Limitations on law enforcement actions against sexual assault victims seeking medical treatment. (a) A sexual assault victim, when the sexual assault victim is seeking emergency medical treatment or medical forensic care related to a sexual assault, or a victim, as that term is defined in § 23-1904a(a)(4), when the victim is seeking emergency medical treatment or medical forensic care at a hospital related to an intentionally inflicted gunshot or stab wound, shall not be subject to a subsequent custodial arrest by a law enforcement officer unless a warrant for the sexual assault victim's arrest or the victim's arrest has been issued by a competent court of jurisdiction for the commission of a: (1) Dangerous crime, as that term is defined in § 23-1331(3); or (2) Crime of violence, as that term is defined in § 23-1331(4). (b) A law enforcement officer who is prohibited from making a custodial arrest under subsection (a) of this section may issue a field arrest form to the sexual assault victim or victim in lieu of making a custodial arrest; provided, that the issuance of a field arrest form does not at that time pose health or safety risks to the sexual assault victim or ual assault victim or victim in lieu of making a custodial arrest; provided, that the issuance of a field arrest form does not at that time pose health or safety risks to the sexual assault victim or victim. (Apr. 6, 2023, D.C. Law 24-341, § 110(d), 69 DCR 14698; June 8, 2024, D.C. Law 25-175, § 30(j), 71 DCR 2732.) Emergency Legislation For temporary (90 days) amendment of this section, see § 25(g) of Secure DC Omnibus Congressional Review Emergency Amendment Act of 2024 (D.C. Act 25-490, June 7, 2024, 71 DCR 7006). For temporary (90 days) amendment of this section, see § 25(g) of Secure DC Omnibus Emergency Amendment Act of 2024 (D.C. Act 25-410, Mar. 11, 2024, 71 DCR 2693).
District of Columbia Legal Code