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RESOLUTION NO. 2020-138R <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS URGING THE UNITED STATES CONGRESS TO <br />ADOPT CRIMINAL JUSTICE REFORM LEGISLATION REQUIRING <br />LOCAL LAW ENFORCEMENT AGENCIES TO REPORT ALL DEATHS <br />OF CITIZENS WHILE IN CUSTODY TO THE UNITED STATES <br />DEPARTMENT OF JUSTICE, REQUIRING THE DEPARTMENT TO <br />INDEPENDENTLY REVEW AND INVESTIGATE EACH CUSTODIAL <br />DEATH REPORTED BY A LOCAL LAW ENFORCEMENT AGENCY TO <br />DETERMINE IF THE UNNECESSARY OR IMPROPER USE OF FORCE <br />WAS A CAUSE OF DEATH AND EXPOSE PATTERNS OF <br />DISCRIMINATORY TREATMENT, AND PROHIBITING THE UNITED <br />STATES GOVERNMENT FROM SUPPLYING LOCAL LAW <br />ENFORCEMENT AGENCIES WITH MILITARY HARDWARE, <br />VEHICLES, OR WEAPONRY FOR USE AGAINST UNITED STATES <br />CITIZENS; AND PROVIDING AN EFFECTIVE DATE <br />RECITALS: <br />WHEREAS, the death of George Floyd at the hands of members of the Minneapolis, <br />Minnesota Police Department has focused national attention, once again, on law enforcement <br />practices involving the use of force against citizens, and particularly against people of color; and <br />WHEREAS, the unnecessary and improper use of force by local law enforcement agencies <br />continues to cause the senseless killing of citizens throughout the United States including, in some <br />cases, individuals stopped or detained for non-violent offenses; and <br />WHEREAS, there is currently no requirement for local law enforcement agencies to report <br />incidents involving the deaths of citizens while in their custody to any agency of the United States <br />government; and <br />WHEREAS, internal investigations of custodial deaths and reviews by local prosecuting <br />attorneys have proven insufficient, in many cases, to instill public confidence that officers who use <br />unnecessary and improper force against any person, including persons of color, will be held <br />accountable and brought to justice because an inherent conflict of interest arises from the close - <br />working relationships that prosecutors develop with local law enforcement officers; and <br />WHEREAS, public confidence in law enforcement would be improved through a process <br />that provides for independent investigation of custodial deaths by an agency of government that <br />has no pre-existing relationship with the department employing the officer under investigation; <br />and <br />WHEREAS, the United States Department of Justice currently has discretion to <br />investigate complaints alleging violations of the constitutional rights of citizens by local law <br />enforcement officers but does not have a statutory duty to investigate cases involving the death <br />of a citizen while in custody; and <br />