[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7144 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 7144
To amend title 18, United States Code, to prohibit the reckless use of
excessive force under the color of law, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
June 8, 2020
Ms. Velazquez (for herself, Mr. Mfume, Mr. Ryan, and Mr. Carson of
Indiana) 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 reckless use of
excessive force under the color of law, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement Oversight and Reform
Act of 2020''.
SEC. 2. PROHIBITION ON EXCESSIVE FORCE, RESPIRATORY CHOKEHOLDS UNDER
THE COLOR OF LAW.
(a) In General.--Chapter 13 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 250. Excessive force under the color of law
``(a) In General.--Whoever, being a law enforcement officer, under
color of any law, statute, ordinance, regulation, or custom, subjects
any person in any State, Territory, Commonwealth, Possession, or
District, recklessly subjects any person to force in violation of the
Fourth Amendment's prohibition against unreasonable seizures, shall be
punished as provided in subsection (c).
``(b) Chokeholds.--A respiratory chokehold shall not be considered
force that is reasonably necessary under subsection (a).
``(c) Punishment.--
``(1) In general.--The punishment for an offense under this
section is a fine of not less than $10,000, imprisonment under
paragraph (2), or both.
``(2) Term of imprisonment.--The term of imprisonment for
an offense under this section is--
``(A) if death results, for any term of years or
for life, but no less than 10 years;
``(B) if serious bodily injury other than death
results, for not more than 10 years, but no less than 5
years; and
``(C) in any other case, for not more than 3 years,
but no less than one year.
``(d) Rule of Construction.--Nothing in this section shall be
construed to limit the Attorney General's responsibilities or provision
of relief under section 210401 of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12601).
``(e) Definition.--The term `law enforcement officer'--
``(1) means an official empowered by law to conduct
investigations of, to make arrests for, or to detain
individuals suspected or convicted of, criminal or civil
offenses; and
``(2) includes an official ordered to perform a function
described in paragraph (1) by a superior empowered to do so
under law, or by Executive order.
``(f) Report.--On the date that is one year after the date of
enactment of this section, and annually thereafter, the Attorney
General shall submit to the Committees on the Judiciary of the House of
Representatives and of the Senate a report that includes a description
of and the number of convictions under this section during the previous
year.''.
(b) Clerical Amendment.--The table of sections for chapter 13 of
title 18 is amended by adding after the item related to section 249 the
following:
``250. Excessive force under the color of law.''.
SEC. 3. APPLICATION TO STATES.
(a) In General.--A State or unit of local government may not
receive funds that the jurisdiction would otherwise receive under
subpart 1 of part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10151 et seq.) for any fiscal year in
which the jurisdiction does not have in place a law that is consistent
with section 250 of title 18, United States Code, as determined by the
Attorney General.
(b) Subsequent Enactment After Denial of Funds.--In the case that
funds are withheld from a State or other jurisdiction pursuant to
subsection (a), and the State or other jurisdiction subsequently enacts
or puts in place a law described in subsection (a), and demonstrates
substantial efforts to enforce such law, the State or other
jurisdiction shall be eligible, in the subsequent fiscal year, to
receive the total amount that the State or other jurisdiction would
have received in each fiscal year for which funds were withheld, not to
exceed funds that the jurisdiction would have received during the
previous 2-year period.
(c) Application.--This section shall apply beginning in the first
fiscal year that begins after the date that is one year after the date
of the enactment of this Act.
(d) Rulemaking.--Not later than 30 days after the date of the
enactment of this Act, the Attorney General shall publish in the
Federal Register interim final rules implementing this section. The
Attorney General shall finalize such rules not later than 90 days after
the date of publication of the interim final rules.
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