Closing the Law Enforcement Consent Loophole Act of 2021
Bill: H.R.2172 | Sponsor: Rep. Speier, Jackie (D-CA)
Policy area: Crime and Law Enforcement

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.

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.

    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 ``Closing the Law Enforcement Consent 
Loophole Act of 2021''.

SEC. 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' has the meaning given the term in section 2246.''; 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'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (3) by inserting after paragraph (6) the following:
            ``(7) the term `Federal law enforcement officer' has the 
        meaning given the term in section 115.''.
    (c) Clerical Amendment.--The table of sections for chapter 109A of 
title 18, United States Code, is amended by amending the item related 
to section 2243 to read as follows:

``2243. Sexual abuse of a minor or ward or by any person acting under 
                            color of law.''.

SEC. 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.

SEC. 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.

SEC. 5. DEFINITION.

    In this Act, the term ``sexual act'' has the meaning given the term 
in section 2246 of title 18, United States Code.
                                 <all>