이 글을 한글로 읽기
In light of the murder of George Floyd and the sobering reckoning on the racial inequity and injustice that has followed since, the U.S. Congress has shifted its gears to focus onto legislative reforms on law enforcement.
The Democrats have introduced the George Floyd Justice in Policing Act of 2020 (H.R. 7120) on June 8th, spearheaded by Rep. Karen Bass (D, CA-37), chair of the Congressional Black Caucus. On June 17th, the Republicans have introduced their version of a police reform bill JUSTICE Act (S. 3985), led by Senator Tim Scott (R-SC), one of the three Black Senators and the lone Black Republican in the chamber.
Both bills have the full backing of each party and have already become one of the sharpest battles of the current Congress between the parties across the chambers, surpassing in priority any pandemic-relief efforts and budget bills.
Overview: George Floyd Justice in Policing Act (H.R. 7120 & S. 3912)
- In the House, the bill was introduced by Rep. Karen Bass (D, CA-37), chair of Congressional Black Caucus and Rep. Jerrold Nadler (D, NY-10), chair of House Judiciary Committee on June 8th, 2020.
- In the Senate, the companion bill was introduced by Senator Booker (D-NJ) and Senator Harris (D-CA) on the same day.
- At the time of introduction, the House bill had 164 co-sponsors (all Democrats), and the Senate bill 33 co-sponsors (32 Democrats and 1 Independent).
- The bill passed the House Judiciary Committee mark-up on June 18th.
- On June 25th, the bill passed the House with 236 Yeas and 181 Nays.
- The bill was developed by the Congressional Black Caucus, after Speaker Pelosi tasked the caucus to take the lead on this effort. Much of the bill’s language is based on previous policing reform efforts by House Democrats, such as the Eric Garner Excessive Use of Force Prevention Act of 2019, introduced by House Democratic Caucus Chair Hakeem Jeffries (D, NY-8) which seeks to ban the use of any maneuver that reduces intake of air.
Pointers provided by House Democratic Caucus
Overview: JUSTICE Act (H.R. 7278 & S. 3985)
- In the Senate, the bill was introduced by Senator Tim Scott (R-SC) on June 17th.
- In the House, the bill was introduced by Rep. Pete Stauber (R, MN-8) on the same day.
- At the time of introduction, the House bill had 122 co-sponsors (all Republicans), and the Senate bill 46 co-sponsors (all Republicans).
- The bill was considered for Floor debate on June 22nd; however, it was denied on June 24th with 55 votes.
- The bill was developed by Senator Tim Scott, who was tasked by Majority Leader Mitch McConnell and has in the past advised President Trump on issues related to racial relations, including his response to the Charlottesville incidents in 2017.
- On June 16th, the day before the introduction of the JUSTICE Act, President Trump issued an Executive Order on Safe Policing for Safe Communities.
Pointers provided by Senator Tim Scott
Comparison: Points of Agreement
So far, both bills have some overlapping provisions which both parties agree on:
- Banning chokehold-like maneuver
- Expanded use of body-worn cameras
- Increasing accountability and tracking activities by law enforcement through reports on use of force
- De-escalation training
- Increased education and increased hiring of African Americans by law enforcement
- Studying and sharing best practices
- Classifying lynching as a federal hate crime
Comparison: Points of Contention
- The George Floyd Justice in Policing Act seeks to ban any maneuver that would restrict the air intake, as well as blood flow. The JUSTICE Act only mentions “air intake” regarding chokehold-like maneuver in police interaction.
- The Democrats’ version mandates the use of body-worn cameras, whereas the GOP incentivizes the use of body-worn cameras by offering increased federal grants to state and local police departments.
- The Democrats seeks to ban no-knock warrants, whereas the GOP seeks to discourage it through reporting.
- The Democrats’ version also calls for the repeal of qualified immunity of police officers, whereas the Republican version does not.
- In addition to best practice and other national database, the Democrats argue for the National Police Misconduct Registry to prevent anyone fired for misconduct from returning to the line of duty in another jurisdiction. The GOP version has no mention of this.
Key Words: No-knock Warrants
Breonna Taylor was fatally shot in her home by the police officers who entered her residence with a “no-knock warrant,” which allows law enforcement officers to enter a home unannounced.
As a result, many advocates call for a ban on “no-knock warrants” and over the past few weeks, several municipalities have made the change, including the City of Louisville whose city council unanimously passed the city-wide “Breonna’s Law” that requires police and corrections officers to wear body cameras while serving warrants and bans “no-knock warrants” on June 12th.
Senator Rand Paul (R-KY) also introduced the Justice for Breonna Taylor Act on June 11th, which would require federal law enforcement officers to give notice of their authority and purpose before entering a home. The requirement would also apply to state and local law enforcement agencies that receive money from the Department of Justice.
Key Words: Anti-Lynching Bill
In 2018, Senators Harris (D-CA), Booker (D-NJ), and Tim Scott (R-SC) introduced the Justice for Victims of Lynching Act which passed the Senate by unanimous consent. It was the first time the Senate passed a federal anti-lynching bill and the first time the Senate had more than two African American members. However, the bill failed to pass the House.
On the first day of the 116th Congress, the Emmett Till Antilynching Act (H.R. 35) was introduced and passed the House on February 26th, 2020 with overwhelming support of 410 Yeas and 4 Nays. The bill was introduced by Rep. Bobby Rush (D, IL-1), a former Black Panther.
When the bill was put to a vote on the Senate Floor on June 4th, the National Day of Mourning to commemorate George Floyd’s funeral, it failed to pass because of Senator Rand Paul’s objection on the grounds of federalism and legal redundancy. Although Senator Booker defended that Rand Paul is not racist and has worked with him to develop and pass several bills for criminal justice reform, both Senator Booker and Senator Harris delivered impassioned speeches on the Floor.
Because of one Senator’s objection (by way of asking for a vote on his own amendment), the bill has been stalled. With the introduction of JUSTICE Act, it appears that the federal anti-lynching bill would now pass as a provision of a law enforcement reform bill to be negotiated by both parties. From 1882 to 1986, Congress failed to pass anti-lynching legislation 200 times.