Adopted at the 120th Annual Conference

Philadelphia, Pennsylvania

October 23, 2013

Support for Event Deconfliction Systems in Support of Officer Safety and Wellness

Submitted by: SafeShield Committee of the Division of State Associations of Chiefs of Police

SACOP.020.t13

WHEREAS, the safety and wellness of law enforcement officers has always been the top priority for the members of the International Association of Chiefs of Police (IACP); and

WHEREAS, a simple yet invaluable practice that will support agency leadership in enhancing officer safety efforts and improving agency operations is event deconfliction; and

WHEREAS, event deconfliction is the process of determining whether law enforcement personnel are conducting an enforcement action (e.g., a raid, an undercover operation, surveillance, etc.) in proximity to one another during a specified time period; and

WHEREAS, to implement systematic deconfliction into agency operations, agencies should utilize one of three nationally recognized High Intensity Drug Trafficking Areas Program event deconfliction systems: Case Explorer, RISSafe™, or SAFETNet; and

WHEREAS, these systems are designed such that, at the outset of an event (such as conducting an undercover buy/bust, executing a search warrant, serving an arrest warrant, etc.), they will identify and provide immediate notification to personnel of potential conflicts with other law enforcement actions; and

WHEREAS, efforts are under way to interconnect the three systems to improve deconfliction between agencies, helping to further safeguard officers and improve information sharing between agencies; and

WHEREAS, event deconfliction supports and benefits agency personnel and public safety —including agency leadership, commanders and task force supervisors, detectives and investigators, analysts, line officers and citizens; and

WHEREAS, the IACP Division of State Associations of Chiefs of Police's SafeShield Committee's purpose is to identify problems and threats impacting officer safety and define solutions that incorporate improved policies, training, equipment, and uniforms; and

WHEREAS, the SafeShield Committee determined that information sharing policies for the purpose of event deconfliction will improve officer safety and embrace the IACP Center for Officer Safety and Wellness' position that no injury to or death of a law enforcement professional is acceptable; now, therefore, be it

RESOLVED, the membership of the IACP embrace and support event deconfliction in order to further the officer safety efforts of law enforcement leaders; and, be it

FURTHER RESOLVED, event deconfliction is most effective if all law enforcement agencies within a region routinely participate in event deconfliction; and, be it

FURTHER RESOLVED, agency leadership should partner with other law enforcement leadership in their jurisdiction, region, or state to discuss what system is most appropriate. The state or urban area fusion center should be included in this identification process, since many centers serve as event deconfliction watch centers; and, be it

FURTHER RESOLVED, upon identification of the appropriate deconfliction system, agency personnel should contact either the regional RISS or HIDTA Center to obtain access; and, be it

FURTHER RESOLVED, agency leadership should support training for agency personnel on how to use the deconfliction tool; and, be it

FURTHER RESOLVED, agency leadership should incorporate the use of the event deconfliction system into agency policies and procedures.

Adopted at the 120th Annual Conference

Philadelphia, Pennsylvania

October 23, 2013

Support for Creation of a Law Enforcement Uniform Injury Report

Submitted by: Division of State Associations of Chiefs of Police

SACOP.021.t13

WHEREAS, the safety and wellness of law enforcement officers has always been an issue of paramount importance for the members of The International Association of Chiefs of Police (IACP); and

WHEREAS, law enforcement leaders understand and accept their responsibility to provide officers with the necessary policies, training and equipment so as to mitigate the risks from all sources to the wellness and safety of all police officers; and

WHEREAS, the members of the International Association of Chiefs of Police determined that officer wellness and safety is a matter of vital concern to all police practitioners and leaders as well as communities served; and

WHEREAS, the IACP Division of State Associations of Chiefs of Police (SACOP) created the SafeShield initiative as an inclusive partnership with clearly defined critical goals to identify problems and threats impacting officer safety, and define solutions that incorporate improved policies, training, equipment, and uniforms; and

WHEREAS, the SafeShield initiative determined decreasing police disabilities and deaths required modifying the law enforcement culture away from common acceptance that police disabilities and deaths are an inevitable consequence of providing police services; and

WHEREAS, the membership of the IACP adopted a SACOP resolution, "A Vision for Officer Safety", that embraced the philosophy of the SafeShield Initiative and the vital role of law enforcement leaders in setting the tone to create an environment in which officer safety is the top priority of every department; and

WHEREAS, this resolution embodied the SACOP philosophy for officer safety which is zero officers killed or injured; and

WHEREAS, the SafeShield initiative evolved into a full spectrum officer safety effort under the auspices the IACP Center for Officer Safety and Wellness; and

WHEREAS, reaching the goals as set forth in both the SafeShield and IACP Center for Officer Safety and Wellness efforts requires timely and accurate data whenever a law enforcement officer's wellness or safety is threatened as a result of a near-miss or personal injury; and

WHEREAS, there is no central repository allowing for the collection, storage and analysis of data in regards to incidents wherein officers are involved in a near-miss or suffer personal injury; now, therefore, be it

RESOLVED, the membership of the IACP embrace and support the creation of a Uniform Injury Report to allow for the collection, storage and analysis of data by the IACP Center for Officer Safety and Wellness whenever an officer's wellness or safety is threatened by his or her involvement in a near-miss or suffers a duty related illness or injury; and, be it

FURTHER RESOLVED, preparation and submission of a Uniform Injury Report to the IACP shall be voluntary; and, be it

FURTHER RESOLVED, data collected shall contain no personal identifying information; and, be it

FURTHER RESOLVED, all data shall be the exclusive property of the IACP for their use to advance officer safety and wellness programs and shall not be shared with any regulatory body, organization or individual except as authorized by the IACP executive committee or otherwise required by law; and, be it

FURTHER RESOVLED, action to create, distribute and collect completed Uniform Injury Reports shall commence within one year following the date this resolution is adopted by the IACP membership.

Adopted at the 120th Annual Conference

Philadelphia, Pennsylvania

October 23, 2013

Resolution to seek Legislative Guidance for Access to Electronic Communications, Geolocation, and License Plate Reader Evidence

Submitted by: Police Investigative Operations Committee

PIO.022.t13

WHEREAS,in the digital age a growing percentage of available evidence in any criminal case exists in the digital crime scene, and law enforcement's ability to access electronic evidence quickly and reliably under the law is fundamental to our ability to protect the public and ensure justice for victims of crime; and

WHEREAS, the Electronic Communications Privacy Act (ECPA) governs law enforcement's access to electronic communications in the course of investigations; and

WHEREAS, several bills are pending in the United States Congress that would update the ECPA to require law enforcement to obtain a warrant for any communications content; and

WHEREAS, there is no requirement in current law for electronic communications service and remote computing service providers to respond in a timely fashion to lawful process requests by governmental entities; and

WHEREAS, historical geolocation evidence is crucial in locating wanted and missing persons, generating leads in criminal investigations, and ruling out innocent people; and

WHEREAS, requiring probable cause to get basic, limited information about a person's historical location would make it significantly more difficult to solve crimes and seek justice for victims; and

WHEREAS, license plate reader (LPR) technology and data – including privately collected data that is months and years old – are routinely helping law enforcement solve crimes and recover missing people; and

WHEREAS, several states and municipalities have passed laws and policies that limit law enforcement use of LPR technology and data and may have unintended consequences on the ability of investigators to discover important evidence and save lives; and

WHEREAS, the IACP passed a resolution in 2007 supporting the use of LPR technology, and has published comprehensive guidance for agencies considering the development of LPR policies; now, therefore, be it

RESOLVED, thatany change in laws governing access to electronic and geolocation evidence should be accompanied by provisions that ensure accountability and prompt response by service providers to legitimate law enforcement requests for evidence; and, be it

FURTHER RESOLVED, that state and federal policy makers should ensure law enforcement's ability to obtain non-GPS geolocation evidence with a showing of less than probable cause; and, be it

FURTHER RESOLVED, that the International Association of Chiefs of Police (IACP) supports the adoption of policies that encourage responsible use of LPR technology and data by law enforcement agencies; and, be it

FURTHER RESOLVED, that state and federal policy makers should take steps to strengthen privacy protections while ensuring the ability of law enforcement to collect LPR data and access historical and privately collected LPR data to support investigations.

Background Information: The Police Investigative Operations Committee believes it is vitally important that the IACP be heard on issues surrounding Law Enforcement and Digital Evidence. Guiding legislation is essential to ensure law enforcement's ability to have access and utilize digital evidence.

The members of the PIO Committee, who have been working on this issue, with the support of their tech people, had originally discussed submitting numerous resolutions but instead we tried to cover the basics with one.

Adopted at the 120th Annual Conference

Philadelphia, Pennsylvania

October 23, 2013

Recognition of Law Enforcement Concerns in Immigration Reform Discussion

Submitted by: Division of State Associations of Chiefs of Police

SACOP.t0024.2013

WHEREAS, proposals to reform the immigration system and polices of the United States are under consideration by federal elected officials; and,

WHEREAS, this national issue is really a very local one, and local police leaders face a growing set of immigration-related duties in the face of scarce and narrowing resources.

WHEREAS, immigration and border security issues directly impact on the safety of communities and the security of the Nation; and,

WHEREAS, for these reasons, it is imperative that the views and concerns of the law enforcement community be addressed as part of any reform efforts; and,

WHEREAS, it is important that the views and concerns of the law enforcement community be addressed. For example, issues related to illegal or undocumented immigrants are of particular importance because these undocumented immigrants can create a significant volume of calls for service or police action, and there is no way for the police to estimate or budget resources for this unquantifiable service demand; and,

WHEREAS, when an illegal immigrant is the victim of a crime, local police must deal with several issues, the immigration status of the victim, the victimization of the individual, and the crime itself; and,

WHEREAS, immigration enforcement by state and local police could have a chilling effect in immigrant communities and could limit cooperation with police by members of those communities; and,

WHEREAS, Law enforcement agencies depend on the cooperation of immigrants, legal and illegal, in solving all sorts of crimes. Enforcement of immigration by state and local police could cause distrust and drive a wedge between the community and their law enforcement agency; and, now therefore be it

Resolved, that as our elected officials deliberate on changes to the immigration policies of the United States, the International Association of Chiefs of Police urges them to recognize and address the needs and concerns of the law enforcement community.

Adopted at the 120th Annual Conference

Philadelphia, Pennsylvania

October 23, 2013

Opposition to the Legalization of Marijuana by States for "Recreational" Purposes

Submitted by: Narcotics & Dangerous Drugs Committee & the Division of State Associations of Chiefs of Police

NDD.t0025.2013

WHEREAS, by passage of the Controlled Substances Act over forty years ago Congress made the judgment that marijuana is a schedule I controlled substance under the Act; and

WHEREAS, by its placement of marijuana within schedule I, Congress additionally has determined that marijuana has a high potential for abuse, has no currently accepted medical use in treatment in the United States, and has a lack of accepted safety for use of the substance under medical supervision; and

WHEREAS, the Food and Drug Administration has evaluated the scientific evidence repeatedly and has determined that marijuana has no safe and effective medical use, and therefore, marijuana must remain classified as a schedule I controlled substance; and

WHEREAS, Colorado and Washington legalized marijuana for "recreational" use in November 2012; and

WHEREAS, the Colorado and Washington marijuana legalization laws are in clear conflict with the Federal Controlled Substances Act and the Supremacy Clause of the United States Constitution; and

WHEREAS, the International Narcotics Control Board determined that the enactment by Colorado and Washington of marijuana legalization laws is in violation of international drug control treaties; and

WHEREAS, Colorado and Washington's legalization of marijuana for "recreational" use, will be very harmful to the citizens of the states involved; and

WHEREAS, the National Institutes of Health's (NIH) National Institute on Drug Abuse (NIDA), has said that marijuana use distorts perceptions, impairs coordination, causes difficulty with thinking and problem solving, and disrupts both learning and memory; and

WHEREAS, NIDA has observed that with respect to workers, marijuana smoking is related to increased absences, tardiness, accidents, workers' compensation claims, and job turnover; and

WHEREAS, NIDA has recognized that "research from different areas is converging on the fact that regular marijuana use by young people can have long-lasting negative impact on the structure and function of their brains." With respect to those who begin smoking marijuana heavily in their teens, a loss of up to 8 IQ points can be suffered and that this loss in IQ will not be reversed by marijuana smokers who quit as adults; and

WHEREAS, NIDA has concluded that, contrary to popular belief, marijuana is addictive; and

WHEREAS, the Community Anti-Drug Coalitions of America (CADCA) wrote Attorney General Eric Holder and Deputy Attorney General James Cole on September 6, 2013 to express its extreme disappointment with the Justice Department's decision not to enforce federal law as it relates to marijuana legalization. In its letter, CADCA correctly observed that such a policy will have "dire social, economic, criminal justice and educational consequences, and will also endanger the welfare of youth in communities throughout the country;" and

WHEREAS, the Arrestee Drug Abuse Monitoring Program (ADAM) II annual report released by the White House Office of National Drug Control Policy (ONDCP) in May 2013 revealed that for the arrestees surveyed in 2012, the drug used most and detected in testing continued to be marijuana ranging from 37% in Atlanta to over 50 % in Chicago, New York, and Sacramento; and

WHEREAS, a 2012 survey conducted by Liberty Mutual Insurance and Students Against Destructive Decisions (SADD) concluded that many teens do not even consider marijuana use as a driving impairment. More than 1/3 of teens who have driven after using marijuana say the drug presents no distraction to their driving; and

WHEREAS, rates of teen admissions to treatment for marijuana as the primary drug of abuse have increased by 188.1% between 1992 and 2006, compared with a 54.4% decline in rates of teen admissions for all other substances combined; and

WHEREAS, an isolated number of individuals associated with the law enforcement community have expressed support for marijuana legalization and regulation. These individuals are sharing their personal views which do not reflect the experience or views of the law enforcement community as a whole. The IACP unequivocally opposes this position, which ignores the empirical evidence and fails to address the very real concern that legalization does not eliminate the illegal trafficking of marijuana but encourages marijuana use and drives users to seek a cheaper product in the illicit market; and

WHEREAS, the Major County Sheriffs' Association, the National Sheriffs' Association, the Association of State Criminal Investigative Agencies, the Major Cities Chiefs Police Association, and the National Narcotic Officers' Associations' Coalition understand the devastating effects that marijuana continues to have on our communities, and along with the IACP, oppose legalization of marijuana; and

WHEREAS, based upon the above, the empirical evidence demonstrates that marijuana is both detrimental to one's health and is directly tied to crime; and

WHEREAS, continued, effective drug control requires coordination between Federal, state, local and tribal entities, as well as meaningful consultation with representatives of the recognized law enforcement organizations during the development of policies that will have a national impact on state, local, and tribal law enforcement, drug control efforts; and

WHEREAS, the IACP strongly opposes the Department of Justice's policy decision to not take action against Colorado and Washington at this time. The Department of Justice's decision ignores the connection between marijuana and crime, enforcement problems created by trafficking marijuana across state, local and tribal borders, as well as the adverse economic and social costs that marijuana legalization will cause; and

WHEREAS, the Department of Justice's unwillingness to challenge state marijuana legalization policies except under very narrow circumstances makes it infinitely more difficult for state, local and tribal law enforcement officers to keep their neighborhoods and communities safe from marijuana trafficking and its associated violence; and

WHEREAS, the IACP memorialized its disagreement with the Department of Justice's policy decision, and its concern that the DOJ did not meaningfully consult with it and its member organizations prior to formulation of the policy; and accordingly does not appreciate the detrimental impact that its policies will have on state, local and tribal law enforcement; and therefore, be it

RESOLVED, that the IACP duly assembled at its 120^th Annual Conference in Philadelphia, Pennsylvania, in 2013, opposes the legalization of marijuana and urges the White House and Department of Justice to bring legal action to preempt the state marijuana legalization laws that conflict with federal law; and encourage federal prosecutors to enforce federal law concerning marijuana as Congress intended when it enacted the Controlled Substances Act.

WHEREAS, overdose rates for all drugs in the United States have more than tripled since 1990 and have never been higher; and

WHEREAS, 100 people die from all drug overdoses every day in the United States; and

WHEREAS, the Centers for Disease Control and Prevention has declared prescription drug abuse and its consequences an epidemic; and

WHEREAS, in 2010, enough opioid pain relievers were sold to medicate every adult in the United States continuously for one month, reflecting a 300% increase in the sales rate of opioid pain relievers over an 11 year period of time; and

WHEREAS, nearly 48,000 women died of prescription painkiller overdoses between 1999 and 2010; and

WHEREAS, more than 6,600 women, or 18 women every day, died from a prescription painkiller overdose in 2010; and

WHEREAS, more than 10,000 men died from a prescription painkiller overdose in 2010; and

WHEREAS, state and community-based programs play a significant role in protecting the public health and regulating health care and the practice of health professions, and are critical in reversing the prescription drug epidemic; and

WHEREAS, a number of tools are being used to combat prescription opioid overdoses, including: proper disposal of prescription drugs; decreasing the availability of opioids; providing real-time monitoring of the prescription of opioids; increasing the availability of substance abuse treatment; and providing education and training on overdose risk factors, signs and symptoms; and

WHEREAS, an increasing number of community-based programs are also encouraging the administration of naloxone hydrochloride, (hereinafter naloxone), an opioid antagonist, to help reverse the potentially fatal respiratory depression caused by overdoses due to heroin, morphine, oxycodone, methadone, hydrocodone, codeine and other opioids; and

WHEREAS, naloxone is a prescription drug, administered by intramuscular injection, which resuscitates a person whose breathing has slowed or stopped as a result of opioid use; and

WHEREAS, naloxone has no potential for abuse and causes no side effects in persons who have not taken an opioid. Naloxone does not give its users a high and is not addictive; and

WHEREAS, the American Medical Association, the American Public Health Association, and the United Nations Office on Drugs and Crime, in cooperation with the World Health Organization, have issued reports that support making naloxone available to first responders (such as police, firemen, and laypersons likely to be present when an opioid overdose occurs);

WHEREAS, since the first opioid overdose prevention program began distributing naloxone in 1996, a study concluded that these programs trained and distributed naloxone to 53,032 persons and received reports of 10,171 overdose reversals; therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP) duly assembled at its 120^th Annual Conference in Philadelphia, Pennsylvania, is concerned about the alarming rate of overdose deaths within the United States due to the abuse of opioid pain relievers, encourages greater awareness regarding trending painkiller abuse patterns as well as available tools, such as naloxone, that are effective in minimizing overdose deaths associated with opioid painkiller abuse.

Submitted by: Narcotics & Dangerous Drugs Committee

NDD.t0026.2013

WHEREAS, radio spectrum designated by the Federal Communications Commission (FCC) for public safety interoperability does not include eligibility for Police organizations operated by Class I, II, and II railroads; and

WHEREAS, railroad police officers who are certified and/or commissioned as a police officer under the laws of any state, in accordance with the regulations issued by the Secretary of the U.S. Department of Transportation and employed full time as a railroad police officer for a Class I, II, or III railroad, as defined by the U.S. Department of Transportation's Surface Transportation Board and recognized by the Federal Railroad Administration should be granted specific authority to hold license authorization on FCC frequencies reserved for public safety interoperability; and

WHEREAS, the First Responder Network Authority (FirstNet) has been issued a FCC license for 20 MHz of public safety broadband spectrum for the Nationwide Public Safety Broadband Network (NPSBN) in accordance with Public Law 112-96 enacted on February 22, 2012; and

WHEREAS, railroad police officers as described above should be designated as eligible users of the NPSBN to provide for improved nationwide public safety interoperability; and now, therefore, be it

RESOLVED, that the International Association Chiefs of Police strongly supports actions that seek to improve Railroad Police access to FCC Frequencies reserved for public safety interoperability as well as access to the FirstNet Nationwide Public Safety Broadband Network, and be it

FURTHER RESOLVED, that the International Association Chiefs of Police assembled at its 120th Annual Conference in Philadelphia, Pennsylvania, , hereby authorizes the IACP Communications & Technology Committee and the IACP Railroad Police Section to collaborate to represent the interests of the IACP in the furtherance of these improvements.

Submitted by: Communications & Technology Committee & Railroad Police Section

CTC.t0027.2013

WHEREAS, the Middle Class Tax Relief and Job Creation Act of 2012 (Public Law 112-96) was signed into law by the President on February 22, 2012 and created the First Responder Network Authority (FirstNet) as an independent authority within the National Telecommunications and Information Administration (NTIA) at the U.S Department of Commerce, and the Act directs FirstNet to establish a single nationwide, interoperable public safety broadband network; and

WHEREAS, there are benefits for the alarm industry and public safety if FirstNet authorizes the alarm industry to be a user of the FirstNet Nationwide Public Safety Broadband Network (NPSBN); and

WHEREAS, the use of the NPSBN by the alarm industry would be for premises alarm units at government facilities, business, and homes, to communicate alarm information through the NPSBN to participating central station alarm facilities. Typical signals would be burglar alarm, fire alarm, medical alarm signals, and other related signals. The verified alarm information would then be transmitted from the central station alarm facility to the Public Safety Answering Point (PSAP) using the Automated Secure Alarm Protocol (ASAP) or if ASAP is not available through the NPSBN. In some cases streaming video would be transmitted from the alarm premises to the central station alarm facility and could then, upon request, be relayed to the PSAP. The PSAP could then transmit the streaming video from the alarm premises to first responders using the NPSBN. The alarm industry would be substantially viewed as a "secondary user," of the NPSBN but with additional privileges as outlined below. In non-emergency periods, alarm industry users would in essence have the same unfettered usage as all other users. Alarm companies would benefit from their access to the reliable and secure FirstNet network and FirstNet would benefit from a negotiated monthly/annual usage fee from the alarm companies; and now, therefore, be it

RESOLVED, that the International Association Chiefs of Police assembled at its 120^th Annual Conference in Philadelphia, Pennsylvania strongly supports actions that seek to allow use by the Alarm Industry of the FirstNet Nationwide Public Safety Broadband Network.

Submitted by: Communications & Technology Committee

CTC.t0028.2013

Adopted at the 120th Annual Conference

Philadelphia, Pennsylvania

October 23, 2013

Support for NCS-X Feasibility Study

Submitted by Criminal Justice Information Systems Committee

CJIS.t0029.2013

Whereas, in 2012 the Bureau of Justice Statistics (BJS) announced its National Crime Statistics Exchange (NCS-X) initiative to study the feasibility of increasing participation in the Federal Bureau of Investigation's (FBI) National Incident-Based Reporting System (NIBRS) so that NIBRS will have the coverage to generate statistically-sound national estimates of crime known to law enforcement agencies;

Whereas, the NCS-X will be designed to expand participation in the FBI's existing NIBRS so that the resulting data can be used to produce detailed national estimates of crime known to law enforcement;

WHEREAS, the NCS-X is not being designed to replace or interfere with the Uniform Crime Reporting (UCR) or to establish a new and separate crime data system;

WHEREAS, the NCS-X anticipates increasing law enforcement agency participation in NIBRS through NCX-S by at least 400 agencies;

WHEREAS, because some agencies will elect not to participate in NIBRS, BJS will identify additional local, state, and tribal agencies that may elect to participate, thereby enabling NCS-X to reach the necessary minimum number of agencies required to produce national estimates of crime;

WHEREAS, BJS, along with other components within the Office of Justice Programs (OJP), will explore funding opportunities to support and encourage these selected agencies to begin their NIBRS reporting;

WHEREAS, BJS has committed to working together with the FBI and other organizations and advisory bodies to explore the feasibility of "enter once, use many" strategies, such as extracting NIBRS data from any agency's N-DEx (Law Enforcement National Data Exchange) submissions, a process that would not require agencies to enter data into each system independently;

WHEREAS, it is anticipated that NCS-X will provide more meaningful analytic information to law enforcement, policymakers and criminal justice planners on topics important in the 21st Century and will provide local, state, and tribal law enforcement along with state UCR programs with technology-based tools to analyze and compare data within NIBRS;

WHEREAS, the BJS has agreed to participate and collaborate with the CJIS Advisory Policy Board and law enforcement agencies and organizations in developing any new national picture of crime that is based on local law enforcement agency reports.

WHEREAS, the FBI and BJS have entered into an agreement consistent with the IACP CJIS Committee recommendations to the BJS;

WHEREAS, the BJS has committed to implementing a communications plan to provide a clear and consistent message regarding the feasibility study, the NCS-X, and the process being used;

WHEREAS, subject to budgetary constraints, BJS plans to make a substantial commitment each year from 2014 through 2016 to encourage selected local, state and tribal departments to provide incident level data to state UCR programs, to assist state UCR programs to handle this increased responsibility, and to cover some of the individual agency costs of participating in the national program; Therefore be it

Resolved, that the International Association of Chiefs of Police supports the BJS in conducting a feasibility study to implement the NCS-X.

Adopted at the 120th Annual Conference

Philadelphia, Pennsylvania

October 23, 2013

Opposition of Legislation Explicitly Allowing Force against Law Enforcement Officers under Expansions to the Castle Doctrine or Self-Defense Laws

Submitted by Firearms Committee

FIR.t0030.2013

WHEREAS, the right of self-defense and the right to defend one's home against invasion are well established in Common Law; and

WHEREAS, many states have a law that is called the Castle Doctrine which allows a person to defend his or her home with physical force if necessary, and there is no duty to retreat from the home even if one can do so in complete safety; and

WHEREAS, most states specifically exclude law enforcement officers and justified law enforcement actions from the application of any Castle Doctrine or self-defense laws; and

WHEREAS, expansions to the Castle Doctrine has the potential to negatively affect public health and the community's sense of safety by undermining prosecutorial and law enforcement efforts to keep communities safe as a result of expanding the realm in which violent acts can be committed with the justification of self-defense or defense of property; and

WHEREAS, laws granting citizens the use of force against law enforcement officers may cause mistaken justification and seriously jeopardize the safety of citizens who uses force or deadly force against law enforcement and of officers in the line of duty; and

WHEREAS, law enforcement officers place their safety on the line every day, our government and laws need to reflect our communities' support for the dangerous situations they routinely encounter and the important decisions that they make for the welfare of our neighborhoods; now, therefore be it

RESOLVED, that the International Association of Chiefs of Police, duly assembled at its 120^th Annual Conference in 2013, opposes any expansions to the Castle Doctrine or self-defense laws that explicitly allow force against law enforcement officers.

WHEREAS, the International Association of Chiefs of Police (IACP) is the world's largest membership organization of police executives that provides the professional voice of law enforcement and is comprised of numerous agencies that serve jurisdictions including closed communities such as the military, university, and college campuses; and

WHEREAS, the impact of sexual violence and rape on military, university, and college campuses impacts the psychological and emotional well-being of victims and corrupts the safety and security of these communities; and

WHEREAS, military, university and college campus law enforcement leaders must clearly establish community trust and effectively and comprehensively respond to reports of sexual assault by supporting a victim-centered approach towards those who experience sexual violence and a perpetrator-focused investigation to hold those who commit these offenses accountable; and

WHEREAS, the military, university and college campuses largely comprise these demographics and are linked in how they support social development, socialization and integration within each respective culture and environment; and

WHEREAS, the reporting of sexual assault on military installations[1] universities and college campuses is extremely low due to many factors[2], some of which include the trauma, shame, and self-blame victims may experience[3]; the fear of retribution and/or punishment by the perpetrator, supervisor, peers, and/or the criminal justice system; and the victim's concern that they may not be believed or even blamed for the assault[4]; and

WHEREAS, perpetrators of sexual assault may be predatory and serial in nature, target victims, and employ a variety of tactics to create victim vulnerabilities often facilitated with alcohol and drugs; isolate victims; use implied or overt threats, coercion, stalking tactics, and other behaviors to control victims[5]; and

WHEREAS, military, university and college campus law enforcement leaders must identify innovative tools and resources to effectively and collaboratively respond to sexual violence; develop strong, comprehensive response and investigative policies and procedures; provide current and comprehensive training and education on sexual violence to all department members and investigative personnel; create/collaborate with multi-disciplinary partnerships; and provide victims of sexual assault with resources, access to support, and a professional response; now, therefore, be it

RESOLVED, that the IACP duly assembled at its 121st Annual Conference in Orlando, Florida, calls upon law enforcement leadership in the military, universities, and colleges to partner with local and state law enforcement to prioritize efforts to address sexual violence and strengthen the response to these crimes that occur in these communities; and, be it

FURTHER RESOLVED, that the IACP fully supports the continued partnerships and collaborations among the military, university, college, and local policing agencies which are required to ensure the safety and security of our communities and hold perpetrators of sexual violence accountable in order to best serve those service members and students who place their trust in these institutions.

Submitted by: Defense Chiefs of Police Section and University/College Police Section

DEF.001.T14

[1] US Commission on Civil Rights. "Sexual Assault in the Military." Retrieved from:
http://www.usccr.gov/pubs/09242013_Statutory_Enforcement_Report_Sexual_Assault_in_the_Military.pdf (2013)

[2] "Sexual Violence on Campus" Prepared for US Senator Claire McCaskill by the U.S. Senate Subcommittee on Financial & Contracting Oversight - Majority Staff. Retrieved from: http://www.mccaskill.senate.gov/SurveyReportwithAppendix.pdf (2014)

[3] Fisher, Bonnie; Cullen, Francis; Turner, Michael. "The Sexual Victimization of College Women." Retrieved from: https://www.ncjrs.gov/pdffiles1/nij/182369.pdf

[4] Planty, Michael et al. "Female Victims of Sexual Violence, 1994-2010" Retrieved from U.S. Department of Justice,

Office of Justice Programs, Bureau of Justice Statistics website: http://www.bjs.gov/content/pub/pdf/fvsv9410.pdf

[5]Lisak, David. "Understanding the predatory nature of sexual violence." Retrieved from: http://www. innovations. harvard. edu/showdoc. html (2008).

Adopted at the 121st Annual Conference

Orlando, Florida

October 21, 2014

Support of the National Network of Fusion Centers

Submitted by: Homeland Security Committee

CHS. 002.T14

WHEREAS, fusion centers are [post-9/11] information sharing centers that are state or locally operated entities, designated and recognized by each state's governor. The concept of the fusion center is defined as "a collaborative effort of two or more agencies that provide resources, expertise, and/or information to the center with the goal of maximizing the ability to detect, prevent, investigate, apprehend, and respond to criminal and terrorist activity."

WHEREAS, since 2004, state and major urban area fusion centers have been established throughout the nation to further aid in and improve information sharing among state, local, tribal, territorial (SLTT), private sector, and federal partners.

WHEREAS, in 2007, the Secretary for Department of Homeland Security and the Attorney General issued a letter to each governor, requesting the designation of " …a single fusion center to serve as the statewide or regional hub to interface with the federal government and through which to coordinate the gathering, processing, analysis, and dissemination of terrorism, law enforcement, and homeland security information …" Further, the letter requested the development of a strategy that "is consistent with federal efforts to constitute the Information Sharing Environment," which also includes any major urban area fusion center.

WHEREAS, the culmination of state and major urban area fusion centers across the country are referred to as the National Network of Fusion Centers (NNFC, or the National Network).

WHEREAS, per the 2013 "Majority Staff Report on the National Network of Fusion Centers," released by the United States House of Representatives Committee on Homeland Security, "The National Network [of Fusion Centers] is on a path of continued growth, improvement, and increasing value to both the Federal Government and the fusion centers' individual customers." The National Network is designed to connect the fusion centers as an enterprise through their information sharing efforts with federal partners and within their area of responsibility among state, local, tribal, territorial and private partners, creating a national asset, which serves as a front line of defense in protecting the homeland.

WHEREAS, many federal partners, including but not limited to the U.S. Department of Homeland Security (DHS), the U.S. Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), the Office of the Program Manager for the Information Sharing Environment (PM-ISE), and the Office of the Director of National Intelligence (ODNI), have supported this nationwide effort, providing assistance in various forms—such as training, technical assistance, funding, and/or personnel—to fusion centers, assisting in enhancing the value and impact of individual fusion centers, as well as the National Network of Fusion Centers, and mitigating center capability gaps. Therefore, be it

RESOLVED that the International Association of Chiefs of Police supports the National Network of Fusion Centers and be it

FURTHER RESOLVED, that the IACP calls upon federal agencies to work with, and support, the continued evolution of the National Network of Fusions Center; be it

FURTHER RESOLVED, the United States House of Representatives Committee on Homeland Security Majority Staff Report on The National Network of Fusion Centers provides a number of important and useful recommendations that, if adopted, could enhance the effectiveness of the fusion center network. The IACP calls on federal, state, and local agencies to carefully review the report and adopt those recommendations that are appropriate for the agency and mission; be it

FURTHER RESOLVED that the IACP promotes the federal partners continued support of state and major urban fusion centers by federal agencies in deployed personnel and systems, training, and collaboration; and be it

FURTHER RESOLVED that the IACP promotes continued collaboration between the National Network of Fusion Centers and federal partners to demonstrate the value and usability of fusion centers in achieving national goals and initiatives; and be it

FURTHER RESOLVED that the IACP promotes the vision of the National Network of Fusion Centers, which is to be a multidisciplinary, all-crimes/all-threats/all-hazards information sharing network that protects our nation's security and the privacy, civil rights, and civil liberties of our citizens.