Sec. 104. Independent investigations
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/bill/116/s/3912/is/section-104A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this subsection: The term deadly force means that force which a reasonable person would consider likely to cause death or serious bodily harm. The term independent prosecution , with respect to a criminal investigation or prosecution of a law enforcement officer’s use of deadly force, includes using one or more of the following: Using an agency or civilian review board that investigates and independently reviews all officer use of force allegations. Assigning the attorney general of the State in which the alleged crime was committed to conduct the criminal investigation and prosecution.
Adopting a procedure under which an automatic referral is made to a special prosecutor appointed and overseen by the attorney general of the State in which the alleged crime was committed. Adopting a procedure under which an independent prosecutor is assigned to investigate and prosecute the case. Having law enforcement agencies agree to and implement memoranda of understanding with other law enforcement agencies under which the other law enforcement agencies— shall conduct the criminal investigation; and upon conclusion of the criminal investigation, shall file a report with the attorney general of the State containing a determination regarding whether— the use of deadly force was appropriate; and any action should be taken by the attorney general of the State.
Using an independent prosecutor. The term independent prosecution of law enforcement statute means a statute requiring an independent prosecution in a criminal matter in which— one or more of the possible defendants is a law enforcement officer; one or more of the alleged offenses involves the law enforcement officer’s use of deadly force in the course of carrying out that officer’s duty; and the law enforcement officer’s use of deadly force resulted in a death or injury. The term independent prosecutor means, with respect to a criminal investigation or prosecution of a law enforcement officer’s use of deadly force, a prosecutor who— does not oversee or regularly rely on the law enforcement agency by which the law enforcement officer under investigation is employed; and would not be involved in the prosecution in the ordinary course of that prosecutor’s duties.
The Attorney General may award grants to eligible States and Indian Tribes to assist in implementing an independent prosecution of law enforcement statute. To be eligible for a grant under this subsection, a State shall, as of the last day of the prior fiscal year, have enacted and have in effect an independent prosecution of law enforcement statute. There are authorized to be appropriated to the Attorney General $750,000,000 for fiscal years 2020 through 2022 to carry out this subsection.
Part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 et seq.) is amended— in section 1701(b) ( 34 U.S.C. 10381(b) )— by redesignating paragraphs
(22)and
(23)as paragraphs
(23)and (24), respectively; in paragraph (23), as so redesignated, by striking
(21)and inserting
(22); and by inserting after paragraph
(21)the following: to develop best practices for and to create civilian review boards; ; and in section 1709 ( 34 U.S.C. 10389 ), by adding at the end the following: civilian review board means an administrative entity that— is independent and adequately funded; has investigatory authority and staff subpoena power; has representative community diversity; has policy making authority; provides advocates for civilian complainants; has mandatory police power to conduct hearings; and conducts statistical studies on prevailing complaint trends. .
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