,,ii #aaith ,,congress #b;d ,session ,s4 #chjd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #i1 #bjbf,mr4 ,booker introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to hold police accountable in the courts4 #a4 ,short title ,this ,act may be cited as the ,under ,color of ,law ,accountability ,act4 #b4 ,prohibiting excessive force1 theft1 and obstruction by persons acting under color of law 7a7 ,amendment ,part ,i of title #ah1 ,united ,states ,code1 is amended by inserting after section #afbc the following3 #hj ,persons acting under color of law ,sec4#afda4 ,prohibiting excessive force by persons acting under color of law4#afdb4 ,prohibiting theft of money1 personal property1 controlled substances1 and contraband by persons acting under color of law4#afdc4 ,prohibiting obstruction undertaken under color of law4#afdd4 ,statute of limitations4#afde4 ,definitions4 #afda4 ,prohibiting excessive force by persons acting under color of law 7a7 ,use of excessive force 7#a7 ,offense ,it shall be unlawful for any person to1 acting under color of law1 cause bodily injury to another by intentionally using force against another if the person-- 7,a7 knows that the force is excessive2 or 7,b7 consciously disregards a substantial risk that the force is excessive4 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall-- 7,a7 be fined under this title1 be imprisoned for not more than #aj years1 or both2 or 7,b7 in the case of an offense that involves kidnapping1 attempted kidnapping1 or an attempt to kill or that results in death1 be fined under this title1 imprisoned for not more than #cj years1 or both4 7#c7 ,conspiracy ,any person who conspires to commit a violation of paragraph 7#a7 shall be subject to the same penalties as those prescribed for the offense1 as if such offense were completed4 7#d7 ,solicitation of a violation 7,a7 ,in general ,any person1 acting under color of law1 who solicits1 counsels1 commands1 directs1 or induces another person to commit a violation of paragraph 7#a71 with the intent that the violation be committed1 shall be subject to the same penalties as those prescribed for the offense1 as if such offense were completed by the person4 7,b7 ,completion of solicited violation proof requirement ,in a prosecution for an offense under subparagraph 7,a71 the ,federal ,government need not prove that any person actually committed or attempted to commit the solicited violation of paragraph 7#a74 7b7 ,use of firearm 7#a7 ,offense ,it shall be unlawful for any person1 acting under color of law1 to attempt to cause death or bodily injury through the discharge of a firearm1 if the person knows that such an act would constitute excessive force if death or injury were to result4 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined under this title1 imprisoned for not more than #aj years1 or both4 7c7 ,failure ,to intervene 7#a7 ,in general ,any person who1 acting under color of law1 and having the duty1 opportunity1 and ability to intervene1 deliberately chooses not to take reasonable steps to stop or prevent a use of excessive force1 knowing that the force is excessive1 shall be subject to the same penalties as those prescribed for the offense1 as if such offense were completed by the person4 7#b7 ,limitation ,paragraph 7#a7 shall not apply to any person who takes reasonable steps to stop or prevent the use of excessive force1 regardless of whether the steps were successful4 #afdb4 ,prohibiting theft of money1 personal property1 controlled substances1 and contraband by persons acting under color of law 7a7 ,offense ,it shall be unlawful for any person1 acting under color of law1 to-- 7#a7 knowingly convert to their personal use1 or to the personal use of another1 any sum of money1 personal property valued at more than #be4jj1 or any controlled substance or contraband obtained-- 7,a7 from any person-- 7i7 in their custody or control2 7ii7 in the control or custody of another person acting under color of law2 7iii7 in the control or custody of a prison or other correctional or detention facility whether run by a government agency or private entity2 7iv7 in the custody or control of a law enforcement agency2 or 7v7 in the control or custody of an institution2 or 7,b7 from any home1 vehicle1 or other property searched-- 7i7 pursuant to warrant or other legal process2 or 7ii7 when access to such property is granted because an officer or government actor shows a badge1 identifies himself or herself as a law enforcement or government official1 or there is otherwise a similar display of law enforcement or other governmental authority1 including when an officer misuses their official authority to obtain consent to search the property or otherwise gain entry to the property2 or 7#b7 knowingly take any sum of money1 personal property valued at more than #be4jj1 or any controlled substance or contraband1 with the intent to convert the money1 property1 contraband1 or controlled substance to their own personal use or to the personal use of another1 knowing that the person has no legal right to such money1 property1 contraband1 or controlled substance4 7b7 ,penalty ,any person who violates subsection 7a7 shall-- 7#a7 in the case of an offense involving money or property the value of which is more than #a1jjj1 be fined under this title1 imprisoned for not more than #aj years1 or both2 7#b7 in the case of an offense involving money or property the value of which is more than #ejj1 be fined under this title1 imprisoned for not more than #e years1 or both2 or 7#c7 be fined under this title1 imprisoned for not more than #e years1 or both4 7c7 ,applicability ,subsection 7a7 shall not apply to the taking of money1 property1 controlled substances1 or contraband for legitimate law enforcement or governmental purposes1 such as for use as evidence in a trial or for confiscation as proceeds of illegal activity4 7d7 ,custody or control ,for purposes of this section1 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 seizure1 as that term is used in the ,fourth ,amendment to the ,constitution of the ,united ,states1 even if that seizure is only temporary4 #afdc4 ,prohibiting obstruction undertaken under color of law 7a7 ,offense ,it shall be unlawful for any person1 acting under color of law1 to knowingly1 and with the intent to cover up or conceal a possible violation of any color-of-law offense in this chapter or chapter #ac1 including under section #bdb1 #afda1 #afdb1 or #afdc1 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 law1 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-- 7#a7 destroy1 mutilate1 corrupt1 alter1 conceal1 falsify1 or otherwise render unavailable any recording device1 including a camera1 video recording device1 audio recording device1 tablet1 computer1 cellular telephone1 or cellular telephone application1 whether owned by a private person1 or owned or operated by a law enforcement organization1 or to take such action with respect to a picture1 image1 data1 or video or audio recordings made by1 or captured upon1 such a device2 7#b7 use physical force or the threat of physical force to interfere with a person who1 without interfering in law enforcement activity or breaking any law1 records law enforcement activity-- 7,a7 in a public setting2 or 7,b7 in a home1 vehicle1 business1 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 premises2 7#c7 use arrest1 the threat of arrest1 or other abuse of the law or legal process to interfere with a person who1 without interfering in law enforcement activity or breaking any law1 records law enforcement activity-- 7,a7 in a public setting2 or 7,b7 in a home1 vehicle1 business1 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 premises2 7#d7 use physical force1 the threat of physical force1 intimidation1 harassment1 misleading conduct1 or corrupt persuasion to cause another to destroy1 mutilate1 corrupt1 alter1 conceal1 falsify1 or otherwise render unavailable any recording of law enforcement activity2 7#e7 use physical force1 the threat of physical force1 intimidation1 harassment1 misleading conduct1 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 continued2 or 7#f7 destroy1 mutilate1 corrupt1 alter1 conceal1 falsify1 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 right4 7b7 ,penalty ,any person who violates subsection 7a7 shall-- 7#a7 be fined under this title1 imprisoned for not more than #bj years1 or both2 or 7#b7 if death results1 be fined under this title1 imprisoned for not more than #cj years1 or both4 7c7 ,rule of construction ,nothing in this section shall be construed to-- 7#a7 prohibit a law enforcement officer from forbidding1 discouraging1 or preventing recording of sensitive law enforcement activities1 such as-- 7,a7 internal briefings2 7,b7 undercover activities2 7,c7 classified or sensitive subject matters2 7,d7 interviews with victims1 witnesses1 informants1 and cooperating defendants2 or 7,e7 internal personnel discussions2 7#b7 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 activity2 or 7#c7 prohibit a law enforcement officer from enforcing reasonable regulations on recording conduct in public settings1 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 ,states4 7d7 ,intent proof requirement ,in a prosecution for an offense under subsection 7a71 the ,government need not prove-- 7#a7 that the person was aware that the matter the person intended to obstruct involved a violation of any particular ,federal law or constitutional right2 or 7#b7 that the person had knowledge that any pending or anticipated official investigation is ,federal in nature4 7e7 ,official investigation ,for purposes of this section1 an official investigation shall include a ,federal criminal investigation1 a ,federal civil investigation1 such as a pattern or practice investigation and a ,state criminal or administrative investigation4 #afdd4 ,statute of limitations 7a7 ,death-,resulting offenses ,an indictment or information alleging that an offense under section #afda1 #afdb1 or #afdb resulted in death may be found or instituted at any time without limitation4 7b7 ,other offenses ,except as provided in subsection 7a71 no person shall be prosecuted1 tried1 or punished for any offense under section #afda1 #afdb1 or #afdc unless the indictment for such offense is found1 or the information for such offense is instituted1 not later than #g years after the date on which the offense was completed4 #afde4 ,definitions ,in this chapter3 7#a7 ,bodily injury ,the term bodily injury-- 7,a7 has the meaning given the term in section #acfe7;h72 and 7,b7 does not include solely emotional or psychological harm4 7#b7 ,controlled substance ,the term controlled substance has the meaning given the term in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 7#c7 ,excessive force 7,a7 ,in general ,the term excessive force-- 7i7 means-- 7,i7 in the case of force used against a person incarcerated based upon a criminal conviction1 force that is both unnecessary and wanton2 and 7,,ii7 in any other case1 force that is objectively unreasonable force2 and 7ii7 includes deadly force if the use of deadly force was objectively unreasonable under all the facts and circumstances4 7,b7 ,wanton use of force ,for purposes of subparagraph 7,a77i77,i71 wanton use of force shall include-- 7i7 non-de-minimis force intentionally inflicted in the absence of a legitimate penological purpose2 and 7ii7 force used with the intent to inflict harm1 injury1 pain1 or suffering beyond that which would result from a good faith effort to maintain discipline1 restore order1 or to achieve any other legitimate penological purpose4 7,c7 ,objectively unreasonable force ,for purposes of subparagraph 7,a71 the term objectively unreasonable force means force that1 upon consideration of all the facts and circumstances from the point of view of a reasonable officer or government actor on the scene1 exceeds the amount of force necessary to accomplish a legitimate law enforcement or governmental objective4 7,d7 ,deadly force ,for purpose of subparagraph 7,a77i77,,ii71 the use of deadly force shall be considered reasonable if1 from the point of view of a reasonable officer or government actor on the scene1 such force is-- 7i7 reasonably necessary to prevent an imminent threat of death or serious bodily injury to the person using the force or to any other person2 or 7ii7 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 would1 if not immediately apprehended1 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 means4 7#d7 ,under the color of law ,the term under the color of law includes actions taken under the color of any ,federal1 ,state1 ,tribal1 territorial1 commonwealth1 possession1 or district law1 which includes any statute1 ordinance1 regulation1 or custom thereof4 4 7b7 ,table of chapters ,the table of chapters for part ,i of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #gi the following3 #hj,persons acting under color of law#afda 4