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PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

AMENDMENTS RELATING TO REVIEW OF ADMINISTRATIVE ACTIONS REGARDING OCCUPATIONS A N D PROFESSIONS

45 Stat. 1338; 77 Stat. 615.

Infra,

Ante, p. 582. 45 Stat. 1337.

54 Stat. 718; 63 Stat. 107.

SEC. 164. (a) The Act entitled "An Act to regulate the practice of the healing art to protect the public health in the District of Columbia", approved February 27, 1929, is amended as follows: (1) Section 38 of such Act (D.C. Code, sec. 2-129) is amended to read as follows: "SEC. 38. The Commission may refuse to license or to register any person for any cause that in the judgment of the Commission would authorize suspension or revocation of a license or registration under section 27 of this Act. Before the Commission refuses to license or register any applicant for cause under this section, it shall give him an opportunity to be heard in person or by attorney and to produce witnesses in his behalf. Witnesses may be produced on behalf of the Commission and on behalf of any interested person. The attendance and testimony of witnesses may be compelled by subpena issued by the Superior Court of the District of Columbia, and that court is authorized to issue and enforce the subpenas on petition of the Commission. Any person failing or refusing, without just cause, to appear and testify in response to a subpena, or in any way obstructing the course on any hearing to which he has been subpenaed, is guilty of contempt of court and may be punished as other persons guilty of contempt of court are punished. Any member of the Commission may administer oaths at any hearing. Review of the Commission's action may be had in accordance with the District of Columbia Administrative Procedure Act (D. C. Code, secs. 1-1501 to 1-1510)." (2) Section 27 of such Act (D.C. Code, sec. 2-123) is amended to read as follows— "SEC. 27. Suspension or revocation by the Commission of any license issued or registration effected under this Act, with respect to a person guilty of misconduct or professionally incapacitated, shall be governed by the District of Columbia Administrative Procedure Act (D.C. Code, sec. 1-1501 to 1-1510)." (b) The Act of July 2, 1940, is amended as follows: (1) Section 11 of such Act (D.C. Code, sec. 2-311) is amended— (A) by striking out all that precedes paragraph (a) and inserting in lieu thereof "The Board may revoke or suspend the license of any dentist in the District of Columbia upon proof satisfactory to the Board—", and (B) by striking out "the said court" in the last sentence and inserting in lieu thereof "the Board". (2) The last sentence of section 25 of such Act (D.C. Code, sec. 2-325) is amended to read as follows: "The license of a dentist who permits a dental hygienist, operating under his supervision, to perform any operation other than that permitted under this section, may be suspended or revoked, and the license of the hygienist violating this Act may also be suspended or revoked, in accordance with section 12 of this Act." (3) Section 12 of such Act (D.C. Code, sec. 2-312) is amended to read as follows: "SEC. 12. Suspension or revocation by the Board of any license issued or registration effected under this Act, with respect to a person guilty of misconduct or professionally incapacitated, shall be governed by the District of Columbia Administrative Procedure Act (D.C. Code, secs. 1-1501 to 1-1510)."

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(c) The Act entitled "An Act to amend the Act to regulate the practice of podiatry in the District of Columbia", approved June 29, 1940, is amended as follows: (1) Section 7 of such Act (D.C. Code, sec. 2-707) is amended— (A) by striking out all that precedes paragraph (a) and inserting in lieu thereof "The Board may revoke or suspend the license of any podiatrist in the District of Columbia upon proof satisfactory to the Board—", and (B) by striking out "the said court" in the last sentence and inserting in lieu thereof "the Board". (2) Section 8 of such Act (D.C. Code, sec. 2-708) is amended to read as follows: "SEC. 8. Suspension or revocation by the Board of any license issued or registration effected under this Act, with respect to a person guilty of misconduct or professionally incapacitated, shall be governed by the District of Columbia Administrative Procedure Act (D.C. Code, s e e s. 1 - 1 5 0 1 to 1 - 1 5 1 0)."*

(d) Section 6 of the Act entitled "An Act to define the term of 'registered nurse' and to provide for the registration of nurses in the District of Columbia", approved February 9, 1907 (D.C. Code, sec. 2-407), is amended by striking out all after the first sentence and inserting in lieu thereof "Suspension or revocation by the Nurses' Examining Board of any license issued or registration effected under this Act, with respect to a person guilty of misconduct or professionally incapacitated, shall be governed by the District of Columbia Administrative Procedure Act (D.C. Code, secs. 1-1501 to 1-1510)." (e) Section 7 of the Act of March 2, 1929 (D.C. Code, sec. 2-406), is amended by striking out "sections 11-742, 17-303, 17-304, 17-305 (b), 17-306, and 17-307 of the District of Columbia Code" and inserting in lieu thereof "the District of Columbia Administrative Procedure Act (D.C. Code, secs. 1-1501 to 1-1510)". (f) Section 4(d) of the District of Columbia Tissue Bank Act (D.C. Code, sec. 2-253) is amended by striking out ", and may seek review by the United States Court of Appeals for the District of Columbia" and all that follows and inserting in lieu thereof a period. (g) The District of Columbia Practical Nurses' Licensing Act is amended as follows: (1) Section 15 of such Act (D.C. Code, sec. 2-434) is amended by striking out ", and may seek a review by the United States Court of Appeals" and all that follows and inserting in lieu thereof a period. (2) Section 8(b) of such Act (D.C. Code, sec. 2-i27) is amended by striking out "in accordance with the provisions of subsection (c), section 5 of the Act of April 1, 1942 (56 Stat. 193, ch. 207; sec. 1 1 756(c),D.C. Code, 1951 edition)". (h) Section 14 of the Physical Therapists Practice Act (D.C. Code, sec. 2-463) is amended by striking out ", and may seek a review by the United States Court of Appeals for the District of Columbia" and all that follows and inserting in lieu thereof a period. (i) The third sentence of section 10 of the Act entitled "An Act to regulate the practice of veterinary medicine in the District of Columbia", approved February 1, 1907 (D.C. Code, sec. 2-810), is amended by striking out ", as provided by section 11-742, 17-303, 17-304, 17-305 (b), 17-306 and 17-307 of the District of Columbia Code". (j) The second paragraph of section 10 of the Act entitled "An Act to regulate barbers in the District of Columbia, and for other purposes", approved June 7, 1938 (D.C. Code, sec. 2-1110), is amended by striking out "in the manner provided by sections 11-742, 17-303, 17-304, l7-305(b), 17-306, and 17-307 of the District of Columbia Code".

585

^\ll^^- ^^^''

Ante. p. 582.

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^7 Stat. eis.

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^^^'

77^1,11^'^^^^^'

^s Stat. 582i ^^ ^'^'' ^^^

34 Stat. 873;; ^^ ^'°'" ^^^•

52 Stat. 622; ^' ^*"'' ^^^"

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Page:United States Statutes at Large Volume 84 Part 1.djvu/644

 586

44 Stat. 1414; Stat. 616.

77 Stat. 616.

70 Stat. 1039.

64 Stat. 862. Ante, p. 582. 50 Stat. 794;

77 Stat. 617,

^^47^stat^^559;

PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

(k) The fourth paragraph of section 7 of the Act entitled "An Act to regulate the practice of pharmacy and the sale of poisons in the District of Columbia, and for other purposes", approved May 7, 1906 (D.C. Code, sec. 2-606), is amended by striking out ", in the manner provided by sections 11-742, 17-303, 17-304, 17-305 (b), 17-306 and 17-307 of the District of Columbia Code". (1) Section 28 of the Act entitled "An Act to provide for the examination and registration of architects and to regulate the practice of architecture in the District of Columbia", approved December 13, 1924 (D.C. Code, sec, 2-1028), is amended by striking out", in the manner provided by sections 11^742, 17-303, 17-304, 17-305 (b), 17-306 and 17-307 of the District of Columbia Code". (m) Section 7(a) of the Act entitled "An Act to regulate and license pawnbrokers in the District of Columbia", approved August 6, 1956 ( D. C. Code, sec. 2 - 2 0 0 7), is amended by s t r i k m g o u t " i n accordance w i t h the provisions of subsection (c), section 5 of the Act of April 1, 1942 (50 Stat. 193, ch. 2 0 7; sec. 1 1 - 7 5 6 (c), D. C. Code, 1951 e d i t i o n) ",

(n) Section 9 of the Professional Engineers Registration Act (D.C. Code, sec. 2-1809) is amended— (1) ]jy amending subsection (e) to read as follows: "(e) Any person aggrieved by the action of the Board may appeal as provided in the District of Columbia Administrative Procedure Act (D.C. Code, secs. 1-1501 to 1-1510).", and (2) by striking out subsections (f), (g). and (h). (o) Section 9 of the Act of August 25, 1937 (D.C. Code, sec. 4 5 1409), is amended by striking out "sections 11-742, 17-303, 17-304, 17_305(b), 17-306 and 17-307 of the District of Columbia Code" and inserting in lieu thereof "the District of Columbia Administrative Procedure Act (D.C. Code, secs. 1-1501 to 1-1510)". (p) Paragraph 42 of section 7 of the Act of July 1, 1902 (D.C. (P) Code, sec. 47-2101), is amended by striking out "sections 11-742, )de, 17-303, 17-304, 17-305 (b), 17-306 and 17-307 of the District of (yolumbia Code" and inserting in lieu thereof "the District of Columbia Administrative Procedure Act (D.C. Code, secs. 1-1501 to 1-1510)". AMENDMENTS R E L A T I N G TO ENFORCEMENT OF SUPPORT

Repeals. 34 Stat. 86; 36 Stat. 403. 76 Stat. 919; °' • 71 Stat. 286; ^'^*' ^^"

s^e. 165. (a) The Act of March 23, 1906 (D.C. Code, secs. 22-903, 22-904, 22-905), is repealed. (b) The proviso of so much of the first section of the Act of May 18, 1910, as appears under the heading " C O U R T S " and the subheading "JUVENILE COURT" (D.C. Code, sec. 22-906) is repealed. (c) Subsection (c) of section 19 of the District of Columbia Public Asslstance Act of 1962 (D.C. Code, sec. 3-218) is repealed. (d) Section 6 of the Act entitled "An Act to improve and extend, through reciprocal legislation, the enforcement of duties of support in the District of Columbia", approved July 10, 1957 (D.C. Code, sec. 30-306), is amended to read as follows: "SEC. 6. Proceedings to enforce duties of support initiated by the District of Columbia shall be commenced by the filing of a complaint irrespective of the relationship between the plaintiff and defendant. Jurisdiction of all proceedings under this Act is vested in the Family Division of the Superior Court of the District of Columbia which shall have all power and authority heretofore vested in the Domestic Relations Branch of the District of Columbia Court of General Sessions,"

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PUBLIC LAW 91-358-JULY 29, 1970

1587

AMENDMENTS R E L A T I N G TO THE C O N D E M N A T I O N OF L A N D

SEC. 166. (a) Section 2(b) of the District of Columbia Alley Dwelling Act, approved June 12, 1934 (D.C. Code, sec. 5-104), is amended ^« ^'^'- "^• by striking out "the Act entitled 'An Act to provide for the acquisition of land in the District of Columbia for the use of the United States', approved March 1, 1929" and inserting in lieu thereof "chapter 13 of title 16 of the District of Columbia Code". ^"'^' P' "^• (b) Section 5 of the District of Columbia Redevelopment Act of 1945 (D.C. Code, sec. 5-704) is amended by striking out "the Act 60 Stat. 7 9 3. entitled 'An Act to provide for the acquisition of land in the District of Columbia for the use of the United States', approved March 1, 1929 (45 Stat. 1415) or Acts which may amend or supplement said Act" and inserting in lieu thereof "chapter 13 of title 16 of the District of Columbia Code". (c) Section 1 of the Act of March 4, 1929 (D.C. Code, sec. 6-505), ^s Stat. 1549,, is amended by striking out "Chapter X V of the Code of Law for the District of Columbia" and inserting in lieu thereof "chapter 13 of title 16 of the District of Columbia Code". (d) Section 491d of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901 (D.C. Code, sec. 7-205), is amended to read as follows: "^^ ^^^^- ^ee. "SEC. 491d. After the return of the marshal and filing of proof of publication of the notice provided for in section 491c, the court shall order the selection of a condemnation jury as provided in section 161312 of the District of Columbia Code. The jury shall consist of five persons and each juror shall take an oath or affirmation that he is not interested in any manner in the land to be condemned, is not related to the parties interested therein, and will fairly and impartially ascertain the damages each owner of land to be taken may sustain by reason of the opening, extension, widening, or straightening of the street, avenue, road, or highway, and the condemnation of land needed for the purpose thereof, and to assess the benefits resulting therefrom as hereinafter provided." (e) Section 491h of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901 (D.C. Code, sec. 7-209), is amended by striking out "shall order the jury commis- '^^ ^*^*- 5^^sion to draw from the special box the names of as many persons as the court may direct, and from among the persons so drawn the court shall thereupon appoint" and inserting in lieu thereof "shall order the selection in accordance with section 491d of". (f) Section 491m of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901 (D.C. Code, sec. 7-214), is amended by striking out "court of appeals of the 48^stat^*926^^' District of Columbia" and inserting m lieu thereof "District of Columbia Court of Appeals". (g) Section 3(a) of the Act entitled "An Act to authorize the Commissioners of the District of Columbia to acquire, operate, and regulate public off-street parking facilities, and for other purposes", approved Februar}^ 16, 1942 (D.CTCode, sec. 40-804(a)), is amended by striking se Stat. 91. out "sections 483 to 491, inclusive, of chapter X V, as amended, of the Code of Law for the District of Columbia, approved March 3, 1901 (31 Stat. 1265-1266)" and inserting in lieu thereof "chapter 13 of title 16 of the District of Columbia Code".

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PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

AMENDMENTS RELATING TO LANDLORD-TENANT ACTIONS

77'stal^*77'^''*'

K^p^^i-

SEC. 167. The Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901, is amended as follows— (1) Section 1235 of such Act (D.C. Code, sec. 45-909) is amended to read as follows— "SEC. 1235. Whenever real and personal property are leased together, as, for example, a house with furniture contained therein, the landlord, either in an action of ejectment or in the summary proceeding for possession, in the Superior Court of the District of Columbia, may have a judgment for recovery of the personalty as well as the realty." (2) Section 1225 of such Act (D.C. Code, sec. 45-910) is amended by striking out "or the landlord may bring an action to recover possession before a justice of the peace, as provided in chapter one, subchapter one, aforesaid". (3) Section 1228 of such Act (D.C. Code, sec. 45-914) is repealed. AMENDMENTS RELATING TO ACTIONS BY AND AGAINST CERTAIN B U S I N E S S E S

Public Utilities 4/7 stau^988; 63 Stat! 107!

63^stat?'io7^'*'

g333 Stat.^246;

SEC. 168. (a) The Act of March 4, 1913, is amended as follows: (1) Paragraph 64 of section 8 of such Act (D.C. Code, sec. 43-704) is amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "District of Columbia Court of Appeals". (2) Paragraph 65 of section 8 of such Act (D.C. Code, sec. 43-705) is amended by striking out "United States District Court for the District of Columbia" each time it appears and inserting in lieu thereof "District of Columbia Court of Appeals". (3) Paragraph 67 of section 8 of such Act (D.C. Code, sec. 43-707) is amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "District of Columbia Court of Appeals". (^) Paragraph 94 of section 8 of such Act (D.C. Code, sec. 43-401) is amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "District of Columbia Court of Appeals". (5) Section 11 of such Act (D»C. Code, sec. 43-502) is amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "Superior Court for the District of Columbia". (b) Section 7 of the Act of April 22, 1904 (D.C. Code, sec. 43-1515), is amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "Superior Court of the District of Columbia". Business Corporations

68 Stat. 180.

(c) The District of Columbia Business Corporation Act, approved June 8, 1954, is amended as follows: (1) Section 2(r) of such Act (D.C. Code, sec. 29-902(r)) is amended to read as follows: " (r) 'The court', except where otherwise specified^ means the court in the District of Columbia having jurisdiction of civil actions wherein the amount in controversy exceeds $50,000."

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PUBLIC LAW 91-358-JULY 29, 1970

(2) Sections 81, 89, and 90 of such Act (D.C. Code, secs. 29-930e, 29-931a, 29-931b) are each amended by striking out "United States District Court for the District of Columbia" each time it appears and inserting in lieu thereof "court". (3) Section 137 of such Act (D.C. Code, sec. 29-948) is amended by striking out "United States District Court for the District of Columbia" each time it appears and inserting in lieu thereof "court". (d) The Act entitled "An Act to establish a Code of laws for the District of Columbia", approved March 3, 1901, is amended as follows: (1) Section 639d of such Act (D.C. Code, sec. 29-240) is amended— (A) by striking out "the United States District Court for the District of Columbia" the first time it appears and inserting in lieu thereof "the court having jurisdiction of civil actions wherein the amount in controversy exceeds $50,000", (B) by striking out "the United States District Court for the District of Columbia" the second time it appears and inserting in lieu thereof "such court", and (C) by striking out "said United States District Court for the District of Columbia" each time it appears and inserting in lieu thereof "such court". (2) Sections 768, 782, and 786 of such Act (D.C. Code, secs. 29701, 29-715, and 29-719) are each amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "court having jurisdiction of civil actions wherein the amount in controversy exceeds $50,000". (e) The District of Columbia Nonprofit Corporation Act is amended as follows: (1) Section 2(k) of such Act (D.C. Code, sec. 29-1002(k)) is amended to read: " (k) 'The court', except where otherwise specified, means the court in the District of Columbia having jurisdiction of civil actions wherein the amount in controversy exceeds $50,000." (2) Section 55 of such Act (D.C. Code, sec. 29-1055) is amended by striking out "The United States District Court for the District of Columbia" and inserting in lieu thereof "The court". (3) Section 94 of such Act (D.C. Code, sec. 29-1094) is amended by striking out "the United States District Court for the District of Columbia" each place it appears and inserting in lieu thereof "the court". Insurance Companies (f) Section 20 of chapter II of the Life Insurance Act (D.C. Code, sec. 35-419) is amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "court having jurisdiction of civil actions wherein the amount in controversy exceeds $50,000". (g) Section 5 of chapter II of the Fire and Casualty Act (D.C. Code, sec. 35-1308) is amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "court having jurisdiction of civil actions wherein the amount in controversy exceeds $50,000".

589 „^|^f;^*24?^' ^s s'at. 234.

Jl^f.^'i^^^^'"''

JI^II^\Q\^^^''

76 Stat. 257.

^e Stat. 287. ^^ Stat. 302.

63''|taS^\'o"^^'

54 Stat. io67; " ^'^** ^°^*

Partnerships (h) Section 25 of the Uniform Limited Partnership Act (D.C. Code, sec. 41-425) is amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "court having jurisdiction of civil actions wherein the amount in controversy exceeds $50,000".

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PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

AMENDMENTS RELATING TO ILLEGAL ACTION BY CORPORATIONS

SEC. 169. The Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901, is amended as follows: 3 1 Stat. 1288. (1) Section 632 of such Act (D.C. Code, sec. 29-228) is amended by striking out "to the United States" and inserting in lieu thereof "to the District of Columbia". Ante, p. 589. (2) Section 786 of such Act (D.C. Code, sec. 29-719) is amended by striking out "in the name of the United States". 31 Stat. 1320 • (3) Section 793 of such Act (D.C. Code, sec. 29-725) is amended 32 Stat. 534. by striking out "in the name of the United States". AMENDMENT RELATING TO H O S P I T A L I Z A T I O N OF ADDICTS

70 Stat. 609.

SEC. 170. Section 3 of the Act entitled "An Act to provide for the treatment of users of narcotics in the District of Columbia", approved June 24, 19,53 (D.C. Code, sec. 24-602), is amended by striking out "Juvenile Court Act of the District of Columbia, as amended" and inserting in lieu thereof "chapter 23 of title 16 of the District of Columbia Code". AMENDMENT RELATING TO TRANSFER OF PRISONERS

36 Stat. 1002; 63 Stat. 107.

SEC. 171. So much of the first section of the Act of March 2, 1911, as relates to the workhouse (D.C. Code, sec. 24-403) is amended by inserting: after "United States District Court for the District of Columbia" each time it appears the following: ", Superior Court of the District of Columbia,". Al^IENDMENTS TO THE UNITED STATES CODE

SEC. 172. (a)(1) Section 1257 of title 28, United States Code, is 62 Stat. 929. amended by adding after and below paragraph (3) the following new sentence: " For the purposes of this section, the term 'highest court of a State' includes the District of Columbia Court of Appeals." 72"t!t^94?^' (^) ^^^^ Chapter 133 of title 28, United States Code, is amended by 28 USC 2101adding at the end thereof the following new section: ^"'" "§ 2113. Definition "For purposes of this chapter, the terms 'State court', 'State courts', and 'highest court of a State' include the District of Columbia Court, of Appeals." (B) The analysis of chapter 133 is amended by adding at the end thereof the following new item: "2113. Definition."

82 Stat. 61.

8o"stl\^*88o°'' 28 USC 13311362.

^^^ Section 1869(f) of title 28, United States Code, is amended by striking out everything following "Canal Zone Code" and inserting in lieu thereof a semicolon and the following: "except that for purposes of sections 1861, 1862, 1866(c), 1866(d), and 1867 of this chapter such terms shall include the Superior Court of the District of Columbia;". (c)(1) Chapter 85 of title 28 of the United States Code is amended by adding at the end thereof the following new section: "§ 1363. Construction of references to laws of the United States or Acts of Congress "For the purposes of this chapter, references to laws of the United States or Acts of Congress do not include laws applicable exclusively to the District of Columbia."

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PUBLIC LAW 91-358-JULY 29, 1970

591

(2) The analysis of chapter 85 is amended by adding at the end thereof the following new item: "1363. Construction of references to laws of the United States or Acts of Congress.".

(d)(1) Chapter 89 of title 28, United States Code, is amended by ^ l'^^ ^^^ adding at the end thereof the following new section: i4so. "§ 1451. Definitions "For purposes of this chapter— "(1) The term 'State court' includes the Superior Court of the District of Columbia. "(2) The term 'State' includes the District of Columbia." (2) The analysis of chapter 89 is amended by adding at the end thereof the following new item: "1451. Definitions."

(e) Section 292 of title 28, United States Code, is amended— 72 Stat. 848. (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by adding after subsection (b) the following new subsection: "(c) The chief judge of the United States Court of Appeals for the District of Columbia Circuit may, upon presentation of a certificate of necessity by the chief judge of the Superior Court of the District of Columbia pursuant to section 11-908 (c) of the District of Columbia Code, designate and assign temporarily any district ^"*^' P- ^sa. judge of the circuit to serve as a judge of such Superior Court, if such assignment (1) is approved by the Attorney General of the United States following a determination by him to the effect that such assignment is necessary to meet the ends of justice, and (2) is approved by the chief judge of the United States District Court for the District of Columbia." (f) Section 5102(c)(4) of title 5, United States Code, is amended so Stat. 445. to read as follows: "(4) teachers, school officials, and employees of the Board of Education of the District of Columbia whose pay is fixed under chapter 15 of title 31, District of Columbia Code; the chief judges ^^^fe^'^'as^^^' and the associate judges of the Superior Court of the District D.^C. code" of Columbia and the District of Columbia Court of Appeals; si-isoi to and nonjudicial employees of the District of Columbia court ^^'^^'*^' system whose pay is fixed under title 11 of the District of ColumAnte, p. 475. bia Code;". AMENDMENTS RELATING TO THE DISTRICT OF COLUMBIA'S S H A R E OF E X P E N S E S OF THE FEDERAL COURTS

SEC. 173. (a)(1) All outstanding and future obligations of the Commissioner of the District of Columbia with respect to the District of Columbia's share of the cost of construction, operation, maintenance, and repair of the United States courthouse in the District of Columbia, as required by the Act of May 14, 1948 (62 Stat. 235), are canceled upon the effective date of this title. (2) Beginning on the effective date of this title, the Executive Officer of the District of Columbia courts shall reimburse to the United States from any funds in the Treasury to the credit of the District of Columbia courts the amount determined by the Administrator of General Services to be necessary to cover seventy-five per centum of the costs of operation, maintenance, and repair of space used by the United States attorney and the United States marshal for the District of Columbia.

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 592 42^statr*668f' 63 Stat! 10?!

Ante, p. 514.

63 Stat. 491.

PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

(^) Section 7 of the Act of June 30, 1906 (D.C. Code, sec. 47-204), is amended to read as follows: "SEC. 7. (a)(1) Until the day before the effective date of the District of Columbia Court Reorganization Act of 1970, the Commissioner of the District of Columbia shall reimburse the United States for 60 per centum of the expenditures made on or before that day for the expenses of the Ignited States District Court for the District of Columbia that are described in paragraph (2). During the thirtymonth period beginning on such effective date, the Executive Officer of the District of Columbia courts shall reimburse the United States for expenditures made during that period for such expenses at the following rates of reimbursement: " (A) 40 per centum for the first eighteen months of such period. " (B) 20 per centum for the remainder of such period. "(2) The expenses referred to in paragraph (1) are fees of witnesses, fees of jurors, pay of bailiffs and criers (including salaries of deputy marslials who act as bailiffs or criers), and all other miscellaneous expenses of the Ignited States District Court for the District of Columbia. "(b) Beginning after the thirty-month period referred to in subsection (a), the Executive Officer of the District of Columbia courts shall reimburse the United States for the District of Columbia's share of the cost for jury selection and grand jury expenses, as determined by the Director of the Administrative Office of the United States Courts. Estimates of the District of Columbia's share of such costs for each fiscal year shall be submitted to the Joint Committee on Judicial Administration of the District of Columbia courts for transmission with the annual estimate of the District of Columbia courts under section 11-1743 of title 11 of the District of Columbia Code. "(c) Reimbursement made under this section shall be made from funds in the Treasury to the credit of the District of Columbia." (c) Section 6 of the Act of August 2, 1949 (D.C. Code, sec. 47213), is amended by inserting before the period at the end thereof ", until eighteen months after the effective date of the District of Columbia Court Reorganization Act of 1970". (d) lentil the day before the effective date of the District of Columbia Court Reorganization Act of 1970, the Commissioner of the District of Columbia shall reimburse the United States for 30 per centum of the expenditures made on or before that day for the expenses of the United States Court of Appeals for the District of Columbia Circuit. During the thirty-month period beginning on such effective date, the Executive Officer of the District of Columbia Courts shall reimburse the United States for expenditures made during that period for such expenses at the following rates of reimbursement: (1) 20 per centum for the first eighteen months of such period. (2) 10 per centum for the remainder of such period. Xotwithstanding any other provision of law, no reimbursement for such expenses shall be required after the expiration of the thirtymonth period beginning on such effective date. PART E—TRANSITION PROVISIONS; APPOINTMENT or ADDITIONAL JUDGES; AND EFFECTIVE DATE E X I S T I N G R E C O R D S, F I L E S, PROPERTY. AND

FUNDS

SEC. 191. (a) The files, records, property, and unexpended balances of appropriations and other funds of the former District of Columbia Court of General Sessions, the Juvenile Court of the District of Columbia, and the District of Columbia Tax Court are transferred to the Superior Court of the District of Columbia.

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(b) The files, records, and property of the United States District Court for the District of Columbia with respect to its jurisdiction on the day before the effective date of this title under— (1) chapters 5, 7, 11, 13, and 15 of title 21, respectively of the ^9 Stat. 751. District of Columbia Code, as in effect on such day, shall be transferred to the Superior Court of the District of Columbia not later than forty-five days after the Superior Court takes jurisdiction under section 11-921 (a)(4) of title 11 of the District of Columbia Code (as contained in the revision made by part A of this title) ^"'^' P- '*^'*of actions or other matters brought under such chapters, as determined jointly by the chief judges of the United States District Court for the District of Columbia and the Superior Court after consultation with the Executive Officer of the District of Columbia courts; and (2) section 11-522 of title 11 and chapter 29 of title 16 of the District of Columbia Code, as in effect on such day, shall be trans- ^^ s*^*- "^82, ferred to the Superior Court of the District of Columbia not later ^^^" than forty-five days after the Superior Court takes jurisdiction under section 11-921 (a)(5) of title 11 of the District of Columbia Code (as contained in the revision made by part A of this title) of actions or other matters brought under such provisions, as determined jointly by the chief judges of the United States District Court for the District of Columbia and the Superior Court, after consultation with the Executive Officer of the District of Columbia courts and the Register of Wills. EXISTING

PERSONNEL

SEC. 192. (a)(1) The personnel of the former District of Columbia Court of General Sessions, the Juvenile Court of the District of Columbia, and the District of Columbia Tax Court shall be transferred to the Superior Court of the District of Columbia and shall, with respect to all rights, privileges, and benefits, be considered as continuous employees of that court without break in service. (2)(A) Except as provided in subparagraph (B), personnel of the United States District Court for the District of Columbia who the Director of the Office of Management and Budget determines are, as a substantial part of their duties, performing functions incident to jurisdiction transferred under this title to the Superior Court shall be entitled to transfer to the Superior Court, and upon such transfer shall retain all of their rights, privileges, and benefits, and shall be considered as continuous employees of the Superior Court without break in service. (B) The individual holding the office of Register of Wills under the United States District Court for the District of Columbia on the day before the date the Superior Court takes jurisdiction of probate actions and related matters under section 11-921 (a)(5) of title 11 of the District of Columbia Code, as contained in the revision made by part A of this title, shall continue in office as the Register of Wills under the Probate Division of the Superior Court until his successor has been selected by that court under section 11-2102 of title 11 of the District of Columbia Code, as contained in the revision made by part A of this

Ante, p. 516.

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[84 STAT.

title, and shall retain all of his rights, privileges, and benefits and shall be considered as a continuous employee of the Superior Court. If the individual serving as the Auditor of the United States District Court for the District of Columbia is appointed to serve as the AuditorMaster of the Superior Court, he shall retain all of his rights, privileges, and benefits, and shall be considered as a continuous employee of the Superior Court without break in service. (b) Nothing in this title shall affect the status of persons in the competitive civil service on the date of enactment of this title, but such persons may be assigned within the District of Columbia court system without regard to such status. RETIREMENT OF CERTAIN DISTRICT OF COLUMBIA

Ante, p. 579. Ante, p. 490.

JUDGES

SEC. 193. (a) The person serving as judge of the District of Columbia Tax Court on the day prior to the effective date of this title may, within sixty days of such date, elect to retain retirement benefits under section 2 of title IX of the District of Columbia Revenue Act of jgg/jr (D^Q, Code, sec. 47-2402), or relinquish such benefits and elect retirement benefits under chapter 15 of title 11 of the District of Columbia Code, as contained in the revision made by part A of this title, (b)(1) Any judge of the District of Columbia Court of Appeals, the District of Columbia Court of General Sessions, the Juvenile Court of the District of Columbia, or the former District of Columbia Municipal Court of Appeals or Municipal Court, who had retired prior to the effective date of this subsection, may elect to have his retirement salary recomputed and paid in accordance with this subsection. Such election may be made in writing within sixty days after such effective date and shall be filed with the Commissioner of the District of Columbia. (2) The retirement salary of each judge making such election shall be recomputed in accordance with applicable law then in effect at the time of his retirement, except that in the recomputation of such retirement salary, the salary of the corresponding judicial office on the day immediately following the effective date of this subsection shall be deemed to be the salary which such judge was receiving immediately prior to the date of his retirement. (3) Each judge who elects recomputation of his retirement salary in accordance with this subsection shall— (A) deposit in the District of Columbia Judicial Retirement and Survivors Annuity Fund an amount equal to 31/^ per centum of his basic salary received for judicial service, with interest at 4 per centum per annum to December 31, 1947, and 3 per centum per annum thereafter, compounded on December 31 of each year; or (B) have his retirement salary, as recomputed in accordance with this subsection, reduced by 10 per centum of the amount of such deposit remaining unpaid. (4) The retirement salary of any judge which is recomputed in accordance with this subsection shall be payable only with respect to those months beginning on and after the first day of the first month following the date of the election made by such judge under this subsection. C O N T I N U A T I O N OF SERVICE OF JUDGES OF DISTRICT OF COLUMBIA COURTS

SEC. 194. A judge of the District of Columbia Court of General Sessions, the Juvenile Court of the District of Columbia, or the District of Columbia Tax Court who is serving as a judge of such a court on the day before the effective date of this title under an appointment

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made before such date shall on such date continue to serve as a judge of the Superior Court of the District of Columbia. No amendment made by this title shall be construed to extend the term of any such judge appointed before the date of enactment of this title. No amendment made by this title shall be construed to extend the term of office of a judge of the District of Columbia Court of Appeals appointed before the date of enactment of this title. The chief judge of the District of Columbia Court of Appeals in office on the day before the effective date of this title shall, on and after such date, continue in office as chief judge of that court; and, notwithstanding section 11-1503 of title 11 of the District of Columbia Code (as contained in the revision made by part A of this title), his term of office shall expire at the time his term of office under his latest appointment as chief judge expires. The chief judge of the District of Columbia (Jourt of General Sessions in office on the day before the effective date of this title shall, on and after such date, serve as the chief judge of the Superior Court of the District of Columbia; and, notwithstanding section 11-1503 of title 11 of the District of Columbia Code (as contained in the revision made by part A of this title), his term of office as chief judge of that court shall expire at the time his term of office under his latest appointment as chief judge of the District of Columbia Court of General Sessions would have expired but for the merger of that court into the Superior Court. APPOINTMENT

OF ADDITIONAL J U D G E S A N D EXECUTIVE OF DISTRICT OF COLUMBIA COURTS

OFFICER

SEC. 195. (a)(1) The President of the United States shall nominate, and by and with the advice and consent of the Senate shall appoint, three additional judges to the District of Columbia Court of Appeals who shall have the qualifications prescribed by section 11-1501 of title 11 of the District of Columbia Code as contained in the revision made by part A of this title, and who shall, upon taking the oath required by law, enter into immediate service on that court. Subject to mandatory retirement at age TO and to the provisions of subchapters II and III of chapter 15 of title 11 of the District of Columbia Code (as contained in such revision), the term of office of a judge appointed under this paragraph shall be 15 years. At the expiration of his term, .such judge shall continue to serve*^until his successor is appointed and qualifies. (2) The President of the laiited States shall nominate, and by and with the advice and consent of the Senate shall appoint, ten additional judges to the District of Columbia Court of General Sessions who shall have the qualifications prescribed by section 11-1501 of title 11 of the District of Columbia Code as contained in the revision made by part A of this title, and who shall, upon taking the oath required by law, enter into immediate service on that court. Subject to mandatory retirement at age 70 and to the provisions of subchapters II and III of chapter 15 of title 11 of the District of Columbia Code (as contained in such revision), the term of office of a judge appointed under this paragraph shall be 15 years. At the expiration of his term, such judge shall continue to serve until his successor is appointed and qualifies. (b) The Director of the Administrative Office of the United States Courts shall submit a list of at least three qualified persons and a committee (consisting of (1) the chief judges of the District of Columbia Court of Appeals and the District of Columbia Court of General Sessions; (2) one as-sociate judge of the District of Columbia Court of Appeals elected by the judges of that court; and (3) two associate judges of the District of Columbia Court of General Sessions

^"'^' P- Qi.

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 596

Ante, p. 508.

Ante, p. 491.

PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

elected by the judges of that court) shall appoint from such list (and may remove), with the concurrence of the respective chief judges, an Executive Officer of the District of Columbia courts. Until the effective date of this title, the Executive Officer shall receive the same compensation as is prescribed for an associate judge of the District of Columbia Court of General Sessions. The Executive Officer in office on the effective date of this title shall continue to serve in such office until removed or until his successor has been selected in accordance with subchapter I of chapter 17 of title 11 of the District of Columbia Code, ^s coutaiued in the revision made by part A of this title. (c) Notwithstanding title 11 of the District of Columbia Code, as in effect on the date of enactment of this title, in the case of any vacancy in the District of Columbia Court of Appeals, the District of Columbia Court of General Sessions, or the Juvenile Court of the District of Columbia occurring before the effective date of this title, a judge appointed after the date of enactment of this title to fill any such vacancy (1) shall have the qualifications prescribed in section 11-1501 of title 11 of the District of Columbia Code as contained jj^ j-|^g revisiou made by part A, and (2) shall, subject to mandatory retirement at age seventy and to the provisions of subchapters II and III of chapter 15 of title 11 of the District of Columbia Code (as contained in such revision), have a term of office of 15 years. At the expiration of his term, such judge shall continue to serve until his successor is appointed and qualifies. TEMPORARY ADMINISTRATION OF J U V E N I L E COURT OF THE DISTRICT COLUMBIA AND A S S I G N M E N T OF J U D G E S TO T H A T COURT

OF

SEC. 196. (a) Notwithstanding the provisions of title 11 of the District of Columbia Code, as in effect on the date of enactment of this title, the chief judge of the District of Columbia Court of General Sessions (1) shall without additional compensation be responsible for the administration of the Juvenile Court of the District of Columbia during the period beginning on the date of the enactment of this title and ending on the day before the effective date of this title; and (2) may during the same period assigTi judges of the District of Columbia Court of General Sessions to serve as judges of the Juvenile Court. (b) Notwithstanding]: the provisions of chapter 15 of title 11 of the District of Columbia Code as in effect on the date of enactment of this title, the judge appointed to fill the vacancy in the office of chief judge of the Juvenile Court of the District of Columbia existing on that date shall serve as an associate judge of that court. A S S I G N M E N T OF UNITED STATES J U D G E S TO SUPERIOR COURT DURING T R A N S I T I O N PERIOD

Ante, p. 591.

S E C 197. With respect; to the assignments of district judges to the Superior Court of the District of Columbia under subsection (c) of section 292 of title 28, United States Code, as amended by section 172(e) of this Act, during the thirty-month period following the effective date of this title, the approval of the Attorney General of the United States shall not be required.

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R E F E R E XC E S TO ABOLISHED AGENCIES AND OFFICES

SEC. 198. Any reference in an amendment made by this title to an agency or office of the government of the District of Columbia abolished by Reorganization Plan Number 5 of 1952 (D.C. Code, title 1, App.) is not to be construed as a restablishment of that office or agency or as a change in the functions, powers, and duties of the Commissioner of the District of Columbia or of the District of Columbia Council.

^6 Stat. 824.

EFFECTIVE DATE

SEC. 199. (a) The effective date of this title (and the amendments made by this title) shall be the first day of the seventh calendar month which begins after the date of the enactment of this Act. (b) Notwithstanding subsection (a), the following provisions shall take eifect as provided in the following paragraphs: (1) The provisions of chapter 25 (relating to attorneys) of title 11 of the District of Columbia Code, as contained in the revision made by part A of this title, shall take effect on April 1, 1972. The provi- ^"^^' P- 52O. sions of chapter 21 (relating to attorneys) of title 11 of the District of Columbia Code, in effect on the day before the effective date of this title, shall remain in effect until April 1, 1972; except that during the period beginning on the effective date of this title and ending April 1, 1972, section 11-2103 of such chapter is amended to read as Ante, p. sie. follows: "§ 11-2103. Disbarment by District Court upon conviction of crime "When a member of the bar of the United States District Court for the District of Columbia is convicted of an offense involving moral turpitude, and a certified copy of the conviction is presented to the court, the court shall, pending final determination of an appeal from the conviction, suspend the member of the bar from practice. Upon reversal of the conviction the court may vacate or modify the suspension. If a final judgment of conviction is certified to the court, the name of the member of the bar so convicted shall be struck from the roll of the members of the bar and he shall thereafter cease to be a member. Upon the granting of a pardon to a member so convicted, the court may vacate or modify the order of disbarment." (2) The provisions of chapter 21 (relating to the Register of Wills) of title 11 of the District of Columbia Code, as contained in the revision made b ^ part A of this title, shall take effect immediately following the expiration of the thirty-month period beginning on the effective date of this title. The provisions of sections 11-504 through 11-506 of title 11 of the District of Columbia Code (relating to the 77 Stat. 480. Register of Wills), in effect on the day before the effective date of this title, shall remain in effect until the expiration of such thirty-month period. During such thirty-month period, the United States District Court for the District of Columbia shall fix the compensation of the Register of Wills without regard to chapter 51 and subchapter III of chapter 53 of title 5 of the United States Code, but at a rate not exceed- ^^^^ ^*^*- '*'*^' ing the maximum rate authorized for GS-IB of the General Schedule. 5 USC 5101, (3) The amendments made by the following sections of this title ^331. (relating to those matters over which the United States District Court " ^' ^' for the District of Columbia retains temporary jurisdiction) shall take effect as follows: (A) Immediately following the expiration of the eighteenmonth period beginning on the effective date of this title in the case of amendments made by sections 150(b), 150(c)(1), 150(c) ^"'e* P- 567. (3), 150(c)(5)(A) (ii), 150(e), 1.50(f), 1 5 0 (g)(3)(A), 150(g) (4), 150(g)(5), 150(g)(8), 150(h), and 150(i)(1).

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Ante,p.553.

Ante. p. 476.

Ante, p. 572.

PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

(B) Immediately following the expiration of the thirty-month period beginning on such date in the case of amendments made by sections 144(10), 145(b)(2), 1 4 5 (k)(l), 145(1), 147(1), 148 (2), 149(2), 149(4), 149(6), and 150(a). The amendments made by section 150 to chapter 5 of title 21 of the District of Columbia Code (relating to hospitalization of the mentally ill) shall not apply with respect to any case pending before the United State District Court for the District of Columbia or the Commission on Mental Health at the expiration of such eighteen-month period. (4) Section 146(a)(1) (relating to the repeal of certain review provisions) shall not apply with respect to any appeal from the District of Columbia Court of Appeals over which the United States Court of Appeals for the District of Columbia Circuit has jurisdic^^^^ ^^^^^ section 11-301 of title 11 of the District of Columbia Code as in effect immediately before the date of enactment of this Act. (5) Section 11-722 of the District of Columbia Code, as contained in the revision made by part A of this title, shall take effect with respect to petitions filed after the effective date of this title for review of decisions or orders. (g) The amendments made by subpart 2 of part D of this title to section 8 of the Act of March 4, 1913. shall not apply with respect to proceedings brought in the United States District Court for the District of Columbia on or before the effective date of this title. (7) The amendments made by section 162 shall take effect with respect to petitions filed after the effective date of this title for review of decisions or orders. (8) Sections 195 and 196 shall take effect on the date of the enactment of this Act. (c) For purposes of this title and any amendment made by this title, the term "effective date of the District of Columbia Court Reorganization Act of 1970'- means the first day of the seventh calendar month which begins after the date of the enactment of this Act. TITLE II — C R I M I N A L L A W AND P R O C E D U R E S E N T E N C I N G OF M U L T I P L E

31 Stat. 1337.

OFFETJDERS

SEC. 201. (a) Section 907 of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3. 1901 (D.C. Code. sec. 22-104), is amended to read as follows: "SEC. 907. (a) If any person— "(1) is convicted of a criminal offense (other than a non-moving traffic offense) under a law applicable exclusively to the District of Columbia, and "(2) was previously convicted of a criminal offense under any law of the United States or of a State or territory of the United States which offense, at the time of the conviction referred to in paragraph (1), is the same as, constitutes, or necessarily includes, the offense referred to in that paragraph, such person may be sentenced to pay a fine in an amount not more than one and one-half times the maximum fine prescribed for the conviction referred to in paragraph (1) and sentenced to imprisonment for a term not more than one and one-half times the maximum term of imprisonment prescribed for that conviction. If such person was previously convicted more than once of an offense described in paragraph (2), he may be sentenced to pay a fine in an amount not more than three times the maximum fine prescribed for the conviction referred to in paragraph (1) and sentenced to imprisonment for a term not more than three times the maximum term of imprisonment prescribed for

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Rh the year 1850, "numbers of sufferers used to congregate round the gallows, in order to receive the 'death-stroke' as it is termed. At the last execution which took place in that town, a very few only were operated upon, not so much in consequence of decrease of faith, as from the higher fee demanded by the hangman." At Cuddesden in Oxfordshire, in the year 1852, a goitrous woman was desirous of trying the remedy, if opportunity ever allowed, as her father, who had been similarly afflicted, was cured by it; the swelling which troubled him decreasing gradually as the hand of the dead man mouldered away. Devonshire appears to be the home of a belief closely akin to this, although not absolutely identical. Early on the 1st May, 1855, the grave of the last man interred in Plymouth cemetery was visited by a respectably dressed woman accompanied by an elderly gentleman. The woman, who had a large wen on her throat, rubbed her neck three times each way, on each side of the grave, and then departed before sunrise. Similar superstitions, and others intimately connected with them, though somewhat differentiated, such as that concerning the "Hand of Glory," are, it is needless to remark, common throughout England.

Beliefs of the same character also occur in many parts of the continent. In the French province of Berry, Laisnel de la Salle relates in his Croyances et Légendes du Centre de la France, 1875) vol. i., p. 165, that the rope with which a man had been hanged was formerly in request to procure good luck, and to combat against many maladies; while the peasants consider the fat of an executed criminal a specific against scrofula and rheumatism. In Poitou, country lads


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that conviction. No conviction with respect to which a person has been pardoned on the ground of innocence shall be taken into account in applying this section. "(b) This section shall not apply in the event of conflict with any other provision of law which provides an increased penalty for a specific offense by reason of a prior conviction of the same or any other offense." (b) Such Act is amended by adding after section 907 the following ^"'«' P- 598. new section: "SEC. 907A. (a) If— "(1) any person (A) is convicted in the District of Columbia of a felony, and (B) before the commission of such felony, was convicted of at least two felonies; and "(2) the court is of the opinion that the history and character of such person and the nature and circumstances of his criminal conduct indicate that extended incarceration or lifetime supervision, or both, will best serve the public interest, the court may, in lieu of any sentence otherwise authorized for the felony referred to in clause (A) of paragraph (1), impose such greater sentence as it deems necessary, including imprisonment for the natural life of such person. " (b) For purposes of paragraph (1) of subsection (a)— " (1) a person shall be considered as having been convicted of a felony if he was convicted (A) of a felony in a court of the District of Columbia or of the United States, or (B) in any other jurisdiction of a crime classified as a felony under the laws of that jurisdiction or punishable by imprisonment for more than two years; and "(2) a person shall be considered as having been convicted of two felonies if his initial sentencing under a conviction of one felony preceded the commission of the second felony for which he was convicted. No conviction with respect to which a person has been pardoned on the ground of innocence shall be taken into account in applying this section." CONSPIRACY

SEC. 202. Such Act of March 3, 1901, is further amended by adding after section 908 the following new section: ij.cl^odeVi"SEC. 908A. (a) If two or more persons conspire either to commit los. a criminal offense or to defraud the District of Columbia or any court or agency thereof in any manner or for any purpose, each shall be fined not more than $10,000 or imprisoned not more than five years, or both, except that if the object of the conspiracy is a criminal offense punishable by less than five years, the maximum penalty for the conspiracy shall not exceed the maximum penalty provided for that offense. " (b) No person may be convicted of conspiracy unless an overt act is alleged and proved to have been committed by one of the conspirators pursuant to the conspiracy and to effect its purpose. "(c) When the object of a conspiracy contrived within the District of Columbia is to engage in conduct in a jurisdiction outside the District of Columbia which would constitute a criminal offense under an Act of Congress applicable exclusively to the District of Columbia if performed therein, the conspiracy is a violation of this section if (1) such conduct would also constitute a crime under the laws of the other jurisdiction if performed therein, or (2) such conduct would constitute a criminal offense under an Act of Congress exclusively applicable to the District of Columbia even if performed outside the District of Columbia. 47-348 O - 72 - 42 (Pt. 1)

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[84 STAT.

" (d) A conspiracy contrived in another jurisdiction to engage in conduct within the District of Columbia which would constitute a criminal offense under an Act of Congress exclusively applicable to the District of Columbia if performed within the District of Columbia is a violation of this section when an overt act pursuant to the conspiracy is committed within the District of Columbia. Under such circumstances, it is immaterial and no defense to a prosecution for conspiracy that the conduct which is the object of the conspiracy would not constitute a crime under the laws of the other jurisdiction." BREAKING

AND

ENTERING

VENDING

MACHINES

AND

SIMILAR

DEVICES

SEC. 203. Whoever in the District of Columbia breaks open, opens, or enters, without right, any parking meter, coin telephone, vending machine dispensing goods or services, money changer, or any other device designed to receive currency, with intent to carry away any part of such device or anything contained therein, shall be sentenced to a term of imprisonment of not more than three years, or to a fine of not more than $3,000, or both. P E N A L T Y FOR RAPE

43stlT'79s^^'

SEC. 204. Section 808 of such Act of March 31, 1901 (D.C. Code, sec. 2^-2801), is amended to read as follows: "SEC. 808. Whoever has carnal knowledge of a female forcibly and against her will or whoever carnally knows and abuses a female child under sixteen years of age, shall be imprisoned for any term of years or for life." C O M M I T T I N G CRIME OF VIOLENCE W H I L E

!1 Stat. 737.

ARMED

SEC. 205. (a) Section 2 of the Act entitled "An Act to control the possession, sale, transfer, and use of pistols and other dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of evidence, and for other purposes", approved July 8, 1932 (D.C. Code, sec. 22-3202), is amended to read as follows: "SEC. 2. (a) Any person who commits a crime of violence in the District of Columbia when armed with or having readily available any pistol or other firearm (or imitation thereof) or other dangerous or deadly weapon (including a sawed-off shotgun, shotgun, machinegun, rifle, dirk, bowie knife, butcher knife, switchblade knife, razor, blackjack, billy, or metallic or other false knuckles)— "(1) may, if he is convicted for the first time of having so committed a crime of violence in the District of Columbia, be sentenced, in addition to the penalty provided for such crime, to a period of imprisonment which may be up to life imprisonment; and " (2) shall, if he is convicted more than once of having so committed a crime of violence in the District of Columbia, be sentenced, in addition to the penalty provided for such crime, to a minimum period of imprisonment of not less than five years and a maximum period of imprisonment which may not be less than three times the minimum sentence imposed and which may be up to life imprisonment. "(b) Where the maximum sentence imposed under this section is life imprisonment, the minimum sentence imposed under subsection (a) may not exceed fifteen years' imprisonment.

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"(c) Any person sentenced under subsection (a)(2) of this section may be released on parole in accordance with the Act of July 15, 1932 (chapter 2 of title 24 of the District of Columbia Code), at any time after having served the minimum sentence imposed under that subsection. " (d)(1) Chapter 402 of title 18 of the United States Code (Federal Youth Corrections Act) shall not apply with respect to any person sentenced under paragraph (2) of subsection (a). "(2) The execution or imposition of any term of imprisonment imposed under paragraph (2) of subsection (a) may not be suspended and probation may not be granted. "(e) Nothing contained in this section shall be construed as reducing any sentence otherwise imposed or authorized to be imposed. "(f) No conviction with respect to which a person has been pardoned on the ground of innocence shall be taken into account in applying this section." (b) Section 13 of such Act is amended by striking out "This" and inserting in lieu thereof the following: "Except as provided in section 2 and section 14(b) of this Act, this".

601

^^^^.^^^f^ eistat. 378 D.C. Code 24201a.

81^313^*7/1°^^' is use 50055026-

D!C^.*

code ^ * 22

3213.'

RESISTING ARREST

SEC. 206. Subsection (a) of section 432 of the Revised Statutes relating to the District of Columbia (D.C. Code, sec. 22-505(a)) is amended by inserting at the end thereof the following: "It is neither justifiable nor excusable cause for a person to use force to resist an arrest when such arrest is made by an individual he has reason to believe is a law enforcement officer, whether or not such arrest is lawful." INSANE CRIMINALS

SEC. 207. Section 927 of the Act of March 3, 1901 (D.C. Code, sec. 24-301), is amended— (1) by striking out " (a) Whenever a person is arrested" and all that follows down through "is mentally incompetent" in the first sentence of subsection (a) and inserting in lieu thereof the following: " (a) If it appears to a court having jurisdiction of— "(1) a person arrested or indicted for, or charged by information with, an offense, or " (2) a child subject to a transfer motion in the Family Division of the Superior Court of the District of Columbia pursuant to section 16-2307 of the District of Columbia Code, that, from the court's own observations or from prima facie evidence STibmitted to it and prior to the imposition of sentence, the expiration of any period of probation, or the hearing on the transfer motion, as the case may be, such person or child (hereafter in this subsection and subsection (b) referred to as the 'accused') is of unsoimd mind or is mentally incompetent"; (2) by striking out the period at the end of the second sentence of subsection (a) and inserting in lieu thereof "or to participate in transfer proceedings."; (3) by inserting after "stand trial" in the third sentence of subsection (a) "or to participate in transfer proceedings";

69 Stat. 609; 81 Stat. 735.

Ante, p. 527.

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69 Stat- 609,

81 Stat. 735.

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[84 STAT.

(4) by inserting after "stand trial" in both places it appears in subsection (b) "or to participate in transfer proceedings"; (5) by amending subsection (d) to read as follows: " (d)(1) If any person tried upon an indictment or information for an offense raises the defense of insanity and is acquitted solely on the ground that he was insane at the time of its commission, he shall be committed to a hospital for the mentally ill until such time as he is eligible for release pursuant to this subsection or subsection (e). "(2) A person confined pursuant to paragraph (1) shall have a hearing, unless waived, within 50 days of his confinement to determine whether he is entitled to release from custody. At the conclusion of the criminal action referred to in paragraph (1) of this subsection, the court shall provide such person wth representation by counsel— " (A) in the case of a person who is eligible to have counsel appointed by the court, by continuing any appointment of counsel made to represent such person in the prior criminal action or by appointing new counsel; or " (B) in the case of a person who is not eligible to have counsel appointed by the court, by assuring representation by retained counsel. If the hearing is not waived, the court shall cause notice of the hearing to be served upon the person, his counsel, and the prosecuting attorney and hold the hearing. Within ten days from the date the hearing was begun, the court shall determine the issues and make findings of fact and conclusions of law with respect thereto. The person confined shall have the burden of proof. If the court finds by a preponderance of the evidence that the person confined is entitled to his release from custody, either conditional or unconditional, the court shall enter such order as may appear appropriate. "(3) An appeal may be taken from an order entered under paragraph (2) to the court having jurisdiction to review final judgments of the court entering the order."; (g) by adding at the end of subsection (j) the following sentence: "No person accused of an offense shall be acquitted on the ground that he was insane at the time of its commission unless his insanity, regardless of who raises the issue, is affirmatively established by a preponderance of the evidence."; and (7) by adding at the end thereof the following new subsection: " (k)(1) A person in custody or conditionally released from custody, pursuant to the provisions of this section, claiming the ri^ht to be released from custody, the right to any change in the conditions of his release, or other relief concerning his custody, may move the court having jurisdiction to order his release, to release him from custody, to change the conditions of his release, or to grant other relief. "(2) A motion for relief may be made at any time after a hearing has been held or waived pursuant to subsection (d)(2) of this section. "(3) Unless the motion and the files and records of the case conclusively show that the person 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. On all issues raised by his motion, the person shall have the burden of proof. If the court finds by a preponderance of the evidence that the person is entitled to his release from custody, either conditional or unconditional, a change in the conditions of his release, or other relief, the court shall enter such order as may appear appropriate. "(4) A court may entertain and determine the motion without requiring the production of the persons at the hearing.

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"(5) A court shall not be required to entertain a second or successive motion for relief under this section more often than once every six months. A court for good cause shown may in its discretion entertain such a motion more often than once every six months. "(6) An appeal may be taken from an order entered under this section to the court having jurisdiction to review final judgments of the court entering the order. "(7) An application for habeas corpus on behalf of a person who is authorized to apply for relief by motion pursuant to this section shall not be entertained if it appears that the applicant has failed to apply for relief, by motion, to the court having jurisdiction to entertain a motion pursuant to this section, unless it also appears that the remedy by motion is inadequate or ineffective to test the validity of his detention." NARCOTIC

DRUGS

SEC. 208. Section 23 of the Uniform Narcotic Drug Act (D.C. Code, sec. 33-423) is amended to read as follows: "SEC. 23. (a) Except as hereinafter provided, a person violating any provision of this Act, or any regulation made by the Commissioner of the District of Columbia or the District of Columbia Council under authority of this Act, for which no specific penalty is otherwise provided, shall be fined not less than $100 nor more than $1,000, or imprisoned for not more than one year, or both. "(b) A person convicted of an offense punishable pursuant to this section, who shall have previously been convicted in the District of Columbia of such an offense, or who shall have previously been convicted, either in the District of Columbia or elsewhere, of a violation of the laws of the United States or of a State or subdivision thereof which would have been a violation of this Act and punishable pursuant to this section if committed in the District of Columbia and prosecuted pursuant to this Act, shall be fined not less than $500 nor more than $5,000 or imprisoned for not more than ten years, or both. "(c) For additional penalities for two or more violations of this Act, see sections 907 and 907A of the Act of March 3, 1901 (as amended by title II of the District of Columbia Court Reform and Criminal Procedure Act of 1970)." EXPLOSIVE

70 Stat. 622.

Ante, p. 598.

DEVICES

SEC. 209. The Act entitled "An Act to control the possession, sale, transfer, and use of pistols and other dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of evidence, and for other purposes", approved July 8, 1932 (D.C. Code, sec. 223201 et seq.), is amended by adding after section 15 (D.C. Code, sec. 22-3215) the following new section:

47 Stat. 650.

" M O L O TO V COCKTAILS A N D OTHER EXPLOSIVE DEVICES

"SEC. 15A (a) No person shall within the District of Columbia manufacture, transfer, use, possess, or transport a molotov cocktail. As used in this subsection, the term 'molotov cocktail' means (1) a breakable container containing flammable liquid and having a wick or a similar device capable of being ignited, or (2) any other device designed to explode or produce uncontained combustion upon impact; but such term does not include a device lawfully and commercially manufactured primarily for the purpose of illumination, construction work, or other lawful purpose. "(b) No person shall manufacture, transfer, use, possess, or transport any device, instrument, or object designed to explode or produce

Definition.

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82^st^t!*84V^' 10 USC 33'i^^^*

64 Stat. 1086; 81 Stat. 7 4 1. 18 USC 50055026.

Dlc.'code?3101 to 23-909.

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[84 STAT.

uncontained combustion, with the intent that the same may be used unlawfully against any person or property. "(c) No person shall, during a state of emergency in the District of Columbia declared by the Commissioner pursuant to law, or during a situation in the District of Columbia concerning which the President has invoked any provision of chapter 15 of title 10, United States Code, manufacture, transfer, use, possess, or transport any device, instrument, or object designed to explode or produce uncontained combustion, except at his residence or place of business. " (d) Whoever violates this section shall (1) for the first offense, be sentenced to a term of imprisonment of not less than one and not more than five years, (2) for the second offense, be sentenced to a term of imprisonment of not less than three and not more than fifteen years, and (3) for the third or subsequent offense, be sentenced to a term of imprisonment of not less than five years and of any term of years up to life imprisonment. In the case of a person convic'ed of a third or subsequent violation of this section, chapter 402 of title 18, United States Code (Federal Youth Corrections Act) shall not apply." CODIFICATION OF TITLE 2 a 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 28 of the District of Columbia Code, "Criminal Procedure", and may be cited "D.C. Code, sec."', as follows: "TITLE 23.—CRIMINAL PROCEDURE "Chap.

"1. "3. "5. "7. "9. "11. "13. "15. "17.

Sec.

General Provisions Indictments and Informations Warrants and Arrests Extradition and Fugitives from Justice Fresh Pursuit... Professional Bondsmen Bail Agency and Pretrial Detention Out-of-state Witnesses Death Penalty..

23-101 23-301 23-501 23-701 23-901 23-1101 23-1301 23-1501 23-1701

"Chapter 1.—GENERAL PROVISIONS •'Sec.

"23-101. "23-102. "23-103. "23-104. "23-105. "23-106. "23-107. "23-108. "23-109. "23-110. "23-111. "23-112.

Conduct of prosecutions. Abandonment of prosecution; enlargement of time for taking action. Statements prior to sentence. Appeals by United States and District of Columbia. Challenges to jurors. Witnesses for defense; fees. Discharge or acquittal of joint defendant during trial in order to be witness. Depositions. Powers of investigators assigned to United States attorney. Remedies on motion attacking sentence. Proceedings to establish previous convictions. 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.

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"(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 (I).(\ 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 Laiited 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 C^'olumbia 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 C^ounsel 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 be: 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. "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 pre-sentencing 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 any time 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
 * § 23-103. Statements prior to sentence

605 30 Stat. 7 2 3.

^^ ^*^*- " •

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to be imposed and to present information in support of his 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 crimmal 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 crimmal offense which suppresses or otherwise denies the prosecutor the use of evidence on the ground that it was invalidly obtained, if the United States attornej^ or the Corporation 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 ninetysix-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 fortyeight hours 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.

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"(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) I n 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. I n 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 tvv'o peremptory challenges if three or four alternate jurors 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 testifv on his IJehalf 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

607

Post, p. 639,.

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^°p^"^'

"^

[84 STAT.

such 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 cross-interrogatories. 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 iregularities 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 iregularities 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.

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"(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 the 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 copy 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

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hearing 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 before 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 conviction 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 A N D INFORMATIONS "SUBCHAPTER I—GENERAL PROVISIONS "Sec.

"23-301. Prosecution by indictment or information. "SUBCHAPTER II—JOINDER "23-311. "23-312. "23-313. "23-314.

Joinder of offenses and of defendants. Joinder of indictments or informations for trial. Relief from prejudicial joinder. Joinder of inconsistent offenses concerning the same property. "SUBCHAPTER III—SUFFICIENCY

"23-321. "23-322. "23-323. "23-324.

Description of money. Intent to defraud. Perjury. Subornation of perjury.

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