[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4359 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 4359
To provide that a Federal law enforcement officer may not use deadly
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
September 17, 2019
Mr. Khanna (for himself, Mr. Clay, Mr. Rush, Mr. Thompson of
Mississippi, Mr. Raskin, Mr. Meeks, Ms. Clarke of New York, Ms. Norton,
Ms. Schakowsky, Mr. Payne, Mr. Butterfield, Mr. Veasey, Ms. Pressley,
Ms. Lee of California, Mr. Hastings, Ms. Jackson Lee, Mr. Garcia of
Illinois, Mrs. Watson Coleman, Mr. Carson of Indiana, Ms. Ocasio-
Cortez, Mr. Pocan, Ms. Waters, and Ms. Jayapal) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide that a Federal law enforcement officer may not use deadly
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 2019''.
SEC. 2. USE OF FORCE BY FEDERAL LAW ENFORCEMENT OFFICERS.
(a) Prohibition on Less Lethal Force.--A Federal law enforcement
officer may not use any less lethal force unless such less lethal force
is necessary and proportional in order to effectuate an arrest of a
person who the officer has probable cause to believe has committed a
criminal offense, and only after exhausting reasonable alternatives to
the use of such force.
(b) Prohibition on Deadly Use of Force.--A Federal law enforcement
officer may not use deadly force against a person unless--
(1) such force is necessary, as a last resort, to prevent
imminent and serious bodily injury or death to the officer or
another person;
(2) the use of such forces creates no substantial risk of
injury to a third person; and
(3) reasonable alternatives to the use of such force have
been exhausted.
(c) Requirement to Give Verbal Warning.--When feasible, prior to
using force against a person, a Federal law enforcement officer shall
identify himself or herself as a law enforcement officer, and issue a
verbal warning to the person that the law enforcement officer seeks to
apprehend, which warning includes--
(1) a request that the person surrender to the law
enforcement officer; and
(2) notifies the person that the law enforcement officer
will use force against the person if the person resists arrest
or flees.
(d) Guidance on Use of Force.--Not later than 120 days after the
date of the enactment of this Act, the Attorney General, in
consultation with impacted persons, communities, or organizations,
including representatives of civil and human rights organizations,
victims of police use of force, and representatives of law enforcement
associations, shall provide guidance to Federal law enforcement
agencies on the types of less lethal force and deadly force that are
prohibited under subsections (a) and (b), and how a Federal law
enforcement officer can assess whether the use of force is appropriate
and necessary, and use the least amount of force when interacting
with--
(1) pregnant women;
(2) children and youth under age 21;
(3) elderly persons;
(4) persons with mental, behavioral, or physical
disabilities or impairments;
(5) persons experiencing perceptual or cognitive
impairments due to use of alcohol, narcotics, hallucinogenic,
or other drugs;
(6) persons suffering from a serious medical condition; and
(7) persons with limited English proficiency.
(e) Training.--The Attorney General shall provide training to
Federal law enforcement officers on interacting people described in
paragraphs (1) through (7) of subsection (d).
(f) Definitions.--In this section:
(1) Deadly force.--The term ``deadly force'' means force
that creates a substantial risk of causing death or serious
bodily injury, including the discharge of a firearm,
respiratory chokeholds, and multiple discharges of an
electronic control weapon.
(2) Federal law enforcement officer.--The term ``Federal
law enforcement officer'' means any officer, agent, or employee
of the United States authorized by law or by a Government
agency to engage in or supervise the prevention, detection,
investigation, or prosecution of any violation of Federal
criminal law.
(3) Less lethal force.--The term ``less lethal force''
means any degree of force that is not likely to have lethal
effect.
(4) Necessary.--The term ``necessary'' means that another
reasonable Federal law enforcement officer would objectively
conclude, under the totality of the circumstances, that there
was no reasonable alternative to the use of force.
(5) Reasonable alternatives.--The term ``reasonable
alternatives'' means tactics and methods used by a law
enforcement officer to effectuate an arrest that do not
unreasonably increase the risk posed to the law enforcement
officer or another person, including verbal communication,
distance, warnings, deescalation tactics and techniques,
tactical repositioning, and other tactics and techniques
intended to stabilize the situation and reduce the immediacy of
the risk so that more time, options, and resources can be
called upon to resolve the situation without the use of force.
With respect to the use of deadly force, such term includes the
use of less lethal force.
(6) Deescalation tactics and techniques.--The term
``deescalation tactics and techniques'' means proactive actions
and approaches used by a law enforcement officer to stabilize
the situation so that more time, options, and resources are
available to gain a person's voluntary compliance 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 the incident.
(7) Totality of the circumstances.--The term ``totality of
the circumstances'' means all credible facts known to the law
enforcement officer leading up to and at the time of the use of
force, including the actions of the person against whom the law
enforcement officer uses such force and the actions of the law
enforcement officer.
(g) 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) In General.--It is not a defense to an offense under section
1111 or 1112 that the use of less lethal or deadly force was justified
in the case of a Federal law enforcement officer--
``(1) whose use of such force was inconsistent with section
2 of the Police Exercising Absolute Care With Everyone Act of
2019; or
``(2) whose gross negligence, leading up to and at the time
of the use of force, contributed to the necessity of the use of
such force.
``(b) Definition.--In this section, the term `Federal law
enforcement officer' has the meaning given such term in section 115.''.
(2) Clerical amendment.--The table of sections for chapter
51 of title 18, United States Code, is amended by inserting
after the item related 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 other jurisdiction may not receive
funds that the State or other jurisdiction 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.) for any fiscal year
in which the State or other jurisdiction does not have in place a law
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.--In the case that funds described in
subsection (a) are withheld from a State or other jurisdiction pursuant
to subsection (a), and the State or other jurisdiction subsequently
enacts or puts in place a law described in subsection (a), and
demonstrates substantial efforts to enforce such law, the State or
other jurisdiction shall be eligible, in the subsequent fiscal year, to
receive the total amount that the State or other jurisdiction would
have received in each fiscal year for which funds were withheld, not to
exceed the total that such State or other jurisdiction would have
received for a period of 5 years.
(c) Guidance.--Not later than 120 days after the date of the
enactment of this Act, the Attorney General, in consultation with
impacted persons, communities, 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
other jurisdictions on the criteria that the Attorney General will use
in determining whether the State or jurisdiction has in place a law
described in subsection (a).
(d) Application.--This section shall apply beginning in the first
fiscal year that begins after the date that is one year after the date
of the enactment of this Act.
SEC. 4. GRANTS FOR USE OF FORCE POLICY.
(a) Authorization.--The Attorney General is authorized to make
grants to units of local government in States that do not have in place
a law that is substantially similar to section 2 of this Act and
section 1123 of title 18, United States Code, and which State did not
receive funds 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.) pursuant
to section 3, if the law enforcement agency of that unit of local
government has in place a policy related to the use of force by law
enforcement officers that is consistent with section 2 of this Act.
(b) Application.--A unit of local government seeking a grant under
this section may submit to the Attorney General an application at such
time, in such manner, and containing such information as the Attorney
General may reasonably require.
(c) Amount.--The amount of a grant under this section shall be an
amount which is equal to the amount the unit of local government would
otherwise have received 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.), if the State in which the unit of local government is located
had received funds under such program.
(d) Use of Funds.--A grant under this section may be used for the
purposes described in section 501 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10152).
(e) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section
for each fiscal year, beginning 2020 through 2024.
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