Booker Criminal Justice Reform Measures Included in House-Passed Violence Against Women Reauthorization Act

WASHINGTON, D.C. -- Key criminal justice measures authored by U.S. Senator Cory Booker (D-NJ) were included in the Violence Against Women Reauthorization Act (VAWA), which passed the House of Representatives today on a vote of 263-158. The measures would reform the way women are treated behind bars and close an egregious loophole in federal law that allows law enforcement officers to claim consent as a defense when accused of sexually assaulting someone in their custody.

"Today's passage marks an important step toward ensuring our justice system is more fair, more accountable, and more just," Booker said. "I'm grateful for the painstaking work by selfless stakeholders and committed advocates who have worked relentlessly over the years to improve the way women are treated by law enforcement officers and our prison system."

"Federal agents and law enforcement officers who abuse their power by sexually assaulting individuals in their custody shouldn't be shielded from accountability because of a loophole in federal law. And our prison system should be more responsive to the unique needs of women behind bars, many of whom are mothers and the victims of past sexual trauma."

The House-passed VAWA Reauthorization bill included Booker's Closing the Consent Law Enforcement Loophole Act, as well as the following measures from his Dignity for Incarcerated Women Act:

Restrict Federal Bureau of Prison (BOP) employees from entering restrooms of incarcerated individuals of the opposite sex except in exigent circumstances.

Allow all pregnant women and primary caretaker parents to enroll in the Residential Drug Abuse Program.

Require BOP to provide parenting classes to primary caretaker parents.

Mandate BOP provide trauma informed care to individuals who are primary caretaker parents and train correctional officers on how to handle victims of trauma.

Prevent women from being sent to solitary confinement while pregnant or in postpartum recovery.

The Closing Law Enforcement Consent Loophole Act would:

Make it a criminal offense for a federal law enforcement officer to engage in a sexual act with anyone in his or her custody or while exercising their authority under color of law, regardless of consent. This would include federal agents, probation officers, judges, and prosecutors.

Require the Department of Justice and the Government Accountability Office to provide Congress with yearly data on documented instances of sexual misconduct by law enforcement officers while exercising their authority under color of law.

Provide additional Violence Against Women Act (VAWA) grant funding to states that pass laws that:

Make it a criminal offense for state and local law enforcement officers to engage in sexual acts with individuals while in his or her custody or while exercising their authority under color of law, regardless of consent.

Submit information on the number of complaints made to law enforcement agencies regarding an officer engaging in a sexual act with any individual that meets the above description to the U.S. Attorney General on an annual basis, who will then report to Congress a report on the findings.