Section 1 Short title
This Act may be cited as the “Closing the Law Enforcement Consent Loophole Act of 2021”.
Closing the Law Enforcement Consent Loophole Act of 2021
A BILL
To amend title 18, United States Code, to prohibit law enforcement officers from engaging in sexual activity with persons in custody, and for other purposes.
Sec. 2 Prohibition on engaging in sexual acts while acting under color of law
In general— Section 2243 of title 18, United States Code, is amended—
in the section heading, by adding at the end the following: “or by any person acting under color of law”;
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;
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 is under arrest, in detention, or otherwise in the actual 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.”
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.”
Definition— Section 2246 of title 18, United States Code, is amended—
in paragraph (5), by striking “and” at the end;
in paragraph (6), by striking the period at the end and inserting “; and”; and
by inserting after paragraph (6) the following:
“(7) the term Federal law enforcement officer has the meaning given the term in section 115.”
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. 3 Enactment of laws penalizing engaging in sexual acts while acting under color of law
In general— Beginning in the first fiscal year that begins after the date that is one year after the date of enactment of this Act, in the case of a State or unit of local government that does not have in effect a law described in subsection (b), if that State or unit of local government that would otherwise receive funds under the COPS grant program, that State or unit of local government shall not be eligible to receive such funds. In the case of a multi-jurisdictional or regional consortium, if any member of that consortium is a State or unit of local government that does not have in effect a law described in subsection (b), if that consortium would otherwise receive funds under the COPS grant program, that consortium shall not be eligible to receive such funds.
Description of law— A law described in this subsection is a law that—
makes it a criminal offense for any person acting under color of law of the State or unit of local government to engage in a sexual act with an individual who is under arrest, in detention, or otherwise in the actual custody of any law enforcement officer; and
prohibits a person charged with an offense described in paragraph (1) from asserting the consent of the other individual as a defense.
Reporting requirement— A State or unit of local government that receives a grant under the COPS grant program shall submit to the Attorney General, on an annual basis, information on—
the number of reports made to law enforcement agencies in that State or unit of local government regarding persons engaging in a sexual act while acting under color of law during the previous year; and
the disposition of each case in which sexual misconduct by a person acting under color of law was reported during the previous year.
Sec. 4 Reports to Congress
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—
the information required to be reported to the Attorney General under section 403(b); and
information on—
the number of reports made, during the previous year, to Federal law enforcement agencies regarding persons engaging in a sexual act while acting under color of law; and
the disposition of each case in which sexual misconduct by a person acting under color of law was reported.
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 402, committed during the 1-year period covered by the report.
Sec. 5 Definition
In this Act, the term sexual act has the meaning given the term in section 2246 of title 18, United States Code.