The far-reaching legislative proposal from
Here’s a side-by-side look at some proposals:
POLICE MISCONDUCT & USE-OF-FORCE DATABASES
Many officers who wind up involved in fatal shootings have a history of misconduct, including
But those records are often not made public, making it difficult to know if officers have such a record.
— Democrats’ bill: Calls for a national registry including complaints, disciplinary records and termination records. It also would require states to report to the
There’s a notable difference. The Democrats’ bill would specifically ban the use of chokeholds and carotid holds at the federal level, while the Republican bill incentivizes police departments to ban the practice through grant funding. Trump’s executive order also encourages such bans through financial incentives.
— Democrats’ bill: Would ban chokeholds and carotid holds and would condition law enforcement funding for state and local law enforcement agencies on establishing a law to prohibit the use of chokeholds and carotid holds.
— Republicans’ bill: Would condition certain
There has been a growing call to ban no-knock warrants since 26-year-old
— Democrats’ bill: Would specifically ban no-knock warrants for all federal drug cases and would require local and state law enforcement agencies to prohibit their use to qualify for some federal funding.
— Republicans’ bill:
FEDERAL CIVIL RIGHTS LAW
— Democrats’ bill: Would amend the federal civil rights law that governs police misconduct to no longer require prosecutors to prove that an officer’s actions were willful, a high burden of proof. The law would allow an officer to be charged for acting with reckless disregard for someone’s life, causing that person’s death.
— Republicans’ bill: Would not amend that section of the law.
Police officers are generally not held personally liable for anything that happens on the job, including when someone dies. The concept of qualified immunity has long been a way to protect police from unnecessary lawsuits and to give them the freedom to police without fear of unnecessary retribution.
— Democrats’ bill: Would amend federal misconduct statutes to make it easier for courts to find officers personally liable for the violation of civil rights. Officers might think twice before abusing their power, but it could make it more difficult to recruit police nationwide. It could also potentially lead to officers being held financially liable.
— Republicans’ bill: They say this is a step too far. As an alternative, the lead senator on the bill,
The president’s executive order instructs the