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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Excessive Force Pre-
vention and Accountability Act of 2020’’. 
SEC. 2. EXCESSIVE FORCE. 
(a) IN GENERAL.—Chapter 13 of title 18, United 
States Code, is amended by inserting after section 242 the 
following: 
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‘‘§ 242A. Excessive force 
‘‘(a) INTENTIONAL ACTS.—Whoever, acting under 
color of law, causes bodily injury to another through the 
intentional use of excessive force shall be imprisoned not 
more than ten years; and if death results, shall be impris-
oned for any term of years or for life. 
‘‘(b) RECKLESS ACTS.—Whoever, acting under color 
of law, causes bodily injury to another through the reck-
less use of excessive force, shall be imprisoned not more 
than five years; and, if death results, shall be imprisoned 
not more than 20 years. 
‘‘(c) FAILURE TO INTERVENE.— 
‘‘(1) Whoever, acting under color of law, is con-
temporaneously aware of an ongoing violation of 
subsection (a) or (b), has the opportunity to stop or 
prevent the use of excessive force, and chooses not 
to intervene shall be imprisoned not more than 5 
years; and if death results, shall be imprisoned not 
more than 20 years. 
‘‘(2) It shall not be a defense under this sub-
section that the person who fails to intervene is of 
a lower rank than, junior in status to, or employed 
in a different agency or component from the person 
using excessive force. 
‘‘(d) NON-DEFENSES.—In a prosecution for an of-
fense under this section, there need not be proof that the 
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defendant had familiarity with this code section, or had 
any knowledge that any particular constitutional amend-
ment, Federal or State law, or any policy or regulation 
prohibited the use of force at issue. 
‘‘(e) DEFINITIONS.— 
‘‘(1) INTENTIONAL.—Purposefully using more 
force than what the person knows is reasonably nec-
essary under all the facts and circumstances. 
‘‘(2) RECKLESS.—Consciously disregarding a 
substantial and unjustifiable risk that excessive force 
will result from the person’s actions. The risk must 
be of such a nature and degree that, considering the 
nature and purpose of the person’s conduct and the 
circumstances known to that person, its disregard 
involves a gross deviation from the standard of con-
duct that a law-abiding person, acting under color of 
law, would observe in the person’s situation. 
‘‘(3) EXCESSIVE FORCE.—Force that is more 
than what is reasonably necessary to accomplish a 
legitimate law enforcement function. In a jail, pris-
on, or other correctional setting, force that is more 
than is reasonably necessary to accomplish a legiti-
mate penological function. 
‘‘(4) COLOR
OF
LAW.—A person acts under 
color of law if the person is performing a legitimate 
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law enforcement or penological function as an em-
ployee, contractor, or otherwise on behalf of, a Fed-
eral, State, or local government.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 13 of title 18, United 
States Code, is amended by inserting after the item relat-
ing to section 242 the following: 
‘‘242A. Excessive force.’’. 
Æ 
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