Safer Communities Act
This bill requires a state or local government that receives funds under the Edward Byrne Memorial Justice Assistance Grant Program to maintain a system for sharing disciplinary records of law enforcement officers. It also requires the Department of Justice to award a one-time grant to states to establish a system for sharing disciplinary records.
Additionally, the bill expands death and disability benefits under the Public Safety Officers' Benefits Program (PSOB) to retired public safety officers (e.g., law enforcement officers) and survivors of retired public safety officers who die while engaging in a public or private security obligation. The PSOB program provides death, disability, and education benefits to public safety officers and survivors of public safety officers who are killed or injured in the line of duty.
Finally, the bill directs the Government Accountability Office to study and report on settlement or collaborative agreements entered into pursuant to litigation arising out of allegations of police misconduct.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7384 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7384
To reform policing, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 26, 2020
Mr. Chabot introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To reform policing, 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 ``Safer Communities Act''.
SEC. 2. LAW ENFORCEMENT RECORDS RETENTION.
(a) In General.--Part E of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) is amended by adding
at the end the following:
``Subpart 4--Law Enforcement Records Retention
``SEC. 531. LAW ENFORCEMENT RECORDS RETENTION.
``(a) Definitions.--In this section--
``(1) the term `applicable covered system', with respect to
a law enforcement agency, means the covered system of the
covered government of which the law enforcement agency is part;
``(2) the term `covered government' means a State or unit
of local government;
``(3) the term `covered system' means a system maintained
by a covered government under subsection (b); and
``(4) the term `disciplinary record'--
``(A) means any written document regarding an
allegation of misconduct by a law enforcement officer
that--
``(i) is substantiated and is adjudicated
by a government agency or court; and
``(ii) results in--
``(I) adverse action by the
employing law enforcement agency; or
``(II) criminal charges; and
``(B) does not include a written document regarding
an allegation described in subparagraph (A) if the
adjudication described in clause (i) of that
subparagraph has been overturned on appeal.
``(b) Records Retention Requirements.--
``(1) Records retention system.--A covered government that
receives funds under this part shall maintain a system for
sharing disciplinary records of law enforcement officers that
meets the requirements under paragraph (2).
``(2) Requirements.--In administering a covered system, a
covered government shall--
``(A) retain each disciplinary record or internal
investigation record regarding a law enforcement
officer that is prepared by a law enforcement agency of
the covered government;
``(B) retain a record of each award or commendation
regarding a law enforcement officer that is prepared by
a law enforcement agency of the covered government;
``(C) establish a policy that ensures that each
record included in the covered system is retained and
accessible for not less than 30 years;
``(D) allow a law enforcement officer, counsel for
a law enforcement officer, or the representative
organization of a law enforcement officer to--
``(i) submit information to the covered
system relating to a disciplinary record or
internal investigation record regarding the law
enforcement officer that is retained under
subparagraph (A); or
``(ii) obtain access to the covered system
in order to review a disciplinary record or
internal investigation record described in
clause (i);
``(E) allow any Federal, State, or local law
enforcement agency to access any record included in the
covered system for the purpose of making a decision to
hire a law enforcement officer;
``(F) require that, before hiring a law enforcement
officer, a representative of a law enforcement agency
of the covered government with hiring authority--
``(i) search the applicable covered system
of each law enforcement agency that has
employed the applicant as a law enforcement
officer in order to determine whether the
applicant has a disciplinary record, internal
investigation record, or record of an award or
commendation on file; and
``(ii) if a record described in clause (i)
exists, review the record in full before hiring
the law enforcement officer; and
``(G) prohibit access to the covered system by any
individual other than an individual who is authorized
to access the covered system for purposes of--
``(i) submitting records or other
information to the covered system as described
in subparagraphs (A), (B), and (D); or
``(ii) reviewing records or other
information in the covered system as described
in subparagraphs (E) and (F).
``(c) Ineligibility for Funds.--
``(1) In general.--A covered government may not receive
funds under section 505, 506, 515, or 516 unless the covered
government is in compliance with subsection (b) of this
section.
``(2) Reallocation.--Amounts not allocated under a section
referred to in paragraph (1) to a covered government for
failure to comply with subsection (b) shall be reallocated
under that section to covered governments that have complied
with subsection (b).
``(d) One-Time Grant.--
``(1) In general.--The Attorney General shall award a grant
to each State, using an apportionment formula that reflects the
differences between each State, to be used by the State and
units of local government within the State to establish covered
systems.
``(2) Amount.--The amount of a grant awarded to a State
under paragraph (1) shall be not less than $1,000,000.
``(3) Direct appropriations.--For the purpose of making
grants under this subsection, there is authorized to be
appropriated, and there is appropriated, out of any money in
the Treasury not otherwise appropriated, $100,000,000, to
remain available until expended.
``(e) Indemnification.--
``(1) In general.--The United States shall indemnify and
hold harmless a covered government, and any law enforcement
agency thereof, against any claim (including reasonable
expenses of litigation or settlement) by any person or entity
related to--
``(A) the retention of records in a covered system
as required under subsection (b); or
``(B) the review of records included in a covered
system as required under subsection (b).
``(2) Limitation.--Paragraph (1) shall not apply to the
release of a record--
``(A) to a non-law enforcement entity or
individual; or
``(B) for a purpose other than making a decision to
hire a law enforcement officer.''.
(b) Effective Date.--Section 531(c) of title I of the Omnibus Crime
Control and Safe Streets Acts of 1968, as added by subsection (a),
shall take effect on October 1 of the first fiscal year beginning after
the date of enactment of this Act.
SEC. 3. DAVID DORN FORMER PUBLIC SAFETY OFFICERS' BENEFITS.
Section 1205 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10285) is amended by adding at the end
the following new subsection:
``(o)(1) For the purposes of a benefit under subsection (a), an
eligible retired public safety officer is deemed to be a public safety
officer who has died as the direct and proximate result of a personal
injury sustained in the line of duty.
``(2) In this section--
``(A) the term `eligible retired public safety officer' is
an individual who--
``(i) has separated from law enforcement service
with a public agency in good standing and without
record of any complaint resulting in disciplinary
action;
``(ii) was engaged in a public or private security
employment obligation at the time such individual was
killed; and
``(iii) whose death was not caused by an immediate
relative of such individual; and
``(B) the term `immediate relative' means a spouse, father,
mother, guardian, brother, sister, son, daughter, father-in-
law, mother-in-law, brother-in-law, sister-in-law, son-in-law,
daughter-in-law, or any other individual who could make a claim
under this section.''.
SEC. 4. GAO STUDY ON SETTLEMENT OR COLLABORATIVE AGREEMENTS.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall conduct a study and
submit a report to Committees on the Judiciary of the House of
Representatives and of the Senate, the Committee on Oversight and
Reform of the House of Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate, on settlement or
collaborative agreements entered into pursuant to litigation arising
out of allegations of police misconduct, including the Cincinnati
Collaborative Agreement, which--
(1) assesses the effectiveness of such agreements on
improving community-police relations;
(2) assesses the impact of such agreements on crime and
disorder;
(3) determines whether similar agreements could improve
community-police relations in other major metropolitan cities
in the United States; and
(4) offers recommendations for further improvements to such
agreements.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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