Revised Criminal Code Act
Frequently Asked
Questions
- No. Most states (29) states modernized their criminal codes in the 1960s, 70s, and 80s, based on the American Law Institute’s Model Penal Code. The RCCA follows the same structure.
- Those states are: Alabama; Alaska; Arizona; Arkansas; Colorado; Connecticut; Delaware; Hawaii; Illinois; Indiana; Kansas; Kentucky; Maine; Minnesota; Missouri; Montana; New Hampshire; New Jersey; New York; North Dakota; Ohio; Oregon; Pennsylvania; South Dakota; Tennessee; Texas; Utah; Washington; Wisconsin.
- On February 6th, the House of Representatives will vote on a disapproval resolution to overturn the Revised Code.
- Congresswoman Eleanor Holmes Norton, D.C. Mayor Muriel Bowser, D.C. Attorney General Brian Schwalb, and all 13 members of the D.C. Council agree that Congress should not interfere with the Revised Code.
- D.C. prosecutors, defense attorneys, and legal scholars helped the District’s Criminal Code Reform Commission draft this bill and voted unanimously to send it to the Council in 2021.
- The D.C. Council voted unanimously to pass the bill.
- D.C. residents overwhelmingly support the RCCA.
- No. Nearly all of the maximum sentences authorized by the RCCA are higher than the sentences actually being handed down by today, in D.C. and across the country.
- The penalties for some of the most serious offenses are higher than current law.
- The RCCA’s maximum penalties for shooting a firearm and for attempting to shoot a person are much higher than they are under current law.
- The penalties for possessing an assault weapon or ghost gun or bomb are higher.
- The penalties for sexual abuse of a child and misdemeanor sexual abuse (now a felony) are higher.
- The Revised Code finally organizes offenses into classes (e.g., Class A – E misdemeanor, Class 1 – 9 felony). Offenses are rank ordered so that more severe crimes carry more severe punishments.
- The United States Attorney for the District of Columbia participated in the drafting of the bill, worked with the Council to make additional changes to it, and recommended that it move forward. The Attorney General for the District of Columbia also supports the bill.
- The D.C. Council followed the U.S. Attorney’s Office’s recommendation to punish carjacking more severely than other kinds of robbery.
- First degree armed carjacking is punishable by up to 24 years in prison.
- First degree unarmed carjacking is punishable by up to 18 years in prison.
- If a person commits another crime during a carjacking, such as kidnapping, threats, or possession of a dangerous weapon, those additional crimes carry additional penalties.
- A person with a prior conviction for a crime of violence who commits carjacking with a gun can be sentenced to up to 32 years in prison.
- The D.C. Council followed the U.S. Attorney’s Office’s recommendation to raise the maximum sentences for robbery.
- First degree armed robbery is punishable by up to 20 years in prison.
- First degree unarmed robbery is punishable by up to 14 years in prison.
- If a person commits another crime during a robbery, such as kidnapping, threats, or possession of a dangerous weapon, those additional crimes carry additional penalties.
- A person with a prior conviction for a crime of violence who commits robbery with a gun can be sentenced to up to 28 years.
- The D.C. Council followed the U.S. Attorney’s Office’s recommendation to raise the maximum sentences for burglary.
- First degree armed burglary is punishable by up to 12 years in prison.
- First degree unarmed burglary is punishable by up to 6 years in prison.
- Many burglaries involve an attempt to commit another offense. The RCCA dramatically raises the penalty for an attempt, which means the most serious burglaries actually carry higher penalties under the RCCA than they do under current law.
- Attempted murder is punishable by 5 years under current law and 20 years under the RCCA.
- Attempted rape is punishable by 5 years under current law and 12 years under the RCCA.
- The RCCA’s burglary penalties are higher than national average sentences for burglary:
- 78.3% of prisoners served less than 3 years
- 91.5% of prisoners served less than 5 years
- 98.1% of prisoners served less than 10 years
- The RCCA increases the penalties for certain sex offenses, including:
- Sexually suggestive conduct with a minor (known under current law as sexual abuse with a child or minor); and
- Nonconsensual sexual conduct (known under current law as misdemeanor sexual abuse), which is now a felony instead of a misdemeanor.
- The D.C. Council followed the U.S. Attorney’s Office’s recommendation to continue to criminalize public urination, possession of an open container of alcohol, and excessive noise at night.
- The RCCA also adds a new offense for a crowd that fails to disperse after being ordered to do so by a law enforcement officer.
- The D.C. Council followed the U.S. Attorney’s Office’s recommendation to retain a mandatory minimum for First Degree Murder. That minimum is 24 years.
- In all other cases, the RCCA removes minimum penalties.
- Abolishing mandatory minimums is supported by:
- The American Law Institute;
- The American Bar Association; and
- The majority of voters in D.C. and nationwide.
- “[I]t can be difficult to find agreement on anything in criminology, but opposition to mandatory minimum sentencing laws is one area that appears to enjoy unanimous agreement among experts.” — Kevin Ring, FAMM Watch the video >>>
- The RCCA will gradually restore D.C. residents’ right to have and serve on juries between 2027 and 2030.
- 35 states have a right to a jury trial in virtually all criminal prosecutions and so did the District of Columbia until 1993.
- There is no reason to predict that significantly more than 5% of misdemeanor cases would convert to jury trials under the RCCA.
- In 2018, the former Chief Judge of the District’s highest court opined:
- “The Council could reconsider its decision to value judicial economy above the right to a jury trial. Restoring the right to a jury trial in misdemeanor cases could have the salutary effect of elevating the public‘s trust and confidence that the government is more concerned with courts protecting individual rights and freedoms than in ensuring that courts are as efficient as possible in bringing defendants to trial.”
- There are ways to make jury trials in the District less time-consuming and less expensive, including Congress filling judicial vacancies at DC Superior Court.
- “[The right to a jury trial] can provide additional space for the community to have in the criminal legal system, knowing that their voices can be represented in the actual deliberation box as they’re hearing testimony and evidence presented by the government.” —Will Snowden, The Juror Project Watch the video >>>
- The RCCA increases penalties for gun violence and endangerment.
- It creates a new felony offense for shooting a firearm in a public place.
- This includes shooting at property or shooting in the air.
- Unlike current law, prosecutors will not have to prove that the person was shooting at another person and find witnesses to prove the actor’s intent.
- The RCCA dramatically increases the penalties for possession of an assault weapon, ghost gun, or bomb.
- The RCCA increases the penalty for shooting at another person with intent to kill them from 15 years to 20 years.
- The RCCA allows people who are serving extremely long sentences to ask a judge to reconsider their sentence.
- The D.C. Council followed the U.S. Attorney’s Office’s recommendation to lengthen the waiting periods for second look review.
- A person who was under 25 years old at the time the offense was committed has to wait 15 years to make a request.
- A person who was 25 years old or older at the time of the offense has to wait 20 years.
- Second look does not guarantee early release.
- Judges will consider statements and evidence from victims, prosecutors, and defense attorneys.
- A person can only be resentenced if the court finds (1) the person is not a danger to the safety of anyone in the community, and (2) the interests of justice warrant a change in their sentence.
- A new sentence doesn’t always mean immediate release or release without conditions.
- Second look for all has been introduced at the federal level and is supported by:
- D.C. is a national outlier in extreme sentences.
- D.C. is also a national outlier in having no parole system or governor with pardon and commutation powers.
