[Congressional Record Volume 143, Number 157 (Sunday, November 9, 1997)]
[Senate]
[Pages S12421-S12422]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FEDERAL JUDICIARY PROTECTION ACT OF 1997
Mr. SESSIONS. I ask unanimous consent that the Senate proceed to the
immediate consideration of Calendar No. 203, S. 1189.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
A bill (S. 1189) to increase the criminal penalties for
assaulting or threatening Federal judges, their family
members, and other public servants, and for other purposes.
The PRESIDING OFFICER. Is there objection to the immediate
consideration of the bill?
There being no objection, the Senate proceeded to consider the bill.
Amendment No. 1624
(Purpose: To increase the maximum term of imprisonment for assaulting,
resisting, or impeding certain officers or employees)
Mr. SESSIONS. There is an amendment at the desk submitted by Senator
Feinstein, and I ask for its consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Alabama [Mr. Sessions], for Mrs.
Feinstein, proposes an amendment numbered 1624.
Mr. SESSIONS. I ask unanimous consent reading of the amendment be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
On page 2, line 6, strike ``8'' and insert ``12''.
Mr. SESSIONS. I ask unanimous consent the amendment be agreed to.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 1624) was agreed to.
Mr. LEAHY. Mr. President, I delighted that the Senate is about to
pass the Federal Judiciary Protection Act of 1997, S. 1189. I am a
proud cosponsor of this legislation.
This legislation would provide greater protection to Federal judges,
law enforcement officers and their families. Specifically, our
legislation would: increase the maximum prison term for forcible
assaults, resistance, opposition, intimidation or interference with a
Federal judge or law enforcement officer from 3 years imprisonment to 8
years; increase the maximum prison term for use of a deadly weapon or
infliction of bodily injury against a Federal judge or law enforcement
officer from 10 years imprisonment to 20 years; and increase the
maximum prison term for threatening murder or kidnaping of a member of
the immediate family of a Federal judge or law enforcement officer from
5 years imprisonment to 10 years. It has the support of the Department
of Justice, the United States Judicial Conference, the United States
Sentencing Commission and the United States Marshal Service.
It is most troubling that the greatest democracy in the world needs
this legislation to protect the hard working men and women who serve in
our Federal judiciary and other law enforcement agencies. But,
unfortunately, we are seeing more violence and threats of violence
against officials of our Federal government.
Earlier this year, for example, a courtroom in Urbana, Illinois was
firebombed, apparently by a disgruntled litigant. This follows the
horrible tragedy of the bombing of the federal office building in
Oklahoma City two years ago. More recently in my home state, a Vermont
border patrol officer, John Pfeiffer, was seriously wounded by Carl
Drega, during a shootout with Vermont and New Hampshire law enforcement
officers in which Drega lost his life. Earlier that day, Drega shot and
killed two state troopers and a local judge in New Hampshire.
Apparently, Drega was bent on settling a grudge against the judge who
had ruled against him in a land dispute.
I had a chance to visit John Pfeiffer in the hospital and met his
wife and young daughter. Thankfully, Agent Pfeiffer has returned to
work along the Vermont border. As a federal law enforcement officer,
Agent Pfeiffer and his family will receive greater protection under our
bill.
There is, of course, no excuse or justification for someone taking
the law into their own hands and attacking or threatening a judge or
law enforcement officer. Still, the U.S. Marshal Service is concerned
with more and more threats of harm to our judges and law enforcement
officers.
The extreme rhetoric that some are using to attack the judiciary only
feeds into this hysteria. For example, one of the Republican leaders in
the House of Representatives was recently quoted as saying: ``The
judges need to be intimidated,'' and if they do not behave, ``we're
going to go after them in a big way.'' I know that House Republican
Whip Tom DeLay was not intending to encourage violence against any
Federal official, but this extreme rhetoric only serves to degrade
Federal judges in the eyes of the public.
Let none of us in the Congress contribute to the atmosphere of hate
and violence. Let us treat the judicial branch and those who serve
within it with the respect that is essential to its preserving its
public standing.
We have the greatest judicial system in the world, the envy of people
and countries around the world that are struggling for freedom. It is
the independence of our third, co-equal branch of government that gives
it the ability to act fairly and impartially. It is our judiciary that
has for so long protected our fundamental rights and freedoms and
served as a necessary check on overreaching by the other two branches,
those more susceptible to the gusts of the political winds of the
moment.
We are fortunate to have dedicated women and men throughout the
Federal Judiciary and law enforcement in this country who do a
tremendous job under difficult circumstances. They are examples of the
hard-working public servants that make up the federal government, who
are too often maligned and unfairly disparaged. It is unfortunate that
it takes acts or threats of violence to put a human face on the Federal
Judiciary and other law enforcement officials, to remind everyone that
these are people with children and parents and cousins and friends.
They deserve our respect and our protection.
[[Page S12422]]
Mr. SESSIONS. I ask unanimous consent that the bill, as amended, be
deemed read the third time and passed, the motion to reconsider be laid
upon the table, and that any statements relating to the bill be printed
in the Record.
The bill (S. 1189), as amended, was deemed read the third time and
passed, as follows:
S. 1189
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 ``Federal Judiciary Protection
Act of 1997''.
SEC. 2. ASSAULTING, RESISTING, OR IMPEDING CERTAIN OFFICERS
OR EMPLOYEES.
Section 111 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``three'' and inserting
``12''; and
(2) in subsection (b), by striking ``ten'' and inserting
``20''.
SEC. 3. INFLUENCING, IMPEDING, OR RETALIATING AGAINST A
FEDERAL OFFICIAL BY THREATENING OR INJURING A
FAMILY MEMBER.
Section 115(b)(4) of title 18, United States Code, is
amended--
(1) by striking ``five'' and inserting ``10''; and
(2) by striking ``three'' and inserting ``6''.
SEC. 4. MAILING THREATENING COMMUNICATIONS.
Section 876 of title 18, United States Code, is amended--
(1) by designating the first 4 undesignated paragraphs as
subsections (a) through (d), respectively;
(2) in subsection (c), as so designated, by adding at the
end the following: ``If such a communication is addressed to
a United States judge, a Federal law enforcement officer, or
an official who is covered by section 1114, the individual
shall be fined under this title, imprisoned not more than 10
years, or both.''; and
(3) in subsection (d), as so designated, by adding at the
end the following: ``If such a communication is addressed to
a United States judge, a Federal law enforcement officer, or
an official who is covered by section 1114, the individual
shall be fined under this title, imprisoned not more than 10
years, or both.''.
SEC. 5. AMENDMENT OF THE SENTENCING GUIDELINES FOR ASSAULTS
AND THREATS AGAINST FEDERAL JUDGES AND CERTAIN
OTHER FEDERAL OFFICIALS AND EMPLOYEES.
(a) In General.--Pursuant to its authority under section
994 of title 28, United States Code, the United States
Sentencing Commission shall review and amend the Federal
sentencing guidelines and the policy statements of the
commission, if appropriate, to provide an appropriate
sentencing enhancement for offenses involving influencing,
assaulting, resisting, impeding, retaliating against, or
threatening a Federal judge, magistrate judge, or any other
official described in section 111 or 115 of title 18, United
States Code.
(b) Factors for Consideration.--In carrying out this
section, the United States Sentencing Commission shall
consider, with respect to each offense described in
subsection (a)--
(1) any expression of congressional intent regarding the
appropriate penalties for the offense;
(2) the range of conduct covered by the offense;
(3) the existing sentences for the offense;
(4) the extent to which sentencing enhancements within the
Federal sentencing guidelines and the court's authority to
impose a sentence in excess of the applicable guideline range
are adequate to ensure punishment at or near the maximum
penalty for the most egregious conduct covered by the
offense;
(5) the extent to which Federal sentencing guideline
sentences for the offense have been constrained by statutory
maximum penalties;
(6) the extent to which Federal sentencing guidelines for
the offense adequately achieve the purposes of sentencing as
set forth in section 3553(a)(2) of title 18, United States
Code;
(7) the relationship of Federal sentencing guidelines for
the offense to the Federal sentencing guidelines for other
offenses of comparable seriousness; and
(8) any other factors that the Commission considers to be
appropriate.
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