Police Training and Independent Review Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1938 To provide for grants for States that require fair and impartial police training for law enforcement officers of that State and to incentivize States to enact laws requiring the independent investigation and prosecution of the use of deadly force by law enforcement officers, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 20, 2019 Ms. DUCKWORTH (for herself, Mrs. GILLIBRAND, Mr. SANDERS, Ms. HIRONO, Ms. HARRIS, and Mr. MARKEY) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide for grants for States that require fair and impar- tial police training for law enforcement officers of that State and to incentivize States to enact laws requiring the independent investigation and prosecution of the use of deadly force by law enforcement officers, and for 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 ‘‘Police Training and 4 Independent Review Act of 2019’’. 5 VerDate Sep 11 2014 02:44 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1938.IS S1938 kjohnson on DSK79L0C42 with BILLS 2 •S 1938 IS SEC. 2. GRANTS FOR TRAINING AND INDEPENDENT INVES- 1 TIGATION AND PROSECUTION. 2 Title I of the Omnibus Crime Control and Safe 3 Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended 4 by adding at the end the following: 5 ‘‘PART OO—GRANTS FOR TRAINING AND INDE- 6 PENDENT INVESTIGATION AND PROSECU- 7 TION 8 ‘‘SEC. 3051. GRANT AUTHORITY. 9 ‘‘(a) IN GENERAL.—The Attorney General may make 10 a grant to a State for purposes of implementing the train- 11 ing requirements described in section 3052(a) and an 12 independent prosecution of law enforcement statute as de- 13 scribed in section 3053. 14 ‘‘(b) TERM.—The term of a grant under subsection 15 (a) shall be 1 fiscal year. 16 ‘‘SEC. 3052. TRAINING ON FAIR AND IMPARTIAL POLICING. 17 ‘‘(a) TRAINING REQUIREMENT.—The requirements 18 of this subsection are as follows: 19 ‘‘(1) A State shall require that all individuals 20 enrolled in an academy of a law enforcement agency 21 of the State and all law enforcement officers of the 22 State complete a training session on fair and impar- 23 tial policing each year, which includes— 24 ‘‘(A) anti-bias training on implicit and ex- 25 plicit bias on the basis of race, religion, eth- 26 VerDate Sep 11 2014 02:44 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1938.IS S1938 kjohnson on DSK79L0C42 with BILLS 3 •S 1938 IS nicity, national origin, gender, sexual orienta- 1 tion, gender identity, and disability; 2 ‘‘(B) training regarding— 3 ‘‘(i) cultural diversity; 4 ‘‘(ii) police interaction with individuals 5 with mental illness or behavioral, mental, 6 or physical disabilities; 7 ‘‘(iii) crisis intervention; and 8 ‘‘(iv) de-escalation tactics; 9 ‘‘(C) scenario-based training; and 10 ‘‘(D) a requirement that officers dem- 11 onstrate proficiency in the subjects of the train- 12 ing through scenario-based tests. 13 ‘‘(2) Each law enforcement officer and each in- 14 dividual enrolled in an academy of a law enforce- 15 ment agency of a State shall complete— 16 ‘‘(A) initial training described in para- 17 graph (1) of not less than 8 hours; and 18 ‘‘(B) not less than 4 hours of training de- 19 scribed in paragraph (1) every year thereafter. 20 ‘‘(3) A State shall certify to the Attorney Gen- 21 eral of the United States that such training sessions 22 have been completed. 23 ‘‘(b) COMPLIANCE AND INELIGIBILITY.— 24 VerDate Sep 11 2014 02:44 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1938.IS S1938 kjohnson on DSK79L0C42 with BILLS 4 •S 1938 IS ‘‘(1) COMPLIANCE DATE.—To be eligible for a 1 grant under this part, a State shall, subject to para- 2 graphs (2) and (3), be in compliance with the train- 3 ing requirements under subsection (a) not later than 4 240 days after the date of enactment of this part, 5 except that the Attorney General may grant an addi- 6 tional 120 days to a State that is making good faith 7 efforts to comply with such subsection. 8 ‘‘(2) COMPLIANCE BEFORE START OF FISCAL 9 YEAR.—A State that fails to achieve compliance with 10 the training requirements under subsection (a) in 11 accordance with paragraph (1) of this subsection 12 shall be eligible for a grant under this part for a fis- 13 cal year if, on the last day of the previous fiscal 14 year, the State is in compliance with such require- 15 ments. 16 ‘‘(3) INELIGIBILITY.—A State that was eligible 17 for a grant under this part and that, as of the last 18 day of a fiscal year, is not in compliance with the 19 training requirements under subsection (a) shall not 20 be eligible for a grant under this part during the 21 next fiscal year. 22 ‘‘(c) VERIFICATION.—The attorney general of a State 23 receiving a grant under this part shall verify that the 24 training of individuals enrolled in an academy of a law 25 VerDate Sep 11 2014 02:44 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1938.IS S1938 kjohnson on DSK79L0C42 with BILLS 5 •S 1938 IS enforcement agency of the State and all law enforcement 1 officers of the State meets the requirements under sub- 2 section (a). 3 ‘‘(d) AUDIT REQUIREMENTS.—For each fiscal year 4 for which grants are made under this part, the Inspector 5 General of the Department of Justice shall conduct audits 6 of an appropriate number, as determined by the Inspector 7 General, of States receiving such a grant to ensure compli- 8 ance with the training requirements under subsection (a). 9 ‘‘SEC. 3053. INDEPENDENT REVIEW OF LAW ENFORCEMENT 10 USE OF DEADLY FORCE. 11 ‘‘To be eligible for a grant under this part for a fiscal 12 year, a State shall, as of the last day of the prior fiscal 13 year, have enacted and have in effect an independent pros- 14 ecution of law enforcement statute. 15 ‘‘SEC. 3054. DEFINITIONS. 16 ‘‘In this part: 17 ‘‘(1) The term ‘independent prosecution of law 18 enforcement statute’ means a statute requiring an 19 independent prosecution in a criminal matter in 20 which— 21 ‘‘(A) one or more of the possible defend- 22 ants is a law enforcement officer; 23 ‘‘(B) one or more of the alleged offenses 24 involves the law enforcement officer’s use of 25 VerDate Sep 11 2014 02:44 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1938.IS S1938 kjohnson on DSK79L0C42 with BILLS 6 •S 1938 IS deadly force in the course of carrying out that 1 officer’s duty; and 2 ‘‘(C) the law enforcement officer’s use of 3 deadly force resulted in a death or injury. 4 ‘‘(2) The term ‘deadly force’ means that force 5 which a reasonable person would consider likely to 6 cause death or serious bodily harm. 7 ‘‘(3) The term ‘independent prosecution’, with 8 respect to a criminal investigation or prosecution of 9 a law enforcement officer’s use of deadly force, in- 10 cludes using one or more of the following: 11 ‘‘(A) Using an agency or civilian review 12 board that investigates and independently re- 13 views all officer use of force allegations. 14 ‘‘(B) Assigning the attorney general of the 15 State in which the alleged crime was committed 16 to conduct the criminal investigation and pros- 17 ecution. 18 ‘‘(C) Adopting a procedure under which an 19 automatic referral is made to a special pros- 20 ecutor appointed and overseen by the attorney 21 general of the State in which the alleged crime 22 was committed. 23 ‘‘(D) Having law enforcement agencies 24 agree to and implement memoranda of under- 25 VerDate Sep 11 2014 02:44 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1938.IS S1938 kjohnson on DSK79L0C42 with BILLS 7 •S 1938 IS standing with other law enforcement agencies 1 under which the other law enforcement agen- 2 cies— 3 ‘‘(i) shall conduct the criminal inves- 4 tigation; and 5 ‘‘(ii) upon conclusion of the criminal 6 investigation, shall file a report with the 7 attorney general of the State containing a 8 determination regarding whether— 9 ‘‘(I) the use of deadly force was 10 appropriate; and 11 ‘‘(II) any action should be taken 12 by the attorney general of the State. 13 ‘‘(E) Using an independent prosecutor. 14 ‘‘(4) The term ‘independent prosecutor’ means, 15 with respect to a criminal investigation or prosecu- 16 tion of a law enforcement officer’s use of deadly 17 force, a prosecutor who— 18 ‘‘(A) does not live or work in the same 19 county as the county in which the alleged crime 20 was committed; and 21 ‘‘(B) would not be involved in the prosecu- 22 tion in the ordinary course of that prosecutor’s 23 duties.’’. 24 Æ VerDate Sep 11 2014 02:44 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S1938.IS S1938 kjohnson on DSK79L0C42 with BILLS