I 

116TH CONGRESS 

2D SESSION H. R. 7206 

To amend title 18, United States Code, to prohibit the use of excessive 

force under color of law by law enforcement and correctional officers, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 15, 2020 

Mr. ESPAILLAT introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to prohibit the use 

of excessive force under color of law by law enforcement 

and correctional officers, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Excessive Force Pre5 vention and Accountability Act of 2020’’. 

6 SEC. 2. EXCESSIVE FORCE. 

7 (a) IN GENERAL.—Chapter 13 of title 18, United 

8 States Code, is amended by inserting after section 242 the 

9 following: 


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1 ‘‘§ 242A. Excessive force 

2 ‘‘(a) INTENTIONAL ACTS.—Whoever, acting under 

3 color of law, causes bodily injury to another through the 

4 intentional use of excessive force shall be imprisoned not 

5 more than ten years; and if death results, shall be impris6 oned for any term of years or for life. 

7 ‘‘(b) RECKLESS ACTS.—Whoever, acting under color 

8 of law, causes bodily injury to another through the reck9 less use of excessive force, shall be imprisoned not more 

10 than five years; and, if death results, shall be imprisoned 

11 not more than 20 years. 

12 ‘‘(c) FAILURE TO INTERVENE.— 

13 ‘‘(1) Whoever, acting under color of law, is con14 temporaneously aware of an ongoing violation of 

15 subsection (a) or (b), has the opportunity to stop or 

16 prevent the use of excessive force, and chooses not 

17 to intervene shall be imprisoned not more than 5 

18 years; and if death results, shall be imprisoned not 

19 more than 20 years. 

20 ‘‘(2) It shall not be a defense under this sub21 section that the person who fails to intervene is of 

22 a lower rank than, junior in status to, or employed 

23 in a different agency or component from the person 

24 using excessive force. 

25 ‘‘(d) NON-DEFENSES.—In a prosecution for an of26 fense under this section, there need not be proof that the 


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1 defendant had familiarity with this code section, or had 

2 any knowledge that any particular constitutional amend3 ment, Federal or State law, or any policy or regulation 

4 prohibited the use of force at issue. 

5 ‘‘(e) DEFINITIONS.— 

6 ‘‘(1) INTENTIONAL.—Purposefully using more 

7 force than what the person knows is reasonably nec8 essary under all the facts and circumstances. 

9 ‘‘(2) RECKLESS.—Consciously disregarding a 

10 substantial and unjustifiable risk that excessive force 

11 will result from the person’s actions. The risk must 

12 be of such a nature and degree that, considering the 

13 nature and purpose of the person’s conduct and the 

14 circumstances known to that person, its disregard 

15 involves a gross deviation from the standard of con16 duct that a law-abiding person, acting under color of 

17 law, would observe in the person’s situation. 

18 ‘‘(3) EXCESSIVE FORCE.—Force that is more 

19 than what is reasonably necessary to accomplish a 

20 legitimate law enforcement function. In a jail, pris21 on, or other correctional setting, force that is more 

22 than is reasonably necessary to accomplish a legiti23 mate penological function. 

24 ‘‘(4) COLOR OF LAW.—A person acts under 

25 color of law if the person is performing a legitimate 


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1 law enforcement or penological function as an em2 ployee, contractor, or otherwise on behalf of, a Fed3 eral, State, or local government.’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

5 The table of sections for chapter 13 of title 18, United 

6 States Code, is amended by inserting after the item relat7 ing to section 242 the following: 

‘‘242A. Excessive force.’’. 

Æ 


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