CHAPTER 40
BIAS-RELATED CRIME

Section

22-4001. Definitions.
22-4002. Collection and publication of data.
22-4003. Bias-related crime.
22-4004. Civil action.

§ 22-4001. Definitions.

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, family responsibility, physical handicap, 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.

(May 8, 1990, D.C. Law 8-121, § 2, 37 DCR 27.)

§ 22-4002. Collection and publication of data.

(a) The Metropolitan Police force shall afford each crime victim the opportunity to submit with the complaint a written statement that contains information to support a claim that the designated act constitutes a bias-related crime.

(b) The Mayor shall collect and compile data on the incidence of bias-related crime.

(c) Data collected under subsection (b) of this section shall be used for research or statistical purposes and may not contain information that may reveal the identity of an individual crime victim.

(d) The Mayor shall publish an annual summary of the data collected under subsection (b) of this section and transmit the summary and recommendations based on the summary to the Council.

(May 8, 1990, D.C. Law 8-121, § 3, 37 DCR 27.)

§ 22-4003. Bias-related crime.

A person charged with and found guilty of a bias-related crime shall be fined not more than 11/2 times the maximum fine authorized for the designated act and imprisoned for not more than 11/2 times the maximum term authorized for the designated act.

(May 8, 1990, D.C. Law 8-121, § 4, 37 DCR 27.)

§ 22-4004. Civil action.

(a) Irrespective of any criminal prosecution or the result of a criminal prosecution, any person who incurs injury to his or her person or property as a result of an intentional 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, family responsibilities, physical handicap, matriculation, or political affiliation of a victim of the subject designated act shall have a civil cause of action in a court of competent jurisdiction for appropriate relief, which includes:

(1) An injunction; (2) Actual or nominal damages for economic or non-economic loss, including damages for emotional distress; (3) Punitive damages in an amount to be determined by a jury or a court sitting without a jury; or (4) Reasonable attorneys' fees and costs.

(b) In a civil action pursuant to subsection (a) of this section, whether an intentional act has occurred that demonstrates an accused's prejudice based on the actual or perceived color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, physical handicap, matriculation, or political affiliation of a victim of the subject designated act shall be determined by reliable, probative, and substantial evidence.

(c) The parent of a minor shall be liable for any damages that a minor is required to pay under subsection (a) of this section, if any action or omission of the parent or legal guardian contributed to the actions of the minor.

(May 8, 1990, D.C. Law 8-121, § 5, 37 DCR 27.)