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Title X — Closing the Law Enforcement Consent Loophole Act

S. 3985 · 116th Congress · Jun 17, 2020 · Lineage

X Closing the Law Enforcement Consent Loophole Act

Sec. 1001 Prohibition on engaging in sexual acts while acting under color of law

(a)
In general— Section 2243 of title 18, United States Code, is amended—
(1)
in the section heading, by adding at the end the following: “or by any person acting under color of law”;
(2)
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;
(3)
by inserting after subsection (b) the following:

“(c) Of an individual by any person acting under color of law

“(1) In general—Whoever, acting under color of law, knowingly engages in a sexual act with an individual who has been arrested by, is detained by, or is in custody of any Federal law enforcement officer, shall be fined under this title, imprisoned not more than 15 years, or both.

“(2) Definition—In this subsection, the term sexual act has the meaning given the term in section 2246.”

(4)
in subsection (d), as so redesignated, by adding at the end the following:

“(3) In a prosecution under subsection (c), it is not a defense that the other individual consented to the sexual act.”

(b)
Abusive sexual contact— Section 2244(a) of title 18, United States Code, is amended by—
(1)
in paragraph (4), by striking “or” at the end;
(2)
by redesignating paragraph (5) as paragraph (6); and
(3)
by inserting after paragraph (4) the following:

“(5) subsection (c) of section 2243 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than 15 years, or both; or”

(c)
Definition— Section 2246 of title 18, United States Code, is amended—
(1)
in paragraph (5), by striking “and” at the end;
(2)
in paragraph (6), by striking the period at the end and inserting “; and”; and
(3)
by inserting after paragraph (6) the following:

“(7) the term Federal law enforcement officer has the meaning given the term in section 115.”

(d)
Clerical amendment— The table of sections for chapter 109A of title 18, United States Code, is amended by amending the item related to section 2243 to read as follows:

Sec. 1002 Incentive for States

(a)
Authority to make grants— The Attorney General is authorized to make grants to States that have in effect a law that—
(1)
makes it a criminal offense for any person acting under color of law of the State to engage in a sexual act (as defined in section 2246 of title 18, United States Code) with an individual who has been arrested by, is detained by, or is in custody of any law enforcement officer; and
(2)
prohibits a person charged with an offense described in paragraph (1) from asserting the consent of the other individual as a defense.
(b)
Reporting requirement— A State that receives a grant under this section shall submit to the Attorney General, on an annual basis, information on—
(1)
the number of reports made to law enforcement agencies in that State regarding persons engaging in a sexual act (as defined in section 2246 of title 18, United States Code) while acting under color of law during the previous year; and
(2)
the disposition of each case in which sexual misconduct by a person acting under color of law was reported during the previous year.
(c)
Application— A State seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require, including information about the law described in subsection (a).
(d)
Grant amount— The amount of a grant to a State under this section shall be in an amount that is not greater than 10 percent of the average of the total amount of funding of the 3 most recent awards that the State received under the following grant programs:
(1)
Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10441 et seq.) (commonly referred to as the “STOP Violence Against Women Formula Grant Program”).
(2)
Section 41601 of the Violence Against Women Act of 1994 (34 U.S.C. 12511) (commonly referred to as the “Sexual Assault Services Program”).
(e)
Grant term—
(1)
In general— The Attorney General shall provide an increase in the amount provided to a State under the grant programs described in subsection (d) for a 2-year period.
(2)
Renewal— A State that receives a grant under this section may submit an application for a renewal of such grant at such time, in such manner, and containing such information as the Attorney General may reasonably require.
(3)
Limit— A State may not receive a grant under this section for more than 4 years.
(f)
Uses of funds— A State that receives a grant under this section shall use—
(1)
25 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (1) of subsection (d); and
(2)
75 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (2) of subsection (d).
(g)
Direct appropriations— For the purpose of making grants under this section, there is authorized to be appropriated, and there is appropriated, to remain available until expended, out of any money in the Treasury not otherwise appropriated—
(1)
for fiscal year 2021, $5,000,000;
(2)
for fiscal year 2022, $5,000,000;
(3)
for fiscal year 2023, $5,000,000;
(4)
for fiscal year 2024, $5,000,000; and
(5)
for fiscal year 2025, $5,000,000.
(h)
Definition— For purposes of this section, the term State means each of the several States and the District of Columbia, Indian Tribes, and the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands.

Sec. 1003 Reports to Congress

(a)
Report by attorney general— Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall submit to Congress a report containing—
(1)
the information required to be reported to the Attorney General under section 1002(b); and
(2)
information on—
(A)
the number of reports made, during the previous year, to Federal law enforcement agencies regarding persons engaging in a sexual act (as defined in section 2246 of title 18, United States Code) while acting under color of law; and
(B)
the disposition of each case in which sexual misconduct by a person acting under color of law was reported.
(b)
Report by GAO— Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Comptroller General of the United States shall submit to Congress a report on any violations of section 2243(c) of title 18, United States Code, as amended by section 1001, committed during the 1-year period covered by the report.