[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3545 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 3545

      To protect Federal, State, and local public safety officers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 9, 2016

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

_______________________________________________________________________

                                 A BILL


 
      To protect Federal, State, and local public safety officers.

    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 ``Protect Our Heroes Act of 2016''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Law enforcement officers, first responders, and public 
        safety officials risk their lives every day to serve and 
        protect our neighborhoods and communities.
            (2) These men and women are true public servants who 
        regularly sacrifice and encounter grave daily harm.
            (3) The families of law enforcement officers, first 
        responders, and public safety officials also sacrifice and 
        contribute to their roles as guardians of the public good.
            (4) In recent times, it has become apparent that these 
        women and men are being targeted intentionally by criminals in 
        our society.
            (5) Congress must do all it can to promote a system of law 
        and order which enables law enforcement officers, first 
        responders, and public safety officials to properly do their 
        jobs.

SEC. 3. PROTECTION OF PUBLIC SAFETY OFFICERS.

    (a) Killing of Public Safety Officers.--
            (1) Offense.--Chapter 51 of title 18, United States Code, 
        is amended by adding at the end the following:
``Sec. 1123. Killing of public safety 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 officially 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.--
            ``(1) In general.--Any person that violates subsection (b) 
        shall be fined under this title and imprisoned for not less 
        than 10 years or for life, or, if death results, shall be 
        sentenced to not less than 30 years and not more than life, or 
        may be punished by death.
            ``(2) Enhanced penalty.--Any person that, in the commission 
        of a violation of subsection (b), lures a public safety officer 
        to a location for the purpose of killing, or attempting to 
        kill, the public safety officer shall, in addition to a penalty 
        under paragraph (1), be fined under this title and imprisoned 
        for not less than 5 years.''.
            (2) Table of sections.--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 public safety officers.''.
    (b) Assault of Public Safety Officers.--
            (1) Offense.--Chapter 7 of title 18, United States Code, is 
        amended by adding at the end the following:
``Sec. 120. Assaults of public safety officers
    ``(a) Definitions.--In this section--
            ``(1) 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;
            ``(2) the term `firefighter' includes an individual serving 
        as an officially 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;
            ``(3) 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;
            ``(4) 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;
            ``(5) 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
            ``(6) 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 to assault, or attempt to 
assault, a federally funded public safety officer while engaged in or 
on account of the performance of official duties, or assaults any 
person who formerly served as a federally funded public safety officer 
on account of the performance of such person's official duties during 
such service, or because of the actual or perceived status of the 
person as a federally funded public safety officer.
    ``(c) Penalty.--
            ``(1) In general.--Any person that violates subsection (b) 
        shall be subject to a fine under this title and--
                    ``(A) if the assault resulted in bodily injury (as 
                defined in section 1365), shall be imprisoned not less 
                than 2 years and not more than 10 years;
                    ``(B) if the assault resulted in substantial bodily 
                injury (as defined in section 113), shall be imprisoned 
                not less than 5 years and not more than 20 years;
                    ``(C) if the assault resulted in serious bodily 
                injury (as defined in section 1365), shall be 
                imprisoned for not less than 10 years;
                    ``(D) if a deadly or dangerous weapon was used 
                during and in relation to the assault, shall be 
                imprisoned for not less than 20 years; and
                    ``(E) shall be imprisoned for not more than 1 year 
                in any other case.
            ``(2) Enhanced penalty.--Any person that, in the commission 
        of a violation of subsection (b), lures a public safety officer 
        to a location for the purpose of assaulting, or attempting to 
        assault, the public safety officer shall, in addition to a 
        penalty under paragraph (1), be fined under this title and 
        imprisoned for not less than 5 years.''.
            (2) Table of sections.--The table of sections for chapter 7 
        of title 18, United States Code, is amended by adding at the 
        end the following:

``120. Assaults of public safety officers.''.
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