“(4) comply with the requirements for use of recorded data under subsection (f). (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. (2) RECRUITMENT, HIRING, RETENTION, AND PROMOTION OF DIVERSE LAW ENFORCEMENT OFFICERS.—Policies, procedures, and practices for—. Sec. (v) Publication of agency policies.—Any Federal law enforcement agency policy or other guidance regarding body cameras, their use, or the video footage therefrom that is adopted by a Federal agency or department, shall be made publicly available on that agency’s website. SEC. ); (2) to affect any Federal, State, or Tribal law that applies to an Indian Tribe because of the political status of the Tribe; or. (B) seek public comment before finalizing the guidelines required under subparagraph (A). “(2) The transfer of any new (condition code A) property transferred under this section, including specific information about the type of property, the recipient of the property, the monetary value of each item of the property, and the total monetary value of all such property transferred during the fiscal year.”. Incentivizing banning of chokeholds and carotid holds. Well, any attempt at an accurate description would include words likely to violate the decorum of this family-oriented website. 201. (k) Public review.—For purposes of subparagraphs (E), (F), and (G) of subsection (j)(2), any member of the public who is a subject of video footage, the parent or legal guardian of a minor who is a subject of the video footage, or a deceased subject's next of kin or legally authorized designee, shall be permitted to review the specific video footage in question in order to make a determination as to whether they will voluntarily request it be subjected to a minimum 3-year retention period. It places important limits on how federal law enforcement officials use BWCs. (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. 103. 362. Placed on Senate Legislative Calendar under General Orders. (9) On January 16, 2015, President Barack Obama issued Executive Order 13688 to better coordinate and regulate the federal transfer of military weapons and equipment to State, local, and Tribal law enforcement agencies. 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 … Sec. 119). 10153(a)), as amended by section 113, is amended by adding at the end the following: “(8) An assurance that, for each fiscal year covered by an application, the applicant will use not less than 5 percent of the total amount of the grant award for the fiscal year to study and implement effective management, training, recruiting, hiring, and oversight standards and programs to promote effective community and problem solving strategies for law enforcement agencies in accordance with section 114 of the Law Enforcement Trust and Integrity Act of 2020.”. (2) ALLOWABLE DEACTIVATION.—The body camera shall not be deactivated until the stop has fully concluded and the Federal law enforcement officer leaves the scene. “(3) complies with any other requirements established by the Director. (a) In general.—Federal law enforcement agencies shall—, (1) maintain adequate policies and procedures designed to eliminate racial profiling; and. (3) FEDERAL LAW ENFORCEMENT AGENCY.—The term “Federal law enforcement agency” means any agency of the United States authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of Federal criminal law. ), Array (4) IN-CAR VIDEO CAMERA.—The term “in-car video camera” means a video camera located in a patrol vehicle. Read the second time and placed on the calendar. (A) the form of deadly force used is necessary, as a last resort, to prevent imminent and serious bodily injury or death to the officer or another person; (B) the use of the form of deadly force creates no substantial risk of injury to a third person; and. (ii) Assigning of the attorney general of the State in which the alleged use of deadly force was committed to conduct the criminal investigation and prosecution. (c) Eligibility for certain grant funds.—The Attorney General shall, as appropriate and consistent with applicable law, allocate Department of Justice discretionary grant funding only to States or units of local government that require law enforcement agencies of that State or unit of local government to gain and maintain accreditation from certified law enforcement accreditation organizations in accordance with this section. “(e) Rule of construction.—Nothing in this section may be construed to limit the authority of the Attorney General under subsection (b) in any case in which a State attorney general has brought a civil action under subsection (d). (a) Ban on Federal warrants in drug cases.—Section 509 of the Controlled Substances Act (21 U.S.C. (A) a summary of data collected under sections 321(b)(3) and 331(b)(3) and from any other reliable source of information regarding racial profiling in the United States; (B) a discussion of the findings in the most recent report prepared by the Department of Justice Bureau of Justice Statistics under section 341(b)(7); (C) the status of the adoption and implementation of policies and procedures by Federal law enforcement agencies under section 321 and by the State and local law enforcement agencies under sections 331 and 332; and. [description] => Passed House United States of America in Congress assembled. (3) VIDEO FOOTAGE.—The term “video footage” means any images or audio recorded by a body camera. The bill creates a national registry—the National Police Misconduct Registry—to compile data on complaints and records of police misconduct. (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—. 10151 et seq. (7) ROUTINE OR SPONTANEOUS INVESTIGATORY ACTIVITIES.—The term “routine or spontaneous investigatory activities” means the following activities by a law enforcement agent: (D) Frisks and other types of body searches. It also limits the unnecessary use of force and restricts the use of no-knock warrants, chokeholds, and carotid holds. (c) Effective date.—This section shall take effect 12 months after the date of enactment of this Act. “(3) The limitations under this subsection shall also apply with respect to the transfer of previously transferred property of the Department of Defense from one Federal or State agency to another such agency. (7) In May 2012, the Defense Logistics Agency instituted a moratorium on weapons transfers through the program after reports of missing equipment and inappropriate weapons transfers. (c) Nature of proof.—Proof that the routine or spontaneous investigatory activities of law enforcement agents in a jurisdiction have had a disparate impact on individuals with a particular characteristic described in section 302(6) shall constitute prima facie evidence of a violation of this part. (a) Regulations.—Not later than 6 months after the date of enactment of this Act, the Attorney General, in consultation with stakeholders, including Federal, State, and local law enforcement agencies and community, professional, research, and civil rights organizations, shall issue regulations for the collection and compilation of data under sections 321 and 331. (A) IN GENERAL.—If funds described in paragraph (1) are withheld from a State or unit of local government pursuant to paragraph (1) for 1 or more fiscal years, and the State or unit of local government enacts or puts in place a law described in paragraph (1), and demonstrates substantial efforts to enforce such law, subject to subparagraph (B), the State or unit of local government shall be eligible, in the fiscal year after the fiscal year during which the State or unit of local government demonstrates such substantial efforts, to receive the total amount that the State or unit of local government would have received during each fiscal year for which funds were withheld. (C) would place a severe burden on the resources of the law enforcement agency given its size. 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. ), 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. This title may be cited as the “Closing the Law Enforcement Consent Loophole Act of 2019”. Sec. 225. (B) an stop about which a complaint has been registered by a subject of the video footage. (7) LIMITATION ON JUSTIFICATION DEFENSE.—. This subtitle may be cited as the “Police Reporting Information, Data, and Evidence Act of 2020” or the “PRIDE Act of 2020”. (d) Guidance.—Not later than 180 days after the date of enactment of this Act, the Attorney General, in coordination with the Director of the Federal Bureau of Investigation, shall issue guidance on best practices relating to establishing standard data collection systems that capture the information required to be reported under subsection (a)(2), which shall include standard and consistent definitions for terms. (A) submit to Congress a report containing the results of the initial analysis conducted under subsection (a)(2); (B) make the report submitted under subparagraph (A) available to the public; and. (B) be worn in a manner that maximizes the camera's ability to capture video footage of the officer's activities. The hit rate is calculated by dividing the total number of searches by the number of searches that yield contraband. (2) REALLOCATION.—Amounts not allocated under a Byrne grant program in accordance with paragraph (1) to a State for failure to comply with this section shall be reallocated under the Byrne grant program to States that have not failed to comply with this section. (b) Crisis Intervention Teams.—Section 501(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. The JUSTICE Act, Just and Unifying Solutions to Invigorate Communities Everywhere (JUSTICE), was introduced in June 2020. (D) requiring the maintenance of adequate security measures to prevent unauthorized access to the data collected under this subtitle. Section 1979 of the Revised Statutes of the United States (42 U.S.C. Federal data collection on law enforcement practices. (bb) any action should be taken by the attorney general of the State. (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—. (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—. Establishment of National Police Misconduct Registry. Stop Militarizing Law Enforcement Act. “(B) CIVIL RIGHTS CLAIMS.—An entity receiving a grant under subpart 1 of part E of this title may transfer recorded data collected by the law enforcement agency from a body-worn camera to another law enforcement agency for use in an investigation of the violation of any right, privilege, or immunity secured or protected by the Constitution or laws of the United States. “(b) Report.—Not later than 180 days after the date on which the study required under subsection (a) is completed, the Director shall submit to Congress a report on the study, which shall include any policy recommendations that the Director considers appropriate.”. The bill enhances existing enforcement mechanisms to remedy violations by law enforcement. 115. (c) Activities described.—A grant made under this section may be used by a law enforcement agency for—. (1) is independent and adequately funded; (2) has investigatory authority and subpoena power; (3) has representative community diversity; (5) provides advocates for civilian complainants; (7) conducts statistical studies on prevailing complaint trends. Training on racial bias and duty to intervene. 118. (m) Prohibited withholding of footage.—Body camera video footage may not be withheld from the public on the basis that it is an investigatory record or was compiled for law enforcement purposes where any person under investigation or whose conduct is under review is a police officer or other law enforcement employee and the video footage relates to that person's conduct in their official capacity. “(h) Prohibition on ownership of controlled property.—A Federal or State agency that receives controlled property under this section may not take ownership of the property. 10152(c)) is amended by adding at the end the following: “(3) In the case of crisis intervention teams funded under subsection (a)(1)(H), a program assessment under this subsection shall contain a report on best practices for crisis intervention.”. (b) Report by GAO.—Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Comptroller General of the United States shall submit to Congress a report on any violations of section 2243(c) of title 18, United States Code, as amended by section 402, committed during the 1-year period covered by the report. (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. Deprivation of rights under color of law. “(f) Use or transfer of recorded data.—. If the occupant responds affirmatively, the Federal law enforcement officer shall immediately discontinue use of the body camera. (h) Exceptions.—Federal law enforcement officers—, (1) shall not be required to use body cameras during investigative or enforcement stops with the public in the case that—. (C) by inserting after paragraph (21) the following: “(22) to develop best practices for and to create civilian review boards;”; and. (3) OVERSIGHT.—Complaint procedures, including the establishment of civilian review boards or analogous procedures for jurisdictions across a range of sizes and agency configurations, complaint procedures by community-based organizations, early warning systems and related intervention programs, video monitoring technology, data collection and transparency, and administrative due process requirements inherent to complaint procedures for members of the public and law enforcement. “(B) Vehicles, except for passenger automobiles (as such term is defined in section 32901(a)(18) of title 49, United States Code) and bucket trucks. (2) PROHIBITION ON LESS LETHAL FORCE.—A Federal law enforcement officer may not use any less lethal force unless—, (A) the form of less lethal force used is necessary and proportional in order to effectuate an arrest of a person who the officer has probable cause to believe has committed a criminal offense; and. Such a subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate district court of the United States. (D) a description of any other policies and procedures that the Attorney General believes would facilitate the elimination of racial profiling. (3) DATA COLLECTION.—After completion of the initial analysis under paragraph (2), and considering material investigatory issues, the Attorney General shall gather additional data nationwide on similar laws, rules, and procedures from a representative and statistically significant sample of jurisdictions, to determine whether such laws, rules, and procedures raise such material investigatory issues. (D) A Federal law enforcement officer whose body camera recorded the video footage, and their designated legal counsel, subject to the limitations and restrictions in this part. “(B) contains recommendations on ways in which the Federal Government, States, and units of local government can further support the implementation of the program. (. “(1) the number of preliminary investigations of violations of subsection (a) that were commenced; “(2) the number of preliminary investigations of violations of subsection (a) that were resolved; and. 365. 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 … (4) The establishment and maintenance of an administrative complaint procedure or independent auditor program. ), (PDF provides a complete and accurate display of this text.). (VII) persons with limited English proficiency. 373. Under no circumstances shall any recording made on in-car video camera recording medium be altered or erased prior to the expiration of the designated storage period. 332. Sec. (a) In general.—An application by a State or a unit of local government for funding under a covered program shall include a certification that such State, unit of local government, and any law enforcement agency to which it will distribute funds—, (1) maintains adequate policies and procedures designed to eliminate racial profiling; and. Accreditation of law enforcement agencies. 341. No law enforcement agent or law enforcement agency shall engage in racial profiling. Stop Militarizing Law Enforcement Act. (2) RECORDING EQUIPMENT REQUIREMENTS.—In-car video camera recording equipment with a recording medium capable of recording for a period of 10 hours or more shall record activities—. 335. “(1) IN GENERAL.—Not later than 2 years after the date of enactment of this part, the Director of the Office of Audit, Assessment, and Management shall perform an assessment of the use of funds under this section and the policies and protocols of the grantees. (a) Remedy.—The United States, or an individual injured by racial profiling, may enforce this part in a civil action for declaratory or injunctive relief, filed either in a State court of general jurisdiction or in a district court of the United States. “(G) Items in the Federal Supply Class of banned items. Public safety innovation grants. (a) Short title.—This Act may be cited as the “George Floyd Justice in Policing Act of 2020”. Attorney General to issue regulations and reports. 10156(a)), or any amount from any other law enforcement assistance program of the Department of Justice, unless the State has ensured, to the satisfaction of the Attorney General, that the State and each local law enforcement agency of the State is in substantial compliance with the requirements of this section. (u) Limitation on use of footage as evidence.—Any body camera video footage recorded by a Federal law enforcement officer that violates this part or any other applicable law may not be offered as evidence by any government entity, agency, department, prosecutorial office, or any other subdivision thereof in any criminal or civil action or proceeding against any member of the public. (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). (4) use of force training for law enforcement agencies and personnel, including training on de-escalation, implicit bias, crisis intervention techniques, and adolescent development. SEC. (5) INDIAN TRIBE.—The term “Indian Tribe” has the meaning given the term “Indian tribe” in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. [description] => Introduced Key reforms in this bill include: Setting a strict national standard for use of force by police officers Expanding the Department of Justice… (b) Contents of registry.—The Registry required to be established under subsection (a) shall contain the following data with respect to all Federal and local law enforcement officers: (1) Each complaint filed against a law enforcement officer, aggregated by—. Policies to eliminate racial profiling. The term “prevailing plaintiff” means a plaintiff that substantially prevails pursuant to a judicial or administrative judgment or order, or an enforceable written agreement. SEC. (2) GOVERNMENTAL BODY.—The term “governmental body” means any department, agency, special purpose district, or other instrumentality of Federal, State, local, or Indian Tribal government. “(15) any other factors that the Director determines are relevant in evaluating the efficacy of body-worn cameras. (a) In general.—Beginning in the first fiscal year that begins after the date that is one year after the date of enactment of this Act, in the case of a State or unit of local government that does not have in effect a law described in subsection (b), if that State or unit of local government that would otherwise receive funds under the COPS grant program, that State or unit of local government shall not be eligible to receive such funds. “(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. 372. ( (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. Patrol vehicles with in-car video recording cameras. 10381 et seq.) (2) MODELS FOR REDUCTION OF LAW ENFORCEMENT MISCONDUCT.—The technical assistance provided by the Attorney General may include the development of models for States and community-based organizations to reduce law enforcement officer misconduct. (3) such copied data shall be made available to the public in accordance with subsection (l). ... Join our community of over 2 million activists across the nation fighting for change and for justice. In the case of a multi-jurisdictional or regional consortium, if any member of that consortium is a State or unit of local government that does not have in effect a law described in subsection (b), if that consortium would otherwise receive funds under the COPS grant program, that consortium shall not be eligible to receive such funds. Only recorded portions of the audio recording or video recording medium applicable to the request will be available for inspection or copying. (iii) the non-Federal law enforcement officer’s use of deadly force resulted in a death or injury. (2) divulged or used by any law enforcement agency for any commercial or other non-law enforcement purpose. 341. (b) Policies.—The policies and procedures described in subsection (a)(1) shall include—. (3) PERIODIC REVIEW AND REPORTS.—The Attorney General may require a grant recipient to submit biannually to the Attorney General the results of the monitoring and evaluations required under paragraphs (1) and (2) and such other data and information as the Attorney General determines to be necessary. “(6) The Secretary shall require, as a condition of any transfer of property under this section, that the Federal or State agency that receives the property shall return the property to the Secretary if the agency—, “(A) is investigated by the Department of Justice for any violation of civil liberties; or. (B) REQUIREMENTS.—An evaluation conducted under subparagraph (A) may include independent audits of police behavior and other assessments of individual program implementations. (3) any person with supervisory authority over such agent. (2) EXCEPTIONS.—The following categories of video footage shall not be released to the public in the absence of express written permission from the non-law enforcement subjects of the video footage: (A) Video footage not subject to a minimum 3-year retention period pursuant to subsection (j). Not later than 6 months after the date of the enactment of this Act, the Attorney General shall issue such final regulations as are necessary to carry out this part. “(j) Notice to Congress of property cannibalization.—Before the Defense Logistics Agency authorizes the recipient of property transferred under this section to cannibalize the property, the Secretary shall submit to Congress notice of such authorization, including the name of the recipient requesting the authorization, the purpose of the proposed cannibalization, and the type of property proposed to be cannibalized. (B) the COPS grant program, except that no program, project, or other activity specified in section 1701(b)(13) of part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. (a) Byrne grants used for local task forces on public safety innovation.—Section 501(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. Sec. (3) GUIDANCE.—Not later than 120 days after the date of enactment of this Act, the Attorney General, in consultation with impacted persons, communities, and organizations, including representatives of civil and human rights organizations, individuals against whom a law enforcement officer used force, and representatives of law enforcement associations, shall make guidance available to States and units of local government on the criteria that the Attorney General will use in determining whether the State or unit of local government has in place a law described in paragraph (1).

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