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 imple-
ment and enforce appropriate and time-sensitive proce-
dures 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Family Notification 
of Death in Custody or Life-Threatening Emergency Act 
of 2017’’ or the ‘‘Wakiesha’s Law’’. 
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SEC. 2. PURPOSE. 
To encourage State, local and tribal jurisdictions to 
implement and enforce appropriate and time-sensitive pro-
cedures to notify the next-of-kin or designated person 
upon the death or life-threatening emergency of an indi-
vidual who is in the custody of law enforcement. 
SEC. 3. COMPLIANCE AND INELIGIBILITY. 
(a) COMPLIANCE.— 
(1) FEDERAL LAW ENFORCEMENT AGENCIES.— 
Each Federal law enforcement agency shall take 
such actions as may be necessary to ensure compli-
ance with the requirements of sections 4 and 5. 
(2) STATES AND LOCALITIES.—For purposes of 
this section, a State or unit of local government is 
a noncompliant jurisdiction if that State or unit of 
local government does not establish, implement, or 
enforce a law, policy, or procedure to ensure compli-
ance with the requirements of sections 4 and 5. 
(b) REDUCTION OF GRANT FUNDS.—For each fiscal 
year beginning after the date of enactment of this Act, 
a State shall be subject to a 10-percent reduction of the 
funds that would otherwise be allocated for the 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 Ed-
ward Byrne Memorial State and Local Law Enforcement 
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Assistance Programs, the Local Government Law En-
forcement Block Grants Program, the Edward Byrne Me-
morial Justice Assistance Grant Program, or otherwise, 
if during the prior fiscal year— 
(1) the State was a noncompliant jurisdiction; 
or 
(2) a unit of local government was a noncompli-
ant jurisdiction. 
(c) REALLOCATION OF FUNDS.—Amounts not allo-
cated accordingly to a State for failure to fully comply 
with this Act shall be reallocated under that program to 
States that have complied with this Act. 
SEC. 4. INFORMATION REQUIRED UPON ARREST OR DE-
TENTION. 
(a) IN GENERAL.—In the case of an individual taken 
into the custody of a law enforcement agency, the agency 
shall, at the time of taking custody, including during an 
arrest, during or prior to booking or intake screening as 
a new commitment, in transfer from another institution, 
as a court return, as a return from a writ, or as a hold-
over, obtain basic identification information for the indi-
vidual, including his or her name, date of birth, and last 
known address, as well as ensuring that the information 
is accurate and complete. The individual may not be 
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placed into any correctional institution prior to the acqui-
sition and confirmation of such information. 
(b) EMERGENCY NOTIFICATION INFORMATION.—The 
receiving institution or agency shall also obtain the name, 
relationship, and contact information, including mailing 
address and one or more phone numbers, of at least one 
person or next-of-kin to be notified in case of death or 
emergency. In all instances where counsel has entered ap-
pearance on the record as a representative for the indi-
vidual, the attorney listed shall by default be listed as the 
designated emergency contact. The attorney contact shall 
be provided in addition to the contact or contacts provided 
by the individual. 
(c) NO USE
IN PROCEEDINGS.—Under no cir-
cumstances may any information obtained for the purpose 
of identifying a next-of-kin or designated emergency con-
tact be used in any criminal, civil or investigative pro-
ceeding against the individual. 
SEC. 5. NOTIFICATION BY LAW ENFORCEMENT OF FAMILY 
WITH REGARD TO DEATH OR LIFE-THREAT-
ENING EMERGENCY OCCURRING TO INDI-
VIDUAL IN CUSTODY. 
(a) DEATH NOTIFICATION MINIMUM STANDARDS.— 
In the case of an individual who dies while in the custody 
of a law enforcement agency: 
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(1) WRITTEN NOTIFICATION PLAN.—A law en-
forcement agency shall have a written notification 
plan in place identifying all designated staff mem-
bers who are authorized, trained and prepared to de-
liver notification of death to the next-of-kin or des-
ignated contact in a professional and compassionate 
manner. 
(2) TIMEFRAME
FOR
NOTIFICATION.—In the 
event an individual dies while in the custody of law 
enforcement, such notification shall be delivered not 
later than 3 hours after the declaration of death. 
(3) MANNER OF NOTIFICATION.—To minimize 
confusion and trauma suffered by the family or des-
ignated contact of the deceased, reasonable efforts 
may be taken when practical to ensure that notifica-
tion is provided in-person and in a private setting. 
(4) INFORMATION
REQUIRED.—Such notifica-
tion shall include the official time of death, the 
cause of death (if determined) and all pertinent cir-
cumstances surrounding the death, including wheth-
er the individual’s death is under investigation and 
the reason for opening an investigation. 
(5) DOCUMENTATION OF ATTEMPTS.—All noti-
fication attempts shall be documented and main-
tained within the custodial record, including— 
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(A) the staff name and corresponding 
agency or department contact information for 
all those responsible for carrying out the notifi-
cation; 
(B) the date and time of successful and 
unsuccessful contacts; 
(C) the names and contacts to which at-
tempts were made, and any reason for failed or 
unsuccessful contact; and 
(D) any incidents of unclaimed or rejected 
claims for the body or property of the deceased, 
including a detailed description of where any 
unclaimed bodies and property have been dis-
posed of. 
(b) AUTOPSY NOTIFICATIONS.—In the case of an in-
dividual who dies while in the custody of a law enforce-
ment agency, if an autopsy of that individual is required: 
(1) NOTIFICATION.—The next-of-kin or des-
ignated contacts shall be informed immediately upon 
any determination that an autopsy shall be per-
formed, and such notification shall include the rea-
son that the autopsy is being performed. 
(2) RESULTS REPORTED.—A copy of the au-
topsy report and results shall be made available to 
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the next-of-kin or designated contact immediately 
upon completion. 
(3) INDEPENDENT AUTOPSY.—The State and 
the next of kin shall have the opportunity to perform 
a separate autopsy. 
(c) LIFE-THREATENING EMERGENCY NOTIFICATION 
MINIMUM STANDARDS.—In the case of any life-threat-
ening event occurring to an individual in the custody of 
a law enforcement agency: 
(1) WRITTEN NOTIFICATION PLAN.—A law en-
forcement agency shall have a written notification 
plan in place identifying all designated staff mem-
bers who are authorized, trained and prepared to de-
liver notification of a life-threatening event to the 
next-of-kin or designated contact in a professional 
and compassionate manner. 
(2) TIMEFRAME FOR NOTIFICATION.—Notice to 
the designated emergency contact shall be made as 
soon as practicable after the life-threatening event 
occurs, and, where practicable without delaying 
treatment, prior to any required medical procedure, 
but in any event, not later than any medical dis-
charge or clearance. 
(3) MANNER OF NOTIFICATION.—To minimize 
confusion and trauma suffered by the family or des-
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ignated contact of the individual who has suffered a 
life-threatening event, reasonable efforts may be 
taken when practical to ensure that notification is 
made in-person and in a private setting. 
(4) INFORMATION
REQUIRED.—Such notifica-
tion shall include details of the life-threatening 
event, including— 
(A) whether the individual is incapacitated, 
unconscious, or unable to speak; 
(B) the cause and nature of the life-threat-
ening event; 
(C) whether any medical procedures or life- 
saving measures were performed in response to 
the life-threatening event; and 
(D) whether any medical followup is rec-
ommended and the nature of the recommended 
followup. 
(5) DOCUMENTATION OF ATTEMPTS.—All noti-
fication attempts shall be documented and main-
tained within the custodial record, including— 
(A) the staff name and corresponding 
agency or department contact information for 
all those responsible for carrying out the notifi-
cation; 
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(B) the date and time of successful and 
unsuccessful contacts; and 
(C) the names and contacts to which at-
tempts were made, and any reason for failed or 
unsuccessful contact. 
SEC. 6. REPORT TO ATTORNEY GENERAL. 
Section 2(b) of the Death in Custody Reporting Act 
of 2013 (42 U.S.C. 13727(b)) is amended— 
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (4), by striking the period at 
the end and inserting a semicolon; and 
(3) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) the date and time notification of death was 
provided to the next of kin or designated contact; 
‘‘(6) the date and time of each unsuccessful no-
tification attempt was made; and 
‘‘(7) a detailed description of where any un-
claimed bodies and property have been disposed of, 
including the amount of time lapsed prior to taking 
such action.’’. 
SEC. 7. DEFINITIONS. 
In this Act: 
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(1) IN
CUSTODY
OF
A
LAW
ENFORCEMENT 
AGENCY.—The term ‘‘in the custody of a law en-
forcement agency’’ means, with regard to an indi-
vidual, that the individual 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 pris-
on, boot camp prison that is contracted out by the 
State, any State or local contract facility, or other 
local, tribal or State correctional facility, including a 
juvenile facility or a medical or mental health facil-
ity. 
(2) CUSTODIAL RECORD.—The term ‘‘custodial 
record’’ means the central file of an individual in 
custody. 
(3) JUVENILE FACILITY.—The term ‘‘juvenile 
facility’’ includes juvenile or youth detention center, 
placement facility, group home or other State, pri-
vate or contracted unit maintaining the custody of 
a youth under court order or law enforcement ac-
tion. 
(4) 
LIFE-THREATENING.—The 
term 
‘‘life- 
threatening event’’ means a medical event, episode, 
condition, or accident— 
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(A) where, without immediate treatment 
for the condition, death is eminent; 
(B) where hospitalization is required be-
cause of a serious, life-threatening medical or 
surgical condition that requires immediate 
treatment; or 
(C) where an individual is unconscious or 
incapacitated such that they are incapable of 
providing consent for medical treatment. 
Æ 
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