Text: H.R.7144 — 116th Congress (2019-2020)All Information (Except Text)

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Introduced in House (06/08/2020)

 
[Congressional Bills 116th Congress]
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[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.


_______________________________________________________________________


                    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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