[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3804 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 3804
To amend title 18, United States Code, to hold police accountable in
the courts.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 9, 2026
Mr. Booker introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to hold police accountable in
the courts.
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 ``Under Color of Law Accountability
Act''.
SEC. 2. PROHIBITING EXCESSIVE FORCE, THEFT, AND OBSTRUCTION BY PERSONS
ACTING UNDER COLOR OF LAW.
(a) Amendment.--Part I of title 18, United States Code, is amended
by inserting after section 1623 the following:
``CHAPTER 80--PERSONS ACTING UNDER COLOR OF LAW
``Sec.
``1641. Prohibiting excessive force by persons acting under color of
law.
``1642. Prohibiting theft of money, personal property, controlled
substances, and contraband by persons
acting under color of law.
``1643. Prohibiting obstruction undertaken under color of law.
``1644. Statute of limitations.
``1645. Definitions.
``Sec. 1641. Prohibiting excessive force by persons acting under color
of law
``(a) Use of Excessive Force.--
``(1) Offense.--It shall be unlawful for any person to,
acting under color of law, cause bodily injury to another by
intentionally using force against another if the person--
``(A) knows that the force is excessive; or
``(B) consciously disregards a substantial risk
that the force is excessive.
``(2) Penalty.--Any person who violates paragraph (1)
shall--
``(A) be fined under this title, be imprisoned for
not more than 10 years, or both; or
``(B) in the case of an offense that involves
kidnapping, attempted kidnapping, or an attempt to kill
or that results in death, be fined under this title,
imprisoned for not more than 30 years, or both.
``(3) Conspiracy.--Any person who conspires to commit a
violation of paragraph (1) shall be subject to the same
penalties as those prescribed for the offense, as if such
offense were completed.
``(4) Solicitation of a violation.--
``(A) In general.--Any person, acting under color
of law, who solicits, counsels, commands, directs, or
induces another person to commit a violation of
paragraph (1), with the intent that the violation be
committed, shall be subject to the same penalties as
those prescribed for the offense, as if such offense
were completed by the person.
``(B) Completion of solicited violation proof
requirement.--In a prosecution for an offense under
subparagraph (A), the Federal Government need not prove
that any person actually committed or attempted to
commit the solicited violation of paragraph (1).
``(b) Use of Firearm.--
``(1) Offense.--It shall be unlawful for any person, acting
under color of law, to attempt to cause death or bodily injury
through the discharge of a firearm, if the person knows that
such an act would constitute excessive force if death or injury
were to result.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under this title, imprisoned for not more than 10
years, or both.
``(c) Failure To Intervene.--
``(1) In general.--Any person who, acting under color of
law, and having the duty, opportunity, and ability to
intervene, deliberately chooses not to take reasonable steps to
stop or prevent a use of excessive force, knowing that the
force is excessive, shall be subject to the same penalties as
those prescribed for the offense, as if such offense were
completed by the person.
``(2) Limitation.--Paragraph (1) shall not apply to any
person who takes reasonable steps to stop or prevent the use of
excessive force, regardless of whether the steps were
successful.
``Sec. 1642. Prohibiting theft of money, personal property, controlled
substances, and contraband by persons acting under color
of law
``(a) Offense.--It shall be unlawful for any person, acting under
color of law, to--
``(1) knowingly convert to their personal use, or to the
personal use of another, any sum of money, personal property
valued at more than $25.00, or any controlled substance or
contraband obtained--
``(A) from any person--
``(i) in their custody or control;
``(ii) in the control or custody of another
person acting under color of law;
``(iii) in the control or custody of a
prison or other correctional or detention
facility whether run by a government agency or
private entity;
``(iv) in the custody or control of a law
enforcement agency; or
``(v) in the control or custody of an
institution; or
``(B) from any home, vehicle, or other property
searched--
``(i) pursuant to warrant or other legal
process; or
``(ii) when access to such property is
granted because an officer or government actor
shows a badge, identifies himself or herself as
a law enforcement or government official, or
there is otherwise a similar display of law
enforcement or other governmental authority,
including when an officer misuses their
official authority to obtain consent to search
the property or otherwise gain entry to the
property; or
``(2) knowingly take any sum of money, personal property
valued at more than $25.00, or any controlled substance or
contraband, with the intent to convert the money, property,
contraband, or controlled substance to their own personal use
or to the personal use of another, knowing that the person has
no legal right to such money, property, contraband, or
controlled substance.
``(b) Penalty.--Any person who violates subsection (a) shall--
``(1) in the case of an offense involving money or property
the value of which is more than $1,000, be fined under this
title, imprisoned for not more than 10 years, or both;
``(2) in the case of an offense involving money or property
the value of which is more than $500, be fined under this
title, imprisoned for not more than 5 years, or both; or
``(3) be fined under this title, imprisoned for not more
than 5 years, or both.
``(c) Applicability.--Subsection (a) shall not apply to the taking
of money, property, controlled substances, or contraband for legitimate
law enforcement or governmental purposes, such as for use as evidence
in a trial or for confiscation as proceeds of illegal activity.
``(d) Custody or Control.--For purposes of this section, an
individual shall be considered to be in the custody or control of a law
enforcement officer or other person acting under color of law if that
individual is the subject of a seizure, as that term is used in the
Fourth Amendment to the Constitution of the United States, even if that
seizure is only temporary.
``Sec. 1643. Prohibiting obstruction undertaken under color of law
``(a) Offense.--It shall be unlawful for any person, acting under
color of law, to knowingly, and with the intent to cover up or conceal
a possible violation of any color-of-law offense in this chapter or
chapter 13, including under section 242, 1641, 1642, or 1643, or acting
with the intent to cover up or conceal an act or omission that
constitutes or could constitute a violation of any right secured or
protected by the Constitution of the United States or Federal law, or
acting with intent to prevent the recording or preservation of evidence
of a violation of a color-of-law offense or violation of a
constitutional or Federal right--
``(1) destroy, mutilate, corrupt, alter, conceal, falsify,
or otherwise render unavailable any recording device, including
a camera, video recording device, audio recording device,
tablet, computer, cellular telephone, or cellular telephone
application, whether owned by a private person, or owned or
operated by a law enforcement organization, or to take such
action with respect to a picture, image, data, or video or
audio recordings made by, or captured upon, such a device;
``(2) use physical force or the threat of physical force to
interfere with a person who, without interfering in law
enforcement activity or breaking any law, records law
enforcement activity--
``(A) in a public setting; or
``(B) in a home, vehicle, business, or similar
premises when the recording is made by the owner or
legal occupant of such premises or with the express or
implied permission of an owner or legal occupant
present on the premises;
``(3) use arrest, the threat of arrest, or other abuse of
the law or legal process to interfere with a person who,
without interfering in law enforcement activity or breaking any
law, records law enforcement activity--
``(A) in a public setting; or
``(B) in a home, vehicle, business, or similar
premises when the recording is made by the owner or
legal occupant of such premises or with the express or
implied permission of an owner or legal occupant
present on the premises;
``(4) use physical force, the threat of physical force,
intimidation, harassment, misleading conduct, or corrupt
persuasion to cause another to destroy, mutilate, corrupt,
alter, conceal, falsify, or otherwise render unavailable any
recording of law enforcement activity;
``(5) use physical force, the threat of physical force,
intimidation, harassment, misleading conduct, or corrupt
persuasion to prevent or persuade another to provide false
information about the existence or content of such a recording
during or in relation to an official investigation or inquiry
into a matter or in anticipation that such an official
investigation will be initiated or continued; or
``(6) destroy, mutilate, corrupt, alter, conceal, falsify,
or otherwise render unavailable any tangible object that may
serve as evidence of a violation of a color-of-law offense or
violation of a constitutional or Federal right.
``(b) Penalty.--Any person who violates subsection (a) shall--
``(1) be fined under this title, imprisoned for not more
than 20 years, or both; or
``(2) if death results, be fined under this title,
imprisoned for not more than 30 years, or both.
``(c) Rule of Construction.--Nothing in this section shall be
construed to--
``(1) prohibit a law enforcement officer from forbidding,
discouraging, or preventing recording of sensitive law
enforcement activities, such as--
``(A) internal briefings;
``(B) undercover activities;
``(C) classified or sensitive subject matters;
``(D) interviews with victims, witnesses,
informants, and cooperating defendants; or
``(E) internal personnel discussions;
``(2) prohibit a law enforcement officer from precluding a
third party from entering a private home or other premises
during a search or arrest or other investigatory activity; or
``(3) prohibit a law enforcement officer from enforcing
reasonable regulations on recording conduct in public settings,
if such regulations are imposed and enforced for the safety of
any person and in accordance with the First Amendment to the
Constitution of the United States.
``(d) Intent Proof Requirement.--In a prosecution for an offense
under subsection (a), the Government need not prove--
``(1) that the person was aware that the matter the person
intended to obstruct involved a violation of any particular
Federal law or constitutional right; or
``(2) that the person had knowledge that any pending or
anticipated official investigation is Federal in nature.
``(e) Official Investigation.--For purposes of this section, an
official investigation shall include a Federal criminal investigation,
a Federal civil investigation, such as a pattern or practice
investigation and a State criminal or administrative investigation.
``Sec. 1644. Statute of limitations
``(a) Death-Resulting Offenses.--An indictment or information
alleging that an offense under section 1641, 1642, or 1642 resulted in
death may be found or instituted at any time without limitation.
``(b) Other Offenses.--Except as provided in subsection (a), no
person shall be prosecuted, tried, or punished for any offense under
section 1641, 1642, or 1643 unless the indictment for such offense is
found, or the information for such offense is instituted, not later
than 7 years after the date on which the offense was completed.
``Sec. 1645. Definitions
``In this chapter:
``(1) Bodily injury.--The term `bodily injury'--
``(A) has the meaning given the term in section
1365(h); and
``(B) does not include solely emotional or
psychological harm.
``(2) Controlled substance.--The term `controlled
substance' has the meaning given the term in section 102 of the
Controlled Substances Act (21 U.S.C. 802).
``(3) Excessive force.--
``(A) In general.--The term `excessive force'--
``(i) means--
``(I) in the case of force used
against a person incarcerated based
upon a criminal conviction, force that
is both unnecessary and wanton; and
``(II) in any other case, force
that is objectively unreasonable force;
and
``(ii) includes deadly force if the use of
deadly force was objectively unreasonable under
all the facts and circumstances.
``(B) Wanton use of force.--For purposes of
subparagraph (A)(i)(I), wanton use of force shall
include--
``(i) non-de-minimis force intentionally
inflicted in the absence of a legitimate
penological purpose; and
``(ii) force used with the intent to
inflict harm, injury, pain, or suffering beyond
that which would result from a good faith
effort to maintain discipline, restore order,
or to achieve any other legitimate penological
purpose.
``(C) Objectively unreasonable force.--For purposes
of subparagraph (A), the term `objectively unreasonable
force' means force that, upon consideration of all the
facts and circumstances from the point of view of a
reasonable officer or government actor on the scene,
exceeds the amount of force necessary to accomplish a
legitimate law enforcement or governmental objective.
``(D) Deadly force.--For purpose of subparagraph
(A)(i)(II), the use of deadly force shall be considered
reasonable if, from the point of view of a reasonable
officer or government actor on the scene, such force
is--
``(i) reasonably necessary to prevent an
imminent threat of death or serious bodily
injury to the person using the force or to any
other person; or
``(ii) reasonably necessary to prevent the
escape of a suspect or person in custody if a
reasonable officer or government actor on the
scene would have probable cause to believe that
the escapee would, if not immediately
apprehended, pose a serious threat of physical
harm to the officer or to others and when
escape cannot reasonably be prevented by the
use of less lethal force or other means.
``(4) Under the color of law.--The term `under the color of
law' includes actions taken under the color of any Federal,
State, Tribal, territorial, commonwealth, possession, or
district law, which includes any statute, ordinance,
regulation, or custom thereof.''.
(b) Table of Chapters.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 79 the following:
``80 Persons acting under color of law...................... 1641''.
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