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

(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.