Closing the Law Enforcement Consent Loophole Act of 2018

To amend title 18, United States Code, to make it a criminal offense for Federal law enforcement officers to engage in sexual acts with individuals in their custody, to encourage States to adopt similar laws, and for other purposes. 1. Short title This Act may be cited as the Closing the Law Enforcement Consent Loophole Act of 2018 2. Federal law enforcement officers prohibited from engaging in sexual acts with individuals in their custody (a) In general Section 2243 of title 18, United States Code, is amended— (1) by adding at the end the following: , or of individual in the custody of a Federal law enforcement officer (2) by redesignating subsections (c) and (d) as subsections (d) and (e); (3) by inserting after subsection (b) the following: (c) Of individual in the custody of a Federal law enforcement officer Whoever, being a Federal law enforcement officer, knowingly engages in a sexual act with an individual who is under arrest, in detention, or otherwise in the actual custody of that Federal law enforcement officer, shall be fined under this title, imprisoned not more than 15 years, or both. ; and (4) in subsection (d), as so redesignated, by adding at the end the following: (3) In a prosecution under subsection (c), it is not a defense that the other person consented to the sexual act. . (b) Definition Section 2246 of title 18, United States Code, is amended— (1) in paragraph (5), by striking and (2) in paragraph (6), by striking the period at the end and inserting ; and (3) by inserting after paragraph (6) the following: (7) the term Federal law enforcement officer . (c) Clerical amendment The table of sections for chapter 109A 2243. Sexual abuse of a minor or ward, or of an individual in the custody of a Federal law enforcement officer. . 3. Incentives for States (a) Authority To make grants The Attorney General is authorized to make grants to States that have in place a law that— (1) makes it a criminal offense for a law enforcement officer in that State to engage in a sexual act with an individual who is under arrest, in detention, or otherwise in the actual custody of that law enforcement officer; and (2) prohibits a law enforcement officer charged with such an offense from asserting the consent of the other individual as a defense. (b) Reporting requirement A State that receives a grant under this section shall submit to the Attorney General, on an annual basis, information on the number of reports made to law enforcement agencies in that State regarding law enforcement officers engaging in a sexual act with an individual described in paragraph (1), during the previous year. (c) Application A State seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require, including information about the law described in subsection (a). (d) Grant amount The amount of a grant to a State under this Act shall be in an amount that is not greater than 10 percent of the average of the total amount of funding of the 3 most recent awards that the State received under the following grant programs: (1) Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10441 STOP Violence Against Women Formula Grant Program (2) Section 41601 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12511 Sexual Assault Services Program (e) Grant term (1) In general The Attorney General shall provide an increase in the amount provided to a State under the grant programs described in subsection (d) for a 2-year period. (2) Renewal A State that receives a grant under this section may submit an application for a renewal of such grant at such time, in such manner, and containing such information as the Attorney General may reasonably require. (3) Limit A State may not receive a grant under this section for more than 4 years. (f) Uses of funds A State that receives a grant under this section shall use— (1) 25 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (1) of subsection (d); and (2) 75 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (2) of subsection (d). (g) Authorization of appropriations There is authorized to be appropriated to carry out this chapter $5,000,000 for each of fiscal years 2019 through 2023. 4. Report to Congress The Attorney General shall submit to Congress, on an annual basis, a report containing— (1) the information required to be reported to the Attorney General under section 3(b); and (2) information on the number of reports made, during the previous year, to Federal law enforcement agencies regarding Federal law enforcement officers engaging in a sexual act with an individual who is under arrest, in detention, or otherwise in the actual custody of the law enforcement officer.

Summary: Closing the Law Enforcement Consent Loophole Act of 2018 This bill amends the federal criminal code to make it unlawful for a federal law enforcement officer to engage in a sexual act with an individual who is under arrest, in detention, or in custody. Consent is not a defense to prosecution for unlawful conduct. A violator is subject to criminal penalties—a fine, a prison term of up to 15 years, or both. Additionally, the bill authorizes the Department of Justice to make grants to states that have in effect similar laws. Grants must be used for the same purposes as formula grants under the STOP Violence Against Women Program and the Sexual Assault Services Program.