Here is a brief overview of the actions taken in the last few weeks on some of the major issues confronting law enforcement

West Virginia Governor Bob Wise signed into law a measure (HB 4289) that bans bias-based policing and requires law enforcement agencies to develop policies to prevent the practice. Agencies would also have to establish independent procedures for investigation claims of bias and for disciplining officers found to have engaged in the practice.

The Virginia General Assembly passed a bill (HB 1053) to expand cultural diversity training for law enforcement officers. The bill would develop a model policy that could be used by state and local police agencies to ensure that employees are sensitive to and aware of cultural diversity and biased policing. The policy would also include provisions for the "vigorous" investigation of complaints. The Virginia Association of Chiefs of Police supports the bill. The measure is now awaiting action by the governor.

On March 12, Homeland Security Director Tom Ridge unveiled a system of color-coded rankings to warn the nation of terrorist threats, and announced the current alert level was yellow, meaning the threat of new terrorist attacks was "significant" but not "severe." The new five-level warning system was developed after consultations with state and local governments and police chiefs around the country, and is designed to provide guidance to law enforcement and other public agencies, citizens, and the private sector. Law enforcement officials had expressed their desire for a clearer understanding of the threat level confronting their communities and the actions required of their agencies in response.

In a November letter to Director Ridge, IACP President Bill Berger noted that while state and local law enforcement agencies appreciated receiving threat advisories from the federal government, the vague nature of the information and the lack of a clear response protocol often left state and local law enforcement executives uncertain as to what, if any, action should be taken. He added that "this uncertainty is especially troublesome at a time when communities across the nation are turning to their law enforcement agencies for guidance and protection." To address this problem, the IACP suggested that the federal government develop a clear and concise protocol for issuing threat alerts and providing guidance for law enforcement response.

The Homeland Security Advisory System (HSAS) does this by establishing five threat conditions with associated suggested protective measures that should be taken by government agencies in response. For

The Virginia General Assembly passed a measure that would make it the first state to collect DNA samples from everyone arrested for a violent crime. The sample would be taken with a saliva swab, and would be destroyed if the accused is acquitted or the case is dismissed. SB 535 is now awaiting action by the governor.

Measures to require the collection of DNA samples from all felons have passed both houses in Utah, the House in Illinois, Iowa and Kentucky, and have passed committees in Colorado, Minnesota and New Hampshire. The New York Senate passed a bill to require samples from all felony and misdemeanor offenders.

Bills increasing or eliminating the statute of limitations on sex crimes if DNA evidence is present have passed the Oklahoma House and the Florida Senate.

A bill passed by the Maryland House requires state officials to save scientific evidence from most cases for the duration of a prisoner’s sentence.

Firearms:

Before adjourning for the year, the Wisconsin Senate Majority Leader prevented a vote on a measure that would have allowed its citizens to carry concealed weapons. As a result, the House-passed bill is dead for this year.

Two Missouri Senate committees have endorsed bills that would allow the carrying of concealed weapons. The House passed a bill to allow residents to travel throughout the state with concealed handguns in their vehicles. It would also allow retired law enforcement officers with at least 15 years of service to obtain permits to carry concealed weapons throughout the state.

Drunk Driving:

The Maryland House approved a bill that prohibits open containers of alcohol in vehicles, removing a major obstacle to the ban becoming law. The House Judiciary Committee had already killed numerous measures to toughen drunken driver laws, putting the state at risk of losing millions in federal highway construction dollars.

Virginia lawmakers approved a new open container law. However, the legislation is so lenient that the state may lose $12.4 million in federal highway construction funds.

Virginia lawmakers created a new crime of aggressive driving. The measure will allow police to charge motorists with aggressive driving if they are weaving between lanes, tailgating, failing to yield to other cars when entering a highway, ignoring a red light, passing on the left or the shoulder, blocking another driver from passing, speeding or stopping on a highway. The driver must also show an intent to "harass, intimidate, or obstruct" another person. Violators will face up to six months in jail and a $1,000 fine, plus four points on their license.

every level of threat, there is a coordinated level of preparedness:

• GREEN (Low Condition): Low risk of terrorist attacks. It requires protective measures such as regularly assessing facilities for weakenesses, finding ways to reduce them, and making sure that state and local employees receive training to handle different terrorism situations.
• BLUE (Guarded Condition): General risk of terrorist attacks. This calls on government agencies to review and update emergency-response procedures and communication systems and to provide the public with necessary information.
• YELLOW (Elevated Condition): Significant risk of terrorist attacks. This condition calls for increased surveillance of critical locations, the coordination of emergency plans with nearby jurisdictions, and the implementation of contingency and emergency response plans as needed.
• ORANGE (High Condition): High risk of terrorist attack. It requires the govenrment to coordinate the necessary security efforts with the armed forces or law enforcement agencies and take additional precautions at public events.
• RED (Severe Condition): Severe risk of attack. This may include the pre-positioning of specially-trained teams, closing public and government facilities and monitoring transportation systems. Director Ridge said that "under red, you might see actions similar to the ones taken on 9/11, when we basically grounded most or all air trafic for an extended period of time."

Federal, state, and local emergency and law enforcement teams would be expected to develop specific steps for each level of alert, but no equivalent exists for the public. The alert stages do not come up with suggstions for citizens, such as stocking up on bottled water or keeping children home from school. These recommendations would come from local officials, if at all.

In order to hear the views of officials at all levels of government, law enforcement, and the public, the Attorney General has opened a 45-day review period. Comments on the system should be sent to the Director, Federal Bureau of Investigation, Homealnd Security Advisory System, Room 7222, 935 Pennsylvania Avenue, NW, Washington D.C. 20535, or by e-mail to HSAScomments@fbi.gov

• DEA: March 20.

• Mark up of pending legislation, including SB 1615, a bill to provide for the sharing of certain foreign intelligence with local law enforcement personnel, and SB 924, to reauthorize the COPS program: March 14.

• Homeland Security: Assessing the Needs of Local Law Enforcement: Date to be announced. This field hearing was originally scheduled to be held in Delaware on March 11, but was postponed.

• Identity Theft Prevention: March 20.

• A hearing on efforts to create the nation’s largest network of surveillance cameras in Washington, D.C: March 22.

On March 12, Joe Allbaugh, Director of the Federal Emergency Management Agency (FEMA) testified before the Senate Environment and Public Works Committee on the Administration’s proposed First Responder Grant (FRG) Initiative. In his FY ’03 budget proposal, the President has requested that FEMA receive $3.5 billion to administer this initiative. Under this program, grants will be given to first responders, including firefighters, law enforcement, and emergency medical personnel to purchase equipment, including more interoperable communications equipment, train personnel to respond to terrorist incidents, perform training exercises, and to develop comprehensive plans to prepare for and respond to such attacks. The Office of Domestic Preparedness (ODP) within FEMA will be responsible for administering these grants. The ODP is currently within the Justice Department, but would be transferred to FEMA to consolidate the nation’s preparedness efforts under one federal agency.

The IACP has several concerns with the FRG program. First, FEMA has historically been a response agency, and the IACP is concerned that this grant program could become more oriented towards responding to terrorist attacks rather than preventing them from happening in the first place. The IACP believes that anti-terrorism programs, equipment and associated costs should be considered an authorized use for these funds. The IACP is also concerned about the role state and local law enforcement executives will play in developing the regional/local response plans and needs assessment. The IACP believes that it is vitally important for law enforcement executives to be intimately involved in this process. Finally, the IACP is concerned that the decision to provide these grant funds to state governments could lead to disparities among the funds received by local communities. The IACP believes that small communities, tribal nations, and other public safety agencies may be overlooked in the planning and allocation process and as a result, their capabilities would not be enhanced.