Title: Wakiesha's Law
Policy area: Crime and Law Enforcement

Summary:
Family Notification of Death in Custody or Life-Threatening Emergency Act of 2017 or Wakiesha's Law
This bill requires federal, state, and local law enforcement agencies to obtain identifying information about an individual in custody and contact information for the individual's next of kin or designated emergency contact. It establishes minimum standards with respect to notifying the next of kin or designated emergency contact following an individual's death or life-threatening emergency while in custody.
The Department of Justice must reduce by 10% the allocation of funds under the Edward Byrne Memorial Justice Assistance Grant program for a state or local government that fails to comply.
The bill also amends the Death in Custody Reporting Act of 2013 to require a state or federal law enforcement agency to include, in its quarterly report on deaths in custody, additional information such as the date and time that death notification was provided and the date and time of each unsuccessful notification attempt.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2115 Introduced in House (IH)]

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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.

    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 ``Family Notification of Death in 
Custody or Life-Threatening Emergency Act of 2017'' or the ``Wakiesha's 
Law''.

SEC. 2. PURPOSE.

    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.

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 compliance 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 compliance 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 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, if during the prior fiscal 
year--
            (1) the State was a noncompliant jurisdiction; or
            (2) a unit of local government was a noncompliant 
        jurisdiction.
    (c) Reallocation of Funds.--Amounts not allocated 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 DETENTION.

    (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 
holdover, obtain basic identification information for the individual, 
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 placed into any correctional institution prior to 
the acquisition 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 appearance on 
the record as a representative for the individual, 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 circumstances may any 
information obtained for the purpose of identifying a next-of-kin or 
designated emergency contact be used in any criminal, civil or 
investigative proceeding against the individual.

SEC. 5. NOTIFICATION BY LAW ENFORCEMENT OF FAMILY WITH REGARD TO DEATH 
              OR LIFE-THREATENING EMERGENCY OCCURRING TO INDIVIDUAL IN 
              CUSTODY.

    (a) Death Notification Minimum Standards.--In the case of an 
individual who dies while in the custody of a law enforcement agency:
            (1) Written notification plan.--A law enforcement agency 
        shall have a written notification plan in place identifying all 
        designated staff members who are authorized, trained and 
        prepared to deliver notification of death to the next-of-kin or 
        designated 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 designated contact of the 
        deceased, reasonable efforts may be taken when practical to 
        ensure that notification is provided in-person and in a private 
        setting.
            (4) Information required.--Such notification shall include 
        the official time of death, the cause of death (if determined) 
        and all pertinent circumstances surrounding the death, 
        including whether the individual's death is under investigation 
        and the reason for opening an investigation.
            (5) Documentation of attempts.--All notification attempts 
        shall be documented and maintained within the custodial record, 
        including--
                    (A) the staff name and corresponding agency or 
                department contact information for all those 
                responsible for carrying out the notification;
                    (B) the date and time of successful and 
                unsuccessful contacts;
                    (C) the names and contacts to which attempts 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 disposed of.
    (b) Autopsy Notifications.--In the case of an individual who dies 
while in the custody of a law enforcement agency, if an autopsy of that 
individual is required:
            (1) Notification.--The next-of-kin or designated contacts 
        shall be informed immediately upon any determination that an 
        autopsy shall be performed, and such notification shall include 
        the reason that the autopsy is being performed.
            (2) Results reported.--A copy of the autopsy report and 
        results shall be made available to 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-threatening event occurring to an individual in 
the custody of a law enforcement agency:
            (1) Written notification plan.--A law enforcement agency 
        shall have a written notification plan in place identifying all 
        designated staff members who are authorized, trained and 
        prepared to deliver 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 
        discharge or clearance.
            (3) Manner of notification.--To minimize confusion and 
        trauma suffered by the family or designated 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 notification 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-threatening 
                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 recommended and 
                the nature of the recommended followup.
            (5) Documentation of attempts.--All notification attempts 
        shall be documented and maintained within the custodial record, 
        including--
                    (A) the staff name and corresponding agency or 
                department contact information for all those 
                responsible for carrying out the notification;
                    (B) the date and time of successful and 
                unsuccessful contacts; and
                    (C) the names and contacts to which attempts 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 following:
            ``(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 notification 
        attempt was made; and
            ``(7) a detailed description of where any unclaimed bodies 
        and property have been disposed of, including the amount of 
        time lapsed prior to taking such action.''.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) In custody of a law enforcement agency.--The term ``in 
        the custody of a law enforcement agency'' means, with regard to 
        an individual, 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 prison, 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 facility.
            (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, private or contracted unit 
        maintaining the custody of a youth under court order or law 
        enforcement action.
            (4) Life-threatening.--The term ``life-threatening event'' 
        means a medical event, episode, condition, or accident--
                    (A) where, without immediate treatment for the 
                condition, death is eminent;
                    (B) where hospitalization is required because 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.
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