Under Color of Law Accountability Act

Part I of title 18, United States Code, is amended by inserting after section 1623 the following:

It shall be unlawful for any person to, acting under color of law, cause bodily injury to another by intentionally using force against another if the person—

(A) knows that the force is excessive; or

(B) consciously disregards a substantial risk that the force is excessive.

Any person who violates paragraph (1) shall—

(A) be fined under this title, be imprisoned for not more than 10 years, or both; or

(B) in the case of an offense that involves kidnapping, attempted kidnapping, or an attempt to kill or that results in death, be fined under this title, imprisoned for not more than 30 years, or both.

Any person who conspires to commit a violation of paragraph (1) shall be subject to the same penalties as those prescribed for the offense, as if such offense were completed.

Any person, acting under color of law, who solicits, counsels, commands, directs, or induces another person to commit a violation of paragraph (1), with the intent that the violation be committed, shall be subject to the same penalties as those prescribed for the offense, as if such offense were completed by the person.

In a prosecution for an offense under subparagraph (A), the Federal Government need not prove that any person actually committed or attempted to commit the solicited violation of paragraph (1).

It shall be unlawful for any person, acting under color of law, to attempt to cause death or bodily injury through the discharge of a firearm, if the person knows that such an act would constitute excessive force if death or injury were to result.

Any person who violates paragraph (1) shall be fined under this title, imprisoned for not more than 10 years, or both.

Any person who, acting under color of law, and having the duty, opportunity, and ability to intervene, deliberately chooses not to take reasonable steps to stop or prevent a use of excessive force, knowing that the force is excessive, shall be subject to the same penalties as those prescribed for the offense, as if such offense were completed by the person.

Paragraph (1) shall not apply to any person who takes reasonable steps to stop or prevent the use of excessive force, regardless of whether the steps were successful.

It shall be unlawful for any person, acting under color of law, to—

(1) knowingly convert to their personal use, or to the personal use of another, any sum of money, personal property valued at more than $25.00, or any controlled substance or contraband obtained—

(A) from any person—

(i) in their custody or control;

(ii) in the control or custody of another person acting under color of law;

(iii) in the control or custody of a prison or other correctional or detention facility whether run by a government agency or private entity;

(iv) in the custody or control of a law enforcement agency; or

(v) in the control or custody of an institution; or

(B) from any home, vehicle, or other property searched—

(i) pursuant to warrant or other legal process; or

(ii) when access to such property is granted because an officer or government actor shows a badge, identifies himself or herself as a law enforcement or government official, or there is otherwise a similar display of law enforcement or other governmental authority, including when an officer misuses their official authority to obtain consent to search the property or otherwise gain entry to the property; or

(2) knowingly take any sum of money, personal property valued at more than $25.00, or any controlled substance or contraband, with the intent to convert the money, property, contraband, or controlled substance to their own personal use or to the personal use of another, knowing that the person has no legal right to such money, property, contraband, or controlled substance.

Any person who violates subsection (a) shall—

(1) in the case of an offense involving money or property the value of which is more than $1,000, be fined under this title, imprisoned for not more than 10 years, or both;

(2) in the case of an offense involving money or property the value of which is more than $500, be fined under this title, imprisoned for not more than 5 years, or both; or

(3) be fined under this title, imprisoned for not more than 5 years, or both.

Subsection (a) shall not apply to the taking of money, property, controlled substances, or contraband for legitimate law enforcement or governmental purposes, such as for use as evidence in a trial or for confiscation as proceeds of illegal activity.

For purposes of this section, an individual shall be considered to be in the custody or control of a law enforcement officer or other person acting under color of law if that individual is the subject of a seizure, as that term is used in the Fourth Amendment to the Constitution of the United States, even if that seizure is only temporary.

It shall be unlawful for any person, acting under color of law, to knowingly, and with the intent to cover up or conceal a possible violation of any color-of-law offense in this chapter or chapter 13, including under section 242, 1641, 1642, or 1643, or acting with the intent to cover up or conceal an act or omission that constitutes or could constitute a violation of any right secured or protected by the Constitution of the United States or Federal law, or acting with intent to prevent the recording or preservation of evidence of a violation of a color-of-law offense or violation of a constitutional or Federal right—

(1) destroy, mutilate, corrupt, alter, conceal, falsify, or otherwise render unavailable any recording device, including a camera, video recording device, audio recording device, tablet, computer, cellular telephone, or cellular telephone application, whether owned by a private person, or owned or operated by a law enforcement organization, or to take such action with respect to a picture, image, data, or video or audio recordings made by, or captured upon, such a device;

(2) use physical force or the threat of physical force to interfere with a person who, without interfering in law enforcement activity or breaking any law, records law enforcement activity—

(A) in a public setting; or

(B) in a home, vehicle, business, or similar premises when the recording is made by the owner or legal occupant of such premises or with the express or implied permission of an owner or legal occupant present on the premises;

(3) use arrest, the threat of arrest, or other abuse of the law or legal process to interfere with a person who, without interfering in law enforcement activity or breaking any law, records law enforcement activity—

(A) in a public setting; or

(B) in a home, vehicle, business, or similar premises when the recording is made by the owner or legal occupant of such premises or with the express or implied permission of an owner or legal occupant present on the premises;

(4) use physical force, the threat of physical force, intimidation, harassment, misleading conduct, or corrupt persuasion to cause another to destroy, mutilate, corrupt, alter, conceal, falsify, or otherwise render unavailable any recording of law enforcement activity;

(5) use physical force, the threat of physical force, intimidation, harassment, misleading conduct, or corrupt persuasion to prevent or persuade another to provide false information about the existence or content of such a recording during or in relation to an official investigation or inquiry into a matter or in anticipation that such an official investigation will be initiated or continued; or

(6) destroy, mutilate, corrupt, alter, conceal, falsify, or otherwise render unavailable any tangible object that may serve as evidence of a violation of a color-of-law offense or violation of a constitutional or Federal right.

Any person who violates subsection (a) shall—

(1) be fined under this title, imprisoned for not more than 20 years, or both; or

(2) if death results, be fined under this title, imprisoned for not more than 30 years, or both.

Nothing in this section shall be construed to—

(1) prohibit a law enforcement officer from forbidding, discouraging, or preventing recording of sensitive law enforcement activities, such as—

(A) internal briefings;

(B) undercover activities;

(C) classified or sensitive subject matters;

(D) interviews with victims, witnesses, informants, and cooperating defendants; or

(E) internal personnel discussions;

(2) prohibit a law enforcement officer from precluding a third party from entering a private home or other premises during a search or arrest or other investigatory activity; or

(3) prohibit a law enforcement officer from enforcing reasonable regulations on recording conduct in public settings, if such regulations are imposed and enforced for the safety of any person and in accordance with the First Amendment to the Constitution of the United States.

In a prosecution for an offense under subsection (a), the Government need not prove—

(1) that the person was aware that the matter the person intended to obstruct involved a violation of any particular Federal law or constitutional right; or

(2) that the person had knowledge that any pending or anticipated official investigation is Federal in nature.

For purposes of this section, an official investigation shall include a Federal criminal investigation, a Federal civil investigation, such as a pattern or practice investigation and a State criminal or administrative investigation.

An indictment or information alleging that an offense under section 1641, 1642, or 1642 resulted in death may be found or instituted at any time without limitation.

Except as provided in subsection (a), no person shall be prosecuted, tried, or punished for any offense under section 1641, 1642, or 1643 unless the indictment for such offense is found, or the information for such offense is instituted, not later than 7 years after the date on which the offense was completed.

In this chapter:

The term bodily injury —

(A) has the meaning given the term in section 1365(h); and

(B) does not include solely emotional or psychological harm.

The term controlled substance has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802).

The term excessive force —

(i) means—

(I) in the case of force used against a person incarcerated based upon a criminal conviction, force that is both unnecessary and wanton; and

(II) in any other case, force that is objectively unreasonable force; and

(ii) includes deadly force if the use of deadly force was objectively unreasonable under all the facts and circumstances.

For purposes of subparagraph (A)(i)(I), wanton use of force shall include—

(i) non-de-minimis force intentionally inflicted in the absence of a legitimate penological purpose; and

(ii) force used with the intent to inflict harm, injury, pain, or suffering beyond that which would result from a good faith effort to maintain discipline, restore order, or to achieve any other legitimate penological purpose.

For purposes of subparagraph (A), the term objectively unreasonable force means force that, upon consideration of all the facts and circumstances from the point of view of a reasonable officer or government actor on the scene, exceeds the amount of force necessary to accomplish a legitimate law enforcement or governmental objective.

For purpose of subparagraph (A)(i)(II), the use of deadly force shall be considered reasonable if, from the point of view of a reasonable officer or government actor on the scene, such force is—

(i) reasonably necessary to prevent an imminent threat of death or serious bodily injury to the person using the force or to any other person; or

(ii) reasonably necessary to prevent the escape of a suspect or person in custody if a reasonable officer or government actor on the scene would have probable cause to believe that the escapee would, if not immediately apprehended, pose a serious threat of physical harm to the officer or to others and when escape cannot reasonably be prevented by the use of less lethal force or other means.

The term under the color of law includes actions taken under the color of any Federal, State, Tribal, territorial, commonwealth, possession, or district law, which includes any statute, ordinance, regulation, or custom thereof.

The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 79 the following: