- The Washington Times - Monday, October 23, 2023

D.C. Mayor Muriel Bowser introduced legislation Monday aimed at rolling back some of the city’s sweeping anti-police rules and changes adopted in 2020 as the District grapples with a wave of shootings, robberies and carjackings.

The mayor’s Addressing Crime Trends (ACT) Now proposal would change what qualifies as an illegal neck restraint. The mayor said the current rule prohibiting officers from using the hold is written in language so broad that it presents a public safety risk.

Acting Metropolitan Police Chief Pamela Smith echoed the mayor’s concerns. She noted that officers can be accused of violating policy by putting their hand on the back of a suspect’s neck while loading the person into a squad car.

The mayor’s legislation would allow officers to review their body camera footage before filing paperwork and would more clearly define situations in which an officer can pursue someone in their patrol car.

The bill introduces stiffer penalties for the ringleaders of retail theft crews and those wearing masks while committing crimes.

Chief Smith said the rules and restrictions — adopted in the anti-police fervor that swept the nation after the 2020 murder of George Floyd — have made officers less willing to physically engage suspects, even when those suspects are trying to hurt themselves or other people.

“We have to have a policy environment that allows us to recruit and retain officers and not lose our officers to the surrounding jurisdictions because our policy environment makes them scared to do their job,” Ms. Bowser said at a press conference outside the Metropolitan Police Department’s 4th District station in Northwest.

MPD had 3,316 active duty officers as of last month, its lowest number in half a century.

Meanwhile, the District is reporting year-over-year spikes in homicides (up 33%), robberies (up 70%) and carjackings (up 108%).

Violent auto thefts have hit historic highs in the nation’s capital. The District recorded 806 carjackings through Sunday. The city is on track to nearly double the record high set last year at 484.

The 225 killings in the District mark the third year in a row that the city has had more than 200 homicides. That hasn’t happened in roughly two decades.

Violent crime overall is up 41% this year.

Under Ms. Bowser’s proposal, police could establish “drug-free zones” for five days to prevent loitering and the sale of methamphetamines, opiates and marijuana.

The mayor and police chief noted that open-air drug deals have contributed to the sense of lawlessness weighing on D.C. residents.

“This serves as another tool for [police] to address drug-related crime on our District streets and protect the public from the dangers that are often reasonable and associated with sales, purchase and the use of illegal drugs,” Chief Smith said.

The District isn’t the only jurisdiction rethinking the anti-police legislation of recent years.

New York rolled back its 2019 bail reform law this year in light of the statewide crime spike that started after Floyd was killed by Minneapolis police.

San Francisco residents recalled District Attorney Chesa Boudin in 2022 over the prosecutor’s tendency to put offenders in diversion programs rather than behind bars.

Washington state nixed new constraints on police use of force last year after officers said criminal suspects were allowed to walk away even if they were temporarily detained for questioning.

The D.C. Council passed the Comprehensive Policing and Justice Amendment Act on an emergency basis in June 2020 and later enshrined the act into law permanently.

Most major cities experienced spikes in violent crime in 2020 and 2021 but have started to see significant declines since then.

The District is an outlier, with 2023 shaping up as one of the bloodiest years in decades.

Ms. Bowser, Chief Smith and Lindsey Appiah, the city’s deputy mayor for public safety, pointed to the unintended consequences of the post-Floyd rules and restrictions on Monday.

“[The reforms] were well-intentioned, and I think all of us, following the murder of George Floyd, wanted to make sure that we were doing everything possible to have a safe and constitutional police force,” Ms. Bowser said, but “some of the reforms have made our communities less safe.”

Ms. Bowser said she is confident that she will secure the seven votes needed to pass her anti-crime package on the all-Democratic city council.

Three council members in attendance — at-large members Kenyan McDuffie and Anita Bonds, as well as Ward 4 Democrat Janeese Lewis George — said they support the legislation’s aims to improve public safety but will reserve final judgment until they see the text of the bill.

Brooke Pinto, the Ward 2 Democrat and chair of the Judiciary and Public Safety Committee, said in a statement to The Washington Times that she will hold a hearing on the bill this fall.

She said she backs the mayor’s focus on improving public safety but would withhold support for the bill until she read its text.

Charles Allen, one of the chief architects of the police overhaul three years ago, echoed that sentiment.

The Ward 6 Democrat told The Times that he needs to see whether the bill’s text prevents and reduces crime in “a smart, equitable and effective way” and whether the legislation fills a gap in the current law that requires coordination between the local government and the community.

D.C. Council Chairman Phil Mendelson said the proposal is a misfire that doesn’t target the violent crime terrorizing locals.

“I am disappointed in the mayor’s proposal and the hype she’s created around it,” Mr. Mendelson told The Times in a statement.

“Residents are concerned about gun violence, robberies and carjackings. This proposal does not address gun violence, robberies and carjackings.

“Instead, it trots out ‘solutions’ like recreating drug free zones,” Mr. Mendelson’s statement said. “And while I support the idea of drug free zones, they are unconstitutional. (And the mayor voted to repeal when she was a councilmember). The mayor needs to focus on deterrence and the biggest deterrent of violent crime is closing cases, locking up repeat offenders and prosecuting aggressively.”

Republicans on Capitol Hill have held hearings to strafe the District over its public safety apparatus all year.

The House Judiciary Committee this month hosted D.C. crime victims who talked about their experiences of being robbed and assaulted.

The offenders in each case were arrested, but all were given light sentences. The victims laid the issue at the feet of the U.S. attorney’s office, headed by the federal prosecutor who handles major crimes in the District.

The attorney’s office has been hounded for declining to pursue two-thirds of the cases the MPD brought in fiscal 2022.

Republicans spearheaded a bipartisan effort this spring to overturn a massive rewrite of the District’s criminal code, which was criticized for reducing penalties for most violent crimes.

Rep. Kevin Kiley, California Republican, said the District is suffering from a three-headed monster afflicting many other liberal cities: laws that excuse criminality, prosecutors who refuse to try cases and judges who issue lenient sentences.

“D.C. is a perfect case study that all of these things have become mutually reinforcing to the point that you have many, many people here who just don’t feel safe,” Mr. Kiley told The Times.

Many federal lawmakers have felt the impact of crime in the city. Staff members and even members of Congress have encountered crooks.

A staffer for Sen. Katie Boyd Britt, Alabama Republican, was robbed at gunpoint last week.

Rep. Henry Cuellar, Texas Democrat, was carjacked at gunpoint by three masked thieves this month.

A staffer for Sen. Rand Paul, Kentucky Republican, was randomly stabbed in March by a man who had just been released from prison.

Rep. Angie Craig, Minnesota Democrat, was assaulted inside her apartment complex in February by a man with 12 prior convictions.

Rep. Andrew Garbarino, New York Republican, characterized Ms. Bowser’s proposed legislation as “too little, too late.”

He said the only solution to stop MPD from hemorrhaging officers is for local legislators to reverse all the restrictions they have implemented in recent years.

“D.C., New York and liberal cities across the country are paying the price for their anti-police policies and rhetoric,” Mr. Garbarino told The Times. “If Mayor Bowser wants to make a real difference to D.C. crime rates, she would completely roll back all of the D.C. Council’s anti-police efforts and empower law enforcement to tackle rising crime as they see fit.”

• Matt Delaney can be reached at mdelaney@washingtontimes.com.

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