Title 16, Particular Actions, Proceedings and Matters. [Enacted title]

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.

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 dire…

(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) 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…

(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 r…

(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) 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 …

(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 a…

(a) For the purposes of this chapter, the term: (1) "Clerk" means the Clerk of the Superior Court of the District of Columbia. (2) "Completion of the sentence" means the person has been unconditionally discharged from incarceration, commitment, probation, parole, or supervised re…

(a) The Court shall order automatic expungement of all criminal records and court proceedings related only to citations, arrests, charges, or convictions for the commission of a criminal offense that has subsequently been decriminalized, legalized, or held to be unconstitutional …

(a) The Court shall order expungement of all criminal records and court proceedings related only to citations, arrests, or charges for the commission of a criminal offense on the grounds of actual innocence if: (1) The case was terminated by the prosecutor or otherwise reached a …

(a) The effect of expungement shall be to restore a person, in the contemplation of the law, to the status they occupied before being cited, arrested, charged, or convicted. (b) No person as to whom criminal record expungement relief has been granted shall be held thereafter unde…

(a) Except as otherwise provided in this chapter and in subsection (b) of this section, the Court shall order automatic sealing of all criminal records and court proceedings related to: (1) Citations, arrests, or charges for the commission of a criminal offense; provided, that th…

(a) The Court shall order the sealing of all criminal records and court proceedings related to: (1) Citations, arrests, and charges for the commission of a criminal offense; provided, that: (A) The case was terminated by the prosecutor or otherwise reached a final disposition and…

(a) The effect of criminal record sealing shall be to remove all records related to a citation, arrest, charge, prosecution, disposition, or conviction from public view and to permit restricted, nonpublic access by specific parties for specific purposes. (b) No person as to whom …

The sealing and expungement relief available under this chapter shall apply retroactively.

This chapter shall not supersede any other provision of the District of Columbia Official Code providing for the expungement, sealing, or setting aside of criminal citations, arrests, charges, or convictions.

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 …

(a)(1) A third party may file a complaint for custody of a child or a motion to intervene in any existing action involving custody of the child under any of the following circumstances: (A) The parent who is or has been the primary caretaker of the child within the past 3 years c…

(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 th…

(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 par…

(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 par…

(a) The court shall award custody of the child to the third party upon determining: (1) The presumption in favor of parental custody has been rebutted; and (2) Custody with the third party is in the child’s best interests. (b) The third party seeking custody shall bear the burden…

(a) To determine that the presumption favoring parental custody has been rebutted, the court must find, by clear and convincing evidence, one or more of the following factors: (1) That the parents have abandoned the child or are unwilling or unable to care for the child; (2) That…

(a) In determining whether custody with a third party, pursuant to this chapter, is in the child’s best interests, the court shall consider all relevant factors, including: (1) The child’s need for continuity of care and caretakers, and for timely integration into a stable and pe…

(a)(1) During the pendency of any proceeding under this chapter, the court may determine, in accordance with the provisions of this chapter, the custody of the child pending final determination of that issue. (2) The pendente lite hearing shall be held no later than 30 days after…

An order awarding physical or legal custody of a child to a third party shall not terminate the parent and child relationship, including: (1) The right of the child to inherit from his or her parent; (2) The parent’s right to visit or contact the child, except as limited by court…

(a) An award of custody to a third party under this chapter may be modified or terminated upon the motion of any party, or on the court’s own motion, upon a determination that there has been a substantial and material change in circumstances and that the modification or terminati…

The court shall retain jurisdiction to enforce, modify, or terminate a custody order issued under this chapter, subject to the provisions of Chapter 46 of this title, until the child reaches 18 years of age.

Nothing in this chapter shall be construed to limit the ability of any person to seek custody of a child under any other statutory, common law, or equitable cause of action or to preempt any authority of the court to hear and adjudicate custody claims under the court’s common law…

For the purposes of this chapter, the term: (1) “Cash medical support” means an amount ordered to be paid toward the cost of health insurance provided by a public entity or by another parent, through employment or otherwise, or for extraordinary medical expenses as defined in § 1…

(a) Except as provided in subsection (b) of this section, no action for divorce or legal separation shall be maintainable unless one of the parties to the marriage has been a bona fide resident of the District of Columbia for at least 6 months next preceding the commencement of t…

A decree annulling the marriage as illegal and void may be rendered on any of the grounds specified by sections 46-401.01 and 46-403 as invalidating a marriage.

(a) A divorce from the bonds of marriage may be granted upon the assertion by one or both parties that they no longer wish to remain married. (b) A legal separation from bed and board may be granted upon at least one party's assertion that they intend to pursue a separate life wi…

(a) The court may revoke its decree of legal separation at any time, upon the joint application of the parties to be discharged from the operation of the decree. (b) The court may enlarge its decree of legal separation to an absolute divorce upon application of the party to whom …

Where a legal separation has been decreed the court may afterwards decree an absolute divorce between the parties for any cause arising since the first decree and sufficient to entitle the complaining party to the second decree.

(a) The term “legitimate” or “legitimated” means that the parent-child relationship exists for all rights, privileges, duties, and obligations under the laws of the District of Columbia. (b) The term “born out of wedlock” solely describes the circumstances that a child has been b…

A child is the legitimate child of any parent under which a parent-child relationship is established pursuant to § 16-909, and is the legitimate relative of its parents’ relatives by blood or adoption and entitled to all rights, privileges, duties, and obligations under the laws …

(a) A father-child relationship is established by an adjudication of a man’s parentage, by operation of subsection (e) of this section, or by an unrebutted presumption pursuant to this subsection. There shall be a presumption that a man is the father of a child: (1) If he and the…

(a) Paternity may be established by: (1)(A) A written statement of the father and mother signed in the District under oath (which may include signature in the presence of a notary) that acknowledges paternity; provided, that before the parents sign the acknowledgment, both have b…

The District of Columbia government shall give full faith and credit to the determinations of parentage made by other states, whether established through voluntary acknowledgment or through an administrative or judicial process.

(a) For the purposes of this section, the term “birthing hospital” means a hospital that has an obstetric care unit or provides obstetric services, or a birthing center. (b)(1) Each public and private birthing hospital in the District of Columbia shall operate a program that, imm…

(a) The Registrar of Vital Records shall offer to any person seeking to file or amend a birth certificate that does not include the names of 2 parents: (1) Written materials concerning paternity establishment; (2) Forms necessary to acknowledge paternity voluntarily that meet the…

The Mayor is authorized to establish voluntary paternity establishment services at entities other than hospitals, or the Vital Records Office, by publishing a notice of such location in the D.C. Register. The Mayor may only designate entities that meet the applicable federal requ…

(a) Upon entry of a final decree of legal separation, annulment, or divorce, or upon the termination of a domestic partnership pursuant to § 32-702(d) or § 16-904(e) and the filing of a petition for relief available under this section, in the absence of a valid antenuptial or pos…

(a) During the pendency of an action for legal separation, divorce, the termination of a domestic partnership pursuant to § 32-702(d) or § 16-904(e), where one of the domestic partners has filed a petition for relief available under this section, or an action by a spouse to decla…