Walter Scott Notification Act of 2020

To require law enforcement agencies to report the use of lethal force, and for other purposes. 1. Short title This Act may be cited as the Walter Scott Notification Act of 2020 2. Definitions In this Act— (1) the term law enforcement officer (2) the term State 34 U.S.C. 10251(a) 3. State information regarding use of lethal force by law enforcement officers (a) In general For each fiscal year in which a State receives funds for a program described in subsection (c), the State shall report to the Attorney General, on an annual basis and pursuant to guidelines established by the Attorney General, information regarding any discharge of a firearm by a law enforcement officer which results in the death of a civilian. (b) Information required The report required under subsection (a) shall contain information that, at a minimum, includes— (1) the number of decedents and the number of law enforcement officers who discharged a firearm; (2) the age, sex, race, and ethnicity of each decedent; (3) any mental health issue of a decedent that was observed or reported; (4) the age, sex, race, and ethnicity of each law enforcement officer; (5) a brief description of the event; (6) the alleged criminal activity of each decedent prior to the use of force; (7) whether each decedent was armed and the type of weapon the decedent had; (8) a description of the weapon used by each law enforcement officer; (9) a brief description of any injury sustained by a law enforcement officer; (10) a brief description of the finding of the law enforcement agency as to whether the use of deadly force was justified or unjustified; and (11) the case disposition, including whether— (A) the case was cleared by departmental review or referred to a prosecuting authority; (B) criminal charges were filed; (C) prosecution was declined; (D) a grand jury returned a No True Bill; or (E) a court entered an acquittal or a conviction. (c) Compliance (1) Ineligibility for funds For any fiscal year beginning after the date of enactment of this Act, a State that fails to comply with subsection (a), shall be subject to 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 ( 34 U.S.C. 10151 (2) Reallocation Amounts not allocated under a program referred to in paragraph (1) to a State for failure to comply with subsection (a) shall be reallocated under the program to States that have complied with subsection (a). (d) Preferential consideration Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 (n) Use of force reporting (1) Preferential consideration For the first fiscal year beginning after the date of enactment of this subsection and the 3 fiscal years thereafter, the Attorney General may give preferential consideration, where feasible, to an application from an applicant in a State that is in full compliance with section 3(a) of the Walter Scott Notification Act of 2020 (2) Reduction of grant amounts Beginning in the fifth fiscal year beginning after the date of enactment of this subsection, a State that fails to comply with section 3(a) of the Walter Scott Notification Act of 2020 (3) Reallocation Amounts not allocated under this part to a State for failure to comply with section 3(a) of the Walter Scott Notification Act of 2020 . (e) Independent audit and review Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall conduct an audit and review of the information provided under subsection (a) to determine whether each State receiving funds under section 505(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10156(a) 34 U.S.C. 10381 (f) Public availability of data (1) In general 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 subsection (a). (2) Privacy protections 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 (g) Guidance 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), which shall include standard and consistent definitions for terms.

Summary: Walter Scott Notification Act of 2020 This bill establishes new requirements for existing grant programs to incentivize reporting on deadly shootings by law enforcement. Specifically, it requires a state that receives funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) program to report certain data on deadly shootings by law enforcement officers. It reduces by 10% the JAG allocation of a state that fails to comply. Additionally, for an initial four-year period, the Department of Justice (DOJ) may give preference to a Community Oriented Policing Services (COPS) program grant applicant from a state that reports data on deadly shootings by law enforcement. Beginning in the fifth year, DOJ must reduce by 20% the COPS allocation of a state that fails to report such data.