[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3835 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3835

   To provide adequate penalties for crimes committed against United 
    States judges and Federal law enforcement officers, to provide 
 appropriate security for judges and law enforcement officers, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2006

    Mr. Cornyn (for himself, Mr. Chambliss, Mr. Allen, Mr. Kyl, Mr. 
  Sessions, Mr. Graham, Mr. Inhofe, and Mr. Santorum) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To provide adequate penalties for crimes committed against United 
    States judges and Federal law enforcement officers, to provide 
 appropriate security for judges and 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 ``Court and Law Enforcement Officers 
Protection Act of 2006''.

SEC. 2. SPECIAL PENALTIES FOR MURDER, KIDNAPPING, AND RELATED CRIMES 
              AGAINST FEDERAL JUDGES AND FEDERAL LAW ENFORCEMENT 
              OFFICERS.

    (a) Murder.--Section 1114 of title 18, United States Code, is 
amended--
            (1) by inserting ``(a)'' before ``Whoever''; and
            (2) by adding at the end the following:
    ``(b) If the victim of an offense punishable under this section is 
a United States judge or a Federal law enforcement officer (as those 
terms are defined in section 115) the offender shall be punished by--
            ``(1) a fine under this title; and
            ``(2)(A) in the case of murder, attempted murder, or 
        conspiracy to murder, imprisonment for any term of years not 
        less than 30 years, or for life, or, if death results, may be 
        sentenced to death;
            ``(B) in the case of voluntary manslaughter, imprisonment 
        for a term of years not less than 15 years nor more than 40 
        years; and
            ``(C) in the case of involuntary manslaughter, imprisonment 
        for a term of years not less than 3 years nor more than 15 
        years.''.
    (b) Kidnapping.--Section 1201(a) of title 18, United States Code, 
is amended by adding at the end the following: ``If the victim of the 
offense punishable under this subsection is a United States judge or a 
Federal law enforcement officer (as those terms are defined in section 
115) the offender shall be punished by a fine under this title and 
imprisonment for any term of years not less than 30 years, or for life, 
or, if death results, may be sentenced to death.''.

SEC. 3. AUTHORITY OF FEDERAL JUDGES AND PROSECUTORS TO CARRY FIREARMS.

    (a) In General.--Chapter 203 of title 18, United States Code, is 
amended by inserting after section 3053 the following:
``Sec. 3054. Authority of Federal judges and prosecutors to carry 
              firearms
    ``(a) In General.--Any justice of the United States or judge of the 
United States (as defined in section 451 of title 28), any judge of a 
court created under article I of the United States Constitution, any 
bankruptcy judge, any magistrate judge, any United States attorney, and 
any other officer or employee of the Department of Justice whose duties 
include representing the United States in a court of law, may carry 
firearms.
    ``(b) Regulations.--The Attorney General shall prescribe 
regulations to carry out this section. Such regulations may provide for 
training and regular certification in the use of firearms and shall, 
with respect to justices, judges, bankruptcy judges, and magistrate 
judges, be prescribed after consultation with the Judicial Conference 
of the United States.''.
    (b) Law Enforcement Officers.--
            (1) In general.--Section 926B of title 18, United States 
        Code, is amended by adding at the end the following:
    ``(f) For purposes of this section, a law enforcement officer of 
the Amtrak Police Department or a law enforcement or police officer of 
the executive branch of the Federal Government qualifies as an employee 
of a governmental agency who is authorized by law to engage in or 
supervise the prevention, detection, investigation, or prosecution of, 
or the incarceration of any person for, any violation of law, and has 
statutory powers of arrest.''.
            (2) Retired law enforcement officers.--Section 926C of 
        title 18, United States Code, is amended--
                    (A) in subsection (c)--
                            (i) 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
                            (ii) by striking paragraphs (4) and (5), 
                        and designating paragraphs (6) and (7) as 
                        paragraphs (4) and (5), respectively;
                    (B) in subsection (d)--
                            (i) in paragraph (1), by striking ``or'' 
                        after the semicolon;
                            (ii) in paragraph (2)(B), by striking the 
                        period at the end and inserting ``; or''; and
                            (iii) 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.''; and
                    (C) by adding at the end the following:
    ``(f) In this section, the term `service with a public agency as a 
law enforcement officer' includes service as a law enforcement officer 
of the Amtrak Police Department or as a law enforcement or police 
officer of the executive branch of the Federal Government.''.
    (c) Clerical Amendment.--The table of sections for chapter 203 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 3053 the following:

``3054. Authority of Federal judges and prosecutors to carry 
                            firearms.''.

SEC. 4. PENALTIES FOR CERTAIN ASSAULTS.

    Section 111 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``8 years'' and 
        inserting ``15 years'';
            (2) in subsection (b), by striking ``20 years'' and 
        inserting ``30 years''; and
            (3) by adding at the end the following:
    ``(c) Law Enforcement Officers and Judges.--
            ``(1) In general.--If the victim of an assault punishable 
        under this section is a United States judge or a Federal law 
        enforcement officer (as those terms are defined in section 115) 
        the offender shall be punished by a fine under this title and--
                    ``(A) if the assault resulted in bodily injury (as 
                that term is defined in section 1365), imprisonment for 
                a term of years not less than 2 years nor more than 10 
                years;
                    ``(B) if the assault resulted in substantial bodily 
                injury (as that term is defined in section 113), 
                imprisonment for a term of years not less than 5 years 
                nor more than 15 years; and
                    ``(C) if a dangerous weapon was used or possessed 
                during and in relation to the offense, or if the 
                assault resulted in serious bodily injury (as defined 
                in section 2119(2)), imprisonment for a term of years 
                not less than 10 years nor more than 25 years.
            ``(2) Imposition of punishment.--Each punishment for 
        criminal conduct described in this subsection 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.''.

SEC. 5. SPECIAL PENALTIES FOR RETALIATING AGAINST A FEDERAL JUDGE OR 
              FEDERAL LAW ENFORCEMENT OFFICER BY MURDERING OR 
              ASSAULTING A FAMILY MEMBER.

    Section 115 of title 18, United States Code, is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c)(1) If an offense punishable under this section is committed 
with the intent to impede, intimidate, or interfere with a United 
States judge or a Federal law enforcement officer while engaged in the 
performance of official duties, or with the intent to retaliate against 
such judge or officer on account of the performance of official duties, 
the offender shall be punished--
            ``(A) in the case of murder, attempted murder, conspiracy 
        to murder, or manslaughter, as provided in section 1114(b);
            ``(B) in the case of kidnapping, attempted kidnapping, or 
        conspiracy to kidnap, as provided for an offense against a 
        United States judge or Federal law enforcement officer in 
        section 1201(a);
            ``(C) in the case of an assault, as provided for an offense 
        against a United States judge or Federal law enforcement 
        officer in section 111;
            ``(D) in the case of a threat, by a fine under this title 
        and imprisonment for a term of years not less than 2 years nor 
        more than 10 years.
    ``(2) Each punishment for criminal conduct described in this 
subsection 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.''.

SEC. 6. LIMITATION ON DAMAGES INCURRED DURING COMMISSION OF A FELONY OR 
              CRIME OF VIOLENCE.

    (a) In General.--Section 1979 of the Revised Statutes (42 U.S.C. 
1983) is amended by--
            (1) striking ``except that in any action'' and all that 
        follows through ``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--
                    ``(A) for necessary out-of-pocket expenditures and 
                other monetary loss; and
                    ``(B) if the deprivation consisted of the 
                purposeful infliction of serious bodily injury (as 
                defined in section 1365 of title 18, United States 
                Code) by the defendant upon the injured party, for 
                additional damages in an amount that shall not exceed 
                $250,000.''; and
            (2) indenting the last sentence as an undesignated 
        paragraph.
    (b) Attorney's Fees.--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.''.
    (c) Application.--This section and the amendments made by this 
section shall apply to cases pending on or after the date of enactment 
of this Act.

SEC. 7. FEDERAL REVIEW OF STATE CONVICTION FOR MURDER OF A PUBLIC 
              SAFETY OFFICER OF JUDGE.

    (a) Short Title.--This section may be cited as the ``Police Officer 
Daniel Faulkner Act of 2006''.
    (b) In General.--Section 2254 of title 28, United States Code, is 
amended by adding at the end the following:
    ``(j) For 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 or judge while the 
public safety officer or judge was engaged in the performance of 
official duties, or on account of the public safety officer's or 
judge's performance of official duties or status as a public safety 
officer or judge--
            ``(1) the application shall be subject to the time 
        limitations and other requirements under sections 2263, 2264, 
        and 2266; and
            ``(2) the review of the application by the court shall be 
        limited to those claims concerning the validity of the 
        conviction of the applicant for the underlying offense for 
        which the applicant is held in custody.
    ``(k) A court shall not consider a claim relating to sentencing 
mitigation that was adjudicated on the merits in a State court, unless 
a determination that the error is not structural is contrary to clearly 
established Federal law, as determined by the Supreme Court of the 
United States.''.
    (c) Finality of Review.--
            (1) In general.--Section 2251 of title 28, United States 
        Code, is amended by adding at the end the following:
    ``(c) Stay of Matters.--This section, section 2262, and section 
2101 are the exclusive sources of authority for Federal courts to stay 
a sentence of death entered by a State court.''.
            (2) Second or successive applications.--Section 
        2244(b)(3)(E) of title 28, United States Code, is amended by 
        striking ``the subject of a petition'' and all that follows 
        through the end of the subparagraph and inserting the 
        following: ``reheard in the court of appeals or reviewed by a 
        writ of certiorari.''.
            (3) Rules.--Rule 11 of the Rules Governing Section 2254 
        Cases in the United States District Courts is amended by adding 
        at the end the following: ``Rule 60(b)(6) of the Federal Rules 
        of Civil Procedure does not apply to proceedings under these 
        rules.''.
    (d) Effective Date.--
            (1) In general.--This section and the amendments made by 
        this section shall apply to cases pending on or after the date 
        of enactment of this Act.
            (2) Pending cases.--In a case pending on the date of 
        enactment of this Act, if the amendments made by this section 
        impose a time limit for taking certain action, the period of 
        which began on the date of an event that occurred prior to the 
        date of enactment of this Act, the period of such time limit 
        shall instead begin on the date of enactment of this Act.
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