On February 9, the House of Representatives voted to overturn two bills that passed the D.C. Council, including a bill that updates our criminal code. The Senate will now decide whether District residents can make changes to our own criminal code.

In the name of democracy and common sense, the Senate must respect the District of Columbia’s decision to pass the Revised Criminal Code Act (RCCA). Senators must vote no on any resolution or rider that undermines the ability of District residents to make our laws and manage our tax dollars.

The 700,000 people living in D.C. are like those in any other state. We are students, veterans, nurses, families, and neighbors. Like people in every state, we deserve to govern ourselves, as a matter of democracy and self-determination, but also because we know our communities better than anyone else.

In order to overturn our democratic will, opponents of the RCCA have spread misinformation about the bill, but outlets like Slate and DCist have tried to correct the record. Here are three reasons why it’s critical that the RCCA becomes law.

1. D.C. needs this update because our outdated code has not been systematically revised since 1901.

As the D.C. Council has documented in detail, our current criminal code, which has not undergone systematic review since it was originally codified in 1901, suffers from unclear provisions, overlapping and outdated offenses, and inconsistent approaches to penalties. These structural problems have caused judges, prosecutors, and defense attorneys to spend countless hours litigating the meaning of our criminal laws and have undermined the civil rights and liberties of all District residents. Criminal code revisions are not new or uncommon, as 29 other states, including Arizona and Montana, have modernized their criminal codes since the 1960s.

2. The District followed an extensive public process led by an independent, non-partisan Commission to revise our criminal code.

The Commission considered a range of data, including model legislation, criminal statutes in other jurisdictions, and D.C. sentencing practices under current law. The Commission also drew on the expertise of an Advisory Group of legal experts, including representatives of the offices of the U.S. Attorney for the District of Columbia and the Public Defender Service of the District of Columbia. The Council held three public hearings, and there are thousands of pages of commentary that explain the justifications for each provision.

3. District residents and leaders overwhelmingly support revising our criminal code.

The D.C. Council voted overwhelmingly to pass the RCCA, first passing it unanimously and then overturning the Mayor’s veto 12-1. The D.C. Attorney General Schwalb said in a letter that he is “confident that the studied examination and reforms of our criminal code, designed to be phased in over several years, will lead to improved administration of criminal justice and, therefore, to a safer D.C.” A poll also found that 83% of District voters support revising our criminal code.

Ultimately, District residents deserve the right to make our own laws and manage our tax dollars. Like people all across this country, our families and neighbors need the autonomy to govern ourselves. That’s why in addition to respecting the District’s home rule with respect to the RCCA, Congress must grant District residents statehood. Learn more about D.C. statehood at DCStatehoodNow.org.

It’s the start of a new two-year D.C. legislative session. While there is a lot to accomplish in the months and years ahead, we’d like to celebrate five major gains that our communities made last legislative session. After years of organizing, research, advocacy, and drafting, multiple bills that protect and expand civil rights and liberties passed the D.C. Council in 2022. We have a lot to be proud of, and here are these five bright highlights.

Revised Criminal Code

After 16 years of research and deliberation, the D.C. Council twice overwhelmingly passed the Revised Criminal Code Act (RCCA), which brings our criminal code into line with national standards and best practices. The RCCA significantly improves a code that has not undergone systematic review since originally codified in 1901 and, as a result, retained outdated policies and perpetuated racial inequality. We commend the D.C. Council for overwhelmingly overturning Mayor Bowser’s veto of this common-sense bill.

Police Reform

The Council unanimously passed the “Comprehensive Policing and Justice Reform Amendment Act of 2021,” which makes permanent many of the emergency reforms passed in 2020. Reforms include improvements to body-worn camera procedures, use of force, and use of chemical and non-lethal weapons at protests. ACLU-D.C. advocacy helped establish a new police misconduct database and more transparency around police disciplinary records.

D.C. Jail Oversight

The Council passed the “Corrections Oversight Improvement Omnibus Amendment Act of 2022,” strengthening oversight at the D.C. Jail. The bill gives the Corrections Information Council (CIC) unrestricted access to all Department of Corrections (DOC) facilities, including unannounced inspections and unmonitored interviews with residents, staff, contractors, and volunteers. The bill also requires DOC to provide CIC with quarterly reports about living conditions at its facilities.

Reproductive Justice

In a post-Dobbs world, the Council passed the “Enhancing Reproductive Health Protections Amendment Act of 2022,” which protects people who help someone self-terminate a pregnancy. The Council also passed the “Human Rights Sanctuary Amendment Act of 2022,” which prevents the District from cooperating with interstate investigations against people who receive abortion care in D.C. This bill also protects access to gender-affirming care, reproductive health care, and marriage equality.

Clean Hands

The Council passed the “Clean Hands Certification Equity Amendment Act of 2021,” which allows people to renew their driver’s license regardless of debt status, starting in Fiscal Year 2024. Before this law passed, people could not renew their licenses if they owed District agencies more than $100 in fines and fees. The status quo disproportionately harmed Black, brown, and low-income District residents, and we are glad to see this restriction removed.

Celebrating this progress reminds us how critical it is for D.C. to become a state. Right now, each of these laws is stalled until Congress – where D.C. residents have no voting representation – reviews and approves it. Visit dcstatehoodnow.org to learn more about statehood and to get involved in our continuing fight for justice and freedom.