S. 3804: Under Color of Law Accountability Act

This bill, known as the Under Color of Law Accountability Act, proposes to amend existing federal law to create specific penalties for law enforcement officials who misuse their authority by using excessive force, committing theft, or engaging in obstruction of justice. It includes several key sections:

Prohibiting Excessive Force

The bill makes it illegal for individuals acting under color of law (i.e., law enforcement and government officials) to intentionally cause bodily harm through excessive force. This includes:

• Knowing that the force is excessive or disregarding a substantial risk that it is excessive.
• Using firearms to cause death or injury when it is known that such use constitutes excessive force.
• Failure to intervene in a situation where excessive force is being applied, if the person has a duty and opportunity to stop it.

The penalties for violating these provisions can include fines and imprisonment for up to 10 years, with more severe penalties (up to 30 years) for offenses involving serious bodily harm, kidnapping, or death.

Prohibiting Theft

The bill also criminalizes the theft of money, personal property, or controlled substances by government officials acting under color of law. Specifically, it is illegal for such officials to:

• Convert property for personal use that was obtained from individuals in custody or during law enforcement actions.
• Takes items with the intent to convert them for personal use without having the legal right to do so.

Penalties for theft can involve fines or imprisonment depending on the value of the property taken.

Prohibiting Obstruction of Justice

The bill targets actions that obstruct the legal process, such as:

• Destroying or concealing evidence related to offenses.
• Using physical force or threats to prevent people from recording law enforcement activities.

Violators of these provisions may face fines and imprisonment of up to 20 years, especially if their actions result in death.

Limiting the Statute of Limitations

The bill states that there is no time limit for prosecution if the offense results in death. For other offenses, charges must be brought within seven years.

Definitions

The bill provides definitions for several terms, including "excessive force," "bodily injury," and "controlled substance," to ensure clarity regarding the offenses being addressed.

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