

(F) Whether a warning, safety equipment repair order, or citation was issued as a result of a stop and the basis for issuing such warning, order, or citation;

(G) Whether an arrest was made as a result of either the stop or the search;

(H) If an arrest was made, the crime charged;

(I) The gender of the person stopped;

(J) The race or ethnicity of the person stopped; and

(K) The date of birth of the person stopped.

(4C) Use of force incidents, including:

(A) The total number of use of force incidents and the type of force used;

(B) The total number of officers involved in each use of force incident;

(C) The total number of persons involved in each use of force incident;

(D) The number of civilian complaints filed with the Metropolitan Police Department for excessive use of force, by police district, and the outcome of each complaint, including disciplinary actions;

(E) If an arrest was made, the crime charged;

(F) The gender, race, age, and ethnicity of each person involved in a use of force incident; and

(G) The gender, race, age, and ethnicity of any officer involved in a use force incident; and

(4D) For the purposes of this section, the terms "contact", "frisk", and "stop" shall have the meanings ascribed in Metropolitan Police Department General Order 304.10; and

(5) Such other records as the Council of the District of Columbia considers necessary for the efficient operation of the Metropolitan Police force.

(b) The Metropolitan Police force shall cooperate with the Criminal Justice Coordinating Council by sharing records to the extent otherwise permissible under the law for the purpose of preparing the report described in § 22-4234(b-3).


(R.S., D.C., § 386; June 11, 1878, 20 Stat. 107, ch. 180, § 6; June 29, 1953, 67 Stat. 99, ch. 159, title III, § 301(a); Aug. 20, 1954, 68 Stat. 755, ch. 778, § 1; Apr. 30, 1991, D.C. Law 8-261, § 4, 37 DCR 5001; June 30, 2016, D.C. Law 21-125, § 209, 63 DCR 4659; Apr. 4, 2017, D.C. Law 21-238, § 303, 63 DCR 15312.)

Prior Codifications

1981 Ed., § 4-131.

1973 Ed., § 4-134.

Section References

This section is referenced in § 5-113.02, § 5-113.06, and § 7-1706.

Cross References

Environmental controls, smoking restrictions, fines and penalties, see § 7-1706.

Applicability

Section 7026 of D.C. Law 22-33 amended § 701(a) of D.C. Law 21-238, removing the applicability restriction impacting this section. Therefore the changes made to this section by D.C. Law 21-238 have been implemented.

Section 7014 of D.C. Law 22-33 repealed § 901 of D.C. Law 21-125. Therefore the changes made to this section by D.C. Law 21-125 have been implemented.

Applicability of D.C. Law 21-238: § 701 of D.C. Law 21-238 provided that the change made to this section by § 303 of D.C. Law 21-238 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 3102(b) of D.C. Law 21-160 amended section 901(a) of D.C. Law 21-125, removing the subject to funding requirement. Therefore the changes made to this section by D.C. Law 21-125 have been given effect.

Applicability of D.C. Law 21-125: § 901 of D.C. Law 21-125 provided that the change made to this section by § 209 of D.C. Law 21-125 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of § 701|(a) of D.C. Law 21-238, see § 7026 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 901 of D.C. Law 21-125, see § 7014 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of § 701|(a) of D.C. Law 21-238, see § 7026 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) repeal of § 901 of D.C. Law 21-125, see § 7014 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(98) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 5–113.02. Records — Criminal offenses.

(a) In addition to the records kept under § 5-113.01, the Metropolitan Police force shall keep a record of each case in which an individual in the custody of any police force or of the United States Marshal is charged with having committed a criminal offense in the District (except those traffic violations and other petty offenses to which the Council of the District of Columbia determines this section should not apply). The record shall show:

(1) The circumstances under which the individual came into the custody of the police or the United States Marshal;

(2) The charge originally placed against him, and any subsequent changes in the charge (if he is charged with murder, manslaughter, or causing the death of another by the operation of a vehicle at an immoderate speed or in a careless, reckless, or negligent manner, the charge shall be recorded as “homicide”);

(3) If he is released (except on bail) without having his guilt or innocence of the charge determined by a court, the circumstances under which he is released;

(4) If his guilt or innocence is so determined, the judgment of the court;

(5) If he is convicted, the sentence imposed; and

(6) If, after being confined in a correctional institution, he is released therefrom, the circumstances of his release.

(b) The Attorney General, the Corporation Counsel, the United States Magistrate for the District, the Clerk of the District Court, the Clerk of the Superior Court of the District of Columbia, and the Director of the Department of Corrections shall furnish the Chief of Police with such information as the Mayor of the District of Columbia considers necessary to enable the Metropolitan Police force to carry out this section.


(June 29, 1953, 67 Stat. 100, ch. 159, title III, § 302; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a).)

Prior Codifications

1981 Ed., § 4-132.

1973 Ed., § 4-134a.

Section References

This section is referenced in § 7-1706.

Cross References

Environmental controls, smoking restrictions, fines and penalties, see § 7-1706.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(99) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 5–113.03. Reports by other police.

Reports shall be made to the Chief of Police, in accordance with regulations prescribed by the Mayor of the District of Columbia, of each offense reported to, and each arrest made by, any other police force operating in the District.


(June 29, 1953, 67 Stat. 100, ch. 159, title III, § 303.)

Prior Codifications

1981 Ed., § 4-133.

1973 Ed., § 4-134b.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 5–113.04. Participation of District of Columbia Metropolitan Police Department in the National Crime Information System.

(a) Dissemination of adult arrest records to law enforcement agents. —

(1) Notwithstanding any other provision of law, the Metropolitan Police Department of the District of Columbia shall disseminate its unexpurgated adult arrest records to members of the court and law enforcement agents, including the Identification Division of the Federal Bureau of Investigation. Such dissemination shall be done without cost and without the authorization of the persons to whom such records relate.

(2) Any records disseminated under this section shall be used in a manner that complies with applicable federal law and regulations.

(b) Definitions. — For purposes of this section:

(1) The term “member of the court” shall include judges, prosecutors, defense attorneys (with respect to the records of their client defendants), clerks of the court, and penal and probation officers.

(2) The term “law enforcement agent” shall include police officers and federal agents having the power to arrest.

(3) The term “unexpurgated adult arrest records” shall include arrest fingerprint cards.


(Dec. 12, 1989, 103 Stat. 1903, Pub. L. 101-223, § 7.)

Prior Codifications

1981 Ed., § 4-133.1.


§ 5–113.05. Notice of release of prisoners.

(a) Whenever the Board of Parole of the District of Columbia has authorized the release of a prisoner under § 24-404, or the United States Board of Parole has authorized the release of a prisoner under § 24-406, it shall notify the Chief of Police of that fact as far in advance of the prisoner’s release as possible.

(b) Except in cases covered by subsection (a) of this section, notice that a prisoner under sentence of 6 months or more is to be released from an institution under the management and regulation of the Director of the Department of Corrections shall be given to the Chief of Police as far in advance of the prisoner’s release as possible.


(June 29, 1953, 67 Stat. 100, ch. 159, title III, § 304.)

Prior Codifications

1981 Ed., § 4-134.

1973 Ed., § 4-134c.


§ 5–113.06. Records open to public inspection.

(a) Except as provided in subsection (c) of this section, the records to be kept by paragraphs (1), (2), and (4) of § 5-113.01 shall be open to public inspection when not in actual use, and this requirement shall be enforceable by mandatory injunction issued by the Superior Court of the District of Columbia on the application of any person.

(b) The name, address, date of birth, occupation, and photograph of any person convicted of a violation of Chapter 27 of Title 22, shall be made available to the public upon written request, in exchange for a reasonable fee established by the Mayor or his or her designee.

(c) Repealed.

(d) Notwithstanding subsections (a) and (b) of this section, the actual addresses of participants in the Address Confidentiality Program established by § 4-555.02, shall be withheld from public inspection.


(R.S., D.C., § 389; June 29, 1953, 67 Stat. 99, ch. 159, title III, § 301(b); Aug. 20, 1954, 68 Stat. 755, ch. 778, § 2; July 29, 1970, 84 Stat. 571, Pub. L. 91-358, title I, § 155(c)(13); Oct. 25, 1972, 86 Stat. 1108, Pub. L. 92-543, § 1; May 24, 1996, D.C. Law 11-130, § 2, 43 DCR 1570; July 25, 2006, D.C. Law 16-144, § 3, 53 DCR 2838; Mar. 5, 2013, D.C. Law 19-207, § 2, 59 DCR 12507; July 3, 2018, D.C. Law 22-118, § 203, 65 DCR 5064.)

Prior Codifications

1981 Ed., § 4-135.

1973 Ed., § 4-135.

Effect of Amendments

D.C. Law 16-144, in subsec. (a), substituted “Except as provided in subsection (c) of this section, the records” for “The records”; and added subsec. (c).

The 2012 amendment by D.C. Law 19-207 repealed (c).

Applicability

Section 7035 of D.C. Law 22-168 repealed § 301 of D.C. Law 22-118 removing the applicability restriction impacting this section. Therefore the amendments made to this section by D.C. Law 22-118 have been given effect.

Applicability of D.C. Law 22-118: § 301 of D.C. Law 22-118 provided that the change made to this section by § 203 of D.C. Law 22-118 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary amendment of section, see § 2 of the Safe Streets Anti-Prostitution Emergency Amendment Act of 1996 (D.C. Act 11-252, April 15, 1996, 43 DCR 2139).


§ 5–113.07. Preservation and destruction of records.

All records of the Metropolitan Police Department shall be preserved, except that the Mayor, upon recommendation of the Chief of the Metropolitan Police Department and only pursuant to part B of this subchapter, may cause records which the Metropolitan Police Department considers to be obsolete or of no further value to be destroyed.


(R.S., D.C., § 390; June 11, 1878, 20 Stat. 107, ch. 180, § 6; June 29, 1953, 67 Stat. 99, ch. 159, title III, § 301(c); July 15, 2004, D.C. Law 15-174,§ 302, 51 DCR 3677; Apr. 13, 2005, D.C. Law 15-354, § 88, 52 DCR 2638; Mar. 2, 2007, D.C. Law 16-191, § 24, 53 DCR 6794.)

Prior Codifications

1981 Ed., § 4-137.

1973 Ed., § 4-137.

Effect of Amendments

D.C. Law 15-174 rewrote the section which had read as follows: “All records of the Metropolitan Police force shall be preserved, except that the Mayor of the District of Columbia, upon recommendation of the Chief of Police, may cause records which it considers to be obsolete or of no further value to be destroyed.”

D.C. Law 15-354 validated a previously made technical correction.

D.C. Law 16-191 validated a previously made technical correction.

Editor's Notes

Office of Major and Superintendent of Metropolitan Police abolished: See Historical and Statutory Notes following § 5-105.01.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.