Sec. 223. Use of force reporting
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/bill/116/hr/7120/ih/section-223A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Beginning in the first fiscal year beginning after the date of enactment of this Act and each fiscal year thereafter in which a State receives funds under a Byrne grant program, the State shall— report to the Attorney General, on a quarterly basis and pursuant to guidelines established by the Attorney General, information regarding— any incident involving the shooting of a civilian by a local law enforcement officer who is employed by the State or by a unit of local government in the State; any incident involving the shooting of a local law enforcement officer described in clause
(i)by a civilian; any incident involving the death or arrest of a law enforcement officer; any incident in which use of force by or against a local law enforcement officer described in clause
(i)occurs, which is not reported under clause (i), (ii), or (iii); deaths in custody; and arrests and bookings. establish a system and a set of policies to ensure that all use of force incidents are reported by local law enforcement officers; and 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. The report required under paragraph (1)(A) shall contain information that includes, at a minimum— the national origin, sex, race, ethnicity, age, disability, English language proficiency, and housing status of each civilian against whom a local law enforcement officer used force; the date, time, and location, including whether it was on school grounds, 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; whether the civilian was armed, and, if so, the type of weapon the civilian had; the type of force used against the officer, the civilian, or both, including the types of weapons used; the reason force was used; a description of any injuries sustained as a result of the incident; the number of officers involved in the incident; the number of civilians involved in the incident; and a brief description regarding the circumstances surrounding the incident, which shall include information on— the type of force used by all involved persons; the legitimate police objective necessitating the use of force; the resistance encountered by each local law enforcement officer involved in the incident; the efforts by local law enforcement officers to— de-escalate the situation in order to avoid the use of force; or minimize the level of force used; and if applicable, the reason why efforts described in subclause
(IV)were not attempted. 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 ( 34 U.S.C. 12104(a)(2) ). 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— conduct an audit of the use of force incident reporting system required to be established under paragraph (1)(B); and submit a report to the Attorney General on the audit conducted under subparagraph (A). Prior to submitting a report under paragraph (1)(A), the State 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. 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 under a Byrne grant program. 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. The State shall ensure that all schools and local educational agencies within the jurisdiction of the State provide the State with the information needed regarding school resource officers to comply with this section. 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. 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 ). 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 222.
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Sec. 223
Use of force reporting
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