Enhancing Oversight To End Discrimination in Policing Act

Enhancing Oversight to End Discrimination in Policing Act

This bill expands the capacity to enforce a law that prohibits patterns or practices of misconduct by state and local law enforcement agencies.

Current law prohibits state and local law enforcement agencies from engaging in patterns or practices of conduct that violate constitutional or federal rights. Further, current law authorizes the Department of Justice (DOJ) to file civil cases to eliminate the pattern or practice of misconduct. Typically, DOJ's Civil Rights Division conducts pattern-or-practice investigations and resolves any misconduct through a consent decree instead of a trial.

This bill provides statutory authority for state attorneys general to bring pattern-or-practice cases in federal court. The bill also authorizes grants to help states pursue pattern-or-practice investigations and cases.

Additionally, the bill authorizes additional amounts for DOJ's Civil Rights Division and requires a certain portion to be used for enforcement and technical assistance related to pattern-or-practice cases.

Finally, the bill requires DOJ's Civil Rights Division to modify the procedures for consent decrees and settlement agreements to ensure that the consent decrees and settlement agreements (1) foster the creation and use of alternative remedies such as mental health support or community-based restorative justice mechanisms; and (2) incorporate community oversight requirements, such as a community oversight body.