[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 698 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 698

  To protect prosecutors, judges, law enforcement officers, and their 
                               families.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 10, 2013

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

_______________________________________________________________________

                                 A BILL


 
  To protect prosecutors, judges, law enforcement officers, and their 
                               families.

    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 ``Line of Duty Act of 2013''.

SEC. 2. PROTECTION FOR PROSECUTORS AND JUDGES.

    (a) Modifications to the Community Oriented Policing Services 
Program.--Section 1701(b) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796dd(b)) is amended--
            (1) in paragraph (16), by striking ``and'' at the end;
            (2) by redesignating paragraph (17) as paragraph (18);
            (3) by inserting after paragraph (16) the following:
            ``(18) to train and provide security details for 
        prosecutors and judges, including their immediate families, 
        involved in cases that raise substantial concerns of 
        retaliation or intimidation through violent acts; and''; and
            (4) in paragraph (18), as so redesignated, by striking 
        ``(16)'' and inserting ``(17)''.
    (b) Modifications to the Edward Byrne Memorial Justice Assistance 
Grant Program.--Section 501(a)(1) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3751(a)(1)) is amended 
by adding at the end the following:
                    ``(H) Prosecutorial and judicial security details 
                and programs.''.

SEC. 3. JUSTICE FOR PROSECUTORS, JUDGES, LAW ENFORCEMENT OFFICERS, AND 
              THEIR FAMILIES.

    (a) Killing of Prosecutors, Judges, and Law Enforcement Officers.--
            (1) Offense.--Chapter 51 of title 18, United States Code, 
        is amended by adding at the end the following:
``Sec. 1123. Killing of federally funded prosecutors, judges, and law 
              enforcement officers
    ``(a) Definitions.--In this section--
            ``(1) the terms `Federal law enforcement officer' and 
        `United States judge' have the meanings given those terms in 
        section 115;
            ``(2) the term `federally funded public safety officer' 
        means a public safety officer or judicial officer for a public 
        agency that--
                    ``(A) receives Federal financial assistance; and
                    ``(B) is an agency of an entity that is a State of 
                the United States, the District of Columbia, the 
                Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
                American Samoa, the Commonwealth of the Northern 
                Mariana Islands, or any territory or possession of the 
                United States, an Indian tribe, or a unit of local 
                government of that entity;
            ``(3) 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;
            ``(4) 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;
            ``(5) the term `law enforcement officer' means an 
        individual, with arrest powers, involved in crime or juvenile 
        delinquency control or reduction or enforcement of the laws;
            ``(6) the term `public agency' includes a court system, the 
        National Guard of 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; and
            ``(7) the term `public safety officer' means an individual 
        serving a public agency in an official capacity, as a law 
        enforcement officer, as a firefighter, as a chaplain, or as a 
        member of a rescue squad or ambulance crew.
    ``(b) Offense.--It shall be unlawful for any person to--
            ``(1) kill, or attempt or conspire to kill--
                    ``(A) a United States judge;
                    ``(B) a Federal law enforcement officer; or
                    ``(C) a federally funded public safety officer 
                while that officer is engaged in official duties, or on 
                account of the performance of official duties; or
            ``(2) kill a former United States judge, Federal law 
        enforcement officer, or federally funded public safety officer 
        on account of the past performance of official duties.
    ``(c) Penalty.--Any person that violates subsection (b) shall be 
fined under this title and imprisoned for any term of years not less 
than 30, or for life, or, if death results and the offender is 
prosecuted as a principal, may be sentenced to death.''.
            (2) Clerical amendment.--The table of sections for chapter 
        51 of title 18, United States Code, is amended by adding at the 
        end the following:

``1123. Killing of federally funded prosecutors, judges, and law 
                            enforcement officers.''.
    (b) Fugitives From Justice.--
            (1) Offense.--Chapter 49 of title 18, United States Code, 
        is amended by adding at the end the following:
``Sec. 1075. Flight to avoid prosecution for killing prosecutors, 
              judges, and law enforcement officials
    ``(a) Offense.--It shall be unlawful for any person to move or 
travel in interstate or foreign commerce with intent to avoid 
prosecution, or custody or confinement after conviction, under the laws 
of the place from which the person flees or under section 1114 or 1123, 
for a crime consisting of the killing, an attempted killing, or a 
conspiracy to kill a Federal judge or Federal law enforcement officer 
(as those terms are defined in section 115), or a federally funded 
public safety officer (as that term is defined in section 1123).
    ``(b) Penalty.--Any person that violates subsection (a) shall be 
fined under this title and imprisoned for any term of years not less 
than 10, in addition to any other term of imprisonment for any other 
offense relating to the conduct described in subsection (a).''.
            (2) Clerical amendment.--The table of sections for chapter 
        49 of title 18, United States Code, is amended by adding at the 
        end the following:

``1075. Flight to avoid prosecution for killing prosecutors, judges, 
                            and law enforcement officials.''.
    (c) Aggravating Factors for Homicide.--Section 3592(c) of title 18, 
United States Code, is amended by inserting after paragraph (16) the 
following:
            ``(17) Killing of a prosecutor, judge, law enforcement 
        officer, or first responder.--The defendant killed or attempted 
        to kill a person who is authorized by law--
                    ``(A) to engage in or supervise the prevention, 
                detention, or investigation of any criminal violation 
                of law;
                    ``(B) to arrest, prosecute, or adjudicate an 
                individual for any criminal violation of law; or
                    ``(C) to be a firefighter or other first 
                responder.''.
    (d) Federal Review of State Conviction for Murder of a Law 
Enforcement Officer or Judge.--
            (1) 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 performance of official duties by or 
status as a public safety officer or judge of the 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).''.
            (2) 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.''.
            (3) 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.''.
            (4) Effective date and applicability.--
                    (A) 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.
                    (B) 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.
                    (C) 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.
    (e) Special Penalties for Assaulting a Federal Prosecutor, Judge, 
or Law Enforcement Officer.--
            (1) 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 for any person 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 the current or former status of the 
                individual 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.--
                    ``(A) Substantial bodily injury.--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) and 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.
                    ``(B) Serious bodily injury.--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) and 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.''.
            (2) Technical and conforming amendment.--The table of 
        sections for 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.''.
    (f) Special Penalties for Retaliating Against a Federal Prosecutor, 
Judge, or Law Enforcement Officer by Murdering or Assaulting a Family 
Member.--
            (1) In general.--Section 115 of title 18, United States 
        Code, is amended--
                    (A) by redesignating subsections (c) and (d) as 
                subsections (d) and (e), respectively; and
                    (B) 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 the current or former status of the individual 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(1);
            ``(B) in the case of kidnapping, attempted kidnapping, or 
        conspiracy to kidnap, as provided in section 1201(a);
            ``(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.''.
            (2) Technical and conforming amendments.--
                    (A) Section 119(b)(4) of title 18, United States 
                Code, is amended by striking ``section 115(c)(2)'' and 
                inserting ``section 115''.
                    (B) Section 2237(e)(1) of title 18, United States 
                Code, is amended by striking ``in section 115(c)'' and 
                inserting ``in section 115''.
                    (C) Section 5(a) of the Act entitled ``An Act to 
                promote the development of Indian arts and crafts and 
                to create a board to assist therein, and for other 
                purposes'' (25 U.S.C. 305d) is amended by striking ``in 
                section 115(c)'' and inserting ``in section 115''.

SEC. 4. SELF-DEFENSE RIGHTS FOR PROSECUTORS, JUDGES, AND LAW 
              ENFORCEMENT OFFICERS.

    (a) In General.--Chapter 203 of title 18, United States Code, is 
amended by inserting after section 3053 the following:
``Sec. 3054. Authority of judges, prosecutors, and law enforcement 
              officers to carry firearms
    ``Subject to such regulations as the Attorney General shall 
prescribe regarding training and proficiency in the use of firearms, 
any officer, agent, or employee of the United States, a State, or a 
political subdivision thereof, who is authorized by law to engage in or 
supervise the prevention, detection, investigation, prosecution, or 
adjudication of any violation of law may carry firearms. Such authority 
to carry firearms shall extend, but not be limited to presence within 
any building or structure classified as a Federal facility or Federal 
court facility, as those terms are defined under section 930, and any 
grounds appurtenant to such a facility, where such possession is 
otherwise authorized by law and incident to the lawful performance of 
the official duties of that person.''.
    (b) Carrying of Concealed Firearms by Qualified Law Enforcement 
Officers.--Section 926B(e)(2) of title 18, United States Code, is 
amended by inserting ``any magazine and'' after ``includes''.
    (c) Carrying of Concealed Firearms by Qualified Retired Law 
Enforcement Officers.--Section 926C(e)(1)(B) of title 18, United States 
Code, is amended by inserting ``any magazine and'' after ``includes''.
    (d) School Zones.--Section 922(q)(2)(B)(vi) title 18, United States 
Code, is amended by inserting ``, a qualified law enforcement officer 
(as defined in section 926B(c)), or a qualified retired law enforcement 
officer (as defined in section 926C(c))'' before the semicolon.
    (e) Regulations Required.--Not later than 60 days after the date of 
enactment of this Act, the Attorney General shall promulgate 
regulations allowing persons described in section 3054 of title 18, 
United States Code, to possess firearms in a manner described by that 
section. With respect to Federal justices, judges, bankruptcy judges, 
and magistrate judges, such regulations shall be prescribed after 
consultation with the Judicial Conference of the United States.
    (f) Technical and Conforming 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 judges, prosecutors, and law enforcement officers 
                            to carry firearms.''.

SEC. 5. 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 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 any 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 may not award 
        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 any 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. 6. SELF-DEFENSE RIGHTS FOR FEDERAL CORRECTIONAL WORKERS.

    (a) In General.--Chapter 303 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4049. Secure firearms storage for Federal correctional workers
    ``The Director of the Bureau of Prisons shall ensure that each 
Federal penal or correctional institution provides a secure firearms 
storage area for use by all persons employed by the Bureau of Prisons 
at the institution who are authorized to carry a firearm, or allow such 
persons to store firearms in a vehicle lockbox approved by the 
Director.''.
    (b) Clerical Amendment.--The table of sections for chapter 303 of 
title 18, United States Code, is amended by adding at the end the 
following:

``4049. Secure firearms storage for Federal correctional workers.''.
                                 <all>