Back the Blue Act
The Bolstering Accountability and Community Knowledge to Support The Blue Act establishes a statewide Police Abuse Registry, requiring individuals convicted of assaulting law enforcement officers—including those who have received clemency—to be documented. The Act also introduces a mechanism for individuals to seek removal from the registry by contributing $5,000 per count to a state-administered fund for law enforcement officers injured in the line of duty, promoting accountability while supporting affected officers.
Key Provisions
Establishment of Police Abuse Registry: Creates a centralized Police Abuse Registry managed by the Department of Justice to record individuals convicted of assaulting law enforcement officers if no such registry exists.
Mandatory Registration: Requires any individual convicted of assaulting law enforcement officers, regardless of receiving clemency, to be entered into the registry.
Comprehensive Registry Content: Details the information to be included in the registry, such as convictions, dates of clemency, and last known addresses, ensuring proper documentation.
Removal Option Through Contribution: Allows individuals to seek removal from the registry by paying $5,000 per count of conviction into a state-administered fund for law enforcement officers injured in the line of duty.
Accessibility and Purpose: Permits law enforcement agencies to access the registry for background checks, employment screenings, and investigations, while penalizing unauthorized use.
Notification to Local Authorities: Requires the Department of Justice to notify local law enforcement agencies of individuals residing in their jurisdictions who are included in the registry.
Model Language
Section 1: Title: This Act shall be known and may be cited as the “Bolstering Accountability and Community Knowledge to Support The Blue Act (BACK THE BLUE Act).”
Section 2: Definitions
For the purposes of this Act, the following terms shall have the meanings ascribed to them: “Assault on a law enforcement officer” refers to any offense involving the use or threatened use of force against a person known or identified as a law enforcement officer, as defined under [State Statute Reference].
“Clemency” refers to the reduction or mitigation of a criminal sentence, including pardons, commutations, or reprieves, granted by the President of the United States or the state’s Governor.
“Police Abuse Registry” refers to a centralized state database created to record individuals convicted of assault or abuse against law enforcement officers.
“Law Enforcement Injury Fund” refers to a state-administered fund created to provide financial assistance to law enforcement officers injured in the line of duty.
Section 3: Creation of the Police Abuse Registry
(a) If no Police Abuse Registry exists within the state, the Department of Justice shall establish and maintain a centralized Police Abuse Registry.
(b) The Registry shall record information on individuals convicted of assaulting law enforcement officers, including: Full name and known aliases; Date of birth; Offense(s) committed; Date(s) of conviction; Date(s) of any clemency granted; and Last known address.
Section 4: Mandatory Inclusion in the Police Abuse Registry
(a) Any individual convicted of assaulting a law enforcement officer shall be entered into the Police Abuse Registry.
(b) Inclusion in the Registry shall be mandatory even if the individual has received clemency for the offense from the President of the United States or the state’s Governor.
(c) The Department of Justice shall ensure registration within 30 days of receiving notice of conviction or clemency.
Section 5: Removal from the Police Abuse Registry
(a) An individual included in the Police Abuse Registry may request removal by formal application to the Department of Justice.
(b) To qualify for removal, the individual must pay $5,000 per count of conviction into the Law Enforcement Injury Fund established under this Act.
(c) Upon receipt of required payment, the Department of Justice shall remove the individual’s information from the Registry within 30 days.
(d) Payments made to the Law Enforcement Injury Fund are non-refundable and must be used exclusively for supporting law enforcement officers injured in the line of duty.
Section 6: Accessibility and Use of the Registry
(a) The Registry shall be accessible only to law enforcement agencies for the purposes of:
Background checks for employment or certification
Assisting investigations involving law enforcement safety
Monitoring individuals residing within their jurisdictions
(b) Unauthorized use or disclosure of Registry information is prohibited and punishable under [State Privacy Statutes].
Section 7: Notification to Local Law Enforcement
(a) The Department of Justice shall notify local law enforcement agencies in the jurisdiction where a registered individual resides within 15 days of their inclusion in the Registry.
(b) Notification shall include the individual’s name, offense details, date of conviction, and address.
Section 8: Law Enforcement Injury Fund
(a) The Law Enforcement Injury Fund shall be established and managed by the Department of Justice.
(b) All funds collected under Section 5 of this Act shall be deposited into the Law Enforcement Injury Fund and used exclusively to:
Provide financial assistance to law enforcement officers injured in the line of duty
Support rehabilitation and medical costs for injured officers
(c) The Department of Justice shall provide annual reports to the state legislature detailing the disbursement and use of funds.
Section 9: Penalties for Non-Compliance
(a) Any official or agency failing to comply with this Act shall face administrative sanctions as determined by the Department of Justice.
(b) Individuals harmed by non-compliance may pursue civil remedies in a court of competent jurisdiction.
Section 10: Privacy and Data Security
(a) The Department of Justice shall implement safeguards to ensure the confidentiality and security of the Registry.
(b) Unauthorized disclosure or misuse of Registry data shall result in penalties including fines and/or imprisonment as provided under [State Privacy Statutes].
Section 11. Severability: If any provision of this Act is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end, the provisions of this Act are declared to be severable.
Section 12. Effective Date: This Act shall take effect 90 days after its enactment.