Justice in Policing Act of 2020

II 116TH CONGRESS 2D SESSION S. 3912 To hold law enforcement accountable for misconduct in court, improve transparency through data collection, and reform police training and policies. IN THE SENATE OF THE UNITED STATES JUNE 8, 2020 Mr. BOOKER (for himself, Ms. HARRIS, Mr. SCHUMER, Mrs. FEINSTEIN, Ms. BALDWIN, Mr. BENNET, Mr. BLUMENTHAL, Mr. BROWN, Ms. CANT- WELL, Mr. CARDIN, Mr. CARPER, Mr. CASEY, Mr. COONS, Ms. DUCKWORTH, Mr. DURBIN, Mrs. GILLIBRAND, Mr. HEINRICH, Ms. HIRONO, Mr. JONES, Mr. KAINE, Ms. KLOBUCHAR, Mr. LEAHY, Mr. MARKEY, Mr. MENENDEZ, Mr. MERKLEY, Mr. MURPHY, Mrs. MURRAY, Mr. SANDERS, Mr. SCHATZ, Ms. SMITH, Ms. STABENOW, Mr. VAN HOL- LEN, Mr. UDALL, Mr. WARNER, Ms. WARREN, and Mr. WYDEN) intro- duced the following bill; which was read twice and referred to the Com- mittee on the Judiciary A BILL To hold law enforcement accountable for misconduct in court, improve transparency through data collection, and reform police training and policies. 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Justice in Policing Act of 2020’’. 5 VerDate Sep 11 2014 04:04 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3912.IS S3912 SSpencer on DSK126QN23PROD with BILLS 2 •S 3912 IS (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—POLICE ACCOUNTABILITY Subtitle A—Holding Police Accountable in the Courts Sec. 101. Deprivation of rights under color of law. Sec. 102. Qualified immunity reform. Sec. 103. Pattern and practice investigations. Sec. 104. Independent investigations. Subtitle B—Law Enforcement Trust and Integrity Act Sec. 111. Short title. Sec. 112. Definitions. Sec. 113. Accreditation of law enforcement agencies. Sec. 114. Law enforcement grants. Sec. 115. Attorney General to conduct study. Sec. 116. Authorization of appropriations. Sec. 117. National task force on law enforcement oversight. Sec. 118. Federal data collection on law enforcement practices. TITLE II—POLICING TRANSPARENCY THROUGH DATA Subtitle A—National Police Misconduct Registry Sec. 201. Establishment of National Police Misconduct Registry. Sec. 202. Certification requirements for hiring of law enforcement officers. Subtitle B—PRIDE Act Sec. 221. Short title. Sec. 222. Definitions. Sec. 223. Use of force reporting. Sec. 224. Use of force data reporting. Sec. 225. Compliance with reporting requirements. Sec. 226. Federal law enforcement reporting. Sec. 227. Authorization of appropriations. TITLE III—IMPROVING POLICE TRAINING AND POLICIES Subtitle A—End Racial and Religious Profiling Act Sec. 301. Short title. Sec. 302. Definitions. PART I—PROHIBITION OF RACIAL PROFILING Sec. 311. Prohibition. Sec. 312. Enforcement. PART II—PROGRAMS TO ELIMINATE RACIAL PROFILING BY FEDERAL LAW ENFORCEMENT AGENCIES VerDate Sep 11 2014 04:04 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S3912.IS S3912 SSpencer on DSK126QN23PROD with BILLS 3 •S 3912 IS Sec. 321. Policies to eliminate racial profiling. PART III—PROGRAMS TO ELIMINATE RACIAL PROFILING BY STATE AND LOCAL LAW ENFORCEMENT AGENCIES Sec. 331. Policies required for grants. Sec. 332. Involvement of Attorney General. Sec. 333. Data collection demonstration project. Sec. 334. Development of best practices. Sec. 335. Authorization of appropriations. PART IV—DATA COLLECTION Sec. 341. Attorney General to issue regulations. Sec. 342. Publication of data. Sec. 343. Limitations on publication of data. PART V—DEPARTMENT OF JUSTICE REGULATIONS AND REPORTS ON RACIAL PROFILING IN THE UNITED STATES Sec. 351. Attorney General to issue regulations and reports. Subtitle B—Additional Reforms Sec. 361. Training on racial bias and duty to intervene. Sec. 362. Ban on no-knock warrants in drug cases. Sec. 363. Incentivizing banning of chokeholds and carotid holds. Sec. 364. PEACE Act. Sec. 365. Stop Militarizing Law Enforcement Act. Sec. 366. Best practices for local law enforcement agencies. Subtitle C—Law Enforcement Body Cameras PART I—FEDERAL POLICE CAMERA AND ACCOUNTABILITY ACT Sec. 371. Short title. Sec. 372. Requirements for Federal uniformed officers regarding the use of body cameras. Sec. 373. Patrol vehicles with in-car video recording cameras. Sec. 374. Facial recognition technology. Sec. 375. GAO study. Sec. 376. Regulations. Sec. 377. Rule of construction. PART II—POLICE CAMERA ACT Sec. 381. Short title. Sec. 382. Law enforcement body-worn camera requirements. TITLE IV—JUSTICE FOR VICTIMS OF LYNCHING ACT Sec. 401. Short title. Sec. 402. Findings. Sec. 403. Lynching. TITLE V—MISCELLANEOUS PROVISIONS Sec. 501. Severability. Sec. 502. Savings clause. VerDate Sep 11 2014 04:04 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\S3912.IS S3912 SSpencer on DSK126QN23PROD with BILLS 4 •S 3912 IS SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) BYRNE GRANT PROGRAM.—The term 3 ‘‘Byrne grant program’’ means any grant program 4 under subpart 1 of part E of title I of the Omnibus 5 Crime Control and Safe Streets Act of 1968 (34 6 U.S.C. 10151 et seq.), without regard to whether 7 the funds are characterized as being made available 8 under the Edward Byrne Memorial State and Local 9 Law Enforcement Assistance Programs, the Local 10 Government Law Enforcement Block Grants Pro- 11 gram, the Edward Byrne Memorial Justice Assist- 12 ance Grant Program, or otherwise. 13 (2) COPS GRANT PROGRAM.—The term ‘‘COPS 14 grant program’’ means the grant program author- 15 ized under section 1701 of title I of the Omnibus 16 Crime Control and Safe Streets Act of 1968 (34 17 U.S.C. 10381). 18 (3) FEDERAL LAW ENFORCEMENT AGENCY.— 19 The term ‘‘Federal law enforcement agency’’ means 20 any agency of the United States authorized to en- 21 gage in or supervise the prevention, detection, inves- 22 tigation, or prosecution of any violation of Federal 23 criminal law. 24 (4) FEDERAL LAW ENFORCEMENT OFFICER.— 25 The term ‘‘Federal law enforcement officer’’ has the 26 VerDate Sep 11 2014 04:04 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3912.IS S3912 SSpencer on DSK126QN23PROD with BILLS 5 •S 3912 IS meaning given the term in section 115 of title 18, 1 United States Code. 2 (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 3 has the meaning given the term ‘‘Indian tribe’’ in 4 section 901 of title I of the Omnibus Crime Control 5 and Safe Streets Act of 1968 (34 U.S.C. 10251). 6 (6) LOCAL LAW ENFORCEMENT OFFICER.—The 7 term ‘‘local law enforcement officer’’ means any offi- 8 cer, agent, or employee of a State or unit of local 9 government authorized by law or by a government 10 agency to engage in or supervise the prevention, de- 11 tection, or investigation of any violation of criminal 12 law. 13 (7) STATE.—The term ‘‘State’’ has the mean- 14 ing given the term in section 901 of title I of the 15 Omnibus Crime Control and Safe Streets Act of 16 1968 (34 U.S.C. 10251). 17 (8) TRIBAL LAW ENFORCEMENT OFFICER.— 18 The term ‘‘tribal law enforcement officer’’ means 19 any officer, agent, or employee of an Indian tribe, or 20 the Bureau of Indian Affairs, authorized by law or 21 by a government agency to engage in or supervise 22 the prevention, detection, or investigation of any vio- 23 lation of criminal law. 24 VerDate Sep 11 2014 04:04 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3912.IS S3912 SSpencer on DSK126QN23PROD with BILLS 6 •S 3912 IS TITLE I—POLICE 1 ACCOUNTABILITY 2 Subtitle A—Holding Police 3 Accountable in the Courts 4 SEC. 101. DEPRIVATION OF RIGHTS UNDER COLOR OF LAW. 5 Section 242 of title 18, United States Code, is 6 amended— 7 (1) by striking ‘‘willfully’’ and inserting ‘‘know- 8 ingly or with reckless disregard’’; and 9 (2) by adding at the end the following: ‘‘For 10 purposes of this section, an act shall be considered 11 to be death resulting if the act was a substantial fac- 12 tor contributing to the death of the person.’’. 13 SEC. 102. QUALIFIED IMMUNITY REFORM. 14 Section 1979 of the Revised Statutes of the United 15 States (42 U.S.C. 1983) is amended by adding at the end 16 the following: ‘‘It shall not be a defense or immunity to 17 any action brought under this section against a local law 18 enforcement officer (as defined in section 2 of the Justice 19 in Policing Act of 2020) or a State correctional officer 20 (as defined in section 1121(b) of title 18, United States 21 Code) that— 22 ‘‘(1) the defendant was acting in good faith, or 23 that the defendant believed, reasonably or otherwise, 24 VerDate Sep 11 2014 04:04 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3912.IS S3912 SSpencer on DSK126QN23PROD with BILLS 7 •S 3912 IS that his or her conduct was lawful at the time when 1 the conduct was committed; or 2 ‘‘(2) the rights, privileges, or immunities se- 3 cured by the Constitution and laws were not clearly 4 established at the time of their deprivation by the 5 defendant, or that at this time, the state of the law 6 was otherwise such that the defendant could not rea- 7 sonably have been expected to know whether his or 8 her conduct was lawful.’’. 9 SEC. 103. PATTERN AND PRACTICE INVESTIGATIONS. 10 (a) SUBPOENA AUTHORITY.—Section 210401 of the 11 Violent Crime Control and Law Enforcement Act of 1994 12 (34 U.S.C. 12601) is amended— 13 (1) in subsection (b), by striking ‘‘paragraph 14 (1)’’ and inserting ‘‘subsection (a)’’; and 15 (2) by adding at the end the following: 16 ‘‘(c) SUBPOENA AUTHORITY.—In carrying out the 17 authority in subsection (b), the Attorney General may re- 18 quire by subpoena the production of all information, docu- 19 ments, reports, answers, records, accounts, papers, and 20 other data in any medium (including electronically stored 21 information), as well as any tangible thing and documen- 22 tary evidence, and the attendance and testimony of wit- 23 nesses necessary in the performance of the Attorney Gen- 24 eral under subsection (b). Such a subpoena, in the case 25 VerDate Sep 11 2014 04:04 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3912.IS S3912 SSpencer on DSK126QN23PROD with BILLS 8 •S 3912 IS of contumacy or refusal to obey, shall be enforceable by 1 order of any appropriate district court of the United 2 States.’’. 3 (b) GRANT PROGRAM.— 4 (1) GRANTS AUTHORIZED.—The Attorney Gen- 5 eral may award a grant to a State to assist the 6 State in conducting pattern and practice investiga- 7 tions at the State level. 8 (2) ELIGIBILITY.—In order for a State to be el- 9 igible for a grant under paragraph (1), the attorney 10 general of the State, or similar State official, shall 11 have the authority to conduct pattern and practice 12 investigations, as described in section 210401 of the 13 Violent Crime Control and Law Enforcement Act of 14 1994 (34 U.S.C. 12601), of governmental agencies 15 in the State. 16 (3) APPLICATION.—A State seeking a grant 17 under paragraph (1) shall submit an application in 18 such form, at such time, and containing such infor- 19 mation as the Attorney General may require. 20 (4) FUNDING.—There are authorized to be ap- 21 propriated $100,000,000 to the Attorney General for 22 each of fiscal years 2020 through 2022 to carry out 23 this subsection. 24 VerDate Sep 11 2014 04:04 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3912.IS S3912 SSpencer on DSK126QN23PROD with BILLS 9 •S 3912 IS SEC. 104. INDEPENDENT INVESTIGATIONS. 1 (a) IN GENERAL.— 2 (1) DEFINITIONS.—In this subsection: 3 (A) DEADLY FORCE.—The term ‘‘deadly 4 force’’ means that force which a reasonable per- 5 son would consider likely to cause death or seri- 6 ous bodily harm. 7 (B) INDEPENDENT PROSECUTION.—The 8 term ‘‘independent prosecution’’, with respect to 9 a criminal investigation or prosecution of a law 10 enforcement officer’s use of deadly force, in- 11 cludes using one or more of the following: 12 (i) Using an agency or civilian review 13 board that investigates and independently 14 reviews all officer use of force allegations. 15 (ii) Assigning the attorney general of 16 the State in which the alleged crime was 17 committed to conduct the criminal inves- 18 tigation and prosecution. 19 (iii) Adopting a procedure under 20 which an automatic referral is made to a 21 special prosecutor appointed and overseen 22 by the attorney general of the State in 23 which the alleged crime was committed. 24 (iv) Adopting a procedure under 25 which an independent prosecutor is as- 26 VerDate Sep 11 2014 04:04 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3912.IS S3912 SSpencer on DSK126QN23PROD with BILLS 10 •S 3912 IS signed to investigate and prosecute the 1 case. 2 (v) Having law enforcement agencies 3 agree to and implement memoranda of un- 4 derstanding with other law enforcement 5 agencies under which the other law en- 6 forcement agencies— 7 (I) shall conduct the criminal in- 8 vestigation; and 9 (II) upon conclusion of the crimi- 10 nal investigation, shall file a report 11 with the attorney general of the State 12 containing a determination regarding 13 whether— 14 (aa) the use of deadly force 15 was appropriate; and 16 (bb) any action should be 17 taken by the attorney general of 18 the State. 19 (vi) Using an independent prosecutor. 20 (C) INDEPENDENT PROSECUTION OF LAW 21 ENFORCEMENT STATUTE.—The term ‘‘inde- 22 pendent prosecution of law enforcement stat- 23 ute’’ means a statute requiring an independent 24 prosecution in a criminal matter in which— 25 VerDate Sep 11 2014 04:04 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3912.IS S3912 SSpencer on DSK126QN23PROD with BILLS 11 •S 3912 IS (i) one or more of the possible defend- 1 ants is a law enforcement officer; 2 (ii) one or more of the alleged offenses 3 involves the law enforcement officer’s use 4 of deadly force in the course of carrying 5 out that officer’s duty; and 6 (iii) the law enforcement officer’s use 7 of deadly force resulted in a death or in- 8 jury. 9 (D) INDEPENDENT PROSECUTOR.—The 10 term ‘‘independent prosecutor’’ means, with re- 11 spect to a criminal investigation or prosecution 12 of a law enforcement officer’s use of deadly 13 force, a prosecutor who— 14 (i) does not oversee or regularly rely 15 on the law enforcement agency by which 16 the law enforcement officer under inves- 17 tigation is employed; and 18 (ii) would not be involved in the pros- 19 ecution in the ordinary course of that pros- 20 ecutor’s duties. 21 (2) GRANT PROGRAM.—The Attorney General 22 m [Text truncated for display. 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