Sec. 2. Prohibition on excessive force, respiratory chokeholds under the color of law
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Chapter 13 of title 18, United States Code, is amended by adding at the end the following: 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). A respiratory chokehold shall not be considered force that is reasonably necessary under subsection (a).
The punishment for an offense under this section is a fine of not less than $10,000, imprisonment under paragraph (2), or both. The term of imprisonment for an offense under this section is— if death results, for any term of years or for life, but no less than 10 years; if serious bodily injury other than death results, for not more than 10 years, but no less than 5 years; and in any other case, for not more than 3 years, but no less than one year. 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 ).
The term law enforcement officer — 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 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. 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. . 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. .
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Sec. 2
Prohibition on excessive force, respiratory chokeholds under the color of law
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