Title: Closing the Law Enforcement Consent Loophole Act of 2018
Policy area: Crime and Law Enforcement

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.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3688 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3688

 To amend title 18, United States Code, to make it a criminal offense 
 for individuals to engage in sexual acts while acting under color of 
law or with individuals in their custody, to encourage States to adopt 
                 similar laws, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 29, 2018

 Mr. Blumenthal (for himself and Mr. Booker) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to make it a criminal offense 
 for individuals to engage in sexual acts while acting under color of 
law or with individuals in their custody, to encourage States to adopt 
                 similar laws, 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 2018''.

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, including 
        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'--
                    ``(A) has the meaning given the term in section 
                2246; and
                    ``(B) includes the penetration, however slight, of 
                the mouth of another by a hand or finger or by any 
                object, with an intent to abuse, humiliate, harass, 
                degrade, or arouse or gratify the sexual desire of any 
                person.''; 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. INCENTIVES FOR STATES.

    (a) Authority To Make Grants.--The Attorney General is authorized 
to make grants to States that have in effect a law that--
            (1) makes it a criminal offense for any person acting under 
        color of law of the State to engage in a sexual act with an 
        individual, including 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.
    (b) Reporting Requirement.--A State that receives a grant under 
this section 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 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.
    (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 
section 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 et seq.) (commonly 
        referred to as the ``STOP Violence Against Women Formula Grant 
        Program'').
            (2) Section 41601 of the Violence Against Women Act of 1994 
        (34 U.S.C. 12511) (commonly referred to as the ``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 are authorized to be 
appropriated to carry out this chapter $5,000,000 for each of fiscal 
years 2019 through 2023.

SEC. 4. REPORT TO CONGRESS.

    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 3(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.

SEC. 5. DEFINITION.

    In this Act, the term ``sexual act'' has the meaning given the term 
in section 2243(c)(2) of title 18, United States Code, as added by this 
Act.
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