To amend title 18, United States Code, to provide expanded protections against the misuse of public safety officer uniforms, and for other purposes.

February 11, 2004

Ms. SLAUGHTER (for herself and Mr. HOUGHTON) introduced the following bill; which was referred to the Committee on the Judiciary

To amend title 18, United States Code, to provide expanded protections against the misuse of public safety officer uniforms, 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 `Badge and Uniform Security and Trustworthiness Act of 2003'.

SEC. 2. PUBLIC SAFETY OFFICER UNIFORMS.

(a) In General- Section 716 of title 18, United States Code, is amended--

(1) by striking `police badge' each place it appears in subsections (a) and (b) and inserting `public safety officer insignia or article of clothing';

(2) in each of paragraphs (2) and (4) of subsection (a), by striking `badge of the police' and inserting `public safety officer insignia or article of clothing';

(3) in subsection (b)--

(A) by striking `the badge' and inserting `the insignia or article of clothing'; and

(B) by striking paragraphs (2) and (4);

(4) so that subsection (c) reads as follows:

`(c) As used in this section--

`(1) the term `genuine public safety officer insignia or article of clothing' means an article of distinctive clothing or insignia, including a badge, emblem or identification card, that is an indicium of the authority of a public safety officer;

`(2) the term `public safety officer' means any officer or employee of a Federal law enforcement agency or of any State, or local law enforcement agency; and

`(3) the term `Federal law enforcement agency' means the Bureau of Citizenship and Immigration Services, the Bureau of Customs and Border Protection, the Bureau of Immigration and Customs Enforcement, the Transportation Safety Agency, the Federal Bureau of Investigation, the Drug Enforcement Administration, the Secret Service, the Coast Guard, the Bureau of Alcohol, Tobacco, and Firearms, the Federal Marshal Service, the United States Park Police, the United States Capitol Police, and any other Federal entity determined to be a law enforcement agency by the Attorney General or the Secretary of Homeland Security.'; and

(5) in the heading for the section, by striking `Police badges' and inserting `Public safety officer insignia and clothing'.

(b) Conforming Amendment to Table of Sections- The item in the table of sections at the beginning of chapter 33 of title 18, United States Code, relating to section 716 is amended by striking `Police badges' and inserting `Public safety officer insignia and clothing'.

SEC. 3. DIRECTION TO SENTENCING COMMISSION.

The United States Sentencing Commission is directed to make appropriate amendments to sentencing guidelines, policy statements, and official commentary to assure that the sentence imposed on a defendant who is convicted of a Federal offense while wearing or displaying public safety officer insignia and clothing received in violation of section 716 of title 18. United States Code, reflects the gravity of this aggravating factor.

END