
Police Reform in the Aftermath of George Floyd's Death
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Content
- Intro
- Contents
- Preface
- Chapter 1
- George Floyd Justice in Policing Act of 2020(
- 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
- 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
- "§ 1123. Limitation on Justification Defense for Federal Law Enforcement Officers
- 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
- "Part OO-Law Enforcement Body-Worn Cameras and Recorded Data
- "Sec. 3051. Use of Grant Funds
- "Sec. 3052. Body-Worn Camera Training Toolkit
- "Sec. 3053. Study
- Title IV-Justice for Victims of Lynching Act
- Sec. 401. Short Title
- Sec. 402. Findings
- Sec. 403. Lynching
- "§ 250. Lynching
- Title V-Miscellaneous Provisions
- Sec. 501. Severability
- Sec. 502. Savings Clause
- Purpose and Summary
- Background and Need for the Legislation
- Background
- The Link between Race and Concerns About Use of Excessive Force by Police
- Killings since 2014 of African-Americans in Police Custody and Movement for Police Accountability and Transparency
- The Burden on Law Enforcement
- Need for Legislation
- Post-Incident Accountability Measures
- "Pattern or Practice" Enforcement Actions under 34 U.S.C. § 12601
- Federal Criminal Enforcement Pursuant to 18 U.S.C. § 242
- Civil Action for Deprivation of Constitutional Rights
- Independent Investigations, Departmental Discipline, and Civilian Oversight
- Data Collection Measures
- Pre-Incident Measures to Reduce Risk of Violent Police-Citizen Encounters
- Use of Force Standards
- Accreditation
- Training to End Racial Profiling and to Reduce Risk of Violent Interactions between Police and Racial and Other Minorities
- Ban on Chokeholds and Carotid Holds
- Ban on No-Knock Warrants in Drug Cases
- Limit Transfers of Military Equipment for Police
- Background on 1033 Program
- Regulation of the 1033 Program
- Body Cameras and Limits on Facial Recognition Technology
- Law Enforcement and Body Cameras
- Facial Recognition Technology
- Federal Government Use of Facial Recognition Technology
- Facial Recognition's Shortcomings
- Incentivizing Public Safety Innovations
- Criminalizing Conspiracy to Engage in Lynching
- Alternative Proposals Offered by President Trump and Senator Scott Are Insufficient
- Hearings
- Committee Consideration
- Committee Votes
- Committee Oversight Findings
- New Budget Authority and Tax Expenditures and Congressional Budget Office Cost Estimate
- Duplication of Federal Programs
- Performance Goals and Objectives
- Advisory on Earmarks
- Section-by-Section Analysis
- Title I-Police Accountability
- Subtitle A-Holding Police Accountable in the Courts
- Section 102. Qualified Immunity Reform
- Section 103. Pattern and Practice Investigations
- Section 104. Independent Investigations
- Subtitle B-Law Enforcement Trust and Integrity Act
- Section 111. Short Title
- Section 112. Definitions
- Section 113. Accreditation of Law Enforcement Agencies
- Section 114. Law Enforcement Grants
- Section 115. Attorney General to Conduct Study
- Section 116. Authorization of Appropriations
- Section 117. National Task Force on Law Enforcement Oversight
- Section 118. Federal Data Collection Law Enforcement Practices
- Title II-Policing Transparency through Data
- Subtitle A-Misconduct Registry
- Section 201. Establishment of National Police Misconduct Registry
- Section 202. Certification Requirements for Hiring of Law Enforcement Officers
- Subtitle B-Police Reporting Information Data and Evidence (Pride) Act
- Section 221. Short Title
- Section 222. Definitions
- Section 223. Use of Force Reporting
- Section 224. Use of Force Data Reporting
- Section 225. Compliance with Reporting Requirements
- Section 226. Federal Law Enforcement Reporting
- Section 227. Authorization of Appropriations
- Title III-Improving Police Training and Policies
- Subtitle A-End Racial and Religious Profiling Act
- Section 301. Short Title
- Section 302. Definitions
- Part I-Prohibition of Racial Profiling
- Section 311. Prohibition
- Section 312. Enforcement
- Part II-Programs to Eliminate Racial Profiling by Federal Law Enforcement Agencies
- Section 321. Policies to Eliminate Racial Profiling
- Part III-Programs to Eliminate Racial Profiling by State and Local Law Enforcement Agencies
- Section 331. Policies Required for Grants
- Section 332. Involvement of Attorney General
- Section 333. Data Collection Demonstration Project
- Section 334. Development of Best Practices
- Section 335. Authorization of Appropriations
- Part IV-Data Collection
- Section 341. Attorney General to Issue Regulations
- Section 342. Publication of Data
- Section 343. Limitations on Publication of Data
- Part V-Department of Justice Regulations and Reports on Racial Profiling in the United States
- Section 351. Attorney General to Issue Regulations and Reports
- Subtitle B-Additional Reforms
- Section 361. Training on Racial Bias and Duty to Intervene
- Section 362. Ban on No-Knock Warrants in Drug Cases
- Section 363. Incentivizing Banning of Chokeholds and Carotid Holds
- Section 364. PEACE Act
- Section 365. Stop Militarizing Law Enforcement Act
- Section 366. Public Safety Innovation Grants
- Subtitle C-Law Enforcement Body Cameras
- Part I-Federal Police Camera and Accountability Act
- Section 371. Short Title
- Section 372. Requirements for Federal Law Enforcement Officers Regarding the Use of Body Cameras
- Section 373. Patrol Vehicles with In-Car Video Recording Cameras
- Section 374. Facial Recognition Technology
- Section 375. GAO Study
- Section 376. Regulations
- Section 377. Rule of Construction
- Part 2-Police Camera Act
- Section 381. Short Title
- Section 382. Law Enforcement Body-Worn Camera Requirements
- Title IV-Justice for Victims of Lynching Act
- Section 401. Short Title
- Section 402. Findings
- Section 403. Lynching
- Title V-Miscellaneous Provisions
- Section 501. Severability
- Section 502. Savings Clause
- Changes in Existing Law Made by the Bill, as Reported
- Changes in Existing Law Made by the Bill, as Reported
- Title 18, United States Code
- Part I-Crimes
- Chapter 13-Civil Rights
- § 242. Deprivation of Rights under Color of Law
- § 250. Lynching
- Chapter 51-Homicide
- § 1123. Limitation on Justification Defense for Federal Law Enforcement Officers
- Revised Statutes of the United States
- Title XXIV
- Violent Crime Control and Law Enforcement Act of 1994
- Title XXI-State and Local Law Enforcement
- Subtitle D-Police Pattern or Practice
- Sec. 210401. Cause of Action
- Sec. 210402. Data on Use of Excessive Force
- Omnibus Crime Control and Safe Streets Act of 1968
- Title I-Justice System Improvement
- Part E-Bureau of Justice Assistance Grant Programs
- Subpart 1-Edward Byrne Memorial Justice Assistance Grant Program
- Sec. 501. Description
- Sec. 502. Applications
- Part Q-Public Safety and Community Policing
- "Cops on the Beat"
- Sec. 1701. Authority to Make Public Safety and Community Policing Grants.
- Sec. 1709. Definitions
- Part OO-Law Enforcement Body-Worn Cameras and Recorded Data
- Sec. 3051. Use of Grant Funds
- Sec. 3052. Body-Worn Camera Training Toolkit
- Sec. 3053. Study
- Controlled Substances Act
- Title II-Control and Enforcement
- Part E-Administrative and Enforcement Provisions
- Search Warrants
- Title 10, United States Code
- Subtitle A-General Military Law
- Part IV-Service, Supply, and Procurement
- Chapter 153-Exchange of Material and Disposal of Obsolete, Surplus, or Unclaimed Property
- § 2576a. Excess Personal Property: Sale or Donation for Law Enforcement Activities
- Minority Views
- H.R. 7120 as Drafted Will Handicap Law-Abiding Law Enforcement Officers and Make American Communities Less Safe
- Lowering the Mens Rea Standard-Section 101
- Removal of the Qualified Immunity Doctrine-Section 102
- Establishment of a National Police Misconduct Registry-Section 201
- Limiting Federal Programs That Provide Military Equipment to Law Enforcement-Section 365
- Republican Amendments Rejected by the Democrat Majority Would Have Improved the Legislation
- Improving Police Accountability
- Strengthening Penalties for Lynching
- Ensuring Adequate Border Security
- Chapter 2
- Comparing Police Reform Bills: The Justice in Policing Act and the JUSTICE Act(
- Subjects Covered by Both Bills
- Limitations on Chokeholds and Other Uses of Force
- No-Knock Warrants
- Body Cameras
- Law Enforcement Misconduct and Disciplinary Records
- Training, Best Practices, and Accreditation
- Reporting on Use of Force and Other Matters
- Sexual Acts Under Color of Law
- Law Enforcement Demographics
- Provisions Unique to the Justice in Policing Act
- Criminal Liability For Civil Rights Violations
- Qualified Immunity
- Civil Rights Investigations
- Use of Force Investigations
- Racial Profiling
- Provisions Unique to the JUSTICE Act
- New Criminal Offense
- Anti-Lynching Provisions
- Exploratory Commissions
- Chapter 3
- Congress and Police Reform: Current Law and Recent Proposals(
- Federal Regulation of State and Local Law Enforcement
- Federal Criminal Law
- DOJ Civil Enforcement
- Private Civil Rights Litigation
- Grant Conditions and Federal Oversight
- June 2020 Executive Order
- Proposals for Law Enforcement Reform in Congress
- Qualified Immunity
- Criminal Liability
- Limitations on Military-Grade Equipment
- Grants and Conditions on Federal Funds
- Comprehensive Reform Efforts
- The Justice in Policing Act of 2020
- The JUSTICE Act
- Chapter 4
- Congress and Law Enforcement Reform: Constitutional Authority(
- Limits to Congressional Authority
- Spending Power and Regulating Law Enforcement Activities
- Section 5 of the Fourteenth Amendment and Regulating Law Enforcement Activities
- Considerations for Congress
- Chapter 5
- Policing Reform Legislation: Conditions on Funding and New Authorizations(
- Abstract
- Conditions on Department of Justice Grant Programs in H.R. 7120 and S. 3985
- Authorized and Appropriated Funding in H.R. 7120 and S. 3985
- Chapter 6
- Policing the Police: Qualified Immunity and Considerations for Congress(
- What Is Qualified Immunity?
- Historical Development of Qualified Immunity
- The Debate over Qualified Immunity
- Considerations for Congress
- Chapter 7
- Police Accountability Measures(
- Data on Use of Force
- Independent Investigations of the Use of Excessive Force
- Early Warning Systems
- National Decertification Index
- Body-Worn Cameras
- Civilian Review Boards
- Chapter 8
- Programs to Collect Data on Law Enforcement Activities: Overview and Issues(
- Abstract
- Introduction
- Legislative Proposals to Collect Data on Law Enforcement Activities
- H.R. 7120, the George Floyd Justice in Policing Act
- Data on Law Enforcement Practices
- Data on Use of Force
- Data on Racial Profiling
- S. 3985, the JUSTICE Act
- Mandatory Participation in the Federal Bureau of Investigation's Use-of-Force Data Collection Program
- Data on No-Knock Warrants
- Current Department of Justice Efforts to Collect Data on Law Enforcement Activities
- Use-of-Force Data Collection Program
- Deaths in Custody Reporting Program
- Selected Issues
- Potential Overlap Between Data Collection Programs in H.R. 7120 and S. 3985
- Scope of Racial Profiling Data in H.R. 7120
- Structures for Collecting Data in H.R. 7120 and S. 3985
- Agency Responsible for Overseeing Data Collection in H.R. 7120 and S. 3985
- Conditions on JAG Funds in H.R. 7120 and S. 3985
- Chapter 9
- Federal Police Oversight: Criminal Civil Rights Violations Under 18 U.S.C. § 242(
- Introduction
- History and Text of Section 242
- Enforcement and Judicial Interpretation of Section 242
- Acting Under Color of Law
- Deprivation of Rights
- Differential Punishment
- Willfulness Requirement
- Considerations for Congress
- Chapter 10
- Regulating Federal Law Enforcement: Considerations for Congress
- Introduction
- Current Law Regulating Federal Law Enforcement
- Federal Criminal Law
- Administrative Remedies
- Civil Remedies Under Bivens and the FTCA
- Bivens Claims
- The FTCA
- Considerations for Congress
- Chapter 11
- What Role Might the Federal Government Play in Law Enforcement Reform?(
- Introduction
- Limits of Congressional Authority
- Tools Available to the Federal Government to Promote Law Enforcement Reform
- Investigating Law Enforcement Misconduct
- The Influence of DOJ on Policing
- Law Enforcement Reform Efforts in the Current Congress
- Policy Options
- Chapter 12
- Overview of Recent Anti-Lynching Proposals(
- Introduction
- Chapter 13
- Proposals for Systems of Records on "Wandering Officers"(
- Introduction
- Recommendation of the 21st Century Policing Task Force
- National Decertification Index
- Legislative Proposals
- Wandering Officers Find New Jobs
- Legislative Issues
- Access
- Database Changes
- Privacy Risks
- Legislative Issues
- Access
- Database Changes
- Privacy Risks
- Chapter 14
- Reforming Patterns of Unconstitutional Policing: Enforcement of 34 U.S.C. § 12601*
- Introduction
- Section 12601's Requirements and Procedures
- Constitutional Violations and Section 12601
- Investigation Targets and Investigation Challenges
- Section 12601 Remedies and Consent Decrees
- Prosecutorial Discretion and DOJ's Enforcement History
- Considerations for Congress
- Index
- Blank Page
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