PUBLIC LAW 113–242—DEC. 18, 2014 

DEATH IN CUSTODY REPORTING ACT OF 2013 


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128 STAT. 2860 PUBLIC LAW 113–242—DEC. 18, 2014 

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. 

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 ‘‘Death in Custody Reporting 

Act of 2013’’. 

SEC. 2. 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) 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. 

Waiver authority. 

42 USC 13727. 

Death in Custody 

Reporting Act 

of 2013. 

42 USC 13701 

note. 

Dec. 18, 2014 

[H.R. 1447] 


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PUBLIC LAW 113–242—DEC. 18, 2014 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. FEDERAL LAW ENFORCEMENT DEATH IN CUSTODY REPORTING 

REQUIREMENT. 

(a) 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 

Effective date. 

42 USC 13727a. 


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128 STAT. 2862 PUBLIC LAW 113–242—DEC. 18, 2014 

LEGISLATIVE HISTORY—H.R. 1447: 

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. 

Æ 

(C) any Federal correctional facility or Federal pretrial 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. 


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