The George Floyd Justice in Policing Act of 2021 was a policing reform bill drafted by Democrats in the United States Congress. The legislation was introduced in the United States House of Representatives on February 24, 2021. The legislation aims to combat police misconduct, excessive force, and racial bias in policing.
The bill passed the Democratic-controlled House of Representatives on a mostly party-line vote of 220–212, but not the evenly divided but Democratic controlled Senate amid opposition from Republicans. Negotiations between Republican and Democratic senators on a reform bill collapsed in September 2021.
Background
The drafting of the legislation was preceded by a series of protests following the murder of George Floyd in Minnesota and other high-profile killings of African Americans at the hands of mostly white police officers and civilians in 2020, such as the shooting of Breonna Taylor in Kentucky. The proposed legislation contains some provisions that civil rights advocates have long sought, and is named in Floyd's honor.
Provisions
The legislation, described as expansive, would: Grant power to the Justice Department's Civil Rights Division to issue subpoenas to police departments as part of "pattern or practice" investigations into whether there has been a "pattern and practice" of bias or misconduct by the department Provide grants to state attorneys general to "create an independent process to investigate misconduct or excessive use of force" by police forces Establish a federal registry of police misconduct complaints and disciplinary actions Enhance accountability for police officers who commit misconduct, by restricting the application of the qualified immunity doctrine for local and state officers, and by changing the mens rea (intent) element of 18 U.S.C. § 242 (the federal criminal offense of "deprivation of rights under color of law," which has been used to prosecute police for misconduct) from "willfully" to "knowingly or with reckless disregard" Require federal uniformed police officers to have body-worn cameras Require marked federal police vehicles to be equipped with dashboard cameras. Require state and local law enforcement agencies that receive federal funding to "ensure" the use of body-worn and dashboard cameras. Restrict the transfer of military equipment to police (see 1033 program, militarization of police) Require state and local law enforcement agencies that receive federal funding to adopt anti-discrimination policies and training programs, including those targeted at fighting racial profiling Prohibit federal police officers from using chokeholds or other carotid holds (which led to the death of Eric Garner), and require state and local law enforcement agencies that receive federal funding to adopt the same prohibition Prohibit the issuance of no-knock warrants (warrants that allow police to conduct a raid without knocking or announcing themselves) in federal drug investigations, and provide incentives to the states to enact a similar prohibition. Change the threshold for the permissible use of force by federal law enforcement officers from "reasonableness" to only when "necessary to prevent death or serious bodily injury." Mandate that federal officers use deadly force only as a last resort and that de-escalation be attempted, and condition federal funding to state and local law enforcement agencies on the adoption of the same policy.
Legislative history
Drafting and introduction in 2020
In the House of Representatives, the legislation was principally drafted by Representative Karen Bass of California (who chairs the Congressional Black Caucus) and Representative Jerrold Nadler of New York (who chairs the House Judiciary Committee); in the Senate, the legislation has been drafted by Cory Booker of New Jersey and Kamala Harris of California, the Senate's two black Democrats. The legislation was introduced in the House as H.B. 7120 on June 8, 2020, by Bass, with 165 co-sponsors, all Democrats. The bill was referred to the House Judiciary Committee, and additionally to the House Armed Services Committee and House Energy and Commerce Committee, for consideration of provisions falling within those committees' jurisdiction. The legislation was introduced in the Senate on the same day as S. 3912, by Booker, with 35 cosponsors. It was referred to the Senate Judiciary Committee.