• Current through October 23, 2012

For the purposes of this chapter, the term:

(1) "Actual innocence" or "actually innocent" means that the person did not commit the crime of which he or she was convicted.

(2) "Biological material" means a sexual assault forensic examination kit, semen, vaginal fluid, blood, saliva, visible skin tissue, or hair which apparently derived from the perpetrator of a crime or, under circumstances that may be probative of the perpetrator's identity, apparently derived from the victim of a crime.

(3) "Crime of violence" means the crimes cited in § 23-1331(4).

(4) "DNA" means deoxyribonucleic acid.

(5) "DNA testing" means forensic DNA analysis of biological material.

(6) "Law enforcement agencies" means the Metropolitan Police Department, the Corporation Counsel for the District of Columbia, prosecutors, or any other governmental agency that has the authority to investigate, make arrests for, or prosecute or adjudicate District of Columbia criminal or delinquency offenses. The term "law enforcement agencies" shall include law enforcement agencies that have entered into cooperative agreements with the Metropolitan Police Department pursuant to § 5-133.17, to the extent the law enforcement agency is acting pursuant to such a cooperative agreement.

(7) "New evidence" means evidence that:

(A) Was not personally known and could not, in the exercise of reasonable diligence, have been personally known to the movant at the time of the trial or the plea proceeding;

(B) Was personally known to the movant at the time of the trial or the plea proceeding, but could not be produced at that time because:

(i) The presence or the testimony of a witness could not be compelled or, in the exercise of reasonable diligence by the movant, otherwise obtained; or

(ii) Physical evidence, in the exercise of the movant's reasonable diligence, could not be obtained; or

(C) Was obtained as a result of post-conviction DNA testing.

(May 17, 2002, D.C. Law 14-134, § 2, 49 DCR 408.)

HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

Law 14-134, the "Innocence Protection Act of 2001", was introduced in Council and assigned Bill No. 14-153, which was referred to the Committee    on the Judiciary.  The Bill was adopted on first and second readings on November 6, 2001, and December 4, 2001, respectively.  Signed by the Mayor on December 21, 2001, it was assigned Act No. 14-222 and transmitted to both Houses of Congress for its review.  D.C. Law 14-134 became effective on May 17, 2002.