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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6877 Introduced in House (IH)]

<DOC>

117th CONGRESS
  2d Session
                                H. R. 6877

To establish limitations on the use of no-knock warrants, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 1, 2022

Ms. Omar (for herself, Ms. Moore of Wisconsin, Mr. Garcia of Illinois, 
Ms. Pressley, Mr. Thompson of Mississippi, Ms. Clarke of New York, Mr. 
 Carson, Mrs. Watson Coleman, Ms. Newman, Ms. Ocasio-Cortez, Mr. Danny 
K. Davis of Illinois, Mr. Bowman, Ms. Lee of California, Mr. Torres of 
   New York, Ms. Velazquez, Mr. Payne, Mr. Smith of Washington, Mr. 
 Espaillat, Ms. Meng, Mrs. Hayes, Ms. Williams of Georgia, Mr. Johnson 
 of Georgia, Mr. Rush, Mr. Green of Texas, Mr. Levin of Michigan, Ms. 
  Schakowsky, Mr. Carter of Louisiana, Ms. Jayapal, and Mr. Grijalva) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL

 
To establish limitations on the use of no-knock warrants, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Amir Locke End Deadly No-Knock 
Warrants Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Byrne grant program.--The term ``Byrne grant program'' 
        means any grant program under subpart 1 of part E of title I of 
        the Omnibus Crime Control and Safe Streets Act of 1968 (34 
        U.S.C. 10151 et seq.), without regard to whether the funds are 
        characterized as being made available under the Edward Byrne 
        Memorial State and Local Law Enforcement Assistance Programs, 
        the Local Government Law Enforcement Block Grants Program, the 
        Edward Byrne Memorial Justice Assistance Grant Program, or 
        otherwise.
            (2) COPS grant program.--The term ``COPS grant program'' 
        means the grant program authorized under section 1701 of title 
        I of the Omnibus Crime Control and Safe Streets Act of 1968.
            (3) Covered law enforcement task force.--The term ``covered 
        law enforcement task force'' means a law enforcement task force 
        that has not less than 1 Federal law enforcement agency or 
        Federal law enforcement officer as a member.
            (4) Covered federal warrant.--The term ``covered Federal 
        warrant'' means a warrant authorizing a search by a Federal law 
        enforcement officer or covered law enforcement task force.
            (5) Daylight hours.--The term ``daylight hours'' means any 
        time beginning at 9:00 a.m. and ending at 6:00 p.m. in the time 
        zone in which a warrant is to be executed.
            (6) No-knock entry.--The term ``no-knock entry'' means 
        entry into a property by a law enforcement officer without the 
        law enforcement officer knocking and announcing their presence, 
        authority, and intention to enter the property.
            (7) Nighttime.--The term ``nighttime'' means any time other 
        than daylight hours in the time zone in which a warrant is to 
        be executed.

SEC. 3. FEDERAL SEARCH WARRANTS.

    (a) No-Knock Entry Requirements.--
            (1) Bar in drug cases.--A covered Federal warrant may not 
        authorize a no-knock entry for the investigation of any offense 
        related to drugs.
            (2) Requirements for court authorization.--A court--
                    (A) may only issue a covered Federal warrant 
                authorizing a no-knock entry if the court determines 
                there is clear and convincing evidence, supported by 
                particularized facts, that law enforcement officers 
                entering the property without announcing their presence 
                and intention to enter is necessary because notice 
                prior to entry would substantially endanger the life or 
                safety of the law enforcement officer or other persons; 
                and
                    (B) may not issue a covered Federal warrant 
                authorizing a no-knock entry for the investigation of 
                any offense related to drugs.
            (3) Avoiding destruction of property and injury of 
        persons.--
                    (A) In general.--In executing a covered Federal 
                warrant, law enforcement officers shall seek to avoid 
                the destruction of property and injury of persons 
                occasioned by forcible entry and execution of a search.
                    (B) Restitution.--Any person who is injured by, or 
                the owner of property damaged by, law enforcement 
                officers during the execution of a covered Federal 
                warrant may bring an action against the United States 
                in the appropriate Federal district court for 
                appropriate relief, including restitution, unless the 
                person is convicted of an offense related to the 
                covered Federal warrant.
            (4) Conforming amendment for drug investigations.--Section 
        509 of the Controlled Substances Act (21 U.S.C. 879) is 
        amended--
                    (A) by striking ``A search warrant'' and inserting 
                ``(a) A search warrant''; and
                    (B) by adding at the end the following:
    ``(b) A Federal law enforcement officer (as defined in section 2 of 
the Law Enforcement Congressional Badge of Bravery Act of 2008 (34 
U.S.C. 50301)) may not make a no-knock entry (as defined in section 2 
of the Amir Locke End Deadly No-Knock Warrants Act).''.
    (b) Planning and Execution of All Covered Federal Warrants.--
            (1) Execution during daylight hours.--
                    (A) In general.--Except as provided in subparagraph 
                (B), a covered Federal warrant shall only authorize 
                execution of the covered Federal warrant during 
                daylight hours not later than 7 days after such warrant 
                is issued, and such a warrant shall only be executed by 
                a Federal law enforcement officer or covered law 
                enforcement task force during such hours.
                    (B) Court authorization for nighttime service.--A 
                court may authorize a covered Federal warrant to be 
                executed outside of daylight hours if the court 
                determines that the application for such warrant 
                contains particularized facts indicating that nighttime 
                execution is necessary because execution of the warrant 
                during daylight hours would substantially endanger the 
                life or safety of law enforcement officers or other 
                persons.
            (2) Application for a warrant.--
                    (A) Approval.--An application for a covered Federal 
                warrant may not be submitted for consideration by a 
                court unless the head of the law enforcement agency 
                approves such an application. The authority for 
                approval described in this subparagraph may not be 
                delegated.
                    (B) Contents of application.--An application for a 
                covered Federal warrant shall include--
                            (i) a description of what investigative 
                        activities have been undertaken to support the 
                        request for such a warrant, or why no such 
                        investigative activity is needed; and
                            (ii) in the case of an application for a 
                        no-knock warrant, an explanation for why the 
                        applicant is unable to detain the suspect or 
                        search the premises without knocking or 
                        announcing law enforcement presence or using 
                        other less invasive methods.
            (3) Potential presence of vulnerable individuals.--
                    (A) Evaluation.--An application for a covered 
                Federal warrant shall assess, and a court issuing a 
                covered Federal warrant shall evaluate and include 
                information with respect to the primary language of the 
                individuals on the premises, whether there will be 
                children, individuals with a disability, individuals 
                who are elderly, or other vulnerable individuals 
                present at the location where the covered Federal 
                warrant is to be executed.
                    (B) Requirements for issuance.--A covered Federal 
                warrant may only authorize the search of a location 
                where a child, individual with a disability, individual 
                who is elderly, or other vulnerable individual will be 
                present if the court determines, based on 
                particularized facts, that there is a clear necessity 
                for such search to avoid endangering the life or safety 
                of law enforcement officers or other persons and that a 
                safety plan is in place to ensure the safety of the 
                vulnerable individuals.
            (4) Knock and announce requirement.--Except in any case in 
        which a covered Federal warrant authorizes no-knock entry, 
        during execution of a covered Federal warrant--
                    (A) a law enforcement officer shall be easily 
                recognizable and identifiable as a uniformed law 
                enforcement officer;
                    (B) a law enforcement officer shall knock and 
                audibly, or in a manner sufficient to provide notice to 
                any person with a disability, and with consideration to 
                the native language of the occupants, announce the 
                officer's identity as a law enforcement officer, 
                authority pursuant to the warrant, and purpose;
                    (C) an audible knock and announcement shall be 
                provided in a manner reasonably expected to be received 
                and understood by occupants of the premises to be 
                searched based on the size and nature of the location;
                    (D) a body worn camera or any other government 
                issued recording device shall be recording at least 5 
                minutes prior to the start of a covered Federal warrant 
                execution, during any subsequent entry and the entirety 
                of the search of the premises, and 5 minutes following 
                the exit of the premises; and
                    (E) law enforcement officers shall delay entry for 
                at least 30 seconds, or a sufficient amount of time 
                after the announcement, whichever is greater, based on 
                the size and nature of the premises and occupants, to 
                allow the occupant a reasonable opportunity to respond.
            (5) Exception to delayed entry requirement.--
        Notwithstanding paragraph (4)(E), law enforcement officers may 
        forcibly enter into the premises in less than 30 seconds if--
                    (A) a covered Federal warrant authorizes a no-knock 
                entry; or
                    (B) a verifiable exigent circumstance exists, there 
                is an imminent threat to the life of law enforcement 
                officers or others, and law enforcement officers 
                provide information about such exigency in the warrant 
                execution report.
            (6) Verification of place to be searched.--Before executing 
        a covered Federal warrant, law enforcement officers shall 
        verify that the address or location about to be searched is the 
        correct address or location authorized to be searched under the 
        covered Federal warrant. Such verification shall occur within 
        the 24 hours prior to execution of the covered Federal warrant.
            (7) Use of explosive devices.--Law enforcement officers 
        executing a covered Federal warrant shall not use or possess 
        flash-bang stun grenades, other explosive devices, chemical 
        weapons, or any military-grade firearm, unless expressly 
        authorized under the covered Federal warrant based on clearly 
        articulated reasons, supported by particularized facts, that 
        the use of any such device is necessary under the 
        particularized circumstances to protect the life or safety of 
        law enforcement officers or other persons.
    (c) Data Collection.--
            (1) In general.--A Federal law enforcement agency shall--
                    (A) collect data about--
                            (i) the items to be seized under a covered 
                        Federal warrant, as described in the 
                        application;
                            (ii) the items seized in the execution of 
                        that covered Federal warrant;
                            (iii) the total number of covered Federal 
                        warrant applications and the number of no-knock 
                        warrant applications;
                            (iv) the total number of covered Federal 
                        warrant applications granted and the number of 
                        no-knock warrant applications granted;
                            (v) the number of forcible entries made 
                        while executing warrants (both where no-knock 
                        entry is explicitly authorized by the warrant 
                        and when not explicitly authorized), including 
                        a description of the circumstances under which 
                        forcible entry occurred and why warrant 
                        requirements were modified; and
                            (vi) injuries that occur during the 
                        execution of warrants (sustained by both law 
                        enforcement and others); and
                    (B) submit the data collected under paragraph (1) 
                to the Attorney General.
            (2) Attorney general report.--Not later than 2 years after 
        the date of enactment of this Act, and every 2 years 
        thereafter, the Attorney General shall make available to the 
        public on the Department of Justice website a review and 
        analysis of the data submitted to the Attorney General pursuant 
        to paragraph (1)(B).
    (d) Exclusion of Evidence.--Evidence obtained in violation of this 
section may not be admissible in any trial, hearing, or proceeding in 
or before any court, department, officer, agency, regulatory body, or 
other authority of the United States, a State, or a political 
subdivision thereof.
    (e) Officer Accountability.--Any law enforcement officer who 
executes a covered Federal warrant in violation of the requirements of 
this section shall be subject to such consequence as the Attorney 
General determines appropriate, including rendering all evidence 
collected pursuant to the violation inadmissible, suspension of duty, 
civil penalties, or termination.

SEC. 4. LIMITATION ON STATE AND LOCAL LAW ENFORCEMENT ELIGIBILITY FOR 
              FUNDS.

    Beginning in the first fiscal year that begins after the date that 
is 1 year after the date of enactment of this Act, a law enforcement 
agency of a State or unit of local government may not receive funds 
made available to the State or local government under the Byrne grant 
program or the COPS grant program for a fiscal year if, on the day 
before the first day of the fiscal year, the State or local law 
enforcement agency of the State or unit of local government does not 
have in effect policies that are substantially similar to the policies 
described in section 3.
                                 <all>
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