Section 5-1202 - Registration; exception; certificates; civil fine; regulations; void and prohibited certificates

Registration; exception; certificates; civil fine; regulations; void and prohibited certificates

(a) Notwithstanding any other law or provision of law, including any executive agreements or understandings, any state official coming into the District of Columbia: (1) to enforce that state's laws relating to tobacco or tobacco products, including any law levying a tax on tobacco or tobacco products; or (2) to conduct an investigation or surveillance or cause to be surveilled activities done in the District of Columbia relating to a possible violation of the laws of that state, shall first register with the Chief of the Metropolitan Police Department of the District of Columbia (hereinafter referred to as the “Chief”). Such state official shall first register in person with the Chief 72 hours in advance of each such entry into the District of Columbia. Such state official shall, in addition, provide to the Chief a written statement setting forth the identity of such state official, the purpose of his intended entry into the District of Columbia, and the time(s) and place(s) at which such state official will be present in the District of Columbia for such purpose. Any person who registers shall be issued a certificate of registration which must be retained in the possession of the person during all investigative or surveillance activities. No state official or state agent shall be allowed to come into the District of Columbia to enforce that state's laws relating to alcoholic beverages, including any law levying a tax on alcoholic beverages, or to conduct an investigation or surveillance of a retail liquor establishment or cause to be surveilled activities done in the District of Columbia relating to a possible violation of that state's law relating to the importation of alcoholic beverages.

(b) This section shall not apply to any state law-enforcement officer who enters the District of Columbia lawfully in hot pursuit of a person suspected of having committed a crime, or to any state law-enforcement officer entering the District of Columbia solely for the purpose of conducting business with either the federal or the District of Columbia government.

(c) Any state official or state agent found to be in violation of this section shall be subject to a civil fine of up to $300 for each violation.

(c-1) After July 25, 1985, certificates issued pursuant to subsection (a) of this section for investigating a retail liquor establishment shall become void and the Chief shall not grant certificates to permit investigations in the District of Columbia in order to enforce out-of-state liquor laws.

(d) Pursuant to subchapter I of Chapter 5 of Title 2, the Chief shall promulgate such regulations as are necessary to carry out the provisions of this chapter.

CREDIT(S)

(Sept. 9, 1978, D.C. Law 2-102, § 3, 25 DCR 303; Mar. 10, 1983, D.C. Law 4-198, § 2, 30 DCR 117; July 25, 1985, D.C. Law 6-12, § 2(b), (c), 32 DCR 3232.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., § 4-1002.
1973 Ed., § 4-1102.
Legislative History of Laws
For legislative history of D.C. Law 2-102, see Historical and Statutory Notes following § 5-1201.
Law 4-198, the “State Revenue Officers Registration Improvements Act of 1982,” was introduced in Council and assigned Bill No. 4-493, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on November 16, 1982, and December 14, 1982, respectively. Signed by the Mayor on December 28, 1982, it was assigned Act No. 4-282 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 6-12, see Historical and Statutory Notes following § 5-1201.

Current through September 13, 2012