Introducing the Enhancing Oversight to End Discrimination in Policing Act

Strategic Insights -

The Enhancing Oversight to End Discrimination in Policing Act, a bipartisan bill introduced by United States Senators Elizabeth Warren (D-Mass), Richard Durbin (D-Ill.), and Mazie Hirono (D-Hawai'i), aims to strengthen the federal and state governments' ability to investigate police departments with a pattern or practice of unconstitutional and discriminatory behavior. The legislation, co-sponsored by 15 Senate colleagues and 2 Representatives, would rescind the Trump administration's guidance limiting DOJ's use of consent decrees, empower state Attorneys General to pursue pattern or practice investigations, and provide robust funding for these efforts.

Key Takeaways:

  • The Enhancing Oversight to End Discrimination in Policing Act targets the Trump administration's restrictions on DOJ's use of consent decrees, which were used to investigate police departments with a history of unconstitutional and discriminatory policing practices during the Obama administration.
  • The bill would empower state Attorneys General to pursue pattern or practice investigations and provide a grant program to assist states in pursuing investigations and consent decrees.
  • The legislation aims to triple funding for the DOJ's Civil Rights Division and dedicate $100 million per year for the next 10 years to the Division to investigate police departments with a history of engaging in unconstitutional and discriminatory policing practices.
  • The bill has the endorsement of several organizations, including the National Urban League, National Organization of Black Law Enforcement Executives (NOBLE), National Action Network, Demand Progress, and the Public Rights Project.
  • Senator Warren is also a co-sponsor of the Justice in Policing Act, which includes provisions to strengthen pattern or practice investigations into police misconduct and provide grants to state Attorneys General to conduct pattern or practice investigations.

Statistics:

  • The Trump administration has failed to enter into a single consent decree since 2017.
  • Between 2014 and 2017, the DOJ used its authority to enter into 118 consent decrees.
  • The bill would dedicate $100 million per year for the next 10 years to the DOJ's Civil Rights Division to investigate police departments with a history of engaging in unconstitutional and discriminatory policing practices.

Sources:

  • Statement by Senator Elizabeth Warren: "Communities across the country are calling for real reforms to end the systemic racism that plagues not just policing but the entire criminal legal system."
  • Statement by Congressman Cedric Richmond: "The Enhancing Oversight to End Discrimination in Policing Act takes a much-needed step to address discrimination in policing by empowering the federal and state governments to investigate and hold accountable police officers and departments that engage in racist policing."
  • The Public Rights Project: "Public Rights Project is proud to support this bill to give state attorneys general the enhanced tools and resources they need to investigate systemic racism in police departments across the country."
  • Demand Progress: "We are happy to see the introduction of The Enhancing Oversight to End Discrimination in Policing Act of 2020 and applaud Sen. Warren and Rep. Richmond for leading efforts to address unconstitutional and discriminatory police practices in order to help restore accountability."
  • National Urban League: "The National Urban League is proud to support this bill."