,,ii #aagth ,,congress #b;d ,session ,s4 #ecji ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #bj1 #bjbb,mr4 ,padilla introduced the following bill2 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 necessary1 to encourage ,states to adopt similar laws or policies1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,police ,exercising ,absolute ,care with ,everyone ,act of #bjbb or the ,,peace ,act of #bjbb4 #b4 ,use of force by ,federal law enforcement officers 7a7 ,definitions ,in this section3 7#a7 ,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 situation1 taking as much time as appropriate1 without using physical force or the threat of physical force1 so that more options and resources are available to gain the voluntary compliance of an individual and reduce or eliminate the need to use force1 including verbal persuasion1 warnings1 tactical techniques1 slowing down the pace of an incident1 waiting out a subject1 creating distance between the officer and the threat1 and requesting additional resources to resolve an incident4 7#b7 ,federal law enforcement officer ,the term ,federal law enforcement officer has the meaning given such term in section #aae of title #ah1 ,united ,states ,code4 7#c7 ,imminent threat ,the term imminent threat-- 7,a7 means-- 7i7 an individual creating a risk of harm to others with the present ability1 opportunity1 and apparent intent to immediately cause the harm that is threatened2 and 7ii7 a risk that1 based on the information available at the time1 must be immediately confronted and addressed2 and 7,b7 does not include merely a fear of future harm4 7#d7 ,less lethal force2 lethal force ,the terms less lethal force and lethal force have the meanings given those terms in section #aabc of title #ah1 ,united ,states ,code1 as added by this section4 7#e7 ,necessary ,the term necessary1 with respect to a use of force1 means that a reasonable ,federal law enforcement officer would objectively conclude1 under the totality of the circumstances1 that there was no reasonable1 less harmful alternative to the force the ,federal law enforcement officer used4 7#f7 ,proportional ,the term proportional1 with respect to a use of force1 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 objective4 7#g7 ,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 individual1 including verbal communication1 distance1 warnings1 deescalation tactics and techniques1 tactical repositioning1 and other tactics and techniques intended to stabilize a situation and reduce the immediacy of a risk so that more time1 options1 and resources can be called upon to resolve a situation without the use of force4 7#h7 ,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 force1 including the actions of the individual against whom the ,federal law enforcement officer uses such force and the actions of the ,federal law enforcement officer4 7b7 ,prohibition on less lethal force 7#a7 ,in general ,a ,federal law enforcement officer may not use any less lethal force unless such force-- 7,a7 is the least amount of force that is necessary and proportional-- 7i7 in order to prevent an imminent threat of physical injury to the ,federal law enforcement officer or another individual2 or 7ii7 to effectuate an arrest of an individual whom the ,federal law enforcement officer has probable cause to believe has committed a criminal offense2 and 7,b7 is used only after available and reasonable alternatives to the use of less lethal force have been exhausted4 7#b7 ,requirement to reduce and cease the use of force ,with respect to the use of any less lethal force1 a ,federal law enforcement officer shall-- 7,a7 immediately reduce such force as the threat diminishes2 and 7,b7 cease the use of such force as soon as-- 7i7 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 individual2 or 7ii7 the ,federal law enforcement officer determines that force will no longer accomplish1 or is no longer necessary to accomplish1 a legitimate law enforcement objective4 7c7 ,prohibition on use of lethal force 7#a7 ,in general ,a ,federal law enforcement officer may not use lethal force against an individual unless-- 7,a7 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 individual2 7,b7 the use of such force creates no substantial risk of injury to a third person2 and 7,c7 the available and reasonable alternatives to the use of such force have been exhausted4 7#b7 ,clarification ,a ,federal law enforcement officer may not use lethal force against an individual who poses a danger only to himself or herself4 7d7 ,requirement ,to give verbal warning ,when feasible1 prior to using force against an individual1 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 apprehend1 which shall-- 7#a7 include a request that the individual surrender to the law enforcement officer2 and 7#b7 notify the individual that the law enforcement officer may use force against the individual if the individual resists arrest or flees4 7e7 ,guidance on use of force ,not later than #abj days after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with impacted individuals1 communities1 and organizations1 including representatives of civil and human rights organizations1 victims of law enforcement officer use of force1 and representatives of law enforcement associations1 shall provide guidance to ,federal law enforcement agencies-- 7#a7 on the types of less lethal force and lethal force that are prohibited under subsections 7b7 and 7c72 7#b7 on how a ,federal law enforcement officer can assess whether the use of force is appropriate and necessary2 and 7#c7 which shall account for special consideration when interacting with-- 7,a7 pregnant individuals2 7,b7 children and youth under #ba years of age2 7,c7 elderly individuals2 7,d7 physically frail individuals2 7,e7 individuals with mental1 behavioral1 or physical disabilities or impairments2 7,f7 individuals experiencing perceptual or cognitive impairments due to use of alcohol1 narcotics1 hallucinogens1 or other drugs2 7,g7 individuals suffering from a serious medical condition2 and 7,h7 individuals with limited ,english proficiency4 7f7 ,limitation on justification defense 7#a7 ,in general ,chapter #ea of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #aabc4 ,limitation on justification defense for ,federal law enforcement officers4 7a7 ,definitions ,in this section3 7#a7 ,federal law enforcement officer ,the term ,federal law enforcement officer has the meaning given such term in section #aae4 7#b7 ,less lethal force ,the term less lethal force means any force that is less than lethal force4 7#c7 ,lethal force ,the term lethal force means any force that creates a substantial risk of causing death or serious bodily injury1 including-- 7,a7 the discharge of a firearm2 7,b7 a maneuver that restricts blood or oxygen flow to the brain1 including chokeholds1 strangleholds1 neck restraints1 neck-holds1 and carotid artery restraints2 and 7,c7 the use of a weapon of less lethal force in a manner that creates a substantial risk of death or serious bodily injury1 including repeated or prolonged discharges of an electronic control weapon and firing a kinetic impact projectile weapon at the head of an individual4 7b7 ,use of force ,it is not a defense to an offense under section #aaaa or #aaab that the use of less lethal force or lethal force by a ,federal law enforcement officer was justified if-- 7#a7 the use of use of such force by the officer was inconsistent with section #b of the ,police ,exercising ,absolute ,care with ,everyone ,act of #bjbb2 or 7#b7 the actions of the officer1 leading up to and at the time of the use of the force1 contributed to the necessity of the use of such force4 4 7#b7 ,clerical amendment ,the table of sections for chapter #ea of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #aabb the following3 #aabc4 ,limitation on justification defense for ,federal law enforcement officers4 4 #c4 ,limitation on the receipt of funds under the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program 7a7 ,limitation ,a ,state or unit of local government1 other than an ,indian ,tribe1 may not receive funds that the ,state or unit of local government would otherwise receive under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea et seq47 7commonly known as the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program7 for any fiscal year in which the ,state or unit of local government does not have in effect a law1 with respect to the use of force by law enforcement officers of the ,state or unit of local government1 that is consistent with section #b of this ,act and section #aabc of title #ah1 ,united ,states ,code1 as determined by the ,attorney ,general4 7b7 ,subsequent enactment ,if funds described in subsection 7a7 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 law1 the ,state or unit of local government shall be eligible1 in the fiscal year after the fiscal year during which the ,state or unit of local government demonstrates such substantial efforts1 to receive the total amount that the ,state or unit of local government would have received during each fiscal year for which funds were withheld1 not to exceed the total that such ,state or unit of local government would have received for a #e-year period4 7c7 ,guidance ,not later than #abj days after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with impacted individuals1 communities1 and organizations1 including representatives of civil and human rights organizations1 individuals against whom a law enforcement officer used force1 and representatives of law enforcement associations1 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 7a74 7d7 ,application ,this section shall apply to the first fiscal year that begins on or after the date that is #a year after the date of the enactment of this ,act1 and to each fiscal year thereafter4