110 HR 1149 IH: Justice for Public Safety Officers U.S. House of Representatives 2007-02-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 1149 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.

1.

Short title

This Act may be cited as the Justice for Public Safety Officers Act.

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.

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:

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. .

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:

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. .