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S. 353 (117th): End Police Use of Chokeholds Act of 2021


The text of the bill below is as of Feb 22, 2021 (Introduced). The bill was not enacted into law.


II

117th CONGRESS

1st Session

S. 353

IN THE SENATE OF THE UNITED STATES

February 22, 2021

(for herself, Ms. Smith, and Mrs. Gillibrand) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To incentivize banning of chokeholds and carotid holds, and for other purposes.

1.

Short title

This Act may be cited as the End Police Use of Chokeholds Act of 2021.

2.

Incentivizing banning of chokeholds and carotid holds

(a)

Definitions

In this section:

(1)

Byrne grant program

The term Byrne grant program means any grant program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), without regard to whether the funds are characterized as being made available under the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise.

(2)

Chokehold or carotid hold

The term chokehold or carotid hold means the application of any pressure to the throat or windpipe, the use of maneuvers that restrict blood or oxygen flow to the brain, or carotid artery restraints that prevent or hinder breathing or reduce intake of air of an individual.

(3)

COPS grant program

The term COPS grant program means the grant program authorized under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381).

(b)

Limitation on eligibility for funds

Beginning in the first fiscal year beginning after the date of enactment of this Act, a State or local jurisdiction may not receive funds under the Byrne grant program or the COPS grant program for a fiscal year if, on the day before the first day of the fiscal year, the State or other jurisdiction does not have in effect a law that prohibits law enforcement officers in the State or other jurisdiction from using a chokehold or carotid hold.