Federal

Federal Agent Responsibility Act

Source: Congress.gov · 706 words in original text

What This Bill Does

This bill prohibits federal law enforcement officers and employees from providing financial aid or material aid to support no-knock raids conducted by state and local law enforcement. A no-knock raid is when police forcibly enter a location without announcing themselves or waiting for someone to answer the door. The bill makes an exception when there is a serious, imminent threat to someone's life.

Who It Affects

Federal law enforcement officers and employees of federal law enforcement agencies.

Key Provisions

* Federal law enforcement officers cannot provide financial aid or material aid and support to help state or local law enforcement execute warrants (Sec. 2) * Federal officers can provide medicine or other materials to treat injuries and can help people escape life-threatening situations without violating this rule (Sec. 2) * Federal officers may forcibly enter a location in less than 30 seconds if there is a threat of serious, imminent life-threatening injury to law enforcement or others, but only if they provide a written report to the judge who approved the warrant (Sec. 3) * The written report explaining why rapid entry was necessary must be submitted to the judge no more than 14 days after the warrant was executed (Sec. 3)

What Changes

Federal law enforcement officers would be prohibited from providing financial or material support to state and local no-knock raids, with limited exceptions for life-threatening situations requiring documentation.

Important Definitions

* Federal law enforcement agency: any United States agency authorized to prevent, detect, investigate or prosecute violations of federal criminal law * Federal law enforcement officer: defined in section 115 of title 18, United States Code * Material aid and support: voluntarily giving or allowing others to use lodging, communications equipment or services, facilities, weapons, personnel, vehicles, clothing or other physical assets * Non-Federal warrant: a warrant authorizing a search to confiscate a firearm by state or local law enforcement

I 118TH CONGRESS 1ST SESSION H. R. 1243 To prohibit no-knock raids from being conducted by Federal law enforcement officers, and other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 28, 2023 Mr. GOOD of Virginia introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit no-knock raids from being conducted by Federal law enforcement officers, and other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Federal Agent Respon- 4 sibility Act’’. 5 SEC. 2. PROHIBITION ON NO-KNOCK RAIDS. 6 (a) PROHIBITION AGAINST FINANCIAL AID OR MA- 7 TERIAL AID AND SUPPORT.—A Federal law enforcement 8 officer or anyone employed by a Federal law enforcement 9 agency shall not provide financial aid or material aid and 10 VerDate Sep 11 2014 05:27 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1243.IH H1243 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1243 IH support in furtherance of the execution of a non-Federal 1 warrant requested by a law enforcement agency of a State 2 or unit of local government. 3 (b) MEDICINE AND OTHER MATERIALS IN SUP- 4 PORT.—For purposes of this Act, a Federal law enforce- 5 ment officer shall not be considered to have provided fi- 6 nancial aid or material aid and support in the execution 7 of a non-Federal warrant if such officer— 8 (1) gives or allows the use of medicine or other 9 materials necessary to treat physical injuries; or 10 (2) helps a person escape a risk of a serious, 11 imminent life-threatening injury. 12 SEC. 3. EXCEPTION FOR SERIOUS, IMMINENT LIFE-THREAT- 13 ENING INJURIES; REPORT. 14 (a) CERTAIN CIRCUMSTANCES.—A Federal law en- 15 forcement officer may forcibly enter a location subject to 16 a Federal or non-Federal warrant, in less than 30 seconds, 17 if there is a threat or risk of serious, imminent life-threat- 18 ening injury to a law enforcement officer or others, and 19 the law enforcement officer who enters provides a formal 20 written report detailing such need to the judicial official 21 responsible for authorizing the Federal or non-Federal 22 warrant. 23 (b) REPORT REQUIRED.—Any report required under 24 subsection (a) shall be submitted to the judicial official 25 VerDate Sep 11 2014 05:27 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1243.IH H1243 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1243 IH responsible for authorizing the Federal or non-Federal 1 warrant not more 14 days after the date on which such 2 warrant was executed. 3 SEC. 4. DEFINITIONS. 4 In this Act: 5 (1) FEDERAL LAW ENFORCEMENT AGENCY.— 6 The term ‘‘Federal law enforcement agency’’ means 7 any agency of the United States authorized to en- 8 gage in or supervise the prevention, detection, inves- 9 tigation, or prosecution of any violation of Federal 10 criminal law. 11 (2) FEDERAL LAW ENFORCEMENT OFFICER.— 12 The term ‘‘Federal law enforcement officer’’ has the 13 meaning given in section 115 of title 18, United 14 States Code. 15 (3) FEDERAL WARRANT.—The term ‘‘Federal 16 warrant’’ means a warrant authorizing a search by 17 a Federal law enforcement officer or personnel of a 18 Federal law enforcement agency. 19 (4) MATERIAL AID AND SUPPORT.—The term 20 ‘‘material aid and support’’ means voluntarily giving 21 or allowing others to make use of lodging, commu- 22 nications equipment or services, facilities, weapons, 23 personnel, vehicles, clothing, or other physical assets. 24 VerDate Sep 11 2014 05:27 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1243.IH H1243 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 1243 IH (5) NON-FEDERAL WARRANT.—The term ‘‘non- 1 Federal warrant’’ means a warrant authorizing a 2 search executing an ex parte judicial order to con- 3 fiscate a firearm by a law enforcement officer or a 4 law enforcement agency affiliated with a State or 5 unit of local government. 6 Æ VerDate Sep 11 2014 05:27 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H1243.IH H1243 kjohnson on DSK79L0C42PROD with BILLS

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