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B26-0557 • 2025

Clemency Board Waiver Authority Emergency Amendment Act of 2026

Clemency Board Waiver Authority Emergency Amendment Act of 2026

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Pinto
Last action
2026-02-06
Official status
Enacted
Effective date
Not listed

Plain English Breakdown

The official text states the law remains in effect for no longer than 90 days, but does not specify an exact expiration date beyond that duration.

Clemency Board Waiver Authority Emergency Amendment Act of 2026

This law allows the District of Columbia Clemency Board to skip a five-year waiting period for pardon applicants if they receive written notice that federal officials have already granted such a waiver.

What This Bill Does

  • Amends Section 205 of the Clemency Board Establishment Act of 2018 by adding new rules about waivers.
  • Allows the Clemency Board to grant a waiver of the five-year waiting period for pardon applicants upon written request from the applicant.
  • Requires the Board to receive notice from the Office of the Pardon Attorney that federal officials waived the requirement before granting one locally.
  • Lets the Board ask for more information or meet with an applicant to discuss their waiver request.
  • Stops all action on a pardon application until the Board decides whether to grant or deny the waiver.

Who It Names or Affects

  • People in Washington, D.C. who apply for a pardon from the Clemency Board.
  • The District of Columbia Clemency Board members and staff.
  • The Office of the Pardon Attorney within the U.S. Department of Justice.

Terms To Know

Clemency Board
A group in Washington, D.C., that reviews requests for pardons and other relief from criminal penalties.
Waiver
An official permission to ignore a specific rule or requirement, such as waiting five years before applying.
Pardon Attorney
A federal lawyer in the Department of Justice who handles requests for presidential pardons and related waivers.

Limits and Unknowns

  • The Board cannot grant a waiver if the applicant is currently on probation, parole, or supervised release.
  • This law expires after 90 days unless extended by new legislation because it was passed as an emergency measure.
  • The Clemency Board can still deny a waiver request even if federal officials have approved one.

Bill History

  1. 2026-02-06 Council of the District of Columbia LIMS

    Act A26-0253 Published in DC Register Vol 73 and Page 001078, Expires on Apr 27, 2026

  2. 2026-02-02 Council of the District of Columbia LIMS

    Returned from Mayor

  3. 2026-01-27 Council of the District of Columbia LIMS

    Signed by the Mayor and Enacted with Act Number A26-0253, Expires on Apr 27, 2026

  4. 2026-01-20 Council of the District of Columbia LIMS

    Transmitted to Mayor, Response Due on Feb 02, 2026

  5. 2026-01-06 Council of the District of Columbia LIMS

    Retained by the Council

  6. 2026-01-06 Council of the District of Columbia LIMS

    Legislative Meeting

  7. 2026-01-02 Council of the District of Columbia LIMS

    B26-0557 Introduced by Councilmember Pinto at Office of the Secretary

Official Summary Text

Clemency Board Waiver Authority Emergency Amendment Act of 2026

Current Bill Text

Read the full stored bill text
ENROLLED ORIGINAL

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA.
JANUARY 27, 2026
Toamend,onanemergencybasis,section205oftheClemencyBoardEstablishmentActof2018toauthorizetheClemencyBoardto,forapplicantsseekingapardon,grantawaiverofthe5-yearwaitingperiod.
BEITENACTEDBYTHECOUNCILOFTHEDISTRICTOFCOLUMBIA,Thatthisactmaybecitedasthe“ClemencyBoardWaiverAuthorityEmergencyAmendmentActof2026”,
Sec.2.Section205of theClemency Board EstablishmentActof 2018,effective
December 13,2018 (D.C.Law 22-197;D.C. OfficialCode § 24-481.05),isamended by addinga
new subsection(f)toread as follows:
“(f)TheBoardmay,uponwrittenrequestoftheapplicant,grantawaiverofthe
requirementsofsubsection(c)(1)ofthissection;provided,that:
“(1)TheBoardshallonlygrantawaiverunderthissubsectionwheretheBoardisinreceiptof notice from theOfficeofthePardon AttorneythatthePardon Attorneyorthe
PresidentoftheUnitedStateshasprovidedtheapplicantwithawaiverofthe5-yearrequirement
pursuantto§9-140.112oftheDepartmentofJusticeManual;
“(2)The Board may declinetogranta waiverunderthissubsectioneven when the
Boardisinreceiptofthenoticedescribedinparagraph(1)ofthissubsection;
“(3)The Board shallnot granta waiverunder thissubsectionwhen theapplicant
isonprobation,parole,orsupervisedrelease;“(4)TheBoardmayrequestadditionalinformationfromtheapplicanttosupporttheirrequestfora waiverof subsection(c)(1)ofthis section,which may includea requestto
meetwiththeapplicanttodiscusstheirwaiverrequest;
“(5)The Board shallprovidetheapplicantwith writtennoticeof theBoard’s
decisiontograntor deny a waiverrequestpursuanttothissubsection;and
“(6)PriortotheBoardmakingadeterminationwhethertograntarequestforawaiverpursuanttothissubsection,theapplicant’sapplicationshallbedeferreduntiladeterminationismade.”.
ENROLLED ORIGINAL
Sec,3.Fiscalimpactstatement.
‘TheCounciladoptsthefiscalimpactstatementoftheBudget Directoras thefiscalimpact
statementrequiredby section4aof theGeneralLegislativeProceduresAct of 1975,approved
October 16,2006 (120 Stat.2038; D.C. OfficialCode § 1-301.47a).
Sec.4,Effectivedate.
ThisactshalltakeeffectfollowingapprovalbytheMayor(orintheeventofvetobytheMayor,actionbytheCounciltooverridetheveto),andshallremainineffectfornolongerthan90days,asprovidedforemergencyactsoftheCounciloftheDistrictofColumbiainsection412(a)oftheDistrictofColumbiaHomeRuleAct,approvedDecember24,1973(87Stat.788;D.C.OfficialCode§1-204.12(a)).
Va ua‘hairman
Councilof theDistrictof Columbia

APPROVED
January27,2026

DocketNo.826-0587
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COUNCILOF THEDISTRICTOF COLUMBIA
WASHINGTON,DC,20004
FinalReading
January6,2026
Approved

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