HR 2325 - Court and Law Enforcement Officers Protection Act of 2007

HR 2325

110th CONGRESS
1st Session

H. R. 2325

To provide adequate penalties for crimes committed against United States judges and Federal law enforcement officers, to provide appropriate security for judges and law enforcement officers, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

May 15, 2007

Mr. GOHMERT (for himself, Mr. SMITH of Texas, and Mr. FORBES) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

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 `Court and Law Enforcement Officers Protection Act of 2007'.

SEC. 2. SPECIAL PENALTIES FOR MURDER, KIDNAPPING, AND RELATED CRIMES AGAINST FEDERAL JUDGES AND FEDERAL LAW ENFORCEMENT OFFICERS.

(a) Murder- Section 1114 of title 18, United States Code, is amended--

(1) by inserting `(a)' before `Whoever'; and

(2) by adding at the end the following:

`(b) If the victim of an offense punishable under this section is a United States judge or a Federal law enforcement officer (as those terms are defined in section 115) the offender shall be punished by--

`(1) a fine under this title; and

`(2)(A) in the case of murder, attempted murder, or conspiracy to murder, imprisonment for any term of years not less than 30 years, or for life, or, if death results, may be sentenced to death;

`(B) in the case of voluntary manslaughter, imprisonment for a term of years not less than 15 years nor more than 40 years; and

`(C) in the case of involuntary manslaughter, imprisonment for a term of years not less than 3 years nor more than 15 years.'.

(b) Kidnapping- Section 1201(a) of title 18, United States Code, is amended by adding at the end the following: `If the victim of the offense punishable under this subsection is a United States judge or a Federal law enforcement officer (as those terms are defined in section 115) the offender shall be punished by a fine under this title and imprisonment for any term of years not less than 30 years, or for life, or, if death results, may be sentenced to death.'.

SEC. 3. AUTHORITY OF FEDERAL JUDGES AND PROSECUTORS TO CARRY FIREARMS.

(a) In General- Chapter 203 of title 18, United States Code, is amended by inserting after section 3053 the following:

`Sec. 3054. Authority of Federal judges and prosecutors to carry firearms

`(a) In General- Any justice of the United States or judge of the United States (as defined in section 451 of title 28), any judge of a court created under article I of the United States Constitution, any bankruptcy judge, any magistrate judge, any United States attorney, and any other officer or employee of the Department of Justice whose duties include representing the United States in a court of law, may carry firearms.

`(b) Regulations- The Attorney General shall prescribe regulations to carry out this section. Such regulations may provide for training and regular certification in the use of firearms and shall, with respect to justices, judges, bankruptcy judges, and magistrate judges, be prescribed after consultation with the Judicial Conference of the United States.'.

(b) Law Enforcement Officers-

(1) IN GENERAL- Section 926B of title 18, United States Code, is amended by adding at the end the following:

`(f) For purposes of this section, a law enforcement officer of the Amtrak Police Department or a law enforcement or police officer of the executive branch of the Federal Government qualifies as an employee of a governmental agency who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest.'.

(2) RETIRED LAW ENFORCEMENT OFFICERS- Section 926C of title 18, United States Code, is amended--

(A) in subsection (c)--

(i) in paragraph (3)(A), by striking `was regularly employed as a law enforcement officer for an aggregate of 15 years or more' and inserting `served as a law enforcement officer for an aggregate of 10 years or more'; and

(ii) by striking paragraphs (4) and (5), and designating paragraphs (6) and (7) as paragraphs (4) and (5), respectively;

(B) in subsection (d)--

(i) in paragraph (1), by striking `or' after the semicolon;

(ii) in paragraph (2)(B), by striking the period at the end and inserting `; or'; and

(iii) by adding at the end the following:

`(3) in those States or for those law enforcement agencies that do not issue the identification or certification required by paragraph (1) or (2)--

`(A) an identification issued by the agency from which the individual retired from service as a law enforcement officer;

`(B) a photographic identification issued by an agency of the State in which the individual resides, such as a driver's license or a State identification card; and

`(C) a document issued by the State in which the individual resides that either certifies that the individual is authorized by the laws of that State to carry a concealed firearm, or, in those States that do not provide mandatory and objective standards for the issuance of such a license, certifies that the individual has received training in the safe handling of firearms or has completed a firearms safety or training course for security guards or investigators.'; and

`(f) In this section, the term `service with a public agency as a law enforcement officer' includes service as a law enforcement officer of the Amtrak Police Department or as a law enforcement or police officer of the executive branch of the Federal Government.'.

(c) Clerical Amendment- The table of sections for chapter 203 of title 18, United States Code, is amended by inserting after the item relating to section 3053 the following:

`3054. Authority of Federal judges and prosecutors to carry firearms.'.

SEC. 4. PENALTIES FOR CERTAIN ASSAULTS.

Section 111 of title 18, United States Code, is amended--

(1) in subsection (a), by striking `8 years' and inserting `15 years';

(2) in subsection (b), by striking `20 years' and inserting `30 years'; and

(3) by adding at the end the following:

`(c) Law Enforcement Officers and Judges-

`(1) IN GENERAL- If the victim of an assault punishable under this section is a United States judge or a Federal law enforcement officer (as those terms are defined in section 115) the offender shall be punished by a fine under this title and--

`(A) if the assault resulted in bodily injury (as that term is defined in section 1365), imprisonment for a term of years not less than 2 years nor more than 10 years;

`(B) if the assault resulted in substantial bodily injury (as that term is defined in section 113), imprisonment for a term of years not less than 5 years nor more than 15 years; and

`(C) if a dangerous weapon was used or possessed during and in relation to the offense, or if the assault resulted in serious bodily injury (as defined in section 2119(2)), imprisonment for a term of years not less than 10 years nor more than 25 years.

`(2) IMPOSITION OF PUNISHMENT- Each punishment for criminal conduct described in this subsection shall be in addition to any other punishment, whether imposed for a conviction under this section or otherwise, for other criminal conduct during the same criminal episode.'.

SEC. 5. SPECIAL PENALTIES FOR RETALIATING AGAINST A FEDERAL JUDGE OR FEDERAL LAW ENFORCEMENT OFFICER BY MURDERING OR ASSAULTING A FAMILY MEMBER.

Section 115 of title 18, United States Code, is amended--

(1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

(2) by inserting after subsection (b) the following:

`(c)(1) If an offense punishable under this section is committed with the intent to impede, intimidate, or interfere with a United States judge or a Federal law enforcement officer while engaged in the performance of official duties, or with the intent to retaliate against such judge or officer on account of the performance of official duties, the offender shall be punished--

`(A) in the case of murder, attempted murder, conspiracy to murder, or manslaughter, as provided in section 1114(b);

`(B) in the case of kidnapping, attempted kidnapping, or conspiracy to kidnap, as provided for an offense against a United States judge or Federal law enforcement officer in section 1201(a);

`(C) in the case of an assault, as provided for an offense against a United States judge or Federal law enforcement officer in section 111;

`(D) in the case of a threat, by a fine under this title and imprisonment for a term of years not less than 2 years nor more than 10 years.

`(2) Each punishment for criminal conduct described in this subsection shall be in addition to any other punishment, whether imposed for a conviction under this section or otherwise, for other criminal conduct during the same criminal episode.'.

SEC. 6. LIMITATION ON DAMAGES INCURRED DURING COMMISSION OF A FELONY OR CRIME OF VIOLENCE.

(a) In General- Section 1979 of the Revised Statutes (42 U.S.C. 1983) is amended by--

(1) striking `except that in any action' and all that follows through `relief was unavailable.' and inserting the following: `except that--

`(1) in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable; and

`(2) in any action seeking redress for a deprivation that was incurred in the course of, or as a result of, or is related to, conduct by the injured party that, more likely than not, constituted a felony or a crime of violence (as defined in section 16 of title 18, United States Code), including any deprivation in the course of arrest or apprehension for, or the investigation, prosecution, or adjudication of such an offense, a court shall not have jurisdiction to consider a claim for damages other than--

`(A) for necessary out-of-pocket expenditures and other monetary loss; and

`(B) if the deprivation consisted of the purposeful infliction of serious bodily injury (as defined in section 1365 of title 18, United States Code) by the defendant upon the injured party, for additional damages in an amount that shall not exceed $250,000.'; and

(2) indenting the last sentence as an undesignated paragraph.

(b) Attorney's Fees- Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended by striking `except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity such officer shall not be held liable for any costs, including attorneys fees, unless such action was clearly in excess of such officer's jurisdiction.' and inserting the following: `except that--

`(1) in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, such officer shall not be held liable for any costs, including attorneys fees, unless such action was clearly in excess of such officer's jurisdiction; and

`(2) in any action seeking redress for a deprivation that was incurred in the course of, or as a result of, or is related to, conduct by the injured party that, more likely than not, constituted a felony or a crime of violence (as defined in section 16 of title 18, United States Code), including any deprivation in the course of arrest or apprehension for, or the investigation, prosecution, or adjudication of, such an offense, the court may not allow such party to recover attorney's fees.'.

(c) Application- This section and the amendments made by this section shall apply to cases pending on or after the date of enactment of this Act.

SEC. 7. FEDERAL REVIEW OF STATE CONVICTION FOR MURDER OF A PUBLIC SAFETY OFFICER OF JUDGE.

(a) Short Title- This section may be cited as the `Police Officer Daniel Faulkner Act of 2007'.

(b) In General- Section 2254 of title 28, United States Code, is amended by adding at the end the following:

`(j) For an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court for a crime that involved the killing of a public safety officer or judge while the public safety officer or judge was engaged in the performance of official duties, or on account of the public safety officer's or judge's performance of official duties or status as a public safety officer or judge--

`(1) the application shall be subject to the time limitations and other requirements under sections 2263, 2264, and 2266; and

`(2) the review of the application by the court shall be limited to those claims concerning the validity of the conviction of the applicant for the underlying offense for which the applicant is held in custody.

`(k) A court shall not consider a claim relating to sentencing mitigation that was adjudicated on the merits in a State court, unless a determination that the error is not structural is contrary to clearly established Federal law, as determined by the Supreme Court of the United States.'.

(1) IN GENERAL- Section 2251 of title 28, United States Code, is amended by adding at the end the following:

`(c) Stay of Matters- This section, section 2262, and section 2101 are the exclusive sources of authority for Federal courts to stay a sentence of death entered by a State court.'.

(2) SECOND OR SUCCESSIVE APPLICATIONS- Section 2244(b)(3)(E) of title 28, United States Code, is amended by striking `the subject of a petition' and all that follows through the end of the subparagraph and inserting the following: `reheard in the court of appeals or reviewed by a writ of certiorari.'.

(3) RULES- Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts is amended by adding at the end the following: `Rule 60(b)(6) of the Federal Rules of Civil Procedure does not apply to proceedings under these rules.'.

(d) Effective Date-

(1) IN GENERAL- This section and the amendments made by this section shall apply to cases pending on or after the date of enactment of this Act.

(2) PENDING CASES- In a case pending on the date of enactment of this Act, if the amendments made by this section impose a time limit for taking certain action, the period of which began on the date of an event that occurred prior to the date of enactment of this Act, the period of such time limit shall instead begin on the date of enactment of this Act.

SEC. 8. BUREAU OF PRISONS FIREARMS POLICY.

Not later than 90 days after the date of the enactment of this Act, the Director of the Bureau of Prisons shall make rules to allow correctional officers working for the Bureau to carry firearms to and from work and store them in appropriate facilities at work.

END