George Floyd Justice in Policing Act of 2020

II Calendar No. 490 116TH CONGRESS 2D SESSION H. R. 7120 IN THE SENATE OF THE UNITED STATES JUNE 29, 2020 Received JULY 2, 2020 Read the first time JULY 20, 2020 Read the second time and placed on the calendar AN ACT 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 VerDate Sep 11 2014 23:40 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7120.PCS H7120 kjohnson on DSK79L0C42PROD with BILLS 2 HR 7120 PCS SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘George Floyd Justice in Policing Act of 2020’’. 3 (b) TABLE OF CONTENTS.—The table of contents for 4 this Act is as follows: 5 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 VerDate Sep 11 2014 23:40 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H7120.PCS H7120 kjohnson on DSK79L0C42PROD with BILLS 3 HR 7120 PCS Sec. 311. Prohibition. Sec. 312. Enforcement. PART II—PROGRAMS TO ELIMINATE RACIAL PROFILING BY FEDERAL LAW ENFORCEMENT AGENCIES 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. Public safety innovation grants. Subtitle C—Law Enforcement Body Cameras PART 1—FEDERAL POLICE CAMERA AND ACCOUNTABILITY ACT Sec. 371. Short title. Sec. 372. Requirements for Federal law enforcement 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 2—POLICE CAMERA ACT Sec. 381. Short title. Sec. 382. Law enforcement body-worn camera requirements. TITLE IV—CLOSING THE LAW ENFORCEMENT CONSENT LOOPHOLE Sec. 401. Short title. VerDate Sep 11 2014 23:40 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H7120.PCS H7120 kjohnson on DSK79L0C42PROD with BILLS 4 HR 7120 PCS Sec. 402. Prohibition on engaging in sexual acts while acting under color of law. Sec. 403. Enactment of laws penalizing engaging in sexual acts while acting under color of law. Sec. 404. Reports to Congress. Sec. 405. Definition. TITLE V—MISCELLANEOUS PROVISIONS Sec. 501. Severability. Sec. 502. Savings clause. 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 VerDate Sep 11 2014 23:40 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7120.PCS H7120 kjohnson on DSK79L0C42PROD with BILLS 5 HR 7120 PCS any agency of the United States authorized to en- 1 gage in or supervise the prevention, detection, inves- 2 tigation, or prosecution of any violation of Federal 3 criminal law. 4 (4) FEDERAL LAW ENFORCEMENT OFFICER.— 5 The term ‘‘Federal law enforcement officer’’ has the 6 meaning given the term in section 115 of title 18, 7 United States Code. 8 (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 9 has the meaning given the term ‘‘Indian tribe’’ in 10 section 901 of title I of the Omnibus Crime Control 11 and Safe Streets Act of 1968 (34 U.S.C. 10251). 12 (6) LOCAL LAW ENFORCEMENT OFFICER.—The 13 term ‘‘local law enforcement officer’’ means any offi- 14 cer, agent, or employee of a State or unit of local 15 government authorized by law or by a government 16 agency to engage in or supervise the prevention, de- 17 tection, or investigation of any violation of criminal 18 law. 19 (7) STATE.—The term ‘‘State’’ has the mean- 20 ing given the term in section 901 of title I of the 21 Omnibus Crime Control and Safe Streets Act of 22 1968 (34 U.S.C. 10251). 23 (8) TRIBAL LAW ENFORCEMENT OFFICER.— 24 The term ‘‘tribal law enforcement officer’’ means 25 VerDate Sep 11 2014 23:40 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7120.PCS H7120 kjohnson on DSK79L0C42PROD with BILLS 6 HR 7120 PCS any officer, agent, or employee of an Indian tribe, or 1 the Bureau of Indian Affairs, authorized by law or 2 by a government agency to engage in or supervise 3 the prevention, detection, or investigation of any vio- 4 lation of criminal law. 5 (9) UNIT OF LOCAL GOVERNMENT.—The term 6 ‘‘unit of local government’’ has the meaning given 7 the term in section 901 of title I of the Omnibus 8 Crime Control and Safe Streets Act of 1968 (34 9 U.S.C. 10251). 10 (10) DEADLY FORCE.—The term ‘‘deadly 11 force’’ means that force which a reasonable person 12 would consider likely to cause death or serious bodily 13 harm, including— 14 (A) the discharge of a firearm; 15 (B) a maneuver that restricts blood or oxy- 16 gen flow to the brain, including chokeholds, 17 strangleholds, neck restraints, neckholds, and 18 carotid artery restraints; and 19 (C) multiple discharges of an electronic 20 control weapon. 21 (11) USE OF FORCE.—The term ‘‘use of force’’ 22 includes— 23 (A) the use of a firearm, electronic control 24 weapon, explosive device, chemical agent (such 25 VerDate Sep 11 2014 23:40 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7120.PCS H7120 kjohnson on DSK79L0C42PROD with BILLS 7 HR 7120 PCS as pepper spray), baton, impact projectile, blunt 1 instrument, hand, fist, foot, canine, or vehicle 2 against an individual; 3 (B) the use of a weapon, including a per- 4 sonal body weapon, chemical agent, impact 5 weapon, extended range impact weapon, sonic 6 weapon, sensory weapon, conducted energy de- 7 vice, or firearm, against an individual; or 8 (C) any intentional pointing of a firearm 9 at an individual. 10 (12) LESS LETHAL FORCE.—The term ‘‘less le- 11 thal force’’ means any degree of force that is not 12 likely to cause death or serious bodily injury. 13 (13) FACIAL RECOGNITION.—The term ‘‘facial 14 recognition’’ means an automated or semiautomated 15 process that analyzes biometric data of an individual 16 from video footage to identify or assist in identifying 17 an individual. 18 TITLE I—POLICE 19 ACCOUNTABILITY 20 Subtitle A—Holding Police 21 Accountable in the Courts 22 SEC. 101. DEPRIVATION OF RIGHTS UNDER COLOR OF LAW. 23 Section 242 of title 18, United States Code, is 24 amended— 25 VerDate Sep 11 2014 23:40 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7120.PCS H7120 kjohnson on DSK79L0C42PROD with BILLS 8 HR 7120 PCS (1) by striking ‘‘willfully’’ and inserting ‘‘know- 1 ingly or recklessly’’; 2 (2) by striking ‘‘, or may be sentenced to 3 death’’; and 4 (3) by adding at the end the following: ‘‘For 5 purposes of this section, an act shall be considered 6 to have resulted in death if the act was a substantial 7 factor contributing to the death of the person.’’. 8 SEC. 102. QUALIFIED IMMUNITY REFORM. 9 Section 1979 of the Revised Statutes of the United 10 States (42 U.S.C. 1983) is amended by adding at the end 11 the following: ‘‘It shall not be a defense or immunity in 12 any action brought under this section against a local law 13 enforcement officer (as such term is defined in section 2 14 of the George Floyd Justice in Policing Act of 2020), or 15 in any action under any source of law against a Federal 16 investigative or law enforcement officer (as such term is 17 defined in section 2680(h) of title 28, United States 18 Code), that— 19 ‘‘(1) the defendant was acting in good faith, or 20 that the defendant believed, reasonably or otherwise, 21 that his or her conduct was lawful at the time when 22 the conduct was committed; or 23 ‘‘(2) the rights, privileges, or immunities se- 24 cured by the Constitution and laws were not clearly 25 VerDate Sep 11 2014 23:40 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7120.PCS H7120 kjohnson on DSK79L0C42PROD with BILLS 9 HR 7120 PCS established at the time of their deprivation by the 1 defendant, or that at such time, the state of the law 2 was otherwise such that the defendant could not rea- 3 sonably have been expected to know whether his or 4 her conduct was lawful.’’. 5 SEC. 103. PATTERN AND PRACTICE INVESTIGATIONS. 6 (a) SUBPOENA AUTHORITY.—Section 210401 of the 7 Violent Crime Control and Law Enforcement Act of 1994 8 (34 U.S.C. 12601) is amended— 9 (1) in subsection (a), by inserting ‘‘, by pros- 10 ecutors,’’ after ‘‘conduct by law enforcement offi- 11 cers’’; 12 (2) in subsection (b), by striking ‘‘paragraph 13 (1)’’ and inserting ‘‘subsection (a)’’; and 14 (3) by adding at the end the following: 15 ‘‘(c) SUBPOENA AUTHORITY.—In carrying out the 16 authority in subsection (b), the Attorney General may re- 17 quire by subpoena the production of all information, docu- 18 ments, reports, answers, records, accounts, papers, and 19 other data in any medium (including electronically stored 20 information), as well as any tangible thing and documen- 21 tary evidence, and the attendance and testimony of wit- 22 nesses necessary in the performance of the Attorney Gen- 23 eral under subsection (b). Such a subpoena, in the case 24 of contumacy or refusal to obey, shall be enforceable by 25 VerDate Sep 11 2014 23:40 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7120.PCS H7120 kjohnson on DSK79L0C42PROD with BILLS 10 HR 7120 PCS order of any appropriate district court of the United 1 States. 2 ‘‘(d) CIVIL ACTION BY STATE ATTORNEYS GEN- 3 ERAL.—Whenever it shall appear to the attorney general 4 of any State, or such other official as a State may des- 5 ignate, that a violation of subsection (a) has occurred 6 within their State, the State attorney general or official, 7 in the name of the State, may bring a civil action in the 8 appropriate district court of the United States to obtain 9 appropriate equitable and declaratory relief to eliminate 10 the pattern or practice. In carrying out the authority in 11 this subsection, the State attorney general or official shall 12 have the same subpoena authority as is available to the 13 Attorney General under subsection (c). 14 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec- 15 tion may be construed to limit the authority of the Attor- 16 ney General under subsection (b) in any case in which a 17 State attorney general has brought a civil action under 18 subsection (d). 19 ‘‘(f) REPORTING REQUIREMENTS.—On the date that 20 is one year after the enactment of the George Floyd Jus- 21 tice in Policing Act of 2020, and annually thereafter, the 22 Civil Rights Division of the Department of Justice shall 23 make publicly available on an internet website a report 24 on, during the previous year— 25 VerDate Sep 11 2014 23:40 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7120.PCS H7120 kjohnson on DSK79L0C42PROD with BILLS 11 HR 7120 PCS ‘‘(1) the number of preliminary investigations 1 of violations of subsection (a) that were commenced; 2 ‘‘(2) the number of preliminary investigations 3 of violations of subsection (a) that were resolved; 4 and 5 ‘‘(3) the status of any pending investigations of 6 violations of subsection (a).’’. 7 (b) GRANT PROGRAM.— 8 (1) GRANTS AUTHORIZED.—The Attorney Gen- 9 eral may award a grant to a State to assist the 10 State in conducting pattern and practice investiga- 11 tions under section 210401(d) of the Violent Crime 12 Control and Law Enforcement Act of 1994 (34 13 U.S.C. 12601). 14 (2) APPLICATION.—A State seeking a grant 15 under paragraph (1) shall submit an application in 16 such form, at such time, and containing such infor- 17 mation as the Attorney General may require. 18 (3) FUNDING.—There are authorized to be ap- 19 propriated $100,000,000 to the Attorney General for 20 each of fiscal years 2021 through 2023 to carry out 21 this subsection. 22 (c) DATA ON EXCESSIVE [Text truncated for display. 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