For the first time in more than 100 years, the District of Columbia is working to overhaul its criminal code. The massive undertaking would have a big impact on the District's criminal justice system.
Crime in D.C. has been a problem with which lawmakers have wrestled for generations. But the criminal code the District follows has never been fully updated since Congress wrote it in 1901.
Children playing in the streets of D.C. is technically a criminal offense.... Our current criminal code is a mess.
DC Council member Charles Allen (Ward 6)
Ward 6 Council member Charles Allen is proposing a massive overhaul.
We've got the news you need to know to start your day. Sign up for the First & 4Most morning newsletter — delivered to your inbox daily. >Sign up here.
"Many members of Congress in 1901 were former slave holders. When we have a criminal code like that, it welcomes bias," Allen said. "We have a disproportionate, outdated hot mess of a criminal code right now."
Allen, who has oversight of public safety, points to one law still on the books.
"Children playing in the streets of D.C. is technically a criminal offense," he said. "That's crazy. Our current criminal code is a mess."
Local
Washington, D.C., Maryland and Virginia local news, events and information
The overhaul would address crimes such as robberies.
"Basically [right now], you just have robbery," Allen said. "And what we’ll have under a revised code is, we'll have both armed and unarmed robbery, but then different degrees: first, second and third degree, which really again helps the court, helps victims, helps defendants really know the harm that was done."
Allen points to the most common criminal charge as one that needs to be better defined.
"Simple assault is actually the number one charge in the District of Columbia, and yet if you go through the D.C. code, you won't find any description of what simple assault means," he said.
D.C. Police Chief Robert Contee supports updating the code, but said he has some concerns.
"It means a retraining of every officer, police officer, federal officer," Contee said.
"When you talk about defecating and urinating in public not being a criminal offense, that is problematic," Contee said. "When you talk about simple assault, the person would have to sustain some harm. What about a person who spit on someone? If you spit on someone, that should be codified in there as well."
The U.S. Attorney for the District of Columbia, while expressing some concerns, issued a statement calling the changes sorely needed.
The D.C. Council will have to vote on the proposed changes; then the changes would go to Mayor Muriel Bowser for her signature. If passed, it would be phased in over three years, taking full effect in late 2025.
