# Understanding the Eric Garner Excessive Use of Force Prevention Act

This bill makes it a federal crime for police officers and other government officials to use chokeholds on people. Specifically, it bans any technique that applies pressure to someone's throat or windpipe, restricts blood or oxygen flow to the brain, or uses carotid artery restraints that interfere with breathing. The bill is named after Eric Garner, a man who died in 2014 after a police officer used a chokehold on him during an arrest in New York City.

The practical effect is that federal law would now explicitly treat chokeholds as a violation of someone's civil rights. This matters because it creates a specific federal crime that prosecutors can use to charge officers who use these techniques. Previously, while some states and cities had banned chokeholds, there wasn't a clear federal prohibition. Now, if a police officer or federal agent uses a chokehold, they could face federal criminal charges, which can carry serious penalties including prison time.

This bill primarily affects law enforcement officers at all levels—local police, state troopers, and federal agents. It also protects the public by establishing a clear legal standard that these restraint techniques are not acceptable. The law applies to any situation where an officer uses these techniques, whether someone is resisting arrest, suspected of a crime, or in any other circumstance. While some police departments had already banned chokeholds on their own, this federal law makes it a crime nationwide with consistent consequences.

Eric Garner Excessive Use of Force Prevention Act of 2021

Jeffries, Hakeem S.

Eric Garner Excessive Use of Force Prevention Act of 2021 This bill modifies the criminal civil rights statute that prohibits the deprivation of rights under color of law. Currently, the second prong of the prohibition bars 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 a person's 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 (e.g., a chokehold) constitute a punishment, pain, or penalty.