[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7089 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 7089
To reform law enforcement practices, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 4, 2020
Mr. Castro of Texas introduced the following bill; which was referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To reform law enforcement practices, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Police Reporting Information, Data,
and Evidence Act of 2020'' or the ``PRIDE Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Byrne grant program.--The term ``Byrne grant program''
means any grant program under subpart 1 of part E of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10151 et seq.), without regard to whether the funds are
characterized as being made available under the Edward Byrne
Memorial State and Local Law Enforcement Assistance Programs,
the Local Government Law Enforcement Block Grants Program, the
Edward Byrne Memorial Justice Assistance Grant Program, or
otherwise.
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 901 of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10251).
(3) Law enforcement officer.--The term ``law enforcement
officer'' means any officer, agent, or employee of a State,
unit of local government, or Indian Tribe authorized by law or
by a government agency to engage in or supervise the
prevention, detection, or investigation of any violation of
criminal law.
(4) State.--The term ``State'' has the meaning given the
term in section 901 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10251).
(5) Use of force.--The term ``use of force'' includes the
use of a firearm, Taser, explosive device, chemical agent (such
as pepper spray), baton, impact projectile, blunt instrument,
hand, fist, foot, canine, or vehicle against an individual.
SEC. 3. USE OF FORCE REPORTING.
(a) Reporting Requirements.--
(1) In general.--Beginning in the first fiscal year
beginning after the date of enactment of this Act and each
fiscal year thereafter in which a State or Indian Tribe
receives funds under a Byrne grant program, the State or Indian
Tribe shall--
(A) report to the Attorney General, on a quarterly
basis and pursuant to guidelines established by the
Attorney General, information regarding--
(i) any incident involving the shooting of
a civilian by a law enforcement officer who is
employed--
(I) in the case of an Indian Tribe,
by the Indian Tribe; or
(II) in the case of a State, by the
State or by a unit of local government
in the State;
(ii) any incident involving the shooting of
a law enforcement officer described in clause
(i) by a civilian; and
(iii) any incident in which use of force by
or against a law enforcement officer described
in clause (i) occurs, which is not reported
under clause (i) or (ii);
(B) establish a system and a set of policies to
ensure that all use of force incidents are reported by
law enforcement officers; and
(C) submit to the Attorney General a plan for the
collection of data required to be reported under this
section, including any modifications to a previously
submitted data collection plan.
(2) Report information required.--
(A) In general.--The report required under
paragraph (1)(A) shall contain information that
includes, at a minimum--
(i) the national origin, sex, race,
ethnicity, age, physical disability, mental
disability, English language proficiency,
housing status, and school status of each
civilian against whom a law enforcement officer
used force;
(ii) the date, time, and location,
including zip code, of the incident and whether
the jurisdiction in which the incident occurred
allows for the open-carry or concealed-carry of
a firearm;
(iii) whether the civilian was armed, and,
if so, the type of weapon the civilian had;
(iv) the type of force used against the
officer, the civilian, or both, including the
types of weapons used;
(v) the reason force was used;
(vi) a description of any injuries
sustained as a result of the incident;
(vii) the number of officers involved in
the incident;
(viii) the number of civilians involved in
the incident; and
(ix) a brief description regarding the
circumstances surrounding the incident, which
shall include information on--
(I) the type of force used by all
involved persons;
(II) the legitimate police
objective necessitating the use of
force;
(III) the resistance encountered by
each law enforcement officer involved
in the incident;
(IV) the efforts by law enforcement
officers to--
(aa) de-escalate the
situation in order to avoid the
use of force; or
(bb) minimize the level of
force used; and
(V) if applicable, the reason why
efforts described in subclause (IV)
were not attempted.
(B) Incidents reported under death in custody
reporting act.--A State is not required to include in a
report under subsection (a)(1) an incident reported by
the State in accordance with section 20104(a)(2) of the
Violent Crime Control and Law Enforcement Act of 1994
(34 U.S.C. 12104(a)(2)).
(3) Audit of use-of-force reporting.--Not later than 1 year
after the date of enactment of this Act, and each year
thereafter, each State and Indian Tribe described in paragraph
(1) shall--
(A) conduct an audit of the use of force incident
reporting system required to be established under
paragraph (1)(B); and
(B) submit a report to the Attorney General on the
audit conducted under subparagraph (A).
(4) Compliance procedure.--Prior to submitting a report
under paragraph (1)(A), the State or Indian Tribe submitting
such report shall compare the information compiled to be
reported pursuant to clause (i) of paragraph (1)(A) to open-
source data records, and shall revise such report to include
any incident determined to be missing from the report based on
such comparison. Failure to comply with the procedures
described in the previous sentence shall be considered a
failure to comply with the requirements of this section.
(b) Ineligibility for Funds.--
(1) In general.--For any fiscal year in which a State or
Indian Tribe fails to comply with this section, the State or
Indian Tribe, at the discretion of the Attorney General, shall
be subject to not more than a 10-percent reduction of the funds
that would otherwise be allocated for that fiscal year to the
State or Indian Tribe under a Byrne grant program.
(2) Reallocation.--Amounts not allocated under a Byrne
grant program in accordance with paragraph (1) to a State for
failure to comply with this section shall be reallocated under
the Byrne grant program to States that have not failed to
comply with this section.
(c) Public Availability of Data.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter, the Attorney
General shall publish, and make available to the public, a
report containing the data reported to the Attorney General
under this section.
(2) Privacy protections.--Nothing in this subsection shall
be construed to supersede the requirements or limitations under
section 552a of title 5, United States Code (commonly known as
the ``Privacy Act of 1974'').
(d) Guidance.--Not later than 180 days after the date of enactment
of this Act, the Attorney General, in coordination with the Director of
the Federal Bureau of Investigation, shall issue guidance on best
practices relating to establishing standard data collection systems
that capture the information required to be reported under subsection
(a)(2), which shall include standard and consistent definitions for
terms, including the term ``use of force'' which is consistent with the
definition of such term in section 2.
SEC. 4. COMMUNITY AND LAW ENFORCEMENT PARTNERSHIP GRANT PROGRAM.
(a) Grants Authorized.--The Attorney General may make grants to
eligible law enforcement agencies to be used for the activities
described in subsection (c).
(b) Eligibility.--In order to be eligible to receive a grant under
this section a law enforcement agency shall--
(1) be located in a State or Indian Tribe that receives
funds under a Byrne grant program;
(2) employ not more that 100 law enforcement officers;
(3) demonstrate that the use of force policy for law
enforcement officers employed by the law enforcement agency is
publicly available; and
(4) establish and maintain a reporting system that may be
used by members of the public to report incidents of use of
force to the law enforcement agency.
(c) Activities Described.--A grant made under this section may be
used by a law enforcement agency for--
(1) the cost of assisting the State or Indian Tribe in
which the law enforcement agency is located in complying with
the reporting requirements described in section 3;
(2) the cost of establishing necessary systems required to
investigate and report incidents as required under subsection
(b)(4);
(3) public awareness campaigns designed to gain information
from the public on use of force by or against law enforcement
officers, including shootings, which may include tip lines,
hotlines, and public service announcements; and
(4) use of force training for law enforcement agencies and
personnel, including training on de-escalation, implicit bias,
crisis intervention techniques, and adolescent development.
SEC. 5. COMPLIANCE WITH REPORTING REQUIREMENTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and each year thereafter, the Attorney General shall
conduct an audit and review of the information provided under this Act
to determine whether each State or Indian Tribe described in section
903(a)(1) is in compliance with the requirements of this Act.
(b) Consistency in Data Reporting.--
(1) In general.--Any data reported under this Act shall be
collected and reported in a manner consistent with existing
programs of the Department of Justice that collect data on law
enforcement officer encounters with civilians.
(2) Guidelines.--The Attorney General shall--
(A) issue guidelines on the reporting requirement
under section 3; and
(B) seek public comment before finalizing the
guidelines required under subparagraph (A).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Attorney General
such sums as are necessary to carry out this Act.
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