II 110th CONGRESS 1st Session S. 1235 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.
1.
Short title
This Act may be cited as the Daniel Faulkner Law Enforcement Officers and Judges Protection Act of 2007.
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. .
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:
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. .
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.
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:
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. .
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. .
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.