WHEREAS, the International Association of Chiefs of Police is dedicated to the timely and effective administration of justice in America; and,

WHEREAS, the IACP is further dedicated to supporting appropriate federal legislation which seeks to improve the administration of justice; and,

WHEREAS, forensic sciences are a key element in the timely and fair administration of justice through the solving of crimes and the explanation of death; and,

WHEREAS, in spite of overall reductions in reported crime, the success of forensic sciences in solving crime and explaining death has resulted in significant increases in demand for these services; and,

WHEREAS, forensic sciences are instrumental in the successful apprehension and prosecution of thousands of criminals each year as well as the exoneration of innocent citizens; and,

WHEREAS, at least 90% of the nation’s forensic science services are delivered at the local and state government level; and,

WHEREAS, due to significant under-funding, forensic science laboratories at the local and state level nationwide are experiencing major backlogs which severely threaten the timeliness of quality examinations critical to solving crimes and explaining deaths; and,

WHEREAS, this under-funding also severely limits local and state forensic science laboratories’ attempts to acquire the necessary advanced technology, recruit and train qualified scientists, and upgrade facilities; and,

WHEREAS, this under-funding is also a major barrier in attempts by local and state forensic science laboratories efforts to ensure optimum quality by achieving professional accreditation; and,

WHEREAS, this inability of state and local laboratories to keep pace with increased service demands and fully meet quality assurance requirements pose a substantial threat to the timely administration of justice; now, therefore be it,

RESOLVED, that the International Association of Chiefs of Police, at its 104th Annual Conference in Orlando, Florida fully supports and strongly encourages the passage of the National Forensic Sciences Improvement Act, which will provide grants to existing local and state forensic laboratories to improve productivity, quality measures, overall operation and achieve professional certification based on generally accepted forensic science performance standards, common definitions, and protocols.

WHEREAS, air support is a vital component of police operations; and, WHEREAS, hundreds of law enforcement agencies at the local, state and federal level operate aircraft; and, WHEREAS, in 1994 the United States Congress passed and the President signed Public Law 103-411, which severely restricted law enforcement’s ability to effectively utilize aircraft in legitimate law enforcement missions; and, WHEREAS, the stated purpose of P.L. 103-411 was the promotion of aviation safety yet of P.L. 103-411 accomplished no appreciable gain in aviation safety; and, WHEREAS, restrictions on the sharing of aviation resources imposed by P.L. 103-411 has resulted in reduced public safety and is poor fiscal and public policy; and, WHEREAS, the National Sheriff’s Association, Airborne Law Enforcement Association and many other associations representing public aircraft operators support legislation that would correct P.L. 103-411; and, WHEREAS, H.R. 1521, the Public Services Aviation Act of 1997; is currently before Congress , and WHEREAS, H.R. 1521 corrects the deficiencies of P.L. 103-411; now, therefore be it, RESOLVED, that the International Association of Chiefs of Police supports the passage and enactment of H.R. 1521, the Public Services Aviation Act of 1997 or its equivalent; and be it further, RESOLVED, that the Executive Director or his designee be authorized to transmit a copy of this resolution to all interested parties including, but not limited to, members of the United States House of Representatives and the United States Senate.

WHEREAS, the exportation of stolen vehicles is an increasing problem despite applicable federal law and corresponding rules and regulations adopted by the United State Customs Service; and

WHEREAS, the inconsistency of restrictions among the states’ laws permits an individual involved in the illicit exportation of vehicles to export from the least restrictive state; now, therefor be it

RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 103rd annual conference in Phoenix, Arizona, recommend and adopt their strong support of more stringent exportation laws by all states from which vehicles are exported to international destinations;

FURTHER RESOLVED, that such state laws should, at a minimum:

• Require clear and unambiguous proof of ownership of the exported vehicle;
   
• Require that the owner of a vehicle subject to a lien produce proof of the lienholder’s permission to export the vehicle;
   
• Require verification of the vehicle identity by examination of the public VIN and at least one secondary VIN, by inspection, with costs paid by the exporter; and
   
• Require the title of the exported vehicle be surrendered and cancelled.

FURTHER RESOLVED, that the IACP recommends and adopts the State of Florida’s pending legislation regarding the “Certificate of Right of Possession Program,” as model legislation.

WHEREAS, the exportation of stolen vehicles is an increasing problem despite applicable federal law and corresponding rules and regulations adopted by the United State Customs Service; and

WHEREAS, the inconsistency of restrictions among the states’ laws permits an individual involved in the illicit exportation of vehicles to export from the least restrictive state; now, therefor be it

RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 103rd annual conference in Phoenix, Arizona, recommend and adopt their strong support of more stringent exportation laws by all states from which vehicles are exported to international destinations;

FURTHER RESOLVED, that such state laws should, at a minimum:

• Require clear and unambiguous proof of ownership of the exported vehicle;
• Require that the owner of a vehicle subject to a lien produce proof of the lienholder’s permission to export the vehicle;
• Require verification of the vehicle identity by examination of the public VIN and at least one secondary VIN, by inspection, with costs paid by the exporter; and
• Require the title of the exported vehicle be surrendered and cancelled.

FURTHER RESOLVED, that the IACP recommends and adopts the State of Florida’s pending legislation regarding the “Certificate of Right of Possession Program,” as model legislation.

WHEREAS, citizens who reside on Native American reservations should be able to expect and enjoy the same degree of personal security and freedom from crime that is afforded to other Americans who reside outside of the reservation: and WHEREAS, one of the greatest impediments to delivery of justice to victims of crime in Indian Country is a lack on investigative resources; and

WHEREAS, crime and juvenile delinquency rates within Indian Country in the Untied States are unacceptably high, and both the overall crime rate and the rate of alcohol-related crime are four times higher than the national average; and

WHEREAS, federal law enforcement services in Indian Country are currently provided primarily through the Bureau of Indian Affairs, supplemental in only the most serious felony investigations by the Federal Bureau of Investigation; and

WHEREAS, despite the commitment of both the Department of Justice and the Department of the Interior to improving the quality of justice and the quality of life in Indian Country, federal law enforcement in Indian Country is severely hampered by a lack of resources, diffuse priorities within the Department of the Interior and the Bureau of Indian Affairs, and annual assaults on the budget of the Bureau of Indian Affairs for reason unrelated to law enforcement; and

WHEREAS, although the establishment of professional line authority for Bureau of Indian Affairs criminal investigators has been a very positive development for federal law enforcement in Indian Country, uniformed tribal officers still report to civilian, non-law enforcement supervisors, who have multiple other responsibilities and priorities apart from law enforcement; and

WHEREAS, consolidation of the federal law enforcement function in one professional, exclusively law enforcement-oriented force under the Department of Justice would promote efficiency, effectiveness, responsiveness, and justice for both victims and offenders in Indian Country; now therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 103rd annual conference in Phoenix, Arizona, urges Congress to consolidate all federal law enforcement agencies providing services in Indian Country into one professional force to include uniformed officers as well as criminal investigators, to be known as the Federal Indian Police, and to be organized, funded, administered, and supervised under the direction of the Attorney General of the United States provided that such consideration shall in no way inhibit or prevent continued application for funding under customary PL 93-638 contracts or grants.

WHEREAS, the introduction of digitally-based telecommunications technologies, as well as the widespread use of computers and computer networks having encryption capabilities are facilitating the development and production of affordable and robust encryption products for private sector use; and

WHEREAS, on one hand encryption is extremely beneficial when used legitimately to protect commercially sensitive information and communications. On the other hand, the potential use of such encryption products by a vast array of criminals and terrorists to conceal their criminal communications and information from law enforcement poses an extremely serious threat to public safety; and

WHEREAS, the law enforcement community is extremely concerned about the serious threat posed by the use of robust encryption products that do not allow for law enforcement access and its timely decryption, pursuant to lawful authorization (court-authorized wiretaps or court-authorized search and seizure); and

WHEREAS, law enforcement fully supports a balanced encryption policy that satisfies both the commercial needs of industry for robust encryption while at the same time satisfying law enforcement’s public safety needs; and

WHEREAS, law enforcement has found that robust key-escrow encryption is clearly the best way, and perhaps only way, to achieve both goals of industry and law enforcement; and

WHEREAS, government representatives have been working with industry to encourage the voluntary development, sale, and use of key-escrow encryption in its pursuit of a balanced encryption policy; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 103rd annual conference in Phoenix, Arizona, supports and encourages the development and adoption of a key-escrow encryption policy, which we believe represents a policy that appropriately addresses both the commercial needs of industry while at the same time satisfying law enforcement’s public safety needs and that we oppose any efforts, legislatively or otherwise, that would undercut the adoption of such a balanced encryption policy.

WHEREAS, forty-two (42) states currently have laws allowing private citizens to carry concealed weapons for protection or employment, if the individual is not proven to be either a convicted felon or mentally incompetent and meets certain training requirements, and one (1) state allows any citizen to carry concealed weapons; and

WHEREAS, seven (7) states presently prohibit the carrying of concealed weapons by all private citizens; and

WHEREAS, there is an effort to liberalize state’s CCW laws by enacting federal legislation, which would pre-empt current state CCW laws, with the argument that citizens wish to carry guns for self-protection, further arguing that the arming of private citizens will result in dramatically lowering the national crime rate by deterring criminals from victimizing these law-abiding citizens; and

WHEREAS, a majority of law enforcement professionals and an overwhelming majority of Americans do not support this theory; and

WHEREAS, individual states differ greatly in their CCW permit eligibility requirements, such as gun training, gun proficiency, citizenship/residency status, background investigations, and other related matters; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 103rd annual conference in Phoenix, Arizona, opposes any federal legislative proposal(s) which would either pre-empt and/or mandate the liberalization of individual states’ CCW laws pertaining to the carrying of concealed weapons in other states without meeting that state’s requirements; and be it

FURTHER RESOLVED, that the IACP convey its position of opposition to any such federal pre-emption of state laws with regard to the issuance of CCW permits and/or licenses to private citizens, to all members of Congress, and to the federal and state officials.

WHEREAS, the majority of the states currently have laws regulating the carrying of concealed weapons by private citizens and law enforcement officials within their state; and

WHEREAS, active-duty police officers are specifically and extensively trained and retrained to efficiently and effectively utilize firearms in the commission of their duties to serve and protect the citizens and their communities; and

WHEREAS, all duly sworn law enforcement personnel should be permitted to carry concealed weapons in interstate commerce, pursuant to and consistent with their official and professional on-duty capacity established by law; and

WHEREAS, there is an effort to liberalize state’s CCW laws for law enforcement officials by enacting federal legislation, which would pre-empt current state CCW laws for private citizens and law enforcement officials; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 103rd annual conference in Phoenix, Arizona, opposes any federal legislation which would either pre-empt or mandate liberalization of individual states’ CCW laws pertaining to interstate carrying of concealed weapons by police officers while not serving in an official capacity; and be it

FURTHER RESOLVED, that the IACP convey its position of opposition to any such federal pre-emption of state laws with regard to the issuance of CCW permits and/or licenses to law enforcement officials, particularly former and retired officers, to all members of Congress, and to the federal and state officials.

WHEREAS, the lawful interception of telecommunications is one of the most valuable investigative tools available to law enforcement in identifying and crippling illegal drug trafficking organizations; and

WHEREAS, the telecommunications industry is developing progressively sophisticated systems, such as personal communications networks, advanced cellular, and integrated services digital networks, which have the capacity for high-speed simultaneous transmissions of video, voice, and data; and

WHEREAS, advances in telecommunications technology have adversely impacted court authorized interception of communications; and

WHEREAS, the Communications Assistance to Law Enforcement Act of 1994 (P.L. 103-414) (CALEA) clarifies the duty of telecommunications vendors to ensure the ability of government agencies to effectively implement interception orders, and ensures that the Federal Communications Commission will set relevant standards which will accommodate the need of government agencies to lawfully intercept communications; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 103rd annual conference in Phoenix, Arizona, fully supports the appropriation of funds sufficient to accomplish the research technology necessary for purposed of CALEA.

WHEREAS, excessive speed is undeniably a major contributing factor in crash losses both as a cause of many crashes, and by increasing the severity of crashes; and

WHEREAS, speed control is a vital part of efforts to assure the safety of all highway users; and

WHEREAS, the control of speeding violations is heavily dependent upon the electronic speed measuring devices used by law enforcement personnel; and

WHEREAS, speed measurement device detectors and jammers have no purposed other than to warn errant motorists of speed enforcement efforts; and

WHEREAS, speed measurement device detectors and jammers are used extensively to defeat law enforcement efforts; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 103rd annual conference in Phoenix, Arizona, urges each state legislature to enact legislation that would prohibit the use of any speed measurement device detector, or jammer, and that a copy of this resolution be forwarded to the National Conference of State Legislatures (NCSL).

WHEREAS, energy conservation, environmental protection, and occupant safety are all legitimate concerns in the manufacture of motor vehicles; and

WHEREAS, the fuel economy of motor vehicles is double that of twenty years ago; and

WHEREAS, emissions for motor vehicles have been reduced by 96 percent during that same time period; and

WHEREAS, federal motor vehicle safety standards, along with improvements in education and enforcement, have reduced the highway death toll by 30 percent during this period of time; and

WHEREAS, Congress is considering legislation that would freeze corporate average fuel economy standards at the current 27.5 miles-per-gallon for passenger cars and 20.7 miles-per-gallon for light trucks; and

WHEREAS, significant increases in fuel economy can only be accomplished through enormous reduction in the size and weight of vehicles; and

WHEREAS, Congress has consistently allowed larger and heavier commercial vehicles to ply our nation’s highways; and

WHEREAS, research has shown that as cars and light trucks are downsized, their occupants are less likely to survive traffic crashes without death or serious injury; and

WHEREAS, the occupants of police vehicles are especially likely to be involved in traffic crashes due to the nature of their duties; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 103rd annual conference in Phoenix, Arizona, urges Congress to freeze corporate average fuel economy standards at current levels until technological advances or other circumstances allow higher gas mileage standards without compromising highway safety.

WHEREAS, the prohibition on the importation of handguns as defined by ATF F 4590, that are not generally recognized as particularly suitable or readily adaptable to sporting purposes, often described as junk guns or Saturday night specials, has led to the creation of a high volume market for these weapons that are domestically manufactured; and

WHEREAS, traffic in this classification of handguns, as defined by ATF F 4590, Factoring Criteria for Weapons, constitutes a serious threat to public welfare and to law enforcement officers, and the use of such handguns is increasing; and

WHEREAS, this classifications of handguns are used disproportionately in the commission of crimes (used in 8 out of 10 crimes); and

WHEREAS, of the firearms traced in 1995, the three firearms most commonly used to commit crimes were within this classification of handguns; and

WHEREAS, the domestic manufacture, transfer, and possession of this classification of handguns should be restricted; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 103rd annual conference in Phoenix, Arizona, supports local ordinances, state, and federal legislation, which will prohibit the domestic manufacture, transfer, sale, and/or possession of this classification of handguns.