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THE CITY OF <br /> Attachment 3 <br /> pLEASANTONC <br /> Federal Legislative Reform Overview <br /> There are two competing proposals for Federal law enforcement reform. While the two <br /> proposals vary based on party affiliation, some similarities exist. For example, both bills <br /> would make lynching a federal crime. Both bills would require or incentivize increased <br /> data collection for use of force and officer misconduct, universal officer wearing of body <br /> cameras, and increased training for police officers. <br /> The topic of "chokeholds" is one area where the proposals seek to address the same <br /> topic through different strategies. The House Bill makes the use of a "chokehold" a civil <br /> rights violation though a chokehold is defined act that "prevent or hinders breathing or <br /> reduced intake of air". The Senate Bill defines a "chokehold" as the "restriction of one's <br /> ability to breath for the purposed of incapacitation," and requires the attorney general to <br /> develop policies that bans its use unless deadly force is authorized. <br /> The House bill would limit law enforcement access to military grade equipment. The City <br /> of Pleasanton is not registered to accept equipment from the military 1033 program. <br /> The Senate is highly reliant on the withholding of Federal funds to incentivize change, <br /> whereas the House bill primarily bans certain practices outright. The impact of <br /> withholding Federal funds is nominal as the City of Pleasanton is not dependent on <br /> Federal grants or funds. <br /> Federal Executive Order: <br /> On June 16, 2020, President Donald Trump issued an Executive Order on Safe Policing <br /> for Safe Communities. The Executive Order directs the Attorney General to establish <br /> best practices for law enforcement agencies and condition federal grants on compliance <br /> with those standards. Specifically, the Executive Order directs the Attorney General to <br /> certify independent credentialing bodies that can assess agencies' policies in areas <br /> such as use of force, deescalation, and identifying officers who may require <br /> intervention. Of particular note, credentialing bodies will need to "confirm" that state and <br /> local use-of-force policies prohibit the use of chokeholds. The Executive Order directs <br /> the Attorney General to allocate DOJ discretionary grant funding only to state and local <br /> law enforcement agencies that have sought or are in the process of seeking such <br /> credentials. <br /> In addition, the Executive Order directs the Attorney General to create a database to <br /> track and publish data related to instances of excessive use of force by law <br /> enforcement, requiring law enforcement agencies that receive discretionary grant <br /> funding to submit information to the database. The Executive Order also requires the <br /> Attorney General to develop and propose legislation to improve law enforcement <br /> practices and build community engagement, and to identify and develop opportunities to <br /> train law enforcement officers with respect to encounters with individuals suffering from <br /> 1 <br />