NAPO opposes bill forcing de-escalation practices
NAPO opposes the Preventing Tragedies Between Police and Communities Act of 2016( H. R. 5221), introduced by Representative Gwen Moore( D-WI), that would require law enforcement officers to undergo training on de-escalation techniques and then use those techniques to assist in reducing the need for them to use force. If agencies do not comply with providing such training they will be at risk of losing vital Byrne Justice Assistance Grant( JAG) funding.
NAPO takes serious issue with the underlining assumption of this legislation that the current legal standard of“ objective reasonableness” for the use of force outlined in the 1989 U. S. Supreme Court decision Graham v. Connor is not sufficient to guide officers’ decisions. The Supreme Court has repeatedly said that the most important factor to consider in applying force is the threat faced by the officer or others at the scene. The use of force has to be reasonable given what the officer perceived to be the threat at the time, not the public’ s perspective after the fact.
Additionally, NAPO has concerns with several of the specific de-escalation training requirements in the bill because they are more likely to result in increased officer injuries and death. This bill also could negatively impact the availability of resources for officers to use to keep our communities safe by tying the ability of state and local governments to be awarded much-needed grants to the implementation of these unrealistic and often dangerous training requirements.
In addition to the Preventing Tragedies Between Police and Communities Act of 2016, NAPO is also aware of a police reform proposal that House Judiciary Committee Chairman Bob Goodlatte( R-VA) and Ranking Member John Conyers( D-MI) are currently working on that could be introduced and taken up in Committee when Congress returns from its summer recess in September. The proposed bill could include provisions around law enforcement agency accreditation, a study of state and local administrative due process policies for officers, police data collection and officer body-worn cameras. NAPO is working with Committee staff to learn more about the proposal and what it aims to accomplish.
ment officers who are engaged in the recovery of a missing child or the subsequent investigation and prosecution of the alleged abductor.
Senate passes Justice for All Reauthorization Act and Rapid DNA Act
The Senate passed these two NAPO-endorsed bills – the Justice for All Reauthorization Act( JFAA) of 2016( S. 2577) and the Rapid DNA Act( S. 2348) – by unanimous consent on June 16. The JFAA reauthorizes the bipartisan Justice for All Act of 2004, which increased resources devoted to DNA and other forensic technology, established safeguards to prevent wrongful convictions and enhanced protections for crime victims. The bill also improves services for crime victims and provides support to state and local governments to use DNA evidence to convict guilty offenders and exonerate the innocent.
The Rapid DNA Act would give law enforcement agencies greater ability to use technology to process DNA evidence in the field. Science and technology has allowed state and local law enforcement to use DNA evidence to convict guilty offenders and exonerate the innocent. This bill would ensure that law enforcement agencies that use rapid DNA technology can access the FBI’ s Combined DNA Index System( CODIS) in the field, rather than having to go through an accredited crime lab. d
Congress passes Recovering Missing Children Act
In a victory for NAPO, on June 16, Congress passed the Recovering Missing Children Act, which amends current law to add the case of a missing child to the list of exceptions that allow the IRS to release tax return information to law enforcement, giving investigators a vital tool to aid in the swift recovery of missing children.
According to findings from the Treasury Inspector General for Tax Administration, new addresses for missing children can be identified as often as 46 percent of the time through analysis of taxes subsequently filed using either the suspected perpetrator’ s or the missing child’ s social security number. Unfortunately, despite the value that this evidence would have in combating child abductions, the IRS is currently constrained from providing the relevant tax information to law enforcement.
The Recovering Missing Children Act solves this problem. Given the sensitivity of taxpayer data, the bill limits the disclosure of relevant tax information solely to those law enforcewww. njcopsmagazine. com ■ AUGUST 2016 27