Bills
| 3.23.22

Should the Feds Incentivize Sensitivity Training for State Police Departments? (H.R. 125)

Do you support or oppose this bill?

What is H.R. 125?

(Updated August 25, 2021)

This bill would require states receiving federal funds from specific grant programs to mandate that state law enforcement officers or cadets receive sensitivity training each fiscal year or risk losing federal assistance. States that fail to comply with these requirements could face a 20 percent reduction in the grant funding that otherwise would’ve been awarded. The sensitivity training must include instruction on ethnic and racial bias, cultural diversity, and police interaction with the disabled, mentally ill, and new immigrants.

The state must must certify to the Attorney General that these training sessions have been completed, although these requirements could be waived if compliance with this legislation would violate a state’s constitution.

The Attorney General would be also be directed to reduce federal funding by 20 percent to state or local governments that failed to enact or put into effect a requirement that an independent prosecutor be appointed under the following circumstances:

  • One or more of the possible defendants is a law enforcement officer;

  • One or more of the alleged offenses involves the law enforcement officer’s use of deadly force in the course of carrying out their duty;

  • The law enforcement officer’s use of deadly force resulted in death or injury.

The federal grant programs that would be affected by this legislation are the Edward Byrne Memorial State and Local Law Enforcement Assistance Program, the Local Government Law Enforcement Block Grants Program, and the Edward Byrne Memorial Justice Assistance Grant Program.

Argument in favor

The federal government has an obligation to ensure that state law enforcement agencies put their officers and cadets through sensitivity training, and that special prosecutors are appointed to investigate police officers. Making grant funding conditional on putting these changes into effect will increase compliance by states and cities that need funding.

Argument opposed

Requiring states to appoint an independent prosecutor for investigations involving police officers or requiring cops to undergo sensitivity training will not significantly improve relations between law enforcement and their communities. Reducing the amount of grant funding that goes to state and local governments will have a negative impact on public.

Impact

Law enforcement officers and cadets who would undergo the sensitivity training and the members of the community who they would interact with; district attorneys and independent prosecutors; and the Attorney General.

Cost of H.R. 125

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Rep. Steve Cohen (D-TN) reintroduced this bill from the 114th Congress as part of a package of criminal justice reform bills aimed at improving police-civilian relations:

“These bills will help bring much needed reform to our criminal justice system, and help restore trust between police and the citizens they serve and protect. Asking the local prosecutors to investigate the same local police with whom they need to work so closely on a day to day basis creates a conflict of interest which we should be working to end. Better training, statistics and video evidence will also help, as will an orderly process or enabling appropriate ex-offenders, who have completed their sentences, to re-enter society.  I want to thank my colleague Lacy Clay for his partnership on the Police Training and Independent Review Act. He is a tireless advocate on these issues.  I also want to thank Senator Tammy Duckworth for her leadership on this bill, and look forward to her introduction of a Senate companion soon.”

In the 114th Congress, Rep. Steve Cohen introduced this legislation with the goal of improving relations between law enforcement and the communities they protect while reducing the number police brutality incidents against minorities:

“America received a sobering wakeup call last year in Ferguson, followed by others in Staten Island, Cleveland, North Charleston, and more recently in Baltimore. The need for reform is as clear as it is urgent. Officers need better training. Excessive force must end. Justice shouldn’t just depend on whether a bystander catches bad acts on video. Expecting local prosecutors to prosecute the same officers upon whom they rely to do their job presents a clear conflict of interest, and it is unnecessary.”

This bill has 51 cosponsors in the current Congress, all of whom are Democrats. In the 114th Congress, this bill had the support of 100 cosponsors in the House, all of whom were Democrats.


Media:

Summary by Eric Revell
(Photo Credit: Flickr user diana_robinson)