[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7206 Introduced in House (IH)]

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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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Excessive Force Prevention 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:
``Sec. 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 imprisoned for any term of years or for life.
    ``(b) Reckless Acts.--Whoever, acting under color of law, causes 
bodily injury to another through the reckless 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 
        contemporaneously 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 subsection 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 offense under this 
section, there need not be proof that the defendant had familiarity 
with this code section, or had any knowledge that any particular 
constitutional amendment, 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 necessary 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 
        conduct 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, prison, or other correctional setting, 
        force that is more than is reasonably necessary to accomplish a 
        legitimate penological function.
            ``(4) Color of law.--A person acts under color of law if 
        the person is performing a legitimate law enforcement or 
        penological function as an employee, contractor, or otherwise 
        on behalf of, a Federal, 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 relating to section 242 the following:

``242A. Excessive force.''.
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