Disapproving the Action of the District of Columbia Council in Approving the Revised Criminal Code Act of 2022

Floor Speech

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Mr. COMER. Mr. Speaker, pursuant to House Resolution 97, I call up the joint resolution (H.J. Res. 26) disapproving the action of the District of Columbia Council in approving the Revised Criminal Code Act of 2022, and ask for its immediate consideration.

The Clerk read the title of the joint resolution.

Mr. Speaker, today I rise in support of Representative Clyde's H.J. Res. 26, a resolution disapproving the District of Columbia's Revised Criminal Code Act of 2022.

There is a crime crisis in America's Capital City. According to the D.C. Metropolitan Police Department, carjackings in the District have increased by 90 percent compared to this time last year. Total property crime is up 31 percent, and homicides are up 29 percent. In fact, D.C. is currently on track to have the most homicides since 1995.

But the radical D.C. Council has chosen to prioritize legislation that will turn this crime crisis into a catastrophe. The D.C. Council's progressive soft-on-crime legislation eliminates almost all the mandatory minimum sentencing requirements for violent crimes, and it drastically reduces the maximum penalties allowable to the courts. These changes further embolden criminals to run rampant throughout the District of Columbia.

The act also grants the right to a jury trial for most misdemeanor offenses. The D.C. court system is already overloaded. This change will burden the D.C. court system even more, reducing the resources devoted to hearing cases for serious felony offenses.

The D.C. Council's legislation is eroding an individual's right to a fair and speedy trial granted them through our Constitution.

All Americans should feel safe in their Capital City, but they don't because of D.C. Democrats' leniency toward criminals at the expense of Americans' safety.

Ensuring public safety and addressing crime is a cornerstone of the House Republicans' policy agenda. In November of last year, Americans voted for a new majority in the House--a new majority that will address crime head-on to ensure a nation that is safe.

This D.C. Council legislation is a brazen rejection of law and order. Ignoring the high rates of criminality in the District and doubling down on leniency for society's violent criminals is a dereliction of duty. This terrible policy will impact anyone who sets foot in the District of Columbia, including residents, the commuting workforce, Federal Government officials, foreign dignitaries, and Americans visiting their Nation's Capital.

If the D.C. Council wants to continue to skirt its responsibility to the people, then they will have to answer to this Congress.

It should be noted that we in Congress are not alone. The D.C. Police Union, representing 3,500 members, and the National Fraternal Order of Police are strongly in favor of H.J. Res. 26 stating in a recent letter to Congress that the D.C. act ``will embolden criminals, dramatically increase crime and violence, and render police officers in the District of Columbia virtually powerless to adequately police the city and keep its residents and visitors safe.''

This resolution is also endorsed by the National Association of Police Organizations representing over 241,000 law enforcement officials across America and the Federal Law Enforcement Officers Association.

Additionally, on January 4, Washington, D.C., Mayor Muriel Bowser took the extraordinary step of vetoing this legislation, calling the proposals controversial and stating that the act does not make the District of Columbia safer.

Mayor Bowser's bold executive veto sent a strong message that the policy proposals of this bill are simply unworkable and unsafe for the District. There may not be much Mayor Bowser and I have agreed on in the past, but today we are on the same page.

Mr. Speaker, I call on my colleagues to join me in supporting Mr. Clyde's resolution disapproving of the D.C. Revised Criminal Code Act of 2022. We must ensure these terrible criminal code reforms are not put into place.

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Mr. COMER. Mr. Speaker, it appears my Democratic colleagues would rather disregard their statutory responsibility in the Home Rule Act. How convenient to pick and choose when to do their duty.

I feel compelled to respond. These resolutions have been called paternalistic. However, the last time Congress passed a joint resolution of disapproval was all the way back in 1990, my senior year in high school--I am 50 years old, Mr. Speaker--over 30 years ago.

Congress does not act upon D.C. legislation unless it is absolutely necessary, and that is what we are faced with today.

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Mr. COMER. Mr. Speaker, I am pretty sure we haven't had a carjacking in my congressional district in several years. If someone thought about carjacking a vehicle in my district, it probably wouldn't end well for them. I don't think this has anything to do with this important bill in a city that has been ravaged with crime and carjackings every day.

Mr. Speaker, I include in the Record four letters of support for this resolution, letters from the D.C. Police Union, National Fraternal Order of Police, National Association of Police Organizations, and the Federal Law Enforcement Officers Association. DC Police Union, Washington, DC, February 6, 2023. Speaker Kevin McCarthy, House of Representatives, Washington, DC.

Dear Speaker McCarthy: I am writing as Chairman of the Fraternal Order of Police, Metropolitan Police Department Labor Committee, D.C. Police Union (``D.C. Police Union'') and on behalf of the nearly 3,500 members of the D.C. Police Union regarding in support of the disapproval resolution regarding a dangerous law that the D.C. Council has passed that will embolden criminals, dramatically increase crime, and render police officers in the District powerless to adequately police the City.

On January 17, 2023, the D.C. Council overrode Mayor Muriel Bowser's veto of the Revised Criminal Code Act of 2022 (the ``RCCA''). The RCCA eliminates mandatory minimum sentences for all crimes, drastically reduces the maximum penalties for crimes such as carjacking, and eliminates accomplice liability for felony murder. The provisions in this bill will create lawlessness, prevent police from holding criminals accountable, and increase the number of officers who leave the department. The RCCA Eliminates Mandatory Minimum Sentences and Dramatically Reduces Statutory Maximum Sentences

The RCCA eliminates all mandatory minimum sentences in the District and dramatically reduces the statutory maximum sentence which may be imposed for nearly all crimes. This reckless legislation brings the District into uncharted and dangerous territory. Indeed, the Council has conceded that ``no U.S. jurisdiction has entirely eliminated mandatory minimums.'' Despite this, the Council has persisted in its irresponsible encouragement of lawlessness in the District. The RCCA promotes crime by eliminating the certainty of punishment for offenders through the elimination of mandatory minimums while simultaneously stripping judges of the ability to impose a punishment that matches the severity of the offense through the dramatic reduction in statutory maximums. Elimination of Accomplice Liability for Felony Murder Prosecutions

Section 22A-2201 of the RRCA eliminates accomplice liability for felony murder prosecutions in the District. Accomplice liability for felony murder is critical in establishing liability across multiple perpetrators when evidence is otherwise unable to prove which perpetrator committed the ``lethal act.'' By eliminating accomplice liability, the RCCA ensures that police and prosecutors will be unable to hold the most violent and dangerous criminals accountable. Reduction in Penalties for Carjacking

The RCCA dramatically decreases the penalties for carjackings, despite the fact that carjackings have spiked in the District over the past two years. The RCCA endangers District residents and encourages lawlessness by reducing the penalties for carjacking offenses. Doing so also removes a critical degree of discretion from judges who, previously, were given proper latitude to craft a punishment that fit the severity of the crime. Requirement of MPD Officers to Undergo an Indeterminate Amount of Extensive Training

The sweeping changes to the criminal code in the RCCA will require D.C. police officers to receive extensive training and learn and entirely new criminal code in the District. The extensive retraining and overtime that will be required comes at a time when the number of officers in the District is at historical lows as a result of anti-police legislation passed by the Council. The RCCA will undoubtedly take a further toll of D.C. police officers and accelerate the current exodus of officers from the District.

This anti-police, pro-crime law will create a mass exodus of police officers from the District and will unquestionably make the District of Columbia more dangerous for citizens who live in the District, individuals who work in the District, and tourists that travel to the District. As a result, the D.C. Police Union strongly urges the House Oversight and Accountability Committee to take all action necessary to prevent this reckless legislation from becoming law. Respectfully, Greggory Pemberton, Chairman, D.C. Police Union. ____ National Fraternal Order of Police, Washington, DC, February 6, 2023. Hon. Kevin O. McCarthy, Speaker of the House, House of Representatives, Washington, DC. Hon. Hakeem S. Jeffries, Minority Leader, House of Representatives, Washington, DC. Hon. Steven J. Scalise, Majority Leader, House of Representatives, Washington, DC. Hon. Katherine M. Clark, Minority Whip, House of Representatives, Washington, DC.

Dear Mr. Speaker and Representatives Jeffries, Scalise, and Clark: I am writing on behalf of the members of the Fraternal Order of Police to advise you of our support for H.J. Res. 26, a resolution disapproving the adoption of the Revised Criminal Code Act (RCCA) of 2022 by the Washington, D.C. City Council.

The union representing the men and women of the Washington, D.C. Metropolitan Police Department (MPD) is proudly FOP and the officers we represent have made it clear to us and to the residents of the city that the RCCA will embolden criminals, dramatically increase crime and violence, and render police officers in the District of Columbia virtually powerless to adequately police the city and keep its residents and visitors safe.

On January 17, 2023, the D.C. Council overrode Mayor Muriel Bowser's veto of the RCCA. Mayor Bowser, like the men and women of the MPD recognize that it will quickly have a negative impact on public safety in the District. The RCCA eliminates mandatory minimum sentences for all crimes, drastically reduces the maximum penalties for crimes such as carjacking, and eliminates accomplice liability for felony murder.

These so-called ``reforms'' have been implemented in other jurisdictions and have led inevitably to greater violence and crime across our country. Having it happen here, in our nation's capital, will have a ripple effect and we are very concerned that other cities will model their reforms on laws like the RCCA.

To reduce the authority of law enforcement officers and erect numerous obstacles to effective prosecutions and just sentences in the middle of a national crime epidemic is at variance with common sense! It is also contributing to the recruitment and retention crisis in the District and around the nation. In the last three years, more than 500 officers have left MPD and many cite their terrible treatment by the City Council as the reason for their departure.

We urge the House to adopt H.J. Res. 26 and disapprove of the RCCA.

We further urge that the House review and consider a similar disapproval resolution for the Comprehensive Policing and Justice Amendment Act of 2022 which was enacted by the City Council on 19 January 2023 without Mayor Bowser's signature. Under the guise of police reform, the Act attacks the rights of D.C. law enforcement officers, including restricting their right to bargain collectively and destroying their ability to challenge disciplinary matters taken without just cause. The law is anti-police, pro-crime, and the leading reason for the exodus of officers from the MPD. Like the RCCA, it will make the District of Columbia more dangerous for citizens who live in the District, individuals who work in the District, and tourists visiting the District. As a result, the D.C. Police Union respectfully requests your assistance in defeating these horrible laws.

On behalf of the more than 364,000 members of the Fraternal Order of Police, we strongly urge all Members of the U.S. House of Representatives to support and pass H.J. Res. 26 to protect the safety of the public in Washington, D.C. If I can provide any additional information about this bill, please do not hesitate to contact me or Executive Director Jim Pasco in our Washington, D.C. office. Sincerely, Patrick Yoes, National President. ____ National Association of Police Organizations, Inc., Alexandria, VA, February 7, 2023. Hon. Kevin McCarthy, Speaker, House of Representatives, Washington, DC. Hon. Hakeem Jeffries, Minority Leader, House of Representatives, Washington, DC.

Dear Speaker McCarthy and Minority Leader Jeffries: On behalf of the National Association of Police Organizations (NAPO) and the over 241,000 sworn law enforcement officers we represent across the country, I am writing to advise you of our concerns with the Revised Criminal Code Act of 2022 (D.C. Act 24-789), as enacted by the Council of the District of Columbia on January 17, 2023, and our subsequent support for H.J. Res. 26.

According to the Metropolitan Police Department's crime data, from this time last year, the District of Columbia has experienced an increase in homicides, carjackings, and theft. Particularly, D.C. is amid a rise in gun violence and homicide rates among the city's youth. Yet, the Council still voted to enact the revised criminal code that lowers penalties for the crimes most impacting the city and its residents, including carjacking, illegal firearm possession, and robbery, and it will eliminate almost all mandatory minimum sentences.

Proponents of the Revised Code believe that it will ensure that sentences better fit their crimes and will give nonviolent, low risk offenders a chance to become productive members of society. While NAPO agrees that these are laudable goals--to ensure the punishment fits the crime--we disagree on how this law accomplishes those goals. We continue to believe that mandatory minimums are a strong deterrent for criminals and an important tool in helping law enforcement keep our communities safe from violent crime.

In addition, the Revised Code significantly changes the law of self-defense for law enforcement officers that would considerably constrain an officer's ability to protect themselves and the public when confronted with imminent death. Under the Revised Code, the considerations the officer must make when faced with the need to use deadly force are not only unrealistic in the rapidly unfolding scenario of an attack upon an officer, they also create the perverse situation where a suspect who escalates his/her dangerous behavior toward an officer, to the point of deadly force being an option, is more likely to be let go than a less- violent suspect.

NAPO is concerned that the Revised Criminal Code Act, if allowed to be enacted into law, will decrease public safety and leave crime victims in a continual search for justice. Therefore, we support H.J. Res. 26, disapproving of the Revised Criminal Code Act of 2022, so that the Council of the District of Columbia can work with Mayor Muriel Bowser to revise the criminal code in a way that will not benefit violent criminals over victims and will make the city safer.

We appreciate your consideration of our concerns with the Revised Criminal Code Act of 2022. If we can provide any assistance, please feel free to contact me. Sincerely, William J. Johnson, Esq., Executive Director. ____ Federal Law Enforcement Officers Association, Washington, DC, February 7, 2023. Hon. Kevin McCarthy, Speaker of the House, House of Representatives, Washington, DC.

Dear Speaker McCarthy, I am writing on behalf of the almost 32,000 members of the Federal Law Enforcement Officers Association (FLEOA) to express our strong support for H.J. Res 26, ``Disapproving the action of the District of Columbia Council in approving the Revised Criminal Code Act of 2022.''

In the past several years, there has been a dramatic increase in multiple categories of violent crime, including murders, homicides, robberies, aggravated assaults and carjackings. Areas across the United States are experiencing this heightened level of violent crime, with much violence being highly concentrated in lower socioeconomic and minority communities. These residents should not need to live in fear for their safety.

So far in 2023, Washington D.C. is experiencing a 29 percent increase in homicides, an 89 percent increase in motor vehicle thefts, and an overall 18 percent increase in total crime. These statistics are shocking for any community, but particularly shameful for our nation's capital city.

The primary goal of community leaders should be to provide law enforcement the effective tools to counter and prevent violent criminal activity. As proposed, the Revised Criminal Code Act of 2022 ties the hands of our law enforcement professionals. Therefore, FLEOA strongly supports this resolution disapproving of the Revision Criminal Code.

We are grateful for your leadership on this issue and your efforts to ensure that all law enforcement officers nationwide have the ability to serve and protect the American public. Sincerely, Larry Cosme, National President, Federal Law Enforcement Officers Association.

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Mr. COMER. The D.C. Revised Criminal Code Act of 2022 is irresponsible. It is dangerous. It is playing with the livelihoods of all who live in or visit D.C. by gutting the local justice system and allowing emboldened criminals to remain on the streets.

This Congress must swiftly exercise its constitutional role concerning the District of Columbia and reject this misguided legislation from going into effect.

I urge my colleagues on both sides of the aisle to unite in support of law and order and support this necessary resolution of disapproval.

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