Law, Justice and Ethics (LJE) Policy Committee

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Resolution LJE-16-02

STUDYING THE CAUSES OF VIOLENCE AND VIOLENT CRIME

WHEREAS, we have seen violence and violent crimes tear apart our communities across the country;

WHEREAS, violent crime not only bears an emotional cost but a physical cost;

WHEREAS, violent crime costs Americans nearly $200 billion per year, including $46 billion in direct costs and nearly $156 billion in indirect costs according to the Center for American Progress;

WHEREAS, children exposed to violence and crime experience lasting physical, mental, and emotional harm;

WHEREAS, an understanding of the root causes of violence and violent crime will help us find ways to prevent such acts from occurring; and

WHEREAS, it will require the input of numerous and varied stakeholders including but not limited to educators, law enforcement officers, psychiatrists, psychologists, prosecutors, religious leaders, neighborhood leaders, economists, criminologists, and parents.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) study the cause of violence and violent crime across the country and develop solutions in order to reduce said violence in our communities; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials as appropriate.

SPONSOR: Senator Lonnie Randolph (IN)
Committee of Jurisdiction:
Law, Justice, and Ethics Policy Committee
Certified by Committee Co-Chairs:
 Senator Arthenia Joyner (FL) and Representative Reginald Meeks (KY)
Ratified in Plenary Session:
Ratification Date is December 4, 2015
Ratification is certified by:
Senator Catherine Pugh (MD), President

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Resolution LJE-16-10

NBCSL SUPPORTS TRAINING THAT FOSTERS POSTIVE INTERACTION BETWEEN DRIVERS AND LAW ENFORCEMENT

WHEREAS, the instances of violence occurring during traffic stops is a growing concern for citizens;

WHEREAS, according to the Bureau of Justice Statistics, black drivers were three times as likely as white drivers to be searched during a traffic stop in 2008;

WHEREAS, studies show people of color are much less likely than whites to say officers acted properly at a traffic stop;

WHEREAS, it is essential that this nation prevent, to the extent possible, the loss of another innocent life in such encounters; and

WHEREAS, states such as Tennessee, Rhode Island, and Illinois, offers a unique approach to this issue with legislation seeking to improve mutual understanding between drivers and law enforcement and to save lives.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) supports legislation and initiatives geared toward fostering a mutual understanding of the rights and responsibilities of drivers and law enforcement personnel;

BE IT FURTHER RESOLVED, that the NBCSL encourages states to examine models which focus on recording interactions between law enforcement and citizens and adopt versions suitable to their own jurisdictions; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials as appropriate.

  • SPONSOR: Representative Larry J. Miller (TN)
  • Committee of Jurisdiction: Law, Justice, and Ethics Policy Committee
  • Certified by Committee Co-Chairs: Senator Arthenia Joyner (FL) and Representative Reginald Meeks (KY)
  • Ratified in Plenary Session: Ratification Date is December 4, 2015
  • Ratification is certified by: Senator Catherine Pugh (MD), President
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Resolution LJE-16-17

RESOLUTION ON PROHIBITING HAZING ACTIVITIES FOR FRATERNITIES AND SORORITIES

WHEREAS, the National Black Caucus of State Legislators (NBCSL) recognizes the principles of integrity, human dignity, and the work of all individuals;

WHEREAS, the NBCSL members believe in the principles of the fraternity and sorority movement;

WHEREAS, Hazing is defined as any intentional, knowing, or reckless act, occurring on or off a college or university campus, by one person alone or acting with others, that subjects an individual to an unreasonable risk of physical, mental, racial, emotional or academic harm for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization;

WHEREAS, national Fraternity and Sorority organizations have lobbied State Legislatures and Capitol Hill opposing hazing in any form; and

WHEREAS, national Fraternity and Sorority organizations support using resources available to educate its members on hazing and seek to foster mutual accountability and compliance among the organizations.

THEREFORE BE IT RESOLVED, that Fraternity and Sorority organizations shall continue to encourage their members to be culturally sensitive and to participate in activities which promote high scholastic achievement, sisterhood, brotherhood, loyalty and leadership and shall continue to affirm sound values and the worth of every member working together to accomplish organizational goals and serve the community;

BE IT FURTHER RESOLVED, that the NBCSL urges legislation at the State level of government authorizing Fraternities and Sororities members with law enforcement backgrounds to implement a program that will allow those members to serve as an immediate liaison to colleges and universities in assisting other law enforcement jurisdictions in investigating and resolving allegations of hazing.  Members of fraternities and sororities with law enforcement backgrounds will serve as a resource to Local and State law enforcement in the investigation of improper activity; and

BE IT FINALLY RESOLVED, that the National Black Caucus of State Legislators (NBCSL) makes copies of this resolution available for distribution to the President of the United States, as well as members of the Congressional Black Caucus, members of the National Pan-Hellenic Council, all states’ legislative leadership, and other state and federal government officials as appropriate.

  • SPONSOR: Representative Alan Williams (FL)
  • Committee of Jurisdiction: Law, Justice, and Ethics Policy Committee
  • Certified by Committee Co-Chairs: Senator Arthenia Joyner (FL) and Representative Reginald Meeks (KY)
  • Ratified in Plenary Session: Ratification Date is December 4, 2015
  • Ratification is certified by: Senator Catherine Pugh (MD), President
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Resolution LJE-16-22

SUPPORTING THE “#AUTOERASE” INITIATIVE TO ERASE WRONGFUL ARREST RECORDS FOR MISTAKEN IDENTITY OR IDENTITY THEFT

WHEREAS, many people believe if they are released after being mistakenly arrested and the charges  were dropped or dismissed without any court date being set that they no longer have an arrest record;

WHEREAS, even in cases of a mistaken arrest, the damaging documents are not automatically removed;

WHEREAS, hundreds of thousands of innocent Americans who are mistakenly arrested because of mistaken identity or identity theft are still haunted by arrest records;

WHEREAS, an arrest record can ruin an innocent individual’s chance to get into college, or secure employment, loans and housing;

WHEREAS, a study conducted by the Department of Labor found only 15 percent of youth who had been arrested by the age of 23 purchased a home, 21 percent lived below the poverty line at age 25 and only 14 percent had a college degree;

WHEREAS, an arrest record is an ugly stain for law-abiding citizens, who in some cases, found themselves arrested for circumstances beyond their control;

WHEREAS, when an individual answer questions about an arrest on a job application, fewer than 58 percent of employers allow candidates to explain their arrest;

WHEREAS, the process to remove an arrest record can cost an innocent individual an average of $5,000 and can take a significant amount of the individual’s time;

WHEREAS, an arrest record can only be removed if the local court system notifies the Federal Bureau of Investigation (FBI) it should be taken out of the file; and

WHEREAS, the prevalence of private websites that share mug shots works against individuals trying to clear the arrest from their records.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) applauds the nationwide effort of the ”#AUTOERASE” Campaign to bring awareness to the lasting impact of arrests that occur as a result of identification or identity theft;

BE IT FURTHER RESOLVED, that the NBCSL calls on all local, state, and federal agencies to automatically erase and destroy all information pertaining to arrest records of innocent individuals arrested as a matter of law, immediately after the innocent individual is no longer being detained by the arresting agency, and ensure the arrest record appears in no local, state or federal agency’s database;

BE IT FURTHER RESOLVED, that the NBCSL calls on the United States Congress, states and localities to, under such circumstances indicated above, to insure that an innocent individual’s record appears as it did before the wrongful arrest occurred, at no expense or actions required by the innocent individual that was wrongfully arrested;

BE IT FURTHER RESOLVED, that the NBCSL supports that, under such circumstances, the innocent individual can proceed in the future and be legally and factually allowed to deny the arrest under ALL circumstances, on any local, state, federal, corporate, or private form, including but not limited to, applying for a state-issued professional license, applying for a law-enforcement job, applying for a federal / national security clearance, applying for a school-related job, buying a firearm or applying for a concealed carry permit, running for public office, or candidate for state bar; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials as appropriate.

  • SPONSORS: Representative Ken Dunkin (IL), Senator Floyd McKissick (NC), Representative John Richard King (SC), Representative Alan Williams (FL), and Senator Holly J. Mitchell (CA)
  • Committee of Jurisdiction: Law, Justice, and Ethics Policy Committee
  • Certified by Committee Co-Chairs: Senator Arthenia Joyner (FL) and Representative Reginald Meeks (KY)
  • Ratified in Plenary Session: Ratification Date is December 4, 2015
  • Ratification is certified by: Senator Catherine Pugh (MD), President
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Resolution LJE-16-30

RESOLUTION ON CREATING NATIONAL REGISTER FOR REPORTING THE AGGREGATION OF MISCONDUCT OF LAW ENFORCEMENT OFFICERS

WHEREAS, the National Black Caucus of State Legislators (NBCSL) believes it is imperative that an effective system of law enforcement is vital to both the continued development of a community and its livability;

WHEREAS, a relationship of trust and respect between law enforcement and citizens is vital to maintaining an effective law enforcement system;

WHEREAS, there has been several reports on law enforcement officers who have escaped or overcome disciplinary action in spite of allegations of severe misconduct;

WHEREAS, the Chicago Tribune conducted an analysis and found that nearly 60 percent of all complaints against police officers were thrown out without being fully investigated because of failure to sign required affidavits;

WHEREAS, a national register would effectively treat law enforcement professionals who have the power to make arrests, perform searches and use deadly force the way states’ licensing laws treat other professionals; and

WHEREAS, expanding this system will ensure national and standardized reporting to assist in ensuring that officers who have lost their certifications for misconduct are not easily hired in other law enforcement jurisdictions.

THEREFORE BE IT RESOLVED, a national registry that is accessible to all law enforcement agencies should be created that requires each state to register and report the names of law enforcement officers that have committed misconduct and are fired or resign from a position during or after an investigation based on malfeasance, misfeasance, or nonfeasance of duty;

BE IT FURTHER RESOLVED, that the National Black Caucus of State Legislators (NBCSL) supports and recognizes the importance of enacting laws to properly report misconduct of law enforcement officers and increase the effectiveness of law enforcement officers oversight that is vital to prevent erosion of trust and confidence in law enforcement systems;

BE IT FURTHER RESOLVED, that the NBCSL encourages the U.S. Department of Justice, through the Office of Community Oriented Policing Services, to partner with the International Association of Directors of Law Enforcement Standards And Training (IADLEST) to expand its national decertification index to serve as the national register of decertified officers with the goal of covering all agencies within the united states and its territories; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of The United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials as appropriate.

  • SPONSOR: Representative Alan Williams (FL)
  • Committee of Jurisdiction: Law, Justice, and Ethics Policy Committee
  • Certified by Committee Co-Chairs: Senator Arthenia Joyner (FL) and Representative Reginald Meeks (KY)
  • Ratified in Plenary Session: Ratification Date is December 4, 2015
  • Ratification is certified by: Senator Catherine Pugh (MD), President
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