[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4760 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 4760
To make an attack on a police officer a hate crime, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 16, 2016
Mr. Buck (for himself, Mr. Gowdy, Mr. Sessions, Mr. Chaffetz, and Mr.
Ratcliffe) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To make an attack on a police officer a hate crime, 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 ``Blue Lives Matter Act of 2016''.
SEC. 2. HATE CRIME AGAINST POLICE OFFICERS.
(a) In General.--Chapter 13 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 250. Hate crimes against police officers
``(a) In General.--Whoever, in any circumstance described in
section 249(a)(2)(B) of this title, knowingly causes bodily injury to
any person, or attempts to do so, because of the actual or perceived
status of the person as a police officer--
``(1) shall be imprisoned not more than 10 years, fined in
accordance with this title, or both; and
``(2) shall be imprisoned for any term of years or for
life, fined in accordance with this title, or both, if--
``(A) death results from the offense; or
``(B) the offense includes kidnapping or an attempt
to kidnap, aggravated sexual abuse or an attempt to
commit aggravated sexual abuse, or an attempt to kill.
``(b) Certification Requirement.--
``(1) In general.--No prosecution of any offense described
in this section may be undertaken by the United States, except
under the certification in writing of the Attorney General, or
a designee, that--
``(A) the State does not have jurisdiction;
``(B) the State has requested that the Federal
Government assume jurisdiction;
``(C) the verdict or sentence obtained pursuant to
State charges left demonstratively unvindicated the
Federal interest in eradicating bias-motivated
violence; or
``(D) a prosecution by the United States is in the
public interest and necessary to secure substantial
justice.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to limit the authority of Federal officers,
or a Federal grand jury, to investigate possible violations of
this section.
``(c) Guidelines.--All prosecutions conducted by the United States
under this section shall be undertaken pursuant to guidelines issued by
the Attorney General, or the designee of the Attorney General, to be
included in the United States Attorneys' Manual that shall establish
neutral and objective criteria for determining whether a crime was
committed because of the actual or perceived status of any person.
``(d) Statute of Limitations.--
``(1) Offenses not resulting in death.--Except as provided
in paragraph (2), no person shall be prosecuted, tried, or
punished for any offense under this section unless the
indictment for such offense is found, or the information for
such offense is instituted, not later than 7 years after the
date on which the offense was committed.
``(2) Offenses resulting in death.--An indictment or
information alleging that an offense under this section
resulted in death may be found or instituted at any time
without limitation.
``(e) Definitions.--In this section:
``(1) Police officer.--The term `police officer' means any
officer or employee of the United States, any State, or any
political subdivision of a State, while engaged in the
enforcement or prosecution of any of the criminal laws of the
United States, a State, or any political subdivision of a
State.
``(2) State.--The term `State' includes the District of
Columbia, Puerto Rico, and any other territory or possession of
the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``250. Hate crimes against police officers.''.
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