Protecting Victims Amendment Act of 2026

MURIEL BOWSER
MAYOR

April 27, 2026

The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004

Dear Chairman Mendelson:

Enclosed for consideration and enactment by the Council of the District of Columbia is the
“Protecting Victims Act of 2026” . This legislation strengthens the District’s ability to protect
victims of domestic violence, hold offenders accountable, and safeguard the privacy of those who
come forward to report abuse. It enhances enforcement tools across every stage of the criminal
justice process, from pretrial decision making to postconviction supervision. The bill improves the
enforcement of existing court or ders designed to keep victims safe and strengthens pretrial
detention laws to address the ongoing risks posed by repeat domestic violence offenders. In
addition, the legislation updates key criminal statutes to ensure greater accountability. It amends
the kidnapping statute to more clearly articulate prohibited conduct, improving the District’s ability
to hold offenders responsible when they restrict a victim’s movement or liberty. It also clarifies the
burglary statute to hold offenders accountable when th ey enter or remain in a dwelling with the
intent to commit a crime, closing a gap in current law that requires criminal intent only at the point
of entry. Finally, to further protect victim privacy, the bill amends MPD’s public disclosure
requirements to prevent the improper re lease of identifying information for crime victims,
including domestic violence victims, as well as individuals who report on their behalf.

Specifically, it will:
• Hold offenders accountable for repeated violations of temporary and civil protection
orders.
• Improve enforcement of stay away and no-contact orders imposed as conditions of
release in pending criminal cases.
• Strengthen consequences for violations of postconviction stayaway and no-contact orders
in misdemeanor intrafamily offenses and sex offenses.
• Make permanent the Council’s prior changes to pretrial detention authority.
• Give the Courts the ability to detain offenders charged with an offense against an intimate
partner when they have a documented history of domestic violence or were subject to a
protection order at the time of the offense.
• Create a new detention authority for individuals charged in an intrafamily offense who, at
the time of the offense, were on release pending trial or sentencing in another intrafamily
offense.
• Add felony threats and felony violations of temporary or civil protection orders to the
definition of “dangerous crime” when committed against an intimate partner.

This legislation provides essential tools to safeguard victims, improve accountability for offenders,
and strengthen community safety. I urge the Council to take prompt and favorable action on the
enclosed legislation.

Sincerely,

Muriel Bowser
Mayor
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at the request of the Mayor
A BILL
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
16 To amend section 16- 1005 of the District of Columbia Official Code to establish a felony
17 offense for repeated violations of temporary and civil protection orders and require that
18 the person not be released from prison, granted probation, or granted suspension of
19 sentence prior to serving the mandatory minimum ; to amend section 23-1329 of the
20 District of Columbia Official Code to establish a rebuttable presumption in favor of
21 detention for defendants on conditional release who commit a new offense against the
22 same victim and increase penalties for violations of specific release conditions; to amend
23 section 23-1329 of the District of Columbia Official Code to establish a felony offense
24 for violations of post-conviction stay away and no contact orders resulting from
25 misdemeanor intrafamily offenses or misdemeanor sexual offenses; to permanently
26 codify D.C. Superior Court judge authority to detain violent offenders pretrial by
27 expanding the charges eligible for a rebuttable presumption of detention; to establish a
28 basis for a non-discretionary hold for individuals charged with an intrafamily offense
29 who were released pending trial or sentencing in another intrafamily offense case at the
30 time of the offense; to amend 23-1322 of the District of Columbia Official Code to
31 establish D .C. Superior Court judge authority to detain offenders charged with an offense
32 against an intimate partner who have a history of domestic violence or were subject to a
33 protection order at the time of the offense; to amend section 23-1331 of the District of
34 Columbia Official Code to add felony threats and felony violations of temporary or civil
35 protection orders to the definition of "dangerous crime" if those offenses are committed
36 against an intimate partner; to amend section 22-2001 of the District of Columbia Official
37 Code to clarify the definition of kidnapping and establish three degrees of kidnapping,
38 distinguished based on the level of intent and the nature of the abduction; to amend
39 section 22-3302 of the District of Columbia Official Code to establish a felony version of
40 unlawful entry; to establish penalty enhancements for violence and threats where the
41 offender knew or consciously disregarded a substantial and unjustifiable risk that the
42 victim was pregnant; to establish a new offense to address circumstances in which the
43 defendant committed certain intrafamily offenses in the presence of a child, or where the
44 child witnessed the offense, including by sight, sound, or otherwise; and, to amend
45 section 5-113.06 of the District of Columbia Official Code to protect the privacy and
security of victims of and witnesses to crimes from public disclosure by the Metropolitan 46
Police Department. 47
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 49
act may be cited as the “Protecting Victims Amendment Act of 2026”. 50
Sec. 2. Chapter 10 of Title 16 of the District of Columbia Official Code is amended as 51
follows: 52
(a) Section 16-1005 is amended as follows 53
(1) Paragraph (f)(2) is amended by striking the word “both” and inserting the 54
phrase “both, except as set forth in subsection (g-1) of this section” in its place. 55
(2) Paragraph (g)(1) is amended by striking the word “misdemeanor” and 56
inserting the phrase “misdemeanor, except as set forth in subsection (g-1) of this section” in its 57
place. 58
(3) Paragraph (g)(2) is amended by striking the word “both” and inserting the 59
phrase “both, except as set forth in subsection (g-1)” in its place. 60
(4) Subsection (g-1) is redesignated as subsection (g-3) 61
(5) New subsections (g-1) and (g-2) are added to read as follows: 62
“(g-1) A person convicted under subsection (f) or (g) of this section who has one or more 63
prior convictions pursuant to subsections (f) and (g) of this section, not committed on the same 64
occasion, shall be fined not more than the amount set forth in D.C. Official Code § 22-3571.01 65
and imprisoned for a mandatory minimum term of not less than 1 year and a maximum term of 66
not more than 5 years, or both. A person sentenced under this subsection shall not be released 67
from prison, granted probation, or granted suspension of sentence, prior to serving the 68
mandatory-minimum term. 69
“(g-2) A person shall be considered to have a prior conviction pursuant to subsection (f) 70
or (g) of this section if the person was previously convicted of a crime under the laws of any 71
other jurisdiction that involved conduct that would, if committed in the District of Columbia, 72
constitute a violation of subsection (f), (g), or (g-1) of this section or conduct that is substantially 73
similar to conduct constituting a violation under subsection (f), (g), or (g-1) of this section.”. 74
Sec. 3. Title 23 of the District of Columbia Official Code is amended as follows: 75
(a) Section 23-1322 is amended as follows: 76
(1) A new subsection (a-1) is added to read as follows: 77
“(a-1) The judicial officer shall order the detention of a person charged with an 78
intrafamily offense as defined in § 16-1001(8) for a period of not more than 5 days, excluding 79
Saturdays, Sundays, and holidays, pending a hearing under § 23-1329(b), and direct the attorney 80
for the government to notify the appropriate court, probation or parole official, or local or state 81
law enforcement official of the detention, if the judicial officer determines that the person 82
charged with an intrafamily offense was, at the time the offense was committed: 83
“(1) On release pending trial for a felony or misdemeanor under local, state, or 84
federal law involving an intrafamily offense as defined in § 16-1001(8); or 85
“(2) On release pending imposition or execution of sentence, appeal of sentence 86
or conviction, or completion of sentence, for any offense under local, state, or federal law 87
involving an intrafamily offense as defined in § 16-1001(8).”. 88
(2) Subsection (b)(1) is amended as follows: 89
(A) Subparagraph (C) is amended by striking the phrase “; or” and 90
inserting a semicolon in its place. 91
(B) Subparagraph (D) is amended by striking the period and inserting the 92
phrase “; or” in its place. 93
(C) A new subparagraph (E) is added to read as follows: 94
“(E) Any intrafamily offense as defined in § 16-1001(8) if, at the time of 95
the offense, the person: 96
“(i) Previously had been convicted, within 5 years of the date of 97
the offense, of an intrafamily offense as defined in § 16-1001(8) or a crime under the laws of any 98
other jurisdiction that involved conduct that, if committed in the District of Columbia, would 99
constitute an intrafamily offense as defined in § 16-1001(8); or 100
“(ii) Was subject to a temporary protection order or civil protection 101
order issued pursuant to § 16-1005 or any valid foreign protection order as defined in § 16-102
1041(2).”. 103
(b) Section 23-1331(3) is amended as follows: 104
(1) Subparagraph (I) is amended by striking the phrase “; or” and inserting a 105
semicolon in its place. 106
(2) Subparagraph (J) is amended by striking the period at the end and inserting the 107
phrase “; or” in its place. 108
(3) A new subparagraph (K) is added to read as follows: 109
“(K) Any of the following felony offenses committed against an intimate 110
partner as defined in § 16-1001(6A): 111
“(i) Threatening to kidnap or injure a person or damage his or her 112
property under section 1502 of An Act To assist State and local governments in reducing the 113
incidence of crime, to in- crease the effectiveness, fairness, and coordination of law enforcement 114
and criminal justice systems at all levels of government, and for other purposes approved Une 115
19, 1968 (82 Stat. 238; D.C. Official Code § 22-1810). 116
“(ii) Any felony offense under § 16-1005(g-1).”. 117
(c) Section 23-1329 is amended as follows: 118
(1) Subsection (b)(2) is amended to read as follows: 119
“(2) There shall arise a rebuttable presumption that no condition or combination 120
of conditions will assure the safety of any other person or the community if there is probable 121
cause to believe that, while on release, the person committed: 122
“(A) A dangerous or violent crime, as defined by § 23-1331;” 123
“(B) Any offense against the victim in a case in which the person was 124
conditionally released; or 125
“(C) An offense under the laws of any other jurisdiction substantially 126
similar to an offense described in subparagraph (A) or (B) of this paragraph.” 127
(2) Subsection (c) is amended to read as follows: 128
“(c) Contempt sanctions may be imposed if, upon a hearing and in accordance with 129
principles applicable to proceedings for criminal contempt, it is established that such person has 130
intentionally violated a condition of his release. Such contempt proceedings shall be expedited 131
and heard by the court without a jury. A judicial officer or a prosecutor may initiate a proceeding 132
for contempt under this section. Any person found guilty of criminal contempt for violation of a 133
condition of release shall: 134
“(1) Be fined no more than the amount set forth in § 22-3571.01, or incarcerated 135
for no more than 180 days, or both if the condition of release was imposed for a misdemeanor 136
offense, other than a misdemeanor offense set forth in subsection (c)(2) of this section; or 137
“(2) Be fined no more than the amount set forth in § 22-3571.01, or incarcerated 138
for no more than 5 years, or both if the condition of release was imposed for a felony offense, 139
misdemeanor intrafamily offense as defined in § 16-1001(8), or misdemeanor sexual offense as 140
set forth in the Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; D.C. 141
Official Code § 22-3001 et seq.).”. 142
(d) Section 23-1329a(b) is amended as follows: 143
(1) Paragraph (1) is amended by striking the phrase “Misdemeanor offense” and 144
inserting the phrase “Misdemeanor offense, other than a misdemeanor offense set forth in 145
paragraph (2) of this subsection” in its place. 146
(2) Paragraph (2) is amended by striking the phrase “Felony offense” and 147
inserting the phrase “Felony offense, misdemeanor intrafamily offense as defined in § 16-148
1001(8), or misdemeanor sexual offense as set forth in Anti-Sexual Abuse Act of 1994, effective 149
May 23, 1995 (D.C. Law 10-257; D.C. Official Code § 22-3001 et seq.).”. 150
Sec. 4. The Secure D.C. Omnibus Amendment Act of 2024, effective June 8, 2024 (D.C. 151
Law 25-175; 71 DCR 7353) is amended as follows: 152
(a) Section 18(c)(2) is repealed. 153
(b) Section 30(k) is repealed. 154
Sec. 5. Chapter 19 of an Act To establish a code of law for the District of Columbia, 155
approved March 3, 1901 (31 Stat. 1189; codified in scattered sections of the D.C. Official Code), 156
is amended as follows: 157
(a) Section 812 (D.C. Official Code § 22-2001) is amended to read as follows: 158
“Sec. 812. Definitions. 159
“For the purposes of this chapter, the term: 160
“(a) “Abduct” means to interfere with an individual’s freedom of movement, whether by 161
moving or confining the individual. 162
“(b) “Bodily injury” shall have the same meaning as provided in § 22-3001(2). 163
“(c) “Confine” means to restrain, hold, imprison, or keep in place an individual for any 164
amount of time. 165
“(d) “Deception” means the use of a false representation, misrepresentation, or omission. 166
“(e) “Force” shall have the meaning as provided in § 22-3001(5).”. 167
(b) New sections 812a and 812b are added to read as follows: 168
“Sec. 812a. Kidnapping. 169
“(a) An actor commits kidnapping in the first-degree when the actor knowingly, by force, 170
threat, or deception: 171
“(1) Abducts an individual by either: 172
“(A) Moving the individual at least 20 feet, or 173
“(B) Confining the individual for at least 10 minutes; and 174
“(2) The actor’s intent is to: 175
“(A) Inflict bodily injury or death upon the individual; 176
“(B) Cause any person to believe that the individual will not be released 177
without suffering bodily injury, death, or an offense under the Anti-Sexual Abuse Act of 1994, 178
effective May 23, 1995 (D.C. Law 10-257; D.C. Official Code § 22-3001 et seq.); 179
“(C) Commit any felony or facilitate the commission of any felony or 180
flight thereafter; or 181
“(D) Receive financial gain. 182
“(b) An actor commits kidnapping in the second-degree when the actor knowingly, by 183
force, threat, or deception: 184
“(1) Abducts an individual by either: 185
“(A) Moving the individual at least 10 feet, or 186
“(B) Confining the individual for at least 5 minutes; and 187
“(2) The actor’s intent is to: 188
“(A) Inflict bodily injury or death upon the individual; 189
(B) Cause any person to believe that the individual will not be released 190
without suffering bodily injury, death, or an offense under the Anti-Sexual Abuse Act of 1994, 191
effective May 23, 1995 (D.C. Law 10-257; D.C. Official Code § 22-3001 et seq.); 192
“(C) Commit any criminal offense or facilitate the commission of any 193
criminal offense or flight thereafter; or 194
“(D) Receive financial gain. 195
“(c) An actor commits kidnapping in the third-degree when the actor knowingly, by 196
force, threat, or deception: 197
“(1) Abducts an individual by either: 198
“(A) Moving the individual any distance, or 199
“(B) Confining the individual for any period of time; and 200
“(2) The actor’s intent is to: 201
“(A) Inflict bodily injury or death upon the individual or cause any person 202
to believe that the individual will not be released without suffering bodily injury, death, or an 203
offense under the Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; 204
D.C. Official Code § 22-3001 et seq); 205
“(B) Commit any criminal offense or facilitate the commission of any 206
criminal offense or flight thereafter; 207
“(C) Receive financial gain; or 208
“(D) Restrict the complainant’s freedom of movement. 209
“(d) It is a defense to liability under subsections (a), (b), or (c) of this section that the 210
individual voluntarily consented to the abduction. 211
“(e)(1) Any actor convicted of first-degree kidnapping shall be fined not more than the 212
amount set forth in § 22-3571.01 or be imprisoned for not more than 30 years, or both. 213
“(2) Any actor convicted of second-degree kidnapping shall be fined not more 214
than the amount set forth in § 22-3571.01 or be imprisoned for not more than 15 years, or both. 215
“(3) Any actor convicted of third-degree kidnapping shall be fined not more than 216
the amount set forth in § 22-3571.01 or be imprisoned for not more than 180 days, or both. 217
“(f) Where multiple convictions for first degree kidnapping or second-degree kidnapping 218
and another offense arise from the same act or course of conduct, the sentencing court shall 219
follow the procedures specified in § 23-112. 220
“Sec. 812b. Attempt to commit kidnapping. 221
“Any person who attempts to commit an offense under section 812a shall be imprisoned 222
for not more than one half of the maximum prison sentence authorized for the offense, or fined 223
an amount not to exceed one half of the maximum fine authorized for the offense, or both.”. 224
(c) Section 824 (D.C. Official Code § 22-3302), is amended as follows: 225
(1) Subsection (a)(1) is amended by striking the phrase “or both” and inserting the phrase 226
“or both, except as provided in subsection (c) of this section” in its place. 227
(2) A new subsection (c) is added to read as follows: 228
“(c) Any person who violates subsection (a) of this section shall be fined not more than 229
the amount set forth in § 22-3571.01 or imprisoned for not more than 10 years, or both, if the 230
person, while unlawfully present in the private dwelling, building, or other property, or part of 231
such dwelling, building, or other property, commits: 232
“(1) An assault pursuant to section 806 of Chapter 19 of an Act To establish a 233
code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1322; D.C. Official 234
Code § 22-404); 235
“(2) Stalking pursuant to section 503 of the Omnibus Public Safety and Justice 236
Amendment Act of 2009 effective September 10, 2009 (D.C. Law 18-88; D.C. Official Code § 237
22-3133); 238
“(3) A threat to do bodily harm pursuant to section 2 of An Act To confer 239
jurisdiction on the police court of the District of Columbia in certain cases, approved July 16, 240
1912 (37 Stat. 193; D.C. Official Code § 22-407); or 241
“(4) Any crime of violence, as that term is defined in § 23-1331(4).”. 242
Sec. 6. The District of Columbia Theft and White Collar Crimes Act of 1982, effective 243
December 1, 1982 (D.C. Law 4-164; D.C. Official Code § 22-3201 et seq.), is amended as 244
follows: 245
(a) New sections 206 and 207 are added to read as follows: 246
“Sec. 206. Enhanced penalty for crimes against pregnant victims. 247
“(a) Any person who commits any offense listed in subsection (b) of this section against 248
an individual, and who knew or consciously disregarded a substantial possibility that the 249
individual was pregnant at the time of the offense, may be punished by a fine of up to 1 1/2 times 250
the maximum fine otherwise authorized for the offense and may be imprisoned for a term of up 251
to 1 1/2 times the maximum term of imprisonment otherwise authorized for the offense, or both. 252
“(b) The provisions of subsection (a) of this section shall apply to the following offenses: 253
“(1) Any crime of violence, as that term is defined in § 23-1331(4); 254
“(2) A threat to kidnap or injure or physically damage the property of any person 255
under section 1502 of the Omnibus Crime Control and Safe Streets Act of 1968, approved June 256
19, 1968 (82 Stat. 238; D.C. Official Code § 22-1810); 257
“(3) A threat to do bodily harm pursuant to section 2 of An Act To confer 258
jurisdiction on the police court of the District of Columbia in certain cases, approved July 16, 259
1912 (37 Stat. 193; D.C. Official Code § 22-407); 260
“(4) Stalking pursuant to section 503 of the Omnibus Public Safety and Justice 261
Amendment Act of 2009, effective September 10, 2009 (D.C. Law 18-88; D.C. Official Code § 262
22-3133), 263
“(5) Assault pursuant to section 806 of An Act To establish a code of law for the 264
District of Columbia, approved March 3, 1901 (31 Stat. 1322; D.C. Official Code § 22-404); or 265
“(6) An attempt or conspiracy to commit any of the foregoing offenses. 266
“Sec. 207. Enhanced penalty for intrafamily violence committed in the presence of a 267
child. 268
“(a) A person who commits an intrafamily offense listed in subsection (b) of this section 269
in the presence of the child, or where the child witnesses the offense, and who is at least 4 years 270
older than the child, shall be imprisoned for not more than 5 years and, in addition, may be fined 271
in an amount not more than the amount set forth in the Criminal Fine Proportionality 272
Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-273
3571.01). 274
“(b) Subsection (a) shall apply to the following intrafamily offenses: 275
“(1) An offense against an intimate partner, a family member, or a household 276
member that is punishable as: 277
“(A) Any crime of violence, as that term is defined in § 23-1331(4); 278
“(B) A threat to kidnap or injure or physically damage the property of any 279
person pursuant to section 1502 of the Omnibus Crime Control and Safe Streets Act of 1968, 280
approved June 19, 1968 (82 Stat. 238; D.C. Official Code § 22-1810); 281
“(C) A threat to do bodily harm pursuant to section 2 of An Act To confer 282
jurisdiction on the police court of the District of Columbia in certain cases, approved July 16, 283
1912 (37 Stat. 193; D.C. Official Code § 22-407); 284
“(D) Stalking pursuant to section 503 of the Omnibus Public Safety and 285
Justice Amendment Act of 2009 (D.C. Law 18-88; D.C. Official Code § 22-3133); 286
“(E) Assault pursuant to section 806 of An Act to establish a code of law 287
for the District of Columbia, approved March 3, 1901 (31 Stat. 1322; D.C. Official Code § 22-288
404); or 289
“(F) Any attempt or conspiracy to commit any of the foregoing offenses. 290
“(2) An offense punishable as cruelty to animals, under section 2 of Chapter 106 291
of the Acts of the Legislative Assembly, approved August 23, 1871; (D.C. Official Code § 22-292
1002), against an animal that an intimate partner, family member, or household member owns, 293
possesses, or controls. 294
“(c) It is an affirmative defense for violations under this section that the accused 295
reasonably believed that the child was not present at the time of the offense and that the child 296
would not be able to witness the offense. This defense shall be established by a preponderance of 297
the evidence. 298
“(d) For the purposes of this section, the term “child” means a person under 16 years of 299
age at the time of the offense.”. 300
Sec. 7. Section 389 of the Revised Statutes of the District of Columbia (D.C. Official 301
Code § 5-113.06) is amended as follows: 302
(a) Subsection (a) is amended by: 303
(1) Striking the phrase “subsection (c)” and inserting the phrase “subsection (d)” 304
in its place; and 305
(2) Striking the phrase “section 386” and inserting the phrase “section 386(a)” in 306
its place. 307
(b) Subsection (d) is amended to read as follows: 308
“(d)(1) Notwithstanding subsections (a) and (b) of this section, the following shall be 309
withheld from public inspection: 310
“(A) The actual addresses of participants in the Address Confidentiality 311
Program established by section 102 of the Address Confidentiality Act of 2018, approved July 3, 312
2018 (D.C. Law 22-118; D.C. Official Code § 4-555.02); and 313
“(B) The name and address or residence of a complainant who is alleged 314
to be the victim of or witness to a criminal offense.”. 315
“(2) Paragraph (1) of this subsection shall not create any limitation on or 316
expansion of the scope of discovery in a criminal, civil, or administrative proceeding.”. 317
Sec. 8. Fiscal impact statement. 318
The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 319
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 320
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 321
Sec. 9. Effective date. 322
This act shall take effect following approval by the Mayor (or in the event of veto by the 323
Mayor, action by the Council to override the veto), a 60-day period of Congressional review as 324
provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December 325
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)), and publication in the District of 326
Columbia Register. 327
Government of the District of Columbia
Office of the Chief Financial Officer

Glen Lee
Chief Financial Officer

1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727 -2476
www.cfo.dc.gov
MEMORANDUM

TO: The Honorable Phil Mendelson
Chairman, Council of the District of Columbia

FROM: Glen Lee
Chief Financial Officer

DATE: April 15, 2026

SUBJECT: Fiscal Impact Statement – Protecting Victims Amendment Act of 2026

REFERENCE: Draft bill as provided to the Office of Revenue Analysis on March 30,
2026

Conclusion

Funds are sufficient in the fiscal year 2026 budget and proposed fiscal year 2027 through fiscal year
2030 budget and financial plan to implement the bill.

Background

Chapter 10 of Title 16 of the District of Columbia Official Code governs proceedings regarding
intrafamily offenses. Current law1 states that violating temporary protection orders (TPOs), civil
protection orders (CPOs), or valid foreign protection orders (FPOs) is punishable as criminal
contempt, chargeable as a misdemeanor offense, and subject to the maximum fine allowed under the
law2, up to 180 days in jail, or both. The bill amends the law to enhance penalties for repeat offenders.
A person convicted of violating a protection order who has one or more prior3, separate convictions
for the same type of offense must receive the maximum fine allowed2 and a mandatory minimum
prison term of 1 year, up to a maximum of 5 years. The bill prohibits the reduction of the mandatory
minimum and disallows the use of probation, early release, or suspended sentencing before the full
year is served.

1 D.C. Official Code § 16–1005.
2 D.C. Official Code § 22–3571.01 provides the schedule of fines for criminal offenses.
3 A previous conviction counts as a prior offense not only if it occurred in the District, but also if it occurred in
another jurisdiction for conduct that would be considered the same or substantially similar to violations of
those subsections.
The Honorable Phil Mendelson
FIS: “Protecting Victims Amendment Act of 2026”, Draft Bill as provided to the Office of Revenue Analysis on
March 30, 2026
Page 2 of 4

The bill requires a judicial officer to detain a person charged with an intrafamily offense for up to five
days (excluding weekends and holidays) until a hearing can be held. This non-discretionary hold is
only required for individuals charged in an intrafamily offense who were, at the time of the offense,
released pending trial or sentencing in another intrafamily offense case 4. The judicial officer must
also notify the appropriate authorities if, at the time of the offense, the person was already on release
while awaiting trial for another intrafamily offense; or on release while awaiting sentencing, serving
a sentence, or appealing a conviction for an intrafamily offense.

Current law 5 requires that a judicial officer hold a hearing to determine whether any release
conditions can reasonably ensure the defendant’s appearance and protect the safety of others and
the community. This hearing is required when the case involves: a violent crime6; an obstruction of
justice–related offense; a serious risk that the defendant will obstruct justice or threaten or harm a
witness or juror; and/or a serious risk that the defendant will flee. The bill expands the reasons a
hearing is required to include that an offense committed against an intimate partner qualifies for
enhanced treatment if, at the time of the offense, the perpetrator had a prior conviction within the
previous five years for an intrafamily or comparable offense, or was subject to a TPO, CPO or FPO.

The bill expands the definition for dangerous crime7 to include felony offenses committed against an
intimate partner ; threatening to kidnap or injure a person or damage property; and any felony
intrafamily offense.

Current law8 provides for proceedings to revoke an individual’s release and place the individual in
temporary custody upon initiation by the Pretrial Services Agency, the prosecutor, or the court, and
permits a judicial officer to issue an arrest warrant for violations of release conditions 9. The bill
authorizes the imposition of criminal contempt sanctions when the court determines, after an
expedited non‑jury hearing, that a defendant intentionally violated a release condition. Contempt
proceedings may be initiated by either the prosecutor or a judicial officer. Penalties depend on the
underlying offense for which release was granted ; violations related to misdemeanors carry up to
180 days’ imprisonment and a fine 2, while violations tied to felonies, misdemeanor intrafamily
offenses, or misdemeanor sexual offenses carry up to five years’ imprisonment and the same
maximum fine2.

The bill makes permanent certain expiring provisions in the Secure DC Omnibus Amendment Act of
2024,10 including:
Pre-trial detention provisions of a child relating to substantial probability that the child committed
certain crimes.
• Edits that replaced certain references to “crime or crime of violence” with “crime.”
• Specifying that the term “crime of violence” is defined in D.C. Official Code § 23‑1331(4).

4 All others would still be under the optional hold pursuant to D.C. Official Code § 23-1322(a)(1).
5 D.C. Official Code § 23–1322(b)(1).
6 Defined in D.C. Official Code § 23-1331(4).
7 D.C. Official Code § 23–1331(3).
8 D.C. Official Code § 23–1329.
9 Either probable cause that the defendant committed an offense while on release, or clear and convincing
evidence that another release condition was violated; and either that no condition or combination of
conditions will reasonably assure the defendant’s appearance and the safety of the community .
10 D.C. Law 25-175, effective June 8, 2024 (D.C. Law 25-175; 71 DCR 7353).
The Honorable Phil Mendelson
FIS: “Protecting Victims Amendment Act of 2026”, Draft Bill as provided to the Office of Revenue Analysis on
March 30, 2026
Page 3 of 4

• Requiring judges provide a written explanation when releasing a person who falls under a
rebuttable presumption of detention.
• Extending permissible continuances to 45 days.
• Replacing the requirement of showing “substantial probability” with “probable cause.”
• Expanding the types of weapons covered that would restrict pretrial release for first degree
murder, second degree murder, and assault with intent to kill while armed cases or after
conviction by adding “other deadly or dangerous weapon.”
• Retaining the expansion of the definition of “dangerous crime” to include any felony under
Title 22, Chapter 30 (sexual abuse offenses).
• Expanding the definition of “crime of violence” in paragraph (4) to include misdemeanor
sexual abuse, misdemeanor sexual abuse of a child or minor, and strangulation.

The bill adds definitions for specific terms 11, establishes a new section under criminal offenses
related to kidnapping , and defines three levels of kidnapping based on distance, the duration of
confinement, and the kidnapper’s intentions.
• First‑degree kidnapping occurs when an individual knowingly uses force, threats, or lies to
take or confine another person ; moves them 20 feet or more or keeps them 10 minutes or
more; and intends to cause serious harm or death, make someone believe serious harm or
death will happen, commit or help with a felony or the escape afterward , receive money or
some other financial benefit, and/or limit the person’s ability to move freely. This degree of
kidnapping is punishable with a maximum of 30 years in prison and/or a fine2.
• Second‑degree kidnapping occurs when a n individual moves a person 10 feet or more or
keeps them 5 minutes or more , and intends to cause serious harm or death, make someone
believe serious harm or death will happen , commit or help with any crime or escape
afterward, and/or receive money or financial benefit. This degree of kidnapping is punishable
with a maximum of 15 years in prison and/or a fine2.
• Third‑degree kidnapping occurs when an individual moves or keeps a person for any distance
or any amount of time , and intends to cause serious harm or death, make someone believe
serious harm or death will happen , commit or help with any crime or escape afterward ,
receive money or financial benefit , and/or l imit the person’s movement. This degree of
kidnapping is punishable with a maximum of 180 days in jail and/or a fine2.

The bill clarifies that consent12 is a defense to any kidnapping charge. If an individual is convicted of
kidnapping and other related crimes from the same incident, the court must follow special sentencing
rules. The bill also provides penalties for kidnapping attempts13.

The bill amends current law14 related to unlawful entry to add that a person who is unlawfully inside
someone else’s property can be punished by up to 10 years in prison, a fine2, or both if, while inside,
they commit or threaten an assault, engage in stalking, or commit any violent crime6.

11 That is, abduct, bodily injury, confine, deception, and force.
12 That is, that the person agreed to go or stay.
13 Not more than half of the maximum prison sentence authorized for the offense and, in addition, a fine not to
exceed half of the maximum fine authorized.
14 D.C. Official Code § 22-3302.
The Honorable Phil Mendelson
FIS: “Protecting Victims Amendment Act of 2026”, Draft Bill as provided to the Office of Revenue Analysis on
March 30, 2026
Page 4 of 4

The bill provides enhanced penalties for crimes against pregnant victims15 and intrafamily violence
committed in the presence of a child16.

District law17 provides for the Address Confidentiality Program (ACP), administered by the Office of
Victim Services and Justice Grants (OVSJG). It authorizes a substitute address for victims of domestic
violence, sexual offenses, trafficking, or stalking, to protect their actual address from FOIA18. District
law19 also withholds ACP participants’ information from public inspection as required for records
maintained by the Metropolitan Police Department (MPD) . The bill provides that victims of, or
witnesses to, a criminal offense may be added to the ACP.

Financial Plan Impact

Funds are sufficient in the fiscal year 2026 budget and proposed fiscal year 2027 through fiscal year
2030 budget and financial plan to implement the bill.

The bill primarily impacts penalties for intrafamily offenses. Currently, the federal government
employs and pays the costs of judicial proceedings, including prosecution of adults for felonies and
some misdemeanors, public defense, and the incarceration of convicted adults. The fiscal impact
statement is not required to assess any impacts of the bill on federal agencies. The population size
of affected persons is small and should not meaningfully impact the number of hearings at Superior
Court or people detained in adult and juvenile facilities. The Department of Corrections and the
Department of Youth Rehabilitation Services can absorb any additional fiscal impact due to the
expectation that their detention facilities may operate at full capacity. The Office of the Attorney
General and MPD anticipate no impacts from the bill.

15 One and a half times the maximum fine otherwise authorized for the offense and imprisonment for a term
of up to 1.5 times the maximum term of imprisonment otherwise authorized for the offense ; applicable for
any crime of violence; threats to kidnap or injure or physically damage the property of any person; threats to
do bodily harm; stalking, assault, or an attempt or conspiracy to commit any of the foregoing offenses.
16 The individual must be at least 20 years of age and is subject to imprisonment for not more than 5 years
and a possible fine; applicable for applicable for any crime of violence; threats to kidnap or injure or
physically damage the property of any person; threats to do bodily harm; stalking, assault, or an attempt or
conspiracy to commit any of the foregoing offenses; and includes animal cruelty.
17 D.C. Official Code § 4-555.02.
18 Freedom of Information Act, subchapter II of Chapter 5 of Title 2 of D.C. Official Code.
19 D.C. Official Code § 5–113.06.
1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004
Phone (202) 262-6402 Email: adele.el-khouri@dc.gov

GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL

BRIAN L. SCHWALB PRIVILEGED AND CONFIDENTIAL
ATTORNEY GENERAL ATTORNEY-CLIENT COMMUNICATION

LEGAL COUNSEL DIVISION

MEMORANDUM

TO: Tomás Talamante
Director
Office of Policy and Legislative Affairs

FROM: Adele El-Khouri
Deputy Attorney General
Legal Counsel Division

DATE: April 23, 2026

SUBJECT: Legal Sufficiency Review of Draft Bill, the “Protecting Victims Amendment Act of
2026”
(AE-26-266)
___________________________________________________________________________________

This is to Certify that the Office of the Attorney General has reviewed the
above-referenced legislation and found it to be legally sufficient. If you have any questions in this
regard, please do not hesitate to call me at (202) 262-6402.

_________________________________
Adele El-Khouri