United States 119th Congress Status: In Committee 2 R cosponsors

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.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

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 chance

Based 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

Stalled 18% · moderate confidence
  • In Committee

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • 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 removed

Plain-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.

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5242 Introduced in House (IH)] <DOC> 119th CONGRESS 1st Session H.
5242 Reported in House (RH)] <DOC> Union Calendar No.
293 119th CONGRESS 1st Session H.
5242 To repeal the Second Chance Amendment Act of 2022 and the Incarceration Reduction Amendment Act of 2016.
5242 [Report No.
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 _______________________________________________________________________ A BILL 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 14, 2025 Additional sponsor:
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) 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.
Law 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)

What Congress says this changes

H. Rept. 119-341

Published 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

  1. Introduced in House

  2. Introduced in House

  3. Committee Consideration and Mark-up Session Held

  4. Referred to the House Committee on Oversight and Government Reform.

  5. Ordered to be Reported (Amended) by the Yeas and Nays: 24 - 20.

  6. Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 119-341.

  7. Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 119-341.

  8. Placed on the Union Calendar, Calendar No. 293.

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HR 5242 is sponsored by Kustoff, David (Republican) and Wilson, Joe (Republican).
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