Sec. 103. Pattern and practice investigations
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/bill/116/hr/7120/rh/section-103A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12601 ) is amended— in subsection (a), by inserting , by prosecutors, after conduct by law enforcement officers ; in subsection (b), by striking paragraph
(1)and inserting subsection
(a); and by adding at the end the following: In carrying out the authority in subsection (b), the Attorney General may require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data in any medium (including electronically stored information), as well as any tangible thing and documentary evidence, and the attendance and testimony of witnesses necessary in the performance of the Attorney General under subsection (b). Such a subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate district court of the United States. Whenever it shall appear to the attorney general of any State, or such other official as a State may designate, that a violation of subsection
(a)has occurred within their State, the State attorney general or official, in the name of the State, may bring a civil action in the appropriate district court of the United States to obtain appropriate equitable and declaratory relief to eliminate the pattern or practice. In carrying out the authority in this subsection, the State attorney general or official shall have the same subpoena authority as is available to the Attorney General under subsection (c). Nothing in this section may be construed to limit the authority of the Attorney General under subsection
(b)in any case in which a State attorney general has brought a civil action under subsection (d). On the date that is one year after the enactment of the George Floyd Justice in Policing Act of 2020, and annually thereafter, the Civil Rights Division of the Department of Justice shall make publicly available on an internet website a report on, during the previous year— the number of preliminary investigations of violations of subsection
(a)that were commenced; the number of preliminary investigations of violations of subsection
(a)that were resolved; and the status of any pending investigations of violations of subsection (a). . The Attorney General may award a grant to a State to assist the State in conducting pattern and practice investigations under section 210401(d) of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12601 ). A State seeking a grant under paragraph
(1)shall submit an application in such form, at such time, and containing such information as the Attorney General may require. There are authorized to be appropriated $100,000,000 to the Attorney General for each of fiscal years 2021 through 2023 to carry out this subsection. Section 210402 of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12602 ) is amended— in subsection (a)— by striking The Attorney General and inserting the following: The Attorney General ; and by adding at the end the following: The attorney general of a State may, through appropriate means, acquire data about the use of excessive force by law enforcement officers and such data may be used by the attorney general in conducting investigations under section 210401. This data may not contain any information that may reveal the identity of the victim or any law enforcement officer. ; and by amending subsection
(b)to read as follows: Data acquired under subsection (a)(1) shall be used only for research or statistical purposes and may not contain any information that may reveal the identity of the victim or any law enforcement officer. .
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