Proposed Justice in Policing Act of 2020, some proposals on arrest and frisk, qualified immunity, use of force, and no-knock warrants

Proposed Justice in Policing Act of 2020 in the House of Representatives: some proposals on arrest and frisk, qualified immunity, use of force, and searches:

In § 103, repeals case law on qualified immunity in revised § 1983 (pdf at 6:14-7:9)

In § 341, requires the Attorney General to issue regulations on data collection of racial disparity in arrests, frisks, and searches (pdf 58:21 ff)

In § 362, bans no-knock warrants in federal drug cases and denies federal funds to state and local governments without such a policy (pdf at 66:1-66:22):

SEC. 362. BAN ON NO-KNOCK WARRANTS IN DRUG CASES.
(a) BAN ON FEDERAL WARRANTS IN DRUG CASES.— Section 509 of the Controlled Substances Act (21 U.S.C. 879) is amended by adding at the end the following: “A search warrant authorized under this section shall require that a law enforcement officer execute the search warrant only after providing notice of his or her authority and purpose.”.
(b) DEFINITION.—In this section, the term “no-knock warrant” means a warrant that allows a law enforcement officer to enter a property without requiring the law enforcement officer to announce the presence of the law enforcement officer or the intention of the law enforcement officer to enter the property.
(c) LIMITATION ON ELIGIBILITY FOR FUNDS.—Beginning in the first fiscal year beginning after the date of enactment of this Act, a State or local jurisdiction may not receive funds under the COPS grant program for a fiscal year if, on the day before the first day of the fiscal year, the State or other jurisdiction does not have in effect a law that prohibits the issuance of a no-knock warrant in a drug case.

In § 363, incentivizes banning of chokeholds and carotid holds (pdf at 66:23 ff) and makes a chokehold a federal criminal civil rights violation (18 U.S.C. § 241) in § 363(e)(2). (pdf 67:14-68:2)

In § 372, it requires federal officers who make arrests or searches wear body camera and activate them. (pdf at 95:22 ff)

From House Judiciary:

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

A fact sheet on the Justice in Policing Act of 2020 is available here.

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