Congressional Black Caucus Leads House and Senate Democrats to Introduce the Justice in Police Act of 2010

Washington, D.C. – Today, Congressional Black Caucus Chair Karen Bass (D-CA), Senators Corey Booker (D-NJ) and Kamala Harris (D-CA), and House Judiciary Committee Chair Jerrold Nadler (D-NY) introduced the Justice in Policing Act of 2020, the first-ever bold, comprehensive approach to hold police accountable, change the culture of law enforcement and build trust between law enforcement and our communities.

Bass said: “What we are witnessing is the birth of a new movement in our country with thousands coming together in every state marching to demand a change that ends police brutality, holds police officers accountable, and calls for transparency. For over 100 years, Black communities in America have sadly been marching against police abuse and calling for the police to protect and serve them as they do others. Today we unveil the Justice in Policing Act, which will establish a bold transformative vision of policing in America. Never again should the world be subjected to witnessing what we saw on the streets in Minnesota with George Floyd.”

What we saw was the brutal, slow killing of an unarmed black man who was lying on the ground completely subdued by three officers, one who was kneeling on his neck. He pleaded with police to just let him stand up. He told them he could not breathe. He begged them: Please. Over and over again, he asked. He bled from his nose. He called for his mother as he must have known he was about to die. Captured on camera for the whole world to see.

As his last breaths left his body, a murderous cop ignored him. Every one of those badge carrying criminals ignored the pleas of the people filming this process of death by asphyxiation, as Derek Chauvin intentionally refused to take his weight off of Floyd’s neck and let him stand up. Police knew he was suffering because he told them so. Over and over again he said so. As he struggled to breathe he begged for his life. But they did not listen, because they did not care. They had no respect for this man’s plight. They had no respect for George Floyd’s life. And so he died. In the street like a dog. Needlessly. Whatever his past transgressions, he did not deserve the treatment he received that day. He posed no threat to anyone. It was murder by cop. Live. Film at 11.

Senator Booker said it’s time to hold law enforcement officers accountable for their lawlessness:

“America has a serious and deadly problem when it comes to the discriminatory and excessive policing of communities of color – and that policing exists within a system that time and again refuses to hold police accountable for their brutality. For too long, this has been accepted as a cruel reality of being black in this country. We are forced to figure out how to keep ourselves safe from law enforcement and we are viewed as a threat to be protected against instead of people worth protecting. And for too long, Congress has failed to act. That ends today with the landmark Justice in Policing Act which, for the first time in history, will take a comprehensive approach to ending police brutality. On the back-end, the bill fixes our federal laws so law enforcement officers are held accountable for egregious misconduct and police abuses are better tracked and reported. And on the front-end, the bill improves police practices and training to prevent these injustices from happening in the first place.”

What has long been needed is an institutional process for exposing and removing police officers who break the laws they are sworn to uphold.  

Senator Harris said this legislative effort is required to begin the process of actually stopping police brutality. Real public safety, she said, requires community trust and police accountability:

“America’s sidewalks are stained with Black blood. In the wake of George Floyd and Breonna Taylor’s murders, we must ask ourselves: how many more times must our families and our communities be put through the trauma of an unarmed Black man or woman’s killing at the hands of the very police who are sworn to protect and serve them? As a career prosecutor and former Attorney General of California, I know that real public safety requires community trust and police accountability. I am proud to join my colleagues in introducing this historic legislation that will get our country on a path forward,” Harris said.

The proposed legislation is bold, and if enacted would target actions like those Derek Chauvin used in killing George Floyd, but from the early days of this nation’s troubling division over the issue of black slaves, anti-blacks have repeatedly touted the issue of “state action” and told the Fed it cannot dictate what states do.

Chairman Nadler addressed state action indirectly in his remarks, saying: “We have heard the terrifying words ‘I can’t breathe’ from George Floyd, Eric Garner, and the millions of Americans in the streets calling out for change. For every incident of excessive force that makes headlines, the ugly truth is that there are countless others that we never hear about. This is a systemic problem that requires a comprehensive solution.  I am proud to work in lockstep with the Congressional Black Caucus to craft the Justice in Policing Act. This bold, transformative legislation will finally ban chokeholds at the federal level and incentivize states to do the same, it will help end racial profiling, get weapons of war off our streets, hold police accountable, increase transparency and require and encourage greater use of body cameras. It does all of this while ensuring that our law enforcement agencies adhere to the very highest standards in training, hiring and de-escalation strategies to address systemic racism and bias to change the culture of law enforcement in America and ultimately save lives.”

The Justice in Policing Act of 2020:

• Prohibits federal, state, and local law enforcement from racial, religious and discriminatory profiling, and mandates training on racial, religious, and discriminatory profiling for all law enforcement.
• Bans chokeholds, carotid holds and no-knock warrants at the federal level and limits the transfer of military-grade equipment to state and local law enforcement.
• Mandates the use of dashboard cameras and body cameras for federal officers and requires state and local law enforcement to use existing federal funds to ensure the use of police body cameras.
• Establishes a National Police Misconduct Registry to prevent problematic officers who are fired or leave one agency from moving to another jurisdiction without any accountability.
• Amends federal criminal statute from “willfulness” to a “recklessness” standard to successfully identify and prosecute police misconduct.
• Reforms qualified immunity so that individuals are not barred from recovering damages when police violate their constitutional rights.
• Establishes public safety innovation grants for community-based organizations to create local commissions and task forces to help communities to re-imagine and develop concrete, just and equitable public safety approaches.
• Creates law enforcement development and training programs to develop best practices and requires the creation of law enforcement accreditation standard recommendations based on President Obama’s Taskforce on 21st Century policing.
• Requires state and local law enforcement agencies to report use of force data, disaggregated by race, sex, disability, religion, age.
• Improves the use of pattern and practice investigations at the federal level by granting the Department of Justice Civil Rights Division subpoena power and creates a grant program for state attorneys general to develop authority to conduct independent investigations into problematic police departments.
• Establishes a Department of Justice task force to coordinate the investigation, prosecution and enforcement efforts of federal, state and local governments in cases related to law enforcement misconduct.

(For a review of court action over the years on the subject of police use of force, see How to Change Lethal Force Rules for Police, by Austin Sarat, associate provost and associate dean of the faculty and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College.)

The Justice in Policing Act of 2020 has the support of a broad coalition of civil rights organizations including: Demand Progress, Lawyers’ Committee For Civil Rights Under Law, Leadership Conference on Civil and Human Rights, National Action Network, National African American Clergy Network, National Association for the Advancement of Colored People (NAACP), NAACP Legal Defense and Educational Fund, Inc. (LDF), The National Coalition on Black Civic Participation (NCBCP), Black Millennial Convention, and the National Urban League.

“The National African American Clergy Network supports the Justice in Policing Bill. It affirms sacred scripture that everyone is created in the image of God and deserves to be protected by police sworn to value and safeguard all lives. Failure by police to uphold this sacred trust with Black Americans’ lives, requires systemic changes in policing nationwide,” said Dr. Barbara Williams-Skinner, Dr. Otis Moss, Jr., Dr. T. DeWitt Smith, Jr., Co-Conveners, The National African American Clergy Network (NAACN).

“It’s time to close the chapter on a dark era of unchecked police violence in our country that has wreaked havoc on African American families across the country. The Justice in Policing Act is historic and long overdue legislation that will put our country on a path to reform.  This Act is responsive to many of the urgent demands being pressed for by our communities and by the people protesting for racial justice and equity across our nation. The Lawyers’ Committee for Civil Rights Under Law commends the Congressional Black Caucus for their leadership on policing reform and this critical legislation, including Chair Karen Bass, Senator Cory Booker and Senator Kamala Harris,” said Kristen Clarke, President and Executive Director of the Lawyers’ Committee for Civil Rights Under Law.

“Sometimes difficult circumstances present a once-in-a-lifetime opportunity to bring about historic change,” said Marc H. Morial, President and CEO of the National Urban League. “The brutal actions of police in George Floyd’s death in Minneapolis, along with botched execution of a no-knock warrant that killed Breonna Taylor in Louisville, and the brazen vigilante execution of Ahmaud Arbery in Glynn County, Georgia, have pushed the nation to the tipping point.”

“For the past four-plus centuries, Black people have continuously been made to endure unfair, unjust, and inhumane treatment in this country. We have been made to believe in that if we worked hard, never complained, and accepted what the world offered that would be enough. What the deaths of George Floyd, Breonna Taylor, Ahmaud Arbery and countless others have taught us is that obedience will never be enough; liberty and justice for all applies to everyone but us; and by us, we mean Black Americans, African Americans, Afro-Americans, or plainly put, Black people,” said Waikinya J.S.Clanton, MBA Black Millennial Convention.

Full text of the legislation is available here.

A section-by-section summary of the Justice in Policing Act of 2020 is available here.

In addition to Bass and Nadler, co-sponsors of the Justice in Policing Act of 2020 in the House of Representatives are Speaker Nancy Pelosi (D-CA), Majority Leader Steny Hoyer (D-MD), Majority Whip James Clyburn (D-SC), Hakeem Jeffries (D-NY), Katherine Clark (D-MA), Barbara Lee (D-CA), John Lewis (D-GA), Alma Adams (D-NC), Pete Aguilar (D-CA), Colin Allred (D-TX), Nanette Barragán (D-CA), Joyce Beatty (D-OH), Ami Bera (D-CA), Don Beyer (D-VA), Sanford D.Bishop, Jr. (D-GA), Earl Blumenauer (D-OR), Lisa Blunt Rochester (D-DE), Suzanne Bonamici (D-OR), Brendan Boyle (D-PA), Anthony G. Brown (D-MD), Julia Brownley (D-CA), G.K. Butterfield (D-NC), Cheri Bustos (D-IL), Salud Carbajal (D-CA), Tony Cárdenas (D-CA), Andre Carson (D-IN), Matt Cartwright (D-PA), Kathy Castor (D-FL), Joaquin Castro (D-TX), Judy Chu (D-CA), David N. Cicilline (D-RI), Yvette D. Clarke (D-NY), Wm. Lacy Clay (D-MO), Emanuel Cleaver (D-MO), Steve Cohen (D-TN), Gerry Connolly (D-VA), Joe Courtney (D-CT), J. Luis Correa (D-CA), Jason Crow (D-CO), Danny K. Davi (D-IL), Susan Davis (D-CA), Madeleine Dean (D-PA), Peter DeFazio (D-OR), Diana DeGette (D-CO), Rosa DeLauro (D-CT), Suzan DelBene (D-WA), Antonio Delgado (D-NY), Val B. Demings (D-FL), Mark DeSaulnier (D-CA), Ted Deutch (D-FL), Debbie Dingell (D-MI), Lloyd Doggett (D-TX), Mike Doyle (D-PA), Eliot L. Engel (D-NY), Veronia Escobar (D-TX), Anna G. Eshoo (D-CA), Adriano Espaillat (D-NY), Dwight Evans (D-PA), Lois Frankel (D-FL), Marcia L. Fudge (D-OH), Ruben Gallego (D-AZ), Jesús “Chuy” García (D-IL), Sylvia R. García, (D-TX), Al Green (D-TX), Jimmy Gomez (D-CA), Vicente Gonzalez (D-TX), Deb Haaland (D-NM), Alcee L. Hastings (D-FL), Jahana Hayes (D-CT), Denny Heck (D-WA), Brian Higgins (D-NY), Steven Horsford (D-NV), Jared Huffman (D-CA), Sheila Jackson Lee (D-TX), Pramila Jayapal (D-WA), Eddie Bernice Johnson (D-TX), Henry C. “Hank” Johnson, Jr. (D-GA), Marcy Kaptur (D-OH), Bill Keating (D-MA) Mike Kelly (D-PA), Joseph P. Kennedy III (D-MA), Ro Khanna (D-CA), Dan Kildee (D-MI), Derek Kilmer (D-WA), Raja Krishnamoorthi (D-IL), Annie Kuster (D-NH), Jim Langevin (D-RI), Brenda L. Lawrence (D-MI), Al Lawson (D-FL), Ted Lieu (D-CA), Zoe Lofgren (D-CA), Alan Lowenthal (D-CA), Nita Lowey (D-NY), Stephen F. Lynch (D-MA), Carolyn B. Maloney (D-NY), Sean Patrick Maloney (D-NY), Lucy McBath (D-GA), Betty McCollum (D-MN), A. Donald McEachin (D-VA), James P. McGovern (D-MA), Jerry McNerney (D-CA), Gregory W. Meeks (D-NY), Grace Meng (D-NY), Kweisi Mfume (D-MD), Gwen Moore (D-WI), Seth Moulton (D-MA), Debbie Mucarsel-Powell (D-FL), Grace F. Napolitano (D-CA), Richard E. Neal (D-MA), Joe Neguse (D-CO), Donald Norcross (D-NJ), Eleanor Holmes Norton (D-D.C.), Ilhan Omar (D-MN), Frank Pallone, Jr. (D-NJ), Jimmy Panetta (D-CA), Donald M. Payne, Jr. (D-NJ),  Ed Perlmutter (D-CO), Scott Peters (D-CA), Chellie Pingree (D-ME), Stacey E. Plaskett (D-V.I.), Mark Pocan (D-WI), Ayanna Pressley (D-MA), David E. Price (D-NC), Jamie Raskin, (D-MD), Cedric L. Richmond (D-LA), Lucille Roybal-Allard (D-CA), Bobby L. Rush (D-IL), Tim Ryan (D-OH), Linda Sánchez (D-CA), John Sarbanes (D-MD), Mary Gay Scanlon (D-PA), Jan Schakowsky (D-IL), Adam Schiff (D-CA), Bradley Scott Schneider (D-IL), Bobby Scott (D-VA), David Scott (D-GA), Jose Serrano (D-NY), Terri Sewell (D-AL), Donna Shalala (D-FL), Mikie Sherrill (D-NJ), Brad Sherman (D-CA), Jackie Speier (D-CA), Albio Sires (D-NJ), Adam Smith (D-WA), Greg Stanton (D-AZ), Tom Suozzi (D-NY), Eric Swalwell (D-CA), Mark Takano (D-CA), Bennie G. Thompson (D-MS), Mike Thompson (D-CA), Dina Titus (D-NV), Rashinda Tlaib (D-MI), Paul Tonko (D-NY), Norma Torres (D-CA), Lori Trahan (D-MA), David Trone (D-MD), Lauren Underwood (D-IL), Marc Veasey (D-TX), Filemon Vela (D-TX), Nydia Velázquez (D-NY), Debbie Wasserman Schultz (D-FL), Maxine Waters (D-CA), Bonnie Watson Coleman (D-NJ), Peter Welch (D-VT), Frederica Wilson (D-FL) and John Yarmuth (D-KY).

In addition to Booker and Harris, co-sponsors of the Justice in Policing Act of 2020 in the Senate are Minority Leader Charles E. Schumer (D-NY), Dianne Feinstein (D-CA), Tammy Baldwin (D-WI), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Sherrod Brown (D-OH), Maria Cantwell (D-WA), Ben Cardin (D-MD), Tom Carper (D-DE), Bob Casey (D-PA), Chris Coons (D-DE), Tammy Duckworth (D-IL), Dick Durbin (D-IL), Kirsten Gillibrand (D-NY), Martin Heinrich (D-NM), Mazie Hirono (D-HI), Tim Kaine (D-VA), Amy Klobuchar (D-MN), Patrick Leahy (D-VT), Edward J. Markey (D-MA), Bob Menendez (D-NJ), Jeff Merkley (D-OR), Chris Murphy (D-CA), Patty Murray (D-WA), Bernie Sanders (I-VT), Brian Schatz (D-HI), Tina Smith (D-MN), Debbie Stabenow (D-MI), Chris Van Hollen (D-MD), Tom Udall (D-NM), Mark Warner (D-VA), Elizabeth Warren (D-MA), and Ron Wyden (D-OR).