[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2194 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2194

     To amend title 18, United States Code, to provide additional 
   protections for law enforcement officers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 5, 2005

  Mr. Daniel E. Lungren of California introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To amend title 18, United States Code, to provide additional 
   protections for law enforcement officers, 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 ``Law Enforcement Protection Act of 
2005''.

SEC. 2. PROTECTION OF LAW ENFORCEMENT OFFICERS.

    (a) Assaults.--
            (1) Federal law enforcement officers.--Section 111 of title 
        18, United States Code, is amended by adding at the end the 
        following:
    ``(c) Alternate Penalty Where Victim Is a Law Enforcement 
Officer.--If the offense is an assault and the victim of the offense 
under this section is a law enforcement officer (as defined in section 
115), in lieu of the penalties otherwise set forth in this section, the 
offender shall be subject to a fine under this title and--
            ``(1) if the assault resulted in bodily injury (as defined 
        in section 1365), shall be imprisoned not less than one nor 
        more than 10 years;
            ``(2) if the assault resulted in substantial bodily injury 
        (as defined in section 113), shall be imprisoned not less than 
        3 nor more than 12 years;
            ``(3) if the assault resulted in serious bodily injury (as 
        defined in section 1365), shall be imprisoned not less than 5 
        nor more than 15 years;
            ``(4) if a deadly or dangerous weapon was used during and 
        in relation to the assault, shall be imprisoned not less than 5 
        nor more than 20 years; and
            ``(5) shall be subject to imprisonment for not more than 1 
        year in any other case.''.
            (2) Federally funded state and local law enforcement 
        officers.--
                    (A) Offense.--Chapter 7 of title 18, United States 
                Code, is amended by adding at the end the following:
``Sec. 117. Protection of federally funded State and local law 
              enforcement officers
    ``(a) Whoever assaults a Federally funded State or local law 
enforcement officer while engaged in or on account of the performance 
of official duties, or assaults any person who formerly served as a 
Federally funded State or local law enforcement officer on account of 
the performance of such person's official duties during such service 
shall be subject to a fine under this title and--
            ``(1) if the assault resulted in bodily injury (as defined 
        in section 1365), shall be imprisoned not less than one nor 
        more than 10 years;
            ``(2) if the assault resulted in substantial bodily injury 
        (as defined in section 113), shall be imprisoned not less than 
        3 nor more than 12 years;
            ``(3) if the assault resulted in serious bodily injury (as 
        defined in section 1365), shall be imprisoned not less than 5 
        nor more than 15 years;
            ``(4) if a deadly or dangerous weapon was used during and 
        in relation to the assault, shall be imprisoned not less than 5 
        nor more than 20 years; and
            ``(5) shall be imprisoned for not more than 1 year in any 
        other case.
    ``(b) As used in this section, the term `Federally funded State or 
local law enforcement officer' means an individual involved in crime 
and juvenile delinquency control or reduction, or enforcement of the 
laws (including a police, corrections, probation, or parole officer) 
who works for a public agency (that receives Federal financial 
assistance) of a State of the United States or the District of 
Columbia.''.
                    (B) Clerical amendment.--The table of sections at 
                the beginning of chapter 7 of title 18, United States 
                Code, is amended by adding at the end the following new 
                item:

``117. Federally funded State and local law enforcement officers.''.
    (b) Killings and Attempts and Conspiracies to Kill.--
            (1) Killings and attempted killings of federal law 
        enforcement officers.--Section 1114 of title 18, United States 
        Code, is amended--
                    (A) by inserting ``(a)'' before ``Whoever''; and
                    (B) by adding at the end the following:
    ``(b) Alternate Penalty Where Victim Is a Law Enforcement 
Officer.--If the victim of the offense under this section is a law 
enforcement officer (as defined in section 115), in lieu of the 
penalties otherwise set forth in this section, if the offense is 
described below, the offender shall be fined under this title and--
            ``(1) if the offense is murder in the first degree, shall 
        be punished by death or by imprisonment for life;
            ``(2) if the offense is murder in the second degree, shall 
        be punished by imprisonment for any term of years not less than 
        30, or for life;
            ``(3) if the offense is voluntary manslaughter, shall be 
        imprisoned not more than 20 years;
            ``(4) if the offense is involuntary manslaughter, shall be 
        imprisoned not more than 10 years; and
            ``(5) if the offense is attempted murder, shall be 
        imprisoned for any term of years not less than 25 years, or for 
        life.''.
            (2) New offense relating to killings of federally funded 
        law enforcement officers.--
                    (A) In general.--Chapter 51 of title 18, United 
                States Code, is amended by adding at the end the 
                following:
``Sec. 1123. Killings of federally funded State and local law 
              enforcement officers
    ``(a) Whoever--
            ``(1) kills or attempts to kill a Federally funded State or 
        local law enforcement officer while engaged in or on account of 
        the performance of official duties or
            ``(2) kills or attempts to kill any person who formerly 
        served as a Federally funded State or local law enforcement 
        officer on account of the performance of such person's official 
        duties during such service;
shall, if the conduct constituting the offense is described in 
subsection (b), be punished as provided in that subsection.
    ``(b) The punishment for an offense under subsection (a) is a fine 
under this title and--
            ``(1) if the offense is murder in the first degree, death 
        or imprisonment for life;
            ``(2) if the offense is murder in the second degree, 
        imprisonment for any term of years not less than 30, or for 
        life;
            ``(3) if the offense is voluntary manslaughter, 
        imprisonment for not more than 20 years;
            ``(4) if the offense is involuntary manslaughter, 
        imprisonment for not more than 10 years; and
            ``(5) if the offense is attempted murder, imprisonment for 
        any term of years not less than 25 years, or for life.
    ``(c) As used in this section, the term `federally funded law 
enforcement officer' has the meaning given that term in section 117 and 
the terms `murder in the first degree', `murder in the second degree', 
`voluntary manslaughter', and `involuntary manslaughter' have the 
meanings given those terms in sections 1111 and 1112.''.
            (3) Conspiracies to kill law enforcement officers.--Section 
        1117 of title 18, United States Code, is amended--
                    (A) by striking ``or 1119'' and inserting ``, 1119, 
                or 1123''; and
                    (B) by adding at the end the following: ``If the 
                object of the conspiracy is the murder of a law 
                enforcement officer that would violate section 1114 or 
                1123, the term of imprisonment imposed under this 
                section shall be not less than 25 years.''.

SEC. 3. PROTECTION OF LAW ENFORCEMENT OFFICER FAMILY MEMBERS.

    (a) Modification of Section 115.--Section 115 of title 18, United 
States Code is amended--
            (1) in subsection (a)(1)(A), by inserting ``a federally 
        funded law enforcement officer (as defined in section 117),'' 
        after ``a Federal law enforcement officer,''; and
            (2) by adding at the end of subsection (b) the following:
    ``(5) In lieu of the punishments otherwise provided by this 
subsection for offenses described in this paragraph, if the victim of 
the offense under this subsection is an immediate family member of a 
Federal law enforcement officer or of a Federally funded law 
enforcement officer, the punishments shall be as follows:
            ``(A) If the offense is an assault:
                    ``(i) If the assault resulted in bodily injury (as 
                defined in section 1365), a term of imprisonment for 
                not less than 5 years nor more than 10 years.
                    ``(ii) If the assault resulted in substantial 
                bodily injury (as defined in section 113), a term of 
                imprisonment for not less than 7 years nor more than 12 
                years.
                    ``(iii) If the assault resulted in serious bodily 
                injury (as defined in section 1365), a term of 
                imprisonment for not less than 10 years nor more than 
                15 years.
                    ``(iv) If a dangerous weapon was used during and in 
                relation to the offense, a term of imprisonment for not 
                less than 10 years nor more than 20 years.
            ``(B) If the offense is a kidnapping, attempted kidnapping, 
        or conspiracy to kidnap:
                    ``(i) Except as provided in clause (ii), a term of 
                imprisonment for not less than 20 years or for life 
                and, if the death of any person results, death or 
                imprisonment for life.
                    ``(ii) If the kidnapping involves a minor child as 
                described in 18 U.S.C. 1201 (g)(1)(A), and the offender 
                is described by 18 U.S.C. 1201(g)(1)(B), the punishment 
                for such offense shall be a term of imprisonment for 
                not less than 25 years or for life and, if the death of 
                any person results, shall be punished by death or 
                imprisonment for life.
            ``(C) If the offense is a murder (as defined in section 
        1111) or an attempt or conspiracy to murder:
                    ``(i) If the offense is murder in the first degree, 
                the murder shall be punished by death or by 
                imprisonment for life.
                    ``(ii) If the offense is murder in the second 
                degree, the murder shall be punished by imprisonment 
                for any term of years not less than 30, or for life.
                    ``(iii) If the offense is attempted murder, the 
                attempt shall be punished by imprisonment for any term 
                of years not less than 25, or for life.
            ``(D) If the offense is a threat to murder, the threat 
        shall be punished by imprisonment for a term of not less than 
        five years nor more than 12 years, and if a threatened assault 
        or kidnapping, by imprisonment for not less than two years nor 
        more than ten years.''.
                                 <all>