§ 23–1912. Limitations on law enforcement actions against sexual assault victims seeking medical treatment.

*NOTE: This section includes amendments by emergency legislation that will expire on June 9, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a) A sexual assault victim, when the sexual assault victim is seeking emergency medical treatment or medical forensic care related to a sexual assault, or a victim, as that term is defined in § 23-1904a(a)(4), when the victim is seeking emergency medical treatment or medical forensic care at a hospital related to an intentionally inflicted gunshot or stab wound, shall not be subject to a subsequent custodial arrest by a law enforcement officer unless a warrant for the sexual assault victim's arrest or the victim's arrest has been issued by a competent court of jurisdiction for the commission of a:

(1) Dangerous crime, as that term is defined in § 23-1331(3); or

(2) Crime of violence, as that term is defined in § 23-1331(4).

(b) A law enforcement officer who is prohibited from making a custodial arrest under subsection (a) of this section may issue a field arrest form to the sexual assault victim or victim in lieu of making a custodial arrest; provided, that the issuance of a field arrest form does not at that time pose health or safety risks to the sexual assault victim or victim.