§ 7–2508.04. Certification duties of the Superior Court of the District of Columbia.

(a) Upon a defendant’s conviction for a gun offense, the Superior Court of the District of Columbia (“Court”) shall enter an order certifying that the defendant is a gun offender. The Court shall:

(1) Advise the gun offender of his or her duties under this subchapter;

(2) Order the gun offender to report to the Chief to register as required by this subchapter; and

(3) Order the gun offender to comply with the requirements of this subchapter.

(b) The Court shall provide to the Chief, and to the Court Services and Offender Supervision Agency, a copy of the certification and order, and such other records and information in its possession that will assist in the registration of the gun offender.

(c) In any case where the Court orders the release of a gun offender into the community following a period of detention, incarceration, confinement, civil commitment, or hospitalization, the Court shall provide the gun offender with a copy of the order required under subsection (a) of this section and require the gun offender to read, or have read to him or her, and sign the copy of the order.

(d)(1) For a person who has not been required to comply with the requirements of this subchapter as set forth in subsections (a) and (c) of this section, but who nevertheless qualifies and is within the period for which registration is required by this subchapter, the Court may, upon motion of the government, enter an order certifying that a person convicted of a gun offense is a gun offender and issue an order requiring the gun offender to register and to comply with the provisions of this subchapter.

(2) The certification and order shall be personally served upon the person, at which time the requirements of this subchapter shall apply, unless that person moves the Court to rescind the certification and order and the Court grants the motion.

(e) Agencies in the District of Columbia to which the probation, parole, supervised release, or conditional release of a gun offender is transferred from another jurisdiction are authorized to inform the Chief of that transfer of supervision for purposes of implementing the provisions of subsection (d) of this section.

(f) Notwithstanding the court certification requirements of this subchapter, any person convicted of a gun offense in any jurisdiction other than the District of Columbia who is ordered by competent authority in that jurisdiction to register as a gun offender in the District of Columbia shall comply with the registration and other requirements of this subchapter.

(Sept. 24, 1976, D.C. Law 1-85, title VIII, § 804; as added Dec. 10, 2009, D.C. Law 18-88, § 205, 56 DCR 7413; June 3, 2011, D.C. Law 18-377, § 2(i), 58 DCR 1174.)

Section References

This section is referenced in § 7-2508.01.

Effect of Amendments

D.C. Law 18-377 rewrote subsec. (d)(1), which formerly read:

“(d)(1) For persons who have not been required to comply with the requirements of this subchapter as set forth in subsections (a) and (c) of this section, but nevertheless qualify, the Court may, upon motion of the government, enter an order certifying that a person convicted of a gun offense within the period for which registration is required by this subchapter is a gun offender and issue an order requiring the gun offender to register and to comply with the provisions of this subchapter.”

Temporary Amendment of Section Section 2(b) of D.C. Law 18-255 rewrote subsec. (d)(1) to read as follows: “(d)(1) For a person who has not been required to comply with the requirements of this title as set forth in subsections (a) and (c) of this section, but who nevertheless qualifies and is within the period for which registration is required by this act, the Court may, upon motion of the government, enter an order certifying that a person convicted of a gun offense is a gun offender and issue an order requiring the gun offender to register and to comply with the provisions of this act.”.

Section 4(b) of D.C. Law 18-255 provided that the act shall expire after 225 days of its having taken effect.

Emergency Legislation

For temporary (90 day) addition, see § 205 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).

For temporary (90 day) amendment of section, see § 2(b) of Gun Offender Registration Emergency Amendment Act of 2010 (D.C. Act 18-464, July 2, 2010, 57 DCR 6908).

For temporary (90 day) amendment of section, see § 2(b) of Gun Offender Registration Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-539, October 5, 2010, 57 DCR 9610).

For temporary (90 day) amendment of section, see § 2(b) of Gun Offender Registration Second Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-672, December 28, 2010, 58 DCR 126).

For temporary (90 day) amendment of section, see § 502(i) of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).

For temporary (90 day) amendment of section, see § 502(i) of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).