“A bill to protect law enforcement officers, and for other purposes.”
No CRS summary available for this bill.
This section establishes two new federal offenses in title 18, United States Code. **First**, it adds §1123 to chapter 51, making it unlawful to kill, or attempt or conspire to kill, a United States judge, federal law enforcement officer, or federally funded public safety officer (i.e., public safety officers serving agencies of states, localities, tribes, or territories that receive federal financial assistance, including firefighters, judicial officers, chaplains, and rescue/ambulance personnel) while engaged in or on account of official duties, or to kill a former such officer on account of past duties. Violations are punishable by a fine, imprisonment for not less than 10 years or life, or—if death results—imprisonment for not less than 30 years to life or death. **Second**, it adds §120 to chapter 7, making it unlawful to assault a federally funded state or local law enforcement officer (i.e., police, corrections, probation, or parole officers of state or District of Columbia public agencies receiving federal financial assistance) while engaged in or on account of official duties, a former such officer on account of past duties, or due to actual or perceived status as such an officer. Penalties include a fine and imprisonment of (1) not less than 2 years and not more than 10 years if bodily injury results; (2) not less than 5 years and not more than 20 years if substantial bodily injury results; (3) not less than 10 years if serious bodily injury results; (4) not less than 20 years if a deadly or dangerous weapon is used; or (5) not more than 1 year in other cases. Federal prosecution requires Attorney General certification that the state lacks jurisdiction, has requested federal assumption of jurisdiction, or that it is in the public interest and necessary for substantial justice (based on state verdict/sentence, planning, intended outcome, disregard for life, and public safety benefits).
This section establishes a new aggravating factor in federal death penalty cases for the killing or attempted killing of a law enforcement officer, prosecutor, judge, or first responder (i.e., a person authorized by law to engage in or supervise the prevention, detention, or investigation of criminal violations; to arrest, prosecute, or adjudicate criminal violations; or to serve as a firefighter or other first responder).
This section limits federal habeas corpus relief under 28 U.S.C. §2254 for state convictions involving the killing of a public safety officer (as defined in 34 U.S.C. §10284, i.e., law enforcement officers, firefighters, corrections officers, and similar personnel) or a judge while engaged in the performance of official duties or on account of such duties or status. Specifically, it (1) adds §2254(j), subjecting such applications to the strict timelines of §2263 (generally one year from final state judgment), filing and scope requirements of §2264, and evidentiary hearing limits of §2266, while barring consideration of sentencing claims adjudicated in state court, and designating §§2251, 2262, and 2101 as the exclusive bases for federal courts to stay state death sentences; (2) amends Rule 11 of the Rules Governing §2254 Cases to bar application of Federal Rule of Civil Procedure 60(b)(6) (i.e., relief for any other reason) in these cases; and (3) revises §2244(b)(3)(E) to establish finality of successive habeas petition authorizations upon rehearing in the court of appeals or Supreme Court certiorari review (from prior broader language). The amendments apply to cases pending on or after enactment, restart pre-enactment time limits on enactment date, and except certain pre-enactment adjudicated petition amendments under §2266(b)(3)(B).
This section amends 42 U.S.C. 1983 to limit damages to necessary out-of-pocket expenditures and other monetary loss and 42 U.S.C. 1988(b) to prohibit attorney’s fees in actions seeking redress for deprivations incurred in the course of, as a result of, or related to conduct by the injured party that, more likely than not, constituted a felony or crime of violence (as defined in 18 U.S.C. 16)—including deprivations during arrest or apprehension for, or investigation, prosecution, or adjudication of, such conduct. (42 U.S.C. 1983 authorizes civil suits against state and local officials for constitutional violations under color of law.)
This section inserts a new section 3054 into 18 U.S.C. Chapter 203 authorizing any sworn federal, state, or local officer, agent, or employee authorized to engage in or supervise law enforcement activities or inmate safety to carry firearms if authorized by law to do so, including possession incident to depositing a firearm in secure storage areas of federal facilities or court facilities (as defined in 18 U.S.C. §930). It further (1) amends the Law Enforcement Officers Safety Act (LEOSA), at 18 U.S.C. §§926B(e)(2) and 926C(e)(1)(B), to expand the definition of concealed firearm to explicitly include any magazine; (2) amends the gun-free school zones law, at 18 U.S.C. §922(q)(2)(B)(vi), to except qualified law enforcement officers (as defined in §926B) and qualified retired law enforcement officers (as defined in §926C); (3) requires the Attorney General to promulgate related regulations within 60 days of enactment, after consulting the Judicial Conference of the United States with respect to federal judges; (4) amends federal facilities firearms prohibitions, at 18 U.S.C. §930(d), to except possession by qualified active or retired officers in Facility Security Level I or II civilian public access facilities; and (5) makes conforming changes to the chapter table of sections and §930(g) definitions.