reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter III - Attachment and Garnishment of Wages, etc › § 16–577. Applicability of per centum limitations to judgment for support

§ 16–577. Applicability of per centum limitations to judgment for support.
The per centum limitations prescribed by section 16-572 do not apply in the case of execution upon a judgment, order, or decree of any court of the District of Columbia for the payment of any sum for the support or maintenance of a person’s spouse or former spouse, domestic partner or former domestic partner, or children, and any such execution, judgment, order, or decree shall, in the discretion of the court, have priority over any other execution which is subject to the provisions of this subchapter. In the case of execution upon such a judgment, order, or decree for the payment of such sum for support or maintenance, the limitation shall be 50 per centum of the gross wages due or to become due to any such person for the pay period or periods ending in any calendar month, except that a notice or order to withhold issued pursuant to subchapter I of Chapter 2 of Title 46 shall have priority over any other legal process and shall be subject to the limitations stated in section 303(b) of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 163; 15 U.S.C. § 1673(b) .
(Dec. 23, 1963, 77 Stat. 556, Pub. L. 88-241, § 1; Oct. 1, 1976, D.C. Law 1-87, § 13, 23 DCR 2544; Apr. 4, 2006, D.C. Law 16-79, § 4(b), 53 DCR 1035; May 12, 2006, D.C. Law 16-100, § 2(d), 53 DCR 1886; Mar. 25, 2009, D.C. Law 17-353, § 111(a)(2), 56 DCR 1117.)
Prior Codifications
1981 Ed., § 16-577.
1973 Ed., § 16-577.
Effect of Amendments
D.C. Law 16-79 substituted “a person’s spouse or former spouse, domestic partner or former domestic partner, or children,” for “a person’s spouse, or former spouse, or children,”.
D.C. Law 16-100 substituted “, except that a notice or order to withhold issued pursuant to Subchapter I of Chapter 2 of Title 46 shall have priority over any other legal process and shall be subject to the limitations stated in section 303(b) of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 163; 15 U.S.C. § 1673(b).” for the period at the end of the second sentence.
D.C. Law 17-353 substituted “subchapter I of Chapter 2” for “Subchapter I of Chapter 2”.
Emergency Legislation
For temporary (90 day) amendment of section, see § 2(d) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).
For temporary (90 day) amendment of section, see § 2(d) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2(d) of the Income Withholding Transfer and Revision Temporary Amendment Act of 2005 (D.C. Law 16-42, December 10, 2005, law notification 52 DCR 11038).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter III - Attachment and Garnishment of Wages, etc › § 16–578. Superior Court judgments; lapse; validity

§ 16–578. Superior Court judgments; lapse; validity.
An attachment issued by the Superior Court of the District of Columbia upon a judgment of that court duly filed and recorded, and levied within twelve years from the date of the judgment upon the wages due or to become due to the judgment debtor from the employer-garnishee, shall not lapse or become invalid prior to complete satisfaction solely by reason of the expiration of the period of limitation set forth in section 15-101 .
(Dec. 23, 1963, 77 Stat. 557, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 555, Pub. L. 91-358, title I, § 145(b)(3)(A), (b)(4).)
Prior Codifications
1981 Ed., § 16-578.
1973 Ed., § 16-578.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter III - Attachment and Garnishment of Wages, etc › § 16–579. Payments by employer-garnishee where employee has no salary or salary inadequate for services rendered

§ 16–579. Payments by employer-garnishee where employee has no salary or salary inadequate for services rendered.
Where the judgment debtor claims or is proved to be rendering services to or employed by a relative or other person or by a corporation owned or controlled by a relative or other person, without salary or compensation, or at a salary or compensation so inadequate as to satisfy the court that the salary or compensation is merely colorable and designed to defraud or impede the creditors of the debtor, the court may direct the employer-garnishee to make payments on account of the judgment, in installments, based upon a reasonable value of the services rendered by the judgment debtor under his employment or upon the debtor’s then earning ability.
(Dec. 23, 1963, 77 Stat. 557, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-579.
1973 Ed., § 16-579.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter III - Attachment and Garnishment of Wages, etc › § 16–580. Quashing attachment where judgment obtained to hinder just claims

§ 16–580. Quashing attachment where judgment obtained to hinder just claims.
Where an attachment levied under this subchapter is based upon a judgment obtained by default or consent without a trial upon the merits, the court, upon motion of an interested person, may quash the attachment upon satisfactory proof that the judgment was obtained without just cause and solely for the purpose of preventing or delaying the satisfaction of just claims.
(Dec. 23, 1963, 77 Stat. 557, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-580.
1973 Ed., § 16-580.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter III - Attachment and Garnishment of Wages, etc › § 16–581. Rules of procedure

§ 16–581. Rules of procedure.
The judges of the Superior Court of the District of Columbia and of the United States District Court for the District of Columbia shall establish such rules of procedure for their respective courts as may be necessary to effectuate the purposes of this subchapter.
(Dec. 23, 1963, 77 Stat. 557, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 555, Pub. L. 91-358, title I, § 145(b)(5).)
Prior Codifications
1981 Ed., § 16-581.
1973 Ed., § 16-581.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter III - Attachment and Garnishment of Wages, etc › § 16–582. Attachments to which this subchapter is applicable

§ 16–582. Attachments to which this subchapter is applicable.
This subchapter applies only with respect to attachments upon wages, as defined by section 16-571 , issued on or after 60 days from August 4, 1959. Unless otherwise specified, this subchapter does not apply to notices or orders to withhold issued pursuant to subchapter I of Chapter 2 of Title 46.
(Dec. 23, 1963, 77 Stat. 557, Pub. L. 88-241, § 1; May 12, 2006, D.C. Law 16-100, § 2(e), 53 DCR 1886; Mar. 25, 2009, D.C. Law 17-353, § 111(a)(3), 56 DCR 1117.)
Prior Codifications
1981 Ed., § 16-582.
1973 Ed., § 16-582.
Effect of Amendments
D.C. Law 16-100 added “Unless otherwise specified, this subchapter does not apply to notices or orders to withhold issued pursuant to Subchapter I of Chapter 2 of Title 46.” to the end.
D.C. Law 17-353 substituted “subchapter I of Chapter 2” for “Subchapter I of Chapter 2”.
Emergency Legislation
For temporary (90 day) amendment of section, see § 2(e) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).
For temporary (90 day) amendment of section, see § 2(e) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2(e) of the Income Withholding Transfer and Revision Temporary Amendment Act of 2005 (D.C. Law 16-42, December 10, 2005, law notification 52 DCR 11038).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter III - Attachment and Garnishment of Wages, etc › § 16–583. No garnishment before judgment

§ 16–583. No garnishment before judgment.
(a) Except as otherwise provided in the District of Columbia Child Support Enforcement Amendment Act of 1985 or as provided in the D.C. Official Code, section 16-916, before entry of a judgment in an action against a debtor, the creditor may not obtain an interest in any property of the debtor by attachment, garnishment, or like proceedings.
(b) The holder who is served an order of withholding under this subchapter may deduct and retain from the obligor’s earnings or other income an additional $2.00 over the withholding amount for expenses incurred as a result of the withholding.
(Dec. 17, 1971, 85 Stat. 679, Pub. L. 92-200, § 7; Feb. 24, 1987, D.C. Law 6-166, § 33(a)(2), 33 DCR 6710.)
Prior Codifications
1981 Ed., § 16-583.
1973 Ed., § 16-583.
References in Text
The “District of Columbia Child Support Enforcement Amendment Act of 1985,” referred to in subsection (a), is D.C. Law 6-166 which is codified principally as § 46-201 et seq.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter III - Attachment and Garnishment of Wages, etc › § 16–584. No discharge from employment for garnishment

§ 16–584. No discharge from employment for garnishment.
No employer shall discharge an employee for the reason that a creditor of the employee has subjected or attempted to subject unpaid earnings of the employee to garnishment or like proceedings directed to the employer for the purpose of paying a judgment.
(Dec. 17, 1971, 85 Stat. 679, Pub. L. 92-200, § 7.)
Prior Codifications
1981 Ed., § 16-584.
1973 Ed., § 16-584.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 6 - Bonds and Undertakings › § 16–601. Undertaking in lieu of fiduciary’s bond

§ 16–601. Undertaking in lieu of fiduciary’s bond.
A bond required from an executor, administrator, administrator cum testamento annexo, administrator de bonis non, guardian, committee, collector, trustee, receiver, assignee for the benefit of creditors, or other fiduciary appointed or confirmed by the United States District Court for the District of Columbia or the Superior Court of the District of Columbia, or a bond required from a party to a cause or proceeding pending in that court, shall be in the form of an undertaking, under seal, in a maximum amount to be fixed by the court, conditioned as required by law, the surety or sureties therein submitting themselves to the jurisdiction of the court and undertaking for themselves and each of them, their and each of their heirs, executors, administrators, successors, and assigns to abide by and perform the judgment or decree of the court in the premises; and further agreeing that, upon default by the principal in any of the conditions thereof, the damages may be ascertained in such manner as the court directs and the court may give judgment thereon in favor of any person thereby aggrieved against the principal and sureties for the damages sustained by him, and that judgment may be rendered against all or any of the parties whose names are thereto signed.
The United States District Court for the District of Columbia (as specified in section 11-501 ) and the Superior Court of the District of Columbia (as specified in section 11-921 ) have jurisdiction to enter such judgments and decrees against the principal and surety or sureties, or any of them, upon the undertaking, as law and justice require. This section does not deprive a party having a claim or cause of action under or upon the undertaking from electing to pursue his ordinary remedy by civil suit.
The provisions of this Code relating to actions, remedies and proceedings upon bonds of fiduciaries apply to such undertakings to the same extent as if undertaking had been expressly mentioned and referred to therein.
(Aug. 30, 1964, 78 Stat. 678, Pub. L. 88-509, § 3(c)(1); July 29, 1970, 84 Stat. 555, Pub. L. 91-358, title I, § 145(c).)
Prior Codifications
1981 Ed., § 16-601.
1973 Ed., § 16-601.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 7 - Criminal Proceedings in the Superior Court › § 16–701. Rules and regulations

§ 16–701. Rules and regulations.
The Superior Court may make such rules and regulations for conducting business in the Criminal Division of the court, consistent with statutes applicable to such business and in the manner provided in section 11-946 , as it may deem necessary and proper.
(Dec. 23, 1963, 77 Stat. 557, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 555, Pub. L. 91-358, title I, § 145(d)(1).)
Prior Codifications
1981 Ed., § 16-701.
1973 Ed., § 16-701.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 7 - Criminal Proceedings in the Superior Court › § 16–702. Prosecution by indictment or information

§ 16–702. Prosecution by indictment or information.
An offense prosecuted in the Superior Court which may be punished by death shall be prosecuted by indictment returned by a grand jury. An offense which may be punished by imprisonment for a term exceeding one year shall be prosecuted by indictment, but it may be prosecuted by information if the defendant, after he has been advised of the nature of the charge and of his rights, waives in open court prosecution by indictment. Any other offense may be prosecuted by indictment or by information. An information subscribed by the proper prosecuting officer may be filed without leave of court.
(Dec. 23, 1963, 77 Stat. 558, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 555, Pub. L. 91-358, title I, § 145(d)(2)(A).)
Prior Codifications
1981 Ed., § 16-702.
1973 Ed., § 16-702.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 7 - Criminal Proceedings in the Superior Court › § 16–703. Process of Criminal Division; fees

§ 16–703. Process of Criminal Division; fees.
(a) The Criminal Division of the Superior Court may issue process for the arrest of a person against whom an indictment is returned, an information is filed, or a complaint under oath is made.
(b) Process shall —
(1) be under the seal of the court;
(2) bear teste in the name of a judge of the court, and
(3) be signed by a clerk or employee of the court authorized to administer oaths.
(c) In cases arising out of violations of any of the ordinances of the District of Columbia, process shall be directed to the Chief of Police, who shall execute the process and make return thereof in like manner as in other cases.
(d) In all other criminal cases, the process issued by the Superior Court may be directed to the United States marshal or to the Chief of Police.
(e) For services pursuant to subsection (d) of this section the marshal shall receive the fees prescribed by section 15-709(b).
(Dec. 23, 1963, 77 Stat. 558, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 556, Pub. L. 91-358, title I, § 145(d)(3); Mar. 24, 1998, D.C. Law 12-81, § 10(e), 45 DCR 745.)
Prior Codifications
1981 Ed., § 16-703.
1973 Ed., § 16-703.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 7 - Criminal Proceedings in the Superior Court › § 16–704. Bail; collateral security

§ 16–704. Bail; collateral security.
(a) A person charged with an offense triable in the criminal division of the Superior Court of the District of Columbia may give security for his appearance for trial or for further hearing, either by giving bond to the satisfaction of the court or by depositing money as collateral security with the appropriate officer at the court or the station keeper of the police precinct within which he is apprehended. When a sum of money is deposited as collateral security as provided by this section it shall remain, in contemplation of law, the property of the person depositing it until duly forfeited by the court. When forfeited, it shall be, in contemplation of law, the property of the United States of America or of the District of Columbia, according as the charge against the person depositing it is instituted on behalf of the United States or of the District. Every person receiving any sum of money deposited as provided by this section shall be deemed in law the agent of the person depositing it or of the United States or the District, as the case may be, for all purposes of properly preserving and accounting for money.
(b) This section does not affect the ultimate rights under existing law of the Washington Humane Society of the District of Columbia, in or to any forfeitures collected in the criminal division of the Superior Court of the District of Columbia.
(Dec. 23, 1963, 77 Stat. 558, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 557, Pub. L. 91-358, title I, § 145(d)(6).)
Prior Codifications
1981 Ed., § 16-704.
1973 Ed., § 16-704.
Section References
This section is referenced in § 7-1706 and § 16-708.
Cross References
Pretrial detention and release, see § 23-1301 et seq.
Smoking violations, violator to post collateral in accordance with this section, see § 7-1706.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 7 - Criminal Proceedings in the Superior Court › § 16–706. Enforcement of judgments; commitment upon non-payment of fine

§ 16–706. Enforcement of judgments; commitment upon non-payment of fine.
The Superior Court may enforce any of its judgments rendered in criminal cases by fine or imprisonment, or both. Except as otherwise provided by law, and subject to the relief provided in section 3569 of title 18, United States Code , in any case where the court imposes a fine, the court may, in the event of default in the payment of the fine imposed, commit the defendant for a term not to exceed one year.
(Dec. 23, 1963, 77 Stat. 559, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 556, Pub. L. 91-358, title I, § 145(d)(5).)
Prior Codifications
1981 Ed., § 16-706.
1973 Ed., § 16-706.
Section References
This section is referenced in § 4-516.
Cross References
Victims of violent crime, assessment nonpayment sanctions in accordance with this section, see § 4-516.
References in Text
Section 3569 of Title 18 of the United States Code, referred to in the second sentence, provided for the discharge of indigent prisoners, and was repealed by § 212 of Pub. L. 98-472.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 7 - Criminal Proceedings in the Superior Court › § 16–707. Disposition of fines

§ 16–707. Disposition of fines.
(a) All fines payable and paid under judgment of the criminal division of the Superior Court of the District of Columbia shall, upon their payment, immediately become, in contemplation of law, the property of the United States or the District of Columbia, according to the charge upon which the fine may be adjudged. Every person receiving such a fine shall be deemed in law an agent of the United States or the District, as the case may be.
(b) This section does not affect the ultimate rights under existing law of the Washington Humane Society of the District of Columbia, in or to any fines paid in the criminal division of the Superior Court of the District of Columbia.
(Dec. 23, 1963, 77 Stat. 559, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 557, Pub. L. 91-358, title I, § 145(d)(6).)
Prior Codifications
1981 Ed., § 16-707.
1973 Ed., § 16-707.
Section References
This section is referenced in § 16-708.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 7 - Criminal Proceedings in the Superior Court › § 16–708. Penalties for wrongful conversion of forfeitures and fines

§ 16–708. Penalties for wrongful conversion of forfeitures and fines.
Whoever, being an agent as contemplated and defined by section 16-704(a) , or by section 16-707(a) , wrongfully converts to his own use any money received by him as provided therein, is guilty of theft, and shall be punished in the manner prescribed by law for such offense.
(Dec. 23, 1963, 77 Stat. 559, Pub. L. 88-241, § 1; Dec. 1, 1982, D.C. Law 4-164, § 601(a), 29 DCR 3976.)
Prior Codifications
1981 Ed., § 16-708.
1973 Ed., § 16-708.
Cross References
Theft, see § 22-3211.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 7 - Criminal Proceedings in the Superior Court › § 16–709. Executions on forfeited recognizances and judgments

§ 16–709. Executions on forfeited recognizances and judgments.
The Superior Court of the District of Columbia may issue execution on all recognizances forfeited in its criminal division, upon motion of the prosecuting officer; and all writs of fieri facias or other writs of execution on judgments issued by the criminal division shall be directed to and executed by the United States marshal.
(Dec. 23, 1963, 77 Stat. 559, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 557, Pub. L. 91-358, title I, § 145(d)(6).)
Prior Codifications
1981 Ed., § 16-709.
1973 Ed., § 16-709.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 7 - Criminal Proceedings in the Superior Court › § 16–710. Suspension of imposition or execution of sentence

§ 16–710. Suspension of imposition or execution of sentence.
(a) Except as provided in subsection (b), in criminal cases in the Superior Court of the District of Columbia, the court may, upon conviction, suspend the imposition of sentence or impose sentence and suspend the execution thereof, or impose sentence and suspend the execution of a portion thereof, for such time and upon such terms as it deems best, if it appears to the satisfaction of the court that the ends of justice and the best interest of the public and of the defendant would be served thereby. In each case of the imposition of sentence and the suspension of the execution thereof, or the imposition of sentence and the suspension of the execution of a portion thereof, the court may place the defendant on probation under the control and supervision of a probation officer. The probationer shall be provided by the clerk of the court with a written statement of the terms and conditions of his probation at the time when he is placed thereon. He shall observe the rules prescribed for his conduct by the court and report to the probation officer as directed. A person may not be put on probation without his consent.
(b) The period of probation referred to in subsection (a), together with any extension thereof, shall not exceed 5 years.
(b-1) The court may order as a condition of probation for any defendant convicted of a felony that the defendant remain in custody or in a community correctional center during nights, weekends, or other intervals totaling not more than one year during the term of probation.
(c) Nothing in this section shall be deemed to supersede the provisions of section 22-1804a.
(Dec. 23, 1963, 77 Stat. 559, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 557, Pub. L. 91-358, title I, § 145(d)(6); Mar. 10, 1983, D.C. Law 4-202,§ 3, 30 DCR 173; Aug. 2, 1983, D.C. Law 5-24, § 2, 30 DCR 3341; June 8, 2001, D.C. Law 13-302, § 3, 47 DCR 7249.)
Prior Codifications
1981 Ed., § 16-710.
1973 Ed., § 16-710.
Section References
This section is referenced in § 24-468.
Effect of Amendments
D.C. Law 13-302 added subsec. (b-1).
Emergency Legislation
For temporary (90 day) amendment of section, see §§ 3 and 11 of the Sentencing Reform Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-462, November 7, 2000, 47 DCR 9443).
For temporary (90 day) amendment of section, see § 3 of Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-2, February 2, 2001, 48 DCR 2239).
For temporary (90 day) amendment of section, see § 3 of Sentencing Reform Second Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-51, May 2, 2001, 48 DCR 4370).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 7 - Criminal Proceedings in the Superior Court › § 16–711. Restitution or reparation

§ 16–711. Restitution or reparation.
(a) In criminal cases in the Superior Court, the court may, in addition to any other sentence imposed as a condition of probation or as a sentence itself, require a person convicted of any offense to make reasonable restitution or reparation.
(b) When restitution or reparation is ordered, the court shall take into consideration the number of victims, the actual damage of each victim, the resources of the defendant, the defendant’s ability to earn, any obligation of the defendant to support dependents, and other matters as pertain to the defendant’s ability to make restitution or reparation.
(c) The court shall fix the manner of performing restitution or reparation.
(d) At any time during the probation period or period of restitution or reparation, the defendant may request and the court may grant a hearing on any matter related to the plan of restitution or reparation.
(Mar. 10, 1983, D.C. Law 4-202, § 2, 30 DCR 173.)
Prior Codifications
1981 Ed., § 16-711.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 7 - Criminal Proceedings in the Superior Court › § 16–711.01. Restitution or reparation — Enforcement

§ 16–711.01. Restitution or reparation — Enforcement.
(a) An order of restitution or reparation requiring a person convicted of the criminal conduct to pay restitution or reparation constitutes a judgment and lien against all property of a liable defendant for the amount the defendant is obligated to pay under the order and may be recorded in any office for the filing of liens against real or personal property.
(b) A judgment of restitution or reparation may be enforced by the United States Attorney for the District of Columbia, the Attorney General for the District of Columbia, a victim entitled under the order to receive restitution or reparation, a deceased victim’s estate, or any other beneficiary of the judgment in the same manner as a civil judgment.
(c) The court shall provide each victim in a criminal case with a notarized and sealed copy of the Order of Restitution or Reparation.
(d) The name and address of the victim shall not be disclosed to the defendant or any representative of the defendant.
(June 3, 2011, D.C. Law 18-377, § 4(2), 58 DCR 1174.)
Emergency Legislation
For temporary (90 day) addition of § 16-711.01, see § 504(2) of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).
For temporary (90 day) addition of § 16-711.01, see § 504(2) of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 7 - Criminal Proceedings in the Superior Court › § 16–712. Community service

§ 16–712. Community service.
(a) In criminal cases in the Superior Court of the District of Columbia, the court may, in addition to any other sentence imposed, require a person convicted of any offense as a condition of probation or as a sentence itself, to undertake reasonable services to the community for a period not to exceed 5 years in duration.
(b) When community service is ordered, the court shall take into consideration the physical and mental health of the defendant, his or her age, education, employment and vocational training, family circumstances, financial condition, and any other factors as shall be appropriate.
(c) The court shall fix the manner of performing community service.
(d) At any time during the probation period or period of community service, the defendant may request and the court may grant a hearing on any matter related to the plan of community service.
(Mar. 10, 1983, D.C. Law 4-202, § 2, 30 DCR 173.)
Prior Codifications
1981 Ed., § 16-712.
Section References
This section is referenced in § 22-2304 and § 22-3312.04.
Cross References
Panhandling, community service sanctions, see § 22-2304.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 7 - Criminal Proceedings in the Superior Court › § 16–713. Alien sentencing

§ 16–713. Alien sentencing.
(a) Prior to acceptance of a plea of guilty or nolo contendere to any offense punishable as a crime, the court shall administer the following advisement on the record to the defendant:
“If you are not a citizen of the United States, you are advised that conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.”
(b) Upon request, the court shall allow the defendant a reasonable amount of additional time to consider the appropriateness of the plea in light of the advisement. If the court fails to advise the defendant as required by subsection (a) and the defendant shows that conviction of the offense to which the defendant pleaded guilty or nolo contendere may have the consequences for the defendant of deportation, exclusion from the United States, or denial of naturalization pursuant to the laws of the United States, the court, on defendant’s motion, shall vacate the judgment and permit the defendant to withdraw the plea of guilty or nolo contendere, and enter a plea of not guilty. Absent a record that the court provided the advisement required by subsection (a), the defendant shall be presumed not to have received the required advisement.
(Mar. 10, 1983, D.C. Law 4-202, § 2, 30 DCR 173.)
Prior Codifications
1981 Ed., § 16-713.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 7 - Criminal Proceedings in the Superior Court › § 16–714. Special education attorneys for emerging adult defendants panel

§ 16–714. Special education attorneys for emerging adult defendants panel.
(a) By October 1, 2023, the Criminal Division of the Superior Court ("Court") shall designate and appoint, according to rules it establishes, a panel of special education attorneys to represent indigent emerging adult defendants with disabilities in criminal proceedings.
(b) An attorney appointed from the panel established pursuant to subsection (a) of this section shall represent the educational and disability rights and needs of the emerging adult defendant with a disability.
(c) The Court shall:
(1) Maintain a register of attorneys who have expressed an interest in being appointed to serve as special education attorneys pursuant to this section;
(2) Endeavor to make panel appointments from the register established in paragraph (1) of this subsection; and
(3) Only appoint attorneys to the panel after careful consideration of the qualifications of each attorney.
(d) For the purpose of funding the costs associated with this section, beginning in Fiscal Year 2023, and annually thereafter, the Office of Victim Services and Justice Grants shall issue a grant to a legal services and advocacy organization serving older students with special education needs who are involved in the District's juvenile and criminal legal systems.
(e)(1) The availability of special education attorneys for emerging adult defendants with disabilities pursuant to this section shall be contingent upon the availability of funds.
(2) Beginning in Fiscal Year 2023, the Office of Victim Services and Justice Grants shall issue an annual grant, in the amount of $300,000, to provide special education legal representation to emerging adult defendants with disabilities by a legal services and advocacy organization serving older students with special education needs who are involved in the District's justice system.
(f) For the purposes of this section, the term "emerging adult defendant with a disability" means a criminal defendant under 23 years of age, or the parent, as that term is defined in 20 U.S.C. § 1401(23), of a criminal defendant under 18 years of age who is:
(1) Charged as an adult; and
(2) Qualifies as a child with a disability, as that term is defined in 20 U.S.C. § 1401(3).
(Apr. 21, 2023, D.C. Law 24-344, § 4(b), 70 DCR 635.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 8 - Criminal Record Sealing › § 16–804. Motion to seal

§ 16–804. Motion to seal.
(a) A motion to seal filed with the Court pursuant to this chapter shall state grounds upon which eligibility for sealing is based and facts in support of the person’s claim. It shall be accompanied by a statement of points and authorities in support of the motion, and any appropriate exhibits, affidavits, and supporting documents.
(b)(1) A motion pursuant to § 16-803(a), (b), or (c) shall state all of the movant’s arrests and convictions and shall:
(A) Seek relief with respect to all the arrests and any conviction eligible for relief; and
(B) For any arrest or conviction as to which the waiting period in § 16-803(a), (b), or (c) has not elapsed, waive in writing the right to seek sealing of the records pertaining to that arrest or conviction.
(2) If the Court determines that the motion does not comply with the requirements of paragraph (1) of this subsection, then the movant shall have 30 days after being notified by the Court of the noncompliance to amend his or her original motion to include all of the movant’s District of Columbia Code and Municipal Regulation arrests and convictions and either seek relief with respect to all the eligible arrests and convictions or waive in writing the right to seek sealing of the records pertaining to any arrests or convictions for which relief is not sought. If the movant fails to amend his original motion within 30 days, then the motion shall be dismissed without prejudice.
(c) A copy of the motion and any amended motion shall be served upon the prosecutor.
(d) The prosecutor shall not be required to respond to the motion unless ordered to do so by the Court pursuant to § 16-805(b).
(e) If the movant files a motion to seal an arrest that is not in the Court database or an arrest and related court proceedings that are not in a publicly available database, the motion to seal and responsive pleadings shall not be available publicly. If the Court grants such a motion, it shall order that the motion and responsive pleadings be sealed to the same extent and in the same manner as the records pertaining to the arrest and related court proceedings. If the Court denies such a motion, the Court, the United States Attorney’s Office, the Office of the Attorney General for the District of Columbia, and the law enforcement agency that arrested the movant shall be entitled to retain any and all records relating to the motion in a non-public file.
(May 5, 2007, D.C. Law 16-307, § 2(b), 54 DCR 868; June 15, 2013, D.C. Law 19-319, § 4(d), 60 DCR 2333; Mar. 10, 2023, D.C. Law 24-284, § 101(b), 70 DCR 913.)
Effect of Amendments
The 2013 amendment by D.C. Law 19-319 rewrote (b) and (c); and added (e).
Applicability
Applicability of D.C. Law 24-284: § 301 of D.C. Law 24-284 provided that the change made to this section by § 101(b) of D.C. Law 24-284 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 8 - Criminal Record Sealing › § 16–805. Review by Court

§ 16–805. Review by Court.
*NOTE: Amendment made to this section by section 7088(b) of D.C. Law 25-50 is applicable January 1, 2026.*
(a) If it plainly appears from the face of the motion, any accompanying exhibits, affidavits, and documents, and the record of any prior proceedings in the case, that the movant is not eligible for relief or is not entitled to relief, the Court may dismiss or deny the motion.
(b) If the motion is not dismissed or denied after initial review, the Court shall order the prosecutor to file a response to the motion. The prosecutor shall file the response within 60 days of the issuance of the order except where the arrest was not presented to the prosecutor for a charging decision, in which case the prosecutor shall file the response within 90 days of the issuance of the order.
(c) Upon the filing of the prosecutor’s response, the Court shall determine whether a hearing is required.
(d) If the Court determines that a hearing is required, the hearing shall be scheduled within 30 days of the prosecutor’s response. If the Court determines that a hearing is not required, the Court shall dismiss, grant, or deny the motion within 30 days of the prosecutor’s response.
(e) At the hearing, the movant and the prosecutor may present witnesses and information by proffer or otherwise. Hearsay evidence shall be admissible.
(f) An order dismissing, granting, or denying the motion shall be in writing and include reasons.
(g) The Court shall not be required to entertain a second or successive motion for similar relief on behalf of the same movant regarding the same offenses, arrests, or convictions unless the previous motion was dismissed or denied without prejudice.
(h) An order dismissing, granting, or denying a motion for sealing is a final order for purposes of appeal.
(May 5, 2007, D.C. Law 16-307, § 2(b), 54 DCR 868; Mar. 10, 2015, D.C. Law 20-186, § 2(c), 61 DCR 12108; Mar. 10, 2023, D.C. Law 24-284, § 101(b), 70 DCR 913.)
Section References
This section is referenced in § 16-804.
Effect of Amendments
The 2015 amendment by D.C. Law 20-186 rewrote (d).
Applicability
Applicability of D.C. Law 24-284: § 301 of D.C. Law 24-284 provided that the change made to this section by § 101(b) of D.C. Law 24-284 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 8 - Criminal Record Sealing › § 16–807. Savings provision

§ 16–807. Savings provision.
This chapter does not supersede any other provision of the District of Columbia Official Code providing for the expungement, sealing, or setting aside of criminal arrests or convictions.
(May 5, 2007, D.C. Law 16-307, § 2(b), 54 DCR 868; Mar. 10, 2023, D.C. Law 24-284, § 101(b), 70 DCR 913.)
Applicability
Applicability of D.C. Law 24-284: § 301 of D.C. Law 24-284 provided that the change made to this section by § 101(b) of D.C. Law 24-284 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 8 - Criminal Record Sealing › § 16–808. Applicability. [Applicable January 1, 2026]

§ 16–808. Applicability. [Applicable January 1, 2026]
Applicable January 1, 2026.
(Mar. 10, 2023, D.C. Law 24-284, § 101(b), 70 DCR 913; Sept. 6, 2023, D.C. Law 25-50, § 7088(a), 70 DCR 10366.)
Applicability
Section 7088 of D.C. Law 25-50 amended section 301 of D.C. Law 24-284 changing the applicability provision impacting this section to January 1, 2026. Therefore the creation of this section by section 101(b) of Law 24-284 will be implemented on January 1, 2026.
Applicability of D.C. Law 24-284: § 301 of D.C. Law 24-284 provided that the creation of this section by § 101(b) of D.C. Law 24-284 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 8 - Criminal Record Sealing › § 16–809. Savings provision. [Applicable January 1, 2026]

§ 16–809. Savings provision. [Applicable January 1, 2026]
Applicable January 1, 2026.
(Mar. 10, 2023, D.C. Law 24-284, § 101(b), 70 DCR 913; Sept. 6, 2023, D.C. Law 25-50, § 7088(a), 70 DCR 10366.)
Applicability
Section 7088 of D.C. Law 25-50 amended section 301 of D.C. Law 24-284 changing the applicability provision impacting this section to January 1, 2026. Therefore the creation of this section by section 101(b) of Law 24-284 will be implemented on January 1, 2026.
Applicability of D.C. Law 24-284: § 301 of D.C. Law 24-284 provided that the creation of this section by § 101(b) of D.C. Law 24-284 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 8A - Third-Party Custody › § 16–831.01. Definitions

§ 16–831.01. Definitions.
For the purposes of this chapter, the term:
(1) “De facto parent” means an individual:
(A) Who:
(i) Lived with the child in the same household at the time of the child’s birth or adoption by the child’s parent;
(ii) Has taken on full and permanent responsibilities as the child’s parent; and
(iii) Has held himself or herself out as the child’s parent with the agreement of the child’s parent or, if there are 2 parents, both parents; or
(B) Who:
(i) Has lived with the child in the same household for at least 10 of the 12 months immediately preceding the filing of the complaint or motion for custody;
(ii) Has formed a strong emotional bond with the child with the encouragement and intent of the child’s parent that a parent-child relationship form between the child and the third party;
(iii) Has taken on full and permanent responsibilities as the child’s parent; and
(iv) Has held himself or herself out as the child’s parent with the agreement of the child’s parent, or if there are 2 parents, both parents.
(2) “Intrafamily offense” shall have the same meaning as provided in § 16-1001(8).
(3) “Legal custody” means legal responsibility for a child, including the right to:
(A) Make decisions regarding the child’s health, education, and general welfare;
(B) Access the child’s educational, medical, psychological, dental, or other records; and
(C) Speak with and obtain information regarding the child from school officials, health care providers, counselors, or other persons interacting with the child.
(4) “Physical custody” means a child’s living arrangements. The term “physical custody” includes a child’s residency or visitation schedule.
(5) “Third party” means a person other than the child’s parent or de facto parent.
(Sept. 20, 2007, D.C. Law 17-21, § 2(b), 54 DCR 6835; Mar. 25, 2009, D.C. Law 17-353, § 217(b), 56 DCR 1117; Mar. 25, 2009, D.C. Law 17-368, § 4(f), 56 DCR 1338.)
Effect of Amendments
D.C. Law 17-353 validated a previously made technical correction in the section designation.
D.C. Law 17-368, in par. (2), substituted “§ 16-1001(8)” for “§ 16-1001(5)”.
Emergency Legislation
For temporary (90 day) addition, see § 2(b) of Safe and Stable Homes for Children and Youth Emergency Amendment Act of 2007 (D.C. Act 17-69, July 9, 2007, 54 DCR 6826).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 8A - Third-Party Custody › § 16–831.03. Action for custody of a child by a de facto parent

§ 16–831.03. Action for custody of a child by a de facto parent.
(a) A de facto parent may file a complaint for custody of a child or a motion to intervene in any existing action involving custody of the child.
(b) An individual who establishes that he or she is a de facto parent by clear and convincing evidence shall be deemed a parent for the purposes of §§ 16-911, 16-914, 16-914.01, and 16-916, and for the purposes of this chapter if a third party is seeking custody of the child of the de facto parent.
(c)(1) All proceedings involving a parent and a de facto parent, including an action for child support, shall be governed by §§ 16-911, 16-914, 16-914.01, and 16-916.
(2) A custody proceeding involving a third party and a de facto parent shall be governed by the provisions of this chapter.
(Sept. 20, 2007, D.C. Law 17-21, § 2(b), 54 DCR 6835; Mar. 25, 2009, D.C. Law 17-353, § 217(d), 56 DCR 1117.)
Effect of Amendments
D.C. Law 17-353 validated a previously made technical correction in the section designation.
Emergency Legislation
For temporary (90 day) addition, see § 2(b) of Safe and Stable Homes for Children and Youth Emergency Amendment Act of 2007 (D.C. Act 17-69, July 9, 2007, 54 DCR 6826).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 8A - Third-Party Custody › § 16–831.04. Third-party custody orders

§ 16–831.04. Third-party custody orders.
(a) A custody order entered under this chapter may include any of the following:
(1) Sole legal custody to the third party;
(2) Sole physical custody to the third party;
(3) Joint legal custody between the third party and a parent;
(4) Joint physical custody between the third party and a parent; or
(5) Any other custody arrangement the court determines is in the best interests of the child.
(b) An order granting relief under this chapter shall be in writing and shall recite the findings upon which the order is based.
(Sept. 20, 2007, D.C. Law 17-21, § 2(b), 54 DCR 6835; Mar. 25, 2009, D.C. Law 17-353, § 217(e), 56 DCR 1117.)
Effect of Amendments
D.C. Law 17-353 validated a previously made technical correction in the section designation.
Emergency Legislation
For temporary (90 day) addition, see § 2(b) of Safe and Stable Homes for Children and Youth Emergency Amendment Act of 2007 (D.C. Act 17-69, July 9, 2007, 54 DCR 6826).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 8A - Third-Party Custody › § 16–831.05. Parental presumption

§ 16–831.05. Parental presumption.
(a) Except when a parent consents to the relief sought by the third party, there is a rebuttable presumption in all proceedings under this chapter that custody with the parent is in the child’s best interests.
(b) If the court grants custody of the child to a third party over parental objection, the court order shall include written findings of fact supporting the rebuttal of the parental presumption.
(Sept. 20, 2007, D.C. Law 17-21, § 2(b), 54 DCR 6835; Mar. 25, 2009, D.C. Law 17-353, § 217(f), 56 DCR 1117.)
Effect of Amendments
D.C. Law 17-353 validated a previously made technical correction in the section designation.
Emergency Legislation
For temporary (90 day) addition, see § 2(b) of Safe and Stable Homes for Children and Youth Emergency Amendment Act of 2007 (D.C. Act 17-69, July 9, 2007, 54 DCR 6826).