[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1189 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1189

   To increase the criminal penalties for assaulting or threatening 
 Federal judges, their family members, and other public servants, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 17, 1997

    Mr. Smith of Oregon (for himself and Mr. Hatch) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To increase the criminal penalties for assaulting or threatening 
 Federal judges, their family members, and other public servants, and 
                          for other purposes.

    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 ``Federal Judiciary Protection Act of 
1997''.

SEC. 2. ASSAULTING, RESISTING, OR IMPEDING CERTAIN OFFICERS OR 
              EMPLOYEES.

    Section 111 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``three'' and inserting 
        ``8''; and
            (2) in subsection (b), by striking ``ten'' and inserting 
        ``20''.

SEC. 3. INFLUENCING, IMPEDING, OR RETALIATING AGAINST A FEDERAL 
              OFFICIAL BY THREATENING OR INJURING A FAMILY MEMBER.

    Section 115(b)(4) of title 18, United States Code, is amended--
            (1) by striking ``five'' and inserting ``10''; and
            (2) by striking ``three'' and inserting ``6''.

SEC. 4. MAILING THREATENING COMMUNICATIONS.

    Section 876 of title 18, United States Code, is amended--
            (1) by designating the first 4 undesignated paragraphs as 
        subsections (a) through (d), respectively;
            (2) in subsection (c), as so designated, by adding at the 
        end the following: ``If such a communication is addressed to a 
        United States judge, a Federal law enforcement officer, or an 
        official who is covered by section 1114, the individual shall 
        be fined under this title, imprisoned not more than 10 years, 
        or both.''; and
            (3) in subsection (d), as so designated, by adding at the 
        end the following: ``If such a communication is addressed to a 
        United States judge, a Federal law enforcement officer, or an 
        official who is covered by section 1114, the individual shall 
        be fined under this title, imprisoned not more than 10 years, 
        or both.''.

SEC. 5. AMENDMENT OF THE SENTENCING GUIDELINES FOR ASSAULTS AND THREATS 
              AGAINST FEDERAL JUDGES AND CERTAIN OTHER FEDERAL 
              OFFICIALS AND EMPLOYEES.

    (a) In General.--Pursuant to its authority under section 994 of 
title 28, United States Code, the United States Sentencing Commission 
shall review and amend the Federal sentencing guidelines and the policy 
statements of the commission, if appropriate, to provide an appropriate 
sentencing enhancement for offenses involving influencing, assaulting, 
resisting, impeding, retaliating against, or threatening a Federal 
judge, magistrate judge, or any other official described in section 111 
or 115 of title 18, United States Code.
    (b) Factors for Consideration.--In carrying out this section, the 
United States Sentencing Commission shall consider, with respect to 
each offense described in subsection (a)--
            (1) any expression of congressional intent regarding the 
        appropriate penalties for the offense;
            (2) the range of conduct covered by the offense;
            (3) the existing sentences for the offense;
            (4) the extent to which sentencing enhancements within the 
        Federal sentencing guidelines and the court's authority to 
        impose a sentence in excess of the applicable guideline range 
        are adequate to ensure punishment at or near the maximum 
        penalty for the most egregious conduct covered by the offense;
            (5) the extent to which Federal sentencing guideline 
        sentences for the offense have been constrained by statutory 
        maximum penalties;
            (6) the extent to which Federal sentencing guidelines for 
        the offense adequately achieve the purposes of sentencing as 
        set forth in section 3553(a)(2) of title 18, United States 
        Code;
            (7) the relationship of Federal sentencing guidelines for 
        the offense to the Federal sentencing guidelines for other 
        offenses of comparable seriousness; and
            (8) any other factors that the Commission considers to be 
        appropriate.
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