For the purposes of this chapter, the term:
(1) “Bias-related crime” means a designated act that demonstrates an accused's prejudice based on the actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibility, homelessness, physical disability, matriculation, or political affiliation of a victim of the subject designated act.
(2) “Designated act” means a criminal act, including arson, assault, burglary, injury to property, kidnapping, manslaughter, murder, rape, robbery, theft, or unlawful entry, and attempting, aiding, abetting, advising, inciting, conniving, or conspiring to commit arson, assault, burglary, injury to property, kidnapping, manslaughter, murder, rape, robbery, theft, or unlawful entry.
(3) “Gender identity or expression” shall have the same meaning as provided in § 2-1401.02(12A).
(4) “Homelessness” means:
(A) The status or circumstance of an individual who lacks a fixed, regular, and adequate nighttime residence; or
(B) The status or circumstance of an individual who has a primary nighttime residence that is:
(i) A supervised publicly or privately operated shelter designed to provide temporary living accommodations, including welfare motels, hotels, congregate shelters, and transitional housing for the mentally ill;
(ii) An institution that provides a temporary residence for individuals intended to be institutionalized; or
(iii) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.
CREDIT(S)
(May 8, 1990, D.C. Law 8-121, § 2, 37 DCR 27; Apr. 24, 2007, D.C. Law 16-305, § 37(a), 53 DCR 6198; June 25, 2008, D.C. Law 17-177, § 12(a), 55 DCR 3696; Mar. 25, 2009, D.C. Law 17-353, § 236(a), 56 DCR 1117; Dec. 10, 2009, D.C. Law 18-88, § 217(a), 56 DCR 7413.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-4001.
Effect of Amendments
D.C. Law 16-305, in par. (1), substituted “disability” for “handicap”.
D.C. Law 17-177, in par. (1), substituted “sexual orientation, gender identity or expression” for “sexual orientation”; and added par. (3).
D.C. Law 17-353 validated a previously made technical correction in par. (1).
D.C. Law 18-88, in par. (1), substituted “family responsibility, homelessness,” for “family responsibility,”; and added par. (4).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 217(a) of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).
For temporary (90 day) amendment of section, see § 217(a) of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
Legislative History of Laws
Law 8-121, the “Bias-Related Crime Act of 1989,” was introduced in Council and assigned Bill No. 8-168, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on November 21, 1989, and December 5, 1989, respectively. Signed by the Mayor on December 21, 1989, it was assigned Act No. 8-130 and transmitted to both Houses of Congress for its review.
For Law 16-305, see notes following § 22-3226.09.
For Law 17-177, see notes following § 22-2104.01.
For Law 17-353, see notes following § 22-3010.
For Law 18-88, see notes following § 22-402.