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II
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.
IN THE SENATE OF THE UNITED STATES
JUNE 4, 2020
Mrs. GILLIBRAND (for herself, Ms. WARREN, Ms. SMITH, and Ms. KLO-
BUCHAR) introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
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 pen-
alty, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Eric Garner Excessive
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Force Prevention Act’’.
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SEC. 2. CHOKEHOLDS AS CIVIL RIGHTS VIOLATIONS.
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(a) AMENDMENT.—Section 242 of title 18, United
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States Code, is amended by adding at the end the fol-
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•S 3895 IS
lowing: ‘‘For the purposes of this section, the application
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of any pressure to the throat or windpipe, the use of ma-
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neuvers that restrict blood or oxygen flow to the brain,
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or the use of carotid artery restraints which may prevent
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or hinder breathing or reduce intake of air is a deprivation
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of a right, privilege, or immunity and is a punishment,
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pain, or penalty.’’.
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(b) RULE
OF
CONSTRUCTION.—Nothing in the
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amendment made by subsection (a) shall be construed to
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limit or exclude other claimed deprivations of rights, privi-
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leges, or immunities or punishments, pains, or penalties
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under section 242 of title 18, United States Code.
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Æ
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