S-244 : Still Just a Bill

Eric Garner Excessive Force Prevention Act

This bill modifies the criminal civil rights statute that prohibits deprivation of rights under color of law.

Current law prohibits the deprivation of federally protected rights, privileges, or immunities by a government official (including a law enforcement officer). It also prohibits the application of different punishments, pains, or penalties based on an individual's alien status, color, or race.

This bill specifies that 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.