Sec. 105. Incentivizing banning of chokeholds
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It is the sense of Congress that— chokeholds are extremely dangerous maneuvers that can easily result in serious bodily injury or death; George Floyd’s death has become a flashpoint to compel the need to address the use of chokeholds by law enforcement officers across the United States; the National Consensus Policy on Use of Force, a collaborative effort among 11 of the most significant law enforcement leadership and labor organizations in the United States, concluded in a discussion paper on the use of force that chokeholds are extremely dangerous and recommended restricting their use, consistent with this section; and law enforcement agencies throughout the United States must create policies that guard against the use of this maneuver to help prevent the death of civilians whom they encounter, and engender more trust and faith among law enforcement officers and the communities they serve.
Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 ), as amended by section 601 of this Act, is amended by adding at the end the following: In this subsection, the term chokehold means a physical maneuver that restricts an individual’s ability to breathe for the purposes of incapacitation. Beginning in the first fiscal year beginning after the date of enactment of the JUSTICE Act , a State or unit of local government may not receive funds under this section for a fiscal year if, on the day before the first day of the fiscal year, the State or unit of local government does not have an agency-wide policy in place for each law enforcement agency of the State or unit of local government that prohibits the use of chokeholds except when deadly force is authorized. .
Section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10152 ), as amended by section 102 of this Act, is amended by adding at the end the following: In this subsection, the term chokehold means a physical maneuver that restricts an individual’s ability to breathe for the purposes of incapacitation. Beginning in the first fiscal year beginning after the date of enactment of the JUSTICE Act , a State or unit of local government may not receive funds under this part for a fiscal year if, on the day before the first day of the fiscal year, the State or unit of local government does not have an agency-wide policy in place for each law enforcement agency of the State or unit of local government that prohibits the use of chokeholds except when deadly force is authorized. .
In this subsection, the term chokehold means a physical maneuver that restricts an individual’s ability to breathe for the purposes of incapacitation. The Attorney General shall develop a policy for Federal law enforcement agencies that bans the use of chokeholds except when deadly force is authorized. The head of each Federal law enforcement agency shall implement the policy developed under paragraph (2).
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