District of Columbia Civil Contempt Imprisonment Limitation Act of 1989
PL 101-97 (H.R.2136), enacted 09/23/1989

PUBLIC LAW 101-97—SEPT. 23, 1989 
103 STAT. 633 
Public Law 101-97 
101st Congress 
An Act 
To amend the District of Columbia C!ode to limit the length of time for which an 
individual may be incarcerated for civil contempt in the course of a child custody 
case in the courts of the District of Ck)lumbia, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SFXTION 1. SHORT TITLE. 
This Act may be cited as the "District of Columbia Civil Contempt 
Imprisonment Limitation Act of 1989". 
SEC. 2. LIMITATION ON TERM OF INCARCERATION IMPOSED FOR CIVIL 
CONTEMPT IN CHILD CUSTODY CASES. 
(a) 
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA.—Section 
11-944 of the District of Columbia Code is amended— 
(1) by striking "In addition" and inserting "(a) Subject to the 
limitation described in subsection (b), and in addition"; and 
(2) by adding at the end the following new subsection: 
"(b)(1) In any proceeding for custody of a minor child conducted in 
the Family Division of the Superior Court under paragraph (1) or 
(4) of section 11-1101, no individual may be imprisoned for civil 
contempt for more than 12 months (except as provided in paragraph 
(2)), pursuant to the contempt power described in subsection (a), for 
disobedience of an order or for contempt committed in the presence 
of the court. This limitation does not apply to imprisonment for 
criminal contempt or for any other criminal violation. 
"(2) Notwithstanding the provisions of paragraph (1), an individ-
ual who is charged with criminal contempt pursuant to paragraph 
(3) may continue to be imprisoned for civil contempt until the 
completion of such individual's trial for criminal contempt, except 
that in no case may such an individual be imprisoned for more than 
18 consecutive months for civil contempt pursuant to the contempt 
power described in subsection (a). 
"(3)(A) An individual imprisoned for 6 consecutive months for civil 
contempt for disobedience of an order in a proceeding described in 
paragraph (1) who continues to disobey such order may be pros-
ecuted for criminal contempt for disobedience of such order at any 
time before the expiration of the 12-month period that begins on the 
first day of such individual's imprisonment, except that an 
individual so imprisoned as of the date of the enactment of this 
subsection may be prosecuted under this subsection at any time 
during the 90-day period that begins on the date of the enactment of 
this subsection. 
"(B) The trial of an individual prosecuted for criminal contempt 
pursuant to this paragraph— 
"(i) shall begin not later than 90 days after the date on which 
such individual is charged with criminal contempt; 
"(ii) shall, upon the request of the individual, be a trial by 
jury; and 
Sept. 23, 1989 
[H.R. 2136] 
District of 
Columbia Civil 
Contempt 
Imprisonment 
Limitation Act 
of 1989. 
103 STAT. 634 
PUBLIC LAW 101-97—SEPT. 23, 1989 
"(iii) may not be conducted before the judge who imprisoned 
the individual for disobedience of an order pursuant to 
subsection (a).". 
(b) DISTRICT OF COLUMBIA COURT OF APPEALS.—Section 11-741 of 
the District of Columbia Code is amended— 
(1) by striking "In addition" and inserting "(a) Subject to the 
limitation described in subsection (b), and in addition"; and 
(2) by adding at the end the following new subsection: 
"(b)(1) In the hearing of an appeal from an order of the Superior 
Court of the District of Columbia regarding the custody of a minor 
child conducted in the Family Division of the Superior Court under 
paragraph (1) or (4) of section 11-1101, no individual may be 
imprisoned for civil contempt for more than 12 months (except as 
provided in paragraph (2)), pursuant to the contempt power de-
scribed in subsection (a), for disobedience of an order or for contempt 
committed in the presence of the court. This limitation does not 
apply to imprisonment for criminal contempt or for any other 
criminal violation. 
"(2) Notwithstanding the provisions of paragraph (1), an individ-
ual who is charged with criminal contempt pursuant to paragraph 
(3) may continue to be imprisoned for civil contempt until the 
completion of such individual's trial for criminal contempt, except 
that in no case may such an individual be imprisoned for more than 
18 consecutive months for civil contempt pursuant to the contempt 
power described in subsection (a). 
"(3)(A) An individual imprisoned for 6 consecutive months for civil 
contempt for disobedience of an order in a proceeding described in 
paragraph (1) who continues to disobey such order may be pros-
ecuted for criminal contempt for disobedience of such order at any 
time before the expiration of the 12-month period that begins on the 
first day of such individual's imprisonment, except that an individ-
ual so imprisoned as of the date of the enactment of this subsection 
may be prosecuted under this subsection at any time during the 90-
day period that begins on the date of the enactment of this 
subsection. 
"(B) The trial of an individual prosecuted for criminal contempt 
pursuant to this paragraph— 
"(i) shall begin not later than 90 days after the date on which 
such individual is charged with criminal contempt; 
"(ii) shall, upon the request of the individual, be a trial by 
jury; and 
"(iii) may not be conducted before the judge who imprisoned 
the individual for disobedience of an order pursuant to subsec-
tion (a).". 
SEC. 3. EXPEDITED APPEALS PROCESS FOR INDIVIDUALS INCARCER-
ATED FOR CONTEMPT IN CHILD CUSTODY CASES. 
Section 11-721 of the District of Columbia Code is amended by 
adding at the end the following new subsection: 
"(f) The District of Columbia Court of Appeals shall hear an 
appeal from an order of the Superior Court of the District of 
Columbia holding an individual in contempt and imposing the 
sanction of imprisonment on such individual in the course of a case 
for custody of a minor child not later than 60 days after such 
individual requests that an appeal be taken from that order.". 
PUBLIC LAW 101-97—SEPT. 23, 1989 
103 STAT. 635 
SEC. 4. REPORTS ON CIVIL CONTEMPT PROCEDURES. 
(a) IN GENERAL.—(1) The Committee on Governmental Affairs of 
the Senate, together with the Committee on the District of Columbia 
of the House of Representatives, shall conduct a study of current 
law and procedures with respect to civil contempt in the courts of 
the District of Columbia. 
(2) The Committee on the Judiciary of the Senate shall conduct a 
study of current law and procedures with respect to civil contempt 
in the courts of the United States. 
(b) SUBMISSION OF REPORTS.—Not later than September 1, 1990, 
the Committees on Governmental Affairs and the Judiciary of the 
Senate shall each submit a report on the study conducted by each 
Committee under subsection (a), and shall include in such report 
any recommendations regarding changes in current law. 
SEC. 5. EFFECTIVE DATE. 
The amendments made by sections 2 and 3 shall apply with 
respect to any individual imprisoned before the expiration of 
the 18-month period that begins on the date of the enactment of this 
Act for disobedience of an order or for contempt committed in the 
presence of the Superior Court of the District of Columbia or the 
District of Columbia Court of Appeals. 
Approved September 23, 1989. 
LEGISLATIVE HISTORY—H.R. 2136 (S. 1163): 
HOUSE REPORTS: No. 101-98 (Comm. on the District of Columbia). 
SENATE REPORTS: No. 101-104 accompanying S. 1163 (Comm. on Governmental 
Affairs). 
CONGRESSIONAL RECORD, Vol. 135 (1989): 
June 27, 28, considered and passed House. 
Sept. 7, considered and passed Senate, amended, in lieu of S. 1163. 
Sept. 20, House concurred in Senate amendment with amendments. 
Sept. 21, Senate concurred in House amendments.