§ 5–113.33. Penalties; private right of action.

(a) Whoever willfully or maliciously destroys, alters, conceals, or tampers with evidence or records that are being preserved and retained in accordance with this part shall be subject to:

(1) Administrative sanctions, if the individual is an employee of the District of Columbia government, up to and including termination; and

(2) A fine of not more than $5,000, imprisonment for not more than one year, or both.

(b) Whoever willfully or maliciously destroys, alters, conceals, or tampers with evidence or records that are being preserved and retained in accordance with this part may be the subject of a civil action brought in the Superior Court of the District of Columbia by the family of a victim of homicide or by the victim of a crime enumerated in § 5-113.32(b) or (f). The civil action may be brought against the District of Columbia government employee or employees responsible, or against the District of Columbia if a pattern of violations of this section can be established.

(c) Subsection (b) of this section shall only apply to the willful or malicious destruction, alteration, concealment, or tampering with evidence or records that occurs on or after July 15, 2004.