HR 112214: Tamir Rice National Anti-Racial Profiling Law
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Okay since the Obama Administration is sadly over, new officials will be called on to get this going. Once again this is my effort to pass an anti-racial profiling law that could make a huge difference in the way policing is done and bridge the gap between what law enforcement officers say they are on paper, and what they actually do while on duty.
American Police and Law Enforcement Officers have two primary jobs; Public Safety and Fighting Crime. A rush of events over the past 8 years show strong and obvious evidence of too many officers instantly legislating their own personal or group fear and/or bias.
This anti-racial profiling law is named after the young boy hastily shot and killed by an officer in Cleveland OH before he completely exited his car (a video shows the shot occurred two seconds after the squad car arrived). The youth-Tamir Rice-only possessed a toy gun. The House Resolution number references the day he was shot; 11/22/14.
This law will go deeper than just mere profiling, it covers prohibition of depraved indifference behaviors in the immediate aftermath of the shooting, beating or choking. Profiling in this instance doesn’t just cover pulling over a motorist based solely on his race or skin color, but confronting citizens in their homes, in any building, establishment, school, place of work or on the streets or sidewalks etc., based upon an individual's actual or apparent racial or ethnic status without reasonable INDIVIDUALIZED suspicion or cause to lawfully justify such conduct.
To make it clear what is meant by law enforcement, as with other general proposals of this type, this means an agency established by the state or local government which employs police officers or peace officers who are empowered to and in the course of their official duties lawfully stop motors vehicles or stop and frisk individuals.
“Law enforcement officer” means a police officer, sheriff or sheriff deputy, state trooper, highway patrol officer, I.C.E. (U.S. Immigration and Customs Enforcement) i.e. peace officer employed by a law enforcement agency.
-Every law enforcement agency and every law enforcement officer shall be prohibited from engaging in racial or ethnic profiling effective the date HR112214 goes into law. After HR112214 every law enforcement agency shall promulgate and adopt a written policy based on five (5) points which prohibits racial or ethnic profiling. Each of these law enforcement agencies shall promulgate and adopt procedure for the review and taking of corrective action with respect of the complaints by individuals who allege they have been the subject of racial or ethnic profiling. This corrective action includes the penalty of one point against an officer or officers each if it is proven they have engaged in racial or ethnic profiling activity, and two points if the profiling led to an officer or officers having initiated or participated in verbal abuse (racial or ethnic slurs, false accusations), three (3) points if their profiling leads to physical abuse, automatic dismissal and mandatory prosecution if it leads to death. Any of a combination of these points amount to a total of 5 will lead to automatic immediate dismissal. Proven complaints and/or video recorded footage can weigh heavily in the decision making even in states where law enforcement have legislation or are attempting to outlaw citizens recording these public servants.
No police union, judge, district attorney, state attorney or prosecutor will have the power to reverse these penalties. This bill is a national federal measure. Points accumulated by said officer(s) in question will be recorded on a national database and will follow him in any city or state he may consider moving to in hopes of being hired by an out-of-town agency.
HR 112214 makes it illegal for all members of law enforcement to do any of the following.
-It is illegal for any law enforcement officer to shoot a child or adult simply out of a bloated or exaggerated fear that if he or she doesn’t shoot they will get shot themselves (If candidates for the job of law enforcement officer really undergo a psychological examination before they are issued a uniform, badge and weapon, one wonders how they were even hired while harboring such weak and fearful characteristics).
-It is illegal for any officer of the law to legislate his own fear, or paranoia, or hate, by shooting anyone based on a false assumption the the “suspect” is a threat. Especially given that most Caucasian suspects do not garner similar treatment by law enforcement officers regardless of whether they pose an actual threat or not.
-It is illegal to shoot an armed suspect or citizen or a citizen licensed to carry a weapon if they have not indicated their intent to use it on you, or if they verbally state they have a pistol permit etc. just as a matter of fact, solely for the purpose of making sure they don't shoot you.
-It is illegal for any law enforcement officer to initiate, perform or continue a chokehold or strangle anyone.
-It is against the law for any member of American law enforcement to obstruct or interfere or stop any ambulance or EMT or firefighter while they have a victim to tend to (amazingly enough these incidents have happened). Just because the person they are trying to get to is considered a “suspect” by them makes no difference especially since there has been no trial where the person has been found guilty of any crime. Any officer violating this faces immediate dismissal.
When an officer strongly feels compelled to pull a vehicle over there are several things that must be adhered to before and during the time he encounters an individual(s) within:
-Commencing after HR112214 and succeeding the effective date of this section, each law enforcement agency shall, using a form record and retain the following information with respect to law enforcement officials employed by such agency:
- The number of persons stopped for traffic violations and the number of persons patted down, frisked and searched;
- The characteristics of race, color, ethnicity, gender and age of each such person, provided the identification of such characteristics shall be based on the observation and perception of the officer responsible for reporting the stop and the information shall not be required to be provided by the person stopped;
- If a vehicle was stopped, the number of individuals in the stopped motor vehicle.
- Whether immigration status was questioned, immigration documents requested, and if any further inquiry was made to the Immigration and Naturalization Service with respect to any person stopped or in the motor vehicle;
- The nature of the alleged traffic violation that resulted in the stop or the basis for the conduct that resulted in the individual being stopped and frisked and searched;
- Whether a search was conducted and, if so, the result of the search;
- If a search was conducted, whether the search was of a person or the person’s property, and whether the search was conducted pursuant to alleged criminal behavior that justified the search;
- Whether a warning or citation was issued;
- Whether an arrest was made and for what charge;
- The approximate duration of the stop; and
- The time and location of the stop.
-If a person/motorist is being pulled over by police but is in fear for his life, should be given the option to put their blinkers on and travel to the nearest well lit and populated area before pulling over.
-Each law enforcement officer will submit to quarterly (every 4 months) drug testing. Testing positive for illegal narcotics will result in immediate suspension without pay for 30 days. A 2nd violation will result in immediate dismissal.
-Under HR 112214 law enforcement officers will NOT be allowed to investigate themselves. Independent prosecutors should oversee indictment process
-Psychological evaluations after each shooting and beating incident will be mandatory and immediate.
-It will be mandatory for them to carry insurance and bonds. If officers were required to carry insurance and bonds in order to work, they would be careful not to keep having their insurance sued after these shootings for fear of losing it.
-After HR112214 it will be illegal for any officers to get promotions based on the number of arrests as opposed to the quality and credibility of the arrest. Blanket orders like "just get some arrests," or "just get them in the system," or "make sure you just arrest blacks" or any other target group. Any Supervisor or Lieutenant, Sargent or Captain etc., proven to be giving such orders will face mandatory demotion the first time, and automatic termination from the precinct the next time.
This will be part of what will be known as Cariol's Law- The following part has to do with inter-departmental disputes:
No officer of the law should have to endure ostracization as a revenge measure for stopping a fellow officer(s) from beating, shooting, or violating the rights of a citizen or suspect as this amounts to bullying.
No officer of the law should have to endure ostracization as a revenge measure for whistleblowing any wrongdoing or ongoing corruption by a fellow officer(s) as this amounts to bullying.
Violation of this amounts to the full five (5) points because giving an officer a 2nd chance will only mean they will find someone else to carry on the targeting.
These penalties affect not only the individual officer(s), departments would lose matching federal funds so many of them receive if poorly-trained officers continue this behavior.
Withholding the identity of an officer or officers of the law after a questionable shooting, beating, choking or abusive incident will be illegal after 112214 goes into law. Violating precincts of departments will lose matching federal funds.
Withholding complaints about an officer violating rights of civilians or even fellow officers will fall under the same penalty as the department that withheld the identities of officers after said officer was involved in an abusive incident, even if the complaint was founded or unfounded to be true.
Law Enforcement Officers are Public Servants whether he or she chooses to view themselves as such or not. Because the work they perform is directly off of tax dollars provided by taxpayers, then there should be no withholding of the identity of poorly-performing or abusive officers.
the Dave Brown Model. There are platoons of poorly-trained officers in various cities and towns where they may not have been questionable deadly incidents, but are incidents waiting to happen. Training based on this program can save lives ahead of time:
- Reality-based training and increased training hours.
- Community engaged officers.
- Officers using less force, don’t approach a suspect immediately, don’t have multiple officers shoot a suspect at once as if they are shooting Godzilla or King Kong (a white cop staple).
- Mandatory Body microphones and dashcams.
- Firing problematic officers.
- Stop making Investigative stops
More on mics and cams; HR 112214 also includes a nationwide policy of body cameras as part of the uniform, as necessary, as any other piece of equipment. If an officer can wear a nightstick, flashlight, taser, and weapon, he/she can keep an attached (and turned on) lightweight body cam.
There are Positive reward points amounting to five also:
Law enforcement agencies would make it easier on themselves by recruiting officers who either live in the communities they serve or those who are willing to participate in 'community policing' as a way to secure five positive points that go toward benefits like pay raises, promotions, other incentives.
Inexperienced or new officers who were raised outside the city they patrol in and have little or no knowledge of other cultures or people outside their own culture, will be forced to engage in 200 hours of positive events or experiences before being thrown in from "bright academy to dark alley." This also cuts down on too much harmful time a rookie is forced to listen to the wrong kind of veteran cops like Lt. Us vs Them, or Captain Coverup, or Sgt. Swears by Talk-Radio.
Officers who accumulate and consistently maintain a grade of 5 points show themselves to be an asset to the community they serve in and make it easier for themselves to earn promotions without corruption, raises without arrest incentives put their department in line to get funding.
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