PRIDE Act

I 116TH CONGRESS 2D SESSION H. R. 7089 To reform law enforcement practices, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 4, 2020 Mr. CASTRO of Texas introduced the following bill; which was referred to the Committee on the Judiciary A BILL To reform law enforcement practices, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Police Reporting Infor- 4 mation, Data, and Evidence Act of 2020’’ or the ‘‘PRIDE 5 Act’’. 6 SEC. 2. DEFINITIONS. 7 In this Act: 8 (1) BYRNE GRANT PROGRAM.—The term 9 ‘‘Byrne grant program’’ means any grant program 10 under subpart 1 of part E of title I of the Omnibus 11 Crime Control and Safe Streets Act of 1968 (34 12 VerDate Sep 11 2014 04:11 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7089.IH H7089 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 7089 IH U.S.C. 10151 et seq.), without regard to whether 1 the funds are characterized as being made available 2 under the Edward Byrne Memorial State and Local 3 Law Enforcement Assistance Programs, the Local 4 Government Law Enforcement Block Grants Pro- 5 gram, the Edward Byrne Memorial Justice Assist- 6 ance Grant Program, or otherwise. 7 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 8 has the meaning given the term ‘‘Indian tribe’’ in 9 section 901 of title I of the Omnibus Crime Control 10 and Safe Streets Act of 1968 (34 U.S.C. 10251). 11 (3) LAW ENFORCEMENT OFFICER.—The term 12 ‘‘law enforcement officer’’ means any officer, agent, 13 or employee of a State, unit of local government, or 14 Indian Tribe authorized by law or by a government 15 agency to engage in or supervise the prevention, de- 16 tection, or investigation of any violation of criminal 17 law. 18 (4) STATE.—The term ‘‘State’’ has the mean- 19 ing given the term in section 901 of title I of the 20 Omnibus Crime Control and Safe Streets Act of 21 1968 (34 U.S.C. 10251). 22 (5) USE OF FORCE.—The term ‘‘use of force’’ 23 includes the use of a firearm, Taser, explosive de- 24 vice, chemical agent (such as pepper spray), baton, 25 VerDate Sep 11 2014 04:11 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7089.IH H7089 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 7089 IH impact projectile, blunt instrument, hand, fist, foot, 1 canine, or vehicle against an individual. 2 SEC. 3. USE OF FORCE REPORTING. 3 (a) REPORTING REQUIREMENTS.— 4 (1) IN GENERAL.—Beginning in the first fiscal 5 year beginning after the date of enactment of this 6 Act and each fiscal year thereafter in which a State 7 or Indian Tribe receives funds under a Byrne grant 8 program, the State or Indian Tribe shall— 9 (A) report to the Attorney General, on a 10 quarterly basis and pursuant to guidelines es- 11 tablished by the Attorney General, information 12 regarding— 13 (i) any incident involving the shooting 14 of a civilian by a law enforcement officer 15 who is employed— 16 (I) in the case of an Indian 17 Tribe, by the Indian Tribe; or 18 (II) in the case of a State, by the 19 State or by a unit of local government 20 in the State; 21 (ii) any incident involving the shooting 22 of a law enforcement officer described in 23 clause (i) by a civilian; and 24 VerDate Sep 11 2014 04:11 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7089.IH H7089 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 7089 IH (iii) any incident in which use of force 1 by or against a law enforcement officer de- 2 scribed in clause (i) occurs, which is not 3 reported under clause (i) or (ii); 4 (B) establish a system and a set of policies 5 to ensure that all use of force incidents are re- 6 ported by law enforcement officers; and 7 (C) submit to the Attorney General a plan 8 for the collection of data required to be re- 9 ported under this section, including any modi- 10 fications to a previously submitted data collec- 11 tion plan. 12 (2) REPORT INFORMATION REQUIRED.— 13 (A) IN GENERAL.—The report required 14 under paragraph (1)(A) shall contain informa- 15 tion that includes, at a minimum— 16 (i) the national origin, sex, race, eth- 17 nicity, age, physical disability, mental dis- 18 ability, English language proficiency, hous- 19 ing status, and school status of each civil- 20 ian against whom a law enforcement offi- 21 cer used force; 22 (ii) the date, time, and location, in- 23 cluding zip code, of the incident and 24 whether the jurisdiction in which the inci- 25 VerDate Sep 11 2014 04:11 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7089.IH H7089 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 7089 IH dent occurred allows for the open-carry or 1 concealed-carry of a firearm; 2 (iii) whether the civilian was armed, 3 and, if so, the type of weapon the civilian 4 had; 5 (iv) the type of force used against the 6 officer, the civilian, or both, including the 7 types of weapons used; 8 (v) the reason force was used; 9 (vi) a description of any injuries sus- 10 tained as a result of the incident; 11 (vii) the number of officers involved in 12 the incident; 13 (viii) the number of civilians involved 14 in the incident; and 15 (ix) a brief description regarding the 16 circumstances surrounding the incident, 17 which shall include information on— 18 (I) the type of force used by all 19 involved persons; 20 (II) the legitimate police objective 21 necessitating the use of force; 22 (III) the resistance encountered 23 by each law enforcement officer in- 24 volved in the incident; 25 VerDate Sep 11 2014 04:11 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7089.IH H7089 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 7089 IH (IV) the efforts by law enforce- 1 ment officers to— 2 (aa) de-escalate the situation 3 in order to avoid the use of force; 4 or 5 (bb) minimize the level of 6 force used; and 7 (V) if applicable, the reason why 8 efforts described in subclause (IV) 9 were not attempted. 10 (B) INCIDENTS REPORTED UNDER DEATH 11 IN CUSTODY REPORTING ACT.—A State is not 12 required to include in a report under subsection 13 (a)(1) an incident reported by the State in ac- 14 cordance with section 20104(a)(2) of the Vio- 15 lent Crime Control and Law Enforcement Act 16 of 1994 (34 U.S.C. 12104(a)(2)). 17 (3) AUDIT OF USE-OF-FORCE REPORTING.—Not 18 later than 1 year after the date of enactment of this 19 Act, and each year thereafter, each State and Indian 20 Tribe described in paragraph (1) shall— 21 (A) conduct an audit of the use of force in- 22 cident reporting system required to be estab- 23 lished under paragraph (1)(B); and 24 VerDate Sep 11 2014 04:11 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7089.IH H7089 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 7089 IH (B) submit a report to the Attorney Gen- 1 eral on the audit conducted under subpara- 2 graph (A). 3 (4) COMPLIANCE PROCEDURE.—Prior to sub- 4 mitting a report under paragraph (1)(A), the State 5 or Indian Tribe submitting such report shall com- 6 pare the information compiled to be reported pursu- 7 ant to clause (i) of paragraph (1)(A) to open-source 8 data records, and shall revise such report to include 9 any incident determined to be missing from the re- 10 port based on such comparison. Failure to comply 11 with the procedures described in the previous sen- 12 tence shall be considered a failure to comply with 13 the requirements of this section. 14 (b) INELIGIBILITY FOR FUNDS.— 15 (1) IN GENERAL.—For any fiscal year in which 16 a State or Indian Tribe fails to comply with this sec- 17 tion, the State or Indian Tribe, at the discretion of 18 the Attorney General, shall be subject to not more 19 than a 10-percent reduction of the funds that would 20 otherwise be allocated for that fiscal year to the 21 State or Indian Tribe under a Byrne grant program. 22 (2) REALLOCATION.—Amounts not allocated 23 under a Byrne grant program in accordance with 24 paragraph (1) to a State for failure to comply with 25 VerDate Sep 11 2014 04:11 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7089.IH H7089 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 7089 IH this section shall be reallocated under the Byrne 1 grant program to States that have not failed to com- 2 ply with this section. 3 (c) PUBLIC AVAILABILITY OF DATA.— 4 (1) IN GENERAL.—Not later than 1 year after 5 the date of enactment of this Act, and each year 6 thereafter, the Attorney General shall publish, and 7 make available to the public, a report containing the 8 data reported to the Attorney General under this 9 section. 10 (2) PRIVACY PROTECTIONS.—Nothing in this 11 subsection shall be construed to supersede the re- 12 quirements or limitations under section 552a of title 13 5, United States Code (commonly known as the 14 ‘‘Privacy Act of 1974’’). 15 (d) GUIDANCE.—Not later than 180 days after the 16 date of enactment of this Act, the Attorney General, in 17 coordination with the Director of the Federal Bureau of 18 Investigation, shall issue guidance on best practices relat- 19 ing to establishing standard data collection systems that 20 capture the information required to be reported under sub- 21 section (a)(2), which shall include standard and consistent 22 definitions for terms, including the term ‘‘use of force’’ 23 which is consistent with the definition of such term in sec- 24 tion 2. 25 VerDate Sep 11 2014 04:11 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7089.IH H7089 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 7089 IH SEC. 4. COMMUNITY AND LAW ENFORCEMENT PARTNER- 1 SHIP GRANT PROGRAM. 2 (a) GRANTS AUTHORIZED.—The Attorney General 3 may make grants to eligible law enforcement agencies to 4 be used for the activities described in subsection (c). 5 (b) ELIGIBILITY.—In order to be eligible to receive 6 a grant under this section a law enforcement agency 7 shall— 8 (1) be located in a State or Indian Tribe that 9 receives funds under a Byrne grant program; 10 (2) employ not more that 100 law enforcement 11 officers; 12 (3) demonstrate that the use of force policy for 13 law enforcement officers employed by the law en- 14 forcement agency is publicly available; and 15 (4) establish and maintain a reporting system 16 that may be used by members of the public to report 17 incidents of use of force to the law enforcement 18 agency. 19 (c) ACTIVITIES DESCRIBED.—A grant made under 20 this section may be used by a law enforcement agency 21 for— 22 (1) the cost of assisting the State or Indian 23 Tribe in which the law enforcement agency is located 24 in complying with the reporting requirements de- 25 scribed in section 3; 26 VerDate Sep 11 2014 04:11 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7089.IH H7089 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 7089 IH (2) the cost of establishing necessary systems 1 required to investigate and report incidents as re- 2 quired under subsection (b)(4); 3 (3) public awareness campaigns designed to 4 gain information from the public on use of force by 5 or against law enforcement officers, including shoot- 6 ings, which may include tip lines, hotlines, and pub- 7 lic service announcements; and 8 (4) use of force training for law enforcement 9 agencies and personnel, including training on de-es- 10 calation, implicit bias, crisis intervention techniques, 11 and adolescent development. 12 SEC. 5. COMPLIANCE WITH REPORTING REQUIREMENTS. 13 (a) IN GENERAL.—Not later than 1 year after the 14 date of enactment of this Act, and each year thereafter, 15 the Attorney General shall conduct an audit and review 16 of the information provided under this Act to determine 17 whether each State or Indian Tribe described in section 18 903(a)(1) is in compliance with the requirements of this 19 Act. 20 (b) CONSISTENCY IN DATA REPORTING.— 21 (1) IN GENERAL.—Any data reported under 22 this Act shall be collected and reported in a manner 23 consistent with existing programs of the Department 24 VerDate Sep 11 2014 04:11 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7089.IH H7089 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 7089 IH of Justice that collect data on law enforcement offi- 1 cer encounters with civilians. 2 (2) GUIDELINES.—The Attorney General 3 shall— 4 (A) issue guidelines on the reporting re- 5 quirement under section 3; and 6 (B) seek public comment before finalizing 7 the guidelines required under subparagraph 8 (A). 9 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 10 There are authorized to be appropriated to the Attor- 11 ney General such sums as are necessary to carry out this 12 Act. 13 Æ VerDate Sep 11 2014 04:11 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H7089.IH H7089 pbinns on DSKJLVW7X2PROD with BILLS