[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1258 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 1258

To require States to report to the Attorney General certain information 
regarding use of force incidents involving law enforcement officers and 
                   civilians, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2017

 Mr. Booker (for himself and Mr. Van Hollen) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
To require States to report to the Attorney General certain information 
regarding use of force incidents involving law enforcement officers and 
                   civilians, 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 2017'' 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 (42 
        U.S.C. 3750 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 in section 901 of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791).
            (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 (42 U.S.C. 3791).
            (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 
                (42 U.S.C. 13704(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 
3(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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