Closing the Law Enforcement Consent Loophole Act of 2021
Latest action · Oct 19, 2021 Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedMar 23, 2021
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
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.
Cosponsors 26
Members who signed on, in the order they did. Signatures ran from Mar 23, 2021 to Dec 1, 2021; 24 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-NY | Adriano Espaillat | Original | Mar 23, 2021 |
| D-NC | Alma S. Adams | Original | Mar 23, 2021 |
| D-CA | Anna G. Eshoo | Original | Mar 23, 2021 |
| R-OH | Anthony Gonzalez | Original | Mar 23, 2021 |
| D-CA | Barbara Lee | Original | Mar 23, 2021 |
| D-PA | Chrissy Houlahan | Original | Mar 23, 2021 |
| D-IA | Cynthia Axne | Original | Mar 23, 2021 |
| R-OH | David P. Joyce | Original | Mar 23, 2021 |
| D-WA | Derek Kilmer | Original | Mar 23, 2021 |
| D-OR | Earl Blumenauer | Original | Mar 23, 2021 |
| D-DC | Eleanor Holmes Norton | Original | Mar 23, 2021 |
| D-NY | Gregory W. Meeks | Original | Mar 23, 2021 |
| D-WI | Gwen Moore | Original | Mar 23, 2021 |
| D-CT | Jahana Hayes | Original | Mar 23, 2021 |
| D-MA | James P. McGovern | Original | Mar 23, 2021 |
| D-RI | James R. Langevin | Original | Mar 23, 2021 |
| D-MD | Jamie Raskin | Original | Mar 23, 2021 |
| D-IL | Jesús G. "Chuy" García | Original | Mar 23, 2021 |
| R-NY | John Katko | Original | Mar 23, 2021 |
| D-CA | Judy Chu | Original | Mar 23, 2021 |
| D-PA | Mary Gay Scanlon | Original | Mar 23, 2021 |
| D-GU | Michael F. Q. San Nicolas | Original | Mar 23, 2021 |
| D-NY | Nydia M. Velázquez | Original | Mar 23, 2021 |
| D-IL | Sean Casten | Original | Mar 23, 2021 |
| D-MN | Betty McCollum | Jul 22, 2021 | |
| D-IL | Lauren Underwood | Dec 1, 2021 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary Committee | Referred Mar 23, 2021 |
| Crime and Federal Government Surveillance Subcommittee | Referred Oct 19, 2021 |
Actions 3
Everything that happened, newest first.
- Oct 19, 2021Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
- Mar 23, 2021Introduced in House
- Mar 23, 2021Referred to the House Committee on the Judiciary.
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Constitutional authority
The sponsor’s statement, as printed in the Congressional Record, vol. 167, no. 54, March 23, 2021, page H1622.
Related bills 3
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HR 677 | JUSTICE Act | Related bill | Mar 22, 2021 |
| HR 1280 | George Floyd Justice in Policing Act of 2021 | Related bill | Mar 9, 2021 |
| HR 1620 | Violence Against Women Act Reauthorization Act of 2021 | Related bill | May 24, 2022 |
Titles 2
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- 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.
- Short Title(s) as Introduced
- Closing the Law Enforcement Consent Loophole Act of 2021
Subjects
Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.
- Congressional oversight
- Crime and Law Enforcement
- Criminal investigation, prosecution, interrogation
- Criminal justice information and records
- Detention of persons
- Government information and archives
- Government studies and investigations
- Law enforcement administration and funding
- Law enforcement officers
- Sex offenses
- State and local government operations
Text 1
Each version as it was printed, newest first.
- Mar 23, 2021Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
