Designation of official to issue citations or take money or bond

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(a) For the purposes of this section, the term:

(1) “Releasing official” means a sworn member of a law enforcement agency, as defined in § 23-501(2), appointed by the judges of the Superior Court to:

(A) Act as a clerk of the court with authority to issue citations pursuant to § 23-584;

(B) Take money pursuant to § 5-335.01;

(C) Take bond imposed upon the issuance of a bench warrant by a judicial officer of the Superior Court, from persons charged with offenses triable in the Superior Court;

(D) Release persons eligible for release pursuant to § 23-584; and

(E) Tender offers to resolve criminal charges using post-and-forfeit procedures pursuant to § 5-335.01.

(2) “Superior Court” means the Superior Court of the District of Columbia.

(b) The judges of the Superior Court may remove releasing officials at any time.

(c) A releasing official shall:

(1) Be subject to the orders and rules of the Superior Court in the discharge of his or her duties; and

(2) Receive no additional compensation for duties performed as a releasing official other than his or her salary as an official of the Metropolitan Police Department or other law enforcement agency operating in the District of Columbia.

(July 29, 1970, 84 Stat. 638, Pub. L. 91-358, title II, § 210(a); Aug. 20, 1994, D.C. Law 10-151, § 101(a), 41 DCR 2608; June 11, 2013, D.C. Law 19-317, § 283(e), 60 DCR 2064; Apr. 24, 2015, D.C. Law 20-243, § 2(b)(2), 61 DCR 8320.)

Prior Codifications

1981 Ed., § 23-1110.

1973 Ed., § 23-1110.

Section References

This section is referenced in § 25-781, § 25-785, and § 25-1002.

Effect of Amendments

The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in [§ 22-3571.01]” for “not more than the maximum provided for the misdemeanor for which such citation was issued” in (b)(4).

The 2015 amendment by D.C. Law 20-243 substituted “to issue citations or take money or bond” for “to take bail or collateral when court is not in session; issuance of citations” in the section heading; and rewrote the section.

Emergency Legislation

For temporary amendment of section, see § 101(a) of the Omnibus Criminal Justice Reform Emergency Amendment Act of 1994 (D.C. Act 10-255, June 22, 1994, 41 DCR 4286).

For temporary (90 days) amendment of this section, see § 283(e) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

Editor's Notes

Capitol Police Citation Release: For designation of a member of the Capitol Police to have responsibility for citation release, and to take bail, collateral, or bond in the same manner as an official of the Metropolitan Police Department of the District of Columbia under this section, see § 108 of Pub. L. 104-186, 110 Stat. 1719.

Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.


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