Eric Garner Excessive Force Prevention Act

Bill: 116-s-3895
Sponsor: full_name: Sen. Gillibrand, Kirsten E. [D-NY]
Introduced: 2020-06-04
Policy area: Crime and Law Enforcement
Subjects: Assault and harassment offenses

Cardiovascular and respiratory health

Constitution and constitutional amendments

Crime victims

Criminal investigation, prosecution, interrogation

Detention of persons

Due process and equal protection

Law enforcement administration and funding

Law enforcement officers

Racial and ethnic relations
Latest action: action_date: 2020-06-04
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2020-06-04
action_desc: Introduced in Senate
text: <p><b>Eric Garner Excessive Force Prevention Act</b></p>    <p>This bill modifies the criminal civil rights statute that prohibits deprivation of rights under color of law. </p> <p>Current law prohibits the deprivation of federally protected rights, privileges, or immunities by a government official (including a law enforcement officer). It also prohibits the application of different punishments, pains, or penalties based on an individual's alien status, color, or race. </p> <p>This bill specifies that the application of any pressure to the throat or windpipe, the use of maneuvers that restrict blood or oxygen flow to the brain, or the use of carotid artery restraints which may prevent or hinder breathing or reduce intake of air is a deprivation of a right, privilege, or immunity and is a punishment, pain, or penalty.</p>

tv_txt: II 116th CONGRESS 2d Session S. 3895 IN THE SENATE OF THE UNITED STATES June 4, 2020 Mrs. Gillibrand (for herself, Ms. Warren , Ms. Smith , and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend section 242 of title 18, United States Code, to include the use of chokeholds and carotid holds as a deprivation of rights and as a punishment, pain, or penalty, and for other purposes.

1. Short title This Act may be cited as the Eric Garner Excessive Force Prevention Act . 2. Chokeholds as civil rights violations (a) Amendment Section 242 of title 18, United States Code, is amended by adding at the end the following: For the purposes of this section, the application of any pressure to the throat or windpipe, the use of maneuvers that restrict blood or oxygen flow to the brain, or the use of carotid artery restraints which may prevent or hinder breathing or reduce intake of air is a deprivation of a right, privilege, or immunity and is a punishment, pain, or penalty. . (b) Rule of construction Nothing in the amendment made by subsection (a) shall be construed to limit or exclude other claimed deprivations of rights, privileges, or immunities or punishments, pains, or penalties under section 242 of title 18, United States Code.