[Congressional Record (Bound Edition), Volume 151 (2005), Part 16]
[House]
[Page 21331]
[From the U.S. Government Publishing Office, www.gpo.gov]




               THE JUSTICE FOR PEACE OFFICERS ACT OF 2005

  Mr. DREIER. Mr. Speaker, on April 29 of 2002, Los Angeles County 
Sheriff's Deputy David March was brutally slain execution-style during 
a routine traffic stop. Suspect Armando Garcia, an illegal immigrant, 
fled to Mexico within hours of Deputy March's murder and has avoided 
prosecution by U.S. authorities for over 3 years.
  Mexico's refusal to extradite individuals who may face the death 
penalty or life imprisonment has hindered efforts to bring Armando 
Garcia back to the United States to face prosecution for his crime. The 
same border that Garcia illegally crossed to enter our country now 
serves as a wall of protection for him. This is an outrage. It is an 
unspeakable injustice to the loved ones of David March, and to all of 
the men and women who risk their lives each day so that we can live in 
safety.
  When our peace officers patrol their beats, keep an eye on our 
neighborhoods and police the streets, they are walking the line, 
selflessly enforcing our laws and keeping our communities safe. When 
the very laws they have a duty to uphold are abused by fleeing 
murderers, justice is denied, the security of peace officers is placed 
in jeopardy, and the rule of law on which our great Nation is based is 
weakened.
  Over the last 3 years, I have joined many of my colleagues in efforts 
to see that Armando Garcia and other fugitives accused in killings on 
our soil are returned to the United States to face justice. We have met 
with officials from the Department of Justice and the Department of 
State. We have urged President Bush to call for aggressive action to 
change Mexico's extradition policy. I have met with President Fox and 
other high officials of the Mexican government, including their Supreme 
Court, in an effort to impress upon our neighbor that its extradition 
policy is intolerable. However, 3 years later, Armando Garcia and 
thousands of other fugitives still are beyond the grasp of our legal 
system.
  Recently, in a potentially critical turning point, the Mexican 
Supreme Court issued a decision that allowed consecutive prison terms 
for certain murders. This could have the effect of recognizing that 
life imprisonment does not constitute cruel and unusual punishment, a 
position previously held by the Mexican Supreme Court, as I said. Amid 
sensitive talks and signs of progress, I remain committed to working 
with the administration to bring Deputy March's murderer to justice. 
But until that is achieved, Congress has a duty to take action to 
ensure that what happened to Deputy March never happens again.
  It was at the urging of Los Angeles County Sheriff Lee Baca that my 
friend from Pasadena (Mr. Schiff) and I introduced H.R. 2363, the Peace 
Officer Justice Act, to make it a Federal crime to kill a peace officer 
and flee the country to avoid prosecution. This bill ensures that 
criminals who murder law enforcement officials and escape to another 
country will have the full weight of the Federal Government on their 
trail. This legislation is supported by the Fraternal Order of Police, 
the National Sheriffs Association and Roy Burns, president of the 
Association of Los Angeles Deputy Sheriffs. After we introduced the 
bill, Mr. Speaker, Los Angeles County District Attorney Steve Cooley 
voiced concerns to me with several of its provisions. Specifically, he 
believed that making such a crime a violation of Federal law would 
provide exclusive jurisdiction for the Federal Government to pursue a 
cop-killer who flees the country.
  I have reached out to Mr. Cooley on numerous occasions for 
suggestions on how to improve the bill. Having addressed every single 
issue that the District Attorney raised, I, along with the gentleman 
from Pasadena, am reintroducing this legislation. It is now going to be 
called the Justice for Peace Officers Act. Thanks to the input from Mr. 
Cooley, this is a stronger, better and more aggressive bill.
  This bill makes it a Federal crime to kill a peace officer and flee 
the country. And it makes the crime for first degree murder punishable 
by the death penalty or life imprisonment. The bill also goes a step 
further by making murder in the second degree punishable by a mandatory 
minimum of 30 years in prison or life imprisonment.
  This legislation raises the penalty for those who help cop-killers 
flee the country from a maximum of 15 years in prison to a mandatory 
minimum sentence of 15 years behind bars.
  Mr. Speaker, it will always be our preference for State and local 
prosecutors to go after cop-killers. Police keep our local communities 
safe and local prosecutors should have primary jurisdiction over these 
cases. That is why we included language to give priority to local 
prosecutors, and we have made clear that nothing in this bill would 
supersede that authority. In addition, the penalty under the bill would 
be a consecutive sentence to any other State or Federal punishment. 
This provision would ensure that any punishment on the local level 
would be enhanced by an additional Federal sentence.
  Finally, we firmly believe that the Bush administration should use 
all tools available to bring about a change in Mexico's extradition 
policy. We included a provision directing the Secretary of State to 
enter into formal discussions with the Mexican government on the U.S.-
Mexico extradition treaty.
  Mr. Speaker, this legislation sends a powerful message to Mexico and 
any other country that refuses to extradite a fugitive cop-killer. It 
shows that the United States Congress considers this a crime against 
America. Passage of this bill will ensure that perpetrators of these 
heinous crimes will be brought to justice.
  I urge my colleagues to join with us in cosponsoring this very 
important measure.

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