109th CONGRESS
1st Session
H. R. 1751
IN THE SENATE OF THE UNITED STATES
November 10, 2005
Received; read twice and referred to the Committee on the Judiciary
AN ACT
To amend title 18, United States Code, to protect judges, prosecutors,
witnesses, victims, and their family members, 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 `Secure Access to Justice and Court Protection
Act of 2005'.
SEC. 2. PENALTIES FOR INFLUENCING, IMPEDING, OR RETALIATING AGAINST JUDGES
AND OTHER OFFICIALS BY THREATENING OR INJURING A FAMILY MEMBER.
Section 115 of title 18, United States Code, is amended--
(1) in each of subparagraphs (A) and (B) of subsection (a)(1), by inserting
`federally funded public safety officer (as defined for the purposes of
section 1123)' after `Federal law enforcement officer,';
(2) so that subsection (b) reads as follows:
`(b)(1) Except as provided in paragraph (2), the punishment for an offense
under this section is as follows:
`(A) The punishment for an assault in violation of this section is the
same as that provided for a like offense under section 111.
`(B) The punishment for a kidnapping, attempted kidnapping, or conspiracy
to kidnap in violation of this section is the same as provided for a like
violation in section 1201.
`(C) The punishment for a murder, attempted murder, or conspiracy to murder
in violation of this section is the same as provided for a like offense
under section 1111, 1113, and 1117.
`(D) A threat made in violation of this section shall be punished by a
fine under this title or imprisonment for not more than 10 years, or both.
`(2) If the victim of the offense under this section is an immediate family
member of a United States judge, a Federal law enforcement officer (as defined
for the purposes of section 1114) or of a federally funded public safety
officer (as defined for the purposes of section 1123), in lieu of the punishments
otherwise provided by paragraph (1), the punishments shall be as follows:
`(A) The punishment for an assault in violation of this section is as
follows:
`(i) If the assault is a simple assault, a fine under this title or
a term of imprisonment for not more than one year, or both.
`(ii) If the assault resulted in bodily injury (as defined in section
1365), a fine under this title and a term of imprisonment for not less
than one year nor more than 10 years.
`(iii) If the assault resulted in substantial bodily injury (as defined
in section 113), a fine under this title and a term of imprisonment
for not less than 3 years nor more than 12 years.
`(iv) If the assault resulted in serious bodily injury (as defined in
section 2119), a fine under this title and a term of imprisonment for
not less than 10 years nor more than 30 years.
`(B) The punishment for a kidnapping, attempted kidnapping, or conspiracy
to kidnap in violation of this section is a fine under this title and
imprisonment for any term of years not less than 30, or for life.
`(C) The punishment for a murder, attempted murder, or conspiracy to murder
in violation of this section is a fine under this title and imprisonment
for any term of years not less than 30, or for life, or, if death results
and the offender is prosecuted as a principal, the offender may be sentenced
to death.
`(D) A threat made in violation of this section shall be punished by a
fine under this title and imprisonment for not less than one year nor
more than 10 years.
`(E) If a dangerous weapon was used during and in relation to the offense,
the punishment shall include a term of imprisonment of 5 years in addition
to that otherwise imposed under this paragraph.'.
SEC. 3. PENALTIES FOR CERTAIN ASSAULTS.
(a) Inclusion of Federally Funded Public Safety Officers- Section 111(a)
of title 18, United States Code, is amended--
(1) in paragraph (1), by inserting `or a federally funded public safety
officer (as defined in section 1123)' after `1114 of this title'; and
(2) in paragraph (2), by inserting `or a federally funded public safety
officer (as defined in section 1123)' after `1114'.
(b) Alternate Penalty Where Victim Is a United States Judge, a Federal Law
Enforcement Officer, or Federally Funded Public Safety Officer- Section
111 of title 18, United States Code, is amended by adding at the end the
following:
`(c) Alternate Penalty Where Victim Is a United States Judge, a Federal
Law Enforcement Officer, or Federally Funded Public Safety Officer- (1)
Except as provided in paragraph (2), if the offense is an assault and the
victim of the offense under this section is a United States judge, a Federal
law enforcement officer (as defined for the purposes of section 1114) or
of a federally funded public safety officer (as defined for the purposes
of section 1123), in lieu of the penalties otherwise set forth in this section,
the offender shall be subject to a fine under this title and--
`(A) If the assault is a simple assault, a fine under this title or a
term of imprisonment for not more than one year, or both.
`(B) if the assault resulted in bodily injury (as defined in section 1365),
shall be imprisoned not less than one nor more than 10 years;
`(C) if the assault resulted in substantial bodily injury (as defined
in section 113), shall be imprisoned not less than 3 nor more than 12
years; and
`(D) if the assault resulted in serious bodily injury (as defined in section
2119), shall be imprisoned not less than 10 nor more than 30 years.
`(2) If a dangerous weapon was used during and in relation to the offense,
the punishment shall include a term of imprisonment of 5 years in addition
to that otherwise imposed under this subsection.'.
SEC. 4. PROTECTION OF FEDERALLY FUNDED PUBLIC SAFETY OFFICERS.
(a) Offense- Chapter 51 of title 18, United States Code, is amended by adding
at the end the following:
`Sec. 1123. Killing of federally funded public safety officers
`(a) Whoever kills, or attempts or conspires to kill, a federally funded
public safety officer while that officer is engaged in official duties,
or arising out of the performance of official duties, or kills a former
federally funded public safety officer arising out of the performance of
official duties, shall be punished by a fine under this title and imprisonment
for any term of years not less than 30, or for life, or, if death results
and the offender is prosecuted as a principal, may be sentenced to death.
`(b) As used in this section--
`(1) the term `federally funded public safety officer' means a public
safety officer for a public agency (including a court system, the National
Guard of a State to the extent the personnel of that National Guard are
not in Federal service, and the defense forces of a State authorized by
section 109 of title 32) that receives Federal financial assistance, of
an entity that is a State of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands of the United States,
Guam, American Samoa, the Trust Territory of the Pacific Islands, the
Commonwealth of the Northern Mariana Islands, or any territory or possession
of the United States, an Indian tribe, or a unit of local government of
that entity;
`(2) the term `public safety officer' means an individual serving a public
agency in an official capacity, as a judicial officer, as a law enforcement
officer, as a firefighter, as a chaplain, or as a member of a rescue squad
or ambulance crew;
`(3) the term `judicial officer' means a judge or other officer or employee
of a court, including prosecutors, court security, pretrial services officers,
court reporters, and corrections, probation, and parole officers; and
`(4) the term `firefighter' includes an individual serving as an official
recognized or designated member of a legally organized volunteer fire
department and an officially recognized or designated public employee
member of a rescue squad or ambulance crew; and
`(5) the term `law enforcement officer' means an individual involved in
crime and juvenile delinquency control or reduction, or enforcement of
the laws.'.
(b) Clerical Amendment- The table of sections at the beginning of chapter
51 of title 18, United States Code, is amended by adding at the end the
following new item:
`1123. Killing of federally funded public safety officers.'.
SEC. 5. GENERAL MODIFICATIONS OF FEDERAL MURDER CRIME AND RELATED CRIMES.
(a) Murder Amendments- Section 1111 of title 18, United States Code, is
amended in subsection (b), by inserting `not less than 30' after `any term
of years'.
(b) Manslaughter Amendments- Section 1112(b) of title 18, United States
Code, is amended--
(1) by striking `ten years' and inserting `20 years'; and
(2) by striking `six years' and inserting `10 years'.
SEC. 6. MODIFICATION OF DEFINITION OF OFFENSE AND OF THE PENALTIES FOR,
INFLUENCING OR INJURING OFFICER OR JUROR GENERALLY.
Section 1503 of title 18, United States Code, is amended--
(1) so that subsection (a) reads as follows:
`(A) corruptly, or by threats of force or force, endeavors to influence,
intimidate, or impede a juror or officer in a judicial proceeding in the
discharge of that juror or officer's duty;
`(B) injures a juror or an officer in a judicial proceeding arising out
of the performance of official duties as such juror or officer; or
`(C) corruptly, or by threats of force or force, obstructs, or impedes,
or endeavors to influence, obstruct, or impede, the due administration
of justice;
or attempts or conspires to do so, shall be punished as provided in subsection
(b).
`(2) As used in this section, the term `juror or officer in a judicial proceeding'
means a grand or petit juror, or other officer in or of any court of the
United States, or an officer who may be serving at any examination or other
proceeding before any United States magistrate judge or other committing
magistrate.'; and
(2) in subsection (b), by striking paragraphs (1) through (3) and inserting
the following:
`(1) in the case of a killing, or an attempt or a conspiracy to kill,
the punishment provided in section 1111, 1112, 1113, and 1117; and
`(2) in any other case, a fine under this title and imprisonment for not
more than 30 years.'.
SEC. 7. MODIFICATION OF TAMPERING WITH A WITNESS, VICTIM, OR AN INFORMANT
OFFENSE.
(a) Changes in Penalties- Section 1512 of title 18, United States Code,
is amended--
(1) in each of paragraphs (1) and (2) of subsection (a), insert `or conspires'
after `attempts';
(2) so that subparagraph (A) of subsection (a)(3) reads as follows:
`(A) in the case of a killing, the punishment provided in sections 1111
and 1112;';
(3) in subsection (a)(3)--
(A) in the matter following clause (ii) of subparagraph (B) by striking
`20 years' and inserting `30 years' ; and
(B) in subparagraph (C), by striking `10 years' and inserting `20 years';
(4) in subsection (b), by striking `ten years' and inserting `30 years';
and
(5) in subsection (d), by striking `one year' and inserting `20 years'.
SEC. 8. MODIFICATION OF RETALIATION OFFENSE.
Section 1513 of title 18, United States Code, is amended--
(1) in subsection (a)(1), by inserting `or conspires' after `attempts';
(2) in subsection (a)(1)(B)--
(A) by inserting a comma after `probation'; and
(B) by striking the comma which immediately follows another comma;
(3) in subsection (a)(2)(B), by striking `20 years' and inserting `30
years';
(4) in subsection (b), by striking `ten years' and inserting `30 years';
(5) in the first subsection (e), by striking `10 years' and inserting
`30 years'; and
(6) by redesignating the second subsection (e) as subsection (f).
SEC. 9. INCLUSION OF INTIMIDATION AND RETALIATION AGAINST WITNESSES IN
STATE PROSECUTIONS AS BASIS FOR FEDERAL PROSECUTION.
Section 1952 of title 18, United States Code, is amended in subsection (b)(2),
by inserting `intimidation of, or retaliation against, a witness, victim,
juror, or informant,' after `extortion, bribery,'.
SEC. 10. CLARIFICATION OF VENUE FOR RETALIATION AGAINST A WITNESS.
Section 1513 of title 18, United States Code, is amended by adding at the
end the following:
`(g) A prosecution under this section may be brought in the district in
which the official proceeding (whether or not pending, about to be instituted
or completed) was intended to be affected or was completed, or in which
the conduct constituting the alleged offense occurred.'.
SEC. 11. WITNESS PROTECTION GRANT PROGRAM.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended
by inserting after part BB (42 U.S.C. 3797j et seq.) the following new part:
`PART CC--WITNESS PROTECTION GRANTS
`SEC. 2811. PROGRAM AUTHORIZED.
`(a) In General- From amounts made available to carry out this part, the
Attorney General may make grants to States, units of local government, and
Indian tribes to create and expand witness protection programs in order
to prevent threats, intimidation, and retaliation against victims of, and
witnesses to, crimes.
`(b) Uses of Funds- Grants awarded under this part shall be--
`(1) distributed directly to the State, unit of local government, or Indian
tribe; and
`(2) used for the creation and expansion of witness protection programs
in the jurisdiction of the grantee.
`(c) Preferential Consideration- In awarding grants under this part, the
Attorney General may give preferential consideration, if feasible, to an
application from a jurisdiction that--
`(1) has the greatest need for witness and victim protection programs;
`(2) has a serious violent crime problem in the jurisdiction;
`(3) has had, or is likely to have, instances of threats, intimidation,
and retaliation against victims of, and witnesses to, crimes; and
`(4) shares an international border and faces a demonstrable threat from
cross border crime and violence.
`(d) Authorization of Appropriations- There are authorized to be appropriated
to carry out this section $20,000,000 for each of fiscal years 2006 through
2010.'.
SEC. 12. GRANTS TO STATES TO PROTECT WITNESSES AND VICTIMS OF CRIMES.
(a) In General- Section 31702 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 13862) is amended--
(1) in paragraph (3), by striking `and' at the end;
(2) in paragraph (4), by striking the period at the end and inserting
`; and' ; and
(3) by adding at the end the following:
`(5) to create and expand witness and victim protection programs to prevent
threats, intimidation, and retaliation against victims of, and witnesses
to, violent crimes.'.
(b) Authorization of Appropriations- Section 31707 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 13867) is amended to
read as follows:
`SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated $20,000,000 for each of the fiscal
years 2006 through 2010 to carry out this subtitle.'.
SEC. 13. JUDICIAL BRANCH SECURITY REQUIREMENTS.
(a) Ensuring Consultation and Coordination With the Administrative Office
of the United States Courts- Section 566 of title 28, United States Code,
is amended by adding at the end the following:
`(i) The United States Marshals Service shall consult with the Administrative
Office of the United States Courts on a continuing basis regarding the security
requirements for the Judicial Branch, and inform the Administrative Office
of the measures the Marshals Service intends to take to meet those requirements.'.
(b) Conforming Amendment- Section 604(a) of title 28, United States Code,
is amended--
(1) by redesignating existing paragraph (24) as paragraph (25);
(2) by striking `and' at the end of paragraph (23); and
(3) by inserting after paragraph (23) the following:
`(24) Consult with the United States Marshals Service on a continuing
basis regarding the security requirements for the Judicial Branch; and'.
SEC. 14. PROTECTIONS AGAINST MALICIOUS RECORDING OF FICTITIOUS LIENS AGAINST
A FEDERAL EMPLOYEE.
(a) Offense- Chapter 73 of title 18, United States Code, is amended by adding
at the end the following:
`Sec. 1521. Retaliating against a Federal employee by false claim or slander
of title
`Whoever, with the intent to harass a person designated in section 1114
on account of the performance of official duties, files, in any public record
or in any private record which is generally available to the public, any
false lien or encumbrance against the real or personal property of that
person, or attempts or conspires to do so, shall be fined under this title
or imprisoned not more than 10 years, or both.'.
(b) Clerical Amendment- The table of sections at the beginning of chapter
73 of title 18, United States Code, is amended by adding at the end the
following new item:
`1521. Retaliating against a Federal employee by false claim or slander
of title.'.
SEC. 15. PROHIBITION OF POSSESSION OF DANGEROUS WEAPONS IN FEDERAL COURT
FACILITIES.
Section 930(e) of title 18, United States Code, is amended by inserting
`or other dangerous weapon' after `firearm'.
SEC. 16. REPEAL OF SUNSET PROVISION.
Section 105(b)(3) of the Ethics in Government Act of 1978 (5 U.S.C. App.)
is amended by striking subparagraph (E).
SEC. 17. PROTECTION OF INDIVIDUALS PERFORMING CERTAIN FEDERAL AND OTHER
FUNCTIONS.
(a) Offense- Chapter 7 of title 18, United States Code, is amended by adding
at the end the following:
`Sec. 117. Protection of individuals performing certain Federal and federally
assisted functions
`(a) Whoever knowingly, and with intent to harm, intimidate, or retaliate
against a covered official makes restricted personal information about that
covered official publicly available through the Internet shall be fined
under this title and imprisoned not more than 5 years, or both.
`(b) It is a defense to a prosecution under this section that the defendant
is a provider of Internet services and did not knowingly participate in
the offense.
`(c) As used in this section--
`(1) the term `restricted personal information' means, with respect to
an individual, the Social Security number, the home address, home phone
number, mobile phone number, personal email, or home fax number of, and
identifiable to, that individual; and
`(2) the term `covered official' means--
`(A) an individual designated in section 1114;
`(B) a public safety officer (as that term is defined in section 1204
of the Omnibus Crime Control and Safe Streets Act of 1968); or
`(C) a grand or petit juror, witness, or other officer in or of, any
court of the United States, or an officer who may be serving at any
examination or other proceeding before any United States magistrate
judge or other committing magistrate.'.
(b) Clerical Amendment- The table of sections at the beginning of chapter
7 of title 18, United States Code, is amended by adding at the end the following
new item:
`117. Protection of individuals performing certain Federal and federally
assisted functions.'.
SEC. 18. ELIGIBILITY OF COURTS TO APPLY DIRECTLY FOR LAW ENFORCEMENT DISCRETIONARY
GRANTS AND REQUIREMENT THAT STATE AND LOCAL GOVERNMENTS CONSIDER COURTS
WHEN APPLYING FOR GRANT FUNDS.
(a) Courts Treated as Units of Local Governments for Purposes of Discretionary
Grants- Section 901 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3791) is amended in subsection (a)(3)--
(1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and
(E), respectively; and
(2) by inserting after subparagraph (B) the following new subparagraph:
`(C) the judicial branch of a State or of a unit of local government
within the State or of an Indian tribe, for purposes of discretionary
grants;'.
(b) State and Local Governments to Consider Courts- The Attorney General
shall ensure that whenever a State or unit of local government or Indian
tribe applies for a grant from the Department of Justice, the State, unit,
or tribe demonstrate that, in developing the application and distributing
funds, the State, unit, or tribe--
(1) considered the needs of the judicial branch of the State, unit, or
tribe, as the case may be; and
(2) consulted with the chief judicial officer of the highest court of
the State, unit, or tribe, as the case may be.
SEC. 19. REPORT ON SECURITY OF FEDERAL PROSECUTORS.
Not later than 90 days after the date of the enactment of this Act, the
Attorney General shall submit to the Committee on the Judiciary of the House
of Representatives and the Committee on the Judiciary of the Senate a report
on the security of assistant United States attorneys and other Federal attorneys
arising from the prosecution of terrorists, violent criminal gangs, drug
traffickers, gun traffickers, white supremacists, and those who commit fraud
and other white-collar offenses. The report shall describe each of the following:
(1) The number and nature of threats and assaults against attorneys handling
those prosecutions and the reporting requirements and methods.
(2) The security measures that are in place to protect the attorneys who
are handling those prosecutions, including measures such as threat assessments,
response procedures, availability of security systems and other devices,
firearms licensing (deputations), and other measures designed to protect
the attorneys and their families.
(3) The Department of Justice's firearms deputation policies, including
the number of attorneys deputized and the time between receipt of threat
and completion of the deputation and training process.
(4) For each measure covered by paragraphs (1) through (3), when the report
or measure was developed and who was responsible for developing and implementing
the report or measure.
(5) The programs that are made available to the attorneys for personal
security training, including training relating to limitations on public
information disclosure, basic home security, firearms handling and safety,
family safety, mail handling, counter-surveillance, and self-defense tactics.
(6) The measures that are taken to provide the attorneys with secure parking
facilities, and how priorities for such facilities are established--
(A) among Federal employees within the facility;
(B) among Department of Justice employees within the facility; and
(C) among attorneys within the facility.
(7) The frequency such attorneys are called upon to work beyond standard
work hours and the security measures provided to protect attorneys at
such times during travel between office and available parking facilities.
(8) With respect to attorneys who are licensed under State laws to carry
firearms, the Department of Justice's policy as to--
(A) carrying the firearm between available parking and office buildings;
(B) securing the weapon at the office buildings; and
(C) equipment and training provided to facilitate safe storage at Department
of Justice facilities.
(9) The offices in the Department of Justice that are responsible for
ensuring the security of the attorneys, the organization and staffing
of the offices, and the manner in which the offices coordinate with offices
in specific districts.
(10) The role, if any, that the United States Marshals Service or any
other Department of Justice component plays in protecting, or providing
security services or training for, the attorneys.
SEC. 20. FLIGHT TO AVOID PROSECUTION FOR KILLING PEACE OFFICERS.
(a) Flight- Chapter 49 of title 18, United States Code, is amended by adding
at the end the following:
`Sec. 1075. Flight to avoid prosecution for killing peace officers
`Whoever moves or travels in interstate or foreign commerce with intent
to avoid prosecution, or custody or confinement after conviction, under
the laws of the place from which he flees or under section 1114 or 1123,
for a crime consisting of the killing, an attempted killing, or a conspiracy
to kill, an individual involved in crime and juvenile delinquency control
or reduction, or enforcement of the laws or for a crime punishable by section
1114 or 1123, shall be fined under this title and imprisoned, in addition
to any other imprisonment for the underlying offense, for any term of years
not less than 10.'.
(b) Clerical Amendment- The table of sections at the beginning of chapter
49 of title 18, United States Code, is amended by adding at the end the
following new item:
`1075. Flight to avoid prosecution for killing peace officers.'.
SEC. 21. 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 a murder punishable under this section is a United
States judge (as defined in section 115) or a Federal law enforcement officer
(as defined in 115) the offender shall be punished by a fine under this
title and imprisonment for any term of years not less than 30, or for life,
or, if death results, may be sentenced to death.'.
(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 (as defined in section 115)
or a Federal law enforcement officer (as defined in 115) the offender shall
be punished by a fine under this title and imprisonment for any term of
years not less than 30, or for life, or, if death results, may be sentenced
to death.'.
SEC. 22. MEDIA COVERAGE OF COURT PROCEEDINGS.
(a) Findings- The Congress makes the following findings:
(1) The right of the people of the United States to freedom of speech,
particularly as it relates to comment on governmental activities, as protected
by the first amendment to the Constitution, cannot be meaningfully exercised
without the ability of the public to obtain facts and information about
the Government upon which to base their judgments regarding important
issues and events. As the United States Supreme Court articulated in Craig
v. Harney, 331 U.S. 367 (1947), `A trial is a public event. What transpires
in the court room is public property.'.
(2) The right of the people of the United States to a free press, with
the ability to report on all aspects of the conduct of the business of
government, as protected by the first amendment to the Constitution, cannot
be meaningfully exercised without the ability of the news media to gather
facts and information freely for dissemination to the public.
(3) The right of the people of the United States to petition the Government
to redress grievances, particularly as it relates to the manner in which
the Government exercises its legislative, executive, and judicial powers,
as protected by the first amendment to the Constitution, cannot be meaningfully
exercised without the availability to the public of information about
how the affairs of government are being conducted. As the Supreme Court
noted in Richmond Newspapers, Inc. v. Commonwealth of Virginia (1980),
`People in an open society do not demand infallibility from their institutions,
but it is difficult for them to accept what they are prohibited from observing.'.
(4) In the twenty-first century, the people of the United States obtain
information regarding judicial matters involving the Constitution, civil
rights, and other important legal subjects principally through the print
and electronic media. Television, in particular, provides a degree of
public access to courtroom proceedings that more closely approximates
the ideal of actual physical presence than newspaper coverage or still
photography.
(5) Providing statutory authority for the courts of the United States
to exercise their discretion in permitting televised coverage of courtroom
proceedings would enhance significantly the access of the people to the
Federal judiciary.
(6) Inasmuch as the first amendment to the Constitution prevents Congress
from abridging the ability of the people to exercise their inherent rights
to freedom of speech, to freedom of the press, and to petition the Government
for a redress of grievances, it is good public policy for the Congress
affirmatively to facilitate the ability of the people to exercise those
rights.
(7) The granting of such authority would assist in the implementation
of the constitutional guarantee of public trials in criminal cases, as
provided by the sixth amendment to the Constitution. As the Supreme Court
stated in In re Oliver (1948), `Whatever other benefits the guarantee
to an accused that his trial be conducted in public may confer upon our
society, the guarantee has always been recognized as a safeguard against
any attempt to employ our courts as instruments of persecution. The knowledge
that every criminal trial is subject to contemporaneous review in the
forum of public opinion is an effective restraint on possible abuse of
judicial power.'.
(b) Authority of Presiding Judge to Allow Media Coverage of Court Proceedings-
(1) AUTHORITY OF APPELLATE COURTS- Notwithstanding any other provision
of law, the presiding judge of an appellate court of the United States
may, in his or her discretion, permit the photographing, electronic recording,
broadcasting, or televising to the public of court proceedings over which
that judge presides.
(2) AUTHORITY OF DISTRICT COURTS-
(A) IN GENERAL- Notwithstanding any other provision of law, any presiding
judge of a district court of the United States may, in his or her discretion,
permit the photographing, electronic recording, broadcasting, or televising
to the public of court proceedings over which that judge presides.
(B) OBSCURING OF WITNESSES AND JURORS- (i) Upon the request of any witness
(other than a party) or a juror in a trial proceeding, the court shall
order the face and voice of the witness or juror (as the case may be)
to be disguised or otherwise obscured in such manner as to render the
witness or juror unrecognizable to the broadcast audience of the trial
proceeding.
(ii) The presiding judge in a trial proceeding shall inform--
(I) each witness who is not a party that the witness has the right
to request that his or her image and voice be obscured during the
witness' testimony; and
(II) each juror that the juror has the right to request that his or
her image be obscured during the trial proceeding.
(3) ADVISORY GUIDELINES- The Judicial Conference of the United States
is authorized to promulgate advisory guidelines to which a presiding judge,
in his or her discretion, may refer in making decisions with respect to
the management and administration of photographing, recording, broadcasting,
or televising described in paragraphs (1) and (2).
(c) Definitions- In this section:
(1) PRESIDING JUDGE- The term `presiding judge' means the judge presiding
over the court proceeding concerned. In proceedings in which more than
one judge participates, the presiding judge shall be the senior active
judge so participating or, in the case of a circuit court of appeals,
the senior active circuit judge so participating, except that--
(A) in en banc sittings of any United States circuit court of appeals,
the presiding judge shall be the chief judge of the circuit whenever
the chief judge participates; and
(B) in en banc sittings of the Supreme Court of the United States, the
presiding judge shall be the Chief Justice whenever the Chief Justice
participates.
(2) APPELLATE COURT OF THE UNITED STATES- The term `appellate court of
the United States' means any United States circuit court of appeals and
the Supreme Court of the United States.
(d) Sunset- The authority under subsection (b)(2) shall terminate on the
date that is 3 years after the date of the enactment of this Act.
SEC. 23. FUNDING FOR STATE COURTS TO ASSESS AND ENHANCE COURT SECURITY
AND EMERGENCY PREPAREDNESS.
(a) In General- The Attorney General, through the Office of Justice Programs,
shall make grants under this section to the highest State courts in States
participating in the program, for the purpose of enabling such courts--
(1) to conduct assessments focused on the essential elements for effective
courtroom safety and security planning; and
(2) to implement changes deemed necessary as a result of the assessments.
(b) Essential Elements- As used in subsection (a)(1), the essential elements
include, but are not limited to--
(1) operational security and standard operating procedures;
(2) facility security planning and self-audit surveys of court facilities;
(3) emergency preparedness and response and continuity of operations;
(4) disaster recovery and the essential elements of a plan;
(8) developing resources and building partnerships; and
(9) new courthouse design.
(c) Applications- To be eligible for a grant under this section, a highest
State court shall submit to the Attorney General an application at such
time, in such form, and including such information and assurances as the
Attorney General shall require.
(d) Authorization of Appropriations- There are authorized to be appropriated
to carry out this section $20,000,000 for each of fiscal years 2006 through
2010.
SEC. 24. ADDITIONAL AMOUNTS FOR UNITED STATES MARSHALS SERVICE TO PROTECT
THE JUDICIARY.
In addition to any other amounts authorized to be appropriated for the United
States Marshals Service, there are authorized to be appropriated for the
United States Marshals Service to protect the judiciary, $20,000,000 for
each of fiscal years 2006 through 2010 for--
(1) hiring entry-level deputy marshals for providing judicial security;
(2) hiring senior-level deputy marshals for investigating threats to the
judiciary and providing protective details to members of the judiciary
and Assistant United States Attorneys; and
(3) for the Office of Protective Intelligence, for hiring senior-level
deputy marshals, hiring program analysts, and providing secure computer
systems.
SEC. 25. GRANTS TO STATES FOR THREAT ASSESSMENT DATABASES.
(a) In General- The Attorney General, through the Office of Justice Programs,
shall make grants under this section to the highest State courts in States
participating in the program, for the purpose of enabling such courts to
establish and maintain a threat assessment database described in subsection
(b).
(b) Database- For purposes of subsection (a), a threat assessment database
is a database through which a State can--
(1) analyze trends and patterns in domestic terrorism and crime;
(2) project the probabilities that specific acts of domestic terrorism
or crime will occur; and
(3) develop measures and procedures that can effectively reduce the probabilities
that those acts will occur.
(c) Core Elements- The Attorney General shall define a core set of data
elements to be used by each database funded by this section so that the
information in the database can be effectively shared with other States
and with the Department of Justice.
(d) Authorization of Appropriations- There are authorized to be appropriated
to carry out this section such sums as may be necessary for each of fiscal
years 2006 through 2009.
SEC. 26. GRANTS FOR YOUNG WITNESS ASSISTANCE.
(a) Definitions- For purposes of this section:
(1) DIRECTOR- The term `Director' means the Director of the Bureau of
Justice Assistance.
(2) JUVENILE- The term `juvenile' means an individual who is 17 years
of age or younger.
(3) YOUNG ADULT- The term `young adult' means an individual who is between
the ages of 18 and 21.
(4) STATE- The term `State' means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands.
(b) Program Authorization- The Director may make grants to State and local
prosecutors and law enforcement agencies in support of juvenile and young
adult witness assistance programs, including State and local prosecutors
and law enforcement agencies that have existing juvenile and adult witness
assistance programs.
(c) Eligibility- To be eligible to receive a grant under this section, State
and local prosecutors and law enforcement officials shall--
(1) submit an application to the Director in such form and containing
such information as the Director may reasonably require; and
(2) give assurances that each applicant has developed, or is in the process
of developing, a witness assistance program that specifically targets
the unique needs of juvenile and young adult witnesses and their families.
(d) Use of Funds- Grants made available under this section may be used--
(1) to assess the needs of juvenile and young adult witnesses;
(2) to develop appropriate program goals and objectives; and
(3) to develop and administer a variety of witness assistance services,
which includes--
(A) counseling services to young witnesses dealing with trauma associated
in witnessing a violent crime;
(B) pre- and post-trial assistance for the youth and their family;
(C) providing education services if the child is removed from or changes
their school for safety concerns;
(D) support for young witnesses who are trying to leave a criminal gang
and information to prevent initial gang recruitment.
(E) protective services for young witnesses and their families when
a serious threat of harm from the perpetrators or their associates is
made; and
(F) community outreach and school-based initiatives that stimulate and
maintain public awareness and support.
(1) REPORT- State and local prosecutors and law enforcement agencies that
receive funds under this section shall submit to the Director a report
not later than May 1st of each year in which grants are made available
under this section. Reports shall describe progress achieved in carrying
out the purpose of this section.
(2) REPORT TO CONGRESS- The Director shall submit to Congress a report
by July 1st of each year which contains a detailed statement regarding
grant awards, activities of grant recipients, a compilation of statistical
information submitted by applicants, and an evaluation of programs established
under this section.
(f) Authorization of Appropriations- There are authorized to be appropriated
to carry out this section $3,000,000 for each of fiscal years 2006, 2007,
and 2008.
SEC. 27. STATE AND LOCAL COURT ELIGIBILITY.
(a) Bureau Grants- Section 302(c)(1) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3732(c)(1)) is amended by inserting
`State and local courts,' after `contracts with'.
(1) FORMULA GRANTS- Section 501 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3751) is amended--
(A) in subsection (a), by striking `and units of local government' and
inserting `, units of local government, and State and local courts';
and
(B) in subsection (b), by inserting `, State and local courts,' after
`use by States'.
(2) DISCRETIONARY GRANTS- Section 510(a) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3760(a)) is amended by
inserting `, State and local courts,' after `private agencies,'.
(c) Armor Vests- Section 2501 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (3796ii) is amended--
(1) in subsection (a), by inserting `State and local court,' after `local,';
and
(2) in subsection (b), by inserting `State and local court' after `government,'.
(d) Child Abuse Prevention- Section 105 of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106) is amended--
(1) in the section heading, by inserting `state and local courts,' after
`agencies';
(2) in subsection (a), by inserting `and State and local courts' after
`such agencies or organizations)'; and
(3) in subsection (a)(1), by inserting `and State and local courts' after
`organizations'.
SEC. 28. 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
`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, subject to such regulations as the
Attorney General shall prescribe. Such regulations shall 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) Clerical Amendment- The table of sections for such chapter is amended
by inserting after the item relating to section 3053 the following:
`3054. Authority of Federal judges and prosecutors to carry firearms.'.
Passed the House of Representatives November 9, 2005.
Attest:
JEFF TRANDAHL,
Clerk.
END
