codification of title 23 of district of columbia code

codification of title 23 of district of columbia code Sec. 210. (a) The general and permanent laws of the District of Columbia relating to criminal procedure are revised, codified, and enacted as title 23 of the District of Columbia Code, “Criminal Procedure”, and may be cited “D.C. Code. sec.”, as follows: “TITLE 23— CRIMINAL PROCEDURE “Chap.Sec. “1. General Provisions23–101 “3. Indictments and Informations23–301 “5. Warrants and Arrests23–501 “7. Extradition and Fugitives from Justice23–701 “9. Fresh Pursuit23–901 “11. Professional Bondsmen23–1101 “13. Bail Agency and Pretrial Detention23–1301 “15. Out-of-State Witnesses23–1501 “17. Death Penalty23–1701 “Chapter 1— GENERAL PROVISIONS “Sec. “23–101. Conduct of prosecutions. “23–102. Abandonment of prosecution; enlargement of time for taking action. “23–103. Statements prior to sentence. “23–104. Appeals by United States and District of Columbia. “23–105. Challenges to jurors. “23–106. Witnesses for defense; fees. “23–107. Discharge or acquittal of joint defendant during trial in order to be witness. “23–108. Depositions. “23–109. Powers of investigators assigned to United States attorney. “23–110. Remedies on motion attacking sentence. “23–111. Proceedings to establish previous convictions. “23–112. Consecutive and concurrent sentences. “§ 23–101. Conduct of prosecutions “(a) Prosecutions for violations of all police or municipal ordinances or regulations and for violations of all penal statutes in the nature of police or municipal regulations, where the maximum punishment is a fine only, or imprisonment not exceeding one year, shall be conducted in the name of the District of Columbia by the Corporation Counsel for the District of Columbia or his assistants, except as otherwise provided in such ordinance, regulation, or statute, or in this section. 84 Stat. 605 “(b) Prosecutions for violations of section 6 of the Act of July 29, 1892 (D.C. Code. sec. 22–1107), relating to disorderly conduct, and for violations of section 9 of that Act (D.C. Code. sec. 22–1112), relating to lewd, indecent, or obscene acts, shall be conducted in the name of the District of Columbia by the Corporation Counsel or his assistants. “(c) All other criminal prosecutions shall be conducted in the name of the United States by the United States attorney for the District of Columbia or his assistants, except as otherwise provided by law. “(d) An indictment or information brought, in the name of the United States may include, in addition to offenses prosecutable by the United States, offenses prosecutable by the District of Columbia, and such prosecution may be conducted either solely by the Corporation Counsel or his assistants or solely by the United States attorney or his assistants if the other prosecuting authority consents. “(e) Separate indictments or informations, or both, charging offenses prosecutable by the District of Columbia and by the United States may be joined for trial if the offenses charged therein could have been joined in the same indictment. Such prosecution may be conducted either solely by the Corporation Counsel or his assistants or solely by the United States attorney or his assistants if the other prosecuting authority consents. “(f) If in any case any question shall arise as to whether, under this section, the prosecution should be conducted by the Corporation Counsel or by the United States attorney, the presiding judge shall forthwith, either on his own motion or upon suggestion of the Corporation Counsel or the United States attorney, certify the case to the District, of Columbia Court of Appeals, which court shall hear and determine the question in a summary way. In every such case the defendant or defendants shall have the right to be heard in the District of Columbia Court of Appeals. The decision of such court shall be final. “§ 23–102. Abandonment of prosecution; enlargement of time for taking action “If any person charged with a criminal offense shall have been committed or held to bail to await the action of the grand jury and within nine months thereafter the grand jury shall not have taken action on the case, either by ignoring the charge or by returning an indictment, the prosecution of such charge shall be deemed to have been abandoned and the accused shall be set free or his bail discharged, as the case may lie: but, the court having jurisdiction to try the offense for which the person has been committed, when practicable and upon good cause shown in writing and upon due notice to the accused, may from time to time enlarge the time for the taking action in such case by the grand jury. “§ 23–103. Statements prior to sentence “Before imposing sentence the court may disclose to the defendant’s counsel and to the prosecuting attorney, but not to one and not the other, all or part of any presentencing report submitted to the court in the case. The court also prior to imposing sentence shall afford counsel an opportunity to speak on behalf of the defendant and shall address the defendant personally and ask him if he wishes to make a statement in his own behalf and to present any information in mitigation of punishment. At anytime when the defendant or his counsel addresses the court on the sentence to be imposed, the prosecuting attorney shall, if he wishes, have an equivalent opportunity to address the court and to make a recommendation to the court, on the sentence 84 Stat. 606to be imposed and to present information in support of bis recommendation, Such information as the defendant or his counsel or the prosecuting attorney may present shall at all times be subject to the applicable rules of mutual discovery. “§ 23–104. Appeals by United States and District of Columbia “(a) (1) The United States or the District of Columbia may appeal an order, entered before the trial of a person charged with a criminal offense, which directs the return of seized property, suppresses evidence, or otherwise denies the prosecutor the use of evidence at trial, if the United States attorney or the Corporation Counsel conducting the prosecution for such violation certifies to the judge who granted such motion that the appeal is not taken for purpose of delay and the evidence is a substantial proof of the charge pending against the defendant. “(2) A motion for return of seized property or to suppress evidence shall be made before trial unless opportunity therefor did not exist or the defendant was not aware of the grounds for the motion. “(b) The United States or the District of Columbia may appeal a ruling made during the trial of a person charged with a criminal offense which suppresses or otherwise denies the prosecutor the use of evidence on the ground that it was invalidly obtained, if the United States attorney or the Corporal ion Counsel conducting the prosecution for such violation certifies to the judge who made the ruling that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of the charge being tried against the defendant. The trial court shall adjourn the trial until the appeal shall be resolved; except that, if the decision on appeal has not been rendered within the ninety-six-hour period following the adjournment of the trial, the trial shall resume on the next day of regular court business following the expiration of the ninety-six-hour period, and the appeal shall be deemed void and without effect. “(c) The United States or the District of Columbia may appeal an order dismissing an indictment or information or otherwise terminating a prosecution in favor of a defendant or defendants as to one or more counts thereof, except where there is an acquittal on the merits. “(d) The United States or the District of Columbia may appeal any other ruling made during the trial of a person charged with an offense which the United States attorney or the Corporation Counsel certifies as involving a substantial and recurring question of law which requires appellate resolution. Such an appeal may be taken only during the trial and only with leave of the court. The trial court shall adjourn the trial until the appeal shall be resolved; except that, if the decision on appeal has not been rendered within the ninety-six-hour period following the adjournment of the trial, the trial shall resume on the next day of regular court business following the expiration of the ninety-six-hour period, and the appeal shall be deemed void and without effect. “(e) Any appeal taken pursuant to this section either before or during trial shall be expedited. If an appeal is taken pursuant to subsection (b) or (d) during trial, the appellate court shall hear argument on such appeal within forty-eight hours of the adjournment of the trial pursuant to that subsection, shall dispense with any requirement of written briefs other than the supporting materials previously submitted to the trial court, shall render its decision within forty-eight ]lours of argument on appeal, and may dispense with the issuance of a written opinion in rendering its decision. Such appeal and decision shall not affect the right of the defendant, in a subsequent appeal from a judgment of conviction, to claim as error reversal by the trial court on remand of a ruling appealed from during trial. 84 Stat. 607 “(f) Pending the prosecution and determination of an appeal taken pursuant to this section, the defendant shall be detained or released in accordance with chapter 13 of this title. “§ 23–105. Challenges to jurors “(a) In a trial for an offense punishable by death, each side is entitled to twenty peremptory challenges. In a trial for an offense punishable by imprisonment for more than one year, each side is entitled to ten peremptory challenges. In all other criminal cases, each side is entitled to three peremptory challenges. If there is more than one defendant, or if a case is prosecuted both by the United States and by the District of Columbia, the court may allow additional peremptory challenges and permit them to be exercised separately or jointly, but in no event shall one side be entitled to more peremptory challenges than the other. “(b) The court may direct that jurors in addition to the regular jury be called and impaneled to sit as alternate jurors. In addition to those otherwise allowed, each side is entitled to one peremptory challenge if one or two alternate jurors are to be impaneled, to two peremptory challenges if three or four alternate juror’s are to be impaneled, and to three peremptory challenges if five or six alternate jurors are to be impaneled. “(c) Any juror or alternate juror may be challenged for cause. “(d) No verdict shall be set aside for any cause which might be alleged as ground for challenge of a juror before the jury is sworn, except when the objection to the juror is that he had a bias against the defendant such as would have disqualified him, such disqualification was not known to or suspected by the defendant or his counsel before the juror was sworn, and the basis for such disqualification was the subject of examination or request for examination of the prospective jurors by or on request of the defendant. “§ 23–106. Witnesses for defense; fees “The court shall order at any time that a subpoena be issued for service upon a named witness on behalf of a defendant if the defendant makes an application for such an order and makes a satisfactory showing that he is financially unable to pay the fees of the witness and that the presence of the witness is necessary to an adequate defense. If the court orders the subpoena to be issued the costs incurred by the process and the fees of the witness so subpoenaed shall be paid in the same manner in which similar costs and fees are paid in case of a witness subpoenaed in behalf of the prosecuting authority. “§ 23–107. Discharge or acquittal of joint defendant during trial in order to be witness “(a) When two or more persons are jointly indicted or charged by information, or charged by separate indictments or informations which have been joined for trial, the court may, with the consent of the prosecuting authority, direct that a defendant who has not gone into his defense be discharged so that he may be a witness for the prosecution. “(b) When two or more persons are jointly tried, a person desiring that another defendant testify on his behalf may request a judgment of acquittal on behalf of such defendant, which the court shall consider in the same manner as a motion made by such defendant. “(c) At the request of a defendant who wishes to testify on behalf of another person with whom he is jointly tried, if the evidence against 84 Stat. 608such defendant is sufficient to be submitted to the jury and if such other person consents, the court may submit the case concerning such defendant to the jury separately so that his testimony may not be considered against him by such jury. “(d) A discharge granted pursuant to subsection (a), or an acquittal secured pursuant to subsection (b) or (c), shall be a bar to another prosecution for the same offense of the defendant so discharged or acquitted. “§ 23–108. Depositions “(a) If a material witness for either the prosecution or the defendant resides more than twenty-five miles from the place of holding court, is sick or infirm, or is about to leave the District of Columbia, and the prosecution or the defendant applies in writing to the court for a commission to examine such witness, the court may grant the commission and enter an order stating for what length of time notice shall be given to the other party before such witness shall be examined. At or before the time fixed in the notice, when the examination is upon written interrogatories, the other party may file crossinterrogatories. When the examination is conducted orally, the other party may cross-examine the deponent. If the other party fails to file written interrogatories or fails to attend an oral examination, the clerk shall file the following interrogatories: “‘(1) Are all your statements in the foregoing answers made from your own personal knowledge? If not, show what is stated upon information and give its source. “‘(2) State everything you know in addition to what is stated in your above answers concerning this case favorable to either the prosecution or the defendant.’ “(b) The court may order in any case that the examination be conducted orally. “(c) The commission shall issue from the clerk’s office, the examination of the witnesses shall be made and certified, and the return thereof made in the same manner as in civil cases, and unimportant irregularities or errors in the proceedings under the commission shall not cause the deposition to be excluded where no substantial prejudice can be wrought to the prosecution or the defendant by such irregularities or errors. “(d) Copies of the depositions or answers to interrogatories shall be made available to all of the parties upon the completion of the examination. “§ 23–109. Powers of investigators assigned to United States attorney “Any special investigator appointed by the Attorney General and assigned to the United States attorney for the District shall have authority to execute all lawful writs, process, and orders issued under authority of the United States, and command all necessary assistance to execute his duties, and shall have the same powers to make arrests as are possessed by members of the Metropolitan Police Department of the District of Columbia. “§ 23–110. Remedies on motion attacking sentence “(a) A prisoner in custody under sentence of the Superior Court claiming the right to be released upon the ground that (1) the sentence was imposed in violation of the Constitution of the United States or the laws of the District of Columbia, (2) the court was without jurisdiction to impose the sentence, (3) the sentence was in excess of the maximum authorized by law, (4) the sentence is otherwise subject to collateral attack, may move the court to vacate, set aside, or correct the sentence. 84 Stat. 609 “(b) A motion for such relief may be made at any time. “(c) Unless the motion and files and records of the case conclusively show that the prisoner is entitled to no relief, the, court shall cause notice thereof to be served upon the prosecuting authority, grant a prompt hearing thereon, determine the issues, and make findings of fact and conclusions of law with respect thereto. If the court finds that (1) the judgment was rendered without jurisdiction, (2) the sentence imposed was not authorized by law or is otherwise open to collateral attack, (3) there has been such a denial or infringement of the constitutional rights of the prisoner as to render the judgment vulnerable to collateral attack, the court shall vacate and set the judgment aside and shall discharge the prisoner, resentence him, grant a new trial, or correct the sentence, as may appear appropriate. “(d) A court may entertain and determine the motion without requiring the production of the prisoner at the hearing. “(e) The court shall not be required to entertain a second or successive motion for similar relief on behalf of the same prisoner. “(f) An appeal may be taken to the District of Columbia Court of Appeals from the order entered on the motion as from a final judgment on application for a writ of habeas corpus. “(g) An application for a writ of habeas corpus in behalf of a prisoner who is authorized to apply for relief by motion pursuant to this section shall not be entertained by the Superior Court or by any Federal or State court if it appears that the applicant has failed to make a motion for relief under this section or that (he Superior Court has denied him relief, unless it also appears that the remedy by motion is inadequate or ineffective to test the legality of his detention. “§ 23–111. Proceedings to establish previous convictions “(a) (1) No person who stands convicted of an offense under the laws of the District of Columbia shall be sentenced to increased punishment by reason of one or more previous convictions, unless prior to trial or before entry of a plea of guilty, the United States attorney or the Corporation Counsel, as the case may be, files an information with the clerk of the court, and serves a copj’ of such information on the person or counsel for the person, stating in writing the previous convictions to be relied upon. Upon a showing by the Government that facts regarding previous convictions could not with due diligence be obtained prior to trial or before entry of a plea of guilty, the court may postpone the trial or the taking of the plea of guilty for a reasonable period for the purpose of obtaining such facts. Clerical mistakes in the information may be amended at any time prior to the pronouncement of sentence. “(2) An information may not be filed under this section if the increased punishment which may be imposed is imprisonment for a term in excess of three years, unless the person either waived or was afforded prosecution by indictment for the offense for which such increased punishment may be imposed. “(b) If the prosecutor files an information under this section, the court shall, after conviction but before pronouncement of sentence, inquire of the person with respect to whom the information was filed whether he affirms or denies that he has been previously convicted as alleged in the information, and shall inform him that any challenge to a previous conviction which is not made before sentence is imposed may not thereafter be raised to attack the sentence. “(c) (1) If the person denies any allegation of the information of previous conviction, or claims that any conviction alleged is invalid, he shall file a written response to the information. A copy of the response shall be served upon the prosecutor. The court shall hold a 84 Stat. 610hearing to determine any issues raised by the response which would except the person from increased punishment. The failure of the Government to include in the information the complete criminal record of the person or any facts in addition to the convictions to be relied upon shall not constitute grounds for invalidating the notice given in the information required by subsection (a)(1). The hearing shall be before the court without a jury and either party may introduce evidence. Except as otherwise provided in paragraph (2) of this subsection, the prosecuting authority shall have the burden of proof beyond a reasonable doubt on any issue of fact. At the request of either party, the court shall enter findings of fact and conclusions of law. “(2) A person claiming that a conviction alleged in the information was obtained in violation of the Constitution of the United States shall set forth his claim, and the factual basis therefor, with particularity in his response to the information. The person shall have the burden of proof by a preponderance of the evidence on any issue of fact raised by the response. Any challenge to a previous conviction, not raised by response to the information be fore an increased sentence is imposed in reliance thereon, shall be waived unless good cause be shown for failure to make a timely challenge. “(d) (1) If the person files no response to the information, or if the court determines, after hearing, that the person is subject to increased punishment by reason of previous convictions, the court shall proceed to impose sentence upon him as provided by law. “(2) If the court determines that the person has not been convicted as alleged in the information, that a conviction alleged in the information is invalid, or that the person is otherwise not subject to an increased sentence as a matter of law, the court shall, at the request of the prosecutor, postpone sentence to allow an appeal from that determination. If no such request is made, the court shall impose sentence as provided by law. The person may appeal from an order postponing sentence as if sentence had been pronounced and a final judgment of convict ion entered. “§ 23–112. Consecutive and concurrent sentences “A sentence imposed on a person for conviction of an offense shall, unless the court imposing such sentence expressly provides otherwise, run consecutively to any other sentence imposed on such person for conviction of an offense, whether or not the offense (1) arises out of another transaction, or (2) arises out of the same transaction and requires proof of a fact which the other does not. “Chapter 3.— INDICTMENTS AND INFORMATIONS “SUBCHAPTER I— GENERAL PROVISIONS “Sec. “23–301. Prosecution by indictment or information. “SUBCHAPTER II— JOINDER “23–311. Joinder of offenses and of defendants. “23–312. Joinder of indictments or informations for trial. “23–313. Relief from prejudicial joinder, “23–314. Joinder of inconsistent offenses concerning the same property. “SUBCHAPTER III— SUFFICIENCY “23–321. Description of money. “23–322. Intent to defraud. “23–323. Perjury. “23–324. Subornation of perjury. 84 Stat. 611 “SUBCHAPTER I— GENERAL PROVISIONS “§ 23–301. Prosecution by indictment or information “An offense prosecuted in the Superior Court which may be punished by death shall be prosecuted by indictment returned by a grand jury. An offense which may be punished by imprisonment for a term exceeding one year shall be prosecuted by indictment, but it may be prosecuted by information if the defendant, after he has been advised of the nature of the charge and of his rights, waives in open court prosecution by indictment. Any other offense may be prosecuted by indictment or by information. An information subscribed by the proper prosecuting officer may be filed without leave of court. “SUBCHAPTER II— JOINDER “§ 23–311. Joinder of offenses and of defendants “(a) Two or more offenses may be charged in the same indictment or information in a separate count for each offense if the offenses charged, whether felonies or misdemeanors or both, are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan. “(b) Two or more offenses may be charged in the same indictment or information as provided in subsection (a) even though one or more is in violation of the laws of the United States and another is in violation of the laws applicable exclusively to the District of Columbia and may be prosecuted as provided in section 11–502(3). “(c) Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transact ions constituting an offense or offenses. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count. “§ 23–312. Joinder of indictments or informations for trial “The court may order two or more indictments or informations or both to be tried together if the offenses, and the defendants if there is more than one, could have been joined in a single indictment or information. The procedure shall be the same as it the prosecution were under such single indictment or information. “§ 23–313. Relief from prejudicial joinder “If it appears that a defendant or the government is prejudiced by a joinder of offenses or of defendants in an indictment or information or by such joinder for trial together, the court may order an election or separate trials of counts, grant a severance of defendants, or provide whatever other relief justice requires. In ruling on a motion by a defendant for severance the court may order the attorney for the government. to deliver to the court for inspection in camera any statements or confessions made by the defendants which the government intends to introduce in evidence at the trial. “§ 23–314. Joinder of inconsistent offenses concerning the same property “An indictment or information may contain a count for larceny, a count for obtaining the same property by false pretenses, a count for embezzlement thereof, and a count for receiving or concealing the same property, knowing it to be stolen or embezzled, or any of such counts, and the jury may convict of any of such offenses, and may find any or all of the person’s indicted guilty of any of said offenses. 84 Stat. 612 “SUBCHAPTER III— SUFFICIENCY “§ 23–321. Description of money “In every indictment or information, except for forgery, in which it is necessary to make an averment as to any money or bank bill or notes, United States Treasury notes, postal and fractional currency, or other bills, bonds, or notes, issued by lawful authority and intended to pass and calculate as money, it shall be sufficient to describe such money, bills, notes, currency, or bonds simply as money, without specifying any particular coin, note, bill, or bond; and such allegation snail be sustained by proof that the accused has stolen or embezzled any amount of coin, or any such note, bill, currency, or bond, although the particular amount or species of such coin, note, bill, currency, or bond be not proved. “§ 23–322. Intent to defraud “In an indictment or information in which it is necessary to allege an intent to defraud, it shall be sufficient to allege that the party accused did the act complained of with intent to defraud, without alleging an intent to defraud any particular person or body corporate. On the trial of such an indictment or information it shall not be necessary to prove an intent to defraud any particular person, but it shall be sufficient to prove a general intent to defraud. “§ 23–323. Perjury “In every information or indictment for perjury, it shall be sufficient to set forth the substance of the offense charged upon the defendant, and by what court, or before whom the oath was taken (averring such court, or person or persons, to have a competent authority to administer the same) together with the proper averment or averments to falsify the matter or matters wherein the perjury or perjuries is or are assigned; without setting forth the bill, answer, information, indictment, declaration, or any part of any record of proceeding either in law or equity, other than as aforesaid; and without setting forth the commission or authority of the court, or person or persons before whom the perjury was committed; any law, usage, or custom to the contrary notwithstanding. “§ 23–324. Subordination of perjury “In every information or indictment for subornation of perjury, or for corrupt bargaining or contracting with others to commit perjury, it shall be sufficient to set forth the substance of the offense charged upon the defendant, without setting forth the bill, answer, information, indictment, declaration, or any part of any record or proceeding either in law or equity, and without setting forth the commission or authority of the court, or person or persons before whom the perjury was committed, or was agreed or promised to be committed, any law, usage, or custom to the contrary notwithstanding. “Chapter 5.— WARRANTS AND ARRESTS “SUBCHAPTER I— DEFINITIONS “Sec. “23–501. Definitions. “SUBCHAPTER II— SEARCH WARRANTS “23–521. Nature and Issuance of search warants. “23–522. Applications for search warrants. “23–523. Time of execution of search warrants. “23–524. Execution of search warrants. “23–525. Disposition of property. 84 Stat. 613 “SUBCHAPTER III— WIRE INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS “Sec. “23–541. Definitions. “23–542. Interception, disclosure, and use of wire or oral communications prohibited. “23–543. Possession, sale, distribution, manufacture, assembly, and advertising of wire or oral communication intercepting devices prohibited. “23–544. Confiscation of wire or oral communication intercepting devices. “23–545. Immunity of witnesses. “23–545. Applications for authorization or approval of interception of wire or oral communications. “23–547. Procedure for authorization or approval of interception of wire or oral communications. “23–548. Additional procedure for approval of interception of wire or oral communications. “23–549. Maintenance and custody of records. “23–550. Inventory. “23–551. Procedure for disclosure and suppression of intercepted wire or oral communications. “23–552. Government appeals. “23–553. Authorization for disclosure and use of intercepted wire or oral communications. “23–554. Authorization for recovery of civil damages. “23–555. Reports concerning intercepted wire or oral communications. “23–556. Relation to Federal law on wire interception and interception of oral communications. “SUBCHAPTER IV— ARREST WARRANT AND SUMMONS “23–561. Issuance, form, and contents. “23–562. Execution and return. “23–563. Territorial and other limits. “SUBCHAPTER V— ARREST WITHOUT WARRANT “23–581. Arrests without warrant by law enforcement officers. “23–582. Arrests without warrant by other persons. “SUBCHAPTER VI— AUTHORITY TO BREAK AND ENTER UNDER CERTAIN CONDITIONS “23–591. Authority to break and enter under certain conditions. “SUBCHAPTER I— DEFINITIONS “§ 23–501. Definitions “As used in subchapters II, IV, and V of this chapter— “(1) The term ‘judicial officer means a judge of the Superior Court of the District of Columbia or of the United States District Court for the District of Columbia, or a United States commissioner or magistrate for the District of Columbia. “(2) The term ‘law enforcement officer’ means an officer or member of the Metropolitan Police Department of the District of Columbia or of any other police force operating in the District of Columbia, or an investigative officer or agent of the United States. “(3) The term ‘prosecutor’ means the United States Attorney for the District of Columbia or his assistant, the Corporation Counsel of the District of Columbia or his assistant, or an attorney employed by, and who has entered an appearance on behalf of, the United States or the District of Columbia in a criminal case or in an investigation being conducted by a grand jury. 84 Stat. 614 “SUBCHAPTER II— SEARCH WARRANTS “§ 23–521. Nature and issuance of search warrants “(a) Under circumstances described in this subehapter, a judicial officer may issue a search warrant upon application of a law enforcement officer or prosecutor. A warrant may authorize a search to be conducted anywhere in the District of Columbia and may be executed pursuant to its terms. “(b) A search warrant may direct a search of any or all of the following: “(1) one or more designated or described places or premises; “(2) one or more designated or described vehicles; “(3) one or more designated or described physical objects; or “(4) designated persons. “(c) A search warrant may direct the seizure of designated property or kinds of property, and the seizure may include, to such extent as is reasonable under all the circumstances, taking physical or other impressions, or performing chemical, scientific, or other tests or experiments of, from, or upon designated premises, vehicles, or objects. “(d) Property is subject to seizure pursuant to a search warrant if there is probable cause to believe that it— “(1) is stolen or embezzled; “(2) is contraband or otherwise illegally possessed; “(3) has been used or is possessed tor the purpose of being used, or is designed or intended to be used, to commit or conceal the commission of a criminal offense; or “(4) constitutes evidence of or tends to demonstrate the commission of an offense or the identity of a person participating in the commission of an offense. “(e) A search warrant may be addressed to a specific law enforcement officer or to any classification of officers of the Metropolitan Police Department of the District of Columbia or other agency authorized to make arrests or execute process in the District of Columbia. “(f) A search warrant shall contain— “(1) the name of the issuing court, the name and signature of the issuing judicial officer, and the date of issuance; “(2) if the warrant is addressed to a specific officer, the name of that officer, otherwise, the classifications of officers to whom the warrant is addressed; “(3) a designation of the premises, vehicles, objects, or persons to be searched, sufficient for certainty of identification; “(4) a description of the property whose seizure is the object of the warrant; “(5) a direction that the warrant he executed during the hours of daylight or, where the judicial officer has found cause therefor, including one of the grounds set forth in section 23–522 (c)(1), an authorization for execution at any time of day or night; “(6) where the judicial officer has found cause therefor, including one of the grounds set forth in subparagraph (A), (B), or (D) of section 23–591 (c)(2), an authorization that the executing officer may break and enter the dwelling house or other building or vehicles to be searched without giving notice of his identity and purpose; and “(7) a direction that, the warrant and an inventory of any property seized pursuant thereto be returned to the court on the next court day after its execution. 84 Stat. 615 “§ 23–522. Applications for search warrants “(a) Each application for a search warrant shall be made in writing upon oath or affirmation to a judicial officer. “(b) Each application shall include— “(1) the name and title of the applicant; “(2) a statement that there is probable cause, to believe that property of a kind or character described in section 23–521 (d) is likely to be found in a designated premise, in a designated vehicle or object, or upon designated persons; “(3) allegations of fact supporting such statement; and “(4) a request that the judicial officer issue a search warrant directing a search for and seizure of the property in question. The applicant may also submit depositions or affidavits of other persons containing allegations of fact supporting or tending to support those contained in the application. “(c) The application may also contain— “(1) a request that the search warrant be made executable at any hour of the day or night, upon the ground that there is probable cause to believe that (A) it cannot be executed during the hours of daylight, (B) the property sought is likely to be removed or destroyed if not seized forthwith, or (C) the property sought is not likely to be found except at certain times or in certain circumstances; and “(2) a request that the search warrant authorize the executing officer to break and enter dwelling houses or other buildings or vehicles to be searched without giving notice of his identity and purpose, upon probable cause to believe that one of the conditions set forth in subparagraph (A), (B), or (D) of section 23–591 (c)(2) is likely to exist at the time and place at which such warrant is to be executed. Any request made pursuant to this subsection must be accompanied and supported by allegations of fact supporting such request. “§ 23–523. Time of execution of search warrants “(a) A search warrant shall not be executed more than ten days after the date of issuance and shall be returned to the court after its execution or expiration in accordance with section 23–521 (f)(7). “(b) A search warrant may be executed on any day of the week and, in the absence of express authorization in the warrant pursuant to section 23–521 (f)(5), shall be executed only during the hours of daylight. “§ 23–524. Execution of search warrants “(a) An officer executing a warrant directing a search of a dwelling house or other building or a vehicle shall execute such warrant in accordance with section 23–591. “(b) An officer executing a warrant directing a search of a person shall give, or make reasonable effort to give, notice of his identity and purpose to the person, and, if such person thereafter resists or refuses to permit the search, such person shall be subject to arrest by such officer pursuant to section 23–581 (a) for violation of section 432 of the Revised Statutes of the United States relating to the District of Columbia (D.C. Code, sec. 22–505)(resisting a police officer) or other applicable provision of law. “(c) (1) An officer or agent executing a search warrant shall write and subscribe an inventory setting forth the time of the execution of the search warrant, and the property seized under it. “(2) If the search is of a person, a copy of the warrant and of the return shall be given to that person. 84 Stat. 616 “(3) If the search is of a place, vehicle, or object, a copy of the warrant and of the return shall be given to the owner thereof if he is present, or if he is not, to an occupant, custodian, or other person present; or if no person is present, the officer shall post a copy of the warrant and of the return upon the premises, vehicle, or object searched. “(d) A copy of the warrant shall be filed with the court whose judge or magistrate authorized its issuance on the next court day after its execution, together with a copy of the return. “(e) An officer or agent executing a search warrant may seize any property discovered in the course of the lawful execution oi such warrant if be has probable cause to believe that, such property is subject to seizure under section 23–521 (d), even if the property is not enumerated in the warrant or the application therefor, and no additional warrant shall be required to authorize such seizure, if the property is fully set forth in the return. Such seizure may include taking physical or oilier impressions or performing chemical, scientific, or other tests or experiments. “(f) An officer or agent executing a search warrant may take photographs and measurements during the execution. “(g) An officer executing a warrant directing a search of premises or a vehicle may search any person therein (1) to the extent reasonably necessary to protect himself or others from the use of any weapon which may be concealed upon the person, or (2) to the extent reasonably necessary to find property enumerated in the warrant which may be concealed upon the person. “§ 23–525. Disposition of property “An officer or agent who seizes property in the execution of a search warrant, shall cause it to be safely Kept for use rs evidence. No property seized shall be released or destroyed except in accordance with law and upon order of a court or of the United States attorney or Corporation Counsel for the District of Columbia or one of their assistants. “SUBCHAPTER III— WIRE INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS “§ 23–541. Definitions “As used in this subchapter— “(1) the term ‘wire communication’ means any communication made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception furnished or operated by any person engaged as a common carrier in providing or operating such facilities; “(2) the term ‘oral communication’ means any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying the expectation; “(3) the term ‘intercept’ means the aural acquisition of the contents of any wire or oral communication through the use of any intercepting device; “(4) the term ‘intercepting device’ means any electronic, mechanical, or other device or apparatus which can be used to intercept a wire or oral communication other than— “(A) any telephone or telegraph instrument, equipment, or facility, or any component thereof, (i) furnished to the subscriber or user by a communications common carrier in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business; or (ii) 84 Stat. 617being used by a communications common carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his duties; or “(B) a hearing aid or similar device being used to correct subnormal hearing to not better than normal; “(5) the term ‘investigative or law enforcement officer’ means any officer of the United States or of the District of Columbia who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this subchapter, and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; “(6) the term ‘contents’, when used with respect to any wire or oral communication, includes any information concerning the identity of the parties to the communication or the existence, substance, purport, or meaning of that communication; “(7) the term ‘judge’ means a judge of the Superior Court of the District of Columbia, a judge of the District of Columbia Court of Appeals, a judge of the United States District Court for the District of Columbia, and a judge of the United States Court of Appeals for the District of Columbia circuit: “(8) the term ‘judge of competent jurisdiction’ means, in addition to the judges included in paragraph (7)— “(A) a judge of a United States district court or a United States court, of appeals not in the District of Columbia; and “(B) a judge of any court of general criminal jurisdiction of a State who is authorized by a statute of that State to enter orders authorizing interceptions of wire or oral communications; “(9) the term ‘aggrieved person’ means a person who was a party to any intercepted wire or oral communication or a person against whom the interception was directed; “(10) the term ‘communication common carrier’ has the same meaning which is given the term ‘common carrier’ by sect ion 3(h) of the Communications Act of 1934 (47 U.S.C. 153(h)): and “(11) the term ‘United States attorney’ means the United States attorney for the District of Columbia or any of his assistants designated by him or otherwise designated by law to act in his place for the particular purpose in question. “§ 23–542. Interception, disclosure, and use of wire or oral communications prohibited “(a) Except as otherwise specifically provided in ibis subehapter, any person who in the District of Columbia— “(1) willfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire or oral communication: “(2) willfully discloses or endeavors to disclose to any other person the contents of any wire or oral communication, or evidence derived therefrom, knowing or having reason to know that the information was obtained through the interception of a wire or oral communication; or “(3) willfully uses or endeavors to use the contents of any wire or oral communication, or evidence derived therefrom, knowing or having reason to know, that the information was obtained through the interception of a wire or oral communication; shall he fined not more than $10,000 or imprisoned not more than five years, or both: except that paragraphs (2) and (3) of this subsection 84 Stat. 618shall not apply to the contents of any wire or oral communication, or evidence derived therefrom, that has become common knowledge or public information. “(b) It shall not be unlawful under this section for— “(1) an operator of a switchboard, or an officer, agent, or employee of a communication common carrier, whose facilities are used in the transmission of a wire communication, to intercept, disclose, or use that communication, in the normal course of his employment while engaged in any activity which is a necessary incident to the render mg of his service or to the protection of the rights or property of the carrier of such communication, or to provide information, facilities, or technical assistance to an investigative or law enforcement officer who, under this subchapter, is authorized to intercept a wire or oral communication, but no communication common carrier shall utilize service observing or random monitoring except for mechanical or service quality control checks; “(2) a person acting under color of law to intercept a wire or oral communication, where such person is a party to the communication, or where one of the parties to the communication has given prior consent to such interception; or “(3) a person not acting under color of law to intercept a wire or oral communication, where such person is a party to the communication, or where one of the parties to the communication has given prior consent to such interception, unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States, any State, or the District of Columbia, or for the purpose of committing any other injurious act. “§ 23–543. Possession, sale, distribution, manufacture, assembly, and advertising of wire or oral communication intercepting devices prohibited “(a) Except as otherwise specifically provided in subsection (b) of this section, any person who in the District of Columbia— “(1) willfully possesses, sells, distributes, manufactures, or assembles an intercepting device, the design of which renders it primarily useful for the purpose of the surreptitious interception of a wire or oral communication; or “(2) willfully places in any newspaper, magazine, handbill, or other publication any advertisement of— “(A) any intercepting device, the design of which renders it primarily useful for the purpose of the surreptitious interception of a wire or oral communication; or “(B) any intercepting device where such advertisement promotes the use of such device for the purpose of the surreptitious interception of a wire or oral communication; shall be fined not more than $10,000 or imprisoned not more than five years, or both. “(b) It shall not be unlawful under this section for— “(1) a communication common carrier or an officer, agent, or employee of, or a person under contract with a communication common carrier, in the usual course of the communication common carrier’s business; or “(2) a person under contract with the Government of the United States, a State or a political subdivision thereof, or the District of Columbia, or an officer, agent, or employee of the Government of the United States, a State or a political subdivision thereof, or the District of Columbia; 84 Stat. 619 to possess, sell, distribute, manufacture or assemble, or advertise any intercepting device, while acting in furtherance of the appropriate activities of the United States, a State or political subdivision thereof, the District of Columbia, or a communication common carrier. “§ 23–544. Confiscation of wire or oral communication intercepting devices “Any intercepting device in the District of Columbia— “(1) possessed; “(2) used; “(3) sold; “(4) distributed; or “(5) manufactured or assembled; in violation of section 23–542 or 23–543 may be seized and forfeited to the District of Columbia. Insofar as applicable and not inconsistent with the provisions of this chapter, all provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of property for violation of the customs laws; the disposition of such property; the remission or mitigation of such forfeitures; the compromise of claims; and the award of compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this title; except that such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws shall be performed with respect to seizures and forfeitures of property under this section by such officers, agents or other persons as may be authorized or designated for that purpose by the Commissioner, except to the extent that, such duties arise from seizures and forfeitures effected by any customs officer. The proceeds from the sale of any property forfeited under this section shall be deposited in the Treasury to the credit of the general fund of the District of Columbia. “§ 23–545. Immunity of witnesses “(a) Whenever a witness refuses, on the basis of his privilege against self-incrimination, to testify or provide other information in a proceeding before a court or grand jury in the District of Columbia involving any violation of this subchapter and the person presiding over the proceeding communicates to the witness an order issued under this section, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination. But no testimony or other information compelled under the order issued under subsection (b) of this section, or any information obtained by the exploitation of such testimony or other information, may be used against the witness in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order. “(b) In the case of any individual who has been or may be called to testify or provide other information at any proceeding before a court or grand jury in the District of Columbia, the court before which the proceeding is or may be held shall issue, upon the request of the United States attorney, an order requiring such individual to give any testimony or provide any other information which he refuses to give or provide on the basis of his privilege against self-incrimination. “(c) The United States attorney may, with the approval of the Attorney General or the Deputy Attorney General, or any Assistant Attorney General designated by the Attorney General, request an order under subsection (b) when in the judgment of the United States attorney— “(1) the testimony or other information from such individual may be necessary to the public interest; and 84 Stat. 620 “(2) such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination. “§ 23–546. Applications for authorization or approval of interception of wire or oral communications “(a) The United States attorney may authorize, in writing, any investigative or law enforcement officer to make application to a court for an order authorizing the interception of wire or oral communications. “(b) The United States attorney may authorize, in writing, any investigative or law enforcement officer to make application to a court for an order of approval of the previous interception of any wire or oral communication, when the contents of such communication— “(1) relate to an offense other than that specified in an order of authorization; “(2) were intercepted in an emergency situation; or “(3) were intercepted in an emergency situation and relate to an offense other than that contemplated at the time the interception was made. “(c) An application for an order of authorization (as provided in subsection (a) of this section) or of approval (as provided in paragraph (2) of subsection (b) of this section) may be authorized only when the interception of wire or oral communications may provide or has provided evidence of the commission of or a conspiracy to commit any of the following offenses: “(1) Any of the offenses specified in the Act entitled ‘An Act to establish a code of law for the District of Columbia’, approved March 3, 1901, and listed in the following table: “Offense: Specified in— Arson sections 820, 821 (D.C. Code. secs. 22–401, 22–402). Blackmail section 819 (D.C. Code, sec. 22–23051. Bribery section 861 (D.C. Code, sec. 22–701). Burglary section 823 (D.C. Code, sec. 22–1801). Destruction of property of value in excess of $200. section 848 (D.C. Code, sec. 22–103). Gambling sections 863, 866, 869e, (D.C. Code. secs. 22–1601. 22–1505, 22–1513). Grand larceny section 826 1 D.C. Code, sec, 22–2201). Kidnapping section 812 (D.C. Code, sec. 22–2101). Murder sections 708, 800 (D.C. Code. secs, 22–2401, 22–2403). Obstruction of justice section 862 (D.C. Code. sec. 22–703). Receiving stolen property of value in excess of $100. section 829 (D.C. Code, sec. 22–2205). Robbery section 810 (D.C. Code. sec. 22–2901). “(2) Bribery as specified (A) in the second paragraph under the center heading ‘General Expenses’ in the first section of the Act of July 1, 1902 (D.C. Code. sec. 22–702), and (B) in the Act of February 26, 1936 (D.C. Code. sec. 22–704): “(3) Extortion and threats as specified in sections 1501 and 1502 of the Omnibus Crime Control and Safe Streets Act of 1968 (D.C. Code. secs. 22–2306, 22–2307). “(4) Offenses involving dealing in narcotic drugs, marihuana, and other dangerous drugs as specified in sections 2 and 16 of the Uniform Narcotic Drug Act (D.C. Code. secs. 33–102, 33–416) and section 203 of the Dangerous Drug Act for the District of Columbia (D.C. Code, sec. 33–702). 84 Stat. 621 “§ 23–547. Procedure for authorization or approval of interception of wire or oral communications “(a) Each application for an order authorizing or approving the interception of a wire or oral communication shall be made in writing upon oath or affirmation to a judge and shall state the applicant s authority to make the application. Each application shall include— “(1) the identity of the investigative or law enforcement officer making the application, and the officer authorizing the application; “(2) a full and complete statement of the facts and circumstances relied upon by the applicant to justify his belief that an order should be issued, including (A) details as to the particular offense that hits been, is being, or is about to be committed, (B) a particular description of the nature and location of the facilities from which or the place where the communication is Io be or was intercepted, (C) a particular description of the type of communications sought to be or which were intercepted, and (D) the identity of the person, if known, who committed, is committing, or is about to commit the offense and whose communications are to be or were intercepted; “(3) a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear or appeared to be unlikely to succeed if tried or to be too dangerous; “(4) a statement of the period of time for which the interception is or was required to be maintained, and if the nature of the investigation is or was such that the authorization for interception should not automatically terminate or should not have automatically terminated when the described type of communication has been or was first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will or would occur thereafter; “(5) a full and complete statement of the facts concerning all previous applications, known to the individual authorizing or making the application, made to any judge for authorization to intercept, or for approval of interceptions of, wire or oral communications involving any of the same persons, facilities, or places specified in the application, and the action taken by the judge on each such application; and “(6) where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain results. “(b) The judge may require the applicant to furnish additional testimony or documentary evidence in support of the application. “(c) Upon application the judge may enter an ex parte order, as requested or as modified, authorizing or approving interception of wire or oral communications within the District of Columbia, if the judge determines on the basis of the facts submitted by the applicant that— “(1) there is or was probable cause for belief that the person whose communication is to be or was intercepted is or was committing, has committed, or is about to commit a particular offense enumerated in section 23–546; “(2) there is or was probable cause for belief that particular communications concerning that offense will or would be obtained through the interception; “(3) normal investigative procedures have or would have been tried and have or had failed or reasonably appear or appeared to be unlikely to succeed if tried or to be too dangerous: and 84 Stat. 622 “(4) there is or was probable cause for belief that the facilities from which, or the place where, the wire or oral communications are to be or were intercepted were used, are being used, or are about to be used, in connection with the commission of the offense, or are or were leased to, listed in the name of, or commonly used by the person referred to in paragraph (1). “(d) If the facilities from which a wire communication is to be or was intercepted are or were being used by, are or were about to be used by, or are or were leased to, listed in the name of, or commonly used by, a licensed physician, a licensed attorney, or practicing clergyman, or if the place where an oral communication is to be or was intercepted is or was a place used primarily for habitation by a husband and wife er primarily by a licensed physician, licensed attorney, or practicing clergyman for his own professional purposes, no order authorizing or approving such interception may be issued unless the court, in addition to the matters provided in subsection (c) of this section, determines that— “(1) such facilities or place are or were being used or are or were about to be used in connection with conspiratorial activities characteristic of organized crime; and “(2) such interceptions will be so conducted as to minimize or eliminate the number of interceptions of privileged wire or oral communications between licensed physicians and patients, licensed attorneys and clients, practicing clergymen and confidants, and husbands and wives. No otherwise privileged wire or oral communication intercepted in accordance with, or in violation of, the provisions of this subchapter shall lose its privileged character. “(e) Each order authorizing or approving the interception of any wire or oral communication shall specify— “(1) the identity of the person, if known, or otherwise a particular description of the person, if known, whose communications are to be or were intercepted; “(2) the nature and location of the communication facilities as to which, or the place where, authority to intercept or any approval of interception is or was granted; “(3) a particular description of the type of communication sought to be or which was intercepted, and a statement of the particular offense to which it relates; “(4) the identity of the agency authorized to intercept or whose interception is approved, and of the person authorizing the application; and “(5) the period of time during or for which the interception is authorized or approved, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained. “(f) An order authorizing the interception of a wire or oral communication shall, upon request of the applicant, direct that a communication common carrier, landlord, custodian, or other person shall furnish the applicant forthwith all information, facilities, or technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such carrier, landlord, custodian, or person is according the person whose communications are to be intercepted. Any communication common carrier, landlord, custodian, or other person furnishing such facilities or technical assistance shall be compensated therefore by the applicant at the prevailing rates. 84 Stat. 623 “(g) No order entered under this section may authorize or approve the interception of any wire or oral communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than thirty days. Extensions of an order may be granted, but only upon application for an extension made in accordance with subsection (a) of this section and the court making the findings required by subsection (c) of this section. The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event for longer than thirty days. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize or eliminate the interception of communications not otherwise subject to interception under this subchapter, and must terminate upon attainment of the authorized objective, or in any event in thirty days. “(h) Whenever an order authorizing interception is entered pursuant to this subchapter, the order may require reports to be made to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Reports shall be made at such intervals as the judge may require. “§ 23–548. Additional procedure for approval of interception of wire or oral communications “(a) Notwithstanding any other provision of this subchapter, any investigative or law enforcement officer, specially designated by the United States attorney for the District of Columbia, who reasonably determines that— “(1) an emergency situation exists with respect to conspiratorial activities characteristic of organized crime that requires a wire or oral communication to be intercepted before an order authorizing the interception can with due diligence be obtained, and “(2) there are grounds upon which an order could be entered under this subchapter to authorize interception, may intercept the wire or oral communication if an application for an order approving the interception is initiated in accordance with this section within twelve hours and is completed within seventy-two hours after the interception has occurred, or begins to occur. In the absence of an order, the interception shall immediately terminate when the communication sought is obtained or when the application for (he order is denied, whichever is earlier. In the event the application for approval is denied, or in any other case where the interception is terminated without an order having been issued, the contents of any wire or oral communication intercepted shall be treated as having been obtained in violation of this subchapter, and an inventory shall be served as provided for in section 23–550 on the person named in the application. “(b) When an investigative or law enforcement officer, while engaged in intercepting wire or oral communications in the manner authorized by this subchapter, intercepts wire or oral communications relating either to offenses other than those specified in the order of authorization or (o offenses other than those offenses for which interception was made pursuant to subsection (a) of this section, he shall make an application to a judge as soon as practicable for approval for disclosure and use, in accordance with section 23–553, of the information intercepted. 84 Stat. 624 “§ 23–549. Maintenance and custody of records “(a) The contents of any wire or oral communication intercepted by any means authorized by this subchapter shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire or oral communication under this subchapter shall be done in such way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions thereof, the recordings shall be made available to the judge issuing the order and sealed under his directions. Custody of the recordings shall be wherever the judge orders. They shall not be destroyed except upon an order of the issuing or denying judge and in any event shall be kept for ten years. Duplicate recordings may be made for use or disclosure pursuant to the provisions of subsection (a) of section 23–553, for investigations. The presence of the seal provided for by this subsection, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire or oral communication or evidence derived therefrom under subsection (b) of section 23–553. “(b) Applications made and orders grunted under this subchapter shall be sealed by the judge. Custody of the applications and orders shall be wherever the judge directs. The applications and orders shall be disclosed only upon a showing of good cause before a judge of competent jurisdiction and shall not be destroyed except on order of the issuing or denying judge, and in any event shall be kept for ten years. “(c) Any violation of the provisions of this subsection may be punished as contempt of court. “§ 23–550. Inventory “(a) Within a reasonable time hut not later than ninety days after the filing of an application for an order of approval under section 23–548 which is denied, or the termination of the period of any order or extensions thereof, the issuing or denying judge shall cause to be served, on the persons named in the order or the application, and such other parties to intercepted communications as the judge may determine, in his discretion, are necessary in the interest of justice, an inventory which shall include notice of— “(1) the fact of the entry of the order or the application for an order of approval which was denied; “(2) the date of the entry of the order or the denial of the application for an order of approval; “(3) The period of authorized, approved, or disapproved interception; and “(4) whether during the period wire or oral communications were intercepted. The judge, upon the filing of a motion, may in his discretion make available to the person or his counsel for inspection such portions of the intercepted communications, applications, and orders as the judge determines to be in the interest of justice. On an ex parte showing of good cause to a judge, the serving of the inventory required by this subsection may be postponed. “§ 23–551. Procedure for disclosure and supression of intercepted wire or oral communications “(a) The contents of any intercepted wire or oral communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States or the District of Columbia unless not less than ten days before the trial, hearing, or proceeding— “(1) the inventory as provided in section 23–550 has been served; and 84 Stat. 625 “(2) the parties to the action have been served with a copy of the order and accompanying application under which the interception was authorized or approved. This ten-day period may be waived by court order where a court, finds that it was not possible to furnish the party with the above information ten days before the trial, hearing, or proceeding and that the party will not be prejudiced by the delay in receiving the information. “(b) Any aggrieved person m any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States or the District of Columbia, may move to suppress the contents of any intercepted wire or oral communication, or evidence derived therefrom, on the grounds that— “(1) the communication was unlawfully intercepted; “(2) the order of authorization or approval under which it was intercepted is insufficient on its face; “(3) the interception was not made in conformity with the order of authorization or approval; “(4) service was not made as provided in section 23–547; or “(5) the seal prescribed by subsection (i) of this section is not present and there is no satisfactory explanation for its absence. The motion shall be made before the trial, hearing or proceeding unless there was no opportunity to make the motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire or oral communication, or evidence derived therefrom, shall be treated as having been obtained in violation of this subchapter and shall not be received in evidence in the trial, hearing, or proceeding. The judge, upon the filing of the motion by the aggrieved person, may in his discretion make available to the aggrieved person or his counsel for inspection such portions of the intercepted communication or evidence derived therefrom as the judge determines to be in the interests of justice. “§ 23–552. Government appeals “In addition to any other right to appeal, the United States or the District of Columbia, as the case may be, shall have the right to appeal from an order granting a motion to suppress made under section 23–551 or from the denial of an application for an order of approval, if the United States or the District of Columbia, as the case may be, shall certify to the judge or other official granting such motion or denying the application that the appeal is not taken for purposes of delay. Appeal shall be taken within thirty days after the date the order was entered and shall be diligently prosecuted. “§ 23–553. Authorization for disclosure and use of intercepted wire or oral communications “(a) Any investigative or law enforcement officer who, by any authorized means and in conformity with this subchapter, has obtained knowledge of the contents of any wire or oral communication, or evidence derived therefrom, may disclose or use such contents or evidence to the extent that such disclosure or use is appropriate to the proper performance of his official duties. “(b) Any person who, by any authorized means and in conformity with this subchapter, has obtained knowledge of the contents of any wire or oral communication intercepted in accordance with this subchapter, or other lawful authority, or evidence derived therefrom, may disclose the contents of such communication or evidence while giving testimony under oath or affirmation in any criminal trial, hearing, or proceeding before any grand jury or court. 84 Stat. 626 “(c) The contents of any wire or oral communication intercepted in conformity with this subchapter, or evidence derived therefrom, may otherwise be disclosed or used only by court order upon a showing of good cause. “§ 23–554. Authorization for recovery of civil damages “(a) Any person whose wire or oral communication is intercepted, disclosed, or used in violation of this subchapter shall— “(1) have a civil cause of action against any person who intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use, such communications; and “(2) be entitled to recover from any such person— “(A) actual damages, but not less than liquidated damages computed at the rate of $100 a day for each day of violation, or $1,000 whichever is higher; “(B) punitive damages; and “(C) a reasonable attorney’s fee and other litigation costs reasonably incurred. “(b) Good faith reliance on a court order or legislative authorization shall constitute a complete defense to an action brought under this section or any other law. “(c) As used in this section, the term ‘person’ includes the District of Columbia. The District of Columbia shall not assert any governmental immunity to avoid liability under this section. Judgment against the District of Columbia shall not constitute a bar to action against any other person. “§ 23–555. Reports concerning intercepted wire or oral communications “(a) Within thirty days after the expiration of an order or an extension entered under section 23–547 or 23–548 or the denial of an order of approval, the issuing or denying court shall report, to the chief judge of the District of Columbia of Appeals— “(1) that an order or extension was applied for; “(2) the kind of order or extension applied for; “(3) if the order or extension was granted as applied for, was modified, or was denied; “(4) the period of the interceptions authorized by the order, and the number and duration of any extensions of the order; “(5) the offense specified in the order or application, or extension of an order; “(6) the identity of the applying investigative or law enforcement officer, the agency making the application, and the person authorizing the application; and “(7) the character and location of the facilities from which and the place where communications were (and were to be) intercepted. “(b) In January of each year the United States Attorney for the District of Columbia shall report to the Congress of the United States and the chief judge of the District of Columbia Court of Appeals— “(1) the information required by paragraphs (1) through (7) of subsection (a) of this section with respect to each application for an order or extension made during the immediately preceding calendar year; “(2) a genera] description of the interceptions made under such order or extension, including— “(A) the approximate character and frequency of incriminating communications intercepted; 84 Stat. 627 “(B) the approximate character and frequency of other communications intercepted; “(C) the approximate number of persons whose communications were intercepted; and “(D) the approximate character, amount, and cost of the manpower and other resources used in the interceptions; “(3) the number of arrests resulting from interceptions made under such order or extension; “(4) the offenses for which the arrests were made; “(5) the number of trials resulting from such interceptions; “(6) the number of motions to suppress made with respect to such interceptions; “(7) the number of motions to suppress granted or denied; “(8) the number of convictions resulting from such interceptions; “(9) the offenses for which the convictions were obtained; “(10) a general assessment of the importance of the interceptions; and “(11) for purposes of comparison, the information required by paragraphs (2) through (10) of this subsection with respect to orders and extensions obtained in other preceding calendar years. “(c) Reports made pursuant to the section shall be made in accordance with regulations prescribed by the Director of the Administration Office of the United States Courts under section 2519(3) of title 18, United States Code. “§ 23–556. Relation to Federal law on wire interception and interception of oral communications “(a) Sections 23–542, 23–543, 23–545, 23–553, 23–554, and 23–555 of this subchapter shall be construed to supplement, and not to supersede or otherwise limit, the provisions of chapter 119 of title 18, United States Code (relating to wire interception and interception of oral communications). “(b) Sections 23–546, 23–547, 23–548, 23–549, 23–550, 23–551, and 23–552 of this subchapter shall be construed not to supersede or otherwise limit the provisions of chapter 119 of title 18, United States Code, except in cases of irreconcilable conflict. “SUBCHAPTER IV— ARREST WARRANT AND SUMMONS “§ 23–561. Issuance, form, and contents “(a) (1) A judicial officer may issue a warrant for the arrest of any person upon a sworn complaint which states facts constituting an offense over which the judicial officer has jurisdiction for trial or preliminary examination, and establishing probable cause to believe that the person committed the offense. More than one warrant may issue on the same complaint. “(2) Upon request of the prosecutor, a summons shall issue instead of an arrest warrant. More than one summons may issue on the same complaint. If a person fails to appear in response to a summons, a warrant shall issue for his arrest. “(b) (1) An arrest warrant shall be signed by the judicial officer and shall state or contain the name of the issuing court, the date of issuance of the warrant, a description of the offense charged, and the name of the person to be arrested or, if his name is unknown, any name or description by which he can be identified with reasonable certainty. It shall command that the person be arrested and brought before the issuing court or officer. If the complaint establishes probable cause to believe that one of the conditions set out in subparagraphs (A) through (D) of section 23–591(c)(2) is likely to exist at the 84 Stat. 628time and place at which such warrant is to be executed, the warrant may contain an authorization that it be executed as provided in section 23–591. “(2) A summons shall be in the same form as an arrest warrant except that it shall Summon the person named to appear before the issuing court or officer at a stated time and place. “(c) An arrest warrant may be directed to a specific law enforcement officer or to any classifications of officers of the Metropolitan Police of the District of Columbia or other agency authorized to make arrests or execute process. “(d) Each complaint shall be made in writing upon oath or affirmation. Except for good cause shown, no warrant shall be issued unless the complaint has been approved by an appropriate prosecutor. “§ 23–562. Execution and return “(a) (1) A warrant issued pursuant to this subchapter shall be-executed by the arrest of the person named. The officer need not have the warrant in his possession at the time of the arrest, but upon request he shall show the warrant to the person as soon as possible. If the officer does not have the warrant in his possession at the time of the arrest, he shall inform the person of the offense charged and of the fact that a warrant has been issued. “(2) A summons shall be served upon a person by delivering a copy to him personally, by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by mailing it to the person’s last known address. “(b) (1) The officer executing a warrant shall make return thereof to the judicial officer before whom the person is brought for preliminary examination. At the request of the appropriate prosecutor, any unexecuted and unexpired warrant shall be returned to the issuing court or judicial officer and shall be canceled. “(2) On or before the return day the person to whom a summons was delivered for service shall make return thereof to the court or officer before whom the summons is returnable. “(3) At the request of the appropriate prosecutor made at any time while the complaint is pending, a warrant returned unexecuted and not canceled or expired or a summons returned unserved or a duplicate thereof may be delivered by the judicial officer to the marshal or other authorized person for execution or service. “(c) (1) A law enforcement officer within the District of Columbia making an arrest under a warrant issued pursuant to this subchapter, making an arrest without a warrant, or receiving a person arrested by a special policeman or other person pursuant to section 23–582, shall take the arrested person without unnecessary delay before the court or other judicial officer empowered to commit persons charged with the offense for which the arrest was made. This subsection, however, shall not be construed to conflict with or otherwise supersede section 3501 of title 18, United States Code. When a person arrested without a warrant is brought before a judicial officer, a complaint or information shall be filed forthwith. “(2) Before taking an arrested person to a judicial officer, a law enforcement officer may perform any recording, fingerprinting, photographing, or other preliminary police duties required in the particular case, and if such duties are performed with reasonable promptness, the period of time required therefor shall not constitute a delay within the meaning of this section. “§ 23–563. Territorial and other limits “(a) A warrant or summons for an offense punishable by imprisonment for more than one year issued by the Superior Court of the District of Columbia may be served at any place within the jurisdiction of the Unit ed States. 84 Stat. 629 “(b) A warrant or summons issued by the Superior Court of the District of Columbia for an offense punishable by imprisonment for not more than one year, or by a fine only, or by suck imprisonment and a fine, may be served in any place in the District of Columbia but may not be executed more than one year after the date of issuance. “(c) A person arrested outside the District of Columbia on a warrant issued by the Superior Court of the District of Columbia shall be taken before a judge, commissioner, or magistrate, and held to answer in the Superior Court pursuant to the Federal Rules of Criminal Procedure as if the warrant had been issued by the United States District Court for the District of Columbia. “(d) When an application alleges that (J) an act which would constitute a felony if committed by an adult has been committed by a child, (2) the child may not with due diligence be found within the District of Columbia, and (3) if the District of Columbia is a party to article XVII of the Interstate Compact on Juveniles, the child is not known to be in a jurisdiction which is a party to such article, a juvenile officer may secure a warrant for the arrest of the child as if he were an adult. When the child is brought before the issuing court or officer pursuant to the warrant he shall be ordered transferred to the Family Division of the Superior Court pursuant to section 16–2302. If the child is found in a jurisdiction which is a party to such article and if the District of Columbia is a party to such article, he shall be returned as provided in that article and the warrant shall be null and void. “SUBCHAPTER V— ARREST WITHOUT WARRANT “§ 23–581. Arrests without warrant by law enforcement officers “(a) (1) A law enforcement officer may arrest, without a warrant having previously been issued therefor— “(A) a person whom he has probable cause to believe has committed or is committing a felony; “(B) a person whom he has probable cause to believe has committed or is committing an offense in his presence; “(C) a person whom he has probable cause to believe has committed or is about to commit any offense listed in paragraph (2) and, unless immediately arrested, may not be apprehended, may cause injury to others, or may tamper with, dispose of, or destroy evidence. “(2) The offenses referred to in subparagraph (C) of paragraph (1) are. the following: “(A) The following offenses specified in the Act entitled ‘An Act to establish a code of law for the District of Columbia’, approved March 3, 1901, and listed in the following table: “Offense: Specified in— Assault section 806 (D.C. Code. sec. 22–504). Petit larceny section 827 (D.C, Code, sec. 22–2202). Receiving stolen goods section 829 (D.C. Code, sec. 22–2205). Unlawful entry section 824 (D.C. Code. sec. 22–3102). “(B) Attempts to commit the following offenses specified in such Act and listed in the following table: “Offense: Specified in— Burglary section 823 (D.C, Code, sec. 22–1801). Grand larceny section 826 (D.C, Code. sec. 22–2201). Unauthorized use of vehicles section 826b (D.C. Code, sec. 22–2204). “(b) A law enforcement officer may, even if his jurisdiction does not extend beyond the District of Columbia, continue beyond the District, if necessary, a pursuit commenced within the District of a person 84 Stat. 630who has committed an offense or whom he has probable cause to believe has committed or is committing a felony, and may arrest that person in any State the laws of which contain provisions equivalent to those of section 23–901. “§ 23–582. Arrests without warrant by other persons “(a) A special policeman shall have the same powers as a law enforcement officer to arrest without warrant for offenses committed within premises to which his jurisdiction extends, and may arrest outside the premises on fresh pursuit for offenses committed on the premises. “(b) A private person may arrest another— “(1) whom he has probable cause to believe is committing in his presence— “(A) a felony, or “(B) an offense enumerated in section 23–581 (a)(2); or “(2) in aid of a law enforcement officer or special policeman, or other person authorized by law to make an arrest. “(c) Any person making an arrest pursuant to this section shall deliver the person arrested tn a law enforcement officer without unreasonable delay. “SUBCHAPTER VI— AUTHORITY TO BREAK AND ENTER UNDER CERTAIN CONDITIONS “§ 23–591. Authority to break and enter under certain conditions “(a) Any officer authorized by law to make arrests, or to execute search warrants, or any person aiding such an officer, may break and enter any premises, any outer or inner door or window of a dwelling house or other building, or any part thereof, any vehicle, or anything within such dwelling house, budding, or vehicle, or otherwise enter to execute search or arrest warrants, to make an arrest where authorized by law without a warrant, or where necessary to liberate himself or a person aiding him in the execution of such warrant or in making such arrest. “(b) Breaking and entry shall not be made until after such officer or person makes an announcement of his identity and purpose and the officer reasonably believes that admittance to the dwelling house or other building or vehicle is being denied or unreasonably delayed. “(c) An announcement of identity and purpose shall not be required prior to such breaking and entry— “(1) if the warrant expressly authorizes breaking and entry without such a prior announcement, or “(2) if circumstances known to such officer or person at the time of breaking and entry, but, in the case of the execution of a warrant, unknown to the applicant when applying for such warrant, give him probable cause to believe that— “(A) such notice is likely to result in the evidence subject to seizure being easily and quickly destroyed or disposed of, “(B) such notice is likely to endanger the life or safety of the officer or another person, “(C) such notice is likely to enable the party to be arrested to escape, or “(D) such notice would be a useless gesture. “(d) Whoever, after notice is given under subsection (b) or after entry where such notice is unnecessary under subsection (c), destroys, conceals, disposes of, or attempts to destroy, conceal, or dispose of, or 84 Stat. 631otherwise prevents or attempts to prevent the seizure of, evidence subject to seizure shall be fined not more than $5,000 or imprisoned for not more than 5 years, or both. “(e) As used in this section and in subchapters II and IV, the terms ‘break and enter’ and ‘breaking and entering’ include any use of physical force or violence or other unauthorized entry but do not include entry obtained by trick or strategem. “Chapter 7.— EXTRADITION AND FUGITIVES FROM JUSTICE “Sec. “23–701. Warrants for the arrest of fugitives from justice. “23–702. Procedure on arrest of fugitives. “23–703. Failure to appear. “23–704. Extradition. “23–705. Removal proceedings and returns to foreign countries not affected. “23–700. Confinement. “23–707. Definitions. “§ 23–701. Warrants for the arrest of fugitives from justice “Whenever any person who is (1) within the District of Columbia, (2) charged with any offense committed in any State, and (3) liable by the Constitution and laws of the United States to be delivered over upon the demand of the Governor of that State, any judge of the Superior Court may, upon complaint on oath or affirmation of any credible witness, setting forth the offense, that the person is a fugitive from justice, and such other matters as are necessary to bring the ease within the provisions of law, issue a warrant to bring the person so charged before the Superior Court, to answer the complaint. “§ 23–702. Procedure on arrest of fugitives “(a) Any person arrested upon a warrant issued pursuant, to section 23–701, or arrested within the District of Columbia as a fugitive from justice without a warrant having been issued, shall be taken before the Criminal Division of the Superior Court for preliminary examination on a complaint charging him as a fugitive. “(b) If, upon the examination of the person charged, it shall appear to the court that there is reasonable cause to believe that the complaint is true and that the person may be lawfully demanded of the chief judge, the person shall be detained or released according to law, in like manner as if the offense had been committed in the District of Columbia, to appear before the court at a future date, allowing thirty days to obtain a requisition from the Governor of the State from which the person is a fugitive. The complaint of fugitivity from another jurisdiction shall create a presumption that the person is unlikely to appear if released, which may be overcome only by clear and convincing proof. “(c) If the person so released or detained shall appear before the court upon the day ordered, he shall be discharged, unless he shall be demanded by requisition, pursuant to subsection (g) of this section or section 23–704, or unless the court shall find cause to detain or to release him as provided by subsection (b) until a later day; but regardless of whether the person shall be detained or released as provided in subsection (b) or discharged, his delivery to any person authorized by the warrant of the Governor shall be a discharge of any bond or obligation. “(d) The Chief of Police of the Metropolitan Police Department shall give notice to the police official or sheriff of the city or county from which the person is a fugitive that the person is so held in the District of Columbia. 84 Stat. 632 “(e) A person detained as provided by this section shall not be detained in jail longer than to allow a reasonable time for the person receiving the notice required by subsection (d) to apply for and obtain a proper requisition for the person detained according to the circumstances of the case and the distance of the place where the offense is alleged to have been committed. “(f) (1) At any time prior to the filing of a requisition, a person arrested pursuant to this section may in open court waive further proceedings pursuant to this chapter. “(2) Following waiver, a judge of the Superior Court may, in his discretion, if the United States attorney consents, release the person upon such conditions as the judge shall deem necessary to insure his appearance before the proper official in the State from which he is a fugitive, and shall otherwise order his return to the jurisdiction of that State in the custody of a proper official. “(3) Following waiver, a person not released pursuant to paragraph (2) of this subsection shall be ordered to return to the jurisdiction from which he is a fugitive in the custody of a proper official, and may be detained to await return. “(4) A person detained pursuant to paragraph (3) for more than three days (not including Saturdays, Sundays, and holidays) shall be returned to the court and shall thereupon be released pursuant to paragraph (2), unless the court shall find good reason to extend his detention for an additional three days to obtain the attendance of a proper official of the demanding jurisdiction. “(g) If a person has not waived further proceedings pursuant to subsection (f), and a requisition from the Governor of the jurisdiction from which the person is a fugitive is presented to the court, the court shall order the requisition to be filed and referred to the chief judge for extradition proceedings pursuant to section 23–704, and shall order the person committed pending those proceedings. “§ 23–703. Failure to appear “Any person released pursuant to section 23–702 who fails to appear as required shall be punished by a fine not exceeding $5,000 or imprisonment for not more than five years, or both. “§ 23–704. Extradition “(a) In all cases where the laws of the United States provide that fugitives from justice shall be delivered up, the chief judge of the Superior Court shall cause to be apprehended and delivered up fugitives from justice who shall be found within the District of Columbia, in the same manner and under the same regulations as the executive authority of a State is required to do by the provisions of chapter 209 of title 18, United States Code, and all executive and judicial officers are required to obey the lawful precepts or other process issued for that purpose, and to aid and assist in that delivery. “(b) The chief judge of the Superior Court may also surrender, on demand of the Governor of any State, any person in the District of Columbia charged in that State in the manner provided in subsection (a) of this section with committing an act in the District of Columbia, or in another State, intentionally resulting in a crime in the State whose executive authority is making the demand, even though the accused was not in that State at the time of the commission of the crime, and has not fled therefrom. “(c) No person apprehended in accordance with the provisions of subsections (a) and (b) of this section shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken before the chief 84 Stat. 633judge of the Superior Court of the District of Columbia who shall inform him of the demand made for his surrender, and of the crime with which he is charged, and that he has the right to demand and procure legal counsel. “(d) If the person or his counsel shall state that he desires to test the legality of the person’s arrest, the chief judge shall hold a hearing to determine whether the person shall be delivered over as demanded. At the hearing, the person shall have the same rights to challenge his detention and extradition as if the hearing were upon a writ of habeas corpus. “(e) If the chief judge shall order the person delivered over, he may appeal, within twenty-four hours, from that order to the District of Columbia Court of Appeals if the chief judge who rendered the order, or a judge of the District of Columbia Court of Appeals, issues a certificate of probable cause. The appeal shall be expedited by the District of Columbia Court of Appeals. An application for a writ of habeas corpus on behalf of a person who is authorized to demand a hearing pursuant to this subsection shall not be entertained if it appears that the applicant has failed to demand such a hearing or that the chief judge, after hearing, has ordered him delivered over, unless it also appears that the remedy by hearing is inadequate or ineffective to test the legality of his detention. “(f) Nothing contained in this subsection shall prevent a person from waiving his right to appear before the chief judge of the Superior Court and voluntarily returning in custody of a proper official to the jurisdiction of the State which is demanding him. “(g) No person demanded by the Governor of a State pursuant to this section shall be released upon bond or other obligation except pursuant to an order of a court of the demanding State. “(h) Any associate judge designated by the chief judge or acting chief judge shall have the same power to act pursuant to this section as the chief judge. “§ 23–705. Removal proceedings and returns to foreign countries not affected “Nothing contained in this chapter shall repeal, modify, or in any way affect existing law concerning the procedure for the return of any person apprehended in the District of Columbia to a Federal judicial district to answer a Federal charge, or repeal, modify, or affect existing law or treaty concerning the return to a foreign country of a person apprehended or detained in the District of Columbia as a fugitive from a foreign country. “§ 23–706. Confinement “(a) The agent of the demanding State to whom the prisoner may have been delivered in accordance with the provisions of section 23–704, may, when necessary, confine the prisoner in a facility of the District of Columbia Department of Corrections, and the Department of Corrections must receive and safely keep the prisoner for such reasonable time as will enable the officer or person having charge of him to proceed on his route, such officer or person being chargeable with the expense of keeping. “(b) The officer or agent of a demanding State to whom a prisoner may have been delivered following extradition proceedings in another State, or to whom a prisoner may have been delivered after waiving extradition in the other State, and who is passing through the District of Columbia with a prisoner for the purpose of immediately returning the prisoner to the demanding State, may, when necessary, confine the, prisoner in a facility of the Department of Corrections. 84 Stat. 634The Department of Cor sections must receive and safely keep the prisoner for such reasonable time as will enable the officer or agent to proceed on his route, such officer or agent being chargeable with the exfiense of keeping. That officer or agent shall produce and show to the Jepartment of Corrections satisfactory written evidence of the fact that he is actually transporting the prisoner to the demanding State after a requisition by the executive authority of the demanding State. The prisoner, shall not be entitled to demand a new requisition while in the District of Columbia. “§ 23–707. Definitions “For purposes of this chapter— “(1) the term ‘State’ includes any territory or possession of the United States; and “(2) the term ‘Governor’ means the executive authority of a State. “Chapter 9.— FRESH PURSUIT “Sec. “23–901. Arrests In the District of Columbia by officers of other States. “23–902. Hearing; commitment; discharge. “23–903. ’Fresh pursuit’ defined. “§ 23–901. Arrests in the District of Columbia by officers of other States “Any member of a duly organized peace unit of any State (or county or municipality thereof) of the United States who enters the District of Columbia in fresh pursuit and continues within the District of Columbia in fresh pursuit of a person in order to arrest him on the ground that he is believed to have committed a felony in such State shall have the same authority to arrest, and hold that person in custody as has any member of any duly organized peace unit of the District of Columbia to arrest and hold in custody a person on the ground that he is believed to have committed a felony in the District of Columbia. This section shall not be construed so as to make unlawful any arrest in the District of Columbia which would otherwise be lawful. “§ 23–902. Hearing; commitment; discharge “If an arrest is made in the District of Columbia by an officer of another State in accordance with the provisions of section 23–901, he shall without unnecessary delay take the person arrested before a judge of the Superior Court of the District of Columbia, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the judge determines that the arrest was lawful, he shall order the release or detention of the person arrested, pursuant to section 23–702, to await for a reasonable time a requisition from the Governor of the State demanding the extradition of the person arrested. If the judge determines that the arrest was unlawful he shall order the person discharged. “§ 23–903. ‘Fresh pursuit’ defined “For purposes of this chapter, the term ‘fresh pursuit’ shall include fresh pursuit as defined by the common law. also the pursuit of a person who has committed a felony or one whom the pursuing officer has reasonable grounds to believe has committed a felony. It shall also include the pursuit of a person whom the pursuing officer has reasonable grounds to believe has committed a felony, although no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. Such term shall not necessarily imply an instant pursuit, but pursuit without unreasonable delay. 84 Stat. 635 “Chapter 11.— PROFESSIONAL BONDSMEN “Sec. “23–1101. Definitions. “23–1102. Bonding business impressed with public interest. “23–1103. Procuring business through official or attorney for a consideration prohibited. “23–1104. Attorneys procuring employment through official or bondsman for a consideration prohibited. “23–1105. Receiving other than regular fee for bonding prohibited; bondsmen prohibited from endeavoring to secure dismissal or settlement. “23–1108. Posting names of authorized bondsmen; list to be furnished prisoners; prisoners may communicate with bondsmen; record to be kept by police. “23–1107. Bondsmen prohibited from entering place of detention unless requested by prisoner; record of visit to be kept. “23–1108. Qualifications of bondsmen; rules to be prescribed by courts; list of agents to be furnished; renewal of authority to act; detailed records to be kept; penalties and disqualifications. “23–1109. Giving advance information of proposed raid prohibited. “23–1110. Designation of official to take ball or collateral when court is not In session; issuance of citations. “23–1111. Penalties. “23–1112. Enforcement. “§ 23–1101. Definitions “For purposes of this chapter— “(1) the term ‘bonding business’ means the business of becoming surety for compensation upon bonds in criminal cases in the District of Columbia; and “(2) the term ‘bondsman’ means any person or corporation engaged in the bonding business either as a principal or as an agent, clerk, or representative of another engaged in such business. “§ 23–1102. Bonding business impressed with public interests “The bonding business is impressed with a public interest. “§ 23–1103. Procuring business through official or attorney for a consideration prohibited “It shall be unlawful for any bondsman, either directly or indirectly, to give, donate, lend, contribute, or to promise to give, donate, lend, or contribute any money, property, entertainment, or other thing of value whatsoever to any attorney at law, police officer, deputy United States marshal, jailer, probation officer, clerk, or other attache of a criminal court, or public official of any character, for procuring or assisting in procuring any person to employ the bondsman to execute as surety any bond for compensation in any criminal case in the District of Columbia. It shall be unlawful for any attorney at law, police officer, deputy United States marshal, jailer, probation officer, clerk, bailiff, or other attaché of a criminal court, or public official of any character, to accept or receive from a bondsman any money, property, entertainment, or other thing of value whatsoever for procuring or assisting in procuring a person to employ a bondsman to execute as surety any bond for compensation in a criminal case in the District of Columbia. “§ 23–1104. Attorneys procuring employment through official or bondsman for a consideration prohibited “It shall be unlawful for any attorney at law, either directly or indirectly, to give, loan, donate, contribute, or to promise to give, loan, donate, or contribute any money, property, entertainment, or other thing of value whatsoever to, or to split or divide any fee or commission with, any bondsman, police officer, deputy United States marshal, probation officer, bailiff, clerk, or other attache of any criminal court for causing or procuring or assisting in causing or procur-84 Stat. 636ing a person to employ the attorney to represent him in a criminal case in the District of Columbia. “§ 23–1105. Receiving other than regular fee for bonding prohibited; bondsmen prohibited from endeavoring to secure dismissal or settlement “It shall be lawful to charge for executing a bond in a criminal ease in the District of Columbia, but it shall be unlawful for a bondsman, either directly or indirectly, to charge, accept, or receive a sum of money, or other thing of value, other than the regular fee for bonding, from a person for whom he has executed bond, for any other service whatever performed in connection with any indictment, information, or charge upon which the person is bailed or held in the District of Columbia. It also shall be unlawful for any bondsman to settle, or attempt to settle, or to procure or attempt to procure the dismissal of any indictment, information, or charge against any person in custody or held upon bond in the District of Columbia, with a court, or with the prosecuting attorney in a court in the District of Columbia. “§ 23–1106. Posting names of authorized bondsmen; list to be furnished prisoners; prisoners may communicate with bondsmen; record to be kept by police “A typewritten or printed list alphabetically arranged of all persons engaged under the authority of any of the courts of criminal jurisdiction in the District of Columbia in the business of becoming surety upon bonds for compensation in criminal cases shall be posted in a conspicuous place in each police precinct, jail, prisoner’s dock, house of detention, and every other place in the District of Columbia in which persons in custody of the law are detained, and one or more copies thereof kept on hand; and when a person who is detained in custody in a place of detention shall request a person in charge thereof to furnish him the name of a bondsman, or to put him in communication with a bondsman, the list shall be furnished to the person in charge of the place of detention within a reasonable time to put the person detained in communication with the bondsman selected, and the person in charge of the place of detention shall contemporaneously with that transaction make in the blotter or book of record kept in the place of detention, a record showing the name of the person requesting the bondsman, the offense with which the person is charged, the time at which the request, was made, the bondsman requested, and the person by whom the bondsman was called, and preserve that as a permanent record in the book or blotter in which entered. “§ 23–1107. Bondsmen prohibited from entering place of detention unless requested by prisoner; record of visit to be kept “It shall be unlawful for a bondsman to enter a police precinct, jail, prisoner’s dock, house of detention, or other place where, persons in the custody of the law are detained in the District of Columbia for the purpose of obtaining employment as a bondsman, without having been previously called by a person detained or by some relative or other authorized person acting for or on behalf of the person detained. Whenever a bondsman enters a police precinct, jail, prisoner’s dock, house of detention, or other place where persons in the custody of the law are detained in the District of Columbia, he shall forthwith give to the person in charge thereof his mission there mid the name of the person calling him and requesting him to come to such place. That information shall be recorded by the person in charge of the place of detention and preserved as a public record, and the failure of the bondsman to give that information, or the failure of the person in charge 84 Stat. 637of the place of detention to make and preserve a record of that information, shall constitute a violation of this chapter. “§ 23–1108. Qualifications of bondsmen; rules to be prescribed by courts; list of agents to be furnished; renewal of authority to act; detailed records to be kept; penalties and disqualifications “(a) It shall be the duty of the United States District Court for the District of Columbia and the Superior Court of the District of Columbia, each, to provide, under reasonable rules and regulations, the qualifications of persons and corporations applying for authority to engage in the bonding business in criminal cases in the District of Columbia, and the terms and conditions upon which the business shall be carried on, and no person or corporation shall, either as principal, or as agent, clerk, or representative of another, engage in the bonding business in either court until he shall, by order of the court, be authorized to do so. The courts, in making these rules and regulations, and in granting authority to persons to engage in the bonding business, shall take into consideration both the financial responsibility and the moral qualities of the person so applying, and no person shall be permitted to engage, either as principal or agent, in the bonding business, who has ever been convicted of an offense involving moral turpitude, or who is not known to be a person of good moral character. It shall be the duty of each of the courts to require every person qualifying to engage in the bonding business as principal to file with the court a list showing the name, age, and residence of each person employed by the bondsman as agent, clerk, or representative in the bonding business, and require an affidavit from each of these persons stating that he will abide by the terms and provisions of this chapter. Each of the courts shall require the authority of each of those persons to be renewed from time to time at such periods as the court may by rule provide, and before the authority shall be renewed the court shall require from each of those persons an affidavit that since his previous qualification to engage in the bonding business he has abided by the provisions of this chapter, and any person swearing falsely in any of the affidavits shall be guilty of perjury. “(b) Each court shall prescribe such rules and regulations as may be necessary to insure that whenever a bondsman becomes surety for compensation upon a bond in a criminal case before the court, the bondsman shall make 11 record, which shall be accurate to the best of the maker’s knowledge and belief and shall thereafter be open for inspection by the court or its designated representative, and by the designated representative of other law enforcement agencies of the District of Columbia, of the following matters: “(1) the full name and address of the person for whom the bond is executed (referred to in this subsection as the ‘defendant’) and the full name and address of his employer, if any; “(2) the offense with which the defendant is charged; “(3) the mime of the court or officer authorizing the defendant’s admission to bail; “(4) the amount of the bond; “(5) the name of the person who called the bondsman, if other than the defendant; “(6) the amount of the bondsman’s charge for executing the bond; “(7) the full name and address of the person to whom the bondsman presented his bill for the charge: “(8) the full name and address of the person paying the charge; and “(9) the manner of payment of the charge. 84 Stat. 638 Whoever violates any rule or regulation prescribed under this subsection shall be fined not more than $500 or imprisoned not more than six months, or both, and if he is a bondsman shall be disqualified from thereafter engaging in any manner in the bonding business for such period of time as the trial judge shall order. “§ 23–1109. Giving advance information of proposed raid prohibited “It shall be unlawful for any police officer or other public official, in advance of any mid by police or other peace officers or public officials or the execution of any search warrant or warrant of arrest, to give or furnish, either directly or indirectly, any information concerning the proposed raid or arrest to any person engaged in any manner in the bonding business, or to any attorney at law; but it shall not be unlawful for any police or other peace officer, in conducting any raid or in executing any search warrant or warrant of arrest, to communicate to tiny attorney at law or person engaged in the bonding business, any fact necessary to enable the officer to obtain from the attorney at law or person engaged in the bonding business information necessary to enable the officer to carry out the raid or execute the process. “§ 23–1110. Designation of official to take bail or collateral when court is not in session; issuance of citations “(a) The judges of the Superior Court of the District of Columbia shall have the authority to appoint some official of the Metropolitan Police Department to act as a clerk of the court with authority to take bail or collateral from persons charged with offenses triable in the Superior Court at all times when the court is not open and its clerks accessible. The official so appointed shall have the same authority at those times with reference to taking bonds or collateral as the clerk of the Municipal Court had on March 3, 1933; shall receive no compensation for those services other than his regular salary: shall be subject to the orders and rules of the Superior Court in discharge of his duties, and may be removed as the clerk at any time by the judges of the court. The United States District Court for the District of Columbia shall have power to authorize the official appointed by the Superior Court to take bond of persons arrested upon writs and process from that court in criminal cases between 4 o clock postmeridian and 9 o’clock antemeridian and upon Sundays and holidays, and shall have power at any time to revoke the authority granted by it. “(b) (1) An officer or member of the Metropolitan Police Department who arrests without a warrant a person for committing a misdemeanor may, instead of taking him into custody, issue a citation requiring the person to appear before an official of the Metropolitan Police Department designated under subsection (a) of this section to act as a clerk of the Superior Court. “(2) Whenever a pei’son is arrested without a warrant for committing a misdemeanor and is booked and processed pursuant to law, an official of the Metropolitan Police Department designated under subsection (a) of this section to act as a clerk of the Superior Court may issue a citation to him for an appearance in court or at some other designated place, and release him from custody. “(3) No citation may be issued under paragraph (1) or (2) unless the person authorized to issue the citation has reason to believe that the arrested person will not cause injury to persons or damage to property and that he will make an appearance in answer to the citation. “(4) Whoever willfully fails to appear as required in a citation, shall be fined not more than the maximum provided for the misde-84 Stat. 639meanor for which such citation was issued or imprisoned for not more than one year, or both. Prosecution under this paragraph shall be by the prosecuting officer responsible for prosecuting the offense for which the citation is issued. “§ 23–1111. Penalties “Any person violating any provision of this chapter shall be lined not less than $50 nor more than $100, or imprisoned for not less than ten nor more than sixty days, or both, where no other penalty is provided by this chapter: and if the person so convicted is (1) a police officer or other public official, he shall upon recommendation of the trial judge also be forthwith dismissed from office, (2) a bondsman, he shall be disqualified from thereafter engaging in any manner in the bonding business for such a period of time as the trial judge shall order, or (3) an attorney at law, he shall be subject to suspension or disbarment as attorney at law. “§ 23–1112. Enforcement “It shall be the duty of the Superior Court and of the United States District Court for the District of Columbia to see that this chapter is enforced, and upon the impaneling of each grand jury in the District of Columbia it shall be the duty of the judge impaneling such jury to charge it to investigate the manner in which this chapter is enforced and all violations thereof in connection with the matter under investigation by such jury. “Chapter 13.— BAIL AGENCY AND PRETRIAL DETENTION “SUBCHAPTER I— DISTRICT OF COLUMBIA BAIL AGENCY “Sec. “23–1301. District of Columbia Bail Agency. “23–1302. Definitions. “23–1303. Interviews with detainees; investigations and reports; information as confidential; consideration and use of reports in making bail determinations. “23–1304. Executive committee; composition; appointment and qualifications of Director. ‘23–130o. Duties of Director; compensation; tenure. “23–1300. Chief assistant and other agency personnel; compensation. “23–1307. Annual reports to executive committee, Congress, and Commissioner. “23–1308. Budget estimates. “SUBCHAPTER II— RELEASE AND PRETRIAL DETENTION “23–1321. Release In noncapital eases prior to trial. “23–1322. Detention prior to trial. “23–1323. Detention of addict. “23–1324. Appeal from conditions of release. “23–1325. Release in capital cases or after conviction. “23–1326. Release of material witnesses. “23–1327. Penalties for failure to appear. “23–1328. Penalties for offenses committed during release. “23–1329. Penalties for violation of conditions of release. “23–1330. Contempt. “23–1331. Definitions. “23–1332. Applicability of subchapter. “SUBCHAPTER I— DISTRICT OF COLUMBIA BAIL AGENCY “§ 23–1301. District of Columbia Bail Agency “The District of Columbia Bail Agency (hereafter in this subchapter referred to as the ‘agency’) shall continue in the District of Columbia and shall secure pertinent data and provide for any judicial officer in the District of Columbia or any officer or member of the Metropolitan 84 Stat. 640Police Department issuing citations, reports containing verified information concerning any individual with respect to whom a bail or citation determination is to be made. “§ 23–1302. Definitions “As used in this chapter— “(1) the term ‘judicial officer’ means, unless otherwise indicated, the Supreme Court of the United States, the United States Court of Appeals for the District of Columbia Circuit, the District of Columbia Court of Appeals, United States District Court for the District of Columbia, the Superior Court of the District of Columbia or any justice or judge of those courts or a United States commissioner or magistrate; and “(2) the term ‘bail determination’ means any order by a judicial officer respecting the terms and conditions of detention or release (including any order setting the amount of bail bond or any other kind of security) made to assure the appearance in court of— “(A) any person arrested in the District of Columbia, or “(B) any material witness in any criminal proceeding in a court referred to in paragraph (1). “§ 23–1303. Interviews with detainees; investigations and reports; information as confidential; consideration and use of reports in making bail determinations “(a) The agency shall, except when impracticable, interview any person detained pursuant to law or charged with an offense in the District of Columbia who is to appear before a judicial officer or whose case arose in or is before any court named in section 23–1302(1). The interview, when requested by a judicial officer, shall also be undertaken with respect, to any person charged with intoxication or a traffic violation. The agency shall seek independent verification of information obtained during the interview, shall secure any such person’s prior criminal record which shall be made available by the Metropolitan Police Department, and shall prepare a written report of the information for submission to the appropriate judicial officer. The report to the judicial officer shall, where appropriate, include a recommendation as to whether such person should be released or detained under any of the conditions specified in subchapter II of this chapter. If the agency does not make a recommendation, it shall submit a report without recommendation. The agency shall provide copies of its report and recommendations (if any) to the United States attorney for the District of Columbia or the Corporation Counsel of the District of Columbia, and to counsel for the person concerning whom the report is made. The report shall include but not be limited to information concerning the person accused, his family, his community ties, residence, employment, and prior criminal record, and may include such additional verified information as may become available to the agency. “(b) With respect to persons seeking review under subchapter II of this chapter of their detention or conditions of release, the agency shall review its report, seek and verify such new information as may be necessary, and modify or supplement its report to the extent appropriate. “(c) The agency, when requested by any appellate court or a judge or justice thereof, or by any other judicial officer, shall furnish a report as provided in subsection (a) of this section respecting any person whose case is pending before any such appellate court or judicial officer or in whose behalf an application for a bail determination shall have been submitted. 84 Stat. 641 “(d) Any inform at ion contained in the agency’s files, presented in its report, or divulged during the course of any hearing shall not be admissible on the issue of guilt in any judicial proceeding, but such information may be used in proceedings under sections 23–1327, 23–1328, and 23–1329, in perjury proceedings, and for the purposes of impeachment in any subsequent proceeding. “(e) The agency, when requested by a member or officer of the Metropolitan Police Department acting pursuant to court rules governing the issuance of citations in the District of Columbia, shall furnish to such member or officer a report as provided in subsection (a). “(f) The preparation and the submission by the agency of its report as provided in this section shall be accomplished at the earliest practicable opportunity. “(g) A judicial officer in making a bail determination shall consider the agency’s report and its accompanying recommendation, if any. The judicial officer may order such detention or may impose such terms and set. Such conditions upon release, including requiring the execution of a bail bond with sufficient solvent sureties as shall appear warranted by the facts, except that such judicial officer may not order any detention or establish any term or condition for release not otherwise authorized by law. “(h) The agency shall— “(1) supervise all persons released on nonsurety release, including release on personal recognizance, personal bond, nonfinancial conditions, or cash deposit or percentage deposit with the registry of the court; “(2) make reasonable effort to give notice of each required court appearance to each person released by the court; “(3) serve as coordinator for other agencies and organizations which serve or may be eligible to serve as custodians for persons released under supervision and advise the judicial officer as to the eligibility, availability, and capacity of such agencies and organizations: “(4) assist persons released pursuant to subchapter II of this chapter in securing employment or necessary medical or .social services: “(5) inform the judicial officer and the United States attorney for the District of Columbia or the Corporation Counsel of the District of Columbia of any failure to comply with pretrial release conditions or the arrest of persons released under its supervision and recommend modifications of release conditions when appropriate; “(6) prepare, in cooperation with the United States marshal for the District of Columbia and the United States attorney for the District of Columbia, such pretrial detention reports as are required by Rule 46(h) of the Federal Rules of Criminal Procedure; and “(7) perform such other pretrial functions as the executive committee may, from time to time, assign. “§ 23–1304. Executive committee; composition; appointment and qualifications of Director “(a) The agency shall function tinder authority of and be responsible to an executive committee of five members of which three shall constitute a quorum. The executive committee shall be composed of the respective chief judges of the United States Court of Appeals for the District of Columbia Circuit, the United States District Court for the District of Columbia, the District of Columbia Court of Ap-84 Stat. 642peals, the Superior Court, or if circumstances may require, the designee of any such chief judge, and a fifth member who shall be selected by the chief judges. “(b) The executive committee shall appoint a Director of tire agency who shall be a member of the bar of the District of Columbia. “§ 23–1305. Duties of Director; compensation; tenure “The Director of the agency shall be responsible for the supervision and execution of the duties of the agency. The Director shall receive such compensation as may be set by the executive committee but not in excess of the compensation authorized for GS–16 of the General Schedule contained in section 5332 of title 5, United States Code. The Director shall hold office at the pleasure of the executive committee. “§ 23–1306. Chief assistant and other agency personnel; compensation “The Director, subject to the approval of the executive committee, shall employ a chief assistant and such assisting and clerical staff and may make assignments of such agency personnel as may be necessary properly to conduct the business of the agency. The staff of the agency, other than clerical, shall be drawn from law students, graduate students, or such other available sources as may be approved by the executive committee. The chief assistant to the Director shall receive compensation as may be set by the executive committee, but in an amount not in excess of the amount authorized for GS–14 of the General Schedule contained in section 5332 of title 5, United States Code, and shall hold office at the pleasure of the executive committee. All other employees of the agency shall receive compensation, as set by the executive committee, which shall be comparable to levels of compensation established in such chapter 53. From time to time, the Director, subject to the approval of the executive committee, may set merit and longevity salary increases. “§ 23–1307. Annual reports to executive committee, Congress, and Commissioner “The Director shall on June 15 of each year submit to the executive committee a report as to the agency’s administration of its responsibilities for the previous period of June 1 through May 31, a copy of which report will be transmitted by the executive committee to the Congress of the United States, and to the Commissioner of the District of Columbia. The Director shall include in his report, to be prepared as directed by the Commissioner of the District of Columbia, a statement of financial condition, revenues, and expenses for the past June 1 through May 31 period. “§ 23–1308. Budget estimates “Budget estimates for the agency shall be prepared by the Director and shall be subject to the approval of the executive committee. “SUBCHAPTER II— RELEASE AND PRETRIAL DETENTION “§ 23–1321. Release in noncapital cases prior to trial “(a) Any person charged with an offense, other than an offense punishable by death, shall, at his appearance before a judicial officer, be ordered released pending trial on his personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the judicial officer, unless the officer determines, in the exercise of his discretion, that such a release will not reasonably assure the the appearance of the person as required or the safety of any other person 84 Stat. 643or the community. When such a determination is made, the judicial officer shall, either in lieu of or in addition to the above methods of release, impose the first of the following conditions of release which will reasonably assure the appearance of the person for trial or the safety of any other person or the community, or, if no single condition gives that assurance, any combination of the following conditions: “(1) Place the person in the custody of a designated person or organization agreeing to supervise him. “(2) Place, restrictions on the travel, association, or place of abode of the person during the period of release. “(3) Require the execution of an appearance bond in a specified amount and the deposit in the registry of the court, in cash or other security as directed, of a sum not to exceed 10 per centum of the amount of the bond, such deposit to be returned upon the performance of the conditions of release. “(4) Require the execution of a bail bond with sufficient solvent sureties, or the deposit of cash in lieu thereof. “(5) Impose any other condition, including a condition requiring that the person return to custody after specified hours of release for employment or other limited purposes. No financial condition may be imposed to assure the safety of any other person or the community. “(b) In determining which conditions of release, if any, will reasonably assure the appearance of a person as required Or the safety of any other person or the community, the judicial officer shall, on the basis of available information, take into account such matters as the nature and circumstances of the offense charged, the weight of the evidence against such person, his family ties, employment, financial resources, character and mental conditions, past conduct, length of residence in the community, record of convictions, and any record of appearance at court proceedings, flight to avoid prosecution, or failure to appear at court proceedings. “(c) A judicial officer authorizing the release of a person under this section shall issue an appropriate order containing a statement, of the conditions imposed, if any, shall inform such person of the penalties applicable to violations or the conditions of his release, shall advise him that a warrant for his arrest will be issued immediately upon any such violation, and shall warn such person of the penalties provided in section 23–1328. “(d) A person for whom conditions of release are imposed and who, after twenty-four hours from the time of the release hearing, continues to be detained as a result of his inability to meet the conditions of release, shall, upon application, be entitled to have the conditions reviewed by the judicial officer who imposed them. Unless the conditions of release are amended and the person is thereupon released, the judicial officer shall set forth in writing the reasons for requiring the conditions imposed. A person who is ordered released on a condition which requires that he return to custody after specified hours shall, upon application, be entitled to a review by the judicial officer who imposed the condition. Unless the requirement is removed and the person is thereupon released on another condition, the judicial officer shall set forth in writing the reasons for continuing the requirement. In the event that the judicial officer who imposed conditions of release is not available, any other judicial officer may review such conditions. “(e) A judicial officer ordering the release of a person on any condition specified in this section may at any time amend his order to impose additional or different conditions of release, except that if the 84 Stat. 644imposition of such additional or different conditions results in the detention of the person as a result of his inability to meet such conditions or in the release of the person on a condition requiring him to return to custody after specified hours, the provisions of subsection (d) shall apply. “(f) Information stated in, or offered in connection with, any order entered pursuant to this section need not conform to the rules pertaining to the admissibility of evidence in a court of law. “(g) Nothing contained in this section shall be construed to prevent the disposition of any case or class of cases by forfeiture of collateral security where such disposition is authorized by the court. “(h) The following shall be applicable to any person detained pursuant to this subchapter: “(1) The person shall be confined, to the extent practicable, in facilities separate from convicted persons awaiting or serving sentences or being held in custody pending appeal. “(2) The person shall be afforded reasonable opportunity for private consultation with counsel and, for good cause shown, shall be released upon order of the judicial officer in the custody of the United States marshal or other appropriate person for limited periods of time to prepare defenses or for other proper reasons. “§ 23–1322. Detention prior to trial “(a) Subject, to the provisions of this section, a judicial officer may order pretrial detention of— “(1) a person charged with a dangerous crime, as defined in section 23–1331(3), if the Government certifies by motion that based on such person’s pattern of behavior consisting of his past and present conduct, and on the other factors set out in section 23–1321 (b), there is no condition or combination of conditions which will reasonably assure the safety of the community; “(2) a person charged with a crime of violence, as defined in section 23–1331(4), if (i) the person has been convicted of a crime of violence within the ten-year period immediately preceding the alleged crime of violence for which he is presently charged; or (ii) the crime of violence was allegedly committed while the person was, with respect to another crime of violence, on bail or other release or on probation, parole, or mandatory release pending completion of a sentence; or “(3) a person charged with any offense if such person, for the purpose of obstructing or attempting to obstruct justice, threatens, injures, intimidates, or attempts to threaten, injure, or intimidate any prospective witness or juror. “(b) No person described in subsection (a) of this section shall be ordered detained unless the judicial officer— “(1) holds a pretrial detention hearing in accordance with the provisions of subsection (c) of this section: “(2) finds— “(A) that there is clear and convincing evidence that the person is a person described in paragraph (1), (2), or (3) of subsection (a) of this section; “(B) that— “(i) in the case of a person described only in paragraph (1) of subsection (a), based on such person’s pattern of behavior consisting of his past and present conduct, and on the other factors set out in section 23–1321 (b), or 84 Stat. 645 “(ii) in the case of a person described in paragraph (2) or (3) of such subsection, based on the factors set out in section 23–1321 (b), there is no condition or combination of conditions of release which will reasonably assure the safety of any other person or the community; and “(C) that, except with respect to a person described in paragraph (3) of subsection (a) of this section, on the basis of information presented by proffer or otherwise to the judicial officer there is a substantial probability that the person committed the offense for which he is present before the judicial officer; and “(3) issues an order of detention accompanied by written findings of fact and the reasons for its entry. “(c) The following procedures shall apply to pretrial detention hearings held pursuant to this section: “(1) Whenever the person is before a judicial officer, the hearing may be initiated on oral motion of the United States attorney. “(2) Whenever the person has been released pursuant, to section 23–1321 and it subsequently appears that such person may be subject to pretrial detention, the United States attorney may initiate a pretrial detention hearing by ex parte written motion. Upon such motion the judicial officer may issue a warrant for the arrest of the person and if such person is outside the District of Columbia, he shall be brought before a judicial officer in the district where he is arrested and shall then be transferred to the District of Columbia for proceedings in accordance with this section. “(3) The pretrial detention hearing shall be held immediately upon the person being brought before the judicial officer for such hearing unless the person or the United States attorney moves for a continuance. A continuance granted on motion of the person shall not exceed five calendar days, unless there are extenuating circumstances. A continuance on motion of the United States attorney shall be granted upon good cause shown and shall not exceed three calendar days. The person may be detained pending the hearing. “(4) The person shall be entitled to representation by counsel and shall be entitled to present information by proffer or otherwise, to testify, and to present witnesses in his own behalf. “(5) Information stated in, or offered in connection with, any order entered pursuant to this section need not conform to the rules pertaining to the admissibility of evidence in a court of law. “(6) Testimony of the person given during the hearing shall not be admissible on the issue of guilt in any other judicial proceeding, but such testimony shall be admissible in proceedings under sections 23–1327, 23–1328, and 23–1329, in perjury proceedings, and for the purposes of impeachment, in any subsequent proceedings. “(7) Appeals from orders of detention may be taken pursuant to section 23–1324. “(d) The following shall be applicable to persons detained pursuant to this section: “(1) The case of such person shall be placed on an expedited calendar and, consistent with the sound administration of justice, his trial shall be given priority. 84 Stat. 646 “(2) Such person shall be treated in accordance with section 23–1321— “(A) upon the expiration of sixty calendar days, unless the trial is in progress or the trial has been delayed at the request of the person other than by the filing of timely motions (excluding motions for continuances); or “(B) whenever a judicial officer finds that a subsequent event has eliminated the basis for such detention. “(3) The person shall be deemed detained pursuant to section 23–1325 if he is convicted. “(e) The judicial officer may detain for a period not to exceed five calendar days a person who comes before him for a bail determination charged with any offense, if it appears that such person is presently on probation, parole, or mandatory release pending completion of sentence for any offense under State or Federal law and that such person may flee or pose a danger to any other person or the community if released. During the five-day period, the United States attorney or the Corporation Counsel for the District of Columbia shall notify the appropriate State or Federal probation or parole officials. If such officials fail or decline to take the person into custody during such period, the person shall be treated in accordance with section 23–1321, unless he is subject to detention under this section. If the person is subsequently convicted of the offense charged, he shall receive credit toward service of sentence for the time he was detained pursuant to this subsection. “§ 23–1323. Detention of addict “(a) Whenever it appears that a person charged with a crime of violence, as defined in section 23–1331 (4), may be an addict, as defined in section 23–1331(5), the judicial officer may, upon motion of the United States attorney, order such person detained in custody for it period not to exceed three calendar days, under medical supervision, to determine whether the person is an addict. “(b) Upon or before the expiration of three caterer days, the person shall be brought before a judicial officer and the results of the determination shall be presented to such judicial officer. The judicial officer thereupon (1) shall treat the person in accordance with section 23–1321, or (2) upon motion of the United States attorney, may (A) hold a hearing pursuant to section 23–1322, or (B) hold a hearing pursuant to subsection (c) of this section. “(c) A person who is an addict may be ordered detained in custody under medical supervision if the judicial officer— “(1) holds a pretrial detention hearing in accordance with subsection (c) of section 23–1322; “(2) finds that— “(A) there is clear and convincing evidence that the person is an addict; “(B) based on the factors set out in subsection (b) of section 23–1321, there is no condition or combination of conditions of release which will reasonably assure the safety of any other person or the community; and “(C) on the basis of information presented to the judicial officer by proffer or otherwise, there is a substantial probability that the person committed the offense for which he is present before the judicial officer: and “(3) issues an order of detention accompanied by written findings of fact and the reasons for its entry. 84 Stat. 647 “(d) The provisions of subsection (d) of section 23–1322 shall apply to this section. “§ 23–1324. Appeal from conditions of release “(a) A person who is detained, or whose release on a condition requiring him to return to custody after specified hours is continued, after review of his application pursuant to section 23–1321(d) or section 23–1321 (e) by a judicial officer, other than a judge of the court having original jurisdiction over the offense with which he is charged or a judge of a United States court of appeals or a Justice of the Supreme Court, may move the court having original jurisdiction over the offense with which he is charged to amend the order. Such motion shall be determined promptly. “(b) In any case in which a person is detained after (1) a court denies a motion under subsection (a) to amend an order imposing conditions of release, (2) conditions of release have been imposed or amended by a judge of the court having original jurisdiction over the offense charged, or (3) he is ordered detained or an order for his detention has been permitted to stand by a judge of the court having original jurisdiction over the offense charged, an appeal may be taken to the court having appellate jurisdiction over such court. Any order so appealed shall be affirmed if it is supported by the proceedings below. If the order is not So supported, the court may remand the case for a further hearing, or may, with or without additional evidence, order the person released pursuant to section 23–1321 (a). The appeal shall be determined promptly. “(c) In any case in which a judicial officer other than a judge of the court having original jurisdiction over the offense with which a person is charged orders his release with or without setting terms or conditions of release, or denies a motion for the pretrial detention of a person, the United States attorney may move the court having original jurisdiction over the offense to amend or revoke the order. Such motion shall be considered promptly. “(d) In any case in which— “(1) a person is released, with or without the setting of terms or conditions of release, or a motion for the pretrial detention of a person is denied, by a judge of the court having original jurisdiction over the offense with which the person is charged, or “(2) a judge of a court having such original jurisdiction does not grant the motion of the United States attorney filed pursuant to subsection (c), the United States attorney may appeal to the court having appellate jurisdiction over such court. Any order so appealed shall be affirmed if it is supported by the proceedings below. If the order is not so supported, (A) the court may remand the case for a further hearing, (B) with or without additional evidence, change the terms or conditions of release, or (C) in cases in which the United States attorney requested pretrial detention pursuant to sections 23–1322 and 23–1323, order such detention. “§ 23–1325. Release in capital cases or after conviction “(a) A person who is charged with an offense punishable by death shall be treated in accordance with the provisions of section 23–1321 unless the judicial officer has reason to believe that no one or more conditions of release will reasonably assure that the person will not flee or pose a danger to any other person or to the community. If such a risk of flight or danger is believed to exist, the person may be ordered detained. “(b) A person who has been convicted of an offense and is awaiting sentence shall be detained unless the judicial officer finds by clear 84 Stat. 648and convincing evidence that he is not likely to flee or pose a danger to any other person or to the property of others. Upon such finding, the judicial officer shall treat the person in accordance with the provisions of section 28–1321. “(c) A person who has been convicted of an offense and sentenced to a term of confinement or imprisonment and has filed an appeal or a petition for a writ of certiorari shall be detained unless the judicial officer finds by clear and convincing evidence that (1) the person is not likely to flee or pose a danger to any other person or to the property of others, and (2) the appeal or petition for a writ of certiorari raises a substantial question of law or fact likely to result in a reversal or an order for new trial. Upon such findings, the judicial officer shall treat the person in accordance with the provisions of section 23–1321. “(d) The provisions of section 23–1324 shall apply to persons detained in accordance with this section, except that the finding of the judicial officer that the appeal or petition for writ of certiorari does not raise by clear and convincing evidence a substantial question of law or fact likely to result in a reversal or order for new trial shall receive de novo consideration in the court in which review is sought. “§ 23–1326. Release of material witnesses “If it appears by affidavit that the testimony of a person is material in any criminal proceeding, and if it is shown that it may become impracticable to secure his presence by subpena, a judicial officer shall impose conditions of release pursuant to section 23–1321. No material witness shall be detained because of inability to comply with any condition of release if the testimony of such witness can adequately be secured by deposition, and further detention is not necessary to prevent a failure of justice. Release may be delayed for a reasonable period of time until the deposition of the witness can be taken pursuant to the Federal Rules of Criminal Procedure. “§ 23–1327. Penalties for failure to appear “(a) Whoever, having been released under this title prior to the commencement of his sentence, willfully fails to appear before any court or judicial officer as required, shall, subject to the provisions of the Federal Rules of Criminal Procedure, incur a forfeiture of any security which was given or pledged for his release, and, in addition, shall, (1) if he was released in connection with a charge of felony, or while awaiting sentence or pending appeal or certiorari prior to commencement of his sentence after conviction of any offense, be fined not more than $5,000 and imprisoned not less than one year and not more than five years, (2) if he was released in connection with a charge of misdemeanor, be fined not more than the maximum provided for such misdemeanor and imprisoned for not less than ninety days and not more than one year, or (3) if he was released for appearance as a material witness, be fined not more than $1,000 or imprisoned for not more than one year, or both. “(b) Any failure to appear after notice of the appearance date shall be prim a facie evidence that such failure to appear is willful. Whether the person was warned when released of the penalties for failure to appear shall be a factor in determining whether such failure to appear was willful, but the giving of such warning shall not be a prerequisite to conviction under this section. “(c) The trier of facts may convict under this section even if the defendant has not received actual notice of the appearance date if (1) reasonable efforts to notify the defendant have been made, and (2) the defendant, by his own actions, has frustrated the receipt of actual notice. 84 Stat. 649 “(d) Any term of imprisonment imposed pursuant to this section shall be consecutive to any other sentence of imprisonment. “§ 23–1328. Penalties for offenses committed during release “(a) Any person convicted of an offense committed while released pursuant to section 23–1321 shall be subject to the following penalties in addition to any other applicable penalties: “(1) A term of imprisonment of not less than one year and not more than five years if convicted of committing a felony while so released: and “(2) A term of imprisonment of not less than ninety days and not more than one year if convicted of committing a misdemeanor while so released. “(b) The giving of a warning to the person when released of the penalties imposed by this section shall not be a prerequisite to the application of this section. “(c) Any term of imprisonment imposed pursuant to this section shall be consecutive to any other sentence of imprisonment. “§ 23–1329. Penalties for violation of conditions of release “(a) A person who has been conditionally released pursuant to section 23–1321 and who has violated a condition of release shall be subject to revocation of release, an order of detention, and prosecution for contempt of court. “(b) Proceedings for revocation of release may be initiated on motion of the United States attorney. A warrant for the arrest of a person charged with violating a condition of release may be issued by a judicial officer and if such person is outside the District of Columbia he shall be brought before a judicial officer in the district where he is arrested and shall then be transferred to the District of Columbia for proceedings in accordance with this section. No order of revocation and detention shall be entered unless, after a hearing, the judicial officer finds that— “(1) there is clear and convincing evidence that such person has violated a condition of his release; and “(2) based on the factors set out in subsection (b) of section 23–1321, there is no condition or combination of conditions of release which will reasonably assure that such person will not flee or pose a danger to any other person or the community. The previsions of subsections (c) and (d) of section 23–1322 shall apply to this subsection. “(c) Contempt sanctions may be imposed if, upon a hearing and in accordance with principles applicable to proceedings for criminal contempt, it is established that such person has intentionally violated a condition of his release. Such contempt proceedings shall be expedited and heard by the court without a jury. Any person found guilty of criminal contempt for violation of a condition of release shall be imprisoned for not more than six months, or fined not more than $1,000, or both. “(d) Any warrant issued by a judge of the Superior Court for violation of release conditions or for contempt of court, for failure to appear as required, or pursuant to subsection (c)(2) of section 23–1322, may be executed at any place within the jurisdiction of the United States. Such warrants shall be executed by a United States marshal or by any other officer authorized by law. “§ 23–1330. Contempt “Nothing in this subchapter shall interfere with or prevent the exercise by any court of the United States of its power to punish for contempt. 84 Stat. 650 “§ 23–1331. Definitions “As used in this subchapter: “(1) The term ‘judicial officer’ means, unless otherwise indicated, any person or court in the District of Columbia authorized pursuant to section 3041 of title 18, United States Code, or the Federal Rules of Criminal Procedure, to bail or otherwise release a person before trial or sentencing or pending appeal in a court of the United States, and any judge of the Superior Court. “(2) The term ‘offense’ means any criminal offense committed in the District of Columbia, other than an offense triable by courtmartial, military commission, provost court, or other military tribunal, which is in violation of an Act of Congress. “(3) The term ‘dangerous crime’ means (A) tailing or attempting to take property from another by force or threat of force, (B) unlawfully entering or attempting to enter any premises adapted for overnight accommodation of persons or for carrying on business with the intent to commit an onlense therein. (C) arson or attempted arson of any premises adaptable for overnight accommodation of persons or for carrying on business, (D) forcible rape, or assault with intent to commit forcible rape, or (E) unlawful sale or distribution of a narcotic or depressant or stimulant drug (as defined by any Act of Congress) if the offense is punishable by imprisonment for more than one year. “(4) The term ‘crime of violence’ means murder, forcible rape, carnal knowledge of a female under the age of sixteen, taking or attempting to take immoral, improper, or indecent liberties with a child under the age of sixteen years, mayhem, kidnaping, robbery, burglary, voluntary manslaughter, extortion or blackmail accompanied by threats of violence, arson, assault with intent to commit any offense, assault with a dangerous weapon, or an attempt or conspiracy to commit any of the foregoing offenses, as defined by any Act of Congress or any State law, if the offense is punishable by imprisonment for more, than one year. “(5) The term ‘addict’ means any individual who habitually uses any narcotic drug as defined by section 4731 of the Internal Revenue Code of 1954 so as to endanger the public morals, health, safety, or welfare. “§ 23–1332. Applicability of subchapter “The provisions of this subchapter shall apply in the District of Columbia in lieu of the provisions of sections 3146 through 3152 of title 18, United States Code. “Chapter 15— OUT-OF-STATE WITNESSES “Sec. “23–1501. Definitions. “23–1502. Hearing on recall of out of State witnesses by State courts; determination; travel allowance; penalty. “23–1503. Certificate providing for attendance of witnesses at criminal prosecutions in tie District of Columbia; travel allowance; penalty. “23–1504. Exemption from arrest. “§ 23–1501. Definitions “As used in this chapter— “(1) The term ‘witness’ includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding. “(2) The term ‘State’ includes the Commonwealth of Puerto Rico, the District of Columbia, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States. “(3) The term ‘summons’ includes a subpena, order, or other notice requiring the appearance of a witness. 84 Stat. 651 “§ 23–1502. Hearing on recall of out of State witnesses by State courts; determination; travel allowance; penalty “(a) If a judge of a court of record in any State which by its laws has made provision for commanding persons within that State to attend and testify in the District of Columbia certifies under the seal of the court (1) that there is a criminal prosecution pending in that court, or that a grand jury investigation has commenced or is about to commence, (2) that a person within the District of Columbia is a material witness in the prosecution or grand jury investigation, and (3) that his presence will be required for a specified number of days, upon presentation of that certificate to any judge of the Superior Court of the District of Columbia, except as provided in subsection (c), such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing. “(b) If at the hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to attend and testify in the prosecution or grand jury investigation in the requesting State, and that the laws of such State and of any other State through which the witness may be required to pass by ordinary course of travel, will give to him protection from arrest and the service of civil and criminal process, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the prosecution or grand jury investigation, as the ease may be, at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein. “(c) If the certificate presented under subsection (a) recommends that the witness be taken into immediate custody and delivered to an officer of the requesting State to assure his attendance, in the requesting State, the judge may in lieu of notification of hearing, direct that the witness be forthwith brought before him for a hearing. If the judge at the hearing is satisfied of the desirability of the custody and delivery of the witness, he may, in lieu of issuing subpena or summons, order the witness to be forthwith taken into custody and delivered to an officer of the requesting State. The certificate shall be prima facie proof of the desirability of the custody and delivery of the witness. “(d) Any witness who is summoned as above provided and, after being paid or tendered by some properly authorized person the fees and allowances authorized for witnesses in criminal cases in United States district courts, fails without good cause to attend and testify as directed in the summons, shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from the Superior Court. “§ 23–1503. Certificate providing for attendance of witnesses at criminal prosecutions in the District of Columbia; travel allowance; penalty “(a) If a person in any State, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or grand jury investigations in the District of Columbia, is a material witness in such a prosecution or a grand jury investigation in the District of Columbia which has commenced or is about to commence, a judge may issue a certificate under seal stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of the United States or the District of Columbia to assure his attendance in the District of Columbia. This certificate shall be presented to a judge of a court of record in the county in which the witness is found. 84 Stat. 652 “(b) If the witness is summoned to attend and testify in the District of Columbia he shall be tendered the fees and allowances authorized for witnesses in criminal cases in United States district courts. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within the District of Columbia for a period longer than that specified in the certificate, unless otherwise ordered by the court. If the witness, after coming into the District of Columbia, fails without good cause to attend and testify as directed in the summons, he may be punished in the manner provided for the punishment of any other witness who disobeys a summons issued from the court in the District of Columbia where the prosecution has been instituted or the grand jury investigation has commenced or is about to commence. “§ 23–1504. Exemption from arrest “(a) Any person who comes into the District of Columbia in obedience to a summons directing him to attend and testify in the District of Columbia shall not, while in the District of Columbia, pursuant to the summons, be subject to arrest or the service of process, civil or criminal, in connection with any matter which arose before his entrance into the District of Columbia under the summons. “(b) Any person who is in the process of passing through the District of Columbia for the purpose of proceeding to or returning from a State which has summoned him to attend and testify shall not be subject to arrest or the service of process, civil or criminal, in connection with any matter which arose at some other time. “Chapter 17.— DEATH PENALTY “Sec. “23–1701. Capital punishment. “23–1702. Provision for death chain her; appointment of executioner and assistants; fees. “23–1703. Sentences to be in writing and certified copy furnished. “23–1704. Who may be present at execution; fact of execution to be certified to clerk of court. “23–1705. Place of execution. “§ 23–1701. Capital punishment “The mode of capital punishment in the District of Columbia shall be by the process commonly known as electrocution. The punishment of death shall be inflicted by causing to pass through the body of the convict a current of electricity of sufficient intensity to cause death, and the application of the current shall be continued until the convict is dead. The time fixed for the execution of the sentence shall not be considered an essential part of the sentence, and if it be not executed at the time therein appointed, by reason of the pendency of an appeal or for other cause, the court may appoint another day for carrying the same into execution. “§ 23–1702. Provision for death chamber; appointment of executioner and assistants; fees “The Commissioner of the District of Columbia shall provide a death chamber and necessary apparatus for inflicting the death penalty by electrocution and designate an executioner and necessary assistants, not exceeding three in number. The District of Columbia Council shall fix the fees for the executioner and his assistants. “§ 23–1703. Sentences to be in writing and certified copy furnished “If a person is sentenced to death for a conviction in the District of Columbia the presiding judge shall sentence the convicted person to death according to the terms of this chapter, and make the sentence 84 Stat. 653in writing, such sentence shall be filed with the papers in the case against the convicted person, and a certified copy thereof shall be transmitted, by the clerk of the court in which such sentence is pronounced, to the District of Columbia Department of Corrections not less than ten days prior to the time fixed in the sentence of the court for the execution. “§ 23–1704. Who may be present at execution; fact of execution to be certified to clerk of court “At the execution of the death penalty there shall be present only the following persons: The executioner and his assistant; the prison physician and one other physician if the condemned person so desires; the condemned person’s counsel and relatives, not exceeding three, if they so desire; the prison chaplain and such other ministers of the Gospel, not exceeding two, as may attend by desire of the condemned; the superintendent of the prison, or, in the event of his disability, a deputy designated by him; and not fewer than three nor more than five respectable citizens whom the superintendent of the prison shall designate, and, if necessary to insure their attendance, shall subpena to be present. The fact of execution shall be certified by the prison physician and the executioner to the clerk of the court in which sentence was pronounced, which certificate shall be filed by the clerk with the papers in the case. No person under the age of twenty-one years shall be allowed to witness any execution. “§ 23–1705. Place of execution “Any person adjudged to suffer death shall be executed within the walls of the designated facility of the Department of Corrections, or within the yard or inclosure thereof, and not elsewhere.” (b) The following provisions of law are repealed on the effective date of this Act, except with respect to rights and duties which matured, penalties which were incurred, and proceedings which were begun before the effective date of this Act: (1) Sections 397 and 398 of the Revised Statutes of the District of Columbia (D.C. Code. secs. 4–140,4–141). (2) The following provision of British law in effect in the District of Columbia: 23 Geo. II, chapter 11, sections 1 and 2 (D.C. Code. secs. 23–204, 23–205). (3) The following sections of the Act entitled “An Act to establish a code of law for the District of Columbia”, approved March 3, 1901: (A) Sections 911 to 914 (D.C. Code. secs. 23–301 to 23–304). (B) Sections 915 to 917 (D.C. Code. secs. 23–201 to 23–203). (C) Sections 918 to 924 (D.C. Code. secs. 23–107 to 23–113). (D) Section 926 (D.C. Code. sec. 23–114) (E) Sections 930 and 931 (D.C. Code. secs. 23–401, 23–402). (F) Sections 932 and 933 (D.C. Code. secs. 23–101, 23–102). (G) Sections 935 and 938 (D.C. Code. secs. 23–105, 23–106). (H) Section 939 (D.C. Code, sec. 23–104). (I) Section 1200 (D.C.Code, sec. 23–706). (J) Section 1203 (D.C. Code, sec. 23–705). (4) Act of January 30, 1925 (43 Stat. 798; D.C. Code. secs. 23–701 to 23–704). (5) Act of April 21, 1928 (45 Stat. 440; D.C. Code. secs. 23–403 to 23–410). (6) Act of March 3, 1933 (47 Stat. 1482; D.C. Code. secs. 23–601 to 23–612). (7) Section 5 of the Act of April 5, 1938 (52 Stat. 198, 199; D.C. Code. sec. 23–305). 84 Stat. 654 (8) Uniform Act on Fresh Pursuit (53 Stat. 1124; D.C. Code. secs. 23–501 to 23–504). (9) Act of March 5, 1952 (66 Stat. 15: D.C. Code, sees. 23–801 to 23–804). (10) Sections 207, 402, and 407(b) of the District of Columbia Law Enforcement Act of 1953 (67 Stat. 90, 96, 102, 106; D.C. Code. secs. 23–306, 23–115,and 23–411) . (11) The District of Columbia Bail Agency Act (80 Stat. 327; D.C. Code. secs. 23–901 to 23–909). (12) Act of July 30, 1968 (82 Stat. 460; D.C. Code, sec. 23–101a).