1.Short title; table of
contents
(a)This Act may be cited
as the Law-Enforcement Officers'
Protection Act of 2005
.
(b)The table of
contents for this Act is as follows:
Sec. 1. Short title;
table of contents.
Sec. 2. Offense of murder or manslaughter of a federally funded
public safety officer.
Sec. 3. Increased
penalties for assault of federally funded public safety officers, Federal
judges, and other Federal officials.
Sec. 4. Increased
penalties for retaliating against a federally funded public safety officer,
Federal judge, or other Federal official by murdering or assaulting a family
member.
Sec. 5. Increased
penalties for murder, manslaughter, and related crimes under Federal
jurisdiction.
Sec. 6. Ensuring fair
and expeditious Federal collateral review of convictions for killing a public
safety officer or State judge.
Sec. 7. Limitation on damages incurred during commission of a
felony or crime of violence.
Sec. 8. Improvements to the Law Enforcement Officers' Safety
Act.
Sec. 9. Increased penalties for
injuring or influencing a judicial officer or juror.
Sec. 10. Increased
penalties for tampering with a witness, victim, or an informant.
Sec. 11. Increased
penalties for retaliation against a witness, victim, or informant.
Sec. 12. Protections
against malicious recording of fictitious liens against Federal judges,
federally funded public safety officers, or other Federal
officials.
Sec. 13. Protection of individuals performing certain Federal
and federally assisted functions.
2.Offense of murder or
manslaughter of a federally funded public safety officerSection 1114 of title 18, United States
Code, is amended—
(1)by striking Whoever
and
inserting (a) In
General.—Whoever
;
(2)in new subsection (a), by inserting
federally funded public safety officer or any
after
Whoever kills or attempts to kill any
; and
(3)by inserting at the end the
following:
(b)As used in this section:
(1)Federally
funded public safety officerThe term federally funded public
safety officer means a public safety officer for a public agency
(including a court system) that receives Federal financial assistance.
(2)The term
judicial officer means a judge or other officer or employee of a
court, including prosecutors and corrections, probation, and parole
officers.
(3)The term public
agency has the meaning given such term in section 1204 of the Omnibus
Crime Control and Safe Streets Act of 1968.
(4)The term public
safety officer has the meaning given such term in section 1204 of the
Omnibus Crime Control and Safe Streets Act of 1968 and also includes a judicial
officer.
.
3.Increased penalties
for assault of federally funded public safety officers, Federal judges, and
other Federal officials
(a)Section 111 of
title 18, United States Code, is amended to read as follows:
111.Assault and
interference with certain public officers and employeesWhoever assaults or interferes with a person
designated in section 1114, while such person is engaged in, or on account of,
official duties, or assaults a person who formerly served as a person
designated in section 1114 on account of the performance of official duties,
shall be fined under this title and—
(1)if the conduct constituting the offense is
an interference or a simple assault, be imprisoned not more than one year, or
both;
(2)if the assault resulted in bodily injury
(as defined in section 1365), be imprisoned not less than 5 nor more than 20
years;
(3)if a dangerous weapon was used or possessed
during and in relation to the offense, be imprisoned not less than 15 nor more
than 40 years;
(4)if the assault resulted in serious bodily
injury (as defined for purposes of section 2119(2)), be imprisoned not less
than 15 nor more than 40 years; and
(5)in any other case, be imprisoned not less
than 2 nor more than 10
years.
.
(b)The item relating
to section 111 in the table of sections at the beginning of chapter 7 of title
18, United States Code, is amended to read as follows:
111. Assault and interference
with certain public officers and
employees.
.
4.Increased penalties
for retaliating against a federally funded public safety officer, Federal
judge, or other Federal official by murdering or assaulting a family
member
(a)Section 115(b) of title 18, United States
Code, is amended to read as follows:
(b)(1)The punishment for an assault in violation
of this section is a fine under this title and—
(A)if the assault consists of a simple
assault, a term of imprisonment for not more than one year, or both;
(B)if the assault resulted in bodily injury
(as used in section 1365), a term of imprisonment for not less than 5 nor more
than 20 years;
(C)if a dangerous weapon was used or possessed
during and in relation to the offense, a term of imprisonment not less than 15
nor more than 40 years;
(D)if the assault resulted in serious bodily
injury (as defined for purposes of section 2119(2)), a term of imprisonment not
less than 15 nor more than 40 years; and
(E)in any other case, not less than 2 nor more
than 10 years.
(2)The punishment for a kidnaping, attempted
kidnaping, or conspiracy to kidnap in violation of this section is a fine under
this title and imprisonment for any term of years not less than 30, or for
life.
(3)The punishment for a murder, attempted
murder, or conspiracy to murder in violation of this section is a fine under
this title and imprisonment for any term of years not less than 30, or for
life, or the death penalty.
(4)A
threat made in violation of this section shall be punished by a fine under this
title and imprisonment for a term of not less than 5 years nor more than 20
years.
(5)Each punishment for criminal conduct under
this section shall be in addition to any other punishment, whether imposed for
a conviction under this section or otherwise, for other criminal conduct during
the same criminal
episode.
.
(b)Conforming
amendments relating to cross reference to section 1114
(1)The heading for
section 115 of title 18, United States Code, is amended to read as
follows:
115.Influencing,
impeding, or retaliating against certain officials by threats or by injuring a
family
member
.
(2)The item relating to
section 115 in the table of sections at the beginning of chapter 7 of title 18,
United States Code, is amended to read as follows:
115. Influencing, impeding, or
retaliating against certain officials by threats or by injuring a family
member
.
5.Increased penalties
for murder, manslaughter, and related crimes under Federal
jurisdiction
(a)Section 1111(b) of
title 18, United States Code, is amended by inserting not less than
30
after any term of years
.
(b)Section 1112(b) of
title 18, United States Code, is amended—
(1)by striking or imprisoned
and all that follows through both
and inserting and
imprisoned for a term of years not less than 15 years nor more than 40
years
; and
(2)by striking or imprisoned
and all that follows through both
and inserting and
imprisoned for a term of years not more less than 3 years nor more than 15
years
.
(c)Section 1113 of
title 18, United States Code, is amended by striking shall, for an
attempt to commit murder
and all that follows through the period at the
end of the section and inserting shall be punished as is provided for a
completed offense.
.
(d)Section 1117 of
title 18, United States Code, is amended by striking by imprisonment for
any term of years or for life
and inserting as is provided for
the violation which is the object of the conspiracy
.
6.Ensuring fair and
expeditious Federal collateral review of convictions for killing a public
safety officer or State judge
(a)This section may be
cited as the Dr. John B. Jamison
Act
.
(b)Section 2254 of title
28, United States Code, is amended by adding at the end the following:
(j)(1)A court, justice, or judge shall not have
jurisdiction to consider any claim relating to the judgment or sentence in an
application described under paragraph (2), unless the applicant shows that the
claim qualifies for consideration on the grounds described in subsection
(e)(2). Any such application that is presented to a court, justice, or judge
other than a district court shall be transferred to the appropriate district
court for consideration or dismissal in conformity with this subsection, except
that a court of appeals panel must authorize any second or successive
application in conformity with section 2244 before any consideration by the
district court. Relief shall not be granted with respect to any claim in an
application described in paragraph (2) unless the denial of relief is contrary
to, or would entail an unreasonable application of, clearly established Federal
law, as determined by the Supreme Court of the United States.
(2)This subsection applies to an application
for a writ of habeas corpus on behalf of a person in custody pursuant to the
judgment of a State court for a crime that involved the killing of a public
safety officer while the public safety officer was engaged in the performance
of official duties, or on account of the public safety officer’s performance of
official duties or status as a public safety officer.
(3)For an application described in paragraph
(2), the following requirements shall apply in the district court:
(A)Any motion by either party for an
evidentiary hearing shall be filed and served not later than 90 days after the
State files its answer or, if no timely answer is filed, the date on which such
answer is due.
(B)Any motion for an evidentiary hearing shall
be granted or denied not later than 30 days after the date on which the party
opposing such motion files a pleading in opposition to such motion or, if no
timely pleading in opposition is filed, the date on which such pleading in
opposition is due.
(C)Any evidentiary hearing shall be—
(i)convened not less than 60 days after the
order granting such hearing; and
(ii)completed not more than 150 days after the
order granting such hearing.
(D)A district court shall enter a final order,
granting or denying the application for a writ of habeas corpus, not later than
15 months after the date on which the State files its answer or, if no timely
answer is filed, the date on which such answer is due, or not later than 60
days after the case is submitted for decision, whichever is earlier.
(E)If the district court fails to comply with
the requirements of this paragraph, the State may petition the court of appeals
for a writ of mandamus to enforce the requirements. The court of appeals shall
grant or deny the petition for a writ of mandamus not later than 30 days after
such petition is filed with the court.
(4)For an application described in paragraph
(2), the following requirements shall apply in the court of appeals:
(A)A timely filed notice of appeal from an
order issuing a writ of habeas corpus shall operate as a stay of that order
pending final disposition of the appeal.
(B)The court of appeals shall decide the
appeal from an order granting or denying a writ of habeas corpus—
(i)not later than 120 days after the date on
which the brief of the appellee is filed or, if no timely brief is filed, the
date on which such brief is due; or
(ii)if a cross-appeal is filed, not later than
120 days after the date on which the appellant files a brief in response to the
issues presented by the cross-appeal or, if no timely brief is filed, the date
on which such brief is due.
(C)(i)Following a decision by a panel of the
court of appeals under subparagraph (B), a petition for panel rehearing is not
allowed, but rehearing by the court of appeals en banc may be requested. The
court of appeals shall decide whether to grant a petition for rehearing en banc
not later than 30 days after the date on which the petition is filed, unless a
response is required, in which case the court shall decide whether to grant the
petition not later than 30 days after the date on which the response is filed
or, if no timely response is filed, the date on which the response is
due.
(ii)If rehearing en banc is granted, the court
of appeals shall make a final determination of the appeal not later than 120
days after the date on which the order granting rehearing en banc is
entered.
(D)If the court of appeals fails to comply
with the requirements of this paragraph, the State may petition the Supreme
Court or a justice thereof for a writ of mandamus to enforce the
requirements.
(5)(A)The time limitations under paragraphs (3)
and (4) shall apply to an initial application described in paragraph (2), any
second or successive application described in paragraph (2), and any
redetermination of an application described in paragraph (2) or related appeal
following a remand by the court of appeals or the Supreme Court for further
proceedings.
(B)In proceedings following remand in the
district court, time limits running from the time the State files its answer
under paragraph (3) shall run from the date the remand is ordered if further
briefing is not required in the district court. If there is further briefing
following remand in the district court, such time limits shall run from the
date on which a responsive brief is filed or, if no timely responsive brief is
filed, the date on which such brief is due.
(C)In proceedings following remand in the
court of appeals, the time limit specified in paragraph (4)(B) shall run from
the date the remand is ordered if further briefing is not required in the court
of appeals. If there is further briefing in the court of appeals, the time
limit specified in paragraph (4)(B) shall run from the date on which a
responsive brief is filed or, if no timely responsive brief is filed, from the
date on which such brief is due.
(6)The failure of a court to meet or comply
with a time limitation under this subsection shall not be a ground for granting
relief from a judgment of conviction or sentence, nor shall the time
limitations under this subsection be construed to entitle a capital applicant
to a stay of execution, to which the applicant would otherwise not be entitled,
for the purpose of litigating any application or appeal.
(7)In this subsection the term public
safety officer has the meaning given such term in section 1114 of title
18.
.
(c)Rights associated
with habeas corpus proceedingsSection 3771(b) of title 18, United States
Code, is amended—
(1)by striking In any court
proceeding
and inserting the following:
(1)In any court
proceeding
;
and
(2)by adding at the end the following:
(2)Habeas corpus
proceedings
(A)In a Federal habeas
corpus proceeding arising out of a State conviction, the court shall ensure
that a crime victim is afforded the rights described in paragraphs (3), (4),
(7), and (8) of subsection (a).
(B)
(i)These rights may be
enforced by the crime victim or the crime victim's lawful representative in the
manner described in paragraphs (1) and (3) of subsection (d).
(ii)In a case involving
multiple victims, subsection (d)(2) shall also apply.
(C)This paragraph relates to the duties of a
court in relation to the rights of a crime victim in Federal habeas corpus
proceedings arising out of a State conviction, and does not give rise to any
obligation or requirement applicable to personnel of any agency of the
Executive Branch of the Federal Government.
(D)For purposes of this paragraph, the term
crime victim means the person against whom the State offense is
committed or, if that person is killed or incapacitated, that person's family
member or other lawful
representative.
.
(d)Application to
pending cases
(1)The amendments made
by this section shall apply to cases pending on or after the date of enactment
of this Act.
(2)In a case pending on
the date of enactment of this Act, if the amendments made by this section
provide that a time limit runs from an event or time that has occurred prior to
such date of enactment, the time limit shall run instead from such date of
enactment.
7. Limitation on damages
incurred during commission of a felony or crime of violence
(a)Section 1979 of the
Revised Statutes (42 U.S.C. 1983) is amended by—
(1)striking except that in any action
brought against a judicial officer for an act or omission taken in such
officer's judicial capacity, injunctive relief shall not be granted unless a
declaratory decree was violated or declaratory relief was unavailable.
and inserting the following: “except that—
(1)in any action brought against a judicial
officer for an act or omission taken in such officer's judicial capacity,
injunctive relief shall not be granted unless a declaratory decree was violated
or declaratory relief was unavailable; and
(2)in any action seeking redress for a
deprivation that was incurred in the course of, or as a result of, or is
related to, conduct by the injured party that, more likely than not,
constituted a felony or a crime of violence (as defined in section 16 of title
18, United States Code), including any deprivation in the course of arrest or
apprehension for, or the investigation, prosecution, or adjudication of such an
offense, a court shall not have jurisdiction to consider a claim for damages
other than for necessary out-of-pocket expenditures and other monetary
loss.
;
and
(2)indenting the last sentence as an
undesignated paragraph.
(b)Section 722(b) of the
Revised Statutes (42 U.S.C. 1988(b)) is amended by striking except that
in any action brought against a judicial officer for an act or omission taken
in such officer's judicial capacity such officer shall not be held liable for
any costs, including attorneys fees, unless such action was clearly in excess
of such officer's jurisdiction.
and inserting the following: “except
that—
(1)in any action brought against a judicial
officer for an act or omission taken in such officer's judicial capacity, such
officer shall not be held liable for any costs, including attorneys fees,
unless such action was clearly in excess of such officer's jurisdiction;
and
(2)in any action seeking redress for a
deprivation that was incurred in the course of, or as a result of, or is
related to, conduct by the injured party that, more likely than not,
constituted a felony or a crime of violence (as defined in section 16 of title
18, United States Code), including any deprivation in the course of arrest or
apprehension for, or the investigation, prosecution, or adjudication of, such
an offense, the court may not allow such party to recover attorney's
fees.
.
8.Improvements to the
law enforcement officers' safety act
Section 926C of title 18, United States
Code, is amended—
(1)in subsection (c)—
(A)in paragraph (3)(A), by striking was
regularly employed as a law enforcement officer for an aggregate of 15 years or
more
and inserting served as a law enforcement officer for an
aggregate of 10 years or more
; and
(B)by striking paragraphs (4) and (5), and
designating paragraphs (6) and (7) as paragraphs (4) and (5), respectively;
and
(2)in subsection (d)—
(A)in paragraph (1), by striking
or
after the semicolon;
(B)in paragraph (2)(B), by striking the period
and inserting ; or
; and
(C)by adding at the end the following:
(3)in those States or for those
law-enforcement agencies that do not issue the identification or certification
required by paragraph (1) or (2)—
(A)an identification issued by the agency from
which the individual retired from service as a law enforcement officer;
(B)a photographic identification issued by an
agency of the State in which the individual resides, such as a driver's license
or a State identification card; and
(C)a document issued by the State in which the
individual resides that either certifies that the individual is authorized by
the laws of that State to carry a concealed firearm, or, in those States that
do not provide mandatory and objective standards for the issuance of such a
license, certifies that the individual has received training in the safe
handling of firearms or has completed a firearms safety or training course for
security guards or
investigators.
.
9.Increased penalties
for injuring or influencing a judicial officer or jurorSection 1503 of title 18, United States
Code, is amended—
(1)by striking subsection (a) and inserting
the following:
(a)(1)Whoever—
(A)corruptly, or by threats or force, or by
any threatening letter or communication, endeavors to influence, intimidate, or
impede a juror or officer in a judicial proceeding in the discharge of that
juror or officer’s duty;
(B)injures a juror or an officer in a judicial
proceeding on account of the performance of official duties as such juror or
officer; or
(C)corruptly, or by threats or force, or by
any threatening letter or communication, influences, obstructs, or impedes, or
endeavors to influence, obstruct, or impede, the due administration of
justice;
or attempts or conspires to do so, shall be punished
as provided in subsection (b).(2)As used in this section, the term
juror or officer in a judicial proceeding
means a grand or petit
juror, or other officer in or of any court of the United States, or an officer
who may be serving at any examination or other proceeding before any United
States magistrate judge or other committing
magistrate.
;
(2)by striking subsection (b) and inserting
the following:
(b)The punishment for an offense under this
section is—
(1)in the case of a killing, the punishment
provided in sections 1111 and 1112:
(2)in a case in which the offense was
committed against a petit juror for a matter in which a felony was charged,
imprisonment for any term of years not less than 20 years, or for life, and a
fine under this title; and
(3)in any other case, a fine under this title
and imprisonment for not less than 10 years nor more than 30 years.
(c)An attempt or a conspiracy to commit an
offense punishable under this section shall be punished as is provided for the
completed offense or the violation which is the object of the
conspiracy
.
10.Increased penalties
for tampering with a witness, victim, or an informant
(a)Section 1512 of
title 18, United States Code, is amended—
(1)in subsection (a)(3)—
(A)by striking subparagraph (B); and
(B)in subparagraph (C), by striking not
more than 10 years
and inserting not less than 5 years nor more
than 20 years
;
(2)in subsection (b), by striking or
imprisoned not more than ten years, or both
and inserting not
less than 5 years nor more than 20 years
;
(3)in subsection (c), by striking or
imprisoned not more than twenty years, or both
and inserting and
imprisoned not less than 5 years nor more than 20 years
; and
(4)in subsection (d), by striking or
imprisoned not more than one year, or both
and inserting and
imprisoned not less than 5 years nor more than 20 years
.
(b)Section 1512(k) of title 18, United States
Code, is amended—
(1)by inserting attempts or
before conspires
; and
(2)by inserting attempted or
before the commission
.
11.Increased penalties
for retaliation against a witness, victim, or informant
Section 1513 of title 18, United States
Code, is amended—
(1)in subsection (a)(1)(B)—
(A)by inserting a comma after
probation
; and
(B)by striking the comma which immediately
follows another comma;
(2)in subsection (a)(2), by striking
subparagraph (B);
(3)in subsection (b), by striking or
imprisoned not more than ten years, or both
and inserting and
imprisoned not less than 10 years nor more than 30 years
;
(4)in the first subsection (e), by striking
or imprisoned not more than 10 years, or both
and inserting
and imprisoned not less than 10 years nor more than 30
years
;
(5)by redesignating the second subsection (e)
as subsection (f); and
(6)in subsection (f) as so redesignated by
paragraph (5)—
(A)by inserting attempts or
before conspires
; and
(B)by inserting attempted or
before the commission
.
12.Protections against
malicious recording of fictitious liens against Federal judges, federally
funded public safety officers, or other Federal officials
(a)Chapter 73 of title 18, United States Code,
is amended by adding at the end the following:
1521.Retaliating against
a Federal judge, federally funded public safety officer, or other Federal
official by false claim or slander of titleWhoever files or attempts to file, in any
public record or in any private record which is generally available to the
public, any false lien or encumbrance against the real or personal property of
a person designated in section 1114 shall be fined under this title or
imprisoned for not more than 10 years, or
both.
.
(b)The table of
sections at the beginning of chapter 73 of title 18, United States Code, is
amended by adding at the end the following new item:
1521. Retaliating against a
Federal judge, federally funded public safety officer, or other Federal
official by false claim or slander of
title.
.
13.Protection of
individuals performing certain Federal and federally assisted
functions
(a)Chapter 7 of title 18, United States Code,
is amended by adding at the end the following:
117.Protection of
individuals performing certain Federal and federally assisted
functions
(a)Whoever knowingly, and with the intent that
it be used to threaten or intimidate a covered official or to kidnap, injure,
or threaten a covered official or an immediate family member of a covered
official as defined in section 115(c)(2) of this title, makes restricted
personal information about a covered official publicly available shall be fined
under this title and imprisoned for 5 years.
(b)It is a defense to a prosecution under this
section that the covered official gave permission to make the restricted
personal information publicly available.
(c)As used in this section—
(1)the term restricted personal
information means, with respect to an individual, the Social Security
number, the home address, home phone number, mobile phone number, personal
email, or home fax number of, and identifiable to, that individual; and
(2)the term covered official
means—
(A)an individual designated in section 1114;
or
(B)a grand or petit juror, witness, or other
officer in or of, any court of the United States, or an officer who may be
serving at any examination or other proceeding before any United States
magistrate judge or other committing
magistrate.
.
(b)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. Protection of individuals
performing certain Federal and federally assisted
functions.
.