[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2325 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 2325
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 HOUSE OF REPRESENTATIVES
May 15, 2007
Mr. Gohmert (for himself, Mr. Smith of Texas, and Mr. Forbes)
introduced the following bill; which was 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 2007''.
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 2007''.
(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.
SEC. 8. BUREAU OF PRISONS FIREARMS POLICY.
Not later than 90 days after the date of the enactment of this Act,
the Director of the Bureau of Prisons shall make rules to allow
correctional officers working for the Bureau to carry firearms to and
from work and store them in appropriate facilities at work.
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