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]
[H.R. 6568 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 6568

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2018

  Ms. Speier (for herself and Mrs. Comstock) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 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.

    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. 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'' 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' means an 
        officer or employee of the United States, the duties of whose 
        position are primarily the investigation, apprehension, or 
        detention of individuals suspected or convicted of offenses 
        against the criminal laws of the United States.''.
    (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 of an individual in the 
                            custody of a Federal law enforcement 
                            officer.''.

SEC. 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 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 is 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.

    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.
                                 <all>