LEGISLATION SEEKS TO EXPAND POWER OF STATE ATTORNEYS GENERAL

Congresswoman Robin Kelly has introduced legislation that would expand the authority of State Attorneys General to investigate unconstitutional patterns or practices in law enforcement agencies in their states. Photo courtesy of Congresswoman Robin Kelly
Congresswoman Robin Kelly has introduced legislation that would expand the authority of State Attorneys General to investigate unconstitutional patterns or practices in law enforcement agencies in their states. Photo courtesy of Congresswoman Robin Kelly

Legislation seeks to expand power of State Attorneys General

BY TIA CAROL JONES

Congresswoman Robin Kelly has introduced the State Attorneys General Empowerment Act (H.R. 7536) to expand the power of state Attorneys General to investigate and resolve unconstitutional patterns and practices by law enforcement agencies within their states. Congressman Danny Davis is a co-sponsor of the legislation.

Kelly said when George Floyd died, she had a conversation with Illinois Attorney General Kwame Raoul. They discussed State Attorneys General and “pattern or practice.” According to the Department of Justice, “pattern or practice” means that the defendant has a policy of discriminating, even if the policy is not always followed.”

“I called him [Raoul] to pick his brain of how the law can be more helpful to Attorney Generals,” Kelly said. “He’s where I got the idea from.” Kelly and Raoul both served in the Illinois state legislature, Kelly as state representative and Raoul as state senator. Kelly said this legislation is important now because State Attorneys General have experience with this issue.

“They should be given the power, the authority to investigate police departments that have a history of excessive force by policing and other unconstitutional practice[s],” she said. “I think that they are the agency that should have the ability to investigate.” Kelly said some State Attorneys General do have this authority and some do not and that is why federal legislation is necessary.

This would provide a State Attorneys General access to the federal courts which have the expertise to deal with these issues, under the same powers as the Department of Justice.

Kelly said if the legislation is established federally, it is a model that could work and the Attorneys General think it could work too. She said it is for everybody, both Democratic and Republican State Attorneys General across the country.

She also talked about the companion legislation, H.R.7120, the George Floyd Justice in Policing Act, which was introduced by Congresswoman Karen Bass in June. Kelly said both pieces of legislation are meant to improve policing in the United States. “If we can pass the George Floyd Justice in Policing [Act], they will help us oversee [that] these police departments follow what they should follow and hopefully, we’d like to think the majority of police departments do follow [the right policies], but for the ones that don’t, this is an extra tool in this toolbox to make sure they do, or at least have the authority to investigate,” she said.

Raoul was one of 17 State Attorneys General to send a letter to congressional leaders. In that letter, the State Attorneys General requested an expansion of the Violent Crime Control and Law Enforcement Act to enable State Attorneys General to have pattern or practice authority.

“Meaningful police reform means attacking the decades-old, systemic unconstitutional policing in communities around the country, instead of taking a piecemeal approach that seeks to get rid of a few ‘bad apples.’ The status quo is not and has not been working for too long,” Attorney General Kwame Raoul said. “In Illinois, I am engaging in conversations with heads of law enforcement agencies and other stakeholders to discuss measures that will ensure professionalism, accountability, and transparency within police departments. We also need action at the federal level, which is why it is crucial that Congress supports our state efforts to restore trust between the community and hardworking law enforcement by enacting the real police reform people around Illinois and the nation are demanding.”

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