Sec. 5. Waivers
198 words·~1 min read·
/bill/114/hr/59/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Attorney General may, in his or her discretion, grant a waiver under this section to any unit of local government for good cause shown, and shall consider the following factors: Whether, resulting from allegations of excessive uses of force, false arrests, improper searches and seizures, failures to discipline officers sufficiently, or failure to supervise officers, the unit of local government is subject to a consent decree or Memorandum of Understanding, or the subject of an investigation by the Special Litigation Section of the Civil Rights Division of the Department of Justice.
Whether the unit of local government has taken affirmative action to ensure that adequate practices and procedures are in place to increase public trust and confidence in the impartial and equitable administration of justice, including— whether incidents of officer involved shootings and uses of excessive force are investigated by a Special Prosecutor appointed by the Governor, State Attorney General, or Presiding Judge of the local court of jurisdiction; whether incidents of officer involved shootings and uses of excessive force are adjudicated in a public proceeding rather than the grand jury process.
Whether the minority community is equitably represented in the municipality’s legislative body and executive departments.