Police Reform Act of 2020
This bill requires states and local governments, as a condition of receiving funding under certain Department of Justice programs, to adopt use-of-force training policies that meet minimum standards, institute boards to review incidents of the use of deadly force and allegations of excessive force by law enforcement officers, revoke certifications of law enforcement officers who violate use-of-force standards, and require de-escalation and use-of-force training. In addition, the bill requires the development of a plan for a National Law Enforcement Academy to provide best practices training for local law enforcement officers.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7137 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7137
To prohibit the receipt of funds under the Edward Byrne Memorial State
and Local Law Enforcement Assistance Program and associated grant
programs by State and local government units that have failed to adopt
use-of-force policies and other policies that meet minimum standards;
require State and local government units that operate law enforcement
training programs funded by the Byrne program and associated grant
programs to train officers in de-escalation and mental health crisis
intervention and to publicly disseminate use-of-force policies; to
require the promulgation of protocols for the investigation and
reporting of instances of the use of deadly force by Federal law
enforcement officers; to provide for grants to community supervision
offices for training in de-escalation techniques and to other
personnel, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 8, 2020
Mr. Richmond introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit the receipt of funds under the Edward Byrne Memorial State
and Local Law Enforcement Assistance Program and associated grant
programs by State and local government units that have failed to adopt
use-of-force policies and other policies that meet minimum standards;
require State and local government units that operate law enforcement
training programs funded by the Byrne program and associated grant
programs to train officers in de-escalation and mental health crisis
intervention and to publicly disseminate use-of-force policies; to
require the promulgation of protocols for the investigation and
reporting of instances of the use of deadly force by Federal law
enforcement officers; to provide for grants to community supervision
offices for training in de-escalation techniques and to other
personnel, 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 Reform Act of 2020''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Law enforcement officers in the United States have
always been appropriately empowered to use force, including
deadly force, when necessary to apprehend suspects, protect
public safety, and respond to imminent threats. The use of
force by law enforcement, however, must be exercised with due
regard to constitutional limits, proportionality, norms of
human dignity, and the importance of harmonious police-
community relations.
(2) In recent years, community unrest has been sparked by
incidents where law enforcement officers have used excessive or
disproportionate force, failed to deescalate encounters with
civilians, or failed to follow departmental policies and use-
of-force matrices, especially in communities of color.
(3) Grassroots organizations like the National Association
for the Advancement of Colored People, the American Civil
Liberties Union, the National Council of La Raza, the National
Urban League, National Congress of American Indians, and the
National Asian Pacific American Legal Consortium have monitored
allegations of police misconduct, while membership
organizations such as the National Sheriffs' Association,
Fraternal Order of Police, and National Association of School
Resource Officers have represented the interests of Federal,
State, local, and Indian tribal law enforcement groups and with
the civilian community on matters of common interest.
(4) Where excessive or disproportionate force is employed
by law enforcement officers, hostility is created between local
communities and law enforcement, reducing the effectiveness of
efforts to reduce crime and promote public safety.
(5) Police training in the United States is largely focused
upon operational, investigatory, and tactical concerns, with
less time and focus on issues relating to proportionality in
the use of force, de-escalation, and constitutional norms and
limits.
(6) Models for proportionate exercise of the use of force
exist. For example, the Police Executive Research Forum, a
national organization of police officials, has developed
guidelines advocating for a ``guardian'' model for policing.
These principles stress respect for human life, more
restrictive standards for the use of force, proportionality and
de-escalation techniques, and transparent and independent post-
action investigations.
(7) The issues surrounding law enforcement use of force are
especially difficult when it comes to police interactions with
persons undergoing mental health crises, which occurs in as
much as 20 percent of all police-civilian encounters. Law
enforcement training too often fails to prepare officers to
deal effectively and compassionately with people with mental
health disorders or partner with mental health crisis
interventionists or specialists.
(8) Programs promoting alternative responses to mental
health calls, including Crisis Intervention Training (CIT)
programs, have had a substantial positive impact on police
interactions with those undergoing a mental health crisis or
persons with physical, developmental, or intellectual
disabilities. In a CIT program, selected officers are trained
to identify persons undergoing a crisis, employ de-escalation
techniques, and serve as liaison between police and mental
health agencies, or partner with mental health responders
outside the law enforcement agency. Studies have shown that CIT
training is associated with reductions in arrests, increased
diversions to mental health services, and positive changes in
police attitudes and responses toward persons undergoing a
mental health crisis.
(9) Since 2017, the Federal Bureau of Investigation has
administered the National Use-of-Force Data Collection, which
seeks to compile data on police-civilian encounters that cause
death or serious bodily injury, or where an officer discharges
a weapon. Law enforcement officials have partnered with the FBI
in creating this data collection method, including the
Association of State Criminal Investigative Agencies,
Association of State Uniform Crime Reporting Programs,
International Association of Chiefs of Police, Major Cities
Chiefs Association, Major County Sheriffs of America, National
Organization of Black Law Enforcement Executives, National
Sheriffs' Association, and the Police Executive Research Forum.
SEC. 3. MINIMUM STANDARDS FOR USE-OF-FORCE POLICIES; USE-OF-FORCE
REVIEW BOARDS; DECERTIFICATION OF OFFICERS.
(a) Notwithstanding any other provision of law, no State or unit of
local government shall be eligible to receive funding under part E of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3750 et seq.) unless that State or unit of local government has
adopted a use-of-force training policy that, in substantial effect and
at a minimum, trains officers to adhere to the following standards and
permits--
(1) use of objectively reasonable and proportionate force
only to effect arrest, to prevent escape, or to overcome
resistance;
(2) use of deadly force only when the officer has an
objectively reasonable belief, based on the totality of the
circumstances that such force is necessary to--
(A) defend against an imminent threat of death or
serious bodily injury to the officer or to another
person who is not the subject of the use of deadly
force;
(B) apprehend a fleeing person for any suspected
felony that threatened or resulted in death or serious
bodily injury, if the officer reasonably believes that
the person will cause imminent death or serious bodily
injury to another person who is not the subject of the
use of deadly force, unless immediately apprehended;
(C) where feasible, the officer shall, prior to the
use of deadly force, make reasonable efforts to
identify themselves as a law enforcement officer and to
warn that deadly force may be used, unless the officer
has objectively reasonable grounds to believe the
person is aware of those facts; and
(D) law enforcement officers observing an encounter
where they have reason to believe, based on the
totality of the circumstances, that a violation of the
use of the agency's use of deadly force policy is
occurring have a duty to intervene in order to prevent
the use of deadly force in violation of the agency's
policy; and
(3) for purposes of this subsection, in order for a State
or unit of local government to be eligible to receive funding
under this statute, its use-of-force training policies must, at
a minimum, define--
(A) ``deadly force'' as any use of force that
creates a substantial risk of causing death or serious
bodily injury, including, but not limited to--
(i) the discharge of a firearm;
(ii) the use of carotid holds or blows; and
(iii) upper vertebrae strikes and holds;
(B) the threat of death or serious bodily injury as
``imminent'' when, based on the totality of the
circumstances, an objectively reasonable officer in the
same situation would believe that a person has the
present ability, opportunity, and intent to presently
cause death or serious bodily injury to the officer or
another person who is not the subject of the use of
deadly force;
(C) the use of deadly force as ``necessary'' only
when a law enforcement officer has an objectively
reasonable belief, based on the totality of the
circumstances, that death or serious bodily injury will
occur to the officer or to another person, who is not
the subject of the use of deadly force, but for the use
of deadly force. In determining whether deadly force is
necessary, a reasonable officer shall evaluate whether,
under the totality of the circumstances, other means or
techniques are available to prevent death or serious
bodily injury and are feasible under the totality of
the circumstances; and
(D) the ``totality of the circumstances'' to mean
all facts known to the officer at the time, including
the conduct of the officer and the subject leading up
to the use of deadly force.
(b) Use-of-Force Review Boards.--Notwithstanding any other
provision of law, no State or unit of local government shall be
eligible to receive funding under part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.)
unless that State or unit of local government has instituted a board
(in this Act referred to as a ``Review Board'') to review incidents of
the use of deadly force and allegations of the use of excessive force
by law enforcement officers.
(1) To meet the requirements of this Act, a Review Board
must--
(A) consist of no more than 5 persons, and a
majority of the membership of this Review Board must
not be current or former members of a Federal, State,
or local law enforcement agency;
(B) have the power, consistent with governing law,
to subpoena documents or compel testimony; and
(C) consistent with governing law regarding the
privacy of individuals, issue a written, publicly
available summary or disposition of its proceedings.
(2) At the discretion of the Attorney General, a State or
unit of local government may be exempted from the requirements
of this subsection of this Act for a period of up to 12 months
from the enactment of this Act, which exemption may be renewed
for an additional 12 months.
(c) Decertification of Officers.--Notwithstanding any other
provision of law, no State or unit of local government shall be
eligible to receive funding under part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.)
unless that State or unit of local government has in place an adequate
process or procedure to revoke the law enforcement officer or peace
officer certification (as determined under State law) of any officer
adjudged guilty or responsible, in any criminal, civil, or
administrative proceeding, of causing death or serious bodily injury to
any person in violation of governing law or law enforcement agency use-
of-force standards.
(1) No later than 180 days after the enactment of this Act,
the Attorney General shall issue guidance regarding the
requirements for the adequacy of a process or procedure to
revoke law enforcement officer or peace officer certification
under this provision, taking into account the due process
rights of law enforcement officers and the substantive
Constitutional rights of civilians.
(2) At the discretion of the Attorney General, a State or
unit of local government may be exempted from the requirements
of this subsection of this Act for a period of up to 12 months
from the enactment of this Act, which exemption may be renewed
for an additional 12 months.
SEC. 4. DE-ESCALATION AND USE-OF-FORCE TRAINING.
(a) Training Requirement.--For each fiscal year after the
expiration of the period specified in subsection (e) in which a State
or unit of local government receives a grant under part E of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750
et seq.), the State or unit of local government shall require that, for
an appropriate amount of time so as to ensure effective training, all
individuals enrolled in a training academy of a law enforcement agency
of the State or unit of local government and all law enforcement
officers of the State or unit of local government fulfill a training
session of no less than 16 hours on de-escalation techniques each
fiscal year (or, in the case of an academy of a law enforcement agency,
a unit of no less than 24 hours) that at a minimum includes--
(1) the use of alternative non-lethal methods of applying
force and techniques that assist the officer in preventing
escalation of any situation where force is likely to be used;
(2) verbal and physical tactics to minimize the need for
the use of force, with an emphasis on communication,
negotiation, de-escalation techniques, and slowing the pace of
a police-civilian encounter;
(3) the use of the lowest level of force that is a
practical and safe response to an identified threat, with
regular re-evaluation of the threat level throughout a police-
civilian encounter;
(4) principles of using distance, cover, and time when
approaching and managing critical incidents, in order to create
a reaction gap;
(5) strategies for managing interactions with persons
undergoing mental health crises, including at least one of--
(A) crisis intervention strategies drawn from
established, evidence-based CIT programs to
appropriately identify and respond to individuals
suffering from mental health or substance abuse issues,
with an emphasis on de-escalation tactics and promoting
effective communication;
(B) strategies emphasizing the use of collaborative
teams of mental health professionals and law
enforcement officers co-responding to mental health
calls;
(C) mobile crisis team strategies emphasizing the
use of teams of trained mental health professionals
responding directly to mental health calls; or
(D) crisis stabilization center strategies
emphasizing the use and operation of specialized
facilities that can receive people experiencing mental
health crises and that law enforcement, collaborative
and co-responder teams, mobile crisis teams and others
can transport people to when responding to mental
health calls; and
(6) other evidence-based approaches, as found by the
Attorney General, that enhance de-escalation skills and
tactics.
(b) Scenario-Based Training.--Training described in subsection (a)
shall be conducted with an emphasis on training that employs theories
of de-escalation techniques and applies them to practical on-the-job
scenarios that law enforcement officers regularly encounter.
(c) Cross-Training.--To the extent practicable, principles of
training as described in subsection (a) shall be applied to other
training conducted at an academy or by the State or unit of local
government, including but not limited to training on Constitutional
requirements.
(d) Any State or unit of local government receiving funds pursuant
to this Act shall designate at least one officer to serve as ``resource
officer'' for purposes of the training described in subsection (a), who
shall assist in developing and carrying out the training unit described
in that subsection. To the extent practicable, this officer shall be
trained at the Federal Bureau of Investigation Academy or substantially
similar law enforcement training program at least once every two years.
The FBI Academy is directed to develop programs, consistent with the
principles described in subsection (a), to train resource officers to
carry out their unit development and training duties within 180 days of
the enactment of this Act. States or units of local government
receiving funds pursuant to this Act shall allocate funds from grants
received under this Act to the extent practicable to facilitate FBI
training of resource officers.
(e) Compliance and Ineligibility.--
(1) Compliance date.--Beginning not later than 1 year after
the date of this Act, each State or unit of local government
receiving a grant shall comply with subsection (a), except that
at its discretion the Attorney General may grant an additional
12 months to a State or unit of local government to become
compliant.
(2) Ineligibility for funds.--For any fiscal year after the
expiration of the period specified in paragraph (1), a State or
unit of local government that fails to comply with subsection
(a), shall be subject to a reduction of not less than 25
percent and not more than 40 percent of the funds (the precise
reduction to be determined at the discretion of the Attorney
General) that would otherwise be allocated for that fiscal year
to the State or unit of local government 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; except that, in the case of a
State or unit of local government that fails to comply with
subsection (a) in two consecutive fiscal years, the reduction
shall not be less than 50 percent of such funds.
(f) Grant Scoring.--Office of Justice Programs shall give a
priority in all grant programs to any State or unit of local government
deemed fully compliant with the provisions of this Act.
(g) Reallocation.--Amounts not allocated under a program referred
to in subsection (e)(2) to a State or unit of local government for
failure to fully comply with subsection (a) shall be reallocated under
that program to States and units of local government that have not
failed to comply with this section.
(h) Evidence-Based Practices.--For purposes of subsection (a), the
Attorney General shall maintain a list of evidence-based practices it
determines is successful in enhancing de-escalation skills of law
enforcement officers, as compiled by the Police Executive Research
Forum (or other organization or organizations as designated by the
Attorney General). The Attorney General shall regularly update this
list as needed and shall publish the list to the public on a yearly
basis in the Federal Register.
(i) Data Collection and Reporting.--For each fiscal year after the
expiration of the period specified in subsection (e) in which a State
or unit of local government receives a grant under part E of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750
et seq.), the State or unit of local government receiving funds under
this Act shall report data on use-of-force incidents pursuant to the
National Use-of-Force Data Collection administered by the Federal
Bureau of Investigation. State and units of local government that
already collect such data in a format and manner comparable to the
National Use-of-Force Data Collection shall be eligible to report that
data pursuant to their existing system of data collection, at the
discretion of the Attorney General. The Attorney General shall, within
five years of enactment of this Act, undertake a comprehensive analysis
of the effect of this Act on instances and rates of use of force among
States and units of local government receiving funding under this Act,
which analysis shall be released to the public.
(j) Use-of-Force Policies; Development and Public Availability.--
For each fiscal year after the expiration of the period specified in
subsection (e) in which a State or unit of local government receives a
grant under part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3750 et seq.), the State or unit of
local government receiving funds under this Act shall--
(1) develop and adopt a use-of-force policy that is
consistent with the principles and techniques identified in
subsection (a) and that identifies the appropriate uses of, at
the least--
(A) blunt impact force by baton or projectile;
(B) chemical sprays or projectiles;
(C) conducted energy devices or ``tasers'';
(D) unleashed canines;
(E) vehicle strikes;
(F) chokeholds; and
(G) potentially lethal force;
(2) submit that policy to the Attorney General for a
determination that this policy is consistent with the
principles and techniques identified in sections 3 and 4 of
this Act and otherwise meets the requirements of this Act; and
(3) upon the determination of the Attorney General that the
use-of-force policy is compliant, the State or unit local
government shall post that use-of-force policy on its public
website, or if it does not maintain a public website, otherwise
make the policy reasonably available to members of the public.
SEC. 5. INVESTIGATIONS OF USE OF DEADLY FORCE BY LAW ENFORCEMENT.
(a) Not later than 180 days after the enactment of this Act, the
Attorney General shall develop a formal mechanism by which States and
units of local government receiving funds pursuant to this Act can
request that the Attorney General direct the Federal Bureau of
Investigation (or other appropriate Federal law enforcement agency) to
assist with the investigation of an incident of use of force, which
request shall not be unreasonably denied, and shall issue guidance for
the manner of conducting such investigations, including the release of
officer-worn body camera footage and the manner of reporting the
findings of such investigations to State and local units of government
or prosecutorial bodies, as appropriate.
(b) Notwithstanding any other provision of law, no State or unit of
local government shall be eligible to receive funding under part E of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3750 et seq.) unless that State or unit of local government has
amended any law, policy, or agreement that shields information related
to officer use of force or disciplinary records from public view.
(c) Nothing in this Act shall be construed as limiting, modifying,
or otherwise amending the Attorney General's power to investigate and/
or bring an enforcement action against State and local units of
government or law enforcement agencies under any other provision of
law.
SEC. 6. JUSTICE ASSISTANCE GRANTS FOR COMMUNITY SUPERVISION PROGRAMS;
SUPPORT FOR PERSONNEL.
(a) Title 34 of United States Code section 10152(a)(1) is amended
to add the following provision: ``(I) Community supervision programs,
for support of evidence-based supervision techniques.''
(b) For Justice Assistance Grants made pursuant to the above
provision, priority shall be given to programs to provide training to
community supervision officers consistent with the de-escalation
techniques and principles described in section 4 of this Act.
(c) In each State making subgrants pursuant to the Justice
Assistance Grants program, 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, to support the
salaries of personnel in part or in whole, not less than 10 percent of
the total amount of salary support shall be expended in support of
behavioral or mental health specialists, assessment and evaluation
specialists, reentry services specialists, public defenders, or any
other mental or behavioral health department personnel required to
execute programs described in subsection 4(a)(5) of this Act.
SEC. 7. DEVELOPMENT OF NATIONAL LAW ENFORCEMENT ACADEMY.
Not later than 365 days after the date of enactment of this Act,
the Director of the FBI shall present a plan to develop the National
Law Enforcement Academy. The National Law Enforcement Academy is
intended to be a ninety-day residential college for best practices
training for local law enforcement officers.
SEC. 8. ATTORNEY GENERAL GUIDANCE.
Not later than 180 days after the date of enactment of this Act,
the Attorney General shall issue guidance for the benefit of States and
units of local government on compliance with the requirements of this
Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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