[Federal Register: August 21, 2002 (Volume 67, Number 162)]
[Rules and Regulations]
[Page 54098-54102]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au02-6]
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COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF
COLUMBIA
28 CFR Part 812
[CSOSA-0006-I]
RIN 3225-AA04
Collection and Use of DNA Information
AGENCY: Court Services and Offender Supervision Agency for the District
of Columbia.
ACTION: Interim Rule.
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SUMMARY: The Court Services and Offender Supervision Agency for the
District of Columbia (``CSOSA'') is adopting interim regulations to
implement section 4 of the DNA Analysis Backlog Elimination Act of
2000, in conjunction with District of Columbia laws enacted pursuant to
that Act which specify qualifying District of Columbia offenses for
purposes of DNA
[[Page 54099]]
sample collection. The interim regulations set forth the
responsibilities of CSOSA for collecting DNA samples from individuals
under its supervision who have been convicted of specific offenses
identified by District of Columbia statute. The regulations specify
that DNA samples are to be collected, handled, preserved, and submitted
to the Federal Bureau of Investigation (``FBI'') in accordance with FBI
guidelines for inclusion in the Combined DNA Index System (``CODIS''),
a national database of DNA profiles from convicted offenders, unsolved
crime scenes, and missing persons. The regulations also specify that
CSOSA will cooperate with the Federal Bureau of Prisons to ensure that
unnecessary samples will not be collected; establish a standard for
what constitutes an individual's refusal to cooperate in the collection
of a DNA sample; and define what steps CSOSA deems to be reasonably
necessary to take when an individual refuses to cooperate. The
regulations identify in an appendix the offenses which qualify for DNA
collection, as they appear in the District of Columbia public laws, in
the District of Columbia Code (1981 ed.), and in the District of
Columbia Official Code (2001 ed.).
DATES: Effective August 21, 2002; comments must be submitted by October
21, 2002.
ADDRESSES: Office of the General Counsel, CSOSA, Room 1253, 633 Indiana
Avenue, NW., Washington, DC 20004.
FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Records Manager
(telephone: (202) 220-5359; e-mail: roy.nanovic@csosa.gov).
SUPPLEMENTARY INFORMATION: The Court Services and Offender Supervision
Agency for the District of Columbia (``CSOSA'') is adopting interim
regulations on the collection and use of DNA information (28 CFR part
812).
The DNA Analysis Backlog Elimination Act of 2000 (Pub. L. 106-546,
114 Stat. 2726) authorizes the collection of DNA samples from persons
convicted of ``qualifying District of Columbia offenses'' who are in
the custody of the Federal Bureau of Prisons (``BOP'') or who are on
supervised release, parole, or probation and under CSOSA's supervision.
Qualifying District of Columbia offenses were identified by the Council
of the District of Columbia in the DNA Sample Collection Act of 2001,
District of Columbia Act 14-076, the DNA Sample Collection Emergency
Act of 2001, District of Columbia Act 14-077, and the DNA Sample
Collection Congressional Review Emergency Act of 2001, District of
Columbia Act 14-130.
The DNA information becomes part of the Combined DNA Index System
(``CODIS''), a national database of DNA profiles from convicted
offenders, unsolved crime scenes, and missing persons. CODIS allows
State and local forensic laboratories to exchange and compare DNA
profiles electronically, thereby linking serial violent crimes,
especially sexual assaults, to each other, and to identify suspects by
matching DNA from crime scenes to convicted offenders.
CSOSA is responsible for the supervision of adults on probation,
parole, or supervised release for District of Columbia Code offenses in
the District of Columbia. Under the provisions of the DNA Analysis
Backlog Elimination Act of 2000, CSOSA must collect a DNA sample from
each individual under its supervision who is, or has been, convicted of
a qualifying District of Columbia offense. CSOSA has the discretion not
to collect a sample from the individual if CODIS already has a DNA
analysis for the individual. CSOSA also has the authority to use such
means as are reasonably necessary to collect a sample from an
individual who refuses to cooperate in the collection of the sample.
CSOSA's regulations list the qualifying District of Columbia
offenses in an appendix to the part. The offenses are listed in three
tables. Table 1 presents the offenses as they were identified in the
``DNA Sample Collection Act of 2001''. Table 2 presents the offenses in
numerical order under the D.C. Code, (1981 Edition). Table 3 presents
the offenses in numerical order under the D.C. Official Code (2001
Edition). These tables are presented for informational purposes only.
Any future revision to the District of Columbia Code sections
designating the qualifying offenses will be effective notwithstanding
the timing of a conforming revision of the appendix by CSOSA.
Section 812.2 of CSOSA's interim regulations establishes procedures
for coordinating the collection of samples with BOP. BOP has the
authority to collect DNA samples from District of Columbia Code
offenders in its custody. CSOSA will exchange information concerning
the collection of the DNA sample from District of Columbia Code
offenders in their custody or under their supervision in order to
ensure that DNA samples will not be taken from District of Columbia
Code offenders unnecessarily.
Section 812.4 pertains to collection procedures. Paragraph (a)
specifies that the DNA sample (currently in the form of a blood sample)
will be collected in accordance with FBI guidelines. Paragraph (b)
establishes what CSOSA deems to be a refusal to cooperate by an
individual who is subject to collection. Paragraph (c) describes what
reasonably necessary measures CSOSA will take in response to such
refusal, including administrative sanctions, referral for criminal
prosecution, and a request for revocation of probation, parole, or
supervised release which could result in commitment to the custody of
the Federal Bureau of Prisons, thereby facilitating collection
procedures authorized by Department of Justice regulations (28 CFR part
28).
Matters of Regulatory Procedure
Administrative Procedure Act
The implementation of these regulations as interim regulations,
with provision for post-promulgation public comments, is based on the
``good cause'' exceptions found at 5 U.S.C. 553(b)(3)(B) and (d)(3).
The rule implements section 4 of Pub. L. 106-546 (42 U.S.C. 14135b),
which requires the Director of CSOSA to ``collect a DNA sample from
each individual under the supervision of the Agency who is on
supervised release, parole, or probation who is, or has been, convicted
of a qualifying District of Columbia offense'' and requires collection
of DNA samples to commence not later than 180 days after the effective
date of the Act. Given that section 4(d) authorizes the government of
the District of Columbia to ``determine those offenses under the
District of Columbia Code that shall be treated * * * as qualifying
District of Columbia offenses,'' Congress must have been aware that it
would not be feasible within a 180-day time period to enact the
required District of Columbia legislation, publish a proposed
regulation for notice and comment, as well as a subsequent final rule,
and for the period of the final rule's delayed effective date to have
run. Public Law 106-546, in conjunction with the District of Columbia
legislation, is explicit and comprehensive concerning the types of
offenses that will be treated as qualifying District of Columbia
offenses and concerning the responsibilities of CSOSA in collecting DNA
samples. In light of the short statutory time frame for the
implementation of this law and the fact that the formulation of
implementing regulations involves the exercise of relatively little
discretion, it is impracticable and unnecessary to adopt this rule with
the prior notice and comment period normally required
[[Page 54100]]
under 5 U.S.C. 553(b) or with the delayed effective date normally
required under 5 U.S.C. 553(d).
Moreover, the collection, analysis, and indexing of DNA samples as
required by Public Law 106-546 furthers important public safety
interests by facilitating the solution and prevention of crime, see
H.R. Rep. No. 900, 106th Cong., 2d Sess. 8-11 (2000) (House Judiciary
Committee Report). Delay in the full implementation of the law--
including the absence of a specification of what constitutes a refusal
to cooperate in DNA sample collection and what measures are to be taken
in response to such a refusal, as set forth in these regulations--would
thwart or delay the realization of these public safety benefits.
Dangerous offenders who might be successfully identified through DNA
matching may reach the end of supervision before DNA sample collection
can be carried out, thereby remaining at large to engage in further
crimes against the public. Furthermore, delay in collecting, analyzing,
and indexing DNA samples, and hence in the identification of offenders,
may foreclose prosecution due to the running of statutes of
limitations. Failure to identify, or delay in identifying, offenders as
the perpetrators of crimes through DNA matching also increases the risk
that innocent persons may be wrongfully suspected, accused, or
convicted of such crimes. Therefore, it would be contrary to the public
interest to adopt these regulations with the prior notice and comment
period normally required under 5 U.S.C. 553(b) or with the delayed
effective date normally required under 5 U.S.C. 553(d).
Any interested person who wishes to submit comments on the interim
rule, however, may do so by writing or e-mailing the agency at the
addresses given above in the ADDRESSES and FOR FURTHER INFORMATION
CONTACT captions.
Executive Order 12866
This interim rule has been determined to be significant under
Executive Order 12866 and has been reviewed by the Office of Management
and Budget (OMB).
Executive Order 13132
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with Executive Order
13132, the Director of CSOSA has determined that this rule does not
have sufficient federalism implications to warrant the preparation of a
Federalism Assessment.
Regulatory Flexibility Act
The Director of CSOSA, in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has reviewed this rule and by
approving it certifies that this rule will not have a significant
economic impact upon a substantial number of small entities. This rule
pertains to agency management, and its economic impact is limited to
the agency's appropriated funds.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, the Director of CSOSA has
determined that no actions are necessary under the provisions of the
Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996. This rule
will not result in an annual effect on the economy of $100,000,000 or
more; a major increase in costs or prices; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based companies to
compete with foreign-based companies in domestic and export markets.
Plain Language Instructions
We want to make CSOSA's documents easy to read and understand. If
you have suggestions on how to improve the clarity of these
regulations, write, e-mail, or call the Records Manager (Roy Nanovic)
at the address or telephone number given above in the ADDRESSES and FOR
FURTHER INFORMATION CONTACT captions.
List of Subjects in 28 CFR Part 812
Probation and Parole.
Paul A. Quander, Jr.,
Director.
Accordingly, we amend chapter VIII, Title 28 of the Code of Federal
regulations by adding new part 812 as set forth below.
PART 812--COLLECTION AND USE OF DNA INFORMATION
Sec.
812.1 Purpose.
812.2 Individuals subject to DNA collection.
812.3 Coordination with the Federal Bureau of Prisons.
812.4 Collection procedures.
Appendix A to Part 812--Qualifying District of Columbia Code Offenses
Authority: 5 U.S.C. 301; Pub. L. 106-546 (114 Stat. 2726).
Sec. 812.1 Purpose.
The Court Services and Offender Supervision Agency for the District
of Columbia (``CSOSA'') cooperates with other federal agencies to
ensure that DNA samples from offenders are appropriately furnished to
the Federal Bureau of Investigation (``FBI'') for DNA analysis. The
results of the DNA analyses are to be included in the Combined DNA
Index System (``CODIS'').
Sec. 812.2 Individuals subject to DNA collection.
CSOSA is responsible for collecting a DNA sample from each
individual under its supervision who is, or has been, convicted of a
qualifying District of Columbia Code offense. Qualifying District of
Columbia Code offenses were designated by the Council of the District
of Columbia in the ``DNA Sample Collection Act of 2001.'' CSOSA
provides a listing of these offenses in the Appendix to this part. The
list is presented for informational purposes only. Any future revision
to the District of Columbia Code sections designating the qualifying
offenses will be effective notwithstanding the timing of a conforming
revision of the Appendix by CSOSA. CSOSA may choose not to collect a
sample from an individual if it determines that CODIS already contains
a DNA analysis for the individual.
Sec. 812.3 Coordination with the Federal Bureau of Prisons.
(a) CSOSA will coordinate with the Federal Bureau of Prisons in
order to obtain documentation regarding the collection of a DNA sample
when the Federal Bureau of Prisons releases an inmate to CSOSA's
supervision or as requested by CSOSA.
(b) CSOSA shall provide the Federal Bureau of Prisons with
documentation regarding the collection of a DNA sample from a District
of Columbia Code offender when CSOSA returns the District of Columbia
Code offender to the custody of the Federal Bureau of Prisons or as
requested by the Federal Bureau of Prisons.
Sec. 812.4 Collection procedures.
(a) DNA samples will be collected, handled, preserved, and
submitted to
[[Page 54101]]
the FBI in accordance with FBI guidelines.
(b) CSOSA has the authority to use such means as are reasonably
necessary to collect a sample from an individual who refuses to
cooperate in the collection of the sample. Unless CSOSA determines that
there are mitigating circumstances, CSOSA will consider that an
individual is refusing to cooperate if:
(1) The individual is being ordered or transferred to CSOSA's
supervision, but fails to report to CSOSA for collection of the sample
within 15 business days of being sentenced to probation or being
discharged from a correctional institution; or
(2) The individual is already under CSOSA supervision and has been
notified by his or her Community Supervision Officer of the time to
report for collection of the sample, but fails to report for collection
of the sample; or
(3) The individual has reported to CSOSA for collection of the
sample, but fails to provided the sample after being given a minimum of
one hour to do so; or
(4) The individual specifically states that he or she will not
cooperate.
(c) When an individual has refused to cooperate in the collection
of the sample, CSOSA deems the following to be reasonably necessary
means for obtaining the sample:
(1) Impose administrative sanctions;
(2) Request a revocation hearing by the releasing authority; and/or
(3) Refer the individual who refuses to cooperate for criminal
prosecution for a class A misdemeanor pursuant to section 4(a)(5) of
the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C.
14135b(a)(5)).
APPENDIX A TO PART 812--QUALIFYING DISTRICT OF COLUMBIA CODE OFFENSES
As enacted by the Council of the District of Columbia, the DNA
Sample Collection Act of 2001 identifies the criminal offenses
listed in Table 1 of this appendix as ``qualifying District of
Columbia offenses'' for the purposes of the DNA Analysis Backlog
Elimination Act of 2000 (Pub. L. 106-546, 114 Stat. 2726). Table 2
of this Appendix lists these same offenses in numerical order under
the D.C. Code, 1981 Edition. Table 3 of this Appendix lists these
same offenses in numerical order under the D.C. Official Code, 2001
Edition. The tables follow:
Table 1. Offense Listing
(1) Section 820 of An Act To establish a code of law for the
District of Columbia (arson);
(2) Section 821 of An Act To establish a code of law for the
District of Columbia (burning of one's own property with intent to
defraud or injure another);
(3) Section 848 of An Act To establish a code of law for the
District of Columbia (malicious burning, destruction, or injury of
another's property);
(4) Section 803 of An Act To establish a code of law for the
District of Columbia (assault with intent to kill, rob, or poison,
or to commit first degree sexual abuse, second degree sexual abuse
or child sexual abuse);
(5) Section 804 of An Act To establish a code of law for the
District of Columbia, (assault with intent to commit mayhem or with
dangerous weapon);
(6) Section 806a of An Act To establish a code of law for the
District of Columbia (aggravated assault);
(7) Section 432(b) of the Revised Statutes, relating to the
District of Columbia (assault on member of police force, campus or
university special police, or fire department using a deadly or
dangerous weapon);
(8) Section 807 of An Act To establish a code of law for the
District of Columbia (mayhem or maliciously disfiguring);
(9) Section 3 of An act for the protection of children in the
District of Columbia and for other purposes (cruelty to children);
(10) Section 9 of An Act for the preservation of the public
peace and the protection of property within the District of Columbia
(lewd, indecent, or obscene acts (knowingly in the presence of a
child under the age of 16 years));
(11) Section 823 of An Act To establish a code of law for the
District of Columbia (burglary);
(12) Section 875 of An Act To establish a code of law for the
District of Columbia (incest);
(13) Section 872 of An Act To establish a code of law for the
District of Columbia (certain obscene activities involving minors);
(14) Section 3 of the District of Columbia Protection of Minors
Act of 1982 (sexual performances using minors);
(15) Section 812 of An Act To establish a code of law for the
District of Columbia (kidnapping);
(16) Section 798 of An Act To establish a code of law for the
District of Columbia (murder in the first degree);
(17) Section 799 of An Act To establish a code of law for the
District of Columbia (murder in the first degree--obstructing
railroad);
(18) Section 800 of An Act To establish a code of law for the
District of Columbia (murder in the second degree);
(19) Section 802 of An Act To establish a code of law for the
District of Columbia (voluntary manslaughter only);
(20) Section 802a of An Act To establish a code of law for the
District of Columbia (murder of a law enforcement officer);
(21) Section 813 of An Act To establish a code of law for the
District of Columbia (abducting, enticing, or harboring a child for
prostitution);
(22) Section 1 of An Act In relation to pandering, to define and
prohibit the same and to provide for the punishment thereof
(pandering; inducing or compelling an individual to engage in
prostitution);
(23) Section 2 of An Act In relation to pandering, to define and
prohibit the same and to provide for the punishment thereof
(compelling an individual to live life of prostitution against his
or her will);
(24) Section 4 of An Act In relation to pandering, to define and
prohibit the same and to provide for the punishment thereof (causing
spouse to live in prostitution);
(25) Section 5 of An Act In relation to pandering, to define and
prohibit the same and to provide for the punishment thereof
(detaining an individual in disorderly house for debt there
contracted);
(26) Forcible rape, carnal knowledge or statutory rape as these
offenses were proscribed until May 23, 1995 by section 808 of An Act
To establish a code of law for the District of Columbia;
(27) Section 810 of An Act To establish a code of law for the
District of Columbia (robbery);
(28) Section 811 of An Act To establish a code of law for the
District of Columbia (attempted robbery);
(29) Section 811a of An Act To establish a code of law for the
District of Columbia (carjacking);
(30) lndecent acts with children as this offense was proscribed
until May 23, 1995 by section 103(a) of An Act To provide for the
treatment of sexual psychopaths in the District of Columbia, and for
other purposes;
(31) Enticing a child as this offense was proscribed until May
23, 1995 by section 103(b) of An Act To provide for the treatment of
sexual psychopaths in the District of Columbia, and for other
purposes;
(32) Sodomy as this offense was proscribed until May 23, 1995 by
section 104(a) of An Act To provide for the treatment of sexual
psychopaths in the District of Columbia, and for other purposes
where the offense was forcible or committed against a minor;
(33) Section 201 of the Anti-Sexual Abuse Act of 1994 (first
degree sexual abuse);
(34) Section 202 of the Anti-Sexual Abuse Act of 1994 (second
degree sexual abuse);
(35) Section 203 of the Anti-Sexual Abuse Act of 1994 (third
degree sexual abuse);
(36) Section 204 of the Anti-Sexual Abuse Act of 1994 (fourth
degree sexual abuse);
(37) Section 205 of the Anti-Sexual Abuse Act of 1994
(misdemeanor sexual abuse);
(38) Section 207 of the Anti-Sexual Abuse Act of 1994 (first
degree child sexual abuse);
(39) Section 208 of the Anti-Sexual Abuse Act of 1994 (second
degree child sexual abuse);
(40) Section 209 of the Anti-Sexual Abuse Act of 1994 (enticing
a child);
(41) Section 212 of the Anti-Sexual Abuse Act of 1994 (first
degree sexual abuse of a ward);
(42) Section 213 of the Anti-Sexual Abuse Act of 1994 (second
degree sexual abuse of a ward);
(43) Section 214 of the Anti-Sexual Abuse Act of 1994 (first
degree sexual abuse of a patient or client);
(44) Section 215 of the Anti-Sexual Abuse Act of 1994 (second
degree sexual abuse of a patient or client);
(45) Section 217 of the Anti-Sexual Abuse Act of 1994 (attempts
to commit sexual offenses); and
(46) Attempt or conspiracy to commit any of the offenses listed
in items (1) through (45) of this table.
[[Page 54102]]
Table 2. Offense Listing (D.C. Official Code, 1981 Edition)
(1) D.C. Code section 22-401--arson;
(2) D.C. Code section 22-402--burning of one's own property with
intent to defraud or injure another;
(3) D.C. Code section 22-403--malicious burning, destruction or
injury of another's property;
(4) D.C. Code section 22-501--assault with intent to kill, rob,
or poison, or to commit first degree sexual abuse, second degree
sexual abuse or child sexual abuse;
(5) D.C. Code section 22-502--assault with intent to commit
mayhem or with dangerous weapon;
(6) D.C. Code section 22-504.1--aggravated assault;
(7) D.C. Code section 22-505(b)--assault on member of police
force, campus or university special police, or fire department using
a deadly or dangerous weapon;
(8) D.C. Code section 22-506--mayhem or maliciously disfiguring;
(9) D.C. Code section 22-901--cruelty to children;
(10) D.C. Code section 22-1112(b)--lewd, indecent or obscene
acts (knowingly in the presence of a child under the age of 16
years);
(11) D.C. Code section 22-1801--burglary;
(12) D.C. Code section 22-1901--incest;
(13) D.C. Code section 22-2001--certain obscene activities
involving a minor;
(14) D.C. Code section 22-2012--sexual performances using
minors;
(15) D.C. Code section 22-2101--kidnapping;
(16) D.C. Code section 22-2401--murder in the first degree;
(17) D.C. Code section 22-2402--murder in the first degree
(obstructing railroad);
(18) D.C. Code section 22-2403--murder in the second degree;
(19) D.C. Code section 22-2405--voluntary manslaughter only;
(20) D.C. Code section 22-2406--murder of a law enforcement
officer;
(21) D.C. Code section 22-2704--abducting, enticing, or
harboring a child for prostitution;
(22) D.C. Code section 22-2705--pandering; inducing or
compelling an individual to engage in prostitution;
(23) D.C. Code section 22-2706--compelling an individual to live
life of prostitution against his or her will;
(24) D.C. Code section 22-2708--causing spouse to live in
prostitution;
(25) D.C. Code section 22-2709--detaining an individual in
disorderly house for debt there contracted;
(26) D.C. Code section 22-2801 [repealed May 23, 1995]--forcible
rape, carnal knowledge or statutory rape;
(27) D.C. Code section 22-2901--robbery;
(28) D.C. Code section 22-2902--attempted robbery;
(29) D.C. Code section 22-2903--carjacking;
(30) D.C. Code section 22-3501(a) [repealed May 23, 1995]--
indecent acts with children;
(31) D.C. Code section 22-3501(b) [repealed May 23, 1995]--
enticing a child;
(32) D.C. Code section 22-3502(a) [repealed May 23, 1995]--
sodomy where the offense was forcible or committed against a minor;
(33) D.C. Code section 22-4102--first degree sexual abuse;
(34) D.C. Code section 22-4103--second degree sexual abuse;
(35) D.C. Code section 22-4104--third degree sexual abuse;
(36) D.C. Code section 22-4105--fourth degree sexual abuse;
(37) D.C. Code section 22-4106--misdemeanor sexual abuse;
(38) D.C. Code section 22-4108--first degree child sexual abuse;
(39) D.C. Code section 22-4109--second degree child sexual
abuse;
(40) D.C. Code section 22-4110--enticing a child;
(41) D.C. Code section 22-4113--first degree sexual abuse of a
ward;
(42) D.C. Code section 22-4114--second degree sexual abuse of a
ward;
(43) D.C. Code section 22-4115--first degree sexual abuse of a
patient or client;
(44) D.C. Code section 22-4116--second degree sexual abuse of a
patient or client;
(45) D.C. Code section 22-4118--attempts to commit sexual
offenses;
(46) Attempt or conspiracy to commit any of the offenses listed
in items (1) through (45) of this table.
Table 3. Offense Listing (D.C. Official Code, 2001 Edition)
(1) D.C. Code section 22-301--arson;
(2) D.C. Code section 22-302--burning of one's own property with
intent to defraud or injure another;
(3) D.C. Code section 22-303--malicious burning, destruction, or
injury of another's property;
(4) D.C. Code section 22-401--assault with intent to kill, rob,
or poison, or to commit first degree sexual abuse, second degree
sexual abuse or child sexual abuse;
(5) D.C. Code section 22-402--assault with intent to commit
mayhem or with dangerous weapon;
(6) D.C. Code section 22-404.01--aggravated assault;
(7) D.C. Code section 22-405(b)--assault on member of police
force, campus or university special police, or fire department using
a deadly or dangerous weapon;
(8) D.C. Code section 22-406--mayhem or maliciously disfiguring;
(9) D.C. Code section 22-801--burglary;
(10) D.C. Code section 22-1101--cruelty to children;
(11) D.C. Code section 22-1312(b)--lewd, indecent, or obscene
acts (knowingly in the presence of a child under the age of 16
years);
(12) D.C. Code section 22-1901--incest;
(13) D.C. Code section 22-2001--kidnapping;
(14) D.C. Code section 22-2101--murder in the first degree;
(15) D.C. Code section 22-2102--murder in the first degree--
obstructing railroad;
(16) D.C. Code section 22-2103--murder in the second degree;
(17) D.C. Code section 22-2105--voluntary manslaughter only;
(18) D.C. Code section 22-2106--murder of a law enforcement
officer;
(19) D.C. Code section 22-2201--certain obscene activities
involving minors;
(20) D.C. Code section 22-2704--abducting, enticing, or
harboring a child for prostitution;
(21) D.C. Code section 22-2705--pandering; inducing or
compelling an individual to engage in prostitution;
(22) D.C. Code section 22-2706--compelling an individual to live
life of prostitution against his or her will;
(23) D.C. Code section 22-2708--causing spouse to live in
prostitution;
(24) D.C. Code section 22-2709--detaining an individual in
disorderly house for debt there contracted;
(25) D.C. Code section 22-2801--robbery;
(26) D.C. Code section 22-2802--attempted robbery;
(27) D.C. Code section 22-2803--carjacking;
(28) D.C. Code section 22-3002--first degree sexual abuse;
(29) D.C. Code section 22-3003--second degree sexual abuse;
(30) D.C. Code section 22-3004--third degree sexual abuse;
(31) D.C. Code section 22-3005--fourth degree sexual abuse;
(32) D.C. Code section 22-3006--misdemeanor sexual abuse;
(33) D.C. Code section 22-3008--first degree child sexual abuse;
(34) D.C. Code section 22-3009--second degree child sexual
abuse;
(35) D.C. Code section 22-3010--enticing a child;
(36) D.C. Code section 22-3013--first degree sexual abuse of a
ward;
(37) D.C. Code section 22-3014--second degree sexual abuse of a
ward;
(38) D.C. Code section 22-3015--first degree sexual abuse of a
patient or client;
(39) D.C. Code section 22-3016--second degree sexual abuse of a
patient or client;
(40) D.C. Code section 22-3018--attempts to commit sexual
offenses;
(41) D.C. Code section 22-3102--sexual performances using
minors;
(42) D.C. Code section 22-3801(a) [repealed May 23, 1995]--
indecent acts with children;
(43) D.C. Code section 22-3801(b) [repealed May 23, 1995]--
enticing a child;
(44) D.C. Code section 22-3802(a) [repealed May 23, 1995]--
sodomy where the offense was forcible or committed against a minor;
(45) D.C. Code section 22-4801 [repealed May 23, 1995]--forcible
rape, carnal knowledge or statutory rape;
(46) D.C. Code section 22-1803 or section 22-1805a--attempt or
conspiracy to commit any of the offenses listed in items (1) through
(45) of this table.
[FR Doc. 02-20606 Filed 8-20-02; 8:45 am]
BILLING CODE 3129-01-P