D.C. Criminal Code Revisions Win Preliminary Vote of Approval

WASHINGTON -- A key committee of the District of Columbia Council last week approved a bill that overhauls the city’s criminal code for the first time since 1901.

Approval of the 450-page bill by the Committee on the Judiciary and Public Safety makes a second approval by the full D.C. Council nearly certain, meaning the years-long revisions are likely to soon become law.

Ward 6 Councilmember Charles Allen, who chairs the Committee on the Judiciary and Public Safety, said in an email to constituents last week, “Simply put, in the 120-plus years since, our criminal laws have become a mess of overlapping, contradicting, and outdated language. D.C. is actually ranked as having one of the worst criminal codes in the entire country.”

The D.C. Criminal Code Reform Commission started work on the revisions in 2006.

Some of the old laws still on the books referred to regulations on stables and mules.

A larger criticism of the old laws by Allen and criminal attorneys was ambiguous language that made them hard to apply in court cases. In one example, the old laws did not clearly define assault despite the fact it is one of the most common crimes in the District.

The previous laws also contained inconsistencies, such as imposing punishment for arson against the arsonist’s own property more severe than the penalty for burning other persons’ property.

The revised laws eliminate most mandatory minimum sentences, except for first degree murder and other Class 1 felonies. The minimum sentence for first degree murder would be 24 years.

The new laws restore rights to a jury trial in most misdemeanor cases. Inmates serving long sentences would get more opportunities to petition for release. They also clarify definitions of crimes that led to complaints about vagueness.

Prosecutors from the U.S. Attorney’s Office said the revisions were acceptable but could create public safety concerns for being too lenient in a few cases.

Public Defender Service officials said the new laws were adequate but rely too heavily on incarceration as a penalty.

Council members who support the revisions include Chairman Phil Mendelson. He said he would vote to approve the full bill.

For more information, contact The Legal Forum (www.legal-forum.net) at email: [email protected] or phone: 202-479-7240.