Criminal Justice Reform
As the Chairman on the House Judiciary Committee’s Subcommittee on the Constitution and Civil Justice, Congressman Cohen is working to protect civil rights as well as reform the criminal justice system to make it more fair.
The Congressman is also working to support ex-offenders as they reenter society and become productive members of society. He introduced the Fresh Start Act to give nonviolent ex-offenders a chance to start over again. It allows them to apply for expungement to the court where they were sentenced and allows the United States Attorney for that District to submit recommendations to the court. Applicants who are denied could reapply once every two years. Once seven years have elapsed since an offender has completed his or her sentence, expungement will be automatically granted. However, sex offenders and those who commit crimes causing a loss of over $25,000 will not be eligible for automatic expungement. The bill also encourages states to pass their own expungement laws for state offenses. States that pass a substantially similar law would receive a 5 percent increase in their Byrne funding while those that do not would lose 5 percent of their Byrne funds. Congressman Cohen has also cosponsored the Second Chance Reauthorization Act. This bill reauthorizes funding for programs to help inmates become productive and law abiding citizens after they are released. Programs include education, housing, job training, drug treatment and medical care.
The Congressman has also cosponsored the Fair Chance Act. This “ban the box” bill prohibits federal agencies and contractors from requesting that applicants for employment disclose certain criminal activity in their history records before receiving a conditional offer.
He has also cosponsored the No Money Bail Act to eliminate the payment of money as a condition of pretrial release of criminal defendants.
Congressman Cohen voted for the First STEP Act. Signed into law in 2018, the measure gives judges more latitude to work around mandatory sentences where appropriate, and allows offenders who were sentenced before Congress reduced the disparity between penalties for crack and powder cocaine in 2010 to petition to have their cases re-evaluated for possible sentence reductions. It also enables certain prisoners to participate in evidence-based recidivism reduction programs to earn credits to complete the last portion of their sentence in a residential reentry center or home confinement, and encourages the placement of offenders at prisons closer to their homes where possible. The law also prohibits the shackling of pregnant women.
The Congressman has also introduced several bills to improve police practices including the Police Training and Independent Review Act, which he introduced with Congressman Lacy Clay (D-MO) of Ferguson, Missouri, and Senator Tammy Duckworth (D-IL). The legislation creates an incentive for states to require independent investigation and prosecution of incidents in which police use of deadly force results in a death or injury. It also requires sensitivity training on ethnic and racial bias, cultural diversity, and interactions with the disabled, mentally ill, and new immigrants. The bill is supported by the National Association for the Advancement of Colored People (NAACP).
Congressman Cohen has also introduced the National Statistics on Deadly Force Transparency Act to require states, as a condition of receipt of full Byrne Justice Assistance Grant funding, to collect data in all instances in which deadly force was used and report it to the Department of Justice, and the Police Creating Accountability in Making Effective Recording Available (CAMERA) Act to establish a grant program to assist state and local law enforcement with the purchase of body cameras to be worn by police officers.
Congressman Cohen has also cosponsored the End Racial Profiling Act to prohibit law enforcement from engaging in racial profiling, grant victims of racial profiling the right to file suit, authorize grants to collect data relating to racial profiling, and require state and local law enforcement to certify that they have eliminated any practices that permit or encourage racial profiling. The bipartisan Stop Militarizing Law Enforcement Act places restrictions and transparency measures on the Defense Department’s program that transfers excess military equipment to local law enforcement and prevents transfers of equipment such as grenade launchers, weaponized drones and armored military vehicles that are inappropriate for local policing.
More on Criminal Justice Reform
MEMPHIS – Congressman Steve Cohen (TN-09), a senior member of the House Judiciary Committee, today expressed profound sadness for her family and for the nation on the death of Justice Ruth Bader Ginsburg. He made the following statement:
MEMPHIS – Congressman Steve Cohen (TN-09), the Chairman of the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, this evening wrote to Attorney General William Barr asking that Memphis federal law enforcement officials be included in the Justice Department’s body-worn camera pilot program. The request comes days after U.S. Marshals shot a Memphis teenager in an incident in which cameras were not in use.
Congressman Cohen’s letter reads in part:
MEMPHIS – Congressman Steve Cohen (TN-09) and State Senator Raumesh Akbari (District 29) today condemned a bill signed into law last week that makes it a felony to protest on the grounds of the state Capitol. The measure also imposes mandatory minimum jail sentences for assaulting a first responder or participating in a riot. It also enhances penalties for vandalism of government property.
Congressman Cohen made the following statement:
WASHINGTON – Congressman Steve Cohen (TN-09), Chairman of the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, today introduced the Civil Rights Enhancement and Law Enforcement Accountability Improvement Act. The measure would explicitly provide that an employer of a law enforcement officer is vicariously liable for officers’ acts or omissions committed within the scope of their employment that deprive people of their constitutional rights. Municipalities would be liable to the same extent as private employers under state law.
MEMPHIS – Congressman Steve Cohen (TN-09), Chairman of the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, today condemned President Trump’s commutation of Roger Stone’s sentence on seven felony convictions. Stone was convicted of making false statements to Congress, obstruction of justice and witness tampering. He was scheduled to surrender Tuesday to begin a 40-month sentence.
Congressman Cohen made the following statement:
WASHINGTON – Congressman Steve Cohen (TN-09), a senior member of the House Judiciary Committee and Chairman of its Subcommittee on the Constitution, Civil Rights and Civil Liberties, today introduced a Congressional Resolution seeking an inquiry into whether the House of Representatives should impeach Attorney General William P. Barr. The resolution has 35 co-sponsors.
WASHINGTON – Congressman Steve Cohen (TN-09), a senior member of the House Judiciary Committee that voted to advance the George Floyd Justice in Policing Act to a floor vote last week, today applauded passage of the landmark measure. The vote was 236 to 181.
Congressman Cohen participated in the debate on the bill this afternoon. In his floor debate remarks, Congressman Cohen said:
WASHINGTON – Congressman Steve Cohen (TN-09), a senior member of the House Judiciary Committee that voted to advance the George Floyd Justice in Policing Act to a floor vote last week, today said he intends to vote for the measure. Congressman Cohen participated in the debate on the bill this afternoon. The vote is expected this evening.
WASHINGTON – Congressman Steve Cohen (TN-09), a senior member of the House Judiciary Committee and Chairman of its Subcommittee on the Constitution, Civil Rights and Civil Liberties, will return to Washington to participate in a hearing examining the unprecedented politicization of the Department of Justice under Attorney General William Barr. The hearing on interference and threats to prosecutorial independence will include prominent whistleblowers in recent high-profile cases as witnesses.
WASHINGTON – Congressman Steve Cohen (TN-09), a senior member of the House Judiciary Committee and Chairman of its Subcommittee on the Constitution, Civil Rights and Civil Liberties, today urged his colleagues to focus on police overuse of force against African Americans, and not misleading and distracting narratives, in its consideration of the Justice in Policing Act.
The Committee voted to send the measure to the House floor after a day-long markup.
During debate on the measure, Congressman Cohen made a speech in which he said in part: