Sec. 3. Law enforcement records retention
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/bill/116/hr/8597/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 et seq.) is amended by adding at the end the following: In this section— the term applicable covered system , with respect to a law enforcement agency, means the covered system of the covered government of which the law enforcement agency is part; the term covered government means a State or unit of local government; the term covered system means a system maintained by a covered government under subsection (b); and the term disciplinary record — means any written document regarding an allegation of misconduct by a law enforcement officer that— is substantiated and is adjudicated by a government agency or court; and results in— resignation, dismissal of employment, relief of duty status exceeding three days, or another adverse action by the employing law enforcement agency resulting in the loss of pay or demotion; or criminal charges; and does not include a written document regarding an allegation described in subparagraph
(A)if the adjudication described in clause
(i)of that subparagraph has been overturned on appeal. A covered government that receives funds under this part shall maintain a system for sharing disciplinary records of law enforcement officers that meets the requirements under paragraph (2). In administering a covered system, a covered government shall— retain each disciplinary record or internal investigation record regarding a law enforcement officer that is prepared by a law enforcement agency of the covered government, and retain, for each law enforcement officer with respect to whom a record is retained under this subparagraph, at the time of the creation of the record— the number of official claims made against the officer and investigations regarding the officer that were based on discrimination; the number of investigations with respect to which the complaint was determined to be unfounded; and the total number of official civilian interactions (including traffic stops and arrests) the officer has had during their employment with the law enforcement agency; retain a record of each award or commendation regarding a law enforcement officer that is prepared by a law enforcement agency of the covered government; establish a policy that ensures that each record included in the covered system is retained and accessible for not less than 20 years; allow a law enforcement officer, counsel for a law enforcement officer, or the representative organization of a law enforcement officer to— submit information to the covered system relating to a disciplinary record or internal investigation record regarding the law enforcement officer that is retained under subparagraph (A); or obtain access to the covered system in order to review a disciplinary record or internal investigation record described in clause (i); allow any Federal, State, or local law enforcement agency to access any record included in the covered system for the purpose of making a decision to hire a law enforcement officer; require that, before hiring a law enforcement officer, a representative of a law enforcement agency of the covered government with hiring authority— search the applicable covered system of each law enforcement agency that has employed the applicant as a law enforcement officer in order to determine whether the applicant has a disciplinary record, internal investigation record, or record of an award or commendation on file; and if a record described in clause
(i)exists, review the record in full before hiring the law enforcement officer; and prohibit access to the covered system by any individual other than an individual who is authorized to access the covered system for purposes of— submitting records or other information to the covered system as described in subparagraphs (A), (B), and (D); or reviewing records or other information in the covered system as described in subparagraphs
(E)and (F). A covered government may not receive funds under section 505, 506, 515, or 516 unless the covered government is in compliance with subsection
(b)of this section. Amounts not allocated under a section referred to in paragraph
(1)to a covered government for failure to comply with subsection
(b)shall be reallocated to the United States Treasury. The Attorney General shall award a grant to each State, using an apportionment formula that reflects the differences between each State, to be used by the State and units of local government within the State to establish covered systems. The amount of a grant awarded to a State under paragraph
(1)shall be not less than $1,000,000. For the purpose of making grants under this subsection, there is authorized to be appropriated $100,000,000, to remain available until expended. The United States shall indemnify and hold harmless a covered government, and any law enforcement agency thereof, against any claim (including reasonable expenses of litigation or settlement) by any person or entity related to— the retention of records in a covered system as required under subsection (b); or the review of records included in a covered system as required under subsection (b). Paragraph
(1)shall not apply to the release of a record— to a non-law enforcement entity or individual; or for a purpose other than making a decision to hire a law enforcement officer. . Section 531(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by subsection (a), shall take effect on October 1 of the first fiscal year beginning after the date of enactment of this Act.
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Sec. 3
Law enforcement records retention
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