Sec. 403. Enactment of laws penalizing engaging in sexual acts while acting under color of law
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/bill/117/hr/1280/rds/section-403A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Beginning in the first fiscal year that begins after the date that is one year after the date of enactment of this Act, in the case of a State or unit of local government that does not have in effect a law described in subsection (b), if that State or unit of local government that would otherwise receive funds under the COPS grant program, that State or unit of local government shall not be eligible to receive such funds. In the case of a multi-jurisdictional or regional consortium, if any member of that consortium is a State or unit of local government that does not have in effect a law described in subsection (b), if that consortium would otherwise receive funds under the COPS grant program, that consortium shall not be eligible to receive such funds.
A law described in this subsection is a law that— makes it a criminal offense for any person acting under color of law of the State or unit of local government to engage in a sexual act with an individual, including an individual who is under arrest, in detention, or otherwise in the actual custody of any law enforcement officer; and prohibits a person charged with an offense described in paragraph
(1)from asserting the consent of the other individual as a defense. A State or unit of local government that receives a grant under the COPS grant program shall submit to the Attorney General, on an annual basis, information on— the number of reports made to law enforcement agencies in that State or unit of local government regarding persons engaging in a sexual act while acting under color of law during the previous year; and the disposition of each case in which sexual misconduct by a person acting under color of law was reported during the previous year.