Closing the Law Enforcement Consent Loophole Act of 2021

To amend title 18, United States Code, to prohibit law enforcement officers from engaging in sexual activity with persons in custody, and for other purposes. 1. Short title This Act may be cited as the Closing the Law Enforcement Consent Loophole Act of 2021 2. Prohibition on engaging in sexual acts while acting under color of law (a) In general Section 2243 of title 18, United States Code, is amended— (1) in the section heading, by adding at the end the following: or by any person acting under color of law (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (3) by inserting after subsection (b) the following: (c) Of an individual by any person acting under color of law (1) In general Whoever, acting under color of law, knowingly engages in a sexual act with an individual who is under arrest, in detention, or otherwise in the actual custody of any Federal law enforcement officer, shall be fined under this title, imprisoned not more than 15 years, or both. (2) Definition In this subsection, the term sexual act ; 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 individual 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 by any person acting under color of law. . 3. Enactment of laws penalizing engaging in sexual acts while acting under color of law (a) In general Beginning in the first fiscal year that begins after the date that is one year after the date of enactment of this Act, in the case of a State or unit of local government that does not have in effect a law described in subsection (b), if that State or unit of local government that would otherwise receive funds under the COPS grant program, that State or unit of local government shall not be eligible to receive such funds. In the case of a multi-jurisdictional or regional consortium, if any member of that consortium is a State or unit of local government that does not have in effect a law described in subsection (b), if that consortium would otherwise receive funds under the COPS grant program, that consortium shall not be eligible to receive such funds. (b) Description of law A law described in this subsection is a law that— (1) makes it a criminal offense for any person acting under color of law of the State or unit of local government to engage in a sexual act with an individual who is under arrest, in detention, or otherwise in the actual custody of any law enforcement officer; and (2) prohibits a person charged with an offense described in paragraph (1) from asserting the consent of the other individual as a defense. (c) Reporting requirement A State or unit of local government that receives a grant under the COPS grant program shall submit to the Attorney General, on an annual basis, information on— (1) the number of reports made to law enforcement agencies in that State or unit of local government regarding persons engaging in a sexual act while acting under color of law during the previous year; and (2) the disposition of each case in which sexual misconduct by a person acting under color of law was reported during the previous year. 4. Reports to Congress (a) Report by Attorney General Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall submit to Congress a report containing— (1) the information required to be reported to the Attorney General under section 403(b); and (2) information on— (A) the number of reports made, during the previous year, to Federal law enforcement agencies regarding persons engaging in a sexual act while acting under color of law; and (B) the disposition of each case in which sexual misconduct by a person acting under color of law was reported. (b) Report by GAO Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Comptroller General of the United States shall submit to Congress a report on any violations of section 2243(c) of title 18, United States Code, as amended by section 402, committed during the 1-year period covered by the report. 5. Definition In this Act, the term sexual act

Summary: Closing the Law Enforcement Consent Loophole Act of 2021 This bill establishes a framework to prohibit law enforcement officers at the federal, state, and local levels from engaging in sexual acts with individuals who are in custody. At the federal level, the bill makes it unlawful for a federal law enforcement officer who is acting under color of law 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. At the state and local level, the bill conditions eligibility for funds under the Community Oriented Policing Services program on the enactment of a similar law.