,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #gbjf  ,,in ,,the ,,house ,,of  
,,representatives  ,june #ae1 #bjbj,mr4 
,espaillat introduced the following     
bill2 which was referred to the         
,committee on the ,judiciary  ,a ,,bill 
,to amend title #ah1 ,united ,states    
,code1 to prohibit the use of excessive 
force under color of law by law         
enforcement and correctional officers1  
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,excessive ,force ,prevention and       
,accountability ,act of #bjbj4  #b4     
,excessive force  7a7 ,in general       
,chapter #ac of title #ah1 ,united      
,states ,code1 is amended by inserting  
after section #bdb the following3       
#bdb;,a4 ,excessive force  7a7          
,intentional acts ,whoever1 acting under
 color of law1 causes bodily injury to  
another through the intentional use of  
excessive force shall be imprisoned not 
more than ten years2 and if death       
results1 shall be imprisoned for any    

term of years or for life4  7b7         
,reckless acts ,whoever1 acting under   
color of law1 causes bodily injury to   
another through the reckless use of     
excessive force1 shall be imprisoned not
 more than five years2 and1 if death    
results1 shall be imprisoned not more   
than #bj years4  7c7 ,failure ,to       
intervene  7#a7 ,whoever1 acting under  
color of law1 is contemporaneously aware
 of an ongoing violation of subsection  
7a7 or 7b71 has the opportunity to stop 
or prevent the use of excessive force1  
and chooses not to intervene shall be   
imprisoned not more than #e years2 and  
if death results1 shall be imprisoned   
not more than #bj years4  7#b7 ,it shall
 not be a defense under this subsection 
that the person who fails to intervene  
is of a lower rank than1 junior in      
status to1 or employed in a different   
agency or component from the person     
using excessive force4  7d7             
,non-,defenses ,in a prosecution for an 
offense under this section1 there need  

not be proof that the defendant had     
familiarity with this code section1 or  
had any knowledge that any particular   
constitutional amendment1 ,federal or   
,state law1 or any policy or regulation 
prohibited the use of force at issue4   
7e7 ,definitions  7#a7 ,intentional     
,purposefully using more force than what
 the person knows is reasonably         
necessary under all the facts and       
circumstances4  7#b7 ,reckless          
,consciously disregarding a substantial 
and unjustifiable risk that excessive   
force will result from the person's     
actions4 ,the risk must be of such a    
nature and degree that1 considering the 
nature and purpose of the person's      
conduct and the circumstances known to  
that person1 its disregard involves a   
gross deviation from the standard of    
conduct that a law-abiding person1      
acting under color of law1 would observe
 in the person's situation4  7#c7       
,excessive force ,force that is more    
than what is reasonably necessary to    

accomplish a legitimate law enforcement 
function4 ,in a jail1 prison1 or other  
correctional setting1 force that is more
 than is reasonably necessary to        
accomplish a legitimate penological     
function4  7#d7 ,color of law ,a person 
acts under color of law if the person is
 performing a legitimate law enforcement
 or penological function as an employee1
 contractor1 or otherwise on behalf of1 
a ,federal1 ,state1 or local government4
  4  7b7 ,technical and conforming      
amendment ,the table of sections for    
chapter #ac of title #ah1 ,united       
,states ,code1 is amended by inserting  
after the item relating to section #bdb 
the following3  #bdb;,a4 ,excessive     
force4  4