,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gchd ,,in ,,the ,,house ,,of ,,representatives ,june #bf1 #bjbj,mr4 ,chabot introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to reform policing1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,safer ,communities ,act4 #b4 ,law enforcement records retention 7a7 ,in general ,part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea et seq47 is amended by adding at the end the following3 #d ,law enforcement records retention #eca4 ,law enforcement records retention 7a7 ,definitions ,in this section-- 7#a7 the term applicable covered system1 with respect to a law enforcement agency1 means the covered system of the covered government of which the law enforcement agency is part2 7#b7 the term covered government means a ,state or unit of local government2 7#c7 the term covered system means a system maintained by a covered government under subsection 7b72 and 7#d7 the term disciplinary record-- 7,a7 means any written document regarding an allegation of misconduct by a law enforcement officer that-- 7i7 is substantiated and is adjudicated by a government agency or court2 and 7ii7 results in-- 7,i7 adverse action by the employing law enforcement agency2 or 7,,ii7 criminal charges2 and 7,b7 does not include a written document regarding an allegation described in subparagraph 7,a7 if the adjudication described in clause 7i7 of that subparagraph has been overturned on appeal4 7b7 ,records retention requirements 7#a7 ,records retention system ,a covered government that receives funds under this part shall maintain a system for sharing disciplinary records of law enforcement officers that meets the requirements under paragraph 7#b74 7#b7 ,requirements ,in administering a covered system1 a covered government shall-- 7,a7 retain each disciplinary record or internal investigation record regarding a law enforcement officer that is prepared by a law enforcement agency of the covered government2 7,b7 retain a record of each award or commendation regarding a law enforcement officer that is prepared by a law enforcement agency of the covered government2 7,c7 establish a policy that ensures that each record included in the covered system is retained and accessible for not less than #cj years2 7,d7 allow a law enforcement officer1 counsel for a law enforcement officer1 or the representative organization of a law enforcement officer to-- 7i7 submit information to the covered system relating to a disciplinary record or internal investigation record regarding the law enforcement officer that is retained under subparagraph 7,a72 or 7ii7 obtain access to the covered system in order to review a disciplinary record or internal investigation record described in clause 7i72 7,e7 allow any ,federal1 ,state1 or local law enforcement agency to access any record included in the covered system for the purpose of making a decision to hire a law enforcement officer2 7,f7 require that1 before hiring a law enforcement officer1 a representative of a law enforcement agency of the covered government with hiring authority-- 7i7 search the applicable covered system of each law enforcement agency that has employed the applicant as a law enforcement officer in order to determine whether the applicant has a disciplinary record1 internal investigation record1 or record of an award or commendation on file2 and 7ii7 if a record described in clause 7i7 exists1 review the record in full before hiring the law enforcement officer2 and 7,g7 prohibit access to the covered system by any individual other than an individual who is authorized to access the covered system for purposes of-- 7i7 submitting records or other information to the covered system as described in subparagraphs 7,a71 7,b71 and 7,d72 or 7ii7 reviewing records or other information in the covered system as described in subparagraphs 7,e7 and 7,f74 7c7 ,ineligibility for funds 7#a7 ,in general ,a covered government may not receive funds under section #eje1 #ejf1 #eae1 or #eaf unless the covered government is in compliance with subsection 7b7 of this section4 7#b7 ,reallocation ,amounts not allocated under a section referred to in paragraph 7#a7 to a covered government for failure to comply with subsection 7b7 shall be reallocated under that section to covered governments that have complied with subsection 7b74 7d7 ,one-,time grant 7#a7 ,in general ,the ,attorney ,general shall award a grant to each ,state1 using an apportionment formula that reflects the differences between each ,state1 to be used by the ,state and units of local government within the ,state to establish covered systems4 7#b7 ,amount ,the amount of a grant awarded to a ,state under paragraph 7#a7 shall be not less than #a1jjj1jjj4 7#c7 ,direct appropriations ,for the purpose of making grants under this subsection1 there is authorized to be appropriated1 and there is appropriated1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until expended4 7e7 ,indemnification 7#a7 ,in general ,the ,united ,states shall indemnify and hold harmless a covered government1 and any law enforcement agency thereof1 against any claim 7including reasonable expenses of litigation or settlement7 by any person or entity related to-- 7,a7 the retention of records in a covered system as required under subsection 7b72 or 7,b7 the review of records included in a covered system as required under subsection 7b74 7#b7 ,limitation ,paragraph 7#a7 shall not apply to the release of a record-- 7,a7 to a non-law enforcement entity or individual2 or 7,b7 for a purpose other than making a decision to hire a law enforcement officer4 4 7b7 ,effective date ,section #eca7;c7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,acts of #aifh1 as added by subsection 7a71 shall take effect on ,october #a of the first fiscal year beginning after the date of enactment of this ,act4 #c4 ,david ,dorn ,former ,public ,safety ,officers' ,benefits ,section #abje of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbhe7 is amended by adding at the end the following new subsection3 7o7 7#a7 ,for the purposes of a benefit under subsection 7a71 an eligible retired public safety officer is deemed to be a public safety officer who has died as the direct and proximate result of a personal injury sustained in the line of duty4 7#b7 ,in this section-- 7,a7 the term eligible retired public safety officer is an individual who-- 7i7 has separated from law enforcement service with a public agency in good standing and without record of any complaint resulting in disciplinary action2 7ii7 was engaged in a public or private security employment obligation at the time such individual was killed2 and 7iii7 whose death was not caused by an immediate relative of such individual2 and 7,b7 the term immediate relative means a spouse1 father1 mother1 guardian1 brother1 sister1 son1 daughter1 father-in-law1 mother-in-law1 brother-in-law1 sister-in-law1 son-in-law1 daughter-in-law1 or any other individual who could make a claim under this section4 4 #d4 ,,gao study on settlement or collaborative agreements ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a study and submit a report to ,committees on the ,judiciary of the ,house of ,representatives and of the ,senate1 the ,committee on ,oversight and ,reform of the ,house of ,representatives1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 on settlement or collaborative agreements entered into pursuant to litigation arising out of allegations of police misconduct1 including the ,cincinnati ,collaborative ,agreement1 which-- 7#a7 assesses the effectiveness of such agreements on improving community-police relations2 7#b7 assesses the impact of such agreements on crime and disorder2 7#c7 determines whether similar agreements could improve community-police relations in other major metropolitan cities in the ,united ,states2 and 7#d7 offers recommendations for further improvements to such agreements4