The D.C. Council is considering public safety legislation that would make it easier to prosecute people for carjackings and increase penalties for some gun offenses, but one controversial provision, which would allow police to do some stop-and-searches, is already drawing criticism.
As the District continues to see high numbers of homicides and carjackings, Council members heard testimony Wednesday from the public and law enforcement officials on legislation proposed by Council member Brooke Pinto.
"The violence we're seeing in our streets is not acceptable, it is not normal, and it cannot be left unaddressed,” Pinto said.
Many of the changes in the legislation address gun laws, including requiring those convicted on gun charges or on pre-trial release to submit to searches when in public places. It would increase penalties for certain gun crimes and amend the definition of “carjacking.”
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U.S. Attorney for the District of Columbia Matthew Graves supports the legislation and pointed to what he sees as a gap in the current carjacking law that the bill would address.
“Sometimes people are in their vehicle when they're carjacked; sometimes people have taken their keys out of their car and walked briefly away from their vehicle when someone comes up to them with a gun, takes their keys and then takes their cars,” he told News4.
“We need to conform the law to make clear that that is a carjacking,” Graves said.
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The provision allowing police to stop and search certain people charged with gun crimes without a warrant or cause drew the most opposition at Wednesday’s hearing.
“Imagine being stopped and searched on a regular basis in your community,” D.C. ACLU Executive Director Monica Hopkins said. “It's not effective.”
“To be stopped and searched and not get a ticket or be charged with anything, you're just doing your daily business, is harassment,” she added.
“No, I do not see the harassment point here because of how focused this is,” Graves said.
“You could only be searched if you were under court supervision,” he explained. “This is not random stopping of individuals on the streets.”
Mayor Muriel Bowser’s administration and the Metropolitan Police Department also support the legislation, but the mayor acknowledged she would not support the stop-and-search provision if courts find that to be unconstitutional.
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