110 HR 2908 IH: To encourage States to report to the Attorney General U.S. House of Representatives 2007-06-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 2908 IN THE HOUSE OF REPRESENTATIVES June 28, 2007 Mr. Scott of Virginia introduced the following bill; which was referred to the Committee on the Judiciary A BILL To encourage States to report to the Attorney General certain information regarding the deaths of individuals in the custody of law enforcement agencies.

1.

Short title

This Act may be cited as the Death in Custody Reporting Act of 2007.

2.

Information regarding individuals who die in the custody of law enforcement

(a)

In General

For each fiscal year after the expiration of the period specified in subsection (b)(1) in which a State receives funds for a program referred to in subsection (b)(2), the State shall report to the Attorney General, on a quarterly basis and pursuant to guidelines established by the Attorney General, information regarding the death of any person who is in the process of arrest, is en route to be incarcerated, or is incarcerated at a municipal or county jail, State prison, or other local or State correctional facility (including any juvenile facility) that, at a minimum, includes— (1)the name, gender, race, ethnicity, and age of the deceased; (2)the date, time, and location of death; and (3)a brief description of the circumstances surrounding the death. (b)

Compliance and Ineligibility

(1)

Compliance date

Each State shall have not more than 30 days from the date of enactment of this Act to comply with subsection (a), except that— (A)the Attorney General may grant an additional 30 days to a State that is making good faith efforts to comply with such subsection; and (B)the Attorney General shall waive the requirements of subsection (a) if compliance with such subsection by a State would be unconstitutional under the constitution of such State. (2)

Ineligibility for funds

For any fiscal year after the expiration of the period specified in paragraph (1), a State that fails to comply with subsection (a) shall not receive 10 percent of the funds that would otherwise be allocated for that fiscal year to the State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as 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. (c)

Reallocation

Amounts not allocated under a program referred to in subsection (b)(2) to a State for failure to fully comply with subsection (a) shall be reallocated under that program to States that have not failed to comply with such subsection.