District of Columbia Prosecutor Home Rule Act

This Act may be cited as the District of Columbia Prosecutor Home Rule Act.

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.

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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.

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.