Bill Summary
This legislation, titled the "Police Training and Independent Review Act of 2019", aims to provide grants to states that require fair and impartial police training for all law enforcement officers and implement laws for independent investigations and prosecution of the use of deadly force by law enforcement. The bill amends Title I of the Omnibus Crime Control and Safe Streets Act of 1968 to add a new section for these grants. It requires states to have their officers complete annual training on fair and impartial policing, including anti-bias training and training on interacting with individuals with mental illness or disabilities. States must also have an independent prosecution of law enforcement statute in place to be eligible for these grants. The bill defines key terms such as "independent prosecution" and "deadly force" and outlines various methods for conducting independent investigations, such as using an independent prosecutor or civilian review board. The Attorney General of the receiving state must also verify that the training requirements are being met and the Inspector General of the Department of Justice will conduct audits to ensure compliance.
Possible Impacts
1. Police officers and trainees in participating states may receive additional training on fair and impartial policing, including anti-bias training and de-escalation tactics. This could help promote more equitable and unbiased interactions between law enforcement and the public, potentially reducing incidents of excessive use of force and discriminatory practices.
2. States that have not enacted laws requiring independent investigations and prosecutions of deadly force by law enforcement officers may become ineligible for grants under this legislation. This could incentivize states to pass such laws in order to receive funding, potentially leading to increased accountability for police actions.
3. The Attorney General and Inspector General of the Department of Justice would be responsible for overseeing and verifying compliance with the training and independent review requirements. This could increase federal involvement and oversight in state law enforcement practices, potentially leading to more standardized and consistent training and procedures across the country.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1938 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1938
To provide for grants for States that require fair and impartial police
training for law enforcement officers of that State and to incentivize
States to enact laws requiring the independent investigation and
prosecution of the use of deadly force by law enforcement officers, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 20, 2019
Ms. Duckworth (for herself, Mrs. Gillibrand, Mr. Sanders, Ms. Hirono,
Ms. Harris, and Mr. Markey) introduced the following bill; which was
read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for grants for States that require fair and impartial police
training for law enforcement officers of that State and to incentivize
States to enact laws requiring the independent investigation and
prosecution of the use of deadly force by law enforcement officers, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Police Training and Independent
Review Act of 2019''.
SEC. 2. GRANTS FOR TRAINING AND INDEPENDENT INVESTIGATION AND
PROSECUTION.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10101 et seq.) is amended by adding at the end the
following:
``PART OO--GRANTS FOR TRAINING AND INDEPENDENT INVESTIGATION AND
PROSECUTION
``SEC. 3051. GRANT AUTHORITY.
``(a) In General.--The Attorney General may make a grant to a State
for purposes of implementing the training requirements described in
section 3052(a) and an independent prosecution of law enforcement
statute as described in section 3053.
``(b) Term.--The term of a grant under subsection (a) shall be 1
fiscal year.
``SEC. 3052. TRAINING ON FAIR AND IMPARTIAL POLICING.
``(a) Training Requirement.--The requirements of this subsection
are as follows:
``(1) A State shall require that all individuals enrolled
in an academy of a law enforcement agency of the State and all
law enforcement officers of the State complete a training
session on fair and impartial policing each year, which
includes--
``(A) anti-bias training on implicit and explicit
bias on the basis of race, religion, ethnicity,
national origin, gender, sexual orientation, gender
identity, and disability;
``(B) training regarding--
``(i) cultural diversity;
``(ii) police interaction with individuals
with mental illness or behavioral, mental, or
physical disabilities;
``(iii) crisis intervention; and
``(iv) de-escalation tactics;
``(C) scenario-based training; and
``(D) a requirement that officers demonstrate
proficiency in the subjects of the training through
scenario-based tests.
``(2) Each law enforcement officer and each individual
enrolled in an academy of a law enforcement agency of a State
shall complete--
``(A) initial training described in paragraph (1)
of not less than 8 hours; and
``(B) not less than 4 hours of training described
in paragraph (1) every year thereafter.
``(3) A State shall certify to the Attorney General of the
United States that such training sessions have been completed.
``(b) Compliance and Ineligibility.--
``(1) Compliance date.--To be eligible for a grant under
this part, a State shall, subject to paragraphs (2) and (3), be
in compliance with the training requirements under subsection
(a) not later than 240 days after the date of enactment of this
part, except that the Attorney General may grant an additional
120 days to a State that is making good faith efforts to comply
with such subsection.
``(2) Compliance before start of fiscal year.--A State that
fails to achieve compliance with the training requirements
under subsection (a) in accordance with paragraph (1) of this
subsection shall be eligible for a grant under this part for a
fiscal year if, on the last day of the previous fiscal year,
the State is in compliance with such requirements.
``(3) Ineligibility.--A State that was eligible for a grant
under this part and that, as of the last day of a fiscal year,
is not in compliance with the training requirements under
subsection (a) shall not be eligible for a grant under this
part during the next fiscal year.
``(c) Verification.--The attorney general of a State receiving a
grant under this part shall verify that the training of individuals
enrolled in an academy of a law enforcement agency of the State and all
law enforcement officers of the State meets the requirements under
subsection (a).
``(d) Audit Requirements.--For each fiscal year for which grants
are made under this part, the Inspector General of the Department of
Justice shall conduct audits of an appropriate number, as determined by
the Inspector General, of States receiving such a grant to ensure
compliance with the training requirements under subsection (a).
``SEC. 3053. INDEPENDENT REVIEW OF LAW ENFORCEMENT USE OF DEADLY FORCE.
``To be eligible for a grant under this part for a fiscal year, a
State shall, as of the last day of the prior fiscal year, have enacted
and have in effect an independent prosecution of law enforcement
statute.
``SEC. 3054. DEFINITIONS.
``In this part:
``(1) The term `independent prosecution of law enforcement
statute' means a statute requiring an independent prosecution
in a criminal matter in which--
``(A) one or more of the possible defendants is a
law enforcement officer;
``(B) one or more of the alleged offenses involves
the law enforcement officer's use of deadly force in
the course of carrying out that officer's duty; and
``(C) the law enforcement officer's use of deadly
force resulted in a death or injury.
``(2) The term `deadly force' means that force which a
reasonable person would consider likely to cause death or
serious bodily harm.
``(3) The term `independent prosecution', with respect to a
criminal investigation or prosecution of a law enforcement
officer's use of deadly force, includes using one or more of
the following:
``(A) Using an agency or civilian review board that
investigates and independently reviews all officer use
of force allegations.
``(B) Assigning the attorney general of the State
in which the alleged crime was committed to conduct the
criminal investigation and prosecution.
``(C) Adopting a procedure under which an automatic
referral is made to a special prosecutor appointed and
overseen by the attorney general of the State in which
the alleged crime was committed.
``(D) Having law enforcement agencies agree to and
implement memoranda of understanding with other law
enforcement agencies under which the other law
enforcement agencies--
``(i) shall conduct the criminal
investigation; and
``(ii) upon conclusion of the criminal
investigation, shall file a report with the
attorney general of the State containing a
determination regarding whether--
``(I) the use of deadly force was
appropriate; and
``(II) any action should be taken
by the attorney general of the State.
``(E) Using an independent prosecutor.
``(4) The term `independent prosecutor' means, with respect
to a criminal investigation or prosecution of a law enforcement
officer's use of deadly force, a prosecutor who--
``(A) does not live or work in the same county as
the county in which the alleged crime was committed;
and
``(B) would not be involved in the prosecution in
the ordinary course of that prosecutor's duties.''.
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