Police Reform Act of 2020

I 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 inter- vention 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 VerDate Sep 11 2014 02:36 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H7137.IH H7137 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 7137 IH intervention and to publicly disseminate use-of-force poli- cies; 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 pro- vide for grants to community supervision offices for training in de-escalation techniques and to other per- sonnel, 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 Reform Act of 4 2020’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) Law enforcement officers in the United 8 States have always been appropriately empowered to 9 use force, including deadly force, when necessary to 10 apprehend suspects, protect public safety, and re- 11 spond to imminent threats. The use of force by law 12 enforcement, however, must be exercised with due 13 regard to constitutional limits, proportionality, 14 norms of human dignity, and the importance of har- 15 monious police-community relations. 16 (2) In recent years, community unrest has been 17 sparked by incidents where law enforcement officers 18 have used excessive or disproportionate force, failed 19 to deescalate encounters with civilians, or failed to 20 VerDate Sep 11 2014 02:36 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7137.IH H7137 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 7137 IH follow departmental policies and use-of-force mat- 1 rices, especially in communities of color. 2 (3) Grassroots organizations like the National 3 Association for the Advancement of Colored People, 4 the American Civil Liberties Union, the National 5 Council of La Raza, the National Urban League, 6 National Congress of American Indians, and the Na- 7 tional Asian Pacific American Legal Consortium 8 have monitored allegations of police misconduct, 9 while membership organizations such as the Na- 10 tional Sheriffs’ Association, Fraternal Order of Po- 11 lice, and National Association of School Resource 12 Officers have represented the interests of Federal, 13 State, local, and Indian tribal law enforcement 14 groups and with the civilian community on matters 15 of common interest. 16 (4) Where excessive or disproportionate force is 17 employed by law enforcement officers, hostility is 18 created between local communities and law enforce- 19 ment, reducing the effectiveness of efforts to reduce 20 crime and promote public safety. 21 (5) Police training in the United States is 22 largely focused upon operational, investigatory, and 23 tactical concerns, with less time and focus on issues 24 VerDate Sep 11 2014 02:36 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7137.IH H7137 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 7137 IH relating to proportionality in the use of force, de-es- 1 calation, and constitutional norms and limits. 2 (6) Models for proportionate exercise of the use 3 of force exist. For example, the Police Executive Re- 4 search Forum, a national organization of police offi- 5 cials, has developed guidelines advocating for a 6 ‘‘guardian’’ model for policing. These principles 7 stress respect for human life, more restrictive stand- 8 ards for the use of force, proportionality and de-es- 9 calation techniques, and transparent and inde- 10 pendent post-action investigations. 11 (7) The issues surrounding law enforcement use 12 of force are especially difficult when it comes to po- 13 lice interactions with persons undergoing mental 14 health crises, which occurs in as much as 20 percent 15 of all police-civilian encounters. Law enforcement 16 training too often fails to prepare officers to deal ef- 17 fectively and compassionately with people with men- 18 tal health disorders or partner with mental health 19 crisis interventionists or specialists. 20 (8) Programs promoting alternative responses 21 to mental health calls, including Crisis Intervention 22 Training (CIT) programs, have had a substantial 23 positive impact on police interactions with those un- 24 dergoing a mental health crisis or persons with phys- 25 VerDate Sep 11 2014 02:36 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7137.IH H7137 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 7137 IH ical, developmental, or intellectual disabilities. In a 1 CIT program, selected officers are trained to iden- 2 tify persons undergoing a crisis, employ de-esca- 3 lation techniques, and serve as liaison between police 4 and mental health agencies, or partner with mental 5 health responders outside the law enforcement agen- 6 cy. Studies have shown that CIT training is associ- 7 ated with reductions in arrests, increased diversions 8 to mental health services, and positive changes in 9 police attitudes and responses toward persons under- 10 going a mental health crisis. 11 (9) Since 2017, the Federal Bureau of Inves- 12 tigation has administered the National Use-of-Force 13 Data Collection, which seeks to compile data on po- 14 lice-civilian encounters that cause death or serious 15 bodily injury, or where an officer discharges a weap- 16 on. Law enforcement officials have partnered with 17 the FBI in creating this data collection method, in- 18 cluding the Association of State Criminal Investiga- 19 tive Agencies, Association of State Uniform Crime 20 Reporting Programs, International Association of 21 Chiefs of Police, Major Cities Chiefs Association, 22 Major County Sheriffs of America, National Organi- 23 zation of Black Law Enforcement Executives, Na- 24 VerDate Sep 11 2014 02:36 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7137.IH H7137 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 7137 IH tional Sheriffs’ Association, and the Police Executive 1 Research Forum. 2 SEC. 3. MINIMUM STANDARDS FOR USE-OF-FORCE POLI- 3 CIES; USE-OF-FORCE REVIEW BOARDS; DE- 4 CERTIFICATION OF OFFICERS. 5 (a) Notwithstanding any other provision of law, no 6 State or unit of local government shall be eligible to re- 7 ceive funding under part E of title I of the Omnibus Crime 8 Control and Safe Streets Act of 1968 (42 U.S.C. 3750 9 et seq.) unless that State or unit of local government has 10 adopted a use-of-force training policy that, in substantial 11 effect and at a minimum, trains officers to adhere to the 12 following standards and permits— 13 (1) use of objectively reasonable and propor- 14 tionate force only to effect arrest, to prevent escape, 15 or to overcome resistance; 16 (2) use of deadly force only when the officer 17 has an objectively reasonable belief, based on the to- 18 tality of the circumstances that such force is nec- 19 essary to— 20 (A) defend against an imminent threat of 21 death or serious bodily injury to the officer or 22 to another person who is not the subject of the 23 use of deadly force; 24 VerDate Sep 11 2014 02:36 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7137.IH H7137 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 7137 IH (B) apprehend a fleeing person for any 1 suspected felony that threatened or resulted in 2 death or serious bodily injury, if the officer rea- 3 sonably believes that the person will cause im- 4 minent death or serious bodily injury to another 5 person who is not the subject of the use of 6 deadly force, unless immediately apprehended; 7 (C) where feasible, the officer shall, prior 8 to the use of deadly force, make reasonable ef- 9 forts to identify themselves as a law enforce- 10 ment officer and to warn that deadly force may 11 be used, unless the officer has objectively rea- 12 sonable grounds to believe the person is aware 13 of those facts; and 14 (D) law enforcement officers observing an 15 encounter where they have reason to believe, 16 based on the totality of the circumstances, that 17 a violation of the use of the agency’s use of 18 deadly force policy is occurring have a duty to 19 intervene in order to prevent the use of deadly 20 force in violation of the agency’s policy; and 21 (3) for purposes of this subsection, in order for 22 a State or unit of local government to be eligible to 23 receive funding under this statute, its use-of-force 24 training policies must, at a minimum, define— 25 VerDate Sep 11 2014 02:36 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7137.IH H7137 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 7137 IH (A) ‘‘deadly force’’ as any use of force that 1 creates a substantial risk of causing death or 2 serious bodily injury, including, but not limited 3 to— 4 (i) the discharge of a firearm; 5 (ii) the use of carotid holds or blows; 6 and 7 (iii) upper vertebrae strikes and holds; 8 (B) the threat of death or serious bodily 9 injury as ‘‘imminent’’ when, based on the total- 10 ity of the circumstances, an objectively reason- 11 able officer in the same situation would believe 12 that a person has the present ability, oppor- 13 tunity, and intent to presently cause death or 14 serious bodily injury to the officer or another 15 person who is not the subject of the use of 16 deadly force; 17 (C) the use of deadly force as ‘‘necessary’’ 18 only when a law enforcement officer has an ob- 19 jectively reasonable belief, based on the totality 20 of the circumstances, that death or serious bod- 21 ily injury will occur to the officer or to another 22 person, who is not the subject of the use of 23 deadly force, but for the use of deadly force. In 24 determining whether deadly force is necessary, 25 VerDate Sep 11 2014 02:36 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7137.IH H7137 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 7137 IH a reasonable officer shall evaluate whether, 1 under the totality of the circumstances, other 2 means or techniques are available to prevent 3 death or serious bodily injury and are feasible 4 under the totality of the circumstances; and 5 (D) the ‘‘totality of the circumstances’’ to 6 mean all facts known to the officer at the time, 7 including the conduct of the officer and the 8 subject leading up to the use of deadly force. 9 (b) USE-OF-FORCE REVIEW BOARDS.—Notwith- 10 standing any other provision of law, no State or unit of 11 local government shall be eligible to receive funding under 12 part E of title I of the Omnibus Crime Control and Safe 13 Streets Act of 1968 (42 U.S.C. 3750 et seq.) unless that 14 State or unit of local government has instituted a board 15 (in this Act referred to as a ‘‘Review Board’’) to review 16 incidents of the use of deadly force and allegations of the 17 use of excessive force by law enforcement officers. 18 (1) To meet the requirements of this Act, a Re- 19 view Board must— 20 (A) consist of no more than 5 persons, and 21 a majority of the membership of this Review 22 Board must not be current or former members 23 of a Federal, State, or local law enforcement 24 agency; 25 VerDate Sep 11 2014 02:36 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7137.IH H7137 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 7137 IH (B) have the power, consistent with gov- 1 erning law, to subpoena documents or compel 2 testimony; and 3 (C) consistent with governing law regard- 4 ing the privacy of individuals, issue a written, 5 publicly available summary or disposition of its 6 proceedings. 7 (2) At the discretion of the Attorney General, 8 a State or unit of local government may be exempted 9 from the requirements of this subsection of this Act 10 for a period of up to 12 months from the enactment 11 of this Act, which exemption may be renewed for an 12 additional 12 months. 13 (c) DECERTIFICATION OF OFFICERS.—Notwith- 14 standing any other provision of law, no State or unit of 15 local government shall be eligible to receive funding under 16 part E of title I of the Omnibus Crime Control and Safe 17 Streets Act of 1968 (42 U.S.C. 3750 et seq.) unless that 18 State or unit of local government has in place an adequate 19 process or procedure to revoke the law enforcement officer 20 or peace officer certification (as determined under State 21 law) of any officer adjudged guilty or responsible, in any 22 criminal, civil, or administrative proceeding, of causing 23 death or serious bodily injury to any person in violation 24 VerDate Sep 11 2014 02:36 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7137.IH H7137 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 7137 IH of governing law or law enforcement agency use-of-force 1 standards. 2 (1) No later than 180 days after the enactment 3 of this Act, the Attorney General shall issue guid- 4 ance regarding the requirements for the adequacy of 5 a process or procedure to revoke law enforcement of- 6 ficer or peace officer certification under this provi- 7 sion, taking into account the due process rights of 8 law enforcement officers and the substantive Con- 9 stitutional rights of civilians. 10 (2) At the discretion of the Attorney General, 11 a State or unit of local government may be exempted 12 from the requirements [Text truncated for display. Full text available on Congress.gov.]