[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9628 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 9628
To prohibit a Federal law enforcement officer from using lethal force
or less lethal force unless such force is necessary, to encourage
States to adopt similar laws or policies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 20, 2022
Mr. Khanna introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit a Federal law enforcement officer from using lethal force
or less lethal force unless such force is necessary, to encourage
States to adopt similar laws or policies, 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 Exercising Absolute Care with
Everyone Act of 2022'' or the ``PEACE Act of 2022''.
SEC. 2. USE OF FORCE BY FEDERAL LAW ENFORCEMENT OFFICERS.
(a) Definitions.--In this section:
(1) Deescalation tactics and techniques.--The term
``deescalation tactics and techniques'' means proactive actions
and approaches used by a Federal law enforcement officer to
stabilize a situation, taking as much time as appropriate,
without using physical force or the threat of physical force,
so that more options and resources are available to gain the
voluntary compliance of an individual and reduce or eliminate
the need to use force, including verbal persuasion, warnings,
tactical techniques, slowing down the pace of an incident,
waiting out a subject, creating distance between the officer
and the threat, and requesting additional resources to resolve
an incident.
(2) Federal law enforcement officer.--The term ``Federal
law enforcement officer'' has the meaning given such term in
section 115 of title 18, United States Code.
(3) Imminent threat.--The term ``imminent threat''--
(A) means--
(i) an individual creating a risk of harm
to others with the present ability,
opportunity, and apparent intent to immediately
cause the harm that is threatened; and
(ii) a risk that, based on the information
available at the time, must be immediately
confronted and addressed; and
(B) does not include merely a fear of future harm.
(4) Less lethal force; lethal force.--The terms ``less
lethal force'' and ``lethal force'' have the meanings given
those terms in section 1123 of title 18, United States Code, as
added by this section.
(5) Necessary.--The term ``necessary'', with respect to a
use of force, means that a reasonable Federal law enforcement
officer would objectively conclude, under the totality of the
circumstances, that there was no reasonable, less harmful
alternative to the force the Federal law enforcement officer
used.
(6) Proportional.--The term ``proportional'', with respect
to a use of force, means the potential harm likely to be caused
through the force used by a Federal law enforcement officer
does not outweigh the benefit to be gained through achieving
the direct and legitimate law enforcement objective.
(7) Reasonable alternatives.--The term ``reasonable
alternatives'' means tactics and methods used by a Federal law
enforcement officer to effectuate an arrest that do not
unreasonably increase the risk posed to the law enforcement
officer or another individual, including verbal communication,
distance, warnings, deescalation tactics and techniques,
tactical repositioning, and other tactics and techniques
intended to stabilize a situation and reduce the immediacy of a
risk so that more time, options, and resources can be called
upon to resolve a situation without the use of force.
(8) Totality of the circumstances.--The term ``totality of
the circumstances'' means all credible facts known to the
Federal law enforcement officer leading up to and at the time
of the use of force, including the actions of the individual
against whom the Federal law enforcement officer uses such
force and the actions of the Federal law enforcement officer.
(b) Prohibition on Less Lethal Force.--
(1) In general.--A Federal law enforcement officer may not
use any less lethal force unless such force--
(A) is the least amount of force that is necessary
and proportional--
(i) in order to prevent an imminent threat
of physical injury to the Federal law
enforcement officer or another individual; or
(ii) to effectuate an arrest of an
individual whom the Federal law enforcement
officer has probable cause to believe has
committed a criminal offense; and
(B) is used only after available and reasonable
alternatives to the use of less lethal force have been
exhausted.
(2) Requirement to reduce and cease the use of force.--With
respect to the use of any less lethal force, a Federal law
enforcement officer shall--
(A) immediately reduce such force as the threat
diminishes; and
(B) cease the use of such force as soon as--
(i) the individual on whom the force is
used is under the control of the Federal law
enforcement officer or no longer poses a threat
of physical injury to another individual; or
(ii) the Federal law enforcement officer
determines that force will no longer
accomplish, or is no longer necessary to
accomplish, a legitimate law enforcement
objective.
(c) Prohibition on Use of Lethal Force.--
(1) In general.--A Federal law enforcement officer may not
use lethal force against an individual unless--
(A) such force is necessary and proportional as a
last resort to prevent imminent and serious bodily
injury or death to the Federal law enforcement officer
or another individual;
(B) the use of such force creates no substantial
risk of injury to a third person; and
(C) the available and reasonable alternatives to
the use of such force have been exhausted.
(2) Clarification.--A Federal law enforcement officer may
not use lethal force against an individual who poses a danger
only to himself or herself.
(d) Requirement To Give Verbal Warning.--When feasible, prior to
using force against an individual, a Federal law enforcement officer
shall identify himself or herself as a Federal law enforcement officer
and issue a verbal warning to the individual that the Federal law
enforcement officer seeks to apprehend, which shall--
(1) include a request that the individual surrender to the
law enforcement officer; and
(2) notify the individual that the law enforcement officer
may use force against the individual if the individual resists
arrest or flees.
(e) Guidance on Use of Force.--Not later than 120 days after the
date of enactment of this Act, the Attorney General, in consultation
with impacted individuals, communities, and organizations, including
representatives of civil and human rights organizations, victims of law
enforcement officer use of force, and representatives of law
enforcement associations, shall provide guidance to Federal law
enforcement agencies--
(1) on the types of less lethal force and lethal force that
are prohibited under subsections (b) and (c);
(2) on how a Federal law enforcement officer can assess
whether the use of force is appropriate and necessary; and
(3) which shall account for special consideration when
interacting with--
(A) pregnant individuals;
(B) children and youth under 21 years of age;
(C) elderly individuals;
(D) physically frail individuals;
(E) individuals with mental, behavioral, or
physical disabilities or impairments;
(F) individuals experiencing perceptual or
cognitive impairments due to use of alcohol, narcotics,
hallucinogens, or other drugs;
(G) individuals suffering from a serious medical
condition; and
(H) individuals with limited English proficiency.
(f) Limitation on Justification Defense.--
(1) In general.--Chapter 51 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1123. Limitation on justification defense for Federal law
enforcement officers.
``(a) Definitions.--In this section:
``(1) Federal law enforcement officer.--The term `Federal
law enforcement officer' has the meaning given such term in
section 115.
``(2) Less lethal force.--The term `less lethal force'
means any force that is less than lethal force.
``(3) Lethal force.--The term `lethal force' means any
force that creates a substantial risk of causing death or
serious bodily injury, including--
``(A) the discharge of a firearm;
``(B) a maneuver that restricts blood or oxygen
flow to the brain, including chokeholds, strangleholds,
neck restraints, neck-holds, and carotid artery
restraints; and
``(C) the use of a weapon of less lethal force in a
manner that creates a substantial risk of death or
serious bodily injury, including repeated or prolonged
discharges of an electronic control weapon and firing a
kinetic impact projectile weapon at the head of an
individual.
``(b) Use of Force.--It is not a defense to an offense under
section 1111 or 1112 that the use of less lethal force or lethal force
by a Federal law enforcement officer was justified if--
``(1) the use of use of such force by the officer was
inconsistent with section 2 of the Police Exercising Absolute
Care with Everyone Act of 2022; or
``(2) the actions of the officer, leading up to and at the
time of the use of the force, contributed to the necessity of
the use of such force.''.
(2) Clerical amendment.--The table of sections for chapter
51 of title 18, United States Code, is amended by inserting
after the item relating to section 1122 the following:
``1123. Limitation on justification defense for Federal law enforcement
officers.''.
SEC. 3. LIMITATION ON THE RECEIPT OF FUNDS UNDER THE EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM.
(a) Limitation.--A State or unit of local government, other than an
Indian Tribe, may not receive funds that the State or unit of local
government would otherwise receive 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.) (commonly known as the ``Edward Byrne Memorial Justice
Assistance Grant Program'') for any fiscal year in which the State or
unit of local government does not have in effect a law, with respect to
the use of force by law enforcement officers of the State or unit of
local government, that is consistent with section 2 of this Act and
section 1123 of title 18, United States Code, as determined by the
Attorney General.
(b) Subsequent Enactment.--If funds described in subsection (a) are
withheld from a State or unit of local government pursuant to that
subsection and the State or unit of local government subsequently
enacts or puts in place a law described in that subsection and
demonstrates substantial efforts to enforce such law, the State or unit
of local government shall be eligible, in the fiscal year after the
fiscal year during which the State or unit of local government
demonstrates such substantial efforts, to receive the total amount that
the State or unit of local government would have received during each
fiscal year for which funds were withheld, not to exceed the total that
such State or unit of local government would have received for a 5-year
period.
(c) Guidance.--Not later than 120 days after the date of enactment
of this Act, the Attorney General, in consultation with impacted
individuals, communities, and organizations, including representatives
of civil and human rights organizations, individuals against whom a law
enforcement officer used force, and representatives of law enforcement
associations, shall make guidance available to States and units of
local government on the criteria that the Attorney General will use in
determining whether the State or unit of local government has in place
a law described in subsection (a).
(d) Application.--This section shall apply to the first fiscal year
that begins on or after the date that is 1 year after the date of the
enactment of this Act, and to each fiscal year thereafter.
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