H.R. 3781 (112th): Law Enforcement Torture Prevention Act of 2011

112th Congress, 2011–2013. Text as of Jan 18, 2012 (Introduced).

Status & Summary | PDF | Source: GPO

I

112th CONGRESS

2d Session

H. R. 3781

IN THE HOUSE OF REPRESENTATIVES

January 18, 2012

(for himself, Mr. Jackson of Illinois, Mr. Rush, and Mr. Gutierrez) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to provide a criminal penalty for torture committed by law enforcement officers and others acting under color of law.

1.

Short title

This Act may be cited as the Law Enforcement Torture Prevention Act of 2011.

2.

Torture committed by law enforcement officers and others acting under color of law

(a)

In general

Chapter 13 of title 18, United States Code, is amended by adding at the end the following:

250.

Torture committed by law enforcement officers and others acting under color of law

(a)

Whoever, acting under color of local, State, or Federal law, commits or attempts or conspires to commit torture shall be imprisoned for not more than 10 years, but if death results to any person from the offense, the offender shall be imprisoned for any term of years or for life.

(b)

A person may be prosecuted, tried, or punished for an offense under this section at any time without limitation.

(c)

In this section—

(1)

the term torture means intentionally inflicting severe pain or suffering, whether physical or mental, on a person for such purposes as obtaining from that person or another information or a confession, punishing that person, or intimidating or coercing that person or another, or for any reason based on discrimination of any kind, but does not include pain or suffering arising only from, inherent in, or incidental to, lawful sanctions; and

(2)

the term inflicting severe pain or suffering means—

(A)

causing or threatening to inflict severe pain or suffering;

(B)

the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;

(C)

the threat of imminent death;

(D)

the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality; or

(E)

sexual assault or the threat of sexual assault, including by third party; the denial of necessary medical services.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 13 of title 18, United States Code, is amended by adding at the end the following:

250. Torture committed by law enforcement officers and others acting under color of law.

.