(a) A defendant may be prosecuted for first or second degree sexual abuse or first or second degree child sexual abuse by indictment under a fictitious name, such as "John Doe" or "Jane Doe," if, at the time of indictment, the defendant's true name is unknown and the defendant's identity has been established with reasonable certainty by the means of forensic testing of nuclear deoxyribonucleic acid ("DNA") evidence or DNA evidence with a comparable level of accuracy with nuclear DNA evidence.
(b) Mitochondrial DNA ("mtDNA") and Y-DNA cannot be used for the purposes of prosecuting by indictment under a fictitious name a defendant whose true name is unknown under subsection (a) of this section.
(c) Nothing in this section shall be construed as prohibiting the use or admissibility of mtDNA, Y-DNA, or similar genetic material for any purpose other than obtaining a fictitious name indictment pursuant to subsection (a) of this section.
(May 10, 2005, D.C. Law 15-356, § 3(b), 52 DCR 1176; Mar. 2, 2007, D.C. Law 16-191, § 45, 53 DCR 6794.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 16-191 made a technical change in the language of D.C. Law 15-356 that resulted in no change in text.
Legislative History of Laws
Law 15-356, the "Felony Sexual Assault Statute of Limitations Act of 2004", was introduced in Council and assigned Bill No. 15-785, which was referred to the Committee on Judiciary. The Bill was adopted on first and second readings on October 5, 2004, and November 9, 2004, respectively. Signed by the Mayor on November 30, 2004, it was assigned Act No. 15-634 and transmitted to both Houses of Congress for its review. D.C. Law 15-356 became effective on May 10, 2005.
Law 16-191, the "Technical Amendments Act of 2006", was introduced in Council and assigned Bill No. 16-760, which was referred to the Committee of the whole. The Bill was adopted on first and second readings on June 20, 2006, and July 11, 2006, respectively. Signed by the Mayor on July 31, 2006, it was assigned Act No. 16-475 and transmitted to both Houses of Congress for its review. D.C. Law 16-191 became effective on March 2, 2007.
Effective Dates
Section 4 of D.C. Law 15-356 provides as follows:
"Sec. 4. Applicability.
"This act shall apply to an offense committed before its effective date only if the statute of limitations for the offense has not expired prior to the effective date."
