[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 738 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 738

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

                             March 11, 2021

 Ms. Duckworth (for herself, Mr. Sanders, Ms. Hirono, Mr. Markey, Ms. 
    Cantwell, Ms. Smith, Mr. Wyden, Ms. Warren, Mr. Van Hollen, Mr. 
  Merkley, Ms. Cortez Masto, Mr. Kaine, Ms. Baldwin, Mr. Padilla, Ms. 
  Rosen, Ms. Klobuchar, and Mr. Blumenthal) 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 2021''.

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 PP--GRANTS FOR TRAINING AND INDEPENDENT INVESTIGATION AND 
                              PROSECUTION

``SEC. 3061. 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 3062(a) and an independent prosecution of law enforcement 
statute as described in section 3063.
    ``(b) Term.--The term of a grant under subsection (a) shall be 1 
fiscal year.

``SEC. 3062. 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 (subject to section 3063) 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. 3063. 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. 3064. DEFINITIONS.

    ``In this part:
            ``(1) The term `deadly force' means that force which a 
        reasonable person would consider likely to cause death or 
        serious bodily harm.
            ``(2) 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 methods:
                    ``(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.
            ``(3) 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.
            ``(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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