Eric Garner Excessive Use of Force Prevention Act of 2019

Eric Garner Excessive Use of Force Prevention Act of 2019

This bill modifies the criminal civil rights statute that prohibits the deprivation of rights under color of law.

Currently, the second prong of the prohibition bars the application of different punishments, pains, or penalties based on an individual's alien status, color, or race. This bill specifies that the application of any pressure to a person's throat or windpipe which may prevent or hinder breathing or reduce intake of air (e.g., a chokehold) constitutes a punishment, pain, or penalty.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4408 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 4408

To amend section 242 of title 18, United States Code, to forbid the use 
of chokeholds by persons subject to that provision's prohibitions, and 
                          for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                           September 19, 2019

Mr. Jeffries (for himself, Ms. Clarke of New York, Ms. Bass, Ms. Lee of 
California, Mr. Hastings, Mr. Danny K. Davis of Illinois, Ms. Kelly of 
 Illinois, Ms. Norton, Mr. Lewis, Mr. Carson of Indiana, Mr. Serrano, 
    Ms. Wilson of Florida, Mr. Rush, Mr. Meeks, Mr. Espaillat, Ms. 
 Velazquez, Ms. Moore, Mr. Evans, Mr. Lawson of Florida, Ms. Omar, Ms. 
Scanlon, Mr. Richmond, Ms. Garcia of Texas, Mr. Johnson of Georgia, Ms. 
  Jayapal, Mr. Cohen, Mr. Cicilline, and Ms. Pressley) introduced the 
  following bill; which was referred to the Committee on the Judiciary

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                                 A BILL


 
To amend section 242 of title 18, United States Code, to forbid the use 
of chokeholds by persons subject to that provision's prohibitions, 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 ``Eric Garner Excessive Use of Force 
Prevention Act of 2019''.

SEC. 2. CHOKEHOLDS AS CIVIL RIGHTS VIOLATIONS.

    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 which may prevent 
or hinder breathing or reduce intake of air is a punishment, pain, or 
penalty.''.
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