Law Enforcement Equality Reform

XXVIII

 

Section 1.

All state and local law enforcement (LE) officers, regardless of rank or position, will undergo a periodic review of performance every four years of service by an independent non-partisan board. Seats on the board will rotate every six years. The board must be composed of at least 12 people, but not more than 15, and only six can have had prior LE experience. One member must be a mental health expert at the MD or Ph.D. level. Two members will be selected from the public, similar to jury selection in the respective state. Officers who do not receive 2/3 support will be terminated. The U.S. Marshals will maintain a national registry of LE personnel who have been fired for misconduct or terminated by the boards. Officers fired for misconduct or terminated by the board shall be permanently banned from performing armed LE duties.

  1. Effective one year after ratification.

Section 2.

LE personnel shall reside in the communities or areas they police, and no more than 20% of an agency can reside outside of the city or area they patrol. This section will not affect any current LE personnel at the time of ratification. LE area(s) under 150,000 people, as determined by the census, will be exempt from this section.

  1. Effective one year from ratification.

Section 3.

No LE unions’ revenue, fees, or duties will be used to support any political candidate, nor will they endorse candidates for elected office. No individual holding any political office at the time of this ratification will be subject to this section.

  1. Effective on the 15th day of October following the ratification.

Section 4.

LE personnel fiscal year budgets cannot exceed the education budget of any city, village, municipality, or incorporated area. LE areas with no education budget are exempt from this section.

  1. Effective on the second budget cycle after ratification. 

Section 5. 

Federal laws and regulations on drugs and related activity shall hereby be repealed and void. State drug laws will remain in effect, except marijuana, THC, and hemp derivatives. All non-violent federal drug offenders will be released from prison within 12 months of ratification. Nothing shall be misconstrued to remove any authority from the Governor(s) of respective states to issue pardons. 

  1. Effective six months after ratification.

Section 6.

Calling, alerting, or signaling LE on anyone not committing a crime as defined by respective state law, shall be punishable by a fine of up to $10,000. If bodily harm results, the victim(s) will be allowed remedy, and the caller subject to criminal liability. Contacting LE for any suspicious non-criminal activity must be made via non-emergency numbers or means.

  1. Effective six months after ratification.

Section 7.

Stand your ground laws must have a non-aggression clause. 

  1. Effective six months after ratification.

Section 8.

No Knock warrants and raids are prohibited without exception. In no way shall this section be used to obstruct LE from actively pursuing a suspect who possesses an imminent threat to society from entering any place, dwelling, to include curtilage.

  1. Effective six months after ratification.

Section 9.

The rights, privileges, and immunities of citizenship shall be restored to all citizens regardless of prior incarceration status, without fees, taxes, or application. To include voting, subsidized housing, and government assistance, if applicable. States retain the right to restrict or prohibit violent offenders from owning, possessing, or transporting firearms. This section shall have no impact on Megan’s Law and will not be misconstrued to allow convicted sex offenders to work with minors.

  1. Effective six months from ratification.

Section 10. 

No citizen or immigrant, regardless of status or offense, shall remain confined over 180 days without a trial. The U.S. Supreme Court or State Supreme Courts are the only bodies authorized to extend confinement beyond 180 days without trial. No bail shall be required in any misdemeanor offense.

  1. Effective six months after ratification.

FAQs

Each section is proposed to address a specific concern with Law Enforcement. The amendment is not exhaustive as LEER is aware of other reforms that are needed. We support all meaningful solutions, whether it’s ending qualified immunity, banning specific use-of-force tactics, or demilitarizing the police. Our goal is to restructure policing at the national level and allow tactical decisions to be made by respective states or agencies concerned. Below is the rationale for each section and commonly asked questions.

Should we amend the Constitution for a few bad apples? 

The few bad apples are based on faulty logic, so we don’t examine the tree where the apples come from! A bad apple is an indication of a corrupt tree or poisoned orchard. Policing in America is a Tale of Two Cities. Charles Dickens said, “it was the best of times, it was the worst of times.” 

Can this plan work?

Yes! With your support. Article V of the Constitution requires 3/4 of the states to agree. That means 38 of the 50 states need to ratify before it becomes the law of the land. National attention and strong public support can expedite the process. The 22nd Amendment to repeal alcohol prohibition took only nine months for ratification.

Can the decisions of the boards be appealed?

Yes, each state can determine their own process for appeals.

Why do police need to live in the areas they police? 

Community policing is challenging when the police do not know or understand the community. The living requirement will provide the police with a stable link to the community.

How was the number 150,000 determined?

A lot of people live in small rural areas where the living requirement would not be practical, desirable, or cost-effective. The provision is primarily designed for large urban areas. Currently, there are approximately 200 cities where this section would be applicable.

Why can’t police unions support political candidates or make endorsements?

Endorsements create a conflict of interest policing should be non-partisan. Backing candidates can shield police from accountability and make prosecutors less likely to fix corruption.

Is it a good idea to void federal drug laws?

Absolutely! Article I, section 8 of the Constitution gives Congress no authority to prohibit drugs. The Constitution had to be amended to prohibit alcohol because it was outside of the scope of Congress’s power. Drugs are no different; if the Federal government wants to outlaw drugs, they need to amend the Constitution. The 10th Amendment, allows states the right to create drug laws. Substance abuse and addiction are mental health problems and should not be treated using the correctional system. 

Who is Amy Cooper?

Amy weaponized 911 to have police arrest a peaceful bird watcher who just wanted her to leash her dog in an area where dogs were required to be on a leash. People like Amy are why Emmitt Till was lynched.

Who is Breonna Taylor?

Breonna was killed by police during a No-Knock warrant with outdated information.  None of the officers have been held accountable for her death. 

Who is Trayvon Martin?

Trayvon was stalked and murdered by George Zimmerman after he was told by police not to pursue. He was acquitted due to Florida’s stand your ground law. If the statute had a retreat or non-aggression clause, George would probably be in prison now. Instead, he signs packets of skittles for money. Skittles were the candy Trayvon had on him at the time of his execution.

What is a non-aggression?

No one can initiate or threaten any forceful interference with an individual or their property.

What are the benefits of restoring rights? 

Recidivism decreases when opportunities are open to released individuals. 

Who is Khalif Browder?

Khalif, a teenager, who spent approximately three years in prison without a trial, and most of the time, he was in solitary confinement. His alleged crime was stealing a backpack! Two years after being released and all charges dropped: Khalif committed suicide.

What happens to good cops?

Cariol Horne: fired for stopping an incident of police brutality.
Joe Crystal: fired for reporting fellow officers for police brutality.
Laura Schook: fired for exposing corruption in her department.
Shanna Lopez: fired for reporting an officer who was a sexual predator.
Sean Gannon: fired for reporting a fellow officer for rape.
Regina Tasca: fired for stopping an incident of police brutality.
The Blue Wall of Silence must be broken.

Will there be a good faith clause in the 911 section?

Yes, calls to report suspected criminal activity to 911 will only be subject to fines if there is wilful intent to do harm or malice.