George Floyd Act: Key Provisions Explained

Accountability: Ends qualified immunity, making it easier to hold officers accountable for misconduct.
Transparency: Creates a National Police Misconduct Registry and mandates body camera use.
Practice Reform: Bans chokeholds, carotid holds, and restricts no-knock warrants.
Training: Requires de-escalation and anti-bias training for officers.

The Act also lowers the legal standard for prosecuting police misconduct from "willfulness" to "recklessness", making it easier to pursue charges. These measures aim to address systemic issues in law enforcement and increase public trust.

Why it matters: The Act was inspired by the 2020 killing of George Floyd, which sparked nationwide protests for police reform. It seeks to prevent excessive force, increase accountability, and improve transparency in policing practices across the country.

The George Floyd Justice in Policing Act of 2020: Explained

Police Accountability Measures

The Act introduces key reforms to improve police accountability, increasing oversight and addressing misconduct more effectively.

Changes to Qualified Immunity

The Act makes major changes to qualified immunity, removing protections for officers who knowingly or recklessly violate constitutional rights. Key updates include:

Eliminating the need for a prior identical case to establish liability
Defining clear criteria for holding officers personally responsible
Holding departments accountable for their officers' misconduct
Establishing guidelines for compensatory damages in civil rights cases

These updates aim to create a stronger framework for monitoring and addressing officer behavior.

Officer Misconduct Database

In addition to liability changes, the Act introduces a National Police Misconduct Registry, centralizing misconduct data to improve accountability. This database will:

Require departments to submit misconduct records within 30 days
Mandate database checks before hiring officers
Provide public access to selected entries for greater transparency
Track repeat offenders and highlight systemic issues

The registry will include detailed records on:

Use of force incidents
Officer-involved shootings
Complaints of racial profiling
Due process violations
False arrests

New Standards for Prosecution

The Act revises Section 242 of Title 18, replacing the "willfulness" standard with a "recklessness" standard to make it easier to hold officers accountable.

Key changes to the prosecution framework include:

Using "recklessness" as the new standard for misconduct
Expanding the definition of "death resulting" to include indirect causes
Clarifying excessive force guidelines
Increasing penalties for civil rights violations

This updated standard allows for prosecution when officers should have known their actions would likely violate constitutional rights.

Banned Police Practices

The George Floyd Justice in Policing Act outlines clear restrictions on certain police tactics deemed dangerous or potentially life-threatening. These measures aim to prevent excessive force and safeguard civil rights during interactions with law enforcement.

Chokehold Ban

The Act enforces a federal ban on chokeholds and carotid holds by law enforcement. This includes:

Any restraint that limits breathing
Pressure on the throat that obstructs airflow
Techniques that restrict blood flow to the brain

Police departments are required to revise their use-of-force policies to reflect this ban. Violations can lead to disciplinary actions and even criminal charges.

No-Knock Warrant Restrictions

The Act imposes strict limits on no-knock warrants. Officers must:

Demonstrate probable cause that announcing their presence would pose a safety risk
Obtain judicial approval specifically for no-knock entry
Wear clearly marked uniforms and body cameras
Wait at least 30 seconds after announcing their presence before forcing entry

Departments must also keep detailed records, including:

All no-knock warrant requests (both approved and denied)
Results of executed no-knock warrants
Any injuries or property damage caused during these operations

Use-of-Force Guidelines

The Act establishes clear rules for using force, emphasizing de-escalation as the first approach. Key points include:

Physical force should only be used as a last option, after issuing verbal warnings and trying all reasonable alternatives
Only the minimum force necessary should be applied to achieve lawful objectives
Officers must provide verbal warnings before using force

Every use of force must be documented, explaining:

Why de-escalation efforts failed
The specific threats that required force
How the level of force matched the threat
Steps taken to reduce harm

The guidelines also require officers to provide immediate medical care to anyone subjected to force and mandate a supervisory review of each incident within 24 hours.

These changes mark a shift in policing practices, focusing on public safety while ensuring accountability in law enforcement.

Required Reporting and Records

The George Floyd Justice in Policing Act introduces mandatory reporting requirements to improve transparency and accountability. These guidelines establish consistent documentation practices across all jurisdictions, forming the foundation for the Act's goals.

Force Incident Reports

Law enforcement agencies must document every use-of-force incident in detail and submit reports to federal authorities within 24 hours. These reports need to include:

The reason for police contact
Details about de-escalation efforts
The level of force used
Any injuries sustained
Availability of body camera footage
Witness statements
Supporting evidence

Departments are required to keep these records for at least 20 years. This long-term data helps identify trends and informs future reforms.

Public Misconduct Records

The Act eliminates confidentiality agreements that previously hid officer misconduct records. Transparency measures include:

A publicly accessible national database of police misconduct
Reporting all disciplinary actions
Public disclosure of investigation results
Documentation of officer transfers between departments
Records of civilian complaints and their resolutions

Departments must update these records within 30 days of any new incidents or findings. The public can access this information through a standardized online portal.

Stop and Search Data

To address potential bias in policing, the Act requires detailed documentation of all stops, searches, and arrests. This includes:

Demographics of individuals stopped
Location and duration of encounters
Reason for the stop or search
Items seized or found
Outcome of the interaction

The data must be reviewed quarterly to identify:

Racial disparities in enforcement
Geographic trends in police activity
Effectiveness of search practices
Effects on different communities

Departments that fail to comply face potential funding cuts and increased federal oversight. This detailed documentation system is designed to promote greater transparency and accountability in law enforcement.

Officer Training Requirements

The George Floyd Justice in Policing Act outlines steps to improve officer training, aiming to reshape police practices and reduce misconduct through standardized education.

Bias and De-escalation Training

Officers are required to undergo training on implicit bias, cultural awareness, de-escalation strategies, and responding to mental health crises. Agencies must keep records of participation and evaluate how effective the training is.

Officer Intervention Rules

The Act requires officers to step in if they witness excessive force or misconduct by a colleague. They must also report and document these incidents immediately.

Department Standards

Police departments are tasked with creating training programs that align with the Act's goals. They must keep thorough records of training sessions and update their practices regularly, incorporating new standards and community input.

Next Steps for Reform

The Act introduces key measures aimed at advancing police accountability, including a national misconduct database, updated training protocols, and better reporting technology. Police departments are expected to align their policies with these changes, signaling a shift in accountability standards.

Community involvement is a central focus, with regular meetings designed to gather direct feedback. These efforts will be evaluated for concrete improvements in transparency and accountability.

Sustained progress relies on measurable outcomes, such as:

Lowering the number of use-of-force incidents
Improving transparency in misconduct investigations
Enhancing documentation of police-community interactions
Strengthening officer accountability overall

To ensure these reforms lead to real change, progress will be closely monitored. American Muckrakers will track developments and keep the public updated on the outcomes of these initiatives.