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| 3 | 3 | | _______________________________ 1 |
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| 4 | 4 | | Councilmember Trayon White, Sr. 2 |
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| 5 | 5 | | 3 |
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| 6 | 6 | | 4 |
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| 7 | 7 | | 5 |
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| 8 | 8 | | 6 |
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| 9 | 9 | | A BILL 7 |
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| 10 | 10 | | 8 |
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| 11 | 11 | | 9 |
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| 12 | 12 | | 10 |
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| 13 | 13 | | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11 |
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| 14 | 14 | | 12 |
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| 15 | 15 | | 13 |
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| 16 | 16 | | 14 |
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| 17 | 17 | | 15 |
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| 18 | 18 | | To amend Chapter 8 of Title 16 of the District of Columbia to permit sealing by motion for 16 |
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| 19 | 19 | | certain criminal records. 17 |
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| 20 | 20 | | 18 |
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| 21 | 21 | | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 19 |
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| 22 | 22 | | act may be cited as the “ Fair Chance at Record Sealing Amendment Act of 2024” 20 |
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| 23 | 23 | | 21 |
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| 24 | 24 | | Sec 2. Title 16 of the District of Columbia Official Code is amended as follows: 22 |
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| 25 | 25 | | (a) Section 16-801 23 |
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| 26 | 26 | | (1) Subparagraph (6) is amended to read as follows: 24 |
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| 27 | 27 | | (A) Strike the phrase “means any felony other than failure to appear” and 25 |
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| 28 | 28 | | inserting the phrase “means any felony that is not an ineligible felony. 26 |
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| 29 | 29 | | (2) Subsection (8) is amended to read as follows: 27 |
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| 30 | 30 | | (A): Strike the phrase “means any other felony than a failure to appear 28 |
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| 31 | 31 | | (16-1327) [3-1327]” and replacing it with “any felony except an offense involving: 29 |
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| 32 | 32 | | (a) n intrafamily offense; 30 |
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| 33 | 33 | | (b) a sex crime, sexual abuse, or violation of the Sex Offender 31 |
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| 34 | 34 | | Registration Act; 32 |
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| 35 | 35 | | |
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| 36 | 36 | | (c) abuse of a vulnerable or protected adult, or abuse of authority 33 |
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| 37 | 37 | | to care for a vulnerable or protected adult; 34 |
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| 38 | 38 | | (d) abuse, neglect, or any crime committed against a child by an 35 |
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| 39 | 39 | | adult.” 36 |
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| 40 | 40 | | (b) Section 16-803 is amended to read as follows: 37 |
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| 41 | 41 | | (2) Subsection (c)(1) is amended to read as follows: 38 |
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| 42 | 42 | | (A) Strike the phrase “a waiting period of at least 8 years has elapsed since 39 |
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| 43 | 43 | | the completion of the movant’s sentence; and” and inserting the phrase “a waiting period 40 |
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| 44 | 44 | | of at least 2 years has elapsed since the completion of the movant’s sentence for a 41 |
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| 45 | 45 | | misdemeanor offense and at least 4 years has elapsed since the completion of the 42 |
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| 46 | 46 | | movant’s sentence for a felony offense, except that the waiting period for an eligible 43 |
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| 47 | 47 | | felony offense in Offense Severity Group 1, 2, or 3 of the Master Grid, developed by the 44 |
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| 48 | 48 | | District of Columbia Sentencing Commission, shall be 10 years after the completion of 45 |
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| 49 | 49 | | the movant’s sentence; and 46 |
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| 50 | 50 | | (d) A new section “(n)” is added to read as follows: 47 |
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| 51 | 51 | | “(n) Notwithstanding any law or provision, the Court shall grant the 48 |
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| 52 | 52 | | request to seal the publicly available arrest and court proceedings of a movant who has: 49 |
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| 53 | 53 | | (1) attained 70 years of age 50 |
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| 54 | 54 | | (2) has not been subjected to arrest or prosecution for at least ten years 51 |
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| 55 | 55 | | from the termination of the case, and 52 |
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| 56 | 56 | | (3) does not have any pending criminal matters in any state or federal 53 |
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| 57 | 57 | | Court.” 54 |
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| 58 | 58 | | Sec. 2. Fiscal impact statement. 55 |
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| 59 | 59 | | |
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| 60 | 60 | | The Council adopts the fiscal impact statement in the committee report as the fiscal 56 |
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| 61 | 61 | | impact statement required by section 4a of the General Legislative Procedures Act of 1975, 57 |
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| 62 | 62 | | approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 58 |
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| 63 | 63 | | Sec. 3. Effective date. 59 |
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| 64 | 64 | | This act shall take effect following approval by the Mayor (or in the event of veto by the 60 |
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| 65 | 65 | | Mayor, action by the Council to override the veto), a 60-day period of congressional review as 61 |
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| 66 | 66 | | provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December 62 |
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| 67 | 67 | | 24, 1973, (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)), and publication in the District of 63 |
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| 68 | 68 | | Columbia Register. 64 |
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