Title 5, Police, Firefighters, Medical Examiner, and Forensic Sciences.

(a) Any 2-way radio and related equipment used to commit a violation of §§ 5-1306 to 5-1309 shall be subject to forfeiture. (b) Property subject to forfeiture under §§ 5-1306 to 5-1309 may be seized by law-enforcement officials, as designated by the Mayor, upon process issued by …

The National Law Enforcement Officers Memorial Fund, Inc., is authorized to establish the National Law Enforcement Heroes Memorial on federal land in the District of Columbia or its environs to honor law enforcement officers who die in the line of duty.

(a) The Mayor shall obtain and review the design and plans for the memorial and, after consultation with the Council and the Joint Committee on Judicial Administration of the District of Columbia Courts, transmit recommendations to the Secretary of the Interior, the Commission of…

The District of Columbia shall not pay any expenses of the establishment or maintenance of the memorial.

(a) For the purposes of this chapter, the term: (1) "CME" means the Chief Medical Examiner within the OCME. (1A) “District” means the District of Columbia. (2) “Legal custody” includes imprisonment, jail, or detention. (2A) "OCME" means the Office of the Chief Medical Examiner. (…

(a) There is established as a subordinate agency in the Executive branch of the District government, the Office of the Chief Medical Examiner. (b) The Mayor shall nominate, with the advice and consent of the Council, a person to serve as the Chief Medical Examiner within the OCME…

(a) The CME shall appoint such qualified professional, investigative, technical and clerical personnel as the OCME may require, including administrators, medicolegal investigators, and a General Counsel. The General Counsel shall be appointed pursuant to subchapter VIII-B of Chap…

(a) The CME shall be responsible for all the medical functions formerly performed by the coroner in the District consistent with the provisions of this chapter. The CME and such other medical examiners as may be appointed may administer oaths and affirmations and take affidavits …

(a) The CME, other medical examiners, and medicolegal investigators (physician assistants or advanced practice registered nurses) licensed under subchapter V of Chapter 12 of Title 3, are authorized to make determinations of death. (b) Pursuant to regulations established by the M…

(a) For all deaths described in § 5-1405(b), the CME shall take charge of the body upon the mandatory and direct notification of the death required by subsection (b) of this section. The CME, or duly authorized representatives of the CME, shall have authority to respond to the sc…

(a) The OCME shall serve as the lead agency for the District's mass fatality management and mass fatality incident response. (b) The CME shall create a District mass fatality management response plan. (c)(1) The CME may enter into, request, or provide assistance under a mutual ai…

The CME is authorized to issue a subpoena for confidential medical records and relevant information from physicians, hospitals, nursing homes, residential care facilities and other health care providers as in the CME's opinion is necessary for investigating deaths under this chap…

(a) At the scene of any death subject to investigation under § 5-1405(b), the medical examiner, a medicolegal investigator, or a law enforcement officer shall take possession of any objects or articles which, in the opinion of the medical examiner, medicolegal investigator, or la…

(a) If, in the opinion of the CME, the cause and manner of death are established with a reasonable medical certainty, the CME shall complete a report of the medical examination of the decedent. (b) If, in the opinion of the CME, or the United States Attorney, further investigatio…

(a) If an autopsy is performed by a pathologist other than a medical examiner by request of the CME, the pathologist shall furnish to the CME, a complete record of the findings and conclusions of the autopsy. The CME, or assigned medical examiner, shall thereupon prepare a report…

(a) Following investigation or autopsy, the CME shall release the body of the decedent to the person having the right to the body for the purpose of burial or other disposition pursuant to law. If after a reasonable time, established by regulation by the Mayor, no authorized pers…

(a) The CME shall be responsible for maintaining full and complete records and files, properly indexed, giving the name, if known, of every person whose death is investigated, the place where the body was found, the date, cause and manner of death and all other relevant informati…

The records maintained pursuant to § 5-1412, or reproductions thereof certified by the CME, are admissible as evidence in any court in the District; except that, statements made by witnesses or other persons and conclusions upon nonmedical matters are not admissible.

In the case of unexplained, sudden, violent, or suspicious death, when the body is buried without investigation, or there has been an inadequate investigation, the United States Attorney for the District of Columbia, on the United States Attorney's own motion, or at the request o…

All positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be available to the Office of the Chief Medical Examiner and all the functions assigned and authority delegated to the Office of the Chief Medical …

(a) The Mayor shall promulgate proposed regulations to implement the provisions of this chapter. The proposed regulations shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does…

(a) The CME shall be responsible for ensuring the accuracy of blood and urine testing for the District’s impaired driving program. The CME may test or authorize the testing of specimens, as defined by § 50-1901(18), for the purposes of determining if specimens contain alcohol or …

(a) There is established as a special fund the Office of the Chief Medical Examiner Fund ("Fund"), which shall be administered by the Mayor in accordance with subsection (c) of this section. (b) All funds from fees received by OCME for services provided pursuant to § 5-1404(a-1) …

(a) There is established a Violence Fatality Review Committee ("Committee") within the Office of the Chief Medical Examiner ("OCME"). The OCME shall provide facilities, staffing, and other administrative support for the Committee. (b) The Committee shall evaluate homicides and su…

(a) The Mayor shall appoint one representative from each of the following District agencies: (1) The Office of the Attorney General; (2) The Office of the Chief Medical Examiner; (3) The Metropolitan Police Department; (4) The Office of Neighborhood Safety and Engagement; (5) The…

(a) Notwithstanding any other provision of law, immediately upon the request of the Committee and as necessary to carry out the Committee purpose and duties, the Committee shall be provided, without cost and without authorization of the persons to whom the information or records …

(a) When necessary for the discharge of its duties, the Committee may issue subpoenas to compel witnesses to appear, testify, or produce books, papers, correspondence, memoranda, documents, medical records, or other relevant records. (b) Except as provided in subsection (c) of th…

(a) Except as provided in this section, information and records obtained or created by the Committee are confidential and not subject to civil discovery or to disclosure pursuant to subchapter II of Chapter 5 of Title 2. (b) Information and records presented to the Committee for …

(a) Any person, hospital, or institution participating in good faith in providing information to the Committee pursuant to this chapter shall have immunity from administrative, civil, or criminal liability that might otherwise be incurred or imposed with respect to the disclosure…

Whoever knowingly discloses, receives, makes use of, or permits the use of information concerning a victim or other person in violation of this chapter shall be subject to a civil fine of not more than $1,000. Violations of this chapter shall be prosecuted by the Office of the At…

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter.

For the purposes of this chapter, the term: (1) “Board” means the Science Advisory Board established by § 5-1501.11. (2) “Department” means the Department of Forensic Sciences established by § 5-1501.02. (3) “Director” means the Director of the Department of Forensic Sciences. (4…

(a) There is established as a subordinate agency in the executive branch of the government of the District of Columbia, the Department of Forensic Sciences. (a-1) Not Funded. (b) The mission of the Department shall be to provide high-quality, timely, accurate, and reliable forens…

(a) The Department shall be headed by a Director who shall be appointed by the Mayor, with the advice and consent of the Council, pursuant to § 1-523.01(a). (b) The Director shall be knowledgeable about forensic science services and experienced in the rigors of scientific analysi…

(a) The Director shall: (1) Be responsible for the management and operation of the Department; (2) Ensure that accreditation is obtained in compliance with § 5-1501.06(d); (3) Ensure that accreditation is maintained in compliance with § 5-1501.06(d); (4) Report to the Board any a…

(a)(1) In addition to a Director, the Department shall have a Deputy Director, and other professional and support personnel as necessary and appropriate to carry out the Department's mission. (2) The Deputy Director shall have a masters or doctoral degree in an applicable area of…

(a) The Department shall provide forensic science services for the District of Columbia, which may include: (1) Forensic alcohol; (2) Computer forensics; (3) Analysis of controlled substances; (4) DNA/biological material analysis; (5) Fingerprint comparison; (6) Firearms and tool…

(a) There is established as a special fund the Department of Forensic Sciences Laboratory Fund ("Fund"), which shall be administered by the Director in accordance with subsection (c) of this section. (b) Revenue from the following sources shall be deposited in the Fund: (1) Annua…

(a) The Department shall be responsible for testing and certifying the accuracy of any District instrument utilized by District law enforcement personnel to test the alcohol content of breath. A District breath test instrument shall only be used by District law enforcement person…

(a) The Mayor shall provide for the orderly transfer to the Department all of the authority, responsibilities, duties, assets, and functions of MPD pertaining to forensic science services, including: (1) Forensic alcohol; (2) Computer forensics; (3) Analysis of controlled substan…

The facilities, equipment, or supplies of the Department shall not be used by an independent expert employed by the accused or his or her attorney for any reexamination of materials previously examined by the Department.

(a) Any allegation of professional negligence, misconduct, or misidentification or other testing error that occurs in the provision of forensic science services or public health laboratory services at the Department shall be: (1) Reported immediately to the Board; and (2) Investi…

(a) There is established a Science Advisory Board, which shall consist of 9 voting members to be appointed pursuant to § 1-523.01(f), as follows: (1) Five scientists with experience in scientific research and methodology, who have published in peer-reviewed scientific journals, a…

The Board shall: (1) Review all reports of allegations of professional negligence, misconduct, or misidentification or other testing error that occurred in the provision of forensic science services or public health laboratory services at the Department; (2) Periodically review t…

(a) There is established a Stakeholder Council, which shall consist of the following members: (1) The Deputy Mayor for Public Safety and Justice; (2) The Chief of MPD; (3) The Chief Medical Examiner; (4) The Attorney General; (5) The United States Attorney for the District of Col…

The Stakeholder Council shall: (1) Identify issues or concerns regarding: (A) The Department’s delivery of forensic science services or public health laboratory services to agencies, including the timeliness of service; and (B) The general effectiveness of the Department in the f…