10153(a)) is amended by adding at the end the following: “(7) 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 assist law enforcement agencies of the applicant, including campus public safety departments, gain or maintain accreditation from certified law enforcement accreditation organizations in accordance with section 113 of the Law Enforcement Trust and Integrity Act of 2020.”. On June 8, 2020, the House of Representatives introduced the Justice in Policing Act of 2020 (hereinafter “the Act” or “the bill”) to “hold law enforcement accountable for misconduct in court, improve transparency through data collection, and reform police training and policies.” [chamberOfAction] => House Array TITLE III—IMPROVING POLICE TRAINING AND POLICIES, Subtitle A—End Racial and Religious Profiling Act, PART II—PROGRAMS TO ELIMINATE RACIAL PROFILING BY FEDERAL LAW ENFORCEMENT AGENCIES. 10381(b)), as amended by this Act, is further amended—. 202. (b) Required activities.—Activities carried out with a grant under this section shall include—, (1) developing a data collection tool and reporting the compiled data to the Attorney General; and. (a) Technical assistance grants authorized.—The Attorney General may make grants to eligible law enforcement agencies to be used for the activities described in subsection (c). [externalActionCode] => 8000 [description] => Introduced (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. Hartford, CT – Yesterday, Rep. John B. Larson (CT-01) cosponsored the Justice in Policing Act of 2020 that was introduced by the Congressional Black Caucus Chairwoman Karen Bass and the House Judiciary Chairman Jerrold Nadler today. Patrol vehicles with in-car video recording cameras. (D) not include personally identifiable information; (3) provide that a standardized form shall be made available to law enforcement agencies for the submission of collected data to the Department of Justice; (4) provide that law enforcement agencies shall compile data on the standardized form made available under paragraph (3), and submit the form to the Civil Rights Division and the Department of Justice Bureau of Justice Statistics; (5) provide that law enforcement agencies shall maintain all data collected under this subtitle for not less than 4 years; (6) include guidelines for setting comparative benchmarks, consistent with best practices, against which collected data shall be measured; (7) provide that the Department of Justice Bureau of Justice Statistics shall—, (A) analyze the data for any statistically significant disparities, including—. 116-434, Part I. ), Array This part may be cited as the “Police Creating Accountability by Making Effective Recording Available Act of 2020” or the “Police CAMERA Act of 2020”. 402. (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. shall be a covered program under this paragraph. 225. (3) As a result local law enforcement agencies, including police and sheriff’s departments, are acquiring this material for use in their normal operations. (a) Short title.—This section may be cited as the “Police Exercising Absolute Care With Everyone Act of 2020” or the “PEACE Act of 2020”. (d) Authorization of appropriations.—There are authorized to be appropriated to carry out activities under this section—, (1) $5,000,000, over a 2-year period, to carry out the demonstration program under subsection (a); and. 115. 373. (A) IN GENERAL.—Whenever doing so is necessary to protect personal privacy, the right to a fair trial, the identity of a confidential source or crime victim, or the life or physical safety of any person appearing in video footage, redaction technology may be used to obscure the face and other personally identifying characteristics of that person, including the tone of the person's voice, provided the redaction does not interfere with a viewer's ability to fully, completely, and accurately comprehend the events captured on the video footage. (e) Requirements.—Notwithstanding subsection (c), the following shall apply to the use of a body camera: (1) Prior to entering a private residence without a warrant or in non-exigent circumstances, a Federal law enforcement officer shall ask the occupant if the occupant wants the officer to discontinue use of the officer's body camera. (b) Requirements.—The regulations issued under subsection (a) shall—. (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. (13) The Department of Defense categorizes equipment eligible for transfer under the 1033 program as “controlled” and “un-controlled” equipment. (1) 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 and each fiscal year thereafter in which a State or Indian Tribe receives funds under a Byrne grant program, the State or Indian Tribe shall—, (A) report to the Attorney General, on a quarterly basis and pursuant to guidelines established by the Attorney General, information regarding—, (i) any incident involving the use of deadly force against a civilian by—, (I) a local law enforcement officer who is employed by the State or by a unit of local government in the State; or. (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. SEC. (4) in subsection (d), as so redesignated, by adding at the end the following: “(3) In a prosecution under subsection (c), it is not a defense that the other individual consented to the sexual act.”. 119). (4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Attorney General $750,000,000 for fiscal years 2021 through 2023 to carry out this subsection. “(ii) have no established commercial flight application. (C) inside the vehicle when transporting an arrestee or when an officer reasonably believes recording may assist with prosecution, enhance safety, or for any other lawful purpose. 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. (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. (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. [actionDate] => 2020-06-25 (ii) would not be involved in the prosecution in the ordinary course of that prosecutor’s duties. PART 1—FEDERAL POLICE CAMERA AND ACCOUNTABILITY ACT. Federal data collection on law enforcement practices. (2) REQUIREMENT FOR BODY CAMERA.—A body camera required under paragraph (1) shall—, (A) have a field of view at least as broad as the officer's vision; and. “(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. Sec. “(3) REVIEW.—The Director of the Office of Audit, Assessment, and Management shall evaluate the policies and protocols of the grantees and take such steps as the Director of the Office of Audit, Assessment, and Management determines necessary to ensure compliance with the program. 10101 et seq.) (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. (D) requiring the maintenance of adequate security measures to prevent unauthorized access to the data collected under this subtitle. 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.”. (v) Having law enforcement agencies agree to and implement memoranda of understanding with other law enforcement agencies under which the other law enforcement agencies—, (I) shall conduct the criminal investigation into the alleged use of deadly force; and, (II) upon conclusion of the criminal investigation, shall file a report with the attorney general of the State containing a determination regarding whether—, (aa) the use of deadly force was appropriate; and. 372. 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. (1) by striking “willfully” and inserting “knowingly or recklessly”; (2) by striking “, or may be sentenced to death”; and. (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. (d) Attorney’s fees.—In any action or proceeding to enforce this part against any governmental body, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney’s fees as part of the costs, and may include expert fees as part of the attorney’s fee. Attorney General to issue regulations. (c) Data on Excessive Use of Force.—Section 210402 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. National task force on law enforcement oversight. (b) Eligibility.—In order to be eligible to receive a grant under this section a law enforcement agency shall—. (b) Noncompliance.—If the Attorney General determines that the recipient of a grant from any covered program is not in compliance with the requirements of section 331 or the regulations issued under subsection (a), the Attorney General shall withhold, in whole or in part (at the discretion of the Attorney General), funds for one or more grants to the recipient under the covered program, until the recipient establishes compliance. 365. (11) USE OF FORCE.—The term “use of force” includes—. Facial recognition technology. (C) INDEPENDENT PROSECUTOR.—The term “independent prosecutor” means, with respect to a criminal investigation or prosecution of a law enforcement officer’s use of deadly force, a prosecutor who—, (i) does not oversee or regularly rely on the law enforcement agency by which the law enforcement officer under investigation is employed; and. (5) VICTIM SERVICES.—Counseling services, including psychological counseling, for individuals and communities impacted by law enforcement misconduct. (3) The development and acquisition of feedback systems and technologies that identify law enforcement agents or units of agents engaged in, or at risk of engaging in, racial profiling or other misconduct. SEC. (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. SEC. (1) any governmental body that employed any law enforcement agent who engaged in racial profiling; (2) any agent of such body who engaged in racial profiling; and. “(A) a law enforcement officer who is wearing a body-worn camera to provide an explanation if an activity that is required to be recorded by the body-worn camera is not recorded; “(B) a law enforcement officer who is wearing a body-worn camera to obtain consent to be recorded from a crime victim or witness before interviewing the victim or witness; “(C) the collection of recorded data unrelated to a legitimate law enforcement purpose be minimized to the greatest extent practicable; “(D) the system used to store recorded data collected by body-worn cameras to log all viewing, modification, or deletion of stored recorded data and to prevent, to the greatest extent practicable, the unauthorized access or disclosure of stored recorded data; “(E) any law enforcement officer be prohibited from accessing the stored data without an authorized purpose; and, “(F) the law enforcement agency to collect and report statistical data on—. (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. Sec. “(a) In general.—The Director shall establish and maintain a body-worn camera training toolkit for law enforcement agencies, academia, and other relevant entities to provide training and technical assistance, including best practices for implementation, model policies and procedures, and research materials. (B) be worn in a manner that maximizes the camera's ability to capture video footage of the officer's activities. (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—. 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. “SEC. (8) REASONABLE REQUEST.—The term “reasonable request” means all requests for information, except for those that—, (B) would result in the unnecessary disclosure of personal information; or. Attorney General to conduct study. To provide, on an emergency basis, for comprehensive policing and justice reform for District residents and visitors, and for other purposes. (A) the use of deadly force, less lethal force, and de-escalation tactics and techniques; (B) investigation of officer misconduct and practices and procedures for referring to prosecuting authorities allegations of officer use of excessive force or racial profiling; (C) disproportionate contact by law enforcement with minority communities; (F) professional verbal communications with civilians; (iii) individuals with limited English proficiency; and, (H) proper traffic, pedestrian, and other enforcement stops; and. 226. 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. If the person seeking to remain anonymous responds affirmatively, the Federal law enforcement officer shall immediately discontinue use of the body camera. 351. (c) Rules.—The Attorney General shall make rules to carry out this section and section 201, including uniform reporting standards. (A) IN GENERAL.—The term “racial profiling” means the practice of a law enforcement agent or agency relying, to any degree, on actual or perceived race, ethnicity, national origin, religion, gender, gender identity, or sexual orientation in selecting which individual to subject to routine or spontaneous investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial investigatory procedure, except when there is trustworthy information, relevant to the locality and timeframe, that links a person with a particular characteristic described in this paragraph to an identified criminal incident or scheme. “(A) IN GENERAL.—A law enforcement program under paragraph (1)(A) may include the development of best practices for and the creation of local task forces on public safety innovation, charged with exploring and developing new strategies for public safety, including non-law enforcement strategies. Law enforcement body-worn camera requirements. (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. (2) the video footage is subject to public release pursuant to subsection (l), and not exempted from public release pursuant to subsection (l)(1). (A) IN GENERAL.—A Federal law enforcement officer shall begin recording for an enforcement or investigative stop when the officer determines an enforcement stop is necessary and shall continue until the enforcement action has been completed and the subject of the enforcement or investigative stop or the officer has left the scene. [externalActionCode] => 8000 (2) prohibits a person charged with an offense described in paragraph (1) from asserting the consent of the other individual as a defense. (F) Data collection and analysis, assessments, and predicated investigations. “(15) any other factors that the Director determines are relevant in evaluating the efficacy of body-worn cameras. (6) TRAINING.—The Attorney General shall provide training to Federal law enforcement officers on interacting people described in subclauses (I) through (VII) of paragraph (5)(B)(ii). Incentivizing banning of chokeholds and carotid holds. 12601). 372. “(2) If the Secretary does not provide a certification under paragraph (1) for a Federal or State agency, the Secretary may not transfer additional property to that agency under this section. (1) LIMITATION.—A State or unit of local government, other than an Indian Tribe, may not receive funds that the State or unit of local government would otherwise receive under a Byrne grant program for a fiscal year if, on the day before the first day of the fiscal year, the State or unit of local government does not have in effect a law that is consistent with subsection (b) of this section and section 1123 of title 18, United States Code, as determined by the Attorney General. (1) COVERED PROGRAM.—The term “covered program” means any program or activity funded in whole or in part with funds made available under—. (3) LIMITATION.—The right to inspect subject to subsection (j)(1) shall not include the right to possess a copy of the body camera video footage, unless the release of the body camera footage is otherwise authorized by this part or by another applicable law. (4) The Employment Litigation Section of the Civil Rights Division. Sec. SEC. “(c) Subpoena authority.—In carrying out the authority in subsection (b), the Attorney General may require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data in any medium (including electronically stored information), as well as any tangible thing and documentary evidence, and the attendance and testimony of witnesses necessary in the performance of the Attorney General under subsection (b). (A) the use of a firearm, electronic control weapon, explosive device, chemical agent (such as pepper spray), baton, impact projectile, blunt instrument, hand, fist, foot, canine, or vehicle against an individual; (B) the use of a weapon, including a personal body weapon, chemical agent, impact weapon, extended range impact weapon, sonic weapon, sensory weapon, conducted energy device, or firearm, against an individual; or. (1) IN GENERAL.—Any data reported under this subtitle shall be collected and reported—, (A) in a manner consistent with existing programs of the Department of Justice that collect data on local law enforcement officer encounters with civilians; and. (d) Authorization of appropriations.—There are authorized to be appropriated $5,000,000 for each fiscal year to carry out this section. (1) IN GENERAL.—The Attorney General may provide technical assistance to States and community-based organizations in furtherance of the purposes of this section. (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). 343. (1) the cost of assisting the State or Indian Tribe in which the law enforcement agency is located in complying with the reporting requirements described in section 223; (2) the cost of establishing necessary systems required to investigate and report incidents as required under subsection (b)(4); (3) public awareness campaigns designed to gain information from the public on use of force by or against local and tribal law enforcement officers, including shootings, which may include tip lines, hotlines, and public service announcements; and. (a) Establishment.—There is established within the Department of Justice a task force to be known as the Task Force on Law Enforcement Oversight (hereinafter in this section referred to as the “Task Force”). 402. (2) conflicts with any terms or conditions contained in a consent decree. “(A) CRIMINAL INVESTIGATION.—An entity receiving a grant under subpart 1 of part E of this title may transfer recorded data collected by the entity from a body-worn camera to another law enforcement agency or intelligence agency for use in a criminal investigation if the requesting law enforcement or intelligence agency has reasonable suspicion that the requested data contains evidence relating to the crime being investigated. 227. (6) RECORDING.—The term “recording” means the process of capturing data or information stored on a recording medium as required under this section. (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. (2) a clear duty for Federal law enforcement officers to intervene in cases where another law enforcement officer is using excessive force against a civilian, and establish a training program that covers the duty to intervene. (2) submitted to the National Police Misconduct Registry established under section 201 records demonstrating that all law enforcement officers of the State or unit of local government have completed all State certification requirements during the 1-year period preceding the fiscal year. MOLINE – Today, Congresswoman Cheri Bustos co-sponsored the Justice in Policing Act of 2020, introduced this morning by Congressional Black Caucus Chair Karen Bass, U.S. House Judiciary Committee Chair Jerrold Nadler, and Senators Kamala Harris and Cory Booker. “(b) Limitation on use of data acquired by the Attorney General.—Data acquired under subsection (a)(1) shall be used only for research or statistical purposes and may not contain any information that may reveal the identity of the victim or any law enforcement officer.”. The Director of the Bureau of Justice Statistics of the Department of Justice shall provide to Congress and make available to the public, together with each annual report described in section 341, the data collected pursuant to this subtitle, excluding any personally identifiable information described in section 343. (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. Sec. ““It shall not be a defense or immunity in any action brought under this section against a local law enforcement officer (as such term is defined in section 2 of the George Floyd Justice in Policing Act of 2020), or in any action under any source of law against a Federal investigative or law enforcement officer (as such term is defined in section 2680(h) of title 28, United States Code), that— (4) YOUTH JUSTICE AND SCHOOL SAFETY.—Uniform standards on youth justice and school safety that include best practices for law enforcement interaction and communication with children and youth, taking into consideration adolescent development and any disability, including—, (A) the right to effective and timely notification of a parent or legal guardian of any law enforcement interaction, regardless of the immigration status of the individuals involved; and, (B) the creation of positive school climates by improving school conditions for learning by—. SEC. Nothing in this part shall be construed to impose any requirement on a Federal law enforcement officer outside of the course of carrying out that officer’s duty. Sec. Here are the steps for Status of Legislation: There is one summary for H.R.7120. Public safety innovation grants. (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. Certification requirements for hiring of law enforcement officers. “(2) REPORTS.—Not later than September 1 of each year, beginning 2 years after the date of enactment of this part, each recipient of a grant under subpart 1 of part E of this title shall submit to the Director of the Office of Audit, Assessment, and Management a report that—, “(A) describes the progress of the body-worn camera program; and. The name or identifying information of a law enforcement agent, complainant, or any other individual involved in any activity for which data is collected and compiled under this subtitle shall not be—. (a) Report by Attorney General.—Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall submit to Congress a report containing—, (1) the information required to be reported to the Attorney General under section 403(b); and, (A) the number of reports made, during the previous year, to Federal law enforcement agencies regarding persons engaging in a sexual act while acting under color of law; and. 2000e et seq. (a) Use of funds requirement.—Section 502(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. (i) disparities in the percentage of drivers or pedestrians stopped relative to the proportion of the population passing through the neighborhood; (iii) disparities in the frequency of searches performed on racial or ethnic minority drivers and the frequency of searches performed on nonminority drivers; and, (B) not later than 3 years after the date of enactment of this Act, and annually thereafter—. (3) by adding at the end the following: “(c) Subpoena authority.—In carrying out the authority in subsection (b), the Attorney General may require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data in any medium (including electronically stored information), as well as any tangible thing and documentary evidence, and the attendance and testimony of witnesses necessary in the performance of the Attorney General under subsection (b). (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. (4) participation in an administrative complaint procedure or independent audit program that meets the requirements of section 332. Only recorded portions of the audio recording or video recording medium applicable to the request will be available for inspection or copying. (B) seek public comment before finalizing the guidelines required under subparagraph (A). ), Array (2) RIGHT TO INSPECT.—During the 6-month retention period described in paragraph (1), the following persons shall have the right to inspect the body camera footage: (A) Any person who is a subject of body camera video footage, and their designated legal counsel. 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