The California Senate has passed a bill (SB 1242) to enable law enforcement to forcibly obtain DNA samples from felons. It specifies that the Corrections Department and other law enforcement agencies could use "reasonable force" to collect blood and saliva samples. Current law requires correctional officers to have a court order before using "reasonable force" to

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During his testimony before the Senate Commerce, Science, and Transportation Committee, Transportation Security Administration Director John Magaw announced that airline pilots would not be allowed to carry guns in the cockpit. This decision rejects the demands of thousands of pilots who petitioned for the right to keep firearms in the cockpit as a last line of defense against hijackers.

Magaw said that he and Transportation Secretary Norman Mineta made the decision after months of research and consultation with pilots, airlines, and others in the aviation industry. Magaw told the committee that "pilots need to concentrate on flying the plane," and added that specially trained air marshals should be the only armed officers on board. "These marshals are trained not only in the use of weapons but all the things that build up to that," Magaw said. "They have to practice all of these things in a tight aircraft. They have special firearms training. We don't want them shooting the firearm with the potential of bringing that airplane down."

Opponents of arming pilots have said reinforced cockpit doors now required on all planes mean that pistols are unnecessary. They have also expressed concern that an errant shot might hit a passenger or damage a key electrical system on the plane.

Members of Congress immediately vowed to fight the agency's decision with legislation permitting guns in cockpits. However, the House Aviation postponed until after the Memorial Day recess today’s markup of a bill (HR 4635) that would allow pilots to carry guns if they pass voluntary firearms training. A companion bill is expected to be introduced in the Senate today. To win support from flight attendants´ unions, Senator Bob

obtain samples. While many prisoners provide specimens when asked, at least 900 have refused, according to a state estimate.

The New Jersey Senate Judiciary Committee approved three bills dealing with alleged bias-based policing. The first would make it a state crime for any public servant, including police officers, to knowingly infringe on someone’s rights because of race, color, religion, gender, handicap, sexual orientation or ethnicity. Violators would face three to five years in prison, and longer sentences would apply if injury or death resulted. Another bill would establish an independent board to ensure that complaints against state troopers, investigators and prosecutors are thoroughly investigated once federal oversight of the State Police ends. The board, which would be made up of a former judge, a former law enforcement official and a citizen with civil rights expertise, would be able to order an investigation reopened. The third bill would make permanent a computerized early warning system to identify state troopers who show a propensity to make stops, searches, or arrests on the basis of race or ethnicity. Such a system is temporarily required under the state’s 1999 agreement with the federal government to eradicate racial profiling. The committee rejected a bill that would have prohibited consent searches, in which police ask motorists for permission to search a vehicle even though they do not have probable cause to investigate illegal activity.

The Senate Governmental Affairs Committee approved a measure (S 1534) to create a Cabinet-level Department of Homeland Security and make Homeland Security Director Tom Ridge’s job subject to Senate confirmation. The bill, introduced by Senator Joe Lieberman (D-CT) and Senator Bob Graham (D-FL), would give the newly created Department of Homeland Security control over the Federal Emergency Management Agency, Customs Service, Border Patrol and Coast Guard.

The bill would divide the proposed Department of Homeland Security into three areas - border security, critical infrastructure, and emergency preparedness and response. It also would create an office of science and technology at the new agency to advise the secretary on research and development. The legislation would authorize $200 million in fiscal 2003 to develop homeland security technology.

The Homeland Security secretary would be responsible for developing policies, coordinating efforts with state and local governments, supervising and conducting exercise and training programs and developing a response plan. The secretary also would be a member of the National Security Council.

In addition, the bill would create a National Office for Combating Terrorism within the White House. The office would work with the secretary of Homeland Security to develop a national strategy for combating terrorism.

Under the bipartisan legislation, Congress could compel the Homeland Security Secretary to testify. That would resolve a tug-of-war between the Senate and the White House over whether Ridge should have to testify to congressional committees about the operations of his office. Ridge repeatedly has refused to testify, and administration officials say he does not have to testify because he is a presidential adviser, not the head of an agency.

The IACP has not yet taken a position on this issue.

The House passed a measure (HR 1877) add four crimes to the list of offenses that can trigger a wiretap order: child pornography; buying and selling a child for sexual exploitation; inducing or coercing someone into prostitution or other illegal sexual activities; transporting a minor for illegal sexual activity and travel with the intent to engage in a sexual act with a juvenile. The bill’s supporters say the measure will give police vital tools to pursue and catch criminals. House Crime Subcommittee Chairman Lamar Smith (R-TX) noted that the expanded wiretap authority would mean that law enforcement could track child molesters’ use of the Internet to lure victims. Critics argued that the bill represents an unnecessary expansion of wiretap authority.

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Smith (R-NH) has been negotiating with them to include provisions that would give flight attendants additional training and let the department study the use of non-lethal weapons by flight attendants.

The Transportation Department is still studying whether to allow pilots to carry non-lethal weapons in the cockpit. United Airlines has already bought 1,300 stun guns and has trained pilots to use them, but does not have permission to put them in its planes.

While the IACP does not yet have a formal position on the issue of pilots flying armed, President Bill Berger recently sent a letter to Director Magaw, expressing several concerns. The first relates to the issue of firearms training for pilots. Law enforcement agencies require that their officers take intensive training courses on the use of firearms. These courses address not only marksmanship, but also proper behavior when armed and safe storage procedures. Officers are required to undergo periodic recertification tests to ensure they have maintained the skill level necessary to safely carry and employ a firearm.

In addition, pilots would need to know when the use of a firearm is appropriate. A central question that often confronts law enforcement officers is when is the use of firearm appropriate in the performance of their duties. The decision to use deadly force is the most serious situation that can confront a law enforcement officer. As a result, officers receive intensive training on when the use of deadly force is appropriate, what factors should be considered in making a use of force decision, and how to properly apply that force. .

In addition, pilots would have to be trained on how to protect themselves and their weapons during a confrontation. All too often, law enforcement officers have been wounded or killed by an assailant who was able to turn their weapon against them. Defensive tactics are stressed during training, not only to protect their safety but also because it is vitally important to ensure that a weapon intended to protect the public does not become an instrumentality of crime.

Finally, Chief Berger raised questions regarding the storage of weapons and ammunition, access to the weapon, and the type of ammunition that could be safely used in a pressurized aircraft.

June Legislative Committee Mid-Year Meeting Rescheduled
for August

Unfortunately, the IACP was forced to cancel the June 12-13 Legislative Committee meeting that was to be held in Alexandria, Virginia. This meeting has been rescheduled for August 10, to be held in conjunction with the Executive Committee meeting in St. Louis, Missouri. We apologize for any confusion or difficulties that this change has caused, and hope that you will be able to attend the rescheduled meeting.

Additional information on the St. Louis meeting, including hotel information and an agenda, will be forthcoming. Please check your calendar and determine if you are able to participate in the Legislative Committee meeting. If you have any questions in the meantime, please contact the IACP legislative staff at 1-800-843-4227. We look forward to seeing many of you later this summer in St. Louis.

Upcoming Congressional Hearings: