[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1235 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1235

To impose appropriate penalties for the assault or murder of a Federal 
 law enforcement officer or Federal judge, for the retaliatory assault 
 or murder of a family member of a Federal law enforcement officer or 
                 Federal judge, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 26, 2007

  Mr. Cornyn introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To impose appropriate penalties for the assault or murder of a Federal 
 law enforcement officer or Federal judge, for the retaliatory assault 
 or murder of a family member of a Federal law enforcement officer or 
                 Federal judge, 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 ``Daniel Faulkner Law Enforcement 
Officers and Judges Protection Act of 2007''.

SEC. 2. SPECIAL PENALTIES FOR MURDER OR KIDNAPPING OF A FEDERAL LAW 
              ENFORCEMENT OFFICER OR FEDERAL JUDGE.

    (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 or 
section 1117 is a Federal law enforcement officer or a United States 
judge (as those terms are defined in section 115), the offender shall 
be punished by a fine under this title and--
            ``(1) in the case of murder in the first degree, or an 
        attempt or conspiracy to commit murder in the first degree, 
        death or imprisonment for life;
            ``(2) in the case of murder in the second degree, or an 
        attempt or conspiracy to commit murder in the second degree, 
        imprisonment for any term of years not less than 25 or for 
        life; and
            ``(3) in the case of voluntary manslaughter, imprisonment 
        for any term of years not less than 10 or for life.''.
    (b) Kidnapping.--Section 1201(a) of title 18, United States Code, 
is amended--
            (1) by redesignating subsections (f), (g), and (h) as 
        subsections (g), (h), and (i), respectively; and
            (2) by inserting after subsection (e) the following:
    ``(f) If the victim of an offense punishable under subsection (a), 
(c), or (d) is a Federal law enforcement officer or a United States 
judge (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 20 or for life, or, if death results, may be 
sentenced to death.''.

SEC. 3. SPECIAL PENALTIES FOR ASSAULTING A FEDERAL LAW ENFORCEMENT 
              OFFICER OR FEDERAL JUDGE.

    (a) In General.--Section 111 of title 18, United States Code, is 
amended to read as follows:
``Sec. 111. Assaulting or interfering with certain officers or 
              employees
    ``(a) Officers and Employees.--
            ``(1) In general.--It shall be unlawful to--
                    ``(A) assault or interfere with an officer or 
                employee described in section 1114, while such officer 
                or employee is engaged in, or on account of the 
                performance of, official duties;
                    ``(B) assault or interfere with an individual who 
                formerly served as an officer or employee described in 
                section 1114 on account of the performance of official 
                duties; or
                    ``(C) assault or interfere with an individual on 
                account of that individual's current or former status 
                as an officer or employee described in section 1114.
            ``(2) Penalty.--Any person who violates paragraph (1), 
        shall be--
                    ``(A) fined under this title;
                    ``(B)(i) in the case of an interference or a simple 
                assault, imprisoned for not more than 1 year;
                    ``(ii) in the case of an assault involving actual 
                physical contact or the intent to commit any other 
                felony, imprisoned for not more than 10 years;
                    ``(iii) in the case of an assault resulting in 
                bodily injury, imprisoned for not more than 20 years; 
                or
                    ``(iv) in the case of an assault resulting in 
                substantial bodily injury (as that term is defined in 
                section 113), or if a dangerous weapon was used or 
                possessed during and in relation to the offense 
                (including a weapon intended to cause death or danger 
                but that fails to do so by reason of a defective 
                component), imprisoned for not more than 30 years; or
                    ``(C) fined under subparagraph (A) and imprisoned 
                under subparagraph (B).
    ``(b) Law Enforcement Officers and Judges.--
            ``(1) In general.--If the victim of an assault punishable 
        under this section is a Federal law enforcement officer or a 
        United States judge (as those terms are defined in section 
        115)--
                    ``(A) and if the assault resulted in substantial 
                bodily injury (as that term is defined in section 113), 
                the offender shall be punished by a fine under this 
                title and imprisonment for not less 5 years nor more 
                than 30 years; and
                    ``(B) and if the assault resulted in serious bodily 
                injury (as that term is defined in section 2119(2)), or 
                a dangerous weapon was used or possessed during and in 
                relation to the offense, the offender shall be punished 
                by a fine under this title and imprisonment for any 
                term of years not less than 10 or for life.
            ``(2) Imposition of punishment.--Each punishment for 
        criminal conduct described in this subsection shall be in 
        addition to any other punishment for other criminal conduct 
        during the same criminal episode.''.
    (b) Technical and Conforming Amendment.--The table of sections at 
the beginning of chapter 7 of title 18, United States Code, is amended 
by striking the item relating to section 111 and inserting the 
following:

``111. Assaulting or interfering with certain officers or employees.''.

SEC. 4. SPECIAL PENALTIES FOR RETALIATING AGAINST A FEDERAL LAW 
              ENFORCEMENT OFFICER OR FEDERAL JUDGE BY MURDERING OR 
              ASSAULTING A FAMILY MEMBER.

    (a) In General.--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 Federal law 
enforcement officer or a United States judge while that officer or 
judge is engaged in the performance of official duties, with the intent 
to retaliate against that officer or judge or a person who formerly 
served as such an officer or judge on account of the performance of 
official duties, or with the intent to retaliate against an individual 
on account of that individual's current or former status as such an 
officer or judge, 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 in section 1201(f);
            ``(C) in the case of an assault resulting in bodily injury 
        or involving the use or possession of a dangerous weapon during 
        and in relation to the offense, as provided for a comparable 
        offense against a Federal law enforcement officer or United 
        States judge under section 111; and
            ``(D) in the case of any other assault or threat, by a fine 
        under this title and imprisonment for not more than 10 years.
    ``(2) Each punishment for criminal conduct described in this 
subsection shall be in addition to any other punishment for other 
criminal conduct during the same criminal episode.''.
    (b) Technical and Conforming Amendment.--Section 2237(e)(1) of 
title 18, United States Code, is amended by striking ``in section 
115(c)'' and inserting ``in section 115''.

SEC. 5. AUTHORIZATION FOR FEDERAL JUDGES AND FEDERAL PROSECUTORS TO 
              CARRY FIREARMS.

    (a) Authority.--
            (1) 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 those terms are 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 a firearm.
    ``(b) Regulations.--Not later than 180 days after the date of 
enactment of the Daniel Faulkner Law Enforcement Officers and Judges 
Protection Act of 2007, the Attorney General shall promulgate 
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 promulgated after consultation with the Judicial Conference 
of the United States.''.
            (2) Effective date.--Section 3054(a) of title 18, United 
        States Code, as added by paragraph (1), shall take effect 90 
        days after the date on which the Attorney General promulgates 
        regulations under section 3054(b) of title 18, United States 
        Code, as added by paragraph (1).
            (3) Technical and conforming amendment.--The table of 
        sections at the beginning of chapter 203 of title 18, United 
        States Code, is amended by inserting after item relating to 
        section 3053 the following:

``3054. Authority of Federal judges and prosecutors to carry 
                            firearms.''.
    (b) Amendments to Law Enforcement Officer Safety Provisions of 
Title 18.--
            (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 
any department or agency 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'';
                            (ii) by striking paragraphs (4) and (5) and 
                        inserting the following:
            ``(4) during the most recent 12-month period, has met, at 
        the expense of the individual, the standards for qualification 
        in firearms training for active law enforcement officers as set 
        by the former agency of that officer, the State in which that 
        officer resides, or a law enforcement agency within the State 
        in which that officer resides;''; and
                            (iii) by redesignating paragraphs (6) and 
                        (7) as paragraphs (5) and (6), respectively;
                    (B) in subsection (d)--
                            (i) in paragraph (1), by striking ``to meet 
                        the standards established by the agency for 
                        training and qualification for active law 
                        enforcement officers to carry a firearm of the 
                        same type as the concealed firearm'' and 
                        inserting ``to meet the active duty standards 
                        for qualification in firearms training as 
                        established by the agency to carry a firearm of 
                        the same type as the concealed firearm''; and
                            (ii) in paragraph (2)(B), by striking 
                        ``otherwise found by the State'' and all that 
                        follows and inserting ``otherwise found by the 
                        State or a certified firearms instructor that 
                        is qualified to conduct a firearms 
                        qualification test for active duty officers 
                        within that State to have met--
                    ``(i) the active duty standards for qualification 
                in firearms training as established by the State to 
                carry a firearm of the same type as the concealed 
                firearm; or
                    ``(ii) if the State has not established the 
                standards described in clause (i), standards set by any 
                law enforcement agency within that State to carry a 
                firearm of the same type as the concealed firearm.''; 
                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 any department or agency of the Federal Government.''.

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

    (a) In General.--Section 1979 of the Revised States (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 the judicial capacity of that 
        officer, 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 that term is 
        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) 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'' 
and all that follows and inserting the following: ``except that--
            ``(1) in any action brought against a judicial officer for 
        an act or omission taken in the judicial capacity of that 
        officer, such officer shall not be held liable for any costs, 
        including attorneys fees, unless such action was clearly in 
        excess of the jurisdiction of that officer; 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 that term is 
        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.''.

SEC. 7. FEDERAL REVIEW OF STATE CONVICTION FOR MURDER OF A LAW 
              ENFORCEMENT OFFICER OR JUDGE.

    (a) In General.--Section 2254 of title 28, United States Code, is 
amended by adding at the end the following:
    ``(j)(1) 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 (as that 
term is defined in section 1204 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796b)) 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--
            ``(A) the application shall be subject to the time 
        limitations and other requirements under sections 2263, 2264, 
        and 2266; and
            ``(B) the court shall not consider claims relating to 
        sentencing that were adjudicated in a State court.
    ``(2) Sections 2251, 2262, and 2101 are the exclusive sources of 
authority for Federal courts to stay a sentence of death entered by a 
State court in a case described in paragraph (1).''.
    (b) 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 
shall not apply to a proceeding under these rules in a case that is 
described in section 2254(j) of title 28, United States Code.''.
    (c) Finality of Determination.--Section 2244(b)(3)(E) of title 28, 
United States Code, is amended by striking ``the subject of a 
petition'' and all that follows and inserting: ``reheard in the court 
of appeals or reviewed by writ of certiorari.''.
    (d) Effective Date and Applicability.--
            (1) In general.--This section and the amendments made by 
        this section shall apply to any case pending on or after the 
        date of enactment of this Act.
            (2) Time limits.--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 before the date of enactment of this Act, the 
        period of such time limit shall begin on the date of enactment 
        of this Act.
            (3) Exception.--The amendments made by this section shall 
        not bar consideration under section 2266(b)(3)(B) of title 28, 
        United States Code, of an amendment to an application for a 
        writ of habeas corpus that is pending on the date of enactment 
        of this Act, if the amendment to the petition was adjudicated 
        by the court prior to the date of enactment of this Act.
                                 <all>