Section 1 Short title
This Act may be cited as the “Confronting Police Violence Against Children Act of 2023”.
Confronting Police Violence Against Children Act of 2023
A BILL
To direct the National Institute of Justice to collect, study, and analyze data on incidents in which children have been seriously harmed or killed by law enforcement officers who were acting in their capacity as law enforcement officers.
Sec. 2 Findings
Congress finds the following:
The duty of American law enforcement is to uphold the law and to serve and protect the public.
Many law enforcement officers are dedicated to public service and perform their duties diligently and responsibly, creating safer communities.
There have been multiple reports in recent years of children being seriously harmed or killed by law enforcement officers who were acting in their capacity as law enforcement officers.
In 2014, 12-year-old Tamir Rice was shot and killed by a law enforcement officer in Ohio within seconds of the officer arriving on the scene.
In 2017, 17-year-old Armando Garcia-Muro was shot and killed by a ricocheting bullet, which was fired by a law enforcement officer at a dog in California.
In 2018, 16-year-old Anthony Jacob “AJ” Weber was shot and killed by a law enforcement officer in California who fired several shots into his upper body.
In 2020, 16-year-old Eric Parsa, who had autism, died in Louisiana after being restrained face down on the pavement for over 9 minutes by multiple law enforcement officers, one of whom put him in a choke hold, while Parsa was experiencing a mental health crisis.
In 2020, 13-year-old Linden Cameron, who has Asperger’s Syndrome, was shot by a law enforcement officer in Utah while experiencing a mental health crisis, after his mother dialed 911 for help.
In 2021, 1-year-old Legend Smalls was shot in the head by a law enforcement officer in Texas after the officer opened fire on a suspect who allegedly attempted to steal the vehicle in which Smalls was seated.
In 2021, 13-year-old Adam Toledo was fatally shot by a law enforcement officer in Illinois while his hands were in the air.
In 2021, 14-year-old Valentina Orellana-Peralta was shot and killed by a law enforcement officer in California.
In 2022, a 13-year-old boy identified as “A.G.” was shot by a law enforcement officer in Illinois causing a major spinal cord injury while his hands were in the air.
In 2023, 11-year-old Aderrien Murry was shot in the chest by a law enforcement officer in Mississippi after he called the police to his home for help.
In 2023, 14-year-old Jor’Dell Richardson was fatally shot and killed by a law enforcement officer in Colorado. Jor’Dell Richardson begged to be taken to the hospital before he died.
Law enforcement officers lack the training and resources necessary to effectively address issues of mental health, and these issues may be more appropriately handled with assistance from mental health experts and social workers.
Reports of incidents in which children are killed by law enforcement officers erode the trust of the American people in law enforcement officers and the agencies and systems they represent, and such reports therefore undermine the ability of law enforcement officers and agencies to carry out their mission of protecting the public.
A thorough investigation of the circumstances surrounding incidents of children being seriously harmed or killed by law enforcement officers would help policymakers enact policies to address these tragic incidents of violence in order to protect children and improve the effectiveness of law enforcement.
Sec. 3 Report and recommendations
In general— Not later than 1 year after the enactment of this Act, the Director of the National Institute of Justice shall prepare and submit a report to Congress studying incidents in which children were seriously harmed or killed by Federal, State, Tribal, or local law enforcement officers who were acting in their official capacity as law enforcement officers (whether or not the officer was on duty) during the 15-year period prior to the date of enactment of this Act.
Required review— In preparing the report required under this section, the Director shall, at a minimum, review and include in the report the following:
Demographic data and analysis pertaining to—
the age of the victims;
the race and ethnicity of the victims;
the gender of the victims; and
the socioeconomic status of the victims.
Information and analysis pertaining to—
whether the officers who were responsible for each incident of serious harm or death were affiliated with Federal, State, Tribal, or local law enforcement agencies;
the rank, years of experience, and amount of training the officers had at the time of the incidents;
whether the incidents occurred in urban, suburban, rural, or tribal locations;
the circumstances surrounding the incidents;
the seriousness of the harm suffered by the victims, including the extent to which the harm was fatal;
whether the victims had developmental, physical, or mental disabilities at the time of the incidents;
whether the victims were experiencing a mental health crisis at the time of the incidents;
the presence and use of recording devices by the law enforcement officers during the incidents;
the presence and use of recording devices by bystanders during the incidents;
whether the incidents involved harm to or the death of other individuals, including other law enforcement officers, associates of the child, or members of the public, and if so, whose actions directly led to the additional deaths or harm;
reports of excessive force having been used by the law enforcement officers prior to the incidents;
whether the use of force by the law enforcement officers was determined to be justified and proportional, on what basis any such determination was made, and by whom; and
the consequences faced by the law enforcement officers who were responsible for the harm or death.
Required consultation— In preparing the report required under this section, the Director shall meet with, and consider any facts and analyses offered by, prosecutors, defense attorneys, family attorneys, judges, medical experts, non-profit organizations, victims service providers, culturally specific organizations, Federal, State, Tribal, and local courts, Federal, State, Tribal, and local law enforcement agencies, State and local elected officials, and individuals with academic expertise in the study of law enforcement.
Findings and recommendations— The Director shall include in the report required under this section recommendations regarding—
best practices or guidelines for law enforcement agencies to adopt in order to prevent the excessive use of force by law enforcement officers and protect children from the excessive use of force;
the best practices to train and equip law enforcement officers to handle situations involving children, including—
children with physical and mental disabilities; and
children experiencing mental health crises;
best practices to ensure that children described in subparagraphs (A) and (B) of paragraph (2) receive help from qualified professionals who are equipped to deescalate situations and provide the proper resources to families; and
Federal legislation to prevent the excessive use of force by law enforcement officers and protect children from the excessive use of force.
Definition— In this section, the term child means an individual who is under 18 years of age.