[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1149 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1149

  To amend title 18, United States Code, to protect federally funded 
                        public safety officers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 16, 2007

   Mr. Dreier (for himself, Mr. Schiff, Mr. Calvert, Mr. McKeon, Mr. 
  Herger, Mr. Issa, Mrs. Bono, Mr. Rohrabacher, Mr. Gallegly, and Mr. 
Gary G. Miller 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 protect federally funded 
                        public safety officers.

    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 ``Justice for Public Safety Officers 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) State and local prosecutors are the best equipped 
        prosecutors to prosecute crimes against local and State peace 
        officers.
            (2) Cases involving the murder of local and State peace 
        officers and subsequent flight to avoid prosecution in the 
        United States implicate Federal interests, and by providing 
        Federal jurisdiction in such cases the Federal Government will 
        be able to provide additional investigatory and prosecutorial 
        resources.
            (3) The United States should use all reasonable tools 
        available to encourage foreign countries to change their 
        extradition policies so that the possibility of capital 
        punishment or life imprisonment will not interfere with the 
        timely extradition of fugitives of the United States.

SEC. 3. PROTECTION OF FEDERALLY FUNDED PUBLIC SAFETY OFFICERS.

    (a) Offense.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1123. Killing of federally funded or Federal law enforcement 
              officers
    ``(a) Offense.--Whoever kills, or attempts or conspires to kill, a 
federally protected safety officer while that officer is engaged in 
official duties, or on account of the performance of official duties, 
or kills a former federally protected safety officer on account of the 
past performance of official duties as such, shall be punished--
            ``(1) in the case of murder, as provided under section 1111 
        but not less than 30 years;
            ``(2) in the case of attempted murder, as provided in 
        section 1113 but not less than 15 years; or
            ``(3) in the case of manslaughter, as provided under 
        section 1112.
    ``(c) Definitions.--As used in this section --
            ``(1) the term `federally protected safety officer' means a 
        public safety officer for a public agency (including a court 
        system, the National Guard or a State to the extent the 
        personnel of that National Guard are not in Federal service, 
        and the defense forces of a State authorized by section 109 of 
        title 32) if --
                    ``(A) if the public agency receives, in any one 
                year period, funding, equipment, or benefits in excess 
                of $10,000 under a Federal program involving a grant, 
                contract, subsidy, loan, guarantee, insurance, or other 
                form of Federal assistance, and the public agency is of 
                an entity that is a State of the United States, the 
                District of Columbia, the Virgin Islands of the United 
                States, Guam, American Samoa, the Trust Territory of 
                the Pacific Islands, the Commonwealth of the Northern 
                Mariana Islands, or any territory or possession of the 
                United States, and Indian tribe, or a unit of local 
                government of that entity; or
                    ``(B) the officer was at the time of the offense, 
                engaged in carrying out a program authorized by Federal 
                law or regulation that is executed in whole or in part 
                by non-Federal public safety officers;
            ``(2) the term `public safety officer' means an individual 
        serving a public agency in an official capacity, as a judicial 
        officer, as a law enforcement officer, as a firefighter, as a 
        chaplain, or as a member of a rescue squad or ambulance crew;
            ``(3) the term `judicial officer' means a judge or other 
        officer or employee of a court, including prosecutors, court 
        security, pretrial services officers, court reporters, and 
        corrections, probation, and parole officers;
            ``(4) the term `firefighter' includes an individual serving 
        as an official recognized or designated member of a legally 
        organized volunteer fire department and an officially 
        recognized or designated public employee member of a rescue 
        squad or ambulance crew; and
            ``(5) the term `law enforcement officer' means an 
        individual, with arrest powers, involved in crime and juvenile 
        delinquency control or reduction, or enforcement of the 
        laws.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 51 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1123. Killing of federally funded or Federal program public safety 
                            officers.''.

SEC. 4. FLIGHT TO AVOID PROSECUTION FOR KILLING FEDERALLY FUNDED PUBLIC 
              SAFETY OFFICERS.

    (a) Flight.--Chapter 49 of title 18, United States Code, is amended 
by adding at the end the following:
``Sec. 1075. Flight to avoid prosecution for killing federally funded 
              public safety officers
    ``Whoever moves or travels in interstate or foreign commerce with 
intent to avoid prosecution, or custody or confinement after 
conviction, under the laws of the place from which he flees or under 
section 1114 or 1123, for a crime consisting of the killing, an 
attempted killing, or a conspiracy to kill, an individual involved in 
crime and juvenile delinquency control or reduction, or enforcement of 
the laws or for a crime punishable by section 1114 or 1123, shall be 
fined under this title and imprisoned, in addition to any other 
imprisonment for the underlying offense, for any term of years not less 
than 10.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 49 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1075. Flight to avoid prosecution for killing peace officers.''.
                                 <all>