District Of Columbia 2023 2023-2024 Regular Session

District Of Columbia Council Bill B25-0655 Introduced / Bill

Filed 01/04/2024

                     
 
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      Councilmember Trayon White, Sr. 2 
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A BILL 7 
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11 
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To amend Chapter 8 of Title 16 of the District of Columbia to permit sealing by motion for 16 
 certain criminal records. 17 
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 19 
act may be cited as the “ Fair Chance at Record Sealing  Amendment Act of 2024” 20 
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Sec 2. Title 16 of the District of Columbia Official Code is amended as follows:  22 
(a) Section 16-801 23 
(1) Subparagraph (6) is amended to read as follows: 24 
(A)  Strike the phrase “means any felony other than  failure to appear” and 25 
inserting the phrase  “means any felony that is not an ineligible felony.  26 
(2) Subsection (8) is amended to read as follows: 27 
 (A): Strike the phrase “means any other felony than a failure to appear 28 
(16-1327) [3-1327]” and replacing it with “any felony except an offense involving: 29 
 (a) n intrafamily offense; 30 
 (b) a sex crime, sexual abuse, or violation of the Sex Offender 31 
Registration Act; 32   
 
  (c) abuse of a vulnerable or protected adult, or abuse of authority 33 
to care for a vulnerable or protected adult; 34 
 (d) abuse, neglect, or any crime committed against a child by an 35 
adult.” 36 
(b) Section 16-803 is amended to read as follows: 37 
(2) Subsection (c)(1) is amended to read as follows: 38 
 (A) Strike the phrase “a waiting period of at least 8 years has elapsed since 39 
the completion of the movant’s sentence; and” and inserting the phrase “a waiting period 40 
of at least 2 years has elapsed since the completion of the movant’s sentence for a 41 
misdemeanor offense and at least 4 years has elapsed since the completion of the 42 
movant’s sentence for a felony offense, except that the waiting period for an eligible 43 
felony offense in Offense Severity Group 1, 2, or 3 of the Master Grid, developed by the 44 
District of Columbia Sentencing Commission, shall be 10 years after the completion of 45 
the movant’s sentence; and  46 
(d) A new section “(n)” is added to read as follows: 47 
 “(n) Notwithstanding any law or provision, the Court shall grant the 48 
request to seal the publicly available arrest and court proceedings of a movant who has: 49 
(1) attained 70 years of age 50 
(2) has not been subjected to arrest or prosecution for at least ten years 51 
from the termination of the case, and 52 
(3) does not have any pending criminal matters in any state or federal 53 
Court.”  54 
 Sec. 2. Fiscal impact statement. 55   
 
The Council adopts the fiscal impact statement in the committee report as the fiscal 56 
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 57 
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 58 
Sec. 3. Effective date. 59 
This act shall take effect following approval by the Mayor (or in the event of veto by the 60 
Mayor, action by the Council to override the veto), a 60-day period of congressional review as 61 
provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December 62 
24, 1973, (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)), and publication in the District of 63 
Columbia Register. 64