Code of the District of Columbia

§ 7–1304.07. Standard of proof.

(a) Repealed.

(b) If the petition was filed pursuant to § 7-1303.04(b-1), the District shall present clear and convincing evidence that shows that the person whose commitment is sought is likely to cause injury to others as a result of an intellectual disability if allowed to remain at liberty.


(Mar. 3, 1979, D.C. Law 2-137, § 407, 25 DCR 5094; Oct. 17, 2002, D.C. Law 14-199, § 2(m), 49 DCR 7647; Sept. 26, 2012, D.C. Law 19-169, § 17(x), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(24), 65 DCR 2823.)

Prior Codifications

1981 Ed., § 6-1947.

1973 Ed., § 6-1674.

Effect of Amendments

D.C. Law 14-199 designated subsec. (a), and in that subsection, substituted “§ 7-1303.04(a)” for “§ 7-1303.04”; and added subsec. (b).

The 2012 amendment by D.C. Law 19-169 substituted “an intellectual disability” for “mental retardation” in (b).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(m) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701).

For temporary (90 day) amendment of section, see § 2(m) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096).

Editor's Notes

Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.