(13) FACIAL RECOGNITION.—The term “facial recognition” means an automated or semiautomated process that analyzes biometric data of an individual from video footage to identify or assist in identifying an individual. (C) reasonable alternatives to the use of the form of deadly force have been exhausted. This part may be cited as the “Police Creating Accountability by Making Effective Recording Available Act of 2020” or the “Police CAMERA Act of 2020”. United States of America in Congress assembled. [chamberOfAction] => House (2) NUMBER OF GRANTS.—The Attorney General shall provide not more than 5 grants or contracts under this section. Training on racial bias and duty to intervene. “(2) the term ‘Federal law enforcement officer’ has the meaning given such term in section 115.”. (1) IN GENERAL.—In establishing the Registry required under subsection (a), the Attorney General shall make the Registry available to the public on an internet website of the Attorney General in a manner that allows members of the public to search for an individual law enforcement officer’s records of misconduct, as described in subsection (b), involving a use of force or racial profiling. (C) multiple discharges of an electronic control weapon. 341. (2) The acquisition and use of technology to facilitate the accurate collection and analysis of data. (1) IN GENERAL.—Any data reported under this subtitle shall be collected and reported—, (A) in a manner consistent with existing programs of the Department of Justice that collect data on local law enforcement officer encounters with civilians; and. No law enforcement agent or law enforcement agency shall engage in racial profiling. Sec. (a) Regulations.—Not later than 6 months after the date of enactment of this Act, the Attorney General, in consultation with stakeholders, including Federal, State, and local law enforcement agencies and community, professional, research, and civil rights organizations, shall issue regulations for the collection and compilation of data under sections 321 and 331. [displayText] => Reported (Amended) by the Committee on Judiciary. ), (PDF provides a complete and accurate display of this text.). (D) TOTALITY OF THE CIRCUMSTANCES.—The term “totality of the circumstances” means all credible facts known to the Federal law enforcement officer leading up to and at the time of the use of force, including the actions of the person against whom the Federal law enforcement officer uses such force and the actions of the Federal law enforcement officer. SEC. Sec. 10251). (1) the cost of assisting the State or Indian Tribe in which the law enforcement agency is located in complying with the reporting requirements described in section 223; (2) the cost of establishing necessary systems required to investigate and report incidents as required under subsection (b)(4); (3) public awareness campaigns designed to gain information from the public on use of force by or against local and tribal law enforcement officers, including shootings, which may include tip lines, hotlines, and public service announcements; and. (u) Limitation on use of footage as evidence.—Any body camera video footage recorded by a Federal law enforcement officer that violates this part or any other applicable law may not be offered as evidence by any government entity, agency, department, prosecutorial office, or any other subdivision thereof in any criminal or civil action or proceeding against any member of the public. (4) As a result of the wars in Iraq and Afghanistan, military equipment purchased for, and used in, those wars has become excess property and has been made available for transfer to local and Federal law enforcement agencies. ), or title VI of the Civil Rights Act of 1964 (42 U.S.C. 373. [displayText] => Passed/agreed to in House: On passage Passed by the Yeas and Nays: 236 - 181 (Roll no. (5) VICTIM SERVICES.—Counseling services, including psychological counseling, for individuals and communities impacted by law enforcement misconduct. (A) by redesignating paragraphs (22) and (23) as paragraphs (23) and (24), respectively; (B) in paragraph (23), as so redesignated, by striking “(21)” and inserting “(22)”; and. (4) YOUTH JUSTICE AND SCHOOL SAFETY.—Uniform standards on youth justice and school safety that include best practices for law enforcement interaction and communication with children and youth, taking into consideration adolescent development and any disability, including—, (A) the right to effective and timely notification of a parent or legal guardian of any law enforcement interaction, regardless of the immigration status of the individuals involved; and, (B) the creation of positive school climates by improving school conditions for learning by—. (i) early warning systems and related intervention programs; (iv) traffic and pedestrian stop and search procedures; (vi) administrative due process requirements; (viii) youth justice and school safety; and, (ix) recruitment, hiring, and training; and. (2) conflicts with any terms or conditions contained in a consent decree. “(2) may not be used for expenses related to facial recognition technology. (4) REQUIREMENT TO GIVE VERBAL WARNING.—When feasible, prior to using force against a person, a Federal law enforcement officer shall identify himself or herself as a Federal law enforcement officer, and issue a verbal warning to the person that the Federal law enforcement officer seeks to apprehend, which shall—, (A) include a request that the person surrender to the law enforcement officer; and. “(2) The transfer of any new (condition code A) property transferred under this section, including specific information about the type of property, the recipient of the property, the monetary value of each item of the property, and the total monetary value of all such property transferred during the fiscal year.”. 10389), by adding at the end the following: “(8) ‘civilian review board’ means an administrative entity that investigates civilian complaints against law enforcement officers and—. (3) PERIODIC REVIEW AND REPORTS.—The Attorney General may require a grant recipient to submit biannually to the Attorney General the results of the monitoring and evaluations required under paragraphs (1) and (2) and such other data and information as the Attorney General determines to be necessary. (d) Notification of subject of recording.—A Federal law enforcement officer who is wearing a body camera shall notify any subject of the recording that he or she is being recorded by a body camera as close to the inception of the stop as is reasonably possible. (4) FEDERAL LAW ENFORCEMENT OFFICER.—The term “Federal law enforcement officer” has the meaning given the term in section 115 of title 18, United States Code. “(f) Reporting requirements.—On the date that is one year after the enactment of the George Floyd Justice in Policing Act of 2020, and annually thereafter, the Civil Rights Division of the Department of Justice shall make publicly available on an internet website a report on, during the previous year—. Training on racial bias and duty to intervene. 202. (1) INITIAL ANALYSIS.—Not later than 120 days after the date of the enactment of this Act, the Attorney General shall—. The Justice in Policing Act is the first-ever bold, comprehensive approach to hold police accountable, change the culture of law enforcement and build trust between law enforcement and our communities. Bill summaries are authored by CRS. (7) RECORDING MEDIUM.—The term “recording medium” means any recording medium for the retention and playback of recorded audio and video including VHS, DVD, hard drive, solid state, digital, or flash memory technology. 3052. (1) IN GENERAL.—Except as provided in paragraph (2), all video footage of an interaction or event captured by a body camera, if that interaction or event is identified with reasonable specificity and requested by a member of the public, shall be provided to the person or entity making the request in accordance with the procedures for requesting and providing government records set forth in the section 552a of title 5, United States Code. 113. 113. (B) reasonable alternatives to the use of the form of less lethal force have been exhausted. (1) IN GENERAL.—For any fiscal year in which a State or Indian Tribe fails to comply with this section, the State or Indian Tribe, at the discretion of the Attorney General, shall be subject to not more than a 10-percent reduction of the funds that would otherwise be allocated for that fiscal year to the State or Indian Tribe under a Byrne grant program. (13) The Department of Defense categorizes equipment eligible for transfer under the 1033 program as “controlled” and “un-controlled” equipment. “(f) Limitations on transfers.— (1) The Secretary may not transfer to Federal, Tribal, State, or local law enforcement agencies the following under this section: “(A) Firearms, ammunition, bayonets, grenade launchers, grenades (including stun and flash-bang), and explosives. (A) submit to Congress a report containing the results of the initial analysis conducted under subsection (a)(2); (B) make the report submitted under subparagraph (A) available to the public; and. (A) recording would risk the safety of a confidential informant, citizen informant, or undercover officer; (B) recording would pose a serious risk to national security; or, (C) the officer is a military police officer, a member of the United States Army Criminal Investigation Command, or a protective detail assigned to a Federal or foreign official while performing his or her duties; and. (4) in subsection (d), as so redesignated, by adding at the end the following: “(3) In a prosecution under subsection (c), it is not a defense that the other individual consented to the sexual act.”. Accreditation of law enforcement agencies. 12602) is amended—. “(A) CRIMINAL INVESTIGATION.—An entity receiving a grant under subpart 1 of part E of this title may transfer recorded data collected by the entity from a body-worn camera to another law enforcement agency or intelligence agency for use in a criminal investigation if the requesting law enforcement or intelligence agency has reasonable suspicion that the requested data contains evidence relating to the crime being investigated. 202. Law enforcement body-worn camera requirements. (C) identify the jurisdictions for which the study described in subsection (a)(3) is to be conducted. (b) Parties.—In any action brought under this part, relief may be obtained against—. (f) Regulations.—The Attorney General shall prescribe regulations to carry out this section. (b) Required activities.—Activities carried out with a grant under this section shall include—, (1) developing a data collection tool and reporting the compiled data to the Attorney General; and. It includes measures to increase accountability for law enforcement misconduct, to enhance transparency and data collection, and to eliminate discriminatory policing practices. 343. Audio recording shall terminate upon release of the violator and prior to initiating a separate criminal investigation. (2) the video footage is subject to public release pursuant to subsection (l), and not exempted from public release pursuant to subsection (l)(1). (k) Public review.—For purposes of subparagraphs (E), (F), and (G) of subsection (j)(2), any member of the public who is a subject of video footage, the parent or legal guardian of a minor who is a subject of the video footage, or a deceased subject's next of kin or legally authorized designee, shall be permitted to review the specific video footage in question in order to make a determination as to whether they will voluntarily request it be subjected to a minimum 3-year retention period. 201. (2) $500,000 to carry out the evaluation under subsection (c). 7120, the “Justice in Policing Act of 2020” (Agreed to by a Roll Call Vote of 24 Ayes and 14 Nos) Added 06/15/2020 at 09:58 AM; Amendments. (c) Eligibility for certain grant funds.—The Attorney General shall, as appropriate and consistent with applicable law, allocate Department of Justice discretionary grant funding only to States or units of local government that require law enforcement agencies of that State or unit of local government to gain and maintain accreditation from certified law enforcement accreditation organizations in accordance with this section. “(c) Subpoena authority.—In carrying out the authority in subsection (b), the Attorney General may require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data in any medium (including electronically stored information), as well as any tangible thing and documentary evidence, and the attendance and testimony of witnesses necessary in the performance of the Attorney General under subsection (b). (6) Instances where a law enforcement officer resigns or retires while under active investigation related to the use of force. 382. (b) Requirements.—Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. (2) REALLOCATION.—Amounts not allocated under a Byrne grant program in accordance with paragraph (1) to a State for failure to comply with this section shall be reallocated under the Byrne grant program to States that have not failed to comply with this section. (A) complaints that were found to be credible or that resulted in disciplinary action against the law enforcement officer, disaggregated by whether the complaint involved a use of force or racial profiling (as such term is defined in section 302); (B) complaints that are pending review, disaggregated by whether the complaint involved a use of force or racial profiling; and. (2) prohibits a person charged with an offense described in paragraph (1) from asserting the consent of the other individual as a defense. (3) SCHOOL.—The term “school” means an elementary school or secondary school (as those terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. (1) the Committees on the Judiciary of the House of Representatives and of the Senate; (2) the Committee on Oversight and Reform of the House of Representatives; and. Facial recognition technology. (8) TRIBAL LAW ENFORCEMENT OFFICER.—The term “tribal law enforcement officer” means any officer, agent, or employee of an Indian tribe, or the Bureau of Indian Affairs, authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law. (C) employed by a local educational agency or school. (2) LAW ENFORCEMENT ACCREDITATION ORGANIZATION.—The term “law enforcement accreditation organization” means a professional law enforcement organization involved in the development of standards of accreditation for law enforcement agencies at the national, State, regional, or Tribal level, such as the Commission on Accreditation for Law Enforcement Agencies (CALEA). Sec. National task force on law enforcement oversight. (2) DEVELOPMENT OF UNIFORM STANDARDS.—After completion of the initial review and analysis under paragraph (1), the Attorney General shall—, (A) recommend, in consultation with law enforcement accreditation organizations and community-based organizations, the adoption of additional standards that will result in greater community accountability of law enforcement agencies and an increased focus on policing with a guardian mentality, including standards relating to—. 118. “I was proud to stand with members of House and Senate Leadership and members of the Congressional Black … (B) INCIDENTS REPORTED UNDER DEATH IN CUSTODY REPORTING ACT.—A State or Indian Tribe is not required to include in a report under subsection (a)(1) an incident reported by the State or Indian Tribe in accordance with section 20104(a)(2) of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. (7) The Office of Community Oriented Policing Services (COPS). SEC. “(A) a law enforcement officer who is wearing a body-worn camera to provide an explanation if an activity that is required to be recorded by the body-worn camera is not recorded; “(B) a law enforcement officer who is wearing a body-worn camera to obtain consent to be recorded from a crime victim or witness before interviewing the victim or witness; “(C) the collection of recorded data unrelated to a legitimate law enforcement purpose be minimized to the greatest extent practicable; “(D) the system used to store recorded data collected by body-worn cameras to log all viewing, modification, or deletion of stored recorded data and to prevent, to the greatest extent practicable, the unauthorized access or disclosure of stored recorded data; “(E) any law enforcement officer be prohibited from accessing the stored data without an authorized purpose; and, “(F) the law enforcement agency to collect and report statistical data on—. (7) In May 2012, the Defense Logistics Agency instituted a moratorium on weapons transfers through the program after reports of missing equipment and inappropriate weapons transfers. 10101 et seq. “(10) the recipient has received the approval of the city council or other local governing body to acquire the personal property sought under this section.”; (D) by redesignating subsections (e) and (f) as subsections (o) and (p), respectively; and. (b) Limitation on eligibility for funds.—Beginning in the first fiscal year that begins after the date that is one year after the date of enactment of this Act, a State or unit of local government may not receive funds under the Byrne grant program or the COPS grant program for a fiscal year if, on the day before the first day of the fiscal year, the State or unit of local government does not have in effect a law that prohibits law enforcement officers in the State or unit of local government from using a chokehold or carotid hold. PART V—DEPARTMENT OF JUSTICE REGULATIONS AND REPORTS ON RACIAL PROFILING IN THE UNITED STATES. 335. SEC. (1) IN GENERAL.—Each Federal law enforcement agency shall install in-car video camera recording equipment in all patrol vehicles with a recording medium capable of recording for a period of 10 hours or more and capable of making audio recordings with the assistance of a wireless microphone. “(d) Civil action by State attorneys general.—Whenever it shall appear to the attorney general of any State, or such other official as a State may designate, that a violation of subsection (a) has occurred within their State, the State attorney general or official, in the name of the State, may bring a civil action in the appropriate district court of the United States to obtain appropriate equitable and declaratory relief to eliminate the pattern or practice. 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