4342901 Resolution 20-124, “Reckless Driving Emergency Declaration Resolution of 2013”  

  • A RESOLUTION

     

    20-124 

     

    IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

     

    May 7, 2013

     

     

    To declare the existence of an emergency with respect to the need to enact an emergency version of the Reckless Driving Amendment Act of 2012 to ensure its provisions are in effect as of June 1, 2013.

     

     

                RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Reckless Driving Emergency Declaration Resolution of 2013”.

     

                Sec. 2.  (a) On December 4, 2012, the Council approved Bill 19-823, the Reckless Driving Amendment Act of 2012.  Due to lengthy administrative delays, this legislation was not transmitted to Congress until February 26, 2013 and is not expected to complete Congressional review until mid to late June.

    (b) Section 2 of this bill clarifies the offense of reckless driving and creates a new offense of aggravated reckless driving.  Section 8 contains an applicability date of June 1, 2013.  Because this bill would apply before it will take effect, this bill would violate the prohibition against ex post facto laws in Article I of the U.S. Constitution.

    (c) As a result, it is necessary to enact an emergency version of the Reckless Driving Amendment Act of 2012, signed by the Mayor on January 22, 2013 (D.C. Act 19-630; 60 DCR 1713) (“Act”),  so that the provisions of the Act become applicable on June 1, 2013, which was the intended applicability date of the Act.

     

                Sec. 3.  The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Reckless Driving Emergency Amendment Act of 2013 be adopted after a single reading.

               

                Sec. 4.  This resolution shall take effect immediately.