District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0460 Compare Versions

Only one version of the bill is available at this time.

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3	3	COUNCIL OF THE DISTRICT OF COLUMBIA
4	4	OFFICE OF COUNCILMEMBER BROOKE PINTO
5	5	THE JOHN A. WILSON BUILDING
6	6	1350 PENNSYLVANIA AVENUE, N.W., SUITE 106
7	7	WASHINGTON, D.C. 20004
8	8
9	9	September 18, 2023
10	10
11	11	Nyasha Smith, Secretary
12	12	Council of the District of Columbia
13	13	1350 Pennsylvania Avenue, N.W.
14	14	Washington, DC 20004
15	15
16	16	Dear Secretary Smith,
17	17
18	18	Today, I, along with Councilmembers Christina Henderson, Robert White, Charles Allen,
19	19	Vincent Gray, Matt Frumin, Janeese Lewis George, and Anita Bonds am introducing the
20	20	“Transgender and Gender-Diverse Mortality and Fatality Review Committee Establishment Act
21	21	of 2023.” Please find enclosed a signed copy of the legislation.
22	22
23	23	With the death of Jasmine “Star” Mack on January 7, 2023, the District marked a grim milestone:
24	24	the first transgender person in the country to be violently killed in 2023 lived and died in D.C.
25	25	1
26	26
27	27	Despite transgender and gender-diverse people only making up approximately 1.6 million of the
28	28	population
29	29	2
30	30	in the United States, mortality, fatality, and morbidity trends for this group compared
31	31	to cisgender people are disproportionately high.
32	32	3
33	33	Although data are limited, some studies suggest
34	34	that transgender people are “twice as likely to die as cisgender people” due to “heart disease, lung
35	35	cancer, HIV-related illness and suicide,” with trans women being “two times as likely to die”
36	36	compared to cis men and “three times as likely” compared to cis women.
37	37	4
38	38	Trans women in
39	39	particular are disproportionately vulnerable to the aforementioned risks, as well as to violence and
40	40	murder, with one in four trans women likely to be victimized by a hate-related crime.
41	41	5
42	42	Meanwhile,
43	43	trans women of color are even more overrepresented as victims of violence and murder.
44	44	6
45	45
46	46
47	47	1
48	48	Casey Parks and Jenna Portnoy, Transgender woman killed in in D.C. ‘just wanted a chance at life’, Washington
49	49	Post (Jan. 15, 2023), available here.
50	50	2
51	51	Williams Institute, Transgender People, available here. “Trans” covers any and all individuals whose gender identity
52	52	or expression differs from the sex/gender assigned at birth, irrespective of medical, hormonal, or surgical intervention.
53	53	“Mortality” here denotes death by natural or accidental causes; “fatality” denotes death by homicide or suicide. See
54	54	also LGBT Mortality Project, Resources, available here.
55	55	3
56	56	Cf. Sarah S. Jackson, et al. Analysis of Mortality Among Transgender and Gender Diverse Adults in England,
57	57	JAMA Netw Open (Jan. 3, 2023); 6(1):e2253687. doi: 10.1001/jamanetworkopen.2022.53687. PMID: 36716027;
58	58	PMCID: PMC9887492, available here.
59	59	4
60	60	Robert Hart, Transgender People Twice As Likely To Die As Cisgender People, Study Finds, Forbes (Sep. 2, 2021),
61	61	available here.
62	62	5
63	63	Cf. Williams Institute, Gender Identity Disparities in Criminal Victimization, National Crime Victimization Survey,
64	64	2017-2018, available here. Hannah Schoenbaum, Report says at least 32 transgender people were killed in the U.S.
65	65	in 2022, PBS News Hour (Nov. 16, 2022), available here.
66	66	6
67	67	Harvard Civil Rights-Civil Liberties Law Review, America’s War on Black Trans Women (Sep. 23, 2020), available
68	68	here; Faith Karimi, Deadly attacks on Black trans women are going up, advocacy group says, CNN (Jun. 13, 2021),
69	69
70	70
71	71	Transgender fatalities from violence have continued to rise in recent years, making the need for
72	72	policy intervention especially urgent.
73	73	7
74	74
75	75
76	76	All of this suggests that trans and gender-diverse people may face particular vulnerabilities that
77	77	cisgender people do not. There is thus an urgent need for more information about trans and
78	78	gender-diverse people’s lives and deaths, so that the District can properly support health
79	79	outcomes for this constituency.
80	80
81	81	To facilitate this important work, this legislation would establish a Transgender and Gender-
82	82	Diverse Mortality and Fatality Review Committee. This Committee would complement the
83	83	District’s existing mortality and fatality review committees administered by the Office of the Chief
84	84	Medical Examiner (“OCME”). The Transgender and Gender-Diverse Mortality and Fatality
85	85	Review Committee would consist of representatives from OCME and other relevant District
86	86	agencies; representatives from District hospitals, transgender and gender-diverse advocacy
87	87	organizations, housing organizations, healthcare providers, researchers from a college or
88	88	university within the District conducting research in this area, and social workers specializing in
89	89	transgender and gender-diverse issues. The Committee would be tasked with identifying and
90	90	characterizing the scope and nature of transgender mortalities and fatalities; recording trends;
91	91	conducting retrospective socioeconomic analyses; and working to develop policy
92	92	recommendations.
93	93
94	94	The establishment of this Committee will continue the District’s leading role in LGBTQIA+
95	95	advocacy and legislation. The Committee will be the first entity of its kind in the United States. It
96	96	will contribute important data and analysis and provide important resources for the National Center
97	97	for Fatality Review and Prevention and for transgender and gender-diverse people across the
98	98	country and inform future strategies and interventions to drive down the disparate outcomes we
99	99	are currently seeing with our transgender and gender-diverse residents.
100	100
101	101	Should you have any questions about this legislation, please contact Michael Porcello, Committee
102	102	Director for the Committee on the Judiciary and Public Safety, at mporcello@dccouncil.gov.
103	103
104	104	Thank you,
105	105
106	106
107	107	Brooke Pinto
108	108
109	109	available here; Trudy Ring, Here Are the 57 Trans Americans Killed in 2021, Advocate (May 5, 2022), available here;
110	110	Laken Brooks, 2021 Has Been A Deadly Year for Transgender People (Nov. 14, 2021), available here.
111	111	7
112	112	Human Rights Campaign, Fatal Violence Against the Transgender and Gender Non-Conforming Community in
113	113	2021, available here; Orion Rummler and Kate Sosin, 2021 is now the deadliest year on record for transgender
114	114	people, PBS News Hour (Nov. 18, 2021), available here. 1
115	115
116	116	___________________________ ______________________________ 1
117	117	Councilmember Robert C. White, Jr. Councilmember Brooke Pinto 2
118	118	3
119	119	4
120	120	___________________________ ______________________________ 5
121	121	Councilmember Anita Bonds Councilmember Christina Henderson 6
122	122	7
123	123	8
124	124	______________________________ ______________________________ 9
125	125	Councilmember Vincent C. Gray Councilmember Charles Allen 10
126	126	11
127	127	12
128	128	______________________________ ______________________________ 13
129	129	Councilmember Janeese Lewis George Councilmember Matthew Frumin 14
130	130	15
131	131	16
132	132	17
133	133	A BILL 18
134	134	__________ 19
135	135	20
136	136	21
137	137	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 22
138	138	23
139	139	24
140	140	__________________ 25
141	141	26
142	142	27
143	143	To establish a Transgender and Gender-Diverse Mortality and Fatality Review Committee within 28
144	144	the Office of the Chief Medical Examiner to determine the causes associated with 29
145	145	transgender and gender diverse mortalities and fatalities of District residents and those 30
146	146	that occur in the District, to identify and characterize the scope and nature of transgender 31
147	147	and gender-diverse mortalities and fatalities, to describe and record any trends, data, or 32
148	148	patterns that are observed surrounding transgender and gender-diverse mortalities and 33
149	149	fatalities, to create a strategic framework for improving transgender and gender-diverse 34
150	150	health outcomes for racial and ethnic minorities in the District, to recommend training to 35
151	151	improve the identification, investigation, and prevention of transgender and gender-36
152	152	diverse mortalities and fatalities, and to make publicly available an annual report of its 37
153	153	findings, recommendations, and steps taken to evaluate implementation of past 38
154	154	recommendations. 39
155	155	40
156	156	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 41
157	157	act may be cited as the “Transgender and Gender-Diverse Mortality and Fatality Review 42
158	158	Committee Establishment Amendment Act of 2023”. 43 2
159	159
160	160	Sec. 2. Definitions. 44
161	161	For purposes of this act, the term: 45
162	162	(1) “Cisgender” shall have the same meaning as provided in D.C. Official Code § 46
163	163	1-607.61(1). 47
164	164	(2) "Committee" means the Transgender and Gender-Diverse Mortality and 48
165	165	Fatality Review Committee. 49
166	166	(3) “Documentation memorializing transgender or gender-diverse status” means 50
167	167	documentation that memorialize a decedent’s gender transition, and may include: 51
168	168	(A) A written statement by the decedent self-identifying as transgender, 52
169	169	gender-diverse, or not cisgender; 53
170	170	(B) Documentation of a change to the decedent's gender marker on a 54
171	171	certificate of birth, driver's license or state identification card, social security record, or passport; 55
172	172	(C) A court order approving a name or gender change; or 56
173	173	(D) A statement, signed under the penalty of law, by a licensed healthcare 57
174	174	provider or licensed mental healthcare provider who treated or evaluated the decedent, stating 58
175	175	that the decedent underwent surgical, hormonal, or other treatment appropriate for the decedent 59
176	176	for the purpose of gender-affirming care, based on contemporary medical standards. 60
177	177	(4) "Gender-affirming care" shall have the same meaning as provided in section 61
178	178	102(12A) of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. 62
179	179	Official Code § 2-1401.02(12A)). 63
180	180	(5) “Gender-diverse” means a person whose gender identity or expression is at 64
181	181	odds with what is perceived as being the gender norm in a particular context at a particular point 65
182	182	in time, including those who do not place themselves in a gender or sex binary. This includes 66 3
183	183
184	184	non-binary individuals as defined in D.C. Official Code § 1-607.61(3) and individuals who 67
185	185	identify as not cisgender. 68
186	186	(6) “Gender identity or expression" shall have the same meaning as provided 69
187	187	in section 102(12A-i) of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 70
188	188	2-38; D.C. Official Code § 2-1401.02(12A)). 71
189	189	(7) "Personally identifiable information" shall have the same meaning as provided 72
190	190	in D.C. Official Code § 7-231.01(42) and shall also include documentation memorializing 73
191	191	transgender and gender-diverse status as defined in this chapter. 74
192	192	(5) “Transgender” shall have the same meaning as provided in D.C. Official Code § 75
193	193	1-607.61(4). 76
194	194	(6) “Transgender and gender-diverse fatality” means the death of a transgender, 77
195	195	gender-diverse, or not cisgender person by a homicide or suicide. 78
196	196	(7) “Transgender and gender-diverse mortality” means the death of a transgender, 79
197	197	gender-diverse, or not cisgender person by accident or nature. 80
198	198	Sec. 3. Establishment and duties. 81
199	199	(a) There is established a Transgender and Gender-Diverse Mortality and Fatality Review 82
200	200	Committee (“Committee”) within the Office of the Chief Medical Examiner (“OCME”). The 83
201	201	OCME shall provide facilities, staffing, and other administrative support for the Committee. 84
202	202	(b) The Committee shall evaluate transgender and gender-diverse mortalities and 85
203	203	fatalities, including associated factors: 86
204	204	(1) That occur in the District; and 87
205	205	(2) Of District residents, regardless of the place of death. 88
206	206	(c) The Committee’s duties shall include: 89 4
207	207
208	208	(1) Identifying and characterizing the scope and nature of transgender and gender-90
209	209	diverse mortalities and fatalities in the District and of District residents; 91
210	210	(2) Coordinating with other District mortality and fatality review entities to 92
211	211	minimize duplicate mortality and fatality case review; 93
212	212	(3) Describing and recording any trends, data, or patterns that are observed 94
213	213	surrounding transgender and gender-diverse mortalities and fatalities; 95
214	214	(4) Examining past events and circumstances surrounding transgender and 96
215	215	gender-diverse mortalities by reviewing records and other pertinent documents of public 97
216	216	agencies and private entities responsible for investigating transgender and gender-diverse 98
217	217	mortalities or treating transgender and gender-diverse persons; 99
218	218	(5) Performing retrospective review of socioeconomic determinant risk and 100
219	219	protective factors surrounding transgender and gender-diverse fatalities in the District; 101
220	220	(6) Developing and revising, as necessary, operating rules and procedures for 102
221	221	review of transgender and gender-diverse mortalities and fatalities, including identification of 103
222	222	cases to be reviewed, coordination among the agencies and professionals involved, and 104
223	223	improvement of the identification, data collection, and record keeping of the causes of 105
224	224	transgender and gender-diverse mortalities and fatalities; 106
225	225	(7) Recommending systemic improvements to promote improved and integrated 107
226	226	public and private systems serving transgender and gender-diverse people in the District, 108
227	227	including improved interagency coordination; 109
228	228	(8) Recommending systemic improvements to prevent and respond to transgender 110
229	229	and gender-diverse mortalities and fatalities; 111 5
230	230
231	231	(9) Recommending policies for improved access to employment, healthcare, 112
232	232	mental healthcare, housing, and educational programs for transgender and gender-diverse 113
233	233	residents; 114
234	234	(10) Creating a strategic framework for improving transgender and gender-diverse 115
235	235	health outcomes for racial and ethnic minorities in the District, including reducing disparities in 116
236	236	transgender morality and fatality rates for racial and ethnic minorities; 117
237	237	(11) Recommending training for providers who treat transgender and gender-118
238	238	diverse health patients to improve the identification, investigation, and prevention of transgender 119
239	239	and gender-diverse mortalities and, in the case of fatalities, recommending training to improve 120
240	240	the prevention of transgender and gender-diverse fatalities and to identify risk factors and 121
241	241	develop protective factors in the individual, family, and community response to violence. 122
242	242	(d)(1) By July 1 of each year, the Committee shall make publicly available and submit to 123
243	243	the Council and Mayor an annual report of its findings, recommendations, and steps taken to 124
244	244	evaluate the implementation of past recommendations, which includes the following 125
245	245	information: 126
246	246	(A) A description of the causes and contributing factors to the transgender 127
247	247	and gender-diverse mortalities and fatalities the Committee reviewed during the preceding 128
248	248	calendar year; 129
249	249	(B) A description of the state of transgender and gender-diverse health and 130
250	250	transgender and gender-diverse mortalities and fatalities in the District, including statistics and 131
251	251	causes of transgender and gender-diverse mortalities and fatalities; and 132 6
252	252
253	253	(C) Recommendations for systemic changes and legislation relating to the 133
254	254	delivery of transgender and gender-diverse health care in the District and the prevention of 134
255	255	transgender mortalities and fatalities. 135
256	256	(2) The annual report submitted pursuant to paragraph (1) of this subsection shall 136
257	257	not contain any personally identifiable information but may include aggregated data. 137
258	258	(3) If a recommendation in the annual report is directed at a particular subordinate 138
259	259	agency, the head of the subordinate agency shall respond in writing to the Committee within 30 139
260	260	days after the issuance of the annual report, describing the agency’s plans to address the 140
261	261	recommendation. 141
262	262	(4) The Chief Medical Examiner shall annually, no later than 60 days after the 142
263	263	annual report described in paragraph (1) of this subsection is made publicly available, convene a 143
264	264	symposium at which the Chief Medical Examiner shall present the report to the public, District 144
265	265	agencies implicated by the report's findings, the Deputy Mayors for Public Safety and Justice and 145
266	266	Health and Human Services, any relevant health or policy stakeholders, and the Committee's 146
267	267	representatives and members. 147
268	268	Sec. 4. Composition of the Committee; procedural requirements. 148
269	269	(a) The Mayor shall appoint one representative from each of the following District 149
270	270	agencies to serve on the Committee: 150
271	271	(1) The Office of the Chief Medical Examiner; 151
272	272	(2) The Department of Health; 152
273	273	(3) The Department of Behavioral Health; 153
274	274	(4) The Department of Health Care Finance; 154
275	275	(5) The Department of Human Services; and 155 7
276	276
277	277	(6) The Mayor’s Office of Lesbian, Gay, Bisexual, Transgender and Questioning 156
278	278	Affairs; and 157
279	279	(b) The Mayor shall additionally appoint the following members in accordance with 158
280	280	section 2(f) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. 159
281	281	Official Code §l-523.01(f): 160
282	282	(1) One representative from a hospital located in the District; 161
283	283	(2) One representative from a community organization specializing in 162
284	284	transgender and gender-diverse issues; 163
285	285	(3) One representative from a transgender and gender-diverse housing 164
286	286	organization; 165
287	287	(4) One representative from a transgender and gender-diverse healthcare 166
288	288	provider; 167
289	289	(5) One representative from a college or university within the District 168
290	290	conducting research in transgender and gender-diverse mortality trends or fatality prevention; 169
291	291	(6) One social worker specializing in transgender and gender-diverse issues or 170
292	292	clients; and 171
293	293	(d)(1) Members appointed pursuant to subsections (a) and (b) of this section shall serve at 172
294	294	the pleasure of the Mayor, or of the entity designating their availability for appointment. 173
295	295	(2) Members appointed pursuant to subsection (c) of this section shall serve a 3-174
296	296	year term and may be removed by the Mayor for cause. Vacancies in membership shall be filled 175
297	297	in the same manner in which the original appointment was made. 176
298	298	(e) The Committee shall select a Chairperson according to procedures set forth by the 177
299	299	Committee. 178 8
300	300
301	301	(f) The Committee shall establish quorum and other procedural requirements as it 179
302	302	considers necessary. 180
303	303	(g) No member appointed pursuant to subsection (c) of this section shall serve in a hold-181
304	304	over capacity for longer than 180 days after the expiration of the term to which they were 182
305	305	appointed. 183
306	306	(h) The Committee may invite other stakeholders to attend or present at any relevant 184
307	307	portion of a Committee meeting. 185
308	308	Sec. 5. Access to information. 186
309	309	(a) Notwithstanding any other provision of law, immediately upon the request of the 187
310	310	Committee and as necessary to carry out the Committee’s purpose and duties, the Committee 188
311	311	shall be provided, without cost and without authorization of the persons to whom the information 189
312	312	or records relate, access to: 190
313	313	(1) All information and records of: 191
314	314	(A) Any District of Columbia agency, or a District agency’s contractors, 192
315	315	including birth and death certificates, law enforcement investigation data, unexpurgated and 193
316	316	unsealed juvenile and adult criminal records, intellectual and developmental disabilities records, 194
317	317	medical examiner investigation data, autopsy reports, parole and probation information and 195
318	318	records, school records, and information records of social services, housing; and 196
319	319	(B) Health agencies that provided services to the transgender and gender-197
320	320	diverse decedent, or in the case of fatality, services provided to the decedent’s family, or an 198
321	321	alleged or suspected perpetrator of violence or abuse whose acts led to the decedent’s fatality; 199
322	322	(2) All information and records of any health-care provider, healthcare 200
323	323	facility, clinic, laboratory, or medical record department, including providers of mental health 201 9
324	324
325	325	services who provided services to the decedent, that receives information related to transgender 202
326	326	and gender-diverse mortalities. 203
327	327	(3) All information and records of any healthcare providers located in the 204
328	328	District, including providers of health and mental health services who provided services to the 205
329	329	decedent, the decedent’s family, or the alleged or suspected perpetrator whose acts led to the 206
330	330	decedent’s death; 207
331	331	(4) All information and records of any public or private child welfare 208
332	332	agency, educational facility or institution, or childcare provider doing business in the District 209
333	333	who provided services to the decedent, the decedent’s family, or the alleged or suspected 210
334	334	perpetrator whose acts led to the decedent’s death; 211
335	335	(5) Information made confidential by § 4-1302.03 or § 4-1303.06, § 7-212
336	336	231.24(n), § 7-1203.02, § 7-1305.12, §§ 16-2331, 16-2332, 16-2333, and 16-2335, and § 31-213
337	337	3426. 214
338	338	(b) The Committee may seek information from entities and agencies outside the District 215
339	339	by any legal means available to it. 216
340	340	(c)(1) Notwithstanding subsection (a)(1) of this section, information and records 217
341	341	concerning a current law enforcement investigation may be withheld, at the discretion of the 218
342	342	investigating authority, if disclosure of the information would compromise a criminal 219
343	343	investigation or prosecution. 220
344	344	(2) If information or records are withheld under paragraph (1) of this subsection, a 221
345	345	report on the status of the investigation shall be submitted to the Committee every 3 months until 222
346	346	the earliest of the following events occurs: 223 10
347	347
348	348	(A) The investigation is concluded and the information or records are 224
349	349	provided to the Committee; or 225
350	350	(B) The investigating authority determines that providing the information 226
351	351	will no longer compromise the investigation and the information or records are provided to the 227
352	352	Committee. 228
353	353	(d)(1) All records and information obtained by the Committee pursuant to subsections 229
354	354	(a) and (b) of this section pertaining to a deceased victim or any other individual shall be 230
355	355	destroyed immediately following the preparation of the Committee's annual report. All additional 231
356	356	information concerning a review, except statistical data, shall be destroyed by the Committee one 232
357	357	year after publication of the Committee's annual report. 233
358	358	(2) The Committee may have access to personally identifiable information relating 234
359	359	to transgender fatalities and mortalities; provided, that the Committee shall not disclose 235
360	360	personally identifiable information. 236
361	361	(3) The Department of Health and the Committee may retain data on facilities 237
362	362	where transgender mortalities occur for analytical purposes. 238
363	363	(e)(1) The Department of Health shall establish a procedure to identify individuals who 239
364	364	are not cisgender when reviewing decedents and to communicate said individuals to OCME on a 240
365	365	routine basis. 241
366	366	(2) The Department of Health, OCME, and any other relevant agency must use 242
367	367	their respective procedures for identifying individuals who are transgender, gender-diverse, or 243
368	368	not cisgender when reviewing decedents and communicate information about said individuals to 244
369	369	the Committee. 245 11
370	370
371	371	(A)(1) If an agency does not have such procedures already in place, they 246
372	372	will be required to establish such a procedure in writing and make it available to the public 247
373	373	within 180 days after the effective date of the “Transgender and Gender-Diverse Mortality and 248
374	374	Fatality Review Act of 2023; 249
375	375	(2) The Mayor’s Office of Lesbian, Gay, Bisexual, Transgender and 250
376	376	Questioning Affairs shall provide support to agencies in developing these procedures. 251
377	377	Sec. 6. Subpoena power. 252
378	378	(a) When necessary for the discharge of its duties, the Committee may issue subpoenas to 253
379	379	compel witnesses to appear, testify, or produce books, papers, correspondence, memoranda, 254
380	380	documents, medical records, or other relevant records. 255
381	381	(b) Except as provided in subsection (c) of this section, subpoenas shall be served 256
382	382	personally upon the witness or the witness's designated agent, not fewer than 5 business days 257
383	383	before the date the witness must appear or the documents must be produced, by a special process 258
384	384	server, at least 18 years of age, engaged by the Committee. 259
385	385	(c) If, after a reasonable attempt, personal service on a witness or a witness's agent cannot 260
386	386	be effected, a special process server identified in subsection (b) of this section may serve a 261
387	387	subpoena by registered or certified mail not fewer than 8 business days before the date the 262
388	388	witness must appear, testify, or produce documents. 263
389	389	(d) If a witness who has been personally summoned neglects or refuses to obey the 264
390	390	subpoena issued pursuant to subsection (a) of this section, the Committee may report that fact to 265
391	391	the Superior Court of the District of Columbia, and the court may compel obedience to the 266
392	392	subpoena to the same extent as witnesses may be compelled to obey the subpoenas of the court. 267
393	393	Sec. 7. Confidentiality of information and proceedings. 268 12
394	394
395	395	(a) Except as provided in this section, information and records obtained or created by the 269
396	396	Committee are confidential and not subject to civil discovery or to disclosure pursuant to 270
397	397	subchapter II of Chapter 5 of Title 2. 271
398	398	(b) Information and records presented to the Committee for review shall not be immune 272
399	399	from subpoena, discovery, or prohibited from being introduced into evidence solely because they 273
400	400	were presented to or reviewed by the Committee if the information and records have been 274
401	401	obtained through other sources. 275
402	402	(c) Information required to be reported under §4-1321.02 or §4-1321.03, shall be 276
403	403	disclosed by the Committee to the Child and Family Services Agency. 277
404	404	(d) A person other than a Committee member who appears before or participates in the 278
405	405	Committee's review of fatalities shall sign a confidentiality agreement acknowledging that any 279
406	406	information provided to the Committee is confidential; provided, that any such confidentiality 280
407	407	agreement shall account for situations where disclosure is necessary for the person to comply 281
408	408	with a request for information from the Committee. 282
409	409	(e) Committee meetings shall be subject to subchapter IV of Chapter 5 of Title 2, except 283
410	410	that Committee meetings shall be closed when the Committee is discussing cases of individual 284
411	411	transgender fatalities and mortalities or where the identity of any person, other than a person who 285
412	412	has expressly consented to be identified, can be ascertained. 286
413	413	(f) In the case of fatality, information identifying a victim of a fatality or that victim’s 287
414	414	family members, or an alleged perpetrator of the fatality, shall not be disclosed in any report that 288
415	415	is available to the public. 289
416	416	(g) The Committee may disclose information to other entities when the Committee 290
417	417	determines that disclosure is necessary to carry out the Committee's purpose and duties. The 291 13
418	418
419	419	Committee may disclose Committee records to another District fatality or mortality review 292
420	420	committee or board at the request of the District fatality or mortality review committee or board, 293
421	421	if the other District fatality or mortality review committee or board is governed by confidentiality 294
422	422	that is substantially similar to the confidentiality by which the Committee is governed. 295
423	423	(h) This section shall not be construed to prohibit a person from: 296
424	424	(1) Disclosing information that the person obtained independently of the 297
425	425	Committee; or 298
426	426	(2) Disclosing information that is already public. 299
427	427	Sec. 8. Immunity from liability for providing information to the Committee. 300
428	428	(a) Any person, hospital, or institution participating in good faith in providing 301
429	429	information to the Committee pursuant to this chapter shall have immunity from administrative, 302
430	430	civil, or criminal liability that might otherwise be incurred or imposed with respect to the 303
431	431	disclosure of the information. In any such proceeding, there shall be a rebuttable presumption 304
432	432	that the person, hospital, or institution that provided information to the Committee acted in good 305
433	433	faith. 306
434	434	(b) If acting in good faith, without malice, and within the parameters of the operating 307
435	435	rules and procedures established by this chapter, members of the Committee are immune from 308
436	436	civil liability for an activity related to reviews of transgender mortalities and fatalities, as the 309
437	437	term is defined in §5-1431.01(e). 310
438	438	Sec. 9. Unlawful disclosure of information; penalties. 311
439	439	Whoever knowingly discloses, receives, makes use of, or permits the use of information 312
440	440	concerning a victim or person in violation of this chapter shall be subject to a civil fine of not 313 14
441	441
442	442	more than $1,000. Violations of this chapter shall be prosecuted by the Office of the Attorney 314
443	443	General or the Attorney General’s designee in the name of the District of Columbia. 315
444	444	Sec. 10. Rules. 316
445	445	The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to 317
446	446	implement the provisions of this chapter. 318
447	447	Sec. 11. Section 303(a) of the Prevention of Child Abuse and Neglect Act of 1977, 319
448	448	effective September 23, 1977 (D.C. Law 2-22; D.C. Official Code § 4-1302.03(a)), is amended 320
449	449	as follows: 321
450	450	(a) Paragraph (10) is amended by striking the phrase “; and” and inserting a semicolon in 322
451	451	its place. 323
452	452	(b) Paragraph (11) is amended by striking the period and inserting the phrase “; and” in 324
453	453	its place. 325
454	454	(c) A new paragraph (12) is added to read as follows: 326
455	455	“(12) The Transgender and Gender-Diverse Mortality and Fatality Review 327
456	456	Committee, for the purpose of examining past events and circumstances surrounding transgender 328
457	457	mortalities and fatalities, as that term is defined in section XX of the Transgender and Gender-329
458	458	Diverse Mortality and Fatality Review Committee Amendment Act of 2023, passed on 2
459	459	nd
460	460	330
461	461	reading on XXX, 2023 (Enrolled version of Bill XX-XXX). The Transgender and Gender-331
462	462	Diverse Mortality and Fatality Review Committee shall be granted, upon request, access to 332
463	463	information contained in the files maintained on any deceased child or on the parent, guardian, 333
464	464	custodian, kinship caregiver, day-to-day caregiver, relative/godparent, caregiver, or sibling of a 334
465	465	deceased child.”. 335 15
466	466
467	467	Sec. 12. Section 306(a) of the Prevention of Child Abuse and Neglect Act of 1977, 336
468	468	effective October 18, 1979 (D.C. Law 3-29; D.C. Official Code §4-1303.06(a)), is amended as 337
469	469	follows: 338
470	470	(a) Paragraph (5) is amended by striking the phrase “; or” and inserting a semicolon in its 339
471	471	place. 340
472	472	(b) Paragraph (6) is amended by striking the period and inserting a semicolon in its 341
473	473	place. 342
474	474	(c) Paragraph (7) is amended by striking the period and inserting “; or” in its place. 343
475	475	(d) A new paragraph (8) is added to read as follows: 344
476	476	“(8) The investigation or review of transgender and gender-diverse mortalities and 345
477	477	fatalities, as that term is defined in section XX of the Transgender and Gender-Diverse Mortality 346
478	478	and Fatality Review Committee Amendment Act of 2023, passed on 2
479	479	nd
480	480	reading on XX X, 2023 347
481	481	(Enrolled version of Bill XX-XXX).”. 348
482	482	Sec. 13. Title 16 of the District of Columbia Official Code is amended as follows: 349
483	483	(a) Section 16-311 is amended by striking the phrase “Child Fatality Review Committee 350
484	484	or the Violence Fatality Review Committee" and inserting the phrase “Child Fatality Review 351
485	485	Committee, Violence Fatality Review Committee, or Transgender and Gender-Diverse Mortality 352
486	486	and Fatality Review Committee” in its place. 353
487	487	(b) Section l6-2332(c)(g) is amended as follows: 354
488	488	(1) Subparagraph (D)(ii)(II) is amended by striking “; and” and inserting a 355
489	489	semicolon in its place. 356
490	490	(2) Subparagraph (E) is amended by striking the period and inserting “; and” in its 357
491	491	place. 358 16
492	492
493	493	(3) A new paragraph (F) is added to read as follows: 359
494	494	“(F) The Transgender and Gender-Diverse Mortality and Fatality Review 360
495	495	Committee for the purposes of examining past events and circumstances surrounding transgender 361
496	496	fatalities, as that term is defined in section XX of the Transgender and Gender-Diverse Mortality 362
497	497	and Fatality Review Committee Amendment Act of 2023, passed on 2
498	498	nd
499	499	reading of XX X, 2023 363
500	500	(Enrolled version of Bill XX-XXX), or for the discharge of its official duties.”. 364
501	501	(c) Section 16-23331(c) is amended as follows: 365
502	502	(1) Subparagraph (E) is amended by striking “; and” and inserting a semicolon in 366
503	503	its place. 367
504	504	(2) Subparagraph (F) is amended by striking “; and” and inserting a semicolon in 368
505	505	its place. 369
506	506	(3) A new subparagraph (G) is added to read as follows: 370
507	507	(G) The Transgender and Gender-Diverse Mortality and Fatality Review 371
508	508	Committee when necessary for the discharge of its official duties; and” 372
509	509	(d) Section 16-2335(d) is amended by striking the phrase “Child Fatality Review 373
510	510	Committee and the Violence Fatality Review Committee” and inserting the phrase “the Child 374
511	511	Fatality Review Committee, the Violence Fatality Review Committee, and the Transgender and 375
512	512	Gender-Diverse Mortality and Fatality Review Committee” in its place. 376
513	513	Sec. 6. Section 204(d)(3) of the Freedom of Information Act of 1976, effective March 29, 377
514	514	1977 (D.C. Law 1-96; D.C. Official Code § 2-534(d)), is amended as follows: 378
515	515	(a) Subparagraph (C) is amended by striking the phrase “; and” and inserting a 379
516	516	semicolon in its place. 380 17
517	517
518	518	(b) Subparagraph (D) is amended by striking the period and inserting “; and” in its 381
519	519	place. 382
520	520	(c) A new subparagraph (E) is added to read as follows: 383
521	521	“(E) The Transgender and Gender-Diverse Mortality and Fatality Review 384
522	522	Committee, established by section XX of the Transgender and Gender-Diverse Fatality Review 385
523	523	Committee Amendment Act of 2023, passed on 2
524	524	nd
525	525	reading of XX X, 2023 (Enrolled version of 386
526	526	Bill XX-XXX).”. 387
527	527	Sec. 7. Section 2(f) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 388
528	528	2-142; D.C, Official Code § 1-523.01(1)), is amended as follows: 389
529	529	(a) A new paragraph (72) is added to read as follows: 390
530	530	“(72) The Transgender and Gender-Diverse Mortality and Fatality Review 391
531	531	Committee, established by section 102(b) of the Fatality Review Committee Amendment Act of 392
532	532	2023, passed on 2
533	533	nd
534	534	reading on XX X, 2023 (Enrolled version of Bill XX-XXX).”. 393
535	535	Sec. 8. Fiscal impact statement. 394
536	536	The Council adopts the fiscal impact statement in the committee report as the fiscal 395
537	537	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 396
538	538	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 397
539	539	Sec. 9. Effective date. 398
540	540	This act shall take effect following approval by the Mayor (or in the event of veto by the 399
541	541	Mayor, action by Council to override the veto), a 30-day period of congressional review as 400
542	542	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 401
543	543	24, 1973 (87 Sat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 402
544	544	Columbia Register. 403 18
545	545
546	546	404
547	547	405