Sec. 106. Falsifying police incident reports
417 words·~2 min read·
/bill/116/s/3985/pcs/section-106A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It is the sense of Congress that— when a law enforcement officer commits an offense that deprives a citizen of their rights, privileges, and immunities protected under the Constitution and laws of the United States, that behavior is penalized to punish those involved and to deter future conduct; where serious bodily injury or death results from the acts described in paragraph (1), punishment must be severe; a law enforcement officer who intentionally submits a false police report in connection with an act described in paragraph
(1)should also be punished severely; false reporting described in paragraph
(3)not only serves to conceal potential criminal conduct and obstruct the administration of justice, false reporting also undermines the trust and confidence that communities place in law enforcement agencies; obstruction of justice is intolerable in any form, particularly in the form described in this subsection; the deterioration of trust and confidence between law enforcement agencies and communities must be abated; and severe penalties must be imposed for individuals who create false police reports in connection with criminal civil rights violations resulting in serious bodily injury or death. Chapter 47 of title 18, United States Code, is amended by adding at the end the following: It shall be unlawful for any person to knowingly and willfully falsify a police report in a material way with the intent to falsify, conceal, or cover up a material fact, in furtherance of the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States where death or serious bodily injury (as defined in section 1365) occurs. Any person who violates subsection
(a)shall be fined under this title, imprisoned for not more than 20 years, or both. . The table of sections for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1040 the following: 1041. False reporting. . Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines to ensure that the guidelines provide an additional penalty increase of not fewer than 4 offense levels if the defendant knowingly and willfully falsifies a report in a material way with the intent to falsify, conceal, or cover up a material fact, in furtherance of the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States where death or serious bodily injury occurs.