II 117th CONGRESS 2d Session S. 5309 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Padilla introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit a Federal law enforcement officer from using lethal force or less lethal force unless such force is necessary, to encourage States to adopt similar laws or policies, and for other purposes.

1. Short title This Act may be cited as the Police Exercising Absolute Care with Everyone Act of 2022 or the PEACE Act of 2022 . 2. Use of force by Federal law enforcement officers (a) Definitions In this section: (1) Deescalation tactics and techniques The term deescalation tactics and techniques means proactive actions and approaches used by a Federal law enforcement officer to stabilize a situation, taking as much time as appropriate, without using physical force or the threat of physical force, so that more options and resources are available to gain the voluntary compliance of an individual and reduce or eliminate the need to use force, including verbal persuasion, warnings, tactical techniques, slowing down the pace of an incident, waiting out a subject, creating distance between the officer and the threat, and requesting additional resources to resolve an incident. (2) Federal law enforcement officer The term Federal law enforcement officer has the meaning given such term in section 115 of title 18, United States Code. (3) Imminent threat The term imminent threat — (A) means— (i) an individual creating a risk of harm to others with the present ability, opportunity, and apparent intent to immediately cause the harm that is threatened; and (ii) a risk that, based on the information available at the time, must be immediately confronted and addressed; and (B) does not include merely a fear of future harm. (4) Less lethal force; lethal force The terms less lethal force and lethal force have the meanings given those terms in section 1123 of title 18, United States Code, as added by this section. (5) Necessary The term necessary , with respect to a use of force, means that a reasonable Federal law enforcement officer would objectively conclude, under the totality of the circumstances, that there was no reasonable, less harmful alternative to the force the Federal law enforcement officer used. (6) Proportional The term proportional , with respect to a use of force, means the potential harm likely to be caused through the force used by a Federal law enforcement officer does not outweigh the benefit to be gained through achieving the direct and legitimate law enforcement objective. (7) Reasonable alternatives The term reasonable alternatives means tactics and methods used by a Federal law enforcement officer to effectuate an arrest that do not unreasonably increase the risk posed to the law enforcement officer or another individual, including verbal communication, distance, warnings, deescalation tactics and techniques, tactical repositioning, and other tactics and techniques intended to stabilize a situation and reduce the immediacy of a risk so that more time, options, and resources can be called upon to resolve a situation without the use of force. (8) Totality of the circumstances The term totality of the circumstances means all credible facts known to the Federal law enforcement officer leading up to and at the time of the use of force, including the actions of the individual against whom the Federal law enforcement officer uses such force and the actions of the Federal law enforcement officer. (b) Prohibition on less lethal force (1) In general A Federal law enforcement officer may not use any less lethal force unless such force— (A) is the least amount of force that is necessary and proportional— (i) in order to prevent an imminent threat of physical injury to the Federal law enforcement officer or another individual; or (ii) to effectuate an arrest of an individual whom the Federal law enforcement officer has probable cause to believe has committed a criminal offense; and (B) is used only after available and reasonable alternatives to the use of less lethal force have been exhausted. (2) Requirement to reduce and cease the use of force With respect to the use of any less lethal force, a Federal law enforcement officer shall— (A) immediately reduce such force as the threat diminishes; and (B) cease the use of such force as soon as— (i) the individual on whom the force is used is under the control of the Federal law enforcement officer or no longer poses a threat of physical injury to another individual; or (ii) the Federal law enforcement officer determines that force will no longer accomplish, or is no longer necessary to accomplish, a legitimate law enforcement objective. (c) Prohibition on use of lethal force (1) In general A Federal law enforcement officer may not use lethal force against an individual unless— (A) such force is necessary and proportional as a last resort to prevent imminent and serious bodily injury or death to the Federal law enforcement officer or another individual; (B) the use of such force creates no substantial risk of injury to a third person; and (C) the available and reasonable alternatives to the use of such force have been exhausted. (2) Clarification A Federal law enforcement officer may not use lethal force against an individual who poses a danger only to himself or herself. (d) Requirement To give verbal warning When feasible, prior to using force against an individual, a Federal law enforcement officer shall identify himself or herself as a Federal law enforcement officer and issue a verbal warning to the individual that the Federal law enforcement officer seeks to apprehend, which shall— (1) include a request that the individual surrender to the law enforcement officer; and (2) notify the individual that the law enforcement officer may use force against the individual if the individual resists arrest or flees. (e) Guidance on use of force Not later than 120 days after the date of enactment of this Act, the Attorney General, in consultation with impacted individuals, communities, and organizations, including representatives of civil and human rights organizations, victims of law enforcement officer use of force, and representatives of law enforcement associations, shall provide guidance to Federal law enforcement agencies— (1) on the types of less lethal force and lethal force that are prohibited under subsections (b) and (c); (2) on how a Federal law enforcement officer can assess whether the use of force is appropriate and necessary; and (3) which shall account for special consideration when interacting with— (A) pregnant individuals; (B) children and youth under 21 years of age; (C) elderly individuals; (D) physically frail individuals; (E) individuals with mental, behavioral, or physical disabilities or impairments; (F) individuals experiencing perceptual or cognitive impairments due to use of alcohol, narcotics, hallucinogens, or other drugs; (G) individuals suffering from a serious medical condition; and (H) individuals with limited English proficiency. (f) Limitation on justification defense (1) In general Chapter 51 of title 18, United States Code, is amended by adding at the end the following: 1123. Limitation on justification defense for Federal law enforcement officers. (a) Definitions In this section: (1) Federal law enforcement officer The term Federal law enforcement officer has the meaning given such term in section 115. (2) Less lethal force The term less lethal force means any force that is less than lethal force. (3) Lethal force The term lethal force means any force that creates a substantial risk of causing death or serious bodily injury, including— (A) the discharge of a firearm; (B) a maneuver that restricts blood or oxygen flow to the brain, including chokeholds, strangleholds, neck restraints, neck-holds, and carotid artery restraints; and (C) the use of a weapon of less lethal force in a manner that creates a substantial risk of death or serious bodily injury, including repeated or prolonged discharges of an electronic control weapon and firing a kinetic impact projectile weapon at the head of an individual. (b) Use of force It is not a defense to an offense under section 1111 or 1112 that the use of less lethal force or lethal force by a Federal law enforcement officer was justified if— (1) the use of use of such force by the officer was inconsistent with section 2 of the Police Exercising Absolute Care with Everyone Act of 2022 ; or (2) the actions of the officer, leading up to and at the time of the use of the force, contributed to the necessity of the use of such force. . (2) Clerical amendment The table of sections for chapter 51 of title 18, United States Code, is amended by inserting after the item relating to section 1122 the following: 1123. Limitation on justification defense for Federal law enforcement officers. . 3. Limitation on the receipt of funds under the Edward Byrne Memorial Justice Assistance Grant Program (a) Limitation A State or unit of local government, other than an Indian Tribe, may not receive funds that the State or unit of local government would otherwise receive 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 et seq. ) (commonly known as the Edward Byrne Memorial Justice Assistance Grant Program ) for any fiscal year in which the State or unit of local government does not have in effect a law, with respect to the use of force by law enforcement officers of the State or unit of local government, that is consistent with section 2 of this Act and section 1123 of title 18, United States Code, as determined by the Attorney General. (b) Subsequent enactment If funds described in subsection (a) are withheld from a State or unit of local government pursuant to that subsection and the State or unit of local government subsequently enacts or puts in place a law described in that subsection and demonstrates substantial efforts to enforce such law, the State or unit of local government shall be eligible, in the fiscal year after the fiscal year during which the State or unit of local government demonstrates such substantial efforts, to receive the total amount that the State or unit of local government would have received during each fiscal year for which funds were withheld, not to exceed the total that such State or unit of local government would have received for a 5-year period. (c) Guidance Not later than 120 days after the date of enactment of this Act, the Attorney General, in consultation with impacted individuals, communities, and organizations, including representatives of civil and human rights organizations, individuals against whom a law enforcement officer used force, and representatives of law enforcement associations, shall make guidance available to States and units of local government on the criteria that the Attorney General will use in determining whether the State or unit of local government has in place a law described in subsection (a). (d) Application This section shall apply to the first fiscal year that begins on or after the date that is 1 year after the date of the enactment of this Act, and to each fiscal year thereafter.