(g) Applications.—An application for a grant under subsection (b) shall be submitted in such form, and contain such information, as the Attorney General may prescribe by rule. It also limits the unnecessary use of force and restricts the use of no-knock warrants, chokeholds, and carotid holds. (1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall publish, and make available to the public, a report containing the data reported to the Attorney General under this section. 117. (1) in the section heading, by adding at the end the following: “or by any person acting under color of law”; (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (3) by inserting after subsection (b) the following: “(c) Of an individual by any person acting under color of law.— “(1) IN GENERAL.—Whoever, acting under color of law, knowingly engages in a sexual act with an individual, including an individual who is under arrest, in detention, or otherwise in the actual custody of any Federal law enforcement officer, shall be fined under this title, imprisoned not more than 15 years, or both. (C) identify the jurisdictions for which the study described in subsection (a)(3) is to be conducted. (2) training on racial profiling issues as part of law enforcement training; (3) the collection of data in accordance with the regulations issued by the Attorney General under section 341; and. (c) Definition.—In this section, the term “no-knock warrant” means a warrant that allows a law enforcement officer to enter a property without requiring the law enforcement officer to announce the presence of the law enforcement officer or the intention of the law enforcement officer to enter the property. 365. PART V—DEPARTMENT OF JUSTICE REGULATIONS AND REPORTS ON RACIAL PROFILING IN THE UNITED STATES. [actionDate] => 2020-06-25 14141); and programs managed by the DOJ Community Relations Service. Enactment of laws penalizing engaging in sexual acts while acting under color of law. Sec. (6) RECORDING.—The term “recording” means the process of capturing data or information stored on a recording medium as required under this section. (c) Effective date.—This section shall take effect 12 months after the date of enactment of this Act. “(B) If the Secretary issues a waiver under subparagraph (A), the Secretary shall—, “(i) submit to Congress notice of the waiver, and post such notice on a public Internet website of the Department, by not later than 30 days after the date on which the waiver is issued; and. Accreditation of law enforcement agencies. The George Floyd Justice In Policing Act is the first-ever bold, comprehensive approach to hold police accountable, end racial profiling, change the law enforcement culture, empower communities, and build trust between law enforcement and minority communities by addressing systemic racism and bias. (13) FACIAL RECOGNITION.—The term “facial recognition” means an automated or semiautomated process that analyzes biometric data of an individual from video footage to identify or assist in identifying an individual. (B) INCIDENTS REPORTED UNDER DEATH IN CUSTODY REPORTING ACT.—A State or Indian Tribe is not required to include in a report under subsection (a)(1) an incident reported by the State or Indian Tribe in accordance with section 20104(a)(2) of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 363. 115. Sec. 321. The George Floyd Justice in Policing Act passed the Democratically-controlled House of Representatives in February, but has yet to receive a vote in the evenly-split Senate. The "Justice in Policing Act," if passed, would curb officer immunity from legal repercussions stemming from acts committed in the line of duty, among other proposals. (A) whenever a patrol vehicle is assigned to patrol duty; (i) a Federal law enforcement officer assigned that patrol vehicle is conducting an enforcement or investigative stop; (ii) patrol vehicle emergency lights are activated or would otherwise be activated if not for the need to conceal the presence of law enforcement; or, (iii) an officer reasonably believes recording may assist with prosecution, enhance safety, or for any other lawful purpose; and. (1) INITIAL ANALYSIS.—The Attorney General shall perform an initial analysis of existing accreditation standards and methodology developed by law enforcement accreditation organizations nationwide, including national, State, regional, and Tribal accreditation organizations. SEC. (2) REALLOCATION.—Amounts not allocated by reason of this subsection shall be reallocated to States not disqualified by failure to comply with this section. Sec. Federal law enforcement reporting. The George Floyd Justice in Policing Act is a federal measure. “(2) may not be used for expenses related to facial recognition technology. (b) Mandatory training for Federal law enforcement officers.—The head of each Federal law enforcement agency shall require each Federal law enforcement officer employed by the agency to complete the training programs established under subsection (a). 332. (A) by redesignating paragraphs (22) and (23) as paragraphs (23) and (24), respectively; (B) in paragraph (23), as so redesignated, by striking “(21)” and inserting “(22)”; and. (3) When interacting with a person seeking to anonymously report a crime or assist in an ongoing law enforcement investigation, a Federal law enforcement officer shall, as soon as practicable, ask the person seeking to remain anonymous, if the person seeking to remain anonymous wants the officer to discontinue use of the officer's body camera. The 106-page bill, called the the JUSTICE Act -- Just and Unifying Solutions To Invigorate Communities Everywhere Act -- does not include federal mandates to curb police use of force and other questionable practices, like chokeholds, as Democrats have included in a competing … 12601), criminal enforcement under sections 241 and 242 of title 18, United States Code, and administrative enforcement by the Department of Justice of such sections, including compliance with consent decrees or judgments entered into under such section 210401; and. If passed into law, it wouldn’t advance justice or any other reasonable goal. “(B) been suspended from the program pursuant to paragraph (4); “(2) with respect to each non-Federal agency that has received controlled property under this section, the State coordinator responsible for each such agency has verified that the coordinator or an agent of the coordinator has conducted an in-person inventory of the property transferred to the agency and that 100 percent of such property was accounted for during the inventory or that the agency has been suspended from the program pursuant to paragraph (4); “(3) with respect to each Federal agency that has received controlled property under this section, the Secretary of Defense or an agent of the Secretary has conducted an in-person inventory of the property transferred to the agency and that 100 percent of such property was accounted for during the inventory or that the agency has been suspended from the program pursuant to paragraph (4); “(4) the eligibility of any agency that has received controlled property under this section for which 100 percent of the property was not accounted for during an inventory described in paragraph (1) or (2), as applicable, to receive any property transferred under this section has been suspended; and, “(5) each State coordinator has certified, for each non-Federal agency located in the State for which the State coordinator is responsible that—, “(A) the agency has complied with all requirements under this section; or, “(B) the eligibility of the agency to receive property transferred under this section has been suspended; and, “(6) the Secretary of Defense has certified, for each Federal agency that has received property under this section that—. (1) the law enforcement agency that employs the law enforcement officer, or the agency or department conducting the related criminal investigation, as appropriate, shall promptly take possession of the body camera, and shall maintain such camera, and any data on such camera, in accordance with the applicable rules governing the preservation of evidence; (2) a copy of the data on such body camera shall be made in accordance with prevailing forensic standards for data collection and reproduction; and. 372. “(i) incidences of use of force, disaggregated by race, ethnicity, gender, and age of the victim; “(ii) the number of complaints filed against law enforcement officers; “(iii) the disposition of complaints filed against law enforcement officers; “(iv) the number of times camera footage is used for evidence collection in investigations of crimes; and. The data collected shall be disaggregated by race, ethnicity, national origin, gender, and religion. SEC. (1) the Committees on the Judiciary of the House of Representatives and of the Senate; (2) the Committee on Oversight and Reform of the House of Representatives; and. (2) APPLICATION.—A State seeking a grant under paragraph (1) shall submit an application in such form, at such time, and containing such information as the Attorney General may require. (a) In general.—The Attorney General shall establish—, (1) a training program for law enforcement officers to cover racial profiling, implicit bias, and procedural justice; and. (7) RECORDING MEDIUM.—The term “recording medium” means any recording medium for the retention and playback of recorded audio and video including VHS, DVD, hard drive, solid state, digital, or flash memory technology. (4) LAW ENFORCEMENT AGENCY.—The term “law enforcement agency” means any Federal, State, or local public agency engaged in the prevention, detection, or investigation of violations of criminal, immigration, or customs laws. (2) GUIDELINES.—The regulations issued under paragraph (1) shall contain guidelines that ensure the fairness, effectiveness, and independence of the administrative complaint procedures and independent auditor programs. The legislation was introduced in the United States House of Representatives on February 24, 2021. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall apply with respect to any transfer of property made after the date of the enactment of this Act. “(1) the terms ‘deadly force’ and ‘less lethal force’ have the meanings given such terms in section 2 and section 364 of the George Floyd Justice in Policing Act of 2020; and. [description] => Passed House Read the second time and placed on the calendar. (a) Agencies To report.—Each Federal, State, Tribal, and local law enforcement agency shall report data of the practices enumerated in subsection (c) of that agency to the Attorney General. 118. “(1) IN GENERAL.—Recorded data collected by an entity receiving a grant under a grant under subpart 1 of part E of this title from a body-worn camera shall be used only in internal and external investigations of misconduct by a law enforcement agency or officer, if there is reasonable suspicion that a recording contains evidence of a crime, or for limited training purposes. Empowerment Programs; Join the NAACP. 10152(a)(1)) is amended by adding at the end the following: “(I) Training programs for law enforcement officers, including training programs on use of force and a duty to intervene.”. SEC. (4) APPLICATION.—This subsection shall apply to the first fiscal year that begins after the date that is 1 year after the date of the enactment of this Act, and each fiscal year thereafter. (3) INFORMATION REGARDING SCHOOL RESOURCE OFFICERS.—The State or Indian Tribe shall ensure that all schools and local educational agencies within the jurisdiction of the State or Indian Tribe provide the State or Indian Tribe with the information needed regarding school resource officers to comply with this section. SEC. (B) reasonable alternatives to the use of the form of less lethal force have been exhausted. Incentivizing banning of chokeholds and carotid holds. (i) prepare a report regarding the findings of the analysis conducted under subparagraph (A); (ii) provide such report to Congress; and, (iii) make such report available to the public, including on a website of the Department of Justice, and in accordance with accessibility standards under the Americans with Disabilities Act of 1990 (42 U.S.C. “(e) Reporting.—Statistical data required to be collected under subsection (d)(1)(D) shall be reported to the Director, who shall—, “(1) establish a standardized reporting system for statistical data collected under this program; and. (2) PRIVACY PROTECTIONS.—Nothing in this subsection shall be construed to supersede the requirements or limitations under section 552a of title 5, United States Code (commonly known as the “Privacy Act of 1974”). Upon receiving notice, every reasonable effort shall be made to correct and repair any of the in-car video camera recording equipment or recording medium and determine if it is in the public interest to permit the use of the patrol vehicle. “(2) conduct periodic evaluations of the security of the storage and handling of the body-worn camera data. Both the Justice in Policing Act and the JUSTICE Act include provisions designed to limit the use of chokeholds by federal, state, and local law enforcement, though the two statutes differ in their breadth and approach. (iv) Adopting a procedure under which an independent prosecutor is assigned to investigate and prosecute the case. PART III—PROGRAMS TO ELIMINATE RACIAL PROFILING BY STATE AND LOCAL LAW ENFORCEMENT AGENCIES. SEC. Attorney General to conduct study. (3) ELIGIBILITY.—To be eligible for a grant under this subsection, a State or Indian Tribe shall have in effect an independent investigation of law enforcement statute. “(2) PROHIBITION ON TRANSFER.—Except as provided in paragraph (3), an entity receiving a grant under subpart 1 of part E of this title may not transfer any recorded data collected by the entity from a body-worn camera to another law enforcement or intelligence agency. (B) LIMIT ON AMOUNT OF PRIOR YEAR FUNDS.—A State or unit of local government may not receive funds under subparagraph (A) in an amount that is more than the amount withheld from the State or unit of local government during the 5-fiscal-year period before the fiscal year during which funds are received under subparagraph (A). (d) Authorization of appropriations.—There are authorized to be appropriated $5,000,000 for each fiscal year to carry out this section. Pattern and practice investigations. (text: CR H2440-2453) (d) Components of pilot program.—A pilot program developed under subsection (c)(2) shall include implementation of the following: (1) TRAINING.—The implementation of policies, practices, and procedures addressing training and instruction to comply with accreditation standards in the areas of—. (i) one or more of the possible defendants is a law enforcement officer; (ii) one or more of the alleged offenses involves the law enforcement officer’s use of deadly force in the course of carrying out that officer’s duty; and. (c) Activities described.—A grant made under this section may be used by a law enforcement agency for—. (A) appropriate disciplinary action shall be taken against the individual officer, employee, or agent; (B) a rebuttable evidentiary presumption shall be adopted in favor of a criminal defendant who reasonably asserts that exculpatory evidence was destroyed or not captured; and. (c) Data on Excessive Use of Force.—Section 210402 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. (B) recommend additional areas for the development of national standards for the accreditation of law enforcement agencies in consultation with existing law enforcement accreditation organizations, professional law enforcement associations, labor organizations, community-based organizations, and professional civilian oversight organizations. It creates a national registry of cops with unclean records. (C) provides information on the status of an investigation related to a use of force complaint. ), without regard to whether the funds are characterized as being made available under the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. 2000e et seq. [externalActionCode] => 1000 (B) notify the person that the law enforcement officer will use force against the person if the person resists arrest or flees. Prohibition on engaging in sexual acts while acting under color of law. (B) be worn in a manner that maximizes the camera's ability to capture video footage of the officer's activities. (C) The spouse, next of kin, or legally authorized designee of a deceased subject of body camera video footage, and their designated legal counsel. The George Floyd Justice in Policing Act of 2021 is a civil rights and police reform bill drafted by Democrats in the United States Congress, including members of the Congressional Black Caucus. Sec. (A) complaints that were found to be credible or that resulted in disciplinary action against the law enforcement officer, disaggregated by whether the complaint involved a use of force or racial profiling (as such term is defined in section 302); (B) complaints that are pending review, disaggregated by whether the complaint involved a use of force or racial profiling; and. Array Sec. (i) IN GENERAL.—The term “reasonable alternatives” means tactics and methods used by a Federal law enforcement officer to effectuate an arrest that do not unreasonably increase the risk posed to the law enforcement officer or another person, including verbal communication, distance, warnings, deescalation tactics and techniques, tactical repositioning, and other tactics and techniques intended to stabilize the situation and reduce the immediacy of the risk so that more time, options, and resources can be called upon to resolve the situation without the use of force. (b) Grant program for community organizations.—The Attorney General may make grants to community-based organizations to study and implement—, (1) effective management, training, recruiting, hiring, and oversight standards and programs to promote effective community and problem solving strategies for law enforcement agencies; or. (A) be disaggregated by race, ethnicity, national origin, gender, disability, and religion; (B) include the date, time, and location of such investigatory activities; (C) include detail sufficient to permit an analysis of whether a law enforcement agency is engaging in racial profiling; and. (2) $500,000 to carry out the evaluation under subsection (c). This data may not contain any information that may reveal the identity of the victim or any law enforcement officer.”; and. (b) COPS grant program used for civilian review boards.—Part Q of title I of the of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. Attorney General to issue regulations and reports. (d) Accessibility of recordings.—Audio or video recordings made pursuant to this section shall be available under the applicable provisions of section 552a of title 5, United States Code. (a) In general.—Federal law enforcement agencies shall—, (1) maintain adequate policies and procedures designed to eliminate racial profiling; and. Placed on Senate Legislative Calendar under General Orders. (c) Private parties.—The Attorney General shall provide notice and an opportunity for private parties to present evidence to the Attorney General that a recipient of a grant from any covered program is not in compliance with the requirements of this part. “(b) Mechanism.—In establishing the toolkit required to under subsection (a), the Director may consolidate research, practices, templates, and tools that been developed by expert and law enforcement agencies across the country. The Director shall establish rules to ensure that the recorded data is used only for the purposes described in this paragraph. (1) IN GENERAL.—Not later than 6 months after the date of enactment of this Act and in consultation with stakeholders, including Federal, State, and local law enforcement agencies and community, professional, research, and civil rights organizations, the Attorney General shall issue regulations for the operation of administrative complaint procedures and independent audit programs to ensure that such procedures and programs provide an appropriate response to allegations of racial profiling by law enforcement agents or agencies. (A) IN GENERAL.—Chapter 51 of title 18, United States Code, is amended by adding at the end the following: “§ 1123. 60). (i) eliminating school-based arrests and referrals to law enforcement; (ii) using evidence-based preventative measures and alternatives to school-based arrests and referrals to law enforcement, such as restorative justice and healing practices; and. Sec. ); and, (8) protect the privacy of individuals whose data is collected by—. ( (bb) any action should be taken by the attorney general of the State. The George Floyd Justice in Policing Act of 2020: Prohibits federal, state, and local law enforcement from racial, religious and discriminatory profiling, and mandates training on racial, religious, and discriminatory profiling for … (1) LOCAL EDUCATIONAL AGENCY.—The term “local educational agency” has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. ); and. Authorization of appropriations. [actionDate] => 2021-03-03 There are authorized to be appropriated to the Attorney General such sums as are necessary to carry out this subtitle. (i) the national origin, sex, race, ethnicity, age, disability, English language proficiency, and housing status of each civilian against whom a local law enforcement officer or tribal law enforcement officer used force; (ii) the date, time, and location, including whether it was on school grounds, and the zip code, of the incident and whether the jurisdiction in which the incident occurred allows for the open-carry or concealed-carry of a firearm; (iii) whether the civilian was armed, and, if so, the type of weapon the civilian had; (iv) the type of force used against the officer, the civilian, or both, including the types of weapons used; (vi) a description of any injuries sustained as a result of the incident; (vii) the number of officers involved in the incident; (viii) the number of civilians involved in the incident; and, (ix) a brief description regarding the circumstances surrounding the incident, which shall include information on—. (b) Requirements.—Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) Establishment of National Police Misconduct Registry. (text: CR H1039-1054) [actionDate] => 2020-06-19 (e) Penalty for States failing To report as required.—. (c) Practices To be reported on.—The practices to be reported on are the following: (4) Instances where law enforcement officers used deadly force, including—. (9) UNIT OF LOCAL GOVERNMENT.—The term “unit of local government” has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. [displayText] => Reported (Amended) by the Committee on Judiciary. Section 242 of title 18, United States Code, is amended—. Subtitle C—Law Enforcement Body Cameras, PART 1—FEDERAL POLICE CAMERA AND ACCOUNTABILITY ACT. SEC. Passed the House of Representatives June 25, 2020. (8) WIRELESS MICROPHONE.—The term “wireless microphone” means a device worn by a Federal law enforcement officer or any other equipment used to record conversations between the officer and a second party and transmitted to the recording equipment. 341. [chamberOfAction] => House (vi) Any substantially similar procedure to ensure impartiality in the investigation or prosecution. President Joe Biden is calling on Congress to pass the George Floyd Justice in Policing Act before the one-year anniversary of George Floyd’s murder, which is next Tuesday, May 25. No law enforcement agent or law enforcement agency shall engage in racial profiling. “(3) the status of any pending investigations of violations of subsection (a).”. (2) LOCAL LAW ENFORCEMENT OFFICER.—The term “local law enforcement officer” has the meaning given the term in section 2, and includes a school resource officer. There are authorized to be appropriated to the Attorney General such sums as are necessary to carry out this part. (2) PROOF COMPLIANCE WAS IMPOSSIBLE.—The disciplinary action requirement and rebuttable presumptions described in paragraph (1) may be overcome by contrary evidence or proof of exigent circumstances that made compliance impossible. (A) such disclosures as are necessary to comply with this subtitle; (B) disclosures of information regarding a particular person to that person; or, (C) disclosures pursuant to litigation; or. (3) by adding at the end the following: “For purposes of this section, an act shall be considered to have resulted in death if the act was a substantial factor contributing to the death of the person.”. (4) PROFESSIONAL LAW ENFORCEMENT ASSOCIATION.—The term “professional law enforcement association” means a law enforcement membership association that works for the needs of Federal, State, local, or Indian tribal law enforcement agencies and with the civilian community on matters of common interest, such as the Hispanic American Police Command Officers Association (HAPCOA), the National Asian Pacific Officers Association (NAPOA), the National Black Police Association (NBPA), the National Latino Peace Officers Association (NLPOA), the National Organization of Black Law Enforcement Executives (NOBLE), Women in Law Enforcement, the Native American Law Enforcement Association (NALEA), the International Association of Chiefs of Police (IACP), the National Sheriffs’ Association (NSA), the Fraternal Order of Police (FOP), or the National Association of School Resource Officers. 335. In carrying out the authority in this subsection, the State attorney general or official shall have the same subpoena authority as is available to the Attorney General under subsection (c). (b) Development of best practices.—Grant amounts described in paragraph (9) of section 502(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. (4) As a result of the wars in Iraq and Afghanistan, military equipment purchased for, and used in, those wars has become excess property and has been made available for transfer to local and Federal law enforcement agencies. (B) REQUIREMENT.—Each monitoring component required under subparagraph (A) shall include systematic identification and collection of data about activities, accomplishments, and programs throughout the duration of the program, project, or activity and presentation of such data in a usable form. (A) DEESCALATION TACTICS AND TECHNIQUES.—The term “deescalation tactics and techniques” means proactive actions and approaches used by a Federal law enforcement officer to stabilize the situation so that more time, options, and resources are available to gain a person’s voluntary compliance and reduce or eliminate the need to use force, including verbal persuasion, warnings, tactical techniques, slowing down the pace of an incident, waiting out a subject, creating distance between the officer and the threat, and requesting additional resources to resolve the incident. (7) The Office of Community Oriented Policing Services (COPS). (b) Requirements.—The regulations issued under subsection (a) shall—. SEC. (2) effective strategies and solutions to public safety, including strategies that do not rely on Federal and local law enforcement agency responses. Sec. It also establishes new reporting requirements, including on the use of force, officer misconduct, and routine policing practices (e.g., stops and searches).