HR 5242 — To repeal the Second Chance Amendment Act of 2022 and the Incarceration Reduction Amendment Act of 2016.
Last action — Placed on the Union Calendar, Calendar No. 293.
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✓Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill is in committee in the House. Introduced September 10, 2025. It must pass committee before a floor vote.
Next likely step: a committee vote, then a floor vote in the House.
Odds of enactment
Low chanceBased on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.
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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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In Committee
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (2 R).
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
28 added · 3 removedPlain-language change summary
The updated version of HR 5242 adds a new sponsor, Mr. Wilson of South Carolina, and makes several changes to traffic enforcement laws in the District of Columbia. Specifically, it repeals provisions related to automated traffic enforcement and removes restrictions on making right turns at red traffic signals. These changes will affect how traffic laws are enforced in D.C. and could lead to different driving practices in the area.
5242 IntroducedReported in House (IH)](RH)] <DOC> 119thUnion CONGRESSCalendar 1stNo. Session H.
293 119th CONGRESS 1st Session H.
5242 To[Report repealNo. the Second Chance Amendment Act of 2022 and the Incarceration Reduction Amendment Act of 2016.
119-341] To repeal the Second Chance Amendment Act of 2022 and the Incarceration Reduction Amendment Act of 2016.
which was referred to the Committee on Oversight and Government Reform _______________________________________________________________________October A14, BILL2025 ToAdditional repealsponsor: the Second Chance Amendment Act of 2022 and the Incarceration Reduction Amendment Act of 2016.
Mr.
Wilson of South Carolina October 14, 2025 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on September 10, 2025] _______________________________________________________________________ A BILL To repeal the Second Chance Amendment Act of 2022 and the Incarceration Reduction Amendment Act of 2016.
Law 21-36)21-238) is hereby repealed, and any provision of law amended or repealed by such Act is restored or revived as if such Act had not been enacted into law.
<all>SEC.
2.
TERMINATION OF AUTOMATED TRAFFIC ENFORCEMENT SYSTEM.
Title IX of the Fiscal Year 1997 Budget Support Act of 1996 (sec.
50-2209.01 et seq., D.C.
Official Code) is hereby repealed.
SEC.
3.
ELIMINATING RESTRICTIONS ON RIGHT TURNS AT RED TRAFFIC SIGNALS.
Section 9e of the District of Columbia Traffic Act, 1925, approved March 3, 1925 (sec.
50- 2201.04e, D.C.
Official Code) is repealed.
SEC.
4.
EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall apply with respect to criminal conduct that occurred after the date of the enactment of this Act.
Union Calendar No.
293 119th CONGRESS 1st Session H.
R.
5242 [Report No.
119-341] _______________________________________________________________________ A BILL To repeal the Second Chance Amendment Act of 2022 and the Incarceration Reduction Amendment Act of 2016.
_______________________________________________________________________ October 14, 2025 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
View plain text versions (2)
- Reported Reported in House Current html October 14, 2025
- Introduced Introduced in House html September 10, 2025
What Congress says this changes
H. Rept. 119-341Published by the reporting committee Not generated — this is the committee's own “Changes in Existing Law Made by the Bill, as Reported”.
Text to be removed appears in [brackets]. Newly inserted text is italicised in the official report and cannot be marked in this plain-text rendition — read the official PDF ↗ for the authoritative formatting.
changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets and existing law in which no change is proposed is shown in roman): SECOND CHANCE AMENDMENT ACT OF 2022 Be It Enacted By The Council of the District of Columbia, [That this Act may be cited as the ``Second Chance Amendment Act of 2022'']. [TITLE I--CRIMINAL RECORD SEALING AND EXPUNGEMENT [Sec. 101. Title 16 of the District of Columbia Official Code is amended as follows: [(a) The table of contents is amended by striking the phrase ``8. Criminal Record Sealing'' and inserting the phrase ``8. Criminal Record Sealing and Expungement'' in its place. [(b) Chapter 8 is amended to read as follows: [``CHAPTER 8--CRIMINAL RECORD SEALING AND EXPUNGEMENT [Sec. 16-801. Definitions [`` For the purposes of this chapter, the term: [``(1) `Clerk' means the Clerk of the Superior Court of the District of Columbia. [``(2) `Completion of the sentence' means the person has been unconditionally discharged from incarceration, commitment, probation, parole, or supervised release, whichever is latest; provided, that nonpayment of fines, restitution, or any other monetary assessments imposed by the Court shall not prevent completion of a sentence. [``(3) `Conviction' means the entry of judgment on a verdict or a finding of guilty, a plea of guilty or a plea of nolo contendere, or a plea or verdict of not guilty by reason of insanity. [``(4) `Court' means the Superior Court of the District of Columbia. [``(5) `Public' means any person, agency, organization, or entity other than any: [``(A) Court; [``(B) Federal, state, or local prosecutor; [``(C) Law enforcement agency; [``(D) Licensing agency, with respect to a criminal offense that may disqualify a person from obtaining that license; [``(E) Licensed school, day care center, before or after school facility or other educational or child protection agency or facility; and [``(F) Government employer or nominating or tenure commission with respect to: [``(i) Employment of a judicial or quasi-judicial officer; or [``(ii) Employment at a senior-level, executive-grade government position. [Sec. 16-802. Automatic expungement of criminal records [``(a) The Court shall order automatic expungement of all criminal records and court proceedings related only to citations, arrests, charges, or convictions for the commission of a criminal offense that has subsequently been decriminalized, legalized, or held to be unconstitutional by the Court of Appeals for the District of Columbia or the Supreme Court of the United States, or records related only to simple possession for any quantity of marijuana in violation of Sec. 48-904.01(d)(1) before February 15, 2015, if: [``(1) The case was terminated by the prosecutor or otherwise reached a final disposition; and [``(2) The prosecutor has not: [``(A) Filed a written motion, which may be made ex parte, to: [``(i) Retain and sequester the record for a limited period of time; or [``(ii) Contest that a particular person qualifies for expungement under this section; and [``(B) Demonstrated by clear and convincing evidence that: [``(i) Retention is necessary for a lawful purpose, such as: [``(I) Investigating, prosecuting, or defending another criminal case; [``(II) Complying with disclosure obligations in another criminal case; or [``(III) Determining the person's suitability for diversion, release, sentencing reduction, or record sealing in another case; or [``(ii) The person does not qualify for expungement under this section. [``(b) Eligible criminal records and court proceedings related to citations, arrests, charges, and convictions shall be expunged pursuant to subsection (a) of this section by January 1, 2025, or within 90 days after termination of the case by the prosecutor or final disposition, whichever is later. [Sec. 16-803. Expungement of criminal records by motion [``(a) The Court shall order expungement of all criminal records and court proceedings related only to citations, arrests, or charges for the commission of a criminal offense on the grounds of actual innocence if: [``(1) The case was terminated by the prosecutor or otherwise reached a final disposition and did not result in a conviction or acquittal pursuant to Sec. 24-501; and [``(2) The person cited, arrested, or charged files a written motion and demonstrates, by a preponderance of the evidence, that the offense for which the person was cited, arrested, or charged: [``(A) Did not occur; or [``(B) Was not committed by the person. [``(b) A motion filed pursuant to subsection (a)(2) of this section: [``(1) Shall state: [``(A) The grounds upon which eligibility for expungement is based; and [``(B) Facts in support of the movant's claim; and [``(2) May be: [``(A) Accompanied by a statement of points and authorities in support of the motion, and any appropriate exhibits, affidavits, and supporting documents; and [``(B) Filed at any time. [``(c) A copy of the motion and any amended motion shall be served upon the prosecutor. [``(d)(1) If it plainly appears from the face of the motion, any accompanying exhibits, affidavits, and documents, and the record of any prior proceedings in the case, that the movant is not eligible for relief or not entitled to relief, the Court may dismiss or deny the motion. [``(2) If the motion is not dismissed or denied after initial review, the Court: [``(A) Shall determine whether a hearing on the motion is required; and [``(B) May: [``(i) Order the prosecutor to file a response to the motion; and [``(ii) Set a deadline by which the response shall be filed. [``(3) At any hearing on the motion, the movant and the prosecutor may present witnesses and information by proffer or otherwise. Hearsay evidence shall be admissible. [``(4) An order dismissing, granting, or denying the motion shall be: [``(A) In writing and include reasons for the decision; [``(B) A final order for purposes of appeal; and [``(C) Issued no later than 180 days after the motion is filed, unless there exists good cause for delay. [``(5) A motion made pursuant to this section may be dismissed without prejudice to permit the movant to renew the motion after further passage of time. [``(6) If the Court denies the motion, the Court shall entertain a second motion for the same relief no sooner than one year after the date on which the order on the initial motion was resolved, unless the second motion raises grounds different than the first motion, in which case, it shall be entertained at any time. If the Court denies the movant's second motion, the Court shall entertain a third and final motion no sooner than one year after the date on which the order on the second motion was resolved, unless the third motion raises grounds different than the first 2 motions, in which case, it shall be entertained at any time. [``(7) If the Court grants the motion, it shall summarize in the order the factual circumstances of the challenged citation, arrest, or charge and any post- arrest occurrences it deems relevant, and shall rule as a matter of law that the movant did not commit the offense for which the movant was arrested or that no offense had been committed. [``(e) An acquittal or dismissal shall not establish a presumption that the movant is innocent or entitled to relief pursuant to this section. [``(f) Eligible criminal records and court proceedings related to citations, arrests, and charges shall be expunged pursuant to subsection (a) of this section within 90 days after a motion is granted. [Sec. 16-804. Effect of expungement of criminal records [``(a) The effect of expungement shall be to restore a person, in the contemplation of the law, to the status they occupied before being cited, arrested, charged, or convicted. [``(b) No person as to whom criminal record expungement relief has been granted shall be held thereafter under any provision of law to be guilty of perjury or otherwise giving a false statement by reason of failure to acknowledge or disclose that citation, arrest, charge, prosecution, disposition, or conviction, in response to any inquiry made of them for any purpose. [``(c) If the Court orders that a criminal record be expunged: [``(1) The Clerk and each prosecutor and law enforcement, corrections, pretrial, and community supervision agency shall: [``(A) Eliminate from all publicly available physical and computerized records any references that identify the person as having been cited, arrested, prosecuted, or convicted; [``(B) Be entitled to retain records relating to the person's citation, arrest, prosecution, and conviction in a nonpublic, restricted access file; and [``(C) Reply in response to public inquiries concerning the existence of the records that no records are available; [``(2) Each prosecutor and law enforcement, corrections, pretrial, and community supervision agency shall file a certification with the Court within 90 days after an order to expunge is issued that, to the best of its knowledge and belief, all references that identify the person as having been cited, arrested, prosecuted, or convicted have been expunged; [``(3) The Clerk shall: [``(A) Retain a nonpublic record, appropriately and securely indexed to protect its confidentiality, containing records retrieved pursuant to this section and the certifications filed pursuant to paragraph (2) of this subsection; and [``(B) Make reasonable efforts to provide a copy of the order to expunge and the certifications filed pursuant to paragraph (2) of this subsection to the person who was cited, arrested, charged, or convicted, or their counsel: [``(i) When the Court issues the order; [``(ii) When the certifications are filed pursuant to paragraph (2) of this subsection; and [``(iii) At any time, upon proper identification, without a showing of need; [``(4) In a case involving co-defendants in which the Court orders the person's criminal records be expunged, the Court shall order, to the extent practicable: [``(A) That only those records, or portions thereof, relating solely to the person be redacted; [``(B) That the person's name be redacted from records that are not expunged; and [``(C) The redaction of references to the person that appear in a transcript of court proceedings involving co-defendants; and [``(5) The Court shall not be required to order the redaction of the person's name from any published opinion of the trial or appellate courts that refers to the person. [``(d)(1) Records retained in a nonpublic file pursuant to this section shall only be available to: [``(A) The person who was cited, arrested, charged, or convicted, or their counsel; [``(B) A prosecutor, defense attorney, law enforcement, corrections, pretrial, or community supervision agency, for the purpose of: [``(i) Investigating, prosecuting, or defending another criminal case; [``(ii) Complying with disclosure obligations in another criminal case; or [``(iii) Determining the person's suitability for diversion, release, sentencing reduction, or record sealing in another case; and [``(C) Other persons or entities for the purpose of: [``(i) Use in civil litigation related to the citation, charge, arrest, or conviction; or [``(ii) Upon order of the Court for good cause shown, such as for anonymized records for academic or journalistic purposes. [``(2) A request for access to or to disclose expunged records may be made ex parte and may be granted by the Court for good cause shown. [``(3) If the Court permits a requestor to access or disclose expunged records, the Court and the requestor shall take all reasonable measures to ensure that the records are secure and that the contents are not identifiably disclosed, published, or redistributed, such as by issuing a protective order or electronically limiting access to verified viewers. [``(4) A person, upon making inquiry of the Court concerning the existence of criminal records involving an individual, shall be entitled to rely, for any purpose under the law, upon the clerk's response that no records are available with respect to any issue about that person's knowledge of the individual's record. [Sec. 16-805. Automatic sealing of criminal records [``(a) Except as otherwise provided in this chapter and in subsection (b) of this section, the Court shall order automatic sealing of all criminal records and court proceedings related to: [``(1) Citations, arrests, or charges for the commission of a criminal offense; provided, that the case was terminated by the prosecutor or otherwise reached a final disposition and did not result in a conviction or acquittal pursuant to Sec. 24-501; and [``(2) Citations, arrests, charges, and convictions for the commission of a misdemeanor offense that resulted in a conviction; provided, that a waiting period of at least 10 years has elapsed since completion of the sentence. [``(b) The Court shall not order automatic sealing pursuant to this section if the citation, arrest, charge, or conviction is for: [``(1) An intrafamily offense, as defined in Sec. 16-1001(8); [``(2) Parental kidnapping, as described in Sec. 16- 1022; [``(3) Criminal abuse of a vulnerable adult or elderly person, as described in Sec. 22-933; [``(4) Financial exploitation of a vulnerable adult or elderly person, as described in Sec. 22-933.01; [``(5) Refusal or neglect of a guardian to provide for child under 14 years of age, as described in Sec. 22-1102; [``(6) Incest, as defined in Sec. 22-1901; [``(7) Misdemeanor sexual abuse, as defined in Sec. 22-3006; [``(8) Violation of Chapter 30A of Title 22; [``(9) Violation of Chapter 31 of Title 22; [``(10) Violation of Chapter 31A of Title 22; [``(11) An offense for which sex offender registration is required pursuant to Chapter 40 of Title 22, and the registration period has not expired; [``(12) Violation of Chapter 40 of Title 22, as described in Sec. 22-4015; [``(13) A dangerous crime, as defined in Sec. 23- 1331(3); [``(14) A crime of violence, as defined in Sec. 23- 1331(4); [``(15) Driving under the influence (known as DUI) of alcohol or a drug, as described in Sec. 50-2206.11; [``(16) Driving under the influence of alcohol or a drug; commercial vehicle, as described in Sec. 50- 2206.12; or [``(17) Operating a vehicle while impaired, as described in Sec. 50-2206.14. [``(c) Criminal records and court proceedings: [``(1) Related to citations, arrests, and charges sealed pursuant to subsection (a)(1) of this section: [``(A) For which the case was terminated by the prosecutor or otherwise reached a final disposition and did not result in a conviction or acquittal pursuant to Sec. 24-501 prior to the effective date of the Second Chance Amendment Act of 2022, passed on 2nd reading on December 20, 2022 (Enrolled version of Bill 24- 63), shall be sealed by January 1, 2027, or within 90 days after termination of the case by the prosecutor or final disposition, whichever is later; and [``(B) For which the case was terminated by the prosecutor or otherwise reached a final disposition and did not result in a conviction or acquittal pursuant to Sec. 24-501 on or after the effective date of the Second Chance Amendment Act of 2022, on 2nd reading on December 20, 2022 (Enrolled version of Bill 24- 63), shall be sealed within 90 days after termination of the case by the prosecutor or final disposition, whichever is later; and [``(2) Related to citations, arrests, charges, and convictions sealed pursuant to subsection (a)(2) of this section shall be sealed by January 1, 2027, or within 90 days after the expiration of the waiting period, whichever is later. [Sec. 16-806. Sealing of criminal records by motion [``(a) The Court shall order the sealing of all criminal records and court proceedings related to: [``(1) Citations, arrests, and charges for the commission of a criminal offense; provided, that: [``(A) The case was terminated by the prosecutor or otherwise reached a final disposition and did not result in a conviction or acquittal pursuant to Sec. 24-501; [``(B) The offense is an offense listed in Sec. 16-805(b); and [``(C) The person cited, arrested, or charged files a written motion demonstrating, by a preponderance of the evidence, that it is in the interests of justice to seal the records; [``(2) Citations, arrests, and charges only for being a fugitive from justice; provided, that: [``(A) The person was arrested in the District as a fugitive from justice; [``(B) The person waived an extradition hearing pursuant to Sec. 23-702(f)(1) and was released pursuant to Sec. 23-702(f)(2) or detained pursuant to Sec. 23-702(f)(3); [``(C) The fugitive case was terminated by the prosecutor or otherwise reached a final disposition; and [``(D) The person cited, arrested, or charged files a written motion demonstrating, by a preponderance of the evidence, that: [``(i) They have appeared before the proper official in the jurisdiction from which they were a fugitive; and [``(ii) It is in the interests of justice to seal the records; and [``(3) Citations, arrests, charges, and convictions for the commission of a criminal offense that resulted in a conviction; provided, that: [``(A)(i) For a misdemeanor offense, a waiting period of at least 5 years has elapsed since completion of the sentence; and [``(ii) For a felony offense, a waiting period of at least 8 years has elapsed since completion of the sentence; except, that an offense in Offense Severity Group 1, 2, or 3 of the Master Grid, developed by the District of Columbia Sentencing Commission, at the time of the effective date of the Second Chance Amendment Act of 2022, passed on 2nd reading on December 20, 2022 (Enrolled version of Bill 24- 63), shall not be eligible for sealing; and [``(B) The person cited, arrested, charged, or convicted files a written motion demonstrating, by a preponderance of the evidence, that it is in the interests of justice to seal the records. [``(b)(1) The Court shall grant a motion to seal pursuant to subsection (a) of this section if it is in the interests of justice to do so. [``(2) In making a determination to grant a motion to seal, the Court: [``(A) Shall weigh: [``(i) The interests of the movant in sealing the publicly available records of their citations, charges, arrests, or convictions; [``(ii) The community's interest in furthering the movant's rehabilitation and enhancing the movant's reintegration into society through education, employment, and housing; and [``(iii) The community's interest in retaining access to those records, including the interest of current or prospective employers in making fully informed hiring or job assignment decisions and the interest in promoting public safety; and [``(B) May consider: [``(i) The nature and circumstances of the offense; [``(ii) The movant's role in the offense or alleged offense; [``(iii) The history and characteristics of the movant, including the movant's: [``(I) Character; [``(II) Physical and mental condition; [``(III) Employment history; [``(IV) Prior and subsequent conduct; [``(V) History relating to substance abuse or dependence and treatment opportunities; [``(VI) Criminal history; and [``(VII) Efforts at rehabilitation; [``(iv) The time that has elapsed since the offense; [``(v) Any statement made by the victim of the offense; [``(vi) The position of the prosecutor, if any; and [``(vii) Any other information it considers relevant. [``(c)(1) A motion to seal filed pursuant to this section: [``(A) Shall state: [``(i) All of the movant's unsealed and unexpunged citations, arrests, charges, and convictions, as reasonably known to the movant; [``(ii) The grounds upon which eligibility for sealing is based; and [``(iii) Facts in support of the movant's claim; and [``(B) May be accompanied by a statement of points and authorities in support of the motion, and any appropriate exhibits, affidavits, and supporting documents. [``(2)(A) If the Court determines that the motion filed pursuant to this section does not comply with the requirements of paragraph (1) of this subsection, the movant shall have 30 days after being notified by the Court of the noncompliance to amend their original motion to include all of their citations, arrests, charges, and convictions. [``(B) If the movant fails to amend their original motion within 30 days after notification by the Court, then the motion shall be dismissed without prejudice. [``(d) A copy of the motion and any amended motion shall be served upon the prosecutor; provided, that the prosecutor shall not be required to respond to the motion unless ordered to do so by the Court. [``(e) The waiting periods in subsection (a)(3)(A) of this section may be waived by the prosecutor in writing. [``(f)(1) If the movant files a motion to seal a record that is not in the Court database or a record and related court proceedings that are not in a publicly available database, the motion to seal and responsive pleadings shall not be available publicly. [``(2) If the Court grants a motion to seal, it shall order that the motion and responsive pleadings be sealed to the same extent and in the same manner as the records pertaining to the record and related court proceedings. [``(3) If the Court denies a motion to seal, the Court, the United States Attorney's Office, the Office of the Attorney General, and the law enforcement agency that arrested the movant shall be entitled to retain any and all records relating to the motion in a nonpublic file. [``(g) A person to whom a District arrest has been attributed, who attests under oath that the person was incorrectly identified or named, may file a motion to correct publicly available records of the arrest if the law enforcement agency did not take fingerprints at the time of the arrest and no other form of reliable identification was presented by the person who was arrested. [``(h) A movant shall not be required to: [``(1) Satisfy the waiting periods in subsection (a)(3)(A) of this section with respect to all of the movant's citations, arrests, charges, and convictions; or [``(2) Seek relief with respect to all the arrests, charges, or convictions eligible for relief. [``(i)(1) If it plainly appears from the face of the motion, any accompanying exhibits, affidavits, and documents, and the record of any prior proceedings in the case, that the movant is not eligible for relief or not entitled to relief, the Court may dismiss or deny the motion. [``(2) If the motion is not dismissed or denied after initial review, the Court: [``(A) Shall determine whether a hearing on the motion is required; and [``(B) May: [``(i) Order the prosecutor to file a response to the motion; and [``(ii) Set a deadline by which the response shall be filed. [``(3) At any hearing on the motion, the movant and the prosecutor may present witnesses and information by proffer or otherwise. Hearsay evidence shall be admissible. [``(4) An order dismissing, granting, or denying the motion shall be: [``(A) In writing and include reasons for the decision.; [``(B) A final order for purposes of appeal; and [``(C) Issued no later than 180 days after the motion is filed, unless there exists good cause for delay. [``(5) A motion made pursuant to this section may be dismissed without prejudice to permit the movant to renew the motion after further passage of time. [``(6) If the Court denies the motion, the Court shall entertain a second motion no sooner than one year after the date on which the order on the initial motion was resolved. If the Court denies the movant's second motion, the Court shall entertain a third and final motion no sooner than one year after the date on which the order on the second motion was resolved. [``(j) Criminal records and court proceedings related to citations, arrests, charges, and convictions sealed pursuant to subsection (a) of this section shall be sealed within 90 days after a motion to seal is granted. [Sec. 16-807. Effect of sealing of criminal records [``(a) The effect of criminal record sealing shall be to remove all records related to a citation, arrest, charge, prosecution, disposition, or conviction from public view and to permit restricted, nonpublic access by specific parties for specific purposes. [``(b) No person as to whom criminal record sealing relief has been granted shall be held thereafter under any provision of law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge or disclose that citation, arrest, charge, prosecution, disposition, or conviction, in response to any inquiry made of them for any purpose. [``(c) If the Court orders that a criminal record be sealed: [``(1) The Clerk and each prosecutor and law enforcement, corrections, pretrial, and community supervision agency shall: [``(A) Eliminate from all publicly available physical and computerized records any references that identify the person as having been cited, arrested, prosecuted, or convicted; [``(B) Be entitled to retain records relating to the person's citation, arrest, prosecution, and conviction in a nonpublic, restricted access file; and [``(C) Reply in response to public inquiries concerning the existence of the records that no records are available; [``(2) Each prosecutor and law enforcement, corrections, pretrial, and community supervision agency shall file a certification with the Court within 90 days after an order to seal is issued that, to the best of its knowledge and belief, all references that identify the person as having been cited, arrested, prosecuted, or convicted have been sealed; [``(3) The Clerk shall: [``(A) Retain a nonpublic record, appropriately and securely indexed to protect its confidentiality, containing records retrieved pursuant to this section and the certifications filed pursuant to paragraph (2) of this subsection; and [``(B) Make reasonable efforts to provide a copy of the order to seal and the certifications filed pursuant to paragraph (2) of this subsection to the person who was cited, arrested, charged, or convicted, or their counsel: [``(i) When the Court issues the order; [``(ii) When the certifications are filed pursuant to paragraph (2) of this subsection; and [``(iii) At any time, upon proper identification, without a showing of need; [``(4) In a case involving co-defendants in which the Court orders the person's criminal records be sealed, the Court shall order, to the extent practicable: [``(A) That only those records, or portions thereof, relating solely to the person be redacted; [``(B) That the person's name be redacted from records that are not sealed; and [``(C) The redaction of references to the person that appear in a transcript of court proceedings involving co-defendants; and [``(5) The Court shall not be required to order the redaction of the person's name from any published opinion of the trial or appellate courts that refer to the person. [``(d)(1) Records retained in a nonpublic file pursuant to this section shall only be available to: [``(A) The person who was cited, arrested, charged, or convicted, or their counsel; [``(B) A prosecutor, defense attorney, law enforcement, corrections, pretrial, or community supervision agency, for any lawful purpose, including: [``(i) Investigating, prosecuting, or defending another criminal case; [``(ii) Complying with disclosure obligations in another criminal case; [``(iii) Determining the person's suitability for diversion, release, sentencing reduction, sealing, or expungement in another case; [``(iv) The determination of conditions of release for a subsequent arrest; [``(v) The determination of whether a person has committed a second or subsequent offense for charging or sentencing purposes; [``(vi) Determining an appropriate sentence if the person is subsequently convicted of another crime; [``(vii) Employment decisions; [``(viii) Sex offender registration and notification; [``(ix) Gun offender registration; or [``(x) In determining whether a person has been in possession of a firearm in violation of Sec. 22-4503; [``(C) Except for records sealed pursuant to Sec. 16-806(a)(2), a person or entity identified in Sec. 16-801(5)(D), (E), or (F), but only to the extent that such records would have been available to that person or entity before relief was granted. Such records may be used for any lawful purpose, including: [``(i) The determination of whether a person is eligible to be licensed in a particular trade or profession; or [``(ii) Employment decisions; and [``(D) Other persons or entities for the purpose of: [``(i) Use in civil litigation related to the citation, charge, arrest, or conviction; or [``(ii) Upon order of the Court for good cause shown, such as anonymized records for academic or journalistic purposes. [``(2) A request for access to or to disclose sealed records may be made ex parte and may be granted for good cause shown. [``(3) If the Court permits a requestor to access or disclose sealed records, the Court and the requestor shall take all reasonable measures to ensure that the records are secure and that the contents are not identifiably disclosed, published, or redistributed, such as by issuing a protective order or electronically limiting access to verified viewers. [``(4) A person, upon making inquiry of the Court concerning the existence of criminal records involving an individual, shall be entitled to rely, for any purpose under the law, upon the clerk's response that no records are available with respect to any issue about that person's knowledge of the individual's record. [Sec. 16-808. Applicability [``The sealing and expungement relief available under this chapter shall apply retroactively. [Sec. 16-809. Savings provision [``This chapter shall not supersede any other provision of the District of Columbia Official Code providing for the expungement, sealing, or setting aside of criminal citations, arrests, charges, or convictions.''. [TITLE II--CRIMINAL HISTORY REPORTS [SEC. 201. DEFINITIONS. [For the purposes of this title, the term: [(1) ``Criminal history provider'' means a person or organization that compiles criminal history reports, which include information about District of Columbia Official Code or District of Columbia Municipal Regulations criminal records or the criminal records of District residents, and either uses the reports or provides the reports to a third party. The term ``criminal history provider'' does not include a government agency or a person or organization that provide reports solely to a government agency for purposes other than determining suitability for government employment. [(2) ``Criminal history report'' means criminal history information that has been compiled for the purposes of evaluating a person's character or eligibility for employment, housing, or participation in any activity or transaction; except, that information collected or disseminated solely for journalistic purposes shall not be a criminal history report. [(3) ``Government agency'' means any office, department, division, board, commission, or other agency of the District government, the government of the United States, or the government of another jurisdiction within the United States. [SEC. 202. RESTRICTIONS ON CRIMINAL HISTORY REPORTS. [A criminal history provider: [(1) Shall, unless otherwise prohibited by District or federal law: [(A) Provide the subject of a criminal record with a copy of the criminal history report the criminal history provider used or provided; [(B) State the source of reported information and the date on which the information was received from the source in a criminal history report; and [(C) Use 2 identifiers, such as date of birth and name, before reporting a person's criminal record; and [(2) Shall not, unless otherwise required by District or federal law: [(A) Provide information relating to the following: [(i) A criminal record that has been expunged, sealed, or set aside; and [(ii) A criminal record that the criminal history provider knows is inaccurate; or [(B) Include criminal history information in a criminal history report if the criminal history information has not been updated to reflect changes to the criminal history information occurring 30 days or more before the date the criminal history report is provided. [SEC. 203. FILING A COMPLAINT WITH THE OFFICE OF HUMAN RIGHTS; EXCLUSIVE REMEDY. [(a) A person claiming to be aggrieved by a violation of this title may file an administrative complaint with the Office of Human Rights within one year after the unlawful discriminatory act, or discovery thereof, in accordance with the procedures set forth in Title III of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code Sec. 2-1403.01 et seq.). [(b) The administrative remedies in subsection (a) of this section are exclusive. A person claiming to be aggrieved by a violation of this title shall not have a private cause of action in any court based on a violation of this title. [SEC. 204. PENALTIES. [(a) Except as provided in subsection (b) of this section, if the Office of Human Rights determines that there is probable cause to believe that a violation of this title has occurred, it shall certify the complaint to the Commission on Human Rights, which may impose the following penalties, of which half shall be awarded to the complainant and half shall be awarded to the District and deposited into the General Fund: [(1) For a first violation, a fine of up to $1,000; and [(2) For a second or subsequent violation, a fine of up to $5,000. [(b) For any violation of this title that occurs within 6 months after the applicability date of the Second Chance Amendment Act of 2022, passed on 2nd reading on December 20, 2022 (Enrolled version of Bill 24-63), the Commission on Human Rights shall issue warnings and orders to correct instead of imposing a penalty pursuant to subsection (a) of this section. [TITLE III--APPLICABILITY; FISCAL IMPACT STATEMENT; EFFECTIVE DATE [SEC. 301. APPLICABILITY. [(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan. [(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification. [(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register. [(2) The date of publication of the notice of the certification shall not affect the applicability of this act. [SEC. 302. FISCAL IMPACT STATEMENT. [The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code Sec. 1-301.47a). [SEC. 303. EFFECTIVE DATE. [This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code Sec. 1-206.02(c)(1)), and publication in the District of Columbia Register.] ---------- INCARCERATION REDUCTION AMENDMENT ACT OF 2016 [TITLE III--INCARCERATION REDUCTION [SEC. 301. SHORT TITLE. [This title may be cited as the ``Incarceration Reduction Amendment Act of 2016''. [Sec. 302. Section 101(a) of the attorney general for the district of columbia clarification and elected term amendment act of 2010, effective may 27, 2010 (d.c. law 18-160; d.c. official code Sec. 1-301.81(a)), is amended by adding a new paragraph (3) to read as follows: [``(3) By October 1, 2018, the Attorney General shall develop a pilot program, in collaboration with community partners, to provide victim-offender mediation as an alternative to the prosecution of juveniles in cases deemed appropriate by the Attorney General; provided, that participation in the mediation pilot program established pursuant to this paragraph shall be voluntary for both the victim and the offender.''. [Sec. 303. Section 386 of the revised statutes of the district of columbia (d.c. official code Sec. 5-113.01), is amended as follows: [(a) Designate the existing text as subsection (a). [(b) A new subsection (b) is added to read as follows: [``(b) The Metropolitan Police force shall cooperate with the Criminal Justice Coordinating Council by sharing records to the extent otherwise permissible under the law for the purpose of preparing the report described in section 1505(b-3) of the Criminal Justice Coordinating Council for the District of Columbia Establishment Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code Sec. 22-4234(b-3)).''. [Sec. 304. Of the criminal justice coordinating council for the district of columbia establishment act of 2001, effective october 3, 2001 (d.c. law 14-28; d.c. official code Sec. 22- 4234), is amended by adding new subsections (b-2) and (b-3) to read as follows: [(a) New subsections (b-2) and (b-3) are added to read as follows: [``(b-2) By October 1, 2018, and every 2 years thereafter, the CJCC shall conduct a voluntary survey of individuals under 21 years of age currently committed to the Department of Youth Rehabilitation Services or incarcerated at the Department of Corrections on their perspective on the causes of youth crime and the prevalence of adverse childhood experiences, such as housing instability, childhood abuse, family instability, substance abuse, mental illness, family criminal involvement, or other factors deemed relevant by the CJCC. [``(b-3) On October 1, 2018, and every 2 years thereafter, the CJCC shall submit a report to the Mayor and the Council containing an analysis of the root causes of youth crime and the prevalence of adverse childhood experiences among justice- involved youth, such as housing instability, childhood abuse, family instability, substance abuse, mental illness, family criminal involvement, or other factors deemed relevant by the CJCC that incorporates the results of the survey conducted pursuant to subsection (b-2) of this section.''. [Sec. 305. Section 2(b) of an act to create a department of corrections in the district of columbia, approved june 27, 1946 (60 stat. 320; d.c. official code Sec. 24-211.02(b)), is amended as follows: [(a) Paragraph (4) is amended by striking the phrase ``; and'' and inserting a semicolon in its place. [(b) Paragraph (5) is amended by striking the period and inserting the phrase ``; and'' in its place. [(c) A new paragraph (9) is added to read as follows: [``(9) Cooperating with the Criminal Justice Coordinating Council by sharing data and allowing access to individuals under 21 years of age to the extent otherwise permissible under the law for the purpose of preparing the report described in section 1505(b-3) of the Criminal Justice Coordinating Council for the District of Columbia Establishment Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code Sec. 22-4234(b-3)).''. [Sec. 306. An act to establish a board of indeterminate sentence and parole for the district of columbia and to determine its functions, and for other purposes, approved july 15, 1932 (47 stat. 697; d.c. official code Sec. 24-403 et seq.), is amended as follows: [(a) Section 3a (D.C. Official Code Sec. 24-403.01) is amended as follows: [(1) Subsection (c) is amended to read as follows: [``(c)(1) Except as provided under paragraph (2) of this subsection, a sentence under this section of imprisonment, or of commitment pursuant to section 4 of the Youth Rehabilitation Amendment Act of 1985, effective December 7, 1985 (D.C. Law 6- 69; D.C. Official Code Sec. 24-903), shall be for a definite term, which shall not exceed the maximum term allowed by law or be less than any minimum term required by law. [``(2) Notwithstanding any other provision of law, if the person committed the offense for which he or she is being sentenced under this section while under 18 years of age: [``(A) The court may issue a sentence less than the minimum term otherwise required by law; and [``(B) The court shall not impose a sentence of life imprisonment without the possibility of parole or release.''. [(2) A new subsection (c-1) is added to read as follows: [``(c-1) A person sentenced under this section to imprisonment, or to commitment pursuant to section 4 of the Youth Rehabilitation Amendment Act of 1985, effective December 7, 1985 (D.C. Law 6-69; D.C. Official Code Sec. 24-903), shall serve the term of imprisonment or commitment specified in the sentence, less any time credited toward service of the sentence under subsection (d) of this section and subject to section 3c, if applicable.''. [(3) Subsection (e) is amended by striking the phrase ``person convicted of'' wherever it appears and inserting the phrase ``person who was over 18 years of age at the time of the offense and was convicted of'' in its place. [(4) Subsection (f) is amended by striking the phrase ``person convicted of'' and inserting the phrase ``person who was over 18 years of age at the time of the offense and was convicted of'' in its place. [(b) A new section 3c is added to read as follows: [``SEC. 3C. MODIFICATION OF AN IMPOSED TERM OF IMPRISONMENT FOR VIOLATIONS OF LAW COMMITTED BEFORE 18 YEARS OF AGE [``(a) Notwithstanding any other provision of law, the court may reduce a term of imprisonment imposed upon a defendant for an offense committed before the defendant's 18th birthday if: [``(1)(A) The defendant was sentenced pursuant to section 3 and has served at least 20 years in prison and not yet become eligible under section 4 for release on parole from the sentence imposed; or [``(B) The defendant was sentenced pursuant to section 3a or was committed pursuant to section 4 of the Youth Rehabilitation Amendment Act of 1985, effective December 7, 1985 (D.C. Law 6-69; D.C. Official Code Sec. 24-903), and has served at least 20 years in prison; and [``(2) The court finds, after considering the factors set forth in subsection (c) of this section, that the defendant is not a danger to the safety of any person or the community and that the interests of justice warrant a sentence modification. [``(b)(1) A defendant convicted as an adult of an offense committed before his or her 18th birthday may file an application for a sentence modification under this section. The application shall be in the form of a motion to reduce the sentence. The application may include affidavits or other written material. The application shall be filed with the sentencing court and a copy shall be served on the United States Attorney. [``(2) The court may direct the parties to expand the record by submitting additional written materials related to the motion. The court shall hold a hearing on the motion at which the defendant and the defendant's counsel shall be given an opportunity to speak on the defendant's behalf. The court may permit the parties to introduce evidence. [``(3) The defendant shall be present at any hearing conducted under this section unless the defendant waives the right to be present. Any proceeding under this section may occur by video teleconferencing and the requirement of a defendant's presence is satisfied by participation in the video teleconference. [``(4) The court shall issue an opinion in writing stating the reasons for granting or denying the application under this section. [``(c) The court, in determining whether to reduce a term of imprisonment pursuant to subsection (a) of this section, shall consider: [``(1) The defendant's age at the time of the offense; [``(2) The nature of the offense and the history and characteristics of the defendant; [``(3) Whether the defendant has substantially complied with the rules of the institution to which he or she has been confined and whether the defendant has completed any educational, vocational, or other program, where available; [``(4) Any report or recommendation received from the United States Attorney; [``(5) Whether the defendant has demonstrated maturity, rehabilitation, and a fitness to reenter society sufficient to justify a sentence reduction; [``(6) Any statement, provided orally or in writing, provided pursuant to D.C. Official Code Sec. 23-1904 or 18 U.S.C. Sec. 3771 by a victim of the offense for which the defendant is imprisoned, or by a family member of the victim if the victim is deceased; [``(7) Any reports of physical, mental, or psychiatric examinations of the defendant conducted by licensed health care professionals; [``(8) The defendant's family and community circumstances at the time of the offense, including any history of abuse, trauma, or involvement in the child welfare system; [``(9) The extent of the defendant's role in the offense and whether and to what extent an adult was involved in the offense; [``(10) The diminished culpability of juveniles as compared to that of adults, and the hallmark features of youth, including immaturity, impetuosity, and failure to appreciate risks and consequences, which counsel against sentencing them to a lifetime in prison; and [``(11) Any other information the court deems relevant to its decision. [``(d) If the court denies the defendant's 1st application under this section, a court shall entertain a 2nd application under this section no sooner than 5 years after the date that the order on the initial application becomes final. If a sentence has not been reduced after a 2nd application, a court shall entertain a 3rd and final application under this section no sooner than 5 years following the date that the order on the 2nd application becomes final. No court shall entertain a 4th or successive application under this section. [``(e) Any defendant whose sentence is reduced under this section shall be resentenced pursuant to section 3, section 3a, or section 4 of the Youth Rehabilitation Amendment Act of 1985, effective December 7, 1985 (D.C. Law 6-69; D.C. Official Code Sec. 24-903), as applicable.''.] ---------- CHAPTER 22 OF TITLE 50 OF THE DISTRICT OF COLUMBIA OFFICIAL CODE * * * * * * * Subchapter I--GENERAL PROVISIONS * * * * * * * PART A--TRAFFIC ACT, 1925 [Sec. 50-2209.01. Authorized; violations as moving violations; evidence; definition [(a) The Mayor is authorized to use an automated traffic enforcement system to detect moving infractions. Violations detected by an automated traffic enforcement system shall constitute moving violations. Proof of an infraction may be evidenced by information obtained through the use of an automated traffic enforcement system. For the purposes of this subchapter, the term ``automated traffic enforcement system'' means equipment that takes a film or digital camera-based photograph which is linked with a violation detection system that synchronizes the taking of a photograph with the occurrence of a traffic infraction. [(b) Recorded images taken by an automated traffic enforcement system are prima facie evidence of an infraction and may be submitted without authentication. [(c) An individual's driver's license or privilege to operate a motor vehicle in the District shall not be suspended for a violation detected by an automated traffic enforcement system for failure to: [(1) Timely answer a notice of infraction; [(2) Appear, without good cause, at a scheduled hearing; or [(3) Timely pay any civil fine or penalty. [Sec. 50-2209.02. Liability for fines; notice of infraction; hearing [(a) Absent an intervening criminal or fraudulent act, the owner of a vehicle issued a notice of infraction shall be liable for payment of the fine assessed for the infraction. [(b) When a violation is detected by an automated traffic enforcement system, the Mayor shall mail a summons and a notice of infraction to the name and address of the registered owner of the vehicle on file with the Department of Motor Vehicles or the appropriate state motor vehicle agency. The notice shall include the date, time, and location of the violation, the type of violation detected, the license plate number, and state of issuance of the vehicle detected, and a copy of the photo or digitized image of the violation. [(b-1) Not Funded. [(c) An owner or operator who receives a citation may request a hearing which shall be adjudicated pursuant to subchapter I of Chapter 23 of this title. [(d) The owner or operator of a vehicle shall not be presumed liable for violations in the vehicle recorded by an automated traffic enforcement system when yielding the right of way to an emergency vehicle, when the vehicle or tags have been reported stolen prior to the citation, when part of a funeral procession, or at the direction of a law enforcement officer. [Sec. 50-2209.03. Agreement with private entity to provide records and services [The Mayor may enter an agreement with a private entity to obtain relevant records regarding registration information or to perform tasks associated with the use of an automated traffic enforcement system, including, but not limited to, the operation, maintenance, administration or mailing of notices of violations. [Sec. 50-2209.04. Access to automated traffic enforcement and district- owned camera photographs and video footage [(a) If an automated traffic enforcement camera or other District-owned camera captures a photograph or video footage of a collision handled by the Metropolitan Police Department Major Crash Unit, the Mayor shall: [(1) Within 14 business days of the collision, inform the person or persons involved in the collision of the existence of the photograph or video footage; [(2) Ensure the preservation of the photograph or video footage for 6 months from the date the photograph or video footage was created; and [(3) Within 14 business days of the request of a person involved in the collision, provide access to the photograph or video footage; provided, that where the photograph or video footage is evidence in a criminal proceeding, access to the photograph or video footage shall be handled through the existing discovery process for criminal cases. [(b) Nothing in this section shall be construed to alter or impair the rights of any person under subchapter II of Chapter 5 of Title 2. [(c) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section. [(d) For the purposes of this section, the term ``District- owned camera'' shall not include a body-worn camera. [Sec. 50-2209.05. ATE reporting to council [(a) Beginning January 1, 2021, the District Department of Transportation, in consultation with the Department of Motor Vehicles, shall report to the Council on a semi-annual basis the following information: [(1) The top 15 automated traffic enforcement (``ATE'') locations by value of citations generated in the District; [(2) The breakdown of the jurisdictions where those receiving ATE citations and with outstanding ATE citation debt have their vehicles registered; [(3) The locations where cameras have been added in the last 6 months and the reasons why those locations were chosen; and [(4) The amount of ATE citations issued in total and by location.] * * * * * * * [Sec. 50-2201.04e. Traffic control at intersections [(a) DDOT shall erect signage prohibiting right turns when facing a red traffic control signal at an intersection that: [(1) Is within 400 feet of a playground; [(2) Is within 400 feet of an elementary or middle school or a high school; [(3) Has a bike lane running through it; [(4) Is within 400 feet of a recreation center; [(5) Is within 400 feet of a library; or [(6) Is within 400 feet of a Metrorail station entrance. [(c) Beginning January 1, 2025, a motor vehicle operator shall not make a turn when facing a steady red traffic control signal unless DDOT has installed signage, pursuant to subsection (d) of this section, permitting a turn when facing a steady red traffic control signal at that intersection. [(d)(1) DDOT may install signage at any intersection allowing motor vehicle operators to make a turn when facing a steady red traffic control signal only if DDOT: [(A) Determines that allowing a motor vehicle operator to make a turn when facing a steady red traffic control signal at the intersection would improve safety at that intersection; and [(B) Updates the information required by subsection (f) of this section. [(2) DDOT shall not use automobile delay, as described by level of service or similar measures of vehicular capacity or traffic congestion, as the basis for the determination made under paragraph (1)(A) of this subsection. [(e) By January 1, 2025, DDOT shall undertake a public education campaign on the provisions of this section. [(f) DDOT shall maintain, update within 30 days after the installation of signage permitting a turn on red, and post publicly on its website: [(1) A list of intersections where turns on red are allowed; [(2) DDOT's rationale pursuant to subsection (d)(1)(A) of this section for each intersection listed pursuant to paragraph (1) of this subsection; and [(3) The date of the signage installation allowing turns on red.] * * * * * * *
Source: H. Rept. 119-341 · govinfo
Action History
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Introduced in House
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Introduced in House
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Committee Consideration and Mark-up Session Held
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Referred to the House Committee on Oversight and Government Reform.
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Ordered to be Reported (Amended) by the Yeas and Nays: 24 - 20.
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Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 119-341.
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Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 119-341.
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Placed on the Union Calendar, Calendar No. 293.
Sponsors
- David Kustoff · Primary
- Joe Wilson · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 545 not signed on
Sponsors (1)
- Kustoff, David Republican
Co-sponsors (1)
- Wilson, Joe Republican
Not signed on (545)
545 members have not signed on to this bill.
Show all 545 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
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- HR 5242 is sponsored by Kustoff, David (Republican) and Wilson, Joe (Republican).
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- This bill is in committee in the House. Introduced September 10, 2025. It must pass committee before a floor vote.
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