55 STAT.] 77TH CONG., 1ST SESS.-CH. 589-DEC. 17, 1941 been convicted in the District of Columbia or elsewhere of any one of such offenses or of any felony, and having no lawful employment and having no lawful means of support realized from a lawful occu- pation or source, and not giving a good account of himself when found loitering around in any park, highway, public building, or other public place, store, shop, or reservation, or at any public gathering or assembly. (2) Any person upon whom shall be found any instrument, tool, Persons possessing .... tools for picking locks, or other implement for picking locks or pockets or that is usually etc.P go employed or reasonably may be employed in the commission of any crime who shall fail satisfactorily to account for the possesion of the same. (3) Any person leading an immoral or profligate life who has Leading immoral no lawful employment and who has no lawful means of support ives. realized from a lawful occupation or source. (4) Any person who keeps, operates, frequents, lives in, or is Keeping houses of employed in any house or other establishment of ill fame, or who fame. (whether married or single) engages in or commits acts of fornication or perversion for hire. (5) Any person who frequents or loafs, loiters, or idles in or Frequenting gam- bling establishments, around or is the occupant of or is employed in any gambling estab- etc. lishment or establishment where intoxicating liquor is sold without a license. (6) Any person wandering abroad and lodging in any grocery or Lodging in vacant provision establishment, vacant house, or other vacant building, buildings, etc. outhouse, market place, shed, barn, garage, gasoline station, parking lot, or in the open air, and not giving a good account of himself. (7) Any person wandering abroad and begging, or who goes about Beggars. from door to door or places himself in or on any highway, passage, or other public place to beg or receive alms. (8) Any person who wanders about the streets at late or unusual Night wanderers. hours of the night without any visible or lawful business and not giving a good account of himself. (9) And all persons who by the common law are vagrants, whether Vagrants by com- embraced in any of the foregoing classifications or not. SEC. 2 . In all prosecutions under paragraphs 1 or 3 of section 1 Burhden of proofin of this Act the burden of proof shall be upon the defendant to show that he has lawful employment or has lawful means of support realized from a lawful occupation or source. SFC. 3. Any person convicted of vagrancy under the provisions Penal provisions. of this Act shall be punished by a fine of not more than $300 or imprisonment for not more than ninety days, or by both such fine and imprisonment, in the discretion of the court. The court may Power of court to impose conditions upon any person found guilty under the afore- tions. said provisions and so long as such person shall comply therewith to the satisfaction of the court the imposition or execution of sentence may be suspended for such period as the court may direct; and the court may at or before the expiration of such period remand such sentence or cause it to be executed. Conditions thus imposed by the court may include submission to medical and mental examination, diagnosis, and treatment by proper public health and welfare authorities, and such other terms and conditions as the court may deem best for the protection of the community and the punishment, control, and rehabilitation of the defendant. The health officer of the District of Columbia, the Women's Bureau of the Police Department, the Board of Public Welfare, and the probation officers of the court are authorized and directed to perform such duties as may be directed by the court in effectuating compliance with the conditions so imposed upon any defendant. 809
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