I 

115TH CONGRESS 

1ST SESSION H. R. 2115 

To encourage State, local and tribal jurisdictions to implement and enforce 

appropriate and time-sensitive procedures to notify the next-of-kin or 

designated person upon the death or life-threatening emergency of an 

individual who is in the custody of law enforcement. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 24, 2017 

Ms. BASS (for herself and Mr. RICHMOND) introduced the following bill; which 

was referred to the Committee on the Judiciary 

A BILL 

To encourage State, local and tribal jurisdictions to implement and enforce appropriate and time-sensitive procedures to notify the next-of-kin or designated person upon 

the death or life-threatening emergency of an individual 

who is in the custody of law enforcement. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Family Notification 

5 of Death in Custody or Life-Threatening Emergency Act 

6 of 2017’’ or the ‘‘Wakiesha’s Law’’. 


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1 SEC. 2. PURPOSE. 

2 To encourage State, local and tribal jurisdictions to 

3 implement and enforce appropriate and time-sensitive pro4 cedures to notify the next-of-kin or designated person 

5 upon the death or life-threatening emergency of an indi6 vidual who is in the custody of law enforcement. 

7 SEC. 3. COMPLIANCE AND INELIGIBILITY. 

8 (a) COMPLIANCE.— 

9 (1) FEDERAL LAW ENFORCEMENT AGENCIES.— 

10 Each Federal law enforcement agency shall take 

11 such actions as may be necessary to ensure compli12 ance with the requirements of sections 4 and 5. 

13 (2) STATES AND LOCALITIES.—For purposes of 

14 this section, a State or unit of local government is 

15 a noncompliant jurisdiction if that State or unit of 

16 local government does not establish, implement, or 

17 enforce a law, policy, or procedure to ensure compli18 ance with the requirements of sections 4 and 5. 

19 (b) REDUCTION OF GRANT FUNDS.—For each fiscal 

20 year beginning after the date of enactment of this Act, 

21 a State shall be subject to a 10-percent reduction of the 

22 funds that would otherwise be allocated for the fiscal year 

23 to the State under subpart 1 of part E of title I of the 

24 Omnibus Crime Control and Safe Streets Act of 1968 (42 

25 U.S.C. 3750 et seq.), whether characterized as the Ed26 ward Byrne Memorial State and Local Law Enforcement 


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1 Assistance Programs, the Local Government Law En2 forcement Block Grants Program, the Edward Byrne Me3 morial Justice Assistance Grant Program, or otherwise, 

4 if during the prior fiscal year— 

5 (1) the State was a noncompliant jurisdiction; 

6 or 

7 (2) a unit of local government was a noncompli8 ant jurisdiction. 

9 (c) REALLOCATION OF FUNDS.—Amounts not allo10 cated accordingly to a State for failure to fully comply 

11 with this Act shall be reallocated under that program to 

12 States that have complied with this Act. 

13 SEC. 4. INFORMATION REQUIRED UPON ARREST OR DE14 TENTION. 

15 (a) IN GENERAL.—In the case of an individual taken 

16 into the custody of a law enforcement agency, the agency 

17 shall, at the time of taking custody, including during an 

18 arrest, during or prior to booking or intake screening as 

19 a new commitment, in transfer from another institution, 

20 as a court return, as a return from a writ, or as a hold21 over, obtain basic identification information for the indi22 vidual, including his or her name, date of birth, and last 

23 known address, as well as ensuring that the information 

24 is accurate and complete. The individual may not be 


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1 placed into any correctional institution prior to the acqui2 sition and confirmation of such information. 

3 (b) EMERGENCY NOTIFICATION INFORMATION.—The 

4 receiving institution or agency shall also obtain the name, 

5 relationship, and contact information, including mailing 

6 address and one or more phone numbers, of at least one 

7 person or next-of-kin to be notified in case of death or 

8 emergency. In all instances where counsel has entered ap9 pearance on the record as a representative for the indi10 vidual, the attorney listed shall by default be listed as the 

11 designated emergency contact. The attorney contact shall 

12 be provided in addition to the contact or contacts provided 

13 by the individual. 

14 (c) NO USE IN PROCEEDINGS.—Under no cir15 cumstances may any information obtained for the purpose 

16 of identifying a next-of-kin or designated emergency con17 tact be used in any criminal, civil or investigative pro18 ceeding against the individual. 

19 SEC. 5. NOTIFICATION BY LAW ENFORCEMENT OF FAMILY 

20 WITH REGARD TO DEATH OR LIFE-THREAT21 ENING EMERGENCY OCCURRING TO INDI22 VIDUAL IN CUSTODY. 

23 (a) DEATH NOTIFICATION MINIMUM STANDARDS.— 

24 In the case of an individual who dies while in the custody 

25 of a law enforcement agency: 


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1 (1) WRITTEN NOTIFICATION PLAN.—A law en2 forcement agency shall have a written notification 

3 plan in place identifying all designated staff mem4 bers who are authorized, trained and prepared to de5 liver notification of death to the next-of-kin or des6 ignated contact in a professional and compassionate 

7 manner. 

8 (2) TIMEFRAME FOR NOTIFICATION.—In the 

9 event an individual dies while in the custody of law 

10 enforcement, such notification shall be delivered not 

11 later than 3 hours after the declaration of death. 

12 (3) MANNER OF NOTIFICATION.—To minimize 

13 confusion and trauma suffered by the family or des14 ignated contact of the deceased, reasonable efforts 

15 may be taken when practical to ensure that notifica16 tion is provided in-person and in a private setting. 

17 (4) INFORMATION REQUIRED.—Such notifica18 tion shall include the official time of death, the 

19 cause of death (if determined) and all pertinent cir20 cumstances surrounding the death, including wheth21 er the individual’s death is under investigation and 

22 the reason for opening an investigation. 

23 (5) DOCUMENTATION OF ATTEMPTS.—All noti24 fication attempts shall be documented and main25 tained within the custodial record, including— 


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1 (A) the staff name and corresponding 

2 agency or department contact information for 

3 all those responsible for carrying out the notifi4 cation; 

5 (B) the date and time of successful and 

6 unsuccessful contacts; 

7 (C) the names and contacts to which at8 tempts were made, and any reason for failed or 

9 unsuccessful contact; and 

10 (D) any incidents of unclaimed or rejected 

11 claims for the body or property of the deceased, 

12 including a detailed description of where any 

13 unclaimed bodies and property have been dis14 posed of. 

15 (b) AUTOPSY NOTIFICATIONS.—In the case of an in16 dividual who dies while in the custody of a law enforce17 ment agency, if an autopsy of that individual is required: 

18 (1) NOTIFICATION.—The next-of-kin or des19 ignated contacts shall be informed immediately upon 

20 any determination that an autopsy shall be per21 formed, and such notification shall include the rea22 son that the autopsy is being performed. 

23 (2) RESULTS REPORTED.—A copy of the au24 topsy report and results shall be made available to 


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1 the next-of-kin or designated contact immediately 

2 upon completion. 

3 (3) INDEPENDENT AUTOPSY.—The State and 

4 the next of kin shall have the opportunity to perform 

5 a separate autopsy. 

6 (c) LIFE-THREATENING EMERGENCY NOTIFICATION

7 MINIMUM STANDARDS.—In the case of any life-threat8 ening event occurring to an individual in the custody of 

9 a law enforcement agency: 

10 (1) WRITTEN NOTIFICATION PLAN.—A law en11 forcement agency shall have a written notification 

12 plan in place identifying all designated staff mem13 bers who are authorized, trained and prepared to de14 liver notification of a life-threatening event to the 

15 next-of-kin or designated contact in a professional 

16 and compassionate manner. 

17 (2) TIMEFRAME FOR NOTIFICATION.—Notice to 

18 the designated emergency contact shall be made as 

19 soon as practicable after the life-threatening event 

20 occurs, and, where practicable without delaying 

21 treatment, prior to any required medical procedure, 

22 but in any event, not later than any medical dis23 charge or clearance. 

24 (3) MANNER OF NOTIFICATION.—To minimize 

25 confusion and trauma suffered by the family or desVerDate Sep 11 2014 21:10 Apr 24, 2017 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2115.IH H2115

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1 ignated contact of the individual who has suffered a 

2 life-threatening event, reasonable efforts may be 

3 taken when practical to ensure that notification is 

4 made in-person and in a private setting. 

5 (4) INFORMATION REQUIRED.—Such notifica6 tion shall include details of the life-threatening 

7 event, including— 

8 (A) whether the individual is incapacitated, 

9 unconscious, or unable to speak; 

10 (B) the cause and nature of the life-threat11 ening event; 

12 (C) whether any medical procedures or life13 saving measures were performed in response to 

14 the life-threatening event; and 

15 (D) whether any medical followup is rec16 ommended and the nature of the recommended 

17 followup. 

18 (5) DOCUMENTATION OF ATTEMPTS.—All noti19 fication attempts shall be documented and main20 tained within the custodial record, including— 

21 (A) the staff name and corresponding 

22 agency or department contact information for 

23 all those responsible for carrying out the notifi24 cation; 


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1 (B) the date and time of successful and 

2 unsuccessful contacts; and 

3 (C) the names and contacts to which at4 tempts were made, and any reason for failed or 

5 unsuccessful contact. 

6 SEC. 6. REPORT TO ATTORNEY GENERAL. 

7 Section 2(b) of the Death in Custody Reporting Act 

8 of 2013 (42 U.S.C. 13727(b)) is amended— 

9 (1) in paragraph (3), by striking ‘‘and’’ at the 

10 end; 

11 (2) in paragraph (4), by striking the period at 

12 the end and inserting a semicolon; and 

13 (3) by inserting after paragraph (4) the fol14 lowing: 

15 ‘‘(5) the date and time notification of death was 

16 provided to the next of kin or designated contact; 

17 ‘‘(6) the date and time of each unsuccessful no18 tification attempt was made; and 

19 ‘‘(7) a detailed description of where any un20 claimed bodies and property have been disposed of, 

21 including the amount of time lapsed prior to taking 

22 such action.’’. 

23 SEC. 7. DEFINITIONS. 

24 In this Act: 


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1 (1) IN CUSTODY OF A LAW ENFORCEMENT

2 AGENCY.—The term ‘‘in the custody of a law en3 forcement agency’’ means, with regard to an indi4 vidual, that the individual is detained, under arrest, 

5 or is in the process of being arrested, is en route to 

6 be incarcerated, or is incarcerated at a municipal or 

7 county jail, State prison, State-run boot camp pris8 on, boot camp prison that is contracted out by the 

9 State, any State or local contract facility, or other 

10 local, tribal or State correctional facility, including a 

11 juvenile facility or a medical or mental health facil12 ity. 

13 (2) CUSTODIAL RECORD.—The term ‘‘custodial 

14 record’’ means the central file of an individual in 

15 custody. 

16 (3) JUVENILE FACILITY.—The term ‘‘juvenile 

17 facility’’ includes juvenile or youth detention center, 

18 placement facility, group home or other State, pri19 vate or contracted unit maintaining the custody of 

20 a youth under court order or law enforcement ac21 tion. 

22 (4) LIFE-THREATENING.—The term ‘‘life23 threatening event’’ means a medical event, episode, 

24 condition, or accident— 


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1 (A) where, without immediate treatment 

2 for the condition, death is eminent; 

3 (B) where hospitalization is required be4 cause of a serious, life-threatening medical or 

5 surgical condition that requires immediate 

6 treatment; or 

7 (C) where an individual is unconscious or 

8 incapacitated such that they are incapable of 

9 providing consent for medical treatment. 

Æ 


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