[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 294 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 294

   To amend chapter 51 of title 18, United States Code, to establish 
    Federal penalties for the killing or attempted killing of a law 
    enforcement officer of the District of Columbia, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 10, 1997

Mrs. Hutchison (for herself, Mr. Lott, Mr. Thurmond, Mr. Sessions, Mr. 
Hagel, Mr. Shelby, Mr. Gramm, and Mr. Nickles) introduced the following 
      bill; which was read twice and referred to the Committee on 
                          Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend chapter 51 of title 18, United States Code, to establish 
    Federal penalties for the killing or attempted killing of a law 
    enforcement officer of the District of Columbia, 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 ``Officer Brian Gibson District of 
Columbia Police Protection Act''.

SEC. 2. PENALTIES FOR KILLING OR ATTEMPTING TO KILL A DISTRICT OF 
              COLUMBIA LAW ENFORCEMENT OFFICER.

    (a) In General.--
            (1) Establishment as federal offense.--Chapter 51 of title 
        18, United States Code, is amended by adding at the end the 
        following:
``Sec. 1123. Protection of law enforcement officers of the District of 
              Columbia
    ``(a) Definition of Law Enforcement Officer.--In this section, the 
term `law enforcement officer of the District of Columbia' means a 
public servant authorized by law or by the District of Columbia to 
conduct or engage in the prevention, investigation, or prosecution or 
adjudication of an offense, and includes those engaged in corrections, 
parole, or probation functions.
    ``(b) Penalties for Murder or Manslaughter.--Whoever kills a law 
enforcement officer of the District of Columbia engaged in or on 
account of the performance of the official duties of that law 
enforcement officer--
            ``(1) in the case of--
                    ``(A) murder in the first degree (as described in 
                section 1111), shall be punished by death or by 
                imprisonment for life; and
                    ``(B) murder in the second degree (as described in 
                section 1111), shall be imprisoned for any term of 
                years or for life; and
            ``(2) in the case of manslaughter, shall be punished as 
        provided in section 1112.
    ``(c) Penalty for Attempted Murder or Manslaughter.--Whoever 
attempts to kill a law enforcement officer of the District of Columbia 
engaged in or on account of the performance of the official duties of 
that law enforcement officer, shall be punished as provided in section 
1113.''.
            (2) Clerical amendment.--The analysis for chapter 51 of 
        title 18, United States Code, is amended by adding at the end 
        the following:

``1123. Protection of law enforcement officers of the District of 
                            Columbia.''.
    (b) Aggravating Circumstances for Imposition of Death Penalty.--
Section 3592(c) of title 18, United States Code, is amended by 
inserting after paragraph (16) the following:
            ``(17) Law enforcement officers of district of columbia.--
                    ``(A) In general.--The defendant committed the 
                offense against a law enforcement officer of the 
                District of Columbia--
                            ``(i) while he or she is engaged in the 
                        performance of his or her official duties;
                            ``(ii) because of the performance of his or 
                        her official duties; or
                            ``(iii) because of his or her status as a 
                        public servant.
                    ``(B) Definition of law enforcement officer of 
                District of Columbia.--In this subparagraph, the term 
                `law enforcement officer of the District of Columbia' 
                means a public servant authorized by law or by the 
                District of Columbia to conduct or engage in the 
                prevention, investigation, or prosecution or 
                adjudication of an offense, and includes those engaged 
                in corrections, parole, or probation functions.''.
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