[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1447 Reported in House (RH)]
Union Calendar No. 205
113th CONGRESS
1st Session
H. R. 1447
[Report No. 113-285]
To encourage States to report to the Attorney General certain
information regarding the deaths of individuals in the custody of law
enforcement agencies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 9, 2013
Mr. Scott of Virginia (for himself and Mr. Conyers) introduced the
following bill; which was referred to the Committee on the Judiciary
December 9, 2013
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
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, 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 ``Death in Custody Reporting Act of
2013''.
SEC. 2. STATE 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 (c)(1) in which a State receives funds
for a program referred to in subsection (c)(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 detained, under arrest, or is in the
process of being arrested, is en route to be incarcerated, or is
incarcerated at a municipal or county jail, State prison, State-run
boot camp prison, boot camp prison that is contracted out by the State,
any State or local contract facility, or other local or State
correctional facility (including any juvenile facility).
(b) Information Required.--The report required by this section
shall contain information that, at a minimum, includes--
(1) the name, gender, race, ethnicity, and age of the
deceased;
(2) the date, time, and location of death;
(3) the law enforcement agency that detained, arrested, or
was in the process of arresting the deceased; and
(4) a brief description of the circumstances surrounding
the death.
(c) Compliance and Ineligibility.--
(1) Compliance date.--Each State shall have not more than
120 days from the date of enactment of this Act to comply with
subsection (a), except that--
(A) the Attorney General may grant an additional
120 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, at the
discretion of the Attorney General, 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 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.
(d) Reallocation.--Amounts not allocated under a program referred
to in subsection (c)(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.
(e) Definitions.--In this section the terms ``boot camp prison''
and ``State'' have the meaning given those terms, respectively, in
section 901(a) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3791(a)).
(f) Study and Report of Information Relating to Deaths in
Custody.--
(1) Study required.--The Attorney General shall carry out a
study of the information reported under subsection (b) and
section 3(a) to--
(A) determine means by which such information can
be used to reduce the number of such deaths; and
(B) examine the relationship, if any, between the
number of such deaths and the actions of management of
such jails, prisons, and other specified facilities
relating to such deaths.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Attorney General shall prepare and
submit to Congress a report that contains the findings of the
study required by paragraph (1).
SEC. 3. FEDERAL LAW ENFORCEMENT DEATH IN CUSTODY REPORTING REQUIREMENT.
(a) In General.--For each fiscal year (beginning after the date
that is 120 days after the date of the enactment of this Act), the head
of each Federal law enforcement agency shall submit to the Attorney
General a report (in such form and manner specified by the Attorney
General) that contains information regarding the death of any person
who is--
(1) detained, under arrest, or is in the process of being
arrested by any officer of such Federal law enforcement agency
(or by any State or local law enforcement officer while
participating in and for purposes of a Federal law enforcement
operation, task force, or any other Federal law enforcement
capacity carried out by such Federal law enforcement agency);
or
(2) en route to be incarcerated or detained, or is
incarcerated or detained at--
(A) any facility (including any immigration or
juvenile facility) pursuant to a contract with such
Federal law enforcement agency;
(B) any State or local government facility used by
such Federal law enforcement agency; or
(C) any Federal correctional facility or Federal
pre-trial detention facility located within the United
States.
(b) Information Required.--Each report required by this section
shall include, at a minimum, the information required by section 2(b).
(c) Study and Report.--Information reported under subsection (a)
shall be analyzed and included in the study and report required by
section 2(f).
Union Calendar No. 205
113th CONGRESS
1st Session
H. R. 1447
[Report No. 113-285]
_______________________________________________________________________
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, and for other purposes.
_______________________________________________________________________
December 9, 2013
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed