For the purposes of this subchapter, the term:
(1) "Court of the District of Columbia" means the Superior Court of the District of Columbia or the District of Columbia Court of Appeals.
(2) "Juror" means any grand, petit, or other juror, or any person selected or summoned as a prospective juror of the District of Columbia.
(3) "Official action" means any decision, opinion, recommendation, judgment, vote, or other conduct that involves an exercise of discretion on the part of the public servant.
(4) "Official duty" means any required conduct that does not involve an exercise of discretion on the part of the public servant.
(5) "Official proceeding" means any trial, hearing, investigation, or other proceeding in a court of the District of Columbia or conducted by the Council of the District of Columbia or an agency or department of the District of Columbia government, or a grand jury proceeding.
(6) "Public servant" means any officer, employee, or other person authorized to act for or on behalf of the District of Columbia government. The term "public servant" includes any person who has been elected, nominated, or appointed to be a public servant or a juror. The term "public servant" does not include an independent contractor.
(Dec. 1, 1982, D.C. Law 4-164, § 301, 29 DCR 3976; May 7, 1993, D.C. Law 9-268, § 2(a), 39 DCR 5702.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-711.
Legislative History of Laws
For legislative history of D.C. Law 4-164, see Historical and Statutory Notes following § 22-701.
Law 9-268, the "Law Enforcement Witness Protection Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-385 which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 2, 1992, and July 7, 1992, respectively. Signed by the Mayor on July 21, 1992, it was assigned Act No. 9-256 and transmitted to both Houses of Congress for its review. D.C. Law 9-268 became effective on May 7, 1993.
(a) A person commits the offense of bribery if that person:
(1) Corruptly offers, gives, or agrees to give anything of value, directly or indirectly, to a public servant; or
(2) Corruptly solicits, demands, accepts, or agrees to accept anything of value, directly or indirectly, as a public servant;in return for an agreement or understanding that an official act of the public servant will be influenced thereby or that the public servant will violate an official duty, or that the public servant will commit, aid in committing, or will collude in or allow any fraud against the District of Columbia.
(b) Nothing in this section shall be construed as prohibiting concurrence in official action in the course of legitimate compromise between public servants.
(c) Any person convicted of bribery shall be fined not more than $25,000 or 3 times the monetary equivalent of the thing of value, whichever is greater, or imprisoned for not more than 10 years, or both.
(Dec. 1, 1982, D.C. Law 4-164, § 302, 29 DCR 3976.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-712.
Legislative History of Laws
For legislative history of D.C. Law 4-164, see Historical and Statutory Notes following § 22-701.
(a) A person commits the offense of bribery of a witness if that person:
(1) Corruptly offers, gives, or agrees to give to another person; or
(2) Corruptly solicits, demands, accepts, or agrees to accept from another person;anything of value in return for an agreement or understanding that the testimony of the recipient will be influenced in an official proceeding before any court of the District of Columbia or any agency or department of the District of Columbia government, or that the recipient will absent himself or herself from such proceedings.
(b) Nothing in subsection (a) of this section shall be construed to prohibit the payment or receipt of witness fees provided by law, or the payment by the party upon whose behalf a witness is called and receipt by a witness of a reasonable cost of travel and subsistence incurred and the reasonable value of time lost in attendance at any such proceeding, or, in case of expert witnesses, a reasonable fee for time spent in the preparation of a technical or professional opinion and appearing and testifying.
(c) Any person convicted of bribery of a witness shall be fined not more than $2,500 or imprisoned for not more than 5 years, or both.
(Dec. 1, 1982, D.C. Law 4-164, § 303, 29 DCR 3976.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-713.
Legislative History of Laws
For legislative history of D.C. Law 4-164, see Historical and Statutory Notes following § 22-701.
