Protecting Children from Chemical Weapons Act
Bill: H.R.2663 | Sponsor: Rep. Morelle, Joseph D. (D-NY)
Policy area: Crime and Law Enforcement

Summary:
Protecting Children from Chemical Weapons Act
This bill prohibits federal, state, and local law enforcement officers from using chemical weapons on minors in the course of policing activities. The term chemical weapon includes pepper spray.

To prohibit law enforcement officers from using chemical weapons on 
  minors in the course of policing activities, 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 ``Protecting Children from Chemical 
Weapons Act''.

SEC. 2. PROHIBITION ON LAW ENFORCEMENT OFFICER USE OF CHEMICAL WEAPONS.

    (a) Federal Law Enforcement Officers.--No Federal law enforcement 
officer may use a chemical weapon on an individual that the officer 
knows or has reason to believe is a minor in the course of policing 
activities in the United States.
    (b) State and Local Law Enforcement Officers.--Beginning in the 
first fiscal year that begins after the date of enactment of this Act, 
in order to be eligible to receive funds under subpart 1 of part E of 
title 1 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 
U.S.C. 10151 et seq.) and part Q of title I of such Act (34 U.S.C. 
10381 et seq.), a State or unit of local government shall have in place 
a law or policy, and be in substantial compliance with such law or 
policy, prohibiting law enforcement officers in that jurisdiction from 
using a chemical weapon on an individual that the officer knows or has 
reason to believe is a minor in the course of policing activities.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) The term ``chemical weapon'' means the following, 
        together or separately:
                    (A) A toxic chemical and its precursors, and 
                includes oleoresin capsicum spray.
                    (B) A munition or device, specifically designed to 
                cause death or other harm through toxic properties of 
                those toxic chemicals specified in subparagraph (A), 
                which would be released as a result of the employment 
                of such munition or device.
                    (C) Any equipment specifically designed for use 
                directly in connection with the employment of munitions 
                or devices specified in paragraph (2).
            (2) The term ``law enforcement officer'' means any officer 
        of the United States, a State, or unit of local government, who 
        is empowered by law to conduct investigations of, or make 
        arrests because of, offenses against the United States, the 
        District of Columbia, a State, or a political subdivision of a 
        State, and includes a member of the Armed Forces (including any 
        reserve component) under orders to act in a policing capacity 
        in the United States.
            (3) The terms ``precursor'' and ``toxic chemical'' have the 
        meanings given such terms in section 229F of title 18, United 
        States Code.
            (4) The terms ``State'' and ``unit of local government'' 
        have the meanings given such terms in section 901 of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
        10251).
            (5) The term ``minor'' means an individual who is younger 
        than 18 years of age.
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