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A sweeping overhaul of police oversight and procedures has been proposed by Democrats in response to the deaths of black Americans at the hands of law enforcement, according to a draft outline obtained by The Associated Press.The Justice in Policing Act, unveiled Monday, would limit legal protections for police, create a national database of excessive-force incidents and ban police choke holds, among other changes. It is the most ambitious changes to law enforcement sought by Congress in years.Rep. Karen Bass, D-Calif., chairwoman of the Congressional Black Caucus, which is leading the effort, said called it “transformative.”“We’re in a real moment in our country,” she said Sunday on CNN, speaking after days of massive protests set off by the death of George Floyd and other African Americans involving the police.Bass said the package from House and Senate Democrats will be bolder than any law enforcement changes of the past decade. “It is time for police culture in many departments to change,” she said. “And we believe that the legislation will make a major step forward in that direction.”The package confronts several aspects of law enforcement accountability and practices that have come under criticism, especially as more and more police violence is captured on cell phone video and shared widely across the nation, and the world.The draft document said the proposed legislation would revise the federal criminal police misconduct statute to make it easier to prosecute officers who are involved in misconduct “knowingly or with reckless disregard.”The package would also change “qualified immunity” protections for police “to enable individuals to recover damages when law enforcement officers violate their constitutional rights,” it says.The legislation seeks to provide greater oversight and transparency of police behavior in several ways. For one, it would grant subpoena power to the Justice Department to conduct “pattern and practice” investigations of potential misconduct and help states conduct independent investigations.And it would create a “National Police Misconduct Registry,” a database to try to prevent officers from transferring from one department to another with past misconduct undetected, the draft said.A long-sought federal anti-lynching bill stalled in Congress is included in the package.However, the package stops short calls by leading activists to “defund the police,” a push to dismantle or reduce financial resources to police departments that has struck new intensity in the weeks of protests since Floyd’s death.House Judiciary Committee Chairman Jerrold Nadler, D-N.Y., a co-author with Bass and the Democratic senators, will convene a hearing on the legislation this week.It is unclear if law enforcement and the powerful police unions will back any of the proposed changes or if congressional Republicans will join the effort.At least one Republican, Sen. Mike Lee of Utah, who has long pushed for a criminal justice overhaul, has said he’d like to review the package coming from Democrats.And Sen. Lindsey Graham, R-S.C., the chairman of the Senate Judiciary Committee, has said his panel intends to hold a hearing to review use of force issues and police practices.The presumed Democratic presidential nominee, Joe Biden, has backed a ban on chokeholds and other elements of the package.“I can’t breathe” has become a rallying cry by protesters. Floyd pleaded with police that he couldn’t breathe, echoing the same phrase Eric Garner said while in police custody in 2014 before his death.Sen. Cory Booker, a Democratic rival who had been critical of Biden during the presidential primary campaign, said he “fully” put his faith in Biden now “to be the person who could preside over this transformative change.”“This is a referendum on who we are as Americans and who we’re going to be to each other,” Booker said on NBC.Booker and fellow one-time presidential hopeful, Sen. Kamala Harris of California, are co-authors of the package in the Senate. 4018

A Massachusetts school district is waiting to see how many students test positive for the novel coronavirus after one student came to school after testing positive for the virus. Almost 30 teens had to go into quarantine. The student in question reportedly got the positive test results on Friday, Sept. 11, and still went to school the following Monday.Are there legal ramifications to knowingly going out in public spaces while infected with COVID-19?Mike Lawlor, an associate professor of criminal justice at the University of New Haven, says there are two types of law that could be at play: criminal law and civil law.If someone gets infected and you can trace it back to a specific exposure where the person knew they had COVID-19, then that would be a case of reckless endangerment."Almost every state has a law like this. On top of that, if you can show that people intentionally did this and it’s certainly conceivable that someone intentionally tried to expose people to the virus-- if you can show that they actually got the virus-- then that would be an assault," explained Lawlor.But Lawlor says whether criminally prosecuting is a good idea or not is debatable. What is more likely is a civil case in the form of negligence or willful misconduct."This does have a cost when you do it, right? There’s an emergency cleaning operation that has to take place. These other students have to be provided for in distance learning. And if anyone were to be able to demonstrate they were exposed and became positive, the health consequences of that could be very significant," said Lawlor.He says, either way, both the student and the parents run the risk of criminal prosecution. 1692

A proposition on the November ballot would eliminate the state's ban on affirmative action when it comes to public hiring, contracting and college admissions.That means public agencies and universities can consider race, sex and ethnicity as it makes decisions, in an effort to address diversity.“I was able to go to Stanford and prove myself, and then go on to Georgetown and UCLA Law School on a full-ride scholarship, because I was given that initial opportunity,” Assemblywoman Lorena Gonzalez said Monday.Gonzalez said she was one of the last to benefit from affirmative action in California, because state voters banned the practice via prop 209 in 1996. She was speaking at a campaign event in favor of Prop 16, which would repeal the ban on affirmative action. Proponents say it would help level the playing and reduce the gender wage gap.“California’s ban on affirmative action programs has locked out small businesses owned by women and people of color from billions of dollars in contracting opportunities,” said Norma Chavez Peterson, who runs the ACLU of San Diego and Imperial Counties. “It has hurt students of color applying to both the Cal State and the UC California university systems, and it's limited access to good wages and benefits for many thousands of women and people of color.”Opponents say Prop 16 allows discrimination and that there's already assistance available for people who need a boost.“It's true that we need to do things to help people who haven’t gotten the same opportunities, but that's true whether they are African American, Latino, Asian, White, American Indian,” said Gail Heriot, a law professor at the University of San Diego who is co-chairing the No on 16 campaign. “We need to do things to help people that need a leg up, but let's not judge it on the basis of race.”State universities, for instance, can consider low income or being the first in a family to attend college in admissions decision making.Last week, our ABC-10news Union-Tribune scientific poll found Prop 16 leading with 40 percent in favor and 26 percent opposed, with the remainder undecided. 2119

A new study by the Institute for Health Metrics and Evaluation found in the past 10 years, the number of deaths attributed to alcohol has gone up 35 percent. Among women, alcohol-related deaths soared 85 percent.Ron and June Byrd know the pain of watching a loved one struggle with alcohol. They helplessly watched their daughter, Erika, fight it for years.“It would have to be in all caps: helpless. As a father, I was supposed to be able to fix things. I couldn't fix it,” Ron Byrd says.After becoming partner at her law firm, doctors diagnosed Erika with breast cancer. Her parents say she became depressed, and it made her drinking worse.Rehab didn’t work.“Despite our best effort, her friends’ best efforts, her best efforts, it was to no avail,” says Ron. “And it killed her.”Erika died in 2011 at the age of 42.Her death is part of a disturbing, growing trend.“I just know it's a terrible epidemic,” Ron says. “Alcohol kills you in many ways: suicides, accidents, organ failures, disease.”The study by the Institute for Health Metrics and Evaluation found this spike started during the recession and that growing pressure on working mothers might also play a role.“They are, I think, by in large, ashamed of it. Our daughter was,” Ron says. “They do their best to hide it until they can't.”Erika's parents hope the report helps break the stigma associated with alcoholism and leads to more resources devoted to fighting the problem. 1447

A Miami police officer has been relieved of duty after a video showed him kicking a suspect in the head, as the man was lying on the ground and getting handcuffed."The video depicts a clear violation of policy," Miami Police Chief Jorge R. Colina said in a statement. "The officer has been relieved of duty and the Miami-Dade State Attorney's office has been contacted."A cell phone video shot by a witness shows a man lying in a yard with his hands on his head. The first police officer approaches him and starts putting handcuffs on the suspect. The suspect, identified as David Suazo in the police report, was not resisting and was lying on his stomach. His hands are being restrained. Suddenly, another officer can be seen running toward him and kicking him in the head.That officer then drops to the ground next to the suspect and appears to put him in a headlock.A woman can be heard expressing shock. "You didn't have to do all that, buddy. You tripping."CNN has attempted to reach the officer, Mario Figueroa, but has not yet gotten a response. A call to the Fraternal Order of Police was not returned. 1118