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Legal

Engaging IACP members and their representatives in legislative and legal matters is only one way the IACP advocates for law enforcement officers and agencies. The IACP thoroughly examines proposed legislation and analyzes the potential impact on the field and provides support and feedback to the White House, the United States Congress and Supreme Court. The IACP also helps develop police legal advisors from agencies across the globe, who assist the IACP in its mission to advance the field of law enforcement and ensure that the field is aware of relevant court decisions.

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Duty to Disclose Exculpatory Evidence

The Brady v. Maryland decision and subsequent rulings have made it a duty of all law enforcement agencies to (1) identify and provide to the...

Policy/Protocol

Grievance Procedures

Every employee has the right to be treated fairly in matters arising from employment and have the opportunity to be heard fully any time his or...

Policy Center Resource

Harassment and Discrimination

In a time where the costs of liability insurance continue to rise driving many towns to self-insure or join insurance pools, law enforcement executives have...

Policy Center Resource

Retaliatory Conduct by Employees

Law enforcement agencies should prohibit retaliatory conduct against or interference with an employee who reports, assists, or seeks to report breaches of department policy, procedures, or...

Resources

EXPIRED Prohibition of Concealed Carry Weapons (CCW) on College and University Campuses

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Legal
Victim Services
Resolution

Prohibition of Concealed Carry Weapons (CCW) on College and University Campuses

 

Submitted by: University and College Police Section

UCPS.05.t16

Passed: November 2016

 

WHEREAS, our nation's colleges and universities are bastions of freedom of expression and learning, and must continue to address the most controversial subjects of the day. These environments continue to be safe havens for discovery and growth for our nation's young adults. Introducing concealed weapons on our nation's campuses jeopardizes those cherished values; and

 

WHEREAS, based on Mother Jones' Investigation: US Mass Shootings, 1982-2016, despite high-profile shootings, homicides at our nation's colleges and universities remain rare events. There is no credible evidence to suggest that armed students, faculty, staff and community users would make our nation's campuses safer; and

 

WHEREAS, in 2013, the homicide rate at our nation's colleges and universities was 0.1 per 100,000 of enrollment, and by comparison. the criminal homicide rate in the United States was 4.4 per 100,000. Further, the Department of Justice found that 93% of violent crimes that victimize college students occur off campus. In 2013, 21 million students were enrolled on our nation's colleges and universities, and only 24 were fatally victimized on campus; and

 

WHEREAS, in a 2013 poll at 15 colleges and universities, 94 percent of faculty members opposed concealed carry on campus and in a similar 2013 poll, 79 percent of students said that they would not feel safe if concealed guns were allowed on their campus, and

 

WHEREAS, research shows that approximately half of our nation's college students binge drink or abuse illegal or prescription drugs, and nearly 25 percent of college students suffer from substance abuse and dependence, therefore, leading to an increased danger by adding the availability of a firearm to persons with a reduced ability to use appropriate judgement, and

 

WHEREAS, suicide is the second leading cause of death for college age young adults. On average, 1,100 college students commit suicide each year while another 24,000 attempt suicide. The firearm suicide rate of 18 to 21 year-olds is nine times higher than the firearm suicide rate of people 17 and under. Suicide attempts with guns are fatal 90 percent of the time; and

 

WHEREAS, allowing concealed carry firearms upon our nation's campuses would have no positive effect on campus safety and would, inversely, decrease the actual and perceived safety of our students, staff, faculty and community users; now, therefore, be it

 

RESOLVED, that the International Association of Chiefs of Police promotes the prohibition of concealed carry weapons upon this nation's college and university campuses.

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EXPIRED Full and Complete Access to Criminal History Records and Criminal Justice Information

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Legal
Resolution

 

WHEREAS, traditionally recognized agencies, such as state and local crime labs, non-law enforcement owned nationally recognized Fusion Centers, operate in support of traditional criminal justice and law enforcement agencies mission;

WHEREAS, these entities have taken on new and expanded primary roles to support the Administration of Criminal Justice since the introduction of new investigative technologies and the events of 9/11 to enhance public safety, prevent, detect and deter crime and terrorism as well as, the protection of homeland security;

WHEREAS, these entities now function and operate daily in roles that are traditionally law enforcement and criminal justice agency duties performing the Administration of Criminal Justice during the detection and investigation of crimes, investigative intelligence gathering, and emergency criminal crisis events;

WHEREAS, these entities need access to Criminal History Record Information and Criminal Justice Information that by federal statute and policy prohibits access to or, requires a cumbersome process to gain access to information that may be contained within federal and state repositories that maintain those records and other criminal information datasets;

WHEREAS, despite new technologies and new roles and responsibilities since 9/11, these similarly configured entities supporting the Administration of Criminal Justice which have duties that are similar in nature to those performed by criminal justice and law enforcement agencies, are limited and/or prohibited from access to Criminal History Record Information merely by the interpretation of the current definition;

WHEREAS, this prohibition is directly related to the current construct of 28 USC 534 and CFR 28 Part 20, and accompanying policy and procedures through the FBI Advisory Policy Board;

WHEREAS, these statutes and organizations govern release of this information and terms and definitions that limit prudent access that intuitively should not be limited to these entities given their creation and new Administration of Criminal Justice responsibilities;

WHEREAS, these entities would be subject to the same suitability, training, security, handling requirements and sanctions as those entities currently granted access to criminal history record information through the FBI-CJIS Division;

RESOLVED, that the International Association of Chiefs of Police (IACP) recommends passage of amendment to definitions in 28 USC 534 or CFR 28 Part 20, as well as policies established under the FBI CJIS Advisory Policy Board to reflect current organizational changes and responsibilities to entities that support the Administration of Criminal Justice and national security duties and encompass these entities permitting - agencies such as, state and local crime labs and nationally recognized Fusion Centers to receive the full and complete criminal history records information and other criminal justice datasets maintained federally and by the respective states.

 

 

Submitted by: Criminal Justice Information System Committee

CJIS.23.t16

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EXPIRED Support for Full and Complete Access to States’ Criminal History Record Information for National Security Purposes

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Legal
Resolution

Support for Full and Complete Access to States'

Criminal History Record Information for National Security Purposes

 

Submitted by: Criminal Justice Information System Committee

CJIS.24.t16

Passed: November 2016

 

WHEREAS, the Secretary of Homeland Security is responsible to prevent terrorist attacks within the United States, to reduce vulnerability of the United States to terrorism, and to generally safeguard the safety and well-being of the People of the United States;

WHEREAS, over three million foreign nationals apply annually to the U.S. Citizenship and Immigration Services (USCIS) for valuable immigration benefits such as asylum, travel authorization, lawful permanent residency, and, most significantly, to become citizens of the United States of America;

WHEREAS, millions of individuals apply with the Transportation Security Administration (TSA) Credentialing Section for vetting required for transportation security-related authorizations, including transportation workers seeking access to sensitive areas of airports and seaports, truck drivers seeking to haul hazardous materials on the nation's highways, and travelers applying for Pre ? ® expedited screening;

WHEREAS, various organizations including but not limited to volunteer, state, local and tribal partners apply to the Federal Emergency Management Agency (FEMA) to perform the duties of First Responders, Emergency Management, Consequence Management or providing aid to disaster survivors;

WHEREAS, all of these individuals voluntarily consent in writing to disclosure of their Criminal History Record Information in applying for immigration benefits, including to become citizens of the United States, access to sensitive sites and other transportation security-related authorizations, Pre ?® membership, or to perform the duties of First Responders;

WHEREAS, existing state laws may prevent the USCIS, TSA, and FEMA from receiving full and complete Criminal History Record Information contained in criminal record repositories of the States;

 

WHEREAS, the inability of USCIS, TSA, and FEMA to obtain full and complete access to these states' Criminal History Record Information may result in individuals with otherwise disqualifying criminal histories obtaining immigration benefits, including U.S. citizenship, gaining access to sensitive areas of airports and seaports and other transportation security-related authorizations, Pre ?® membership, or performing the duties of First Responders;

RESOLVED, that the International Association of Chiefs of Police supports the U.S. Department of Homeland Security's proposal to amend Title 5 of Section 9101 of the United States Code to authorize the USCIS, TSA, and FEMA to receive the full and complete Criminal History Record Information contained in the states' criminal history repositories.

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EXPIRED Implementation of Mass Notification System at All State and National Capitols

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Legal
Technology
Mass Casualty Events and Terrorism
Resolution

 

WHEREAS, it is important for all state and national Capitols, associated facilities and legislative bodies therein to operate in a safe and open environment; and

WHEREAS, efficient and timely notification and instructing people of necessary and appropriate response and action during emergency situations protects lives; and

WHEREAS, we as law enforcement leaders want to ensure that elected officials, employees, visitors, and state and national Capitol facilities are notified rapidly and efficiently of critical incidents occurring on Capitol facilities; now, therefore, be it

RESOLVED, the International Association of Chiefs of Police recommends that all state and national Capitols implement mass notification system protocols to provide rapid and efficient communication to elected officials, employees, and visitors during routine, urgent, and emergency situations on Capitol facilities.

 

Submitted by: Capitol Police Section

CPS.004.t2017

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