[113th Congress Public Law 242]
[From the U.S. Government Publishing Office]
[[Page 2859]]
DEATH IN CUSTODY REPORTING ACT OF 2013
[[Page 128 STAT. 2860]]
Public Law 113-242
113th Congress
An Act
To encourage States to report to the Attorney General certain
information regarding the deaths of individuals in the custody of law
enforcement agencies, and for other purposes. <<NOTE: Dec. 18,
2014 - [H.R. 1447]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Death in Custody
Reporting Act of 2013. 42 USC 13701 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Death in Custody Reporting Act of
2013''.
SEC. 2. <<NOTE: 42 USC 13727.>> STATE INFORMATION REGARDING
INDIVIDUALS WHO DIE IN THE CUSTODY OF LAW
ENFORCEMENT.
(a) In General.--For each fiscal year after the expiration of the
period specified in subsection (c)(1) in which a State receives funds
for a program referred to in subsection (c)(2), the State shall report
to the Attorney General, on a quarterly basis and pursuant to guidelines
established by the Attorney General, information regarding the death of
any person who is detained, under arrest, or is in the process of being
arrested, is en route to be incarcerated, or is incarcerated at a
municipal or county jail, State prison, State-run boot camp prison, boot
camp prison that is contracted out by the State, any State or local
contract facility, or other local or State correctional facility
(including any juvenile facility).
(b) Information Required.--The report required by this section shall
contain information that, at a minimum, includes--
(1) the name, gender, race, ethnicity, and age of the
deceased;
(2) the date, time, and location of death;
(3) the law enforcement agency that detained, arrested, or
was in the process of arresting the deceased; and
(4) a brief description of the circumstances surrounding the
death.
(c) Compliance and Ineligibility.--
(1) Compliance date.--Each State shall have not more than
120 days from the date of enactment of this Act to comply with
subsection (a), except that--
(A) the Attorney General may grant an additional 120
days to a State that is making good faith efforts to
comply with such subsection; and
(B) <<NOTE: Waiver authority.>> the Attorney
General shall waive the requirements of subsection (a)
if compliance with such subsection by a State would be
unconstitutional under the constitution of such State.
[[Page 128 STAT. 2861]]
(2) Ineligibility for funds.--For any fiscal year after the
expiration of the period specified in paragraph (1), a State
that fails to comply with subsection (a), shall, at the
discretion of the Attorney General, 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 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.
(d) Reallocation.--Amounts not allocated under a program referred to
in subsection (c)(2) to a State for failure to fully comply with
subsection (a) shall be reallocated under that program to States that
have not failed to comply with such subsection.
(e) Definitions.--In this section the terms ``boot camp prison'' and
``State'' have the meaning given those terms, respectively, in section
901(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3791(a)).
(f) Study and Report of Information Relating to Deaths in Custody.--
(1) Study required.--The Attorney General shall carry out a
study of the information reported under subsection (b) and
section 3(a) to--
(A) determine means by which such information can be
used to reduce the number of such deaths; and
(B) examine the relationship, if any, between the
number of such deaths and the actions of management of
such jails, prisons, and other specified facilities
relating to such deaths.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Attorney General shall prepare and
submit to Congress a report that contains the findings of the
study required by paragraph (1).
SEC. 3. <<NOTE: 42 USC 13727a.>> FEDERAL LAW ENFORCEMENT DEATH IN
CUSTODY REPORTING REQUIREMENT.
(a) <<NOTE: Effective date.>> In General.--For each fiscal year
(beginning after the date that is 120 days after the date of the
enactment of this Act), the head of each Federal law enforcement agency
shall submit to the Attorney General a report (in such form and manner
specified by the Attorney General) that contains information regarding
the death of any person who is--
(1) detained, under arrest, or is in the process of being
arrested by any officer of such Federal law enforcement agency
(or by any State or local law enforcement officer while
participating in and for purposes of a Federal law enforcement
operation, task force, or any other Federal law enforcement
capacity carried out by such Federal law enforcement agency); or
(2) en route to be incarcerated or detained, or is
incarcerated or detained at--
(A) any facility (including any immigration or
juvenile facility) pursuant to a contract with such
Federal law enforcement agency;
(B) any State or local government facility used by
such Federal law enforcement agency; or
[[Page 128 STAT. 2862]]
(C) any Federal correctional facility or Federal
pre-trial detention facility located within the United
States.
(b) Information Required.--Each report required by this section
shall include, at a minimum, the information required by section 2(b).
(c) Study and Report.--Information reported under subsection (a)
shall be analyzed and included in the study and report required by
section 2(f).
Approved December 18, 2014.
LEGISLATIVE HISTORY--H.R. 1447:
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HOUSE REPORTS: No. 113-285 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 159 (2013):
Dec. 12, considered and passed
House.
Vol. 160 (2014):
Dec. 10, considered and passed
Senate.
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