No Tear Gas or Projectiles Act

II 116TH CONGRESS 2D SESSION S. 4114 To prohibit Federal law enforcement officers from using riot control agents and kinetic impact projectiles, and to incentivize States and local govern- ments to prohibit State and local law enforcement officers from using riot control agents and kinetic impact projectiles. IN THE SENATE OF THE UNITED STATES JUNE 30, 2020 Mr. SANDERS (for Mr. MARKEY (for himself and Mr. SANDERS)) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit Federal law enforcement officers from using riot control agents and kinetic impact projectiles, and to incentivize States and local governments to prohibit State and local law enforcement officers from using riot control agents and kinetic impact projectiles. 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 ‘‘No Tear Gas or Projec- 4 tiles Act’’. 5 VerDate Sep 11 2014 05:59 Jul 10, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4114.IS S4114 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4114 IS SEC. 2. PROHIBITING USE OF RIOT CONTROL AGENTS AND 1 KINETIC IMPACT PROJECTILES BY LAW EN- 2 FORCEMENT OFFICERS. 3 (a) DEFINITIONS.—In this section— 4 (1) the term ‘‘kinetic impact projectile’’ means 5 a rubber or plastic bullet, bean bag round, sponge 6 round, pellet round, wooden dowel, or other projec- 7 tile-delivered impact munition; 8 (2) the term ‘‘Federal law enforcement officer’’ 9 has the meaning given the term in section 115 of 10 title 18, United States Code; and 11 (3) the term ‘‘riot control agent’’ has the mean- 12 ing given the term in the Convention on the Prohibi- 13 tion of the Development, Production, Stockpiling 14 and Use of Chemical Weapons and on their Destruc- 15 tion, done at Geneva September 3, 1992, and en- 16 tered into force April 29, 1997 (commonly referred 17 to as the ‘‘Chemical Weapons Convention’’). 18 (b) PROHIBITION ON USE BY FEDERAL LAW EN- 19 FORCEMENT OFFICERS.— 20 (1) PROHIBITION.—A Federal law enforcement 21 officer may not use a riot control agent or kinetic 22 impact projectile for any purpose while on duty. 23 (2) CIVIL PENALTY.— 24 (A) IN GENERAL.—A Federal law enforce- 25 ment officer who violates paragraph (1) shall be 26 VerDate Sep 11 2014 05:59 Jul 10, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4114.IS S4114 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4114 IS liable to the United States for a civil penalty in 1 an amount not to exceed $10,000 for each vio- 2 lation. 3 (B) DETERMINATION.—In determining 4 whether to impose a civil penalty under sub- 5 paragraph (A) and the amount of the civil pen- 6 alty, a court shall take into account— 7 (i) the nature, circumstances, and ex- 8 tent of the violation; and 9 (ii) such other matters as justice may 10 require. 11 (3) CIVIL ACTION.—Any person aggrieved by a 12 violation of paragraph (1) by a Federal law enforce- 13 ment officer may bring a civil action against the 14 Federal law enforcement officer in any appropriate 15 district court of the United States to obtain such re- 16 lief as may be appropriate. 17 (c) INCENTIVIZING BANNING USE BY STATE AND 18 LOCAL LAW ENFORCEMENT OFFICERS.—Beginning in 19 the first fiscal year beginning after the date of enactment 20 of this Act, a State or unit of local government may not 21 receive funds under the Edward Byrne Memorial Justice 22 Assistance Grant Program under subpart 1 of part E of 23 title I of the Omnibus Crime Control and Safe Streets Act 24 of 1968 (34 U.S.C. 10151 et seq.) or the ‘‘Cops on the 25 VerDate Sep 11 2014 05:59 Jul 10, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4114.IS S4114 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4114 IS Beat’’ program under part Q of title I of the Omnibus 1 Crime Control and Safe Streets Act of 1968 (34 U.S.C. 2 10381 et seq.) for a fiscal year if, on the day before the 3 first day of the fiscal year, the State or unit of local gov- 4 ernment does not have in effect a law that, with respect 5 to law enforcement officers in the State or unit of local 6 government, respectively— 7 (1) prohibits a law enforcement officer from 8 using a riot control agent or kinetic impact projectile 9 for any purpose while on duty; and 10 (2) imposes on a law enforcement officer who 11 violates the law civil penalties and civil liability 12 equivalent to the criminal penalties and civil liability 13 imposed on Federal law enforcement officers under 14 subsection (b) of this section. 15 Æ VerDate Sep 11 2014 05:59 Jul 10, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S4114.IS S4114 kjohnson on DSK79L0C42PROD with BILLS