[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 866 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 866

     To provide an exception to certain mandatory minimum sentence 
   requirements for a law enforcement officer who uses, carries, or 
   possesses a firearm during and in relation to a crime of violence 
          committed while pursuing or apprehending a suspect.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 2009

   Mr. Brady of Texas (for himself, Mr. Bilbray, Mr. Culberson, Mr. 
   Rohrabacher, Mr. McCaul, Mr. Marchant, Mr. Latta, Mr. Gingrey of 
Georgia, Mr. Gohmert, Mr. Franks of Arizona, Mr. Broun of Georgia, Mr. 
  Harper, Mr. Burton of Indiana, Mr. Kingston, and Mr. Sam Johnson of 
    Texas) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To provide an exception to certain mandatory minimum sentence 
   requirements for a law enforcement officer who uses, carries, or 
   possesses a firearm during and in relation to a crime of violence 
          committed while pursuing or apprehending a suspect.

    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 ``Law Enforcement Protection Act''.

SEC. 2. EXCEPTION TO CERTAIN MANDATORY MINIMUM SENTENCING REQUIREMENTS 
              FOR A LAW ENFORCEMENT OFFICER WHO USES, CARRIES, OR 
              POSSESSES A FIREARM DURING AND IN RELATION TO A CRIME OF 
              VIOLENCE COMMITTED WHILE PURSUING OR APPREHENDING A 
              SUSPECT.

    Section 924(c)(1) of title 18, United States Code, is amended by 
redesignating subparagraphs (B) through (D) as subparagraphs (C) 
through (E), respectively, and inserting after subparagraph (A) the 
following:
    ``(B) The minimum sentencing requirements of subparagraph (A) shall 
not apply if--
            ``(i) at the time the person used, carried, or possessed 
        the firearm, the person was a law enforcement officer 
        authorized to carry the firearm;
            ``(ii) the offense under this paragraph occurred while the 
        person was on-duty, and during or in relation to the pursuit or 
        apprehension of an individual who the person reasonably 
        believed had committed a crime; and
            ``(iii) the crime committed by the person during and in 
        relation to which the offense under this paragraph occurred is 
        a crime of violence.''.
                                 <all>