Any person unjustly convicted of and subsequently imprisoned for a criminal offense contained in the District of Columbia Official Code may present a claim for damages against the District of Columbia.
(Mar. 5, 1981, D.C. Law 3-143, § 2, 27 DCR 4656.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-1221.
Legislative History of Laws
Law 3-143, the District of Columbia Unjust Imprison Act of 1980, was introduced in Council and assigned Bill No. 3-251, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on July 29, 1980 and September 16, 1980, respectively. Signed by the Mayor on October 14, 1980, it was assigned Act No. 3-264 and transmitted to both Houses of Congress for its review.
Any person bringing suit under § 2-421 must allege and prove:
(1) That his conviction has been reversed or set aside on the ground that he is not guilty of the offense of which he was convicted, or on new trial or rehearing was found not guilty of such offense, as appears from the record or certificate of the court setting aside or reversing such conviction, or that he has been pardoned upon the stated ground of innocence and unjust conviction; and
(2) That, based upon clear and convincing evidence, he did not commit any of the acts charged or his acts or omissions in connection with such charge constituted no offense against the United States or the District of Columbia the maximum penalty for which would equal or exceed the imprisonment served and he did not, by his misconduct, cause or bring about his own prosecution.
(Mar. 5, 1981, D.C. Law 3-143, § 3, 27 DCR 4656.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-1222.
Legislative History of Laws
For legislative history of D.C. Law 3-143, see Historical and Statutory Notes following § 2-421.
Upon a finding by the judge of unjust imprisonment in accordance with the standards set by § 2-422, the judge may award damages. Punitive damages may not be awarded.
(Mar. 5, 1981, D.C. Law 3-143, § 4, 27 DCR 4656.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-1223.
Legislative History of Laws
For legislative history of D.C. Law 3-143, see Historical and Statutory Notes following § 2-421.
This subchapter shall apply to any person whose release from unjust imprisonment occurred on or after June 1, 1979: Provided, that the provisions of § 12-309 shall not apply to any cause of action for unjust imprisonment arising prior to the effective date of this subchapter.
(Mar. 5, 1981, D.C. Law 3-143, § 5, 27 DCR 4656.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-1224.
Legislative History of Laws
For legislative history of D.C. Law 3-143, see Historical and Statutory Notes following § 2-421.
This subchapter shall not apply to any person whose conviction resulted from his entering a plea of guilty unless that plea was pursuant to North Carolina v. Alford, 400 U.S. 25 (1970).
(Mar. 5, 1981, D.C. Law 3-143, § 6, 27 DCR 4656.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-1225.
Legislative History of Laws
For legislative history of D.C. Law 3-143, see Historical and Statutory Notes following § 2-421.
