Section 16-1031 - Arrests

Arrests

(a) A law enforcement officer shall arrest a person if the law enforcement officer has probable cause to believe that the person:

(1) Committed an intrafamily offense that resulted in physical injury, including physical pain or illness, regardless of whether or not the intrafamily offense was committed in the presence of the law enforcement officer; or

(2) Committed an intrafamily offense that caused or was intended to cause reasonable fear of imminent serious physical injury or death.

(b) The law enforcement officer shall present the person arrested under subsection (a) of this section to the United States Attorney for charging.

CREDIT(S)

(Apr. 30, 1991, D.C. Law 8-261, § 2(c)(2), 37 DCR 5001; Mar. 25, 2009, D.C. Law 17-368, § 4(g), 56 DCR 1338.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., § 16-1031.
Effect of Amendments
D.C. Law 17-368, in subsec. (b), deleted “under section 16-1002” following “charging”.
Legislative History of Laws
Law 8-261, the “District of Columbia Prevention of Domestic Violence Amendment Act of 1990,” was introduced in Council and assigned Bill No. 8-192, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 26, 1990, and July 10, 1990, respectively. Signed by the Mayor on July 18, 1990, it was assigned Act No. 8-239 and transmitted to both Houses of Congress for its review.
For Law 17-368, see notes following § 16-801.

Current through September 13, 2012