[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3895 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3895

 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.


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                   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

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                                 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.

    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 Force 
Prevention Act''.

SEC. 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.
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