Sec. 102. Breonna Taylor Notification Act
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This section may be cited as the . Breonna Taylor Notification Act of 2020 Section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10152 ), as amended by section 101 of this Act, is amended by adding at the end the following: In this subsection: The term Federal law enforcement agency means any agency of the United States authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of Federal criminal law.
The term no-knock warrant means a warrant that authorizes a law enforcement officer to enter a certain premises to execute a warrant without first knocking or otherwise announcing the presence of the law enforcement officer if a court of competent jurisdiction finds reasonable suspicion that knocking and announcing the presence of law enforcement would— pose a danger to the officer, a suspect, or a third party on the premises; inhibit the investigation; or allow the destruction of evidence.
The terms State law enforcement agency and local law enforcement agency mean an agency of a State or unit of local government, respectively, that is authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. Subject to clause (iii), not later than January 31 of the first calendar year beginning after the date of enactment of the Breonna Taylor Notification Act of 2020 , and annually thereafter— a State that receives funds under subsection
(a)shall submit to the Attorney General a report that includes, for each no-knock warrant carried out by a State law enforcement agency of the State during the preceding calendar year, the information described in subclauses
(I)through
(V)of paragraph (3)(A)(i); and a unit of local government that receives funds under subsection
(a)shall submit to the Attorney General a report that includes— for each no-knock warrant carried out by a local law enforcement agency of the unit of local government during the preceding calendar year, the information described in subclauses
(I)through
(V)of paragraph (3)(A)(i); and the crime rate data for the unit of local government for the preceding calendar year. A State that receives funds under subsection
(a)shall ensure that each unit of local government within the State submits to the Attorney General a report that includes, in accordance with clause (i)(II) of this subparagraph— for each no-knock warrant carried out by a local law enforcement agency of the unit of local government during the preceding calendar year, the information described in subclauses
(I)through
(V)of paragraph (3)(A)(i); and the crime rate data for the unit of local government for the preceding calendar year. A State or unit of local government— may not submit the information described in subclauses
(I)through
(V)of paragraph (3)(A)(i) for a no-knock warrant relating to an investigation that has not been closed as of the date on which the applicable report is due under clause
(i)of this subparagraph; and shall include any information withheld under subclause
(I)in the earliest subsequent report submitted under clause
(i)after the investigation has been closed. For the first fiscal year that follows a fiscal year in which a State failed to comply with subparagraph
(A)with respect to a State law enforcement agency, the State shall be subject to a 20-percent reduction of the funds that would otherwise be allocated for retention by the State under section 505(c) for that fiscal year. For the first fiscal year that follows a fiscal year in which a unit of local government within a State failed to comply with subparagraph (A), the State shall be subject to a reduction of the funds that would otherwise be allocated for retention by the State under section 505(c) for that fiscal year by a percentage that is equal to the percentage of the population of the State that lives in the unit of local government, which may not exceed 20 percent. For the first fiscal year that follows a fiscal year in which a unit of local government failed to comply with subparagraph (A), the unit of local government shall be subject to a 20-percent reduction of the funds that would otherwise be allocated to the unit of local government under this subpart for that fiscal year. Beginning in the first fiscal year beginning after the first fiscal year described in subclause (I)(aa)(AA) in which a State fails to comply with subparagraph
(A)with respect to a State law enforcement agency, the percentage by which the funds described in subclause (I)(aa)(AA) are reduced shall be increased by 5 percent each fiscal year the State fails to comply with subparagraph
(A)with respect to a State law enforcement agency, except that such reduction shall not exceed 25 percent in any fiscal year. Beginning in the first fiscal year beginning after the first fiscal year described in subclause (I)(bb) in which a unit of local government fails to comply with subparagraph (A), the percentage by which the funds described in subclause (I)(bb) are reduced shall be increased by 5 percent each fiscal year the unit of local government fails to comply with subparagraph (A), except that such reduction shall not exceed 25 percent in any fiscal year. Amounts not allocated by reason of clause
(i)to a State or unit of local government for failure to comply with subparagraph
(A)shall be reallocated to States or units of local government, respectively, that have complied with subparagraph (A). Clause
(i)shall take effect with respect to the third annual report due under subparagraph
(A)after the date of enactment of the Breonna Taylor Notification Act of 2020 . Subject to subparagraph (B), not later than March 31 of the first calendar year beginning after the date of enactment of the Breonna Taylor Notification Act of 2020 , and annually thereafter, the Attorney General shall publish a report that includes— for each no-knock warrant carried out by a Federal law enforcement agency, State law enforcement agency, or local law enforcement agency during the preceding calendar year— the reason for which the warrant was issued, including each violation of law listed on the warrant; whether, in the course of carrying out the warrant— force resulting in property damage, serious bodily injury, or death was used; or any law enforcement officer, suspect, or bystander was injured or killed; the sex, race, ethnicity, and age of each person found at the location for which the no-knock warrant was issued; whether the location searched matched the location described in the warrant; whether the warrant included the particularized information required under the Fourth Amendment to the Constitution of the United States, as interpreted by the Supreme Court of the United States, and any other applicable Federal, State, or local law related to the use of no-knock warrants; and for each local law enforcement agency for which information is submitted under clause
(i)for a calendar year, the crime rate data for the applicable unit of local government for that calendar year. The Attorney General— may not publish any information described in subparagraph
(A)for a no-knock warrant relating to an investigation that has not been closed as of the date on which the applicable report is due under that paragraph; and shall include any information withheld under clause
(i)in the earliest subsequent report published under subparagraph
(A)after the investigation has been closed. .
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Sec. 102
Breonna Taylor Notification Act
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