The Law And Hr 5043: What's The Verdict?

did h r 5043 become law

H.R. 5043 is a bill that has been introduced in the United States Congress and the Philippine House of Representatives on various occasions. In the US, H.R. 5043, or the Fresh Start Act of 2018, was a bill that aimed to permit the expungement of records for certain nonviolent criminal offenses. It was introduced in the 115th Congress in 2018 but did not receive a vote and died in Congress. In the Philippines, House Bill No. 5043, or the Reproductive Health and Population Development Act of 2008, was introduced during the first regular session of the 14th Congress. The bill focused on reproductive health, responsible parenthood, and population development.

Characteristics Values
Bill Number H.R. 5043
Bill Name Fresh Start Act of 2018, Federal Disaster Housing Stability Act of 2021, PACT Act, Reproductive Health and Population Development Act of 2008
Bill Sponsor Rep. Steve Cohen [D-TN9]
Bill Cosponsors Rep. Lawson, Al, Jr. [D-FL-5], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Carson, Andre [D-IN-7], Rep. Titus, Dina [D-NV-1], Rep. Bass, Karen [D-CA-37], Rep. Thompson, Bennie G. [D-MS-2], Rep. Cohen, Steve [D-TN-9], Rep. Clarke, Yvette D. [D-NY-9], Rep. Bowman, Jamaal [D-NY-16], Rep. Carter, Troy [D-LA-2], Rep. Meng, Grace [D-NY-6], Rep. Sires, Albio [D-NJ-8], Rep. Bonamici, Suzanne [D-OR-1], Rep. Blumenauer, Earl [D-OR-3], Rep. Roybal-Allard, Lucille [D-CA-40]
Bill Session 115th Congress (2017-2018), 117th Congress (2021-2022), 113th Congress (2013-2014)
Bill Status Did not become law

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Did the Fresh Start Act of 2018 become law?

The Fresh Start Act of 2018 (H.R. 5043) was a bill introduced in the 115th United States Congress on February 15, 2018, by Representative Steve Cohen of Tennessee's 9th congressional district. The bill aimed to permit the expungement of records for certain nonviolent criminal offenses. Specifically, it would have allowed certain non-violent ex-federal offenders who had served their sentences and become law-abiding, productive members of society to apply to have their convictions expunged.

However, the Fresh Start Act of 2018 did not become law. It was introduced in a previous session of Congress but did not receive a vote. While the bill itself was not enacted, its provisions could have still become law if they had been included in another bill, as it is common for legislative text to be introduced concurrently in multiple bills or added to larger bills.

The idea behind the bill was to give non-violent offenders a real chance to start over by removing the stigma of a conviction, which can often impact employment, education, and housing opportunities. The bill excluded sex offenders and those who committed property or financial crimes worth more than $25,000. It also encouraged states to pass similar expungement laws for ex-state offenses, with incentives and disincentives tied to federal funding for local law enforcement.

A similar bill, the Fresh Start Act of 2019 (H.R. 121), was introduced in the subsequent 116th Congress but also did not become law.

The Legislative Journey: Bill to Law

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Did the Federal Disaster Housing Stability Act of 2021 become law?

The Federal Disaster Housing Stability Act of 2021 was introduced to Congress by Rep. Val Butler Demings on August 17, 2021. The bill was referred to the House Committee on Financial Services on the same day.

The bill sought to impose limits on foreclosures and evictions in areas affected by a declared disaster or emergency. It aimed to prevent evictions and foreclosures for individuals and families facing economic hardship due to a disaster. Specifically, it would have placed a moratorium on evictions for nonpayment of rent or other fees, including late fees, for 90 days. During this time, landlords would not be able to increase the cost of rent or require a tenant to vacate the property. The bill also included a foreclosure moratorium that would have prevented foreclosures on mortgages for six months once the moratorium was declared.

However, according to the information available, the Federal Disaster Housing Stability Act of 2021 did not become law. It is worth noting that there was a subsequent bill with the same name, the Federal Disaster Housing Stability Act of 2023, introduced by Congresswoman Sheila Cherfilus-McCormick, which may have been a reintroduction of the 2021 bill.

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Did the PACT Act become law?

The PACT Act (Partnering to Abolish Child Trafficking Act) was introduced to the House of Representatives on July 9, 2014, by Rep. Scott H. Peters (D-CA-52). The bill was referred to the Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations on September 8, 2014. However, there is no further legislative action or votes recorded for this bill, and it did not become law.

The PACT Act aimed to amend the Trafficking Victims Protection Act of 2000. Specifically, it directed the Secretary of State to report annually to Congress on child protection compacts, countries with which the US could enter into such compacts, and related assistance.

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Did the Reproductive Health and Population Development Act of 2008 become law?

The Reproductive Health and Population Development Act of 2008, also known as House Bill No. 5043, was introduced during the first regular session of the 14th Congress by Honorables Edcel C. Lagman, Janettte L. Garin, Narciso D. Santiago III, Mark Llandro Mendoza, Ana Theresia Hontiveros-Baraquel and Elandro Jesus F. Madrona.

The Act provided for a national policy on reproductive health, responsible parenthood, and population development. It sought to uphold the right of the people, particularly women, to effective and reasonable participation in the formulation and implementation of the declared policy. It also guaranteed universal access to medically-safe, legal, affordable, and quality reproductive health care services, methods, devices, supplies, and relevant information.

The Act declared the following as basic guiding principles:

  • No bias for either modern or natural methods of family planning in the promotion of reproductive health.
  • Reproductive health goes beyond a demographic target as it is principally about health and rights.
  • Gender equality and women empowerment are central elements of reproductive health and population development.
  • Effective reproductive health care services must be given primacy to ensure the birth and care of healthy children and promote responsible parenting.
  • Freedom of informed choice must be fully guaranteed by the State.
  • The number and spacing of children are left to the sound judgment of parents and couples based on their personal conviction and religious beliefs.
  • Reproductive health, including the promotion of breastfeeding, must be a joint concern of the National Government and Local Government Units (LGUs).
  • Protection and promotion of gender equality, women empowerment, and human rights, including reproductive health rights, are imperative.
  • Development is a multi-faceted process that calls for the coordination and integration of policies, plans, programs, and projects to uplift the quality of life of the people.
  • Active participation and thorough consultation with concerned non-government organizations (NGOs), people’s organizations (POs), and communities are necessary to ensure that basic policies, plans, programs, and projects address the priority needs of stakeholders.
  • Respect for, protection, and fulfillment of reproductive health rights seek to promote the rights and welfare of adult individuals, couples, adolescents, and children.
  • While nothing in this Act changes the law on abortion, as abortion remains a crime and is punishable, the government shall ensure that women seeking care for post-abortion complications shall be treated and counselled in a humane, non-judgmental, and compassionate manner.

The Act also included definitions of terms, provisions for midwives for skilled attendance, emergency obstetric care, maternal death review, hospital-based family planning, contraceptives as essential medicines, and mobile health care service. It mandated mandatory age-appropriate reproductive health education, outlined additional duties of family planning offices, and defined the ideal family size. It outlined employers' responsibilities, supported private and non-government health care service providers, and detailed a multi-media campaign for raising awareness.

The Act also outlined prohibited acts and their corresponding penalties, appropriations, implementing rules and regulations, a separability clause, a repealing clause, and the effectivity of the Act.

However, it is unclear if the Reproductive Health and Population Development Act of 2008 became law. A similar bill, the Responsible Parenthood and Reproductive Health Act of 2012, was passed and signed into law as Republic Act No. 10354 on December 21, 2012.

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What is H.R. 5043?

H.R. 5043, or the Fresh Start Act of 2018, was a bill introduced to the 115th United States Congress on February 15, 2018, by Representative Steve Cohen, Democrat of Tennessee's 9th congressional district. The bill aimed to establish a process to expunge records related to certain nonviolent criminal offences. It defined the nonviolent offences eligible for expungement, set out qualifications for eligible offenders, and established procedures for filing an expungement petition.

The bill also included incentives for states to implement similar expungement procedures. It proposed to increase by 5% the allocation of funds under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program for a state that enacts expungement procedures substantially similar to the bill. Conversely, it would decrease by 5% the JAG allocation for a state that fails to do so.

H.R. 5043 was referred to the House Committee on the Judiciary and the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. However, it did not receive a vote and died in Congress. While the bill itself did not become law, its provisions could have been incorporated into other legislation.

In a separate Congress, H.R. 5043 was also the designation of the Federal Disaster Housing Stability Act of 2021, introduced on August 17, 2021, by Representative Val Butler Demings, Democrat of Florida's 10th congressional district. This bill aimed to impose limits on foreclosures and evictions in areas affected by a declared disaster or emergency. It was referred to the House Committee on Financial Services but did not advance further.

Frequently asked questions

HR 5043 refers to a number of different bills introduced in the US and Philippines legislatures.

The 2018 bill was called the Fresh Start Act. It aimed to allow the expungement of records for certain nonviolent criminal offences.

No, the bill did not receive a vote and died in Congress.

The 2021 bill was called the Federal Disaster Housing Stability Act. It imposed limits on foreclosures and evictions in areas affected by a declared disaster or emergency.

No, the bill was introduced in the House in August 2021 and referred to the House Committee on Financial Services. I could not find further information on its legislative progress.

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