GOVERNMENT OF THE DISTRICT OF COLUMBIA.
OFFICE OF THE ATTORNEY GENERAL
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ATTORNEY GENERAL
KARL A. RACINE aa
June 30, 2021
The Honorable Phil Mendelson
Chairman, Council ofthe District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, N.W.
Suite 504
Washington, D.C. 20004
Dear Chairman Mendelson:
I am writing to transmit to the Council of the District of Columbia the Redefinition of Child
Amendment Act of 2021 (bill) for consideration and enactment. The bill updates the definition
of the word child in District law and is intended to advance public safety and achieve better
outcomes for children by increasing our ability to rehabilitate youth who violate the law.
Because of the way child is defined in current law, 16- and 17-year-olds alleged to have
committed certain crimes can be prosecuted as adults, without review by a judge. The bill would
modemize the definitionof child so that allegations of law violations by individuals under 18
yearsofage will be subject to juvenile delinquency proceedings in Family Court unless a judge
transfers the matter to adult court. Cases involving young offenders could still be moved to adult
court ifa judge determines that the juvenile system cannot successfully rehabilitate a child and a
transfer is necessary to protect public safety.
This legislation would align District law with decadesofscientific research that tell us the brain is
not fully developed at ages 16 and 17, and that young people, even those who commit serious
crimes, can change and grow into upstanding and valuable members of our community. It will
maximize our chances of rehabilitating youth who violate the law, improving public safety,
reducing victimization, and increasing faimess for District children,
The Office of the Attorney General looks forward to working with the Council to continue to
update District law to protect public safety and increase equity. If you have any questions, you
may contact me, or your staff may contact Deputy Attorney General Emily Gunston at (202) 805-
7638.
Sincerely,
a
Karl A. Racine
Attorney General for the District of Columbia
400 6th Street, N.W., Washington, D.C. 20001, (202) 727-3400, Fax (202) 730-0484
 Chairman Phil Mendelson
at the requestof the Attorney General
ABILL
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA.
Chairman Mendelson, at the requestof the Attorney General, introduced the following bill,
which was referred to the Committee on
To amend section 16-2301 (3)ofthe District of Columbia Official Code to modernize the
definition of the word child so that allegationsof law violations by individuals under
18 years of age will be subject to juvenile delinquency proceedings in Family Court
unless a judge transfers the matter to adult court.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the Redefinitionof Child Amendment Act of 2021.
28 Sec. 2. Section 16-2301(3)of Title 16ofthe District of Columbia Official Code is
29 amended to read as follows:
30 (3) The term child means an individual who is under 18 years of age, except
31 that the term child does not include an individual who is sixteen yearsofage or older and
32 charged with a traffic offense. For the purposesofthis subchapter, the term child also includes
ao a person under the ageoftwenty-one who is charged with a delinquent act committed before the
34 respondent attained the ageofeighteen..
35 Sec. 3. Fiscal impact statement.
 The Council adopts the fiscal impact statement in the committee report as the fiscal
impact statement required by section 4a of the General Legislative Procedures Act of 1975,
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code 1-301.47a).
Sec. 4. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the
Mayor, action by the Council to override the veto), a 30-day period of congressional review as
provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December
24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(2)), and publication in the District of
Columbia Register.
 GOVERNME) OF THE DISTRICT OF COLUMBIA
f ATTORNEY GE
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ATTORNEY GENERAL
KARLA. RACH
Ee
Legal Counsel Division
EMORANDUM
TO: Ronan Gulstone
Director
Office of Policy and Legisla
FROM: Brian K. Flowers
Deputy Attorney General
Legal Counsel Division
DAT June 24, 2021
SUBJECT: Legal Sufficiency Review of Draft Bill, the Redefinition of Child
Amendment Act of 2021
(AE-21-308)
This is to Certify that tis office has reviewed the above-referenced
legislation and has found it to be legally sufficient. If you have any questions
regarding this certification, please do not hesitate to contact me at 724-5524.
Buan 6. Flowee
Brian K. Flowers
T350 Pennsylvania Avenus, NWy fon, DiC. 20004 (202) T2ESEEA