COUNCIL OF THE DISTRICT OF COLUMBIA
OFFICE OF COUNCILMEMBER BROOKE PINTO
THE JOHN A. WILSON BUILDING
1350 PENNSYLVANIA AVENUE, N.W., SUITE 106
WASHINGTON, D.C. 20004
June 21, 2023
Nyasha Smith, Secretary
Council of the District of Columbia
1350 Pennsylvania Avenue, NW
Washington, DC 20004
Dear Secretary Smith,
Today, I, along with Councilmembers Bonds and Parker, am introducing the “Accountability and
Victim Protection Amendment Act of 2023.” Please find enclosed a signed copy of the legislation.
Since becoming the Chairwoman of the Committee on the Judiciary and Public Safety, I have spent
a great deal of time engaging with residents and our criminal justice partners to understand where
our existing criminal laws fall short in protecting District residents. This legislation, which I
developed in partnership with the United States Attorney’s Office for the District of Columbia, is
aimed at strengthening protections for victims, especially victims of domestic violence, children,
and senior citizens, as well as filling gaps in our current criminal code.
Specifically, the bill would do the following:
Ensure accountability for offenders:
• Eliminate or extend the length of statutes of limitations for certain serious crimes, such as
attempts to commit murder or sexual abuse, along with crimes that are committed in the
same incident as one of those crimes. These changes would help to improve accountability,
particularly in cases where a victim comes forward years after the crime was committed
(as often happens in sexual assault cases).
• Make misdemeanor arrest warrants extraditable outside the District where a court finds
good cause. This is particularly important given how the District’s small size and proximity
to Maryland and Virginia.
• Clarify that GPS records in the possession of the Pretrial Services Agency (PSA) can be
admissible to prove a defendant’s guilt in a criminal case or other judicial proceeding.
Current law is unclear on this issue, and while the USAO consistently maintains that the
law allows these records to be admitted as evidence of guilt, some defendants have
attempted to construe the statutes to the contrary. This is a common-sense measure that
would make clear that GPS records from PSA that, for example, indicate that a defendant
was on the scene of a domestic violence incident or a homicide, can be admissible in that
defendant’s trial for domestic violence or murder. 2
Enhance protections for senior citizens:
• Add “assault with significant bodily injury” to a list of offenses that qualify for sentencing
enhancements when committed against senior citizens. This would rectify an apparent
oversight in existing law and ensure that seniors receive the protections they deserve.
Protect victims of sexual abuse and domestic violence:
• Prohibit individuals who have been convicted of stalking from possessing a firearm.
According to Everytown for Gun Safety, in nearly 9 out of 10 cases of attempted murders
of women, there had been at least one stalking incident in the year prior to the attempted
murder.
• Create a standalone felony offense of strangulation. Strangulation is a key predictor of
future domestic violence turning deadly; creating a standalone offense would make it easier
to hold individuals who engage in this conduct accountable and prevent the worst
outcomes. This change would also bring the District in line with the 49 other states that
allow strangulation to be prosecuted as a felony.
• Allow for testing of defendants charged with sexual assault for HIV in order to provide
victims with information about their attacker’s HIV status more quickly. This would allow
victims to make informed decisions about their health care. In cases where the defendant
is HIV-negative, it would allow victims to avoid weeks of post-exposure medication, which
can cause severe side effects. Testing of this kind currently may only occur after conviction,
which will always be too late to allow victims to make informed decisions about their
health care.
• Create new evidentiary rules to give courts discretion to admit evidence of previous similar
crimes in sexual abuse and child sexual abuse cases. Similar evidentiary rules in California
helped bring Harvey Weinstein to justice following decades of sexual abuse allegations.
• Establish progressive sentencing for serial misdemeanor sex offenders. Right now,
individuals who repeatedly engage in misdemeanor sexual abuse are generally only subject
to a maximum of 180 days’ imprisonment, no matter how many times they re-offend. This
change would increase the maximum sentence to 3 years for individuals with one or more
prior convictions for misdemeanor sexual abuse within the past 10 years. It would also
allow these individuals to be detained pretrial, offering greater security and peace to
victims and community members.
• Close a loophole in the prohibition on non-consensual dissemination of sexual
images. As it stands, the law requires prosecutors to prove that there was an “agreement
or understanding” that the sexual image would not be disclosed. Because it is difficult to
prove that such an agreement existed, this language has hampered prosecution of these
cases. This proposal would put the focus instead on the defendant’s mental state and the
lack of consent in the distribution of the image.
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Improve protections for children:
• Direct courts to expedite cases involving a child victim. Currently, the law only expedites
cases where a child is called to give testimony; this would expand that to cases where a
child is a victim, even where the child doesn’t testify. It would also allow courts to expedite
sentencing hearings. These changes would help to minimize the length of time child
victims are exposed to the criminal justice process.
• Create enhanced penalties for domestic violence crimes committed in the presence of a
child. This change recognizes the well-documented and significant harm that witnessing
violence has on children.
• Create additional protections for 12-year-old victims of sexual abuse. Under current law,
individuals found guilty of a sex offense are subject to increased penalties if the victim is
under 12 years old. This change recognizes the youthful nature of 12-year-olds and extends
those protections to them. The change would also improve consistency with other statutes
that draw a line between 12- and 13-year-olds.
• Extend liability for certain sexual offenses to contractors of organizations. Currently, the
law applies to both employees and volunteers, but not contractors; there is no obvious
reason to exclude contractors from liability.
These are common-sense proposals that draw on the expertise of prosecutors who are intimately
familiar with how our criminal code functions in practice and therefore understand the gaps in our
criminal laws.
Should you have any questions about this legislation, please contact Michael Porcello, Committee
Director for the Committee on the Judiciary and Public Safety, at mporcello@dccouncil.gov.
Thank you,
Brooke Pinto 1
______________________________ ______________________________ 1
Councilmember Zachary Parker Councilmember Brooke Pinto 2
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4
______________________________ 5
Councilmember Anita Bonds 6
7
A BILL 8
____________ 9
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 10
____________________ 11
To amend Title 23 of the District of Columbia Official Code to enhance the criminal statute of 12
limitations for serious crimes, including sexual offenses and murder, to add strangulation 13
and progressive misdemeanor sexual abuse to the crime of violence definition, to clarify 14
that GPS records from the Pretrial Services Agency are admissible in court, to give courts 15
discretion to make a misdemeanor arrest warrant extraditable, to create additional 16
protections for 12-year-old victims of sexual abuse, to clarify the authority of law 17
enforcement officers to conduct certain arrests, and to make conforming changes to ensure 18
the rights of child crime victims; to amend An Act To control the possession, sale, transfer 19
and use of pistols and other dangerous weapons in the District of Columbia, to provide 20
penalties, to prescribe rules of evidence, and for other purposes to prohibit firearms 21
possession for people convicted of stalking; to amend An Act To establish a code of law 22
for the District of Columbia to create a felony offense of strangulation; to amend the Anti-23
Sexual Abuse Act of 1994 to create local analogues to federal rules of evidence in sexual 24
abuse prosecutions, to clarify the definition of “significant relationship” in sexual abuse 25
cases, and to create progressive sentencing for misdemeanor sexual abuse and 26
misdemeanor sexual abuse of a child or minor; to amend the HIV Testing of Certain 27
Criminal Offenders Act of 1995 to allow victims access to HIV information following 28
potential HIV exposure; to amend the Omnibus Public Safety Amendment Act of 2006 to 29
create enhanced penalties for intrafamily violence that is witnessed by a child; to amend 30
the Criminalization of Non-Consensual Pornography Act of 2014 to make clarifying 31
changes to the offenses of unlawful disclosure and unlawful publication; to amend the 32
District of Columbia Theft and White Collar Crimes Act of 1982 to add a sentencing 33
enhancement for certain assaults against senior citizens; and to amend Titles 14, 23, and 4 34
of the District of Columbia Official Code to make conforming amendments to recent 35
legislation; 36
37
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 38
act may be cited as the “Accountability and Victim Protection Amendment Act of 2023”. 39 2
TITLE I. ENHANCEMENT TO CRIMINAL STATUTE OF LIMITATIONS. 40
Sec. 101. Section 23-113 of the District of Columbia Official Code is amended as 41
follows: 42
(a) Subsection (a)(1) is amended to read as follows: 43
“(1) A prosecution for the following crimes and any offense that is properly 44
joinable with any of the following crimes may be commenced at any time:”. 45
(b) Subsection (a)(1)(T) is amended by striking the phrase “; and” and inserting a 46
semicolon in its place. 47
(c) Subsection (a)(1)(U) is amended by striking the period and inserting the phrase “; 48
and” in its place. 49
(d) A new subsection (a)(1)(V) is added to read as follows: 50
“(V) attempt, conspiracy, solicitation, or assault with intent to commit an 51
offense listed in this subsection.”. 52
TITLE II. PROHIBITION ON FIREARMS POSSESSION AFTER STALKING 53
CONVICTION. 54
Sec. 201. Section 3 of An Act To control the possession, sale, transfer and use of pistols 55
and other dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules 56
of evidence, and for other purposes, approved July 8, 1932 (47 Stat. 650; D.C. Official Code 57
§ 22-4503) is amended as follows: 58
(a) Subsection (a)(5)(C) is amended by striking the semicolon and inserting the phrase “; 59
or” in its place. 60
(b) Subsection (a)(6) is amended to read as follows: 61
“(6) Has been convicted within the past 5 years of: 62 3
“(A) An intrafamily offense, as defined in D.C. Official Code § 16-63
1001(8), punishable as a misdemeanor, or any similar provision in the law of another 64
jurisdiction; or 65
“(B) Stalking or attempted stalking, pursuant to Chapter 31A of Title 22 of 66
the D.C. Code, punishable as a misdemeanor, or any similar provision in the law of another 67
jurisdiction.”. 68
TITLE III. ANALOGUES TO FEDERAL EVIDENTIARY RULES IN SEXUAL 69
ABUSE PROSECUTIONS. 70
Sec. 301. The Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-71
257; D.C. Official Code § 22-3001 et seq.), is amended as follows: 72
(a) A new section 305 is added to read as follows: 73
“Sec. 305. Similar crimes in sexual abuse cases. 74
“(a) In a criminal case in which a defendant is accused of sexual abuse, the court may 75
admit evidence that the defendant committed any other similar sexual abuse, where the court 76
finds by clear and convincing evidence that the defendant committed the other similar sexual 77
abuse. The evidence may be considered on any matter to which it is relevant. 78
“(b) If the prosecutor intends to offer this evidence, the prosecutor must disclose it to the 79
defendant, including witnesses’ statements or a summary of the expected testimony. The 80
prosecutor must do so at least 15 days before trial or at a later time that the court allows for good 81
cause. 82
“(c). This section does not limit the admission or consideration of evidence under any 83
other statute, rule, or evidentiary principle. 84
“(d) For the purposes of this section, the term “sexual abuse” means: 85 4
“(1) A violation of: 86
“(A) D.C. Official Code § 22-3002. First degree sexual abuse; 87
“(B) D.C. Official Code § 22-3003. Second degree sexual abuse; 88
“(C) D.C. Official Code § 22-3004. Third degree sexual abuse; 89
“(D) D.C. Official Code § 22-3005. Fourth degree sexual abuse; 90
“(E) D.C. Official Code § 22-3006. Misdemeanor sexual abuse; 91
“(F) D.C. Official Code § 22-3013. First degree sexual abuse of a ward, 92
patient, client, or prisoner; 93
“(G) D.C. Official Code § 22-3014. Second degree sexual abuse of a ward, 94
patient, client, or prisoner; 95
“(H) D.C. Official Code § 22-3015. First degree sexual abuse of a patient 96
or client; or 97
“(I) D.C. Official Code § 22-3016. Second degree sexual abuse of a 98
patient or client; or 99
“(2) An attempt, assault with intent to commit, solicitation, or conspiracy to 100
commit an offense enumerated in subsection (d)(1) of this section; or 101
“(3) Conduct that, if committed in the District of Columbia, would constitute a 102
violation of an offense enumerated in subsection (d), or conduct that is substantially similar to 103
that prosecuted as an offense enumerated in subsection (d). 104
“(e) The court may exclude relevant evidence if its probative value is substantially 105
outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, 106
misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.”. 107
(b) A new section 306 is added to read as follows: 108 5
“Sec. 306. Similar crimes in child sexual abuse cases. 109
“(a) In a criminal case in which a defendant is accused of child sexual abuse, the court 110
may admit evidence that the defendant committed any other child sexual abuse, where the court 111
finds by clear and convincing evidence that the defendant committed the other child sexual 112
abuse. The evidence may be considered on any matter to which it is relevant. 113
“(b) If the prosecutor intends to offer this evidence, the prosecutor must disclose it to the 114
defendant, including witnesses’ statements or a summary of the expected testimony. The 115
prosecutor must do so at least 15 days before trial or at a later time that the court allows for good 116
cause. 117
“(c) This section does not limit the admission or consideration of evidence under any 118
other statute, rule, or evidentiary principle. 119
“(d) For the purposes of this section, the term “child sexual abuse” means: 120
“(1)(A) A violation of: 121
“(i) D.C. Official Code § 22-3008. First degree child sexual abuse; 122
“(ii) D.C. Official Code § 22-3009. Second degree child sexual 123
abuse; 124
“(iii) D.C. Official Code § 22-3009.01. First degree sexual abuse 125
of a minor; 126
“(iv) D.C. Official Code § 22-3009.02. Second degree sexual 127
abuse of a minor; 128
“(v) D.C. Official Code § 22-3009.03. First degree sexual abuse of 129
a secondary education student; 130 6
“(vi) D.C. Official Code § 22-3009.04. Second degree sexual 131
abuse of a secondary education student; 132
“(vii) D.C. Official Code § 22-3010. Enticing a child or minor; 133
“(viii) D.C. Official Code § 22-3010.01. Misdemeanor sexual 134
abuse of a child or minor; or 135
“(ix) D.C. Official Code § 22-3010.02. Arranging for a sexual 136
contact with a real or fictitious child; and 137
“(B) Either: 138
“(i) The victim is a person who has not yet attained the age of 16 139
years old; 140
“(ii) The offense involves a defendant who is in a significant 141
relationship with the victim, as defined in D.C. Official Code § 22-3001(10), and the victim is a 142
person who has not yet attained the age of 18 years old; or 143
“(iii) The offense involves a secondary education student, and the 144
victim is a person who has not yet attained the age of 20 years old; or 145
“(2) An attempt, assault with intent to commit, solicitation, or conspiracy to 146
commit an offense enumerated in subsection (d)(1); or 147
“(3) Conduct that, if committed in the District of Columbia, would constitute a 148
violation of an offense enumerated in subsection (d), or conduct that is substantially similar to 149
that prosecuted as an offense enumerated in subsection (d). 150
“(e) The court may exclude relevant evidence if its probative value is substantially 151
outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, 152
misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.”. 153 7
TITLE IV. ACCESS TO HIV INFORMATION FOR CRIME VICTIMS. 154
Sec. 401. The HIV Testing of Certain Criminal Offenders Act of 1995, effective 155
November 11, 1995 (D.C. Law 11-74; D.C. Official Code § 22-3901 et seq.), is amended as 156
follows: 157
(a) Section 2 (D.C. Official Code § 22-3901) is amended as follows: 158
(1) Paragraph (1) is redesignated as paragraph (2). 159
(2) A new paragraph (1) is added to read as follows: 160
“(1) “Charged” means having been charged by information, complaint, or 161
indictment.”. 162
(3) Paragraph (2) is redesignated as paragraph (3). 163
(4) Paragraph (3) is redesignated as paragraph (4). 164
(5) Paragraph (4) is redesignated as paragraph (5). 165
(6) Paragraph (5) is amended to read as follows: 166
“(5) “Offense” means: 167
“(A) Any prohibited activity involving a sexual act that includes contact 168
between the penis and the vulva or the penis and the anus, however slight, or contact between the 169
mouth and the penis, the mouth and the vulva, or the mouth and the anus; or 170
“(B) Any criminal offense that, due to the manner of the commission of 171
the offense, involves a reasonable possibility of transmission of HIV.”. 172
(7) Paragraph (5) is redesignated as paragraph (6). 173
(8) Paragraph (6) is amended by striking the word “injured” and inserting the 174
phrase “injured or alleged to have been injured” in its place. 175
(b) Section 3 (D.C. Official Code § 22-3902) is amended as follows: 176 8
(1) Subsection (a) is amended to read as follows: 177
“(a) Upon the request of a victim or the prosecutor, the court shall order any individual 178
charged with or convicted of an offense, as defined by § 22-3901, to furnish a blood sample to be 179
tested for the presence of HIV. If the individual has been charged with, but not yet convicted, of 180
an offense, the individual shall only be required to furnish a blood sample if an initial probable 181
cause determination has been made by a judicial officer.”. 182
(2) Subsection (b) is amended by striking the word “convicted” and inserting the 183
phrase “charged or convicted” in its place. 184
(3) Subsection (c) is amended to read as follows: 185
“(c) After conducting the HIV test, the Mayor or the prosecutor shall promptly notify the 186
victim and the charged or convicted individual of the results of the HIV test. The Mayor or the 187
prosecutor shall not disclose the results of the HIV test without also providing, offering, or 188
arranging for appropriate counselling and referral for appropriate health care and support 189
services to the victim and the charged or convicted individual.”. 190
(4) New subsections (f) and (g) are added to read as follows: 191
“(f) If the Mayor or prosecutor has independent information regarding the HIV status of 192
the charged or convicted individual, the Mayor or prosecutor shall not be precluded from 193
disclosing that information to the victim, consistent with the provisions of subsection (d). 194
“(g) Where a victim provides oral or written notice to the Court or prosecutor of the 195
victim’s desire not to be provided the results of testing undertaken pursuant to this section or 196
otherwise made aware of their status, neither the Court nor the prosecutor shall furnish such 197
information to the victim.” 198 9
(c) Section 4(b) (District of Columbia Official Code § 22-3903(b)) is amended by 199
striking the word “convicted” and inserting the phrase “charged or convicted” in its place. 200
Sec. 402. Section 6 of the AIDS Health-Care Response Act of 1986, effective June 10, 201
1986 (D.C. Law 6-121; D.C. Official Code § 7-1605), is amended to read as follows: 202
“The Director shall use the records incident to a case of HIV infection or AIDS reported 203
under this subchapter for statistical and public-health purposes only. Identifying information 204
contained in these records, as well as all identifying information obtained, collected, or created 205
by the Department of Health (“Department”) incident to a case of HIV infection or AIDS 206
reported under this subchapter shall be disclosed by the Director only when essential to 207
safeguard the physical health of others. No person shall otherwise disclose such identifying 208
information collected pursuant to this subchapter unless the person about whom the information 209
pertains gives his or her prior written permission except as authorized under D.C. Official Code 210
§ 22-3902. All identifying information obtained, collected, or created by the Department incident 211
to a case of HIV infection or AIDS reported under this subchapter shall not be discoverable or 212
admissible as evidence in a civil or criminal action unless the person about whom the 213
information pertains gives his or her prior written permission. Nothing in this subsection should 214
be construed to create any additional limit on the disclosure, discoverability, or admissibility of 215
HIV or AIDS records reported under this subchapter where those records were obtained by the 216
Department other than for statistical or public-health purposes.”. 217
TITLE V. CLARIFICATION TO SIGNIFICANT RELATIONSHIP DEFINITION. 218
Sec. 501. Section 101(10)(D) of the Anti-Sexual Abuse Act of 1994, effective May 23, 219
1995 (D.C. Law 10-257; D.C. Official Code § 22-3001(10)(D)), is amended by striking the 220 10
phrase “employee or volunteer” and inserting the phrase “employee, contractor, or volunteer” in 221
its place. 222
TITLE VI. CLARIFICATION TO ADMISSIBILITY OF PRETRIAL GPS RECORDS. 223
Sec. 601. District of Columbia Official Code § 23-1303(d) is amended to read as follows: 224
“(d) Any information contained in the agency’s files, presented in its report, or divulged 225
during the course of any hearing shall not be admissible on the issue of guilt in any judicial 226
proceeding, but such information may be used in proceedings under sections 23-1327, 23-1328, 227
and 23-1329, in perjury proceedings, and for the purposes of impeachment in any subsequent 228
proceeding. Any information obtained from a detection device, as that term is defined in D.C. 229
Official Code § 22-1211(a)(2), shall be admissible on the issue of guilt in any judicial 230
proceeding.”. 231
TITLE VII. JUDICIAL DISCRETION FOR EXTRADITION OF MISDEMEANOR 232
ARREST WARRANT S. 233
Sec. 701. District of Columbia Official Code § 23-563(b) is amended to read as follows: 234
“(b)(1) A warrant or summons issued by the Superior Court of the District of Columbia 235
for an offense punishable by imprisonment for not more than one year, or by a fine only, or by 236
such imprisonment and a fine: 237
“(A)(i) May be served in any place in the District of Columbia; or 238
“(ii) May be served at any place within the jurisdiction of the 239
United States, if a judicial officer of the Superior Court of the District of Columbia finds that 240
good cause exists for the warrant or summons to be served at any place within the jurisdiction of 241
the United States; and 242
“(B) May not be executed more than one year after the date of issuance. 243 11
“(2) Good cause for the warrant or summons to be served at any place within the 244
jurisdiction of the United States is presumed where the warrant or summons is for an intrafamily 245
offense, as defined in D.C. Code § 16-1001(8), or where the warrant or summons is for an 246
offense under Chapter 30 of Title 22 of the D.C. Code.”. 247
TITLE VIII. PROGRESSIVE SENTENCING FOR MISDEMEANOR SEXUAL 248
ABUSE. 249
Sec. 801. The Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-250
257; D.C. § 22-3001 et seq.), is amended as follows: 251
(a) Section 205 (D.C. Official Code § 22-3006) is amended as follows: 252
(1) The existing text is designated as subsection (a). 253
(2) New subsections (b) and (c) are added to read as follows: 254
“(b) A person convicted of misdemeanor sexual abuse who has 1 or more prior 255
convictions for misdemeanor sexual abuse shall be fined not more than the amount set forth in § 256
22-3571.01, or imprisoned for not more than 3 years, or both. 257
“(c) For the purposes of this section, a person shall be considered as having prior 258
convictions for misdemeanor sexual abuse if that person has been previously convicted of a 259
violation of: 260
“(1) D.C Official Code § 22-3006; or 261
“(2) A crime under the laws of any other jurisdiction that involved conduct that 262
would, if committed in the District of Columbia, constitute a violation of § 22-3006, or conduct 263
that is substantially similar to conduct prosecuted under § 22-3006.”. 264
(b) Section 209a (D.C. Official Code § 22-3010.01) is amended as follows: 265
(1) Subsection (b) is amended to read as follows: 266 12
“(b) A person convicted of misdemeanor sexual abuse of a child or minor who has prior 267
convictions for misdemeanor sexual abuse of a child or minor shall be fined not more than the 268
amount set forth in § 22-3571.01, or imprisoned for not more than 3 years, or both. 269
(2) A new subsection (c) is added to read as follows: 270
“(c) For the purposes of this section: 271
“(1) The term “sexually suggestive conduct” means engaging in any of the 272
following acts in a way which is intended to cause or reasonably causes the sexual arousal or 273
sexual gratification of any person: 274
“(A) Touching a child or minor inside his or her clothing; 275
“(B) Touching a child or minor inside or outside his or her clothing close 276
to the genitalia, anus, breast, or buttocks; 277
“(C) Placing one’s tongue in the mouth of the child or minor; or 278
“(D) Touching one’s own genitalia or that of a third person. 279
“(2) A person shall be considered as having prior convictions for misdemeanor 280
sexual abuse of a child or minor if that person has been convicted within the past 10 years of a 281
violation of: 282
“(1) This section; or 283
“(2) A crime under the laws of any other jurisdiction that involved conduct 284
that would, if committed in the District of Columbia, constitute a violation of this section, or 285
conduct that is substantially similar to conduct prosecuted under this section.”. 286
TITLE IX. CONFORMING AMENDMENTS TO THE EXPANDING SUPPORTS FOR 287
CRIME VICTIMS AMENDMENT ACT. 288
Sec. 901. District of Columbia Official Code § 14-307(d) is amended as follows: 289 13
(1) Paragraph (1) is amended by striking the phrase “court shall” and inserting the 290
phrase “court shall, unless there are exceptional circumstances” in its place. 291
(2) Paragraph (2) is amended by striking the phrase “confidential information” 292
and inserting the phrase “confidential information of a victim” in its place. 293
(2) A new paragraph (3) is added to read as follows: 294
“(3) This subsection shall only apply after a complaint, indictment, or information 295
has been filed.”. 296
Sec. 902. District of Columbia Official Code § 23-1912(a) is amended by striking the 297
phrase “subject to a custodial arrest” and inserting the phrase “subject to a subsequent custodial 298
arrest” in its place. 299
Sec. 903. Section 7 of the Victims of Violent Crime Compensation Act of 1996, effective 300
April 9, 1997 (D.C. Law 11-243; D.C. Official Code § 4-506), is amended as follows: 301
(a) Subsection (a)(1)(C) is amended as follows: 302
(1) Strike the word “resolution” and insert the phrase “filing or resolution” in its 303
place; and 304
(2) Strike the phrase “; or” and insert a semicolon in its place. 305
(b) Subsection (a)(1)(D) is amended as follows: 306
(1) Strike the word “resolution” and insert the phrase “filing or resolution” in its 307
place; and 308
(2) Strike the phrase “; and” and insert the phrase “; or” in its place. 309
(c) A new subsection (a)(1)(E) is added to read as follows: 310
“(E) The filing or resolution of any other post-conviction motion in which 311
the claimant was a victim or secondary victim; and”. 312 14
TITLE X. CONFORMING AMENDMENTS TO THE RIGHTS OF CHILD CRIME 313
VICTIMS. 314
Sec. 1001. District of Columbia Official Code § 23-1903(d) is amended as follows: 315
(1) Strike the phrase “child is called to give testimony” and insert the phrase 316
“child is a victim or is called to give testimony” in its place; and 317
(2) Strike the phrase “granting a continuance in cases involving a child witness” 318
and insert the phrase “granting a continuance in cases involving a child victim or child witness” 319
in its place. 320
TITLE XI. ADDITIONAL PROTECTIONS FOR 12-YEAR-OLD VICTIMS OF 321
SEXUAL ABUSE. 322
Sec. 1101. Section 219(a)(1) of the Anti-Sexual Abuse Act of 1994, effective May 23, 323
1995 (D.C. Law 10-257; D.C. Official Code § 22-3020 (a)(1)) is amended by striking the phrase 324
“12 years” and inserting the phrase “13 years” in its place. 325
Sec. 1102. Section 2(6)(B) of the Sex Offender Registration Act of 1999, effective July 326
11, 2000 (D.C. Law 13-137; D.C. Official Code § 22-4001(6)(B)) is amended by striking the 327
phrase “12 years” each time it appears and inserting the phrase “13 years” in its place. 328
TITLE XII. ENHANCED PENALTIES FOR VIOLENCE WITNESSED BY A CHILD. 329
Sec. 1201. The Omnibus Public Safety Amendment Act of 2006, effective April 24, 2007 330
(D.C. Law 16-306; D.C. Official Code § 22-951 et seq.), is amended by adding a new section 331
102a to read as follows: 332
“Sec. 102a. Enhanced penalty for committing intrafamily offense or crime of violence in 333
the presence of a child. 334 15
“(a) Any adult, being at least 4 years older than a child, who commits an intrafamily 335
offense or crime of violence may be punished by a fine of up to 1 1/2 times the maximum fine 336
otherwise authorized for the offense and may be imprisoned for a term of up to 1 1/2 times the 337
maximum term of imprisonment otherwise authorized for the offense, or both, where either the 338
adult committed the offense in the presence of a child or a child witnessed the offense. 339
“(b) It is an affirmative defense that the accused reasonably believed that the child was 340
not present at the time of the offense and that the child would not be able to witness the offense. 341
This defense shall be established by a preponderance of the evidence. 342
“(c) This enhancement shall not apply when either: 343
“(1) The child is the victim of the charged intrafamily offense; or 344
“(2) The child is under 2 years of age. 345
“(d) For the purposes of this section, the term: 346
“(1) “Adult” means a person 18 years of age or older at the time of the offense. 347
“(2) “Child” means a person under 16 years of age at the time of the offense. 348
“(3) “Crime of violence” shall have the same meaning as provided in D.C. 349
Official Code § 23-1331(4). 350
“(4) “Intrafamily offense” shall have the same meaning as provided in D.C. 351
Official Code § 16-1001(8).”. 352
TITLE XIII. FELONY STRANGULATION. 353
Sec. 1301. An Act To establish a code of law for the District of Columbia, approved 354
March 3, 1901 (31 Stat. 1189; D.C. Official Code passim), is amended by adding a new section 355
806d to read as follows: 356
“Sec. 806d. Strangulation. 357 16
“(a) A person commits the offense of strangulation if that person knowingly, 358
intentionally, or recklessly restricts the normal circulation of the blood or breathing of another 359
person, either by applying pressure on the throat, neck, or chest of another person, or by blocking 360
the nose or mouth of another person. 361
“(b) Except for as provided in subsection (c), a person convicted of strangulation shall be 362
fined not more than the amount set forth in section 101 of the Criminal Fine Proportionality 363
Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-364
3571.01), or be imprisoned for not more than 5 years, or both. 365
“(c) A person convicted of strangulation may be punished by a fine of up to 1 ½ times the 366
maximum fine otherwise authorized for this offense and may be imprisoned for a term of up to 1 367
½ times the maximum term of imprisonment otherwise authorized for this offense, or both, if: 368
“(1) The victim sustained serious bodily injury, as that term is defined in D.C. 369
Official Code § 22-3001(10), as a result of the offense; 370
“(2) The person was, at the time of the offense, subject to a court, parole, or 371
supervised release requirement that the person stay away from, or have no contact with, the 372
victim of the strangulation; or 373
“(3) The person was, within 5 years of commission of the strangulation offense, 374
convicted of either an intrafamily offense, as defined in D.C. Official Code § 16-1001(8), or a 375
similar offense in the law of another jurisdiction.”. 376
TITLE XIV. NON-CONSENSUAL PORNOG RAPHY. 377
Sec. 1401. The Criminalization of Non-Consensual Pornography Act of 2014, effective 378
May 7, 2015 (D.C. Law 20-275; D.C. Official Code § 22-3051 et seq.), is amended as follows: 379
(a) Section 3(a)(2) (D.C. Official Code § 22-3052(a)(2)) is amended to read as follows: 380 17
“(2) The person disclosing the sexual image knew or consciously disregarded a 381
substantial risk that the person depicted did not consent to the disclosure; and”. 382
(b) Section 4(a) (D.C. Official Code § 22-3053(a)) is amended as follows: 383
(1) The lead-in language is amended by striking the phrase “identifiable person, 384
when” and inserting the phrase “identifiable person, whether obtained directly from the person or 385
from a third party or other source, when” in its place. 386
(2) Paragraph (1) is amended by striking the phrase “disclosure or”. 387
(3) Paragraph (2) is amended to read as follows: 388
“(2) The person publishing the sexual image knew or consciously disregarded a 389
substantial risk that the person depicted did not consent to the publication; and”. 390
(c) Section 5(a) (D.C. Official Code § 22-3054(a)) is amended as follows: 391
(1) Paragraph (1) is amended by striking the phrase “disclosure or”. 392
(2) Paragraph (2) is amended to read as follows: 393
“(2) The person publishing the sexual image knew or consciously disregarded a 394
substantial risk that the sexual image was obtained as a result of a previous disclosure or 395
publication of the sexual image made with an intent to harm the person depicted or to receive 396
financial gain.”. 397
TITLE XV. ENHANCED PENALTIES FOR ASSAULTS AGAINST SENIOR 398
CITIZENS. 399
Sec. 1501. Section 201(b) of the District of Columbia Theft and White Collar Crimes Act 400
of 1982, effective December 1, 1982 (D.C. Law 4-164; D.C. Official Code § 22-3206(b)) is 401
amended by striking the word “burglary,” and inserting the phrase “assault with significant 402
bodily injury, burglary,” in its place. 403 18
TITLE XVI. LAW ENFORCEMENT ARREST AUTHORITY TECHNICAL 404
AMENDMENTS . 405
Sec. 1601. Section 23-581(a)(3) of the District of Columbia Official Code is amended as 406
follows: 407
(1) Strike the phrase “Fleeing from the scene of an accident” and insert the phrase 408
“Leaving after colliding” in its place. 409
(2) Strike the phrase “section 10(a) (D.C. Official Code § 50-2201.05(a))” and 410
insert the phrase “section 10c (D.C. Official Code § 50-2201.05c)” in its place. 411
TITLE XVII. FISCAL IMPACT STATEMENT; EFFECTIVE DATE. 412
Sec. 1701. Fiscal impact statement. 413
The Council adopts the fiscal impact statement in the committee report as the fiscal 414
impact statement required by 4a of the General Legislative Procedures Act of 1975, approved 415
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 416
Sec. 1702. Effective date. 417
This act shall take effect following approval by the Mayor (or in the event of veto by the 418
Mayor, action by the Council to override the veto), a 60-day period of congressional review as 419
provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December 420
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)), and publication in the District of 421
Columbia Register. 422