S.Amdt. 1678

1. 1

   Change 1: Rewrites section 102

   Replaces

   In S. 3985 · Placed on Calendar Senate

   SEC. 102. [struck: BREONNA TAYLOR NOTIFICATION ACT][inserted: JUSTICE FOR BREONNA TAYLOR].

   (a) Short Title.--This section may be cited as the "[inserted: Justice for ]Breonna Taylor [struck: Notification ]Act[struck: of 2020]".

   Struck: (b) No-knock Warrant Reports.--Section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152), as amended by section 101 of this Act, is amended by adding at the end the following:

   Struck: "(i) No-knock Warrant Reports.--

   Struck: "(1) Definitions.--In this subsection:

   Struck: "(A) Federal law enforcement agency.--The term 'Federal law enforcement agency' means any agency of the United States authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of Federal criminal law.

   Show 44 more struck paragraphsShow less

   Struck: "(B) No-knock warrant.--The term 'no-knock warrant' means a warrant that authorizes a law enforcement officer to enter a certain premises to execute a warrant without first knocking or otherwise announcing the presence of the law enforcement officer if a court of competent jurisdiction finds reasonable suspicion that knocking and announcing the presence of law enforcement would--

   Struck: "(i) pose a danger to the officer, a suspect, or a third party on the premises;

   Struck: "(ii) inhibit the investigation; or

   Struck: "(iii) allow the destruction of evidence.

   Struck: "(C) State law enforcement agency; local law enforcement agency.--The terms 'State law enforcement agency' and 'local law enforcement agency' mean an agency of a State or unit of local government, respectively, that is authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.

   Struck: "(2) Report to attorney general.--

   Struck: "(A) Requirement.--

   Struck: "(i) In general.--Subject to clause (iii), not later than January 31 of the first calendar year beginning after the date of enactment of the Breonna Taylor Notification Act of 2020, and annually thereafter--

   Struck: "(I) a State that receives funds under subsection (a) shall submit to the Attorney General a report that includes, for each no-knock warrant carried out by a State law enforcement agency of the State during the preceding calendar year, the information described in subclauses (I) through (V) of paragraph (3)(A)(i); and

   Struck: "(II) a unit of local government that receives funds under subsection (a) shall submit to the Attorney General a report that includes--

   Struck: "(aa) for each no-knock warrant carried out by a local law enforcement agency of the unit of local government during the preceding calendar year, the information described in subclauses (I) through (V) of paragraph (3)(A)(i); and

   Struck: "(bb) the crime rate data for the unit of local government for the preceding calendar year.

   Struck: "(ii) State oversight of local governments.--A State that receives funds under subsection (a) shall ensure that each unit of local government within the State submits to the Attorney General a report that includes, in accordance with clause (i)(II) of this subparagraph--

   Struck: "(I) for each no-knock warrant carried out by a local law enforcement agency of the unit of local government during the preceding calendar year, the information described in subclauses (I) through (V) of paragraph (3)(A)(i); and

   Struck: "(II) the crime rate data for the unit of local government for the preceding calendar year.

   Struck: "(iii) Open investigations.--A State or unit of local government--

   Struck: "(I) may not submit the information described in subclauses (I) through (V) of paragraph (3)(A)(i) for a no-knock warrant relating to an investigation that has not been closed as of the date on which the applicable report is due under clause (i) of this subparagraph; and

   Struck: "(II) shall include any information withheld under subclause (I) in the earliest subsequent report submitted under clause (i) after the investigation has been closed.

   Struck: "(B) Penalty.--

   Struck: "(i) In general.--

   Struck: "(I) First fiscal year.--

   Struck: "(aa) States.--

   Struck: "(AA) Failure to comply by state.--For the first fiscal year that follows a fiscal year in which a State failed to comply with subparagraph (A) with respect to a State law enforcement agency, the State shall be subject to a 20-percent reduction of the funds that would otherwise be allocated for retention by the State under section 505(c) for that fiscal year.

   Struck: "(BB) Failure to comply by local government.--For the first fiscal year that follows a fiscal year in which a unit of local government within a State failed to comply with subparagraph (A), the State shall be subject to a reduction of the funds that would otherwise be allocated for retention by the State under section 505(c) for that fiscal year by a percentage that is equal to the percentage of the population of the State that lives in the unit of local government, which may not exceed 20 percent.

   Struck: "(bb) Units of local government.--For the first fiscal year that follows a fiscal year in which a unit of local government failed to comply with subparagraph (A), the unit of local government shall be subject to a 20- percent reduction of the funds that would otherwise be allocated to the unit of local government under this subpart for that fiscal year.

   Struck: "(II) Subsequent fiscal years.--

   Struck: "(aa) States.--Beginning in the first fiscal year beginning after the first fiscal year described in subclause (I)(aa)(AA) in which a State fails to comply with subparagraph (A) with respect to a State law enforcement agency, the percentage by which the funds described in subclause (I)(aa)(AA) are reduced shall be increased by 5 percent each fiscal year the State fails to comply with subparagraph (A) with respect to a State law enforcement agency, except that such reduction shall not exceed 25 percent in any fiscal year.

   Struck: "(bb) Local governments.-- Beginning in the first fiscal year beginning after the first fiscal year described in subclause (I)(bb) in which a unit of local government fails to comply with subparagraph (A), the percentage by which the funds described in subclause (I)(bb) are reduced shall be increased by 5 percent each fiscal year the unit of local government fails to comply with subparagraph (A), except that such reduction shall not exceed 25 percent in any fiscal year.

   Struck: "(ii) Reallocation.--Amounts not allocated by reason of clause (i) to a State or unit of local government for failure to comply with subparagraph (A) shall be reallocated to States or units of local government, respectively, that have complied with subparagraph (A).

   Struck: "(iii) Effective date.--Clause (i) shall take effect with respect to the third annual report due under subparagraph (A) after the date of enactment of the Breonna Taylor Notification Act of 2020.

   Struck: "(3) Attorney general report.--

   Struck: "(A) In general.--Subject to subparagraph (B), not later than March 31 of the first calendar year beginning after the date of enactment of the Breonna Taylor Notification Act of 2020, and annually thereafter, the Attorney General shall publish a report that includes--

   Struck: "(i) for each no-knock warrant carried out by a Federal law enforcement agency, State law enforcement agency, or local law enforcement agency during the preceding calendar year--

   Struck: "(I) the reason for which the warrant was issued, including each violation of law listed on the warrant;

   Struck: "(II) whether, in the course of carrying out the warrant--

   Struck: "(aa) force resulting in property damage, serious bodily injury, or death was used; or

   Struck: "(bb) any law enforcement officer, suspect, or bystander was injured or killed;

   Struck: "(III) the sex, race, ethnicity, and age of each person found at the location for which the no-knock warrant was issued;

   Struck: "(IV) whether the location searched matched the location described in the warrant;

   Struck: "(V) whether the warrant included the particularized information required under the Fourth Amendment to the Constitution of the United States, as interpreted by the Supreme Court of the United States, and any other applicable Federal, State, or local law related to the use of no-knock warrants; and

   Struck: "(ii) for each local law enforcement agency for which information is submitted under clause (i) for a calendar year, the crime rate data for the applicable unit of local government for that calendar year.

   Struck: "(B) Open investigations.--The Attorney General--

   Struck: "(i) may not publish any information described in subparagraph (A) for a no-knock warrant relating to an investigation that has not been closed as of the date on which the applicable report is due under that paragraph; and

   Struck: "(ii) shall include any information withheld under clause (i) in the earliest subsequent report published under subparagraph (A) after the investigation has been closed.".

   Inserted: (b) Prohibition on No-knock Warrants.--

   Inserted: (1) Federal prohibition.--Notwithstanding any other provision of law, a Federal law enforcement officer (as defined in section 115 of title 18, United States Code) may not execute a warrant until after the officer provides notice of his or her authority and purpose, except in the case of an imminent risk of death or serious bodily injury.

   Inserted: (2) State and local law enforcement agencies.--Beginning in the first fiscal year beginning after the date of enactment of this Act, and each fiscal year thereafter, a State or local law enforcement agency that receive funds from the Department of Justice during the fiscal year may not execute a warrant that does not require the law enforcement officer serving the warrant to provide notice of his or her authority and purpose before forcibly entering a premises, except in the case of an imminent risk of death or serious bodily injury.

   Original wording

   Strike section 102 and insert the following:

2. 2

   Change 2: Replaces “subsections (h) and (i) of section 501 of title I of the Omnibus Crime Control and Safe S…” at the section 103(a) with “subsection (h) of section 501 of title I of the Omnibus Crime Control and Safe Streets Ac…”

   Replaces

   In S. 3985 · Placed on Calendar Senate

   (a) In General.--Not later than 180 days after the date of enactment of this Act, the Attorney General, in coordination with the Director of the Federal Bureau of Investigation and State and local law enforcement agencies, shall issue guidance on best practices relating to establishing standard data collection systems that capture the information required to be reported under [struck: subsections][inserted: subsection] (h) [struck: and (i) ]of section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152), as added by [struck: sections][inserted: section] 101[struck: and 102 of this Act, respectively, ][inserted: , ]and that ensure the reporting under such [struck: subsections][inserted: subsection] (h) [struck: and (i) ]is consistent with data reported under the Death in Custody Reporting Act of 2013 (34 U.S.C. 60105 et seq.), section 20104(a)(2) of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12104(a)(2)), which shall include standard and consistent definitions for terms, including the term "use of force".

   Original wording

   In section 103(a), by striking “subsections (h) and (i) of section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152), as added by sections 101 and 102 of this Act, respectively, and that ensure the reporting under such subsections (h) and (i)” and inserting “subsection (h) of section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152), as added by section 101, and that ensure the reporting under such subsection (h)”.

3. 3

   Change 3: Strikes “or 102” at the section 103(b)

   Strikes

   In S. 3985 · Placed on Calendar Senate

   (b) Privacy Protections.--Nothing in section 101 [struck: or 102 ]shall be construed to supersede the requirements or limitations under section 552a of title 5, United States Code (commonly known as the "Privacy Act of 1974").

   Original wording

   In section 103(b), by striking “or 102”.

4. 4

   Change 4: Replaces “subsections (h) and (i) of section 501 of title I of the Omnibus Crime Control and Safe S…” at the section 104(a) with “subsection (h) of section 501 of title I of the Omnibus Crime Control and Safe Streets Ac…”

   Replaces

   In S. 3985 · Placed on Calendar Senate

   (a) In General.--The Attorney General may award grants to States and units of local government to assist in the collection of the information required to be reported under [struck: subsections][inserted: subsection] (h) [struck: and (i) ]of section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152), as added by [struck: sections][inserted: section] 101[struck: and 102 of this Act, respectively].

   Original wording

   In section 104(a), by striking “subsections (h) and (i) of section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152), as added by sections 101 and 102 of this Act, respectively” and inserting “subsection (h) of section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152), as added by section 101”.

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As printed