[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 91 Introduced in House (IH)]







                                    


105th CONGRESS
  1st Session
                                 H. R. 91

  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
  reduce funding if States do not enact legislation that requires the 
                    death penalty in certain cases.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 1997

 Mr. Solomon introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
  reduce funding if States do not enact legislation that requires the 
                    death penalty in certain cases.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Correctional Officer Protection 
Act''.

SEC. 2. GRANT REDUCTION FOR NONCOMPLIANCE.

    Section 506 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 is amended by adding at the end the following:
    ``(g)(1) In order not to reduce the funds available under this 
subpart by 25 percent (for redistribution to other participating 
States), a State shall, on the first day of each fiscal year succeeding 
the first fiscal year beginning 2 years after the date of the enactment 
of this Act, have in effect throughout the State a law which requires 
whoever, being incarcerated pursuant to a conviction for crime, kills 
an individual who is a State or local correctional officer--
            ``(A) while such individual is engaged in carrying out 
        official duties as such officer;
            ``(B) because of the nature of the official duties of such 
        officer; or
            ``(C) because of such individual's being such an officer;
shall be subject to the penalty of death, if the killing is a first 
degree murder, and subject to the penalties provided in sections 1111 
and 1112 of title 18, United States Code, in any other case.
    ``(2) As used in this subsection--
            ``(A) the term `State or local correctional officer' means 
        any person who is a State or local officer or employee, as such 
        term is defined in section 1501 of title 5, United States Code, 
        and who in the course of official duty performs corrections-
        related or law enforcement functions; and
            ``(B) the term `State or local government' includes the 
        District of Columbia, Puerto Rico, and any other territory and 
        possession of the United States.''.
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