Enhancing Oversight to End Discrimination in Policing Act

12/30/2022, 9:30 PM

Enhancing Oversight to End Discrimination in Policing Act

This bill expands the capacity to enforce a law that prohibits patterns or practices of misconduct by state and local law enforcement agencies.

Current law prohibits state and local law enforcement agencies from engaging in patterns or practices of conduct that violate constitutional or federal rights. Further, current law authorizes the Department of Justice (DOJ) to file civil cases to eliminate the pattern or practice of misconduct. Typically, DOJ's Civil Rights Division conducts pattern-or-practice investigations and resolves any misconduct through a consent decree instead of a trial.

This bill provides statutory authority for state attorneys general to bring pattern-or-practice cases in federal court. The bill also authorizes grants to help states pursue pattern-or-practice investigations and cases.

Additionally, the bill authorizes additional amounts for DOJ's Civil Rights Division and requires a certain portion to be used for enforcement and technical assistance related to pattern-or-practice cases.

Finally, the bill requires DOJ's Civil Rights Division to modify the procedures for consent decrees and settlement agreements to ensure that the consent decrees and settlement agreements (1) foster the creation and use of alternative remedies such as mental health support or community-based restorative justice mechanisms; and (2) incorporate community oversight requirements, such as a community oversight body.

Congress
117

Number
S - 1989

Introduced on
2021-06-09

# Amendments
0

Sponsors
+5

Cosponsors
+5

Variations and Revisions

6/9/2021

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

Enhancing Oversight to End Discrimination in Policing Act

This bill expands the capacity to enforce a law that prohibits patterns or practices of misconduct by state and local law enforcement agencies.

Current law prohibits state and local law enforcement agencies from engaging in patterns or practices of conduct that violate constitutional or federal rights. Further, current law authorizes the Department of Justice (DOJ) to file civil cases to eliminate the pattern or practice of misconduct. Typically, DOJ's Civil Rights Division conducts pattern-or-practice investigations and resolves any misconduct through a consent decree instead of a trial.

This bill provides statutory authority for state attorneys general to bring pattern-or-practice cases in federal court. The bill also authorizes grants to help states pursue pattern-or-practice investigations and cases.

Additionally, the bill authorizes additional amounts for DOJ's Civil Rights Division and requires a certain portion to be used for enforcement and technical assistance related to pattern-or-practice cases.

Finally, the bill requires DOJ's Civil Rights Division to modify the procedures for consent decrees and settlement agreements to ensure that the consent decrees and settlement agreements (1) foster the creation and use of alternative remedies such as mental health support or community-based restorative justice mechanisms; and (2) incorporate community oversight requirements, such as a community oversight body.

Alternative Names
Official Title as IntroducedA bill to reform pattern of practice investigations conducted by the Department of Justice, and for other purposes.

Policy Areas
Crime and Law Enforcement

Potential Impact
Civil actions and liability
Community life and organization
Congressional oversight
Criminal investigation, prosecution, interrogation
Criminal justice information and records
Department of Justice
Executive agency funding and structure
Judicial procedure and administration
Juvenile crime and gang violence
Law enforcement administration and funding
Law enforcement officers
Mental health
Racial and ethnic relations
State and local government operations

Comments

Recent Activity

Latest Summary4/12/2022

Enhancing Oversight to End Discrimination in Policing Act

This bill expands the capacity to enforce a law that prohibits patterns or practices of misconduct by state and local law enforcement agencies.

Current law p...


Latest Action6/9/2021
Read twice and referred to the Committee on the Judiciary.