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This bill would move the job of prosecuting most District of Columbia local crimes and violations from the U.S. Attorney’s Office to a local prosecutor’s office chosen under D.C. law. In simple terms, it gives the District more control over its own local prosecutions while leaving federal criminal authority unchanged. The change would not happen right away; it would begin only after D.C. passes a local law naming the office, and after a one-year waiting period. The bill also protects certain employees who move from the U.S. Attorney’s Office to the new local office by allowing them to keep federal employee benefit treatment.
- Local prosecutions would be handled by the head of the D.C. prosecutor’s office, or by that office’s assistants, for violations of D.C. police or municipal laws and similar local offenses.
- The bill defines the “local prosecutor’s office” as the office named under D.C. local law to carry out these prosecutions.
- It makes clear that federal prosecutors, including the U.S. Attorney for the District of Columbia and the U.S. Attorney General, would still keep authority over violations of federal law.
- Employees who are working for the U.S. Attorney for D.C. before the change and continue working for the new local office would keep their federal retirement and other benefits treatment under federal law.
Official Summaries
District of Columbia Prosecutor Home Rule Act
This bill shifts the responsibility for prosecuting all violations of the laws, ordinances, and regulations of the District of Columbia (DC) to a local prosecutor's office.
Currently, the responsibility for prosecuting such violations is shared between DC and the federal government. Generally, the local Office of the Attorney General for the District of Columbia prosecutes crimes committed by juveniles and criminal violations of municipal regulations, and the federal U.S. Attorney's Office for the District of Columbia prosecutes all other crimes.
The bill also specifies that current employees of the U.S. Attorney's Office for the District of Columbia who continue to be employed by the local prosecutor's office retain their eligibility as federal employees for purposes of health insurance, retirement, and other federal benefits.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 356 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 356
To assign the responsibility for conducting prosecutions for violations
of the laws of the District of Columbia to the head of a local
prosecutor's office designated under local law of the District of
Columbia.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 13, 2025
Ms. Norton introduced the following bill; which was referred to the
Committee on Oversight and Government Reform
_______________________________________________________________________
A BILL
To assign the responsibility for conducting prosecutions for violations
of the laws of the District of Columbia to the head of a local
prosecutor's office designated under local law of the District of
Columbia.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Prosecutor Home
Rule Act''.
SEC. 2. RESPONSIBILITY OF LOCAL PROSECUTOR'S OFFICE FOR CONDUCT OF ALL
DISTRICT OF COLUMBIA PROSECUTIONS.
(a) In General.--Section 23-101, D.C. Official Code, is amended by
striking subsections (a) through (f) and inserting the following:
``(a) Prosecutions for violations of all police or municipal
ordinances or regulations of the District of Columbia and for
violations of all penal statutes of the District of Columbia in the
nature of police or municipal regulations shall be conducted in the
name of the District of Columbia by the head of the local prosecutor's
office or the assistants of the head of such office, except as may
otherwise be provided in any such ordinance, regulation, or statute of
the District of Columbia.
``(b) In this section, the `local prosecutor's office' is the
office designated under local law of the District of Columbia as the
office responsible for conducting prosecutions under this section.
``(c) Nothing in this section shall affect the authority of the
Attorney General of the United States or the United States Attorney for
the District of Columbia to exercise jurisdiction concerning violations
of the laws of the United States.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to violations of District of Columbia ordinances,
regulations, and statutes which occur after the expiration of the 1-
year period which begins on the date on which a local law of the
District of Columbia which designates the local prosecutor's office for
purposes of section 23-101(b), D.C. Official Code (as amended by
subsection (a)), takes effect.
(c) Retention of Federal Benefits by Continuing Employees.--With
respect to any individual who is an employee of the United States
Attorney for the District of Columbia as of the day before the date
described in subsection (b) and continues to be employed by the local
prosecutor's office designated for purposes of section 23-101(b), D.C.
Official Code (as amended by subsection (a))--
(1) such individual shall continue to be treated as an
employee of the Federal Government for purposes of receiving
benefits under any chapter of subpart G of part III of title 5,
United States Code; and
(2) such designated local prosecutor's office shall be
treated as the employing agency of the individual with respect
to such benefits.
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