Text of H.R. 1577 (113th): McLelland-Hasse Line of Duty Act (Introduced version)

113th CONGRESS

1st Session

H. R. 1577

IN THE HOUSE OF REPRESENTATIVES

April 16, 2013

Mr. Poe of Texas introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To protect prosecutors, judges, law enforcement officers, and their families.

This Act may be cited as the McLelland-Hasse Line of Duty Act .

(a)

Section 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(b)) is amended—

(1)

in paragraph (16), by striking and at the end;

(2)

by redesignating paragraph (17) as paragraph (18);

(3)

by inserting after paragraph (16) the following:

(18)

to train and provide security details for prosecutors and judges, including their immediate families, involved in cases that raise substantial concerns of retaliation or intimidation through violent acts; and

; and

(4)

in paragraph (18), as so redesignated, by striking (16) and inserting (17).

(b)

Section 501(a)(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3751(a)(1) ) is amended by adding at the end the following:

(H)

Prosecutorial and judicial security details and programs.

(a)

(1)

Chapter 51 of title 18, United States Code, is amended by adding at the end the following:

1123.

(a)

In this section—

(1)

the terms Federal law enforcement officer and United States judge have the meanings given those terms in section 115;

(2)

the term federally funded public safety officer means a public safety officer or judicial officer for a public agency that—

(A)

receives Federal financial assistance; and

(B)

is an agency of an entity that is a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, 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;

(3)

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;

(4)

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;

(5)

the term law enforcement officer means an individual, with arrest powers, involved in crime or juvenile delinquency control or reduction or enforcement of the laws;

(6)

the term public agency includes 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; and

(7)

the term public safety officer means an individual serving a public agency in an official capacity, as a law enforcement officer, as a firefighter, as a chaplain, or as a member of a rescue squad or ambulance crew.

(b)

It shall be unlawful for any person to—

(1)

kill, or attempt or conspire to kill—

(A)

a United States judge;

(B)

a Federal law enforcement officer; or

(C)

a federally funded public safety officer while that officer is engaged in official duties, or on account of the performance of official duties; or

(2)

kill a former United States judge, Federal law enforcement officer, or federally funded public safety officer on account of the past performance of official duties.

(c)

Any person that violates subsection (b) shall be fined under this title and imprisoned 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.

(2)

The table of sections for chapter 51 of title 18, United States Code, is amended by adding at the end the following:

1123. Killing of federally funded prosecutors, judges, and law enforcement officers.

(b)

(1)

Chapter 49 of title 18, United States Code, is amended by adding at the end the following:

1075.

(a)

It shall be unlawful for any person to move or travel in interstate or foreign commerce with intent to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which the person flees or under section 1114 or 1123, for a crime consisting of the killing, an attempted killing, or a conspiracy to kill a Federal judge or Federal law enforcement officer (as those terms are defined in section 115), or a federally funded public safety officer (as that term is defined in section 1123).

(b)

Any person that violates subsection (a) shall be fined under this title and imprisoned for any term of years not less than 10, in addition to any other term of imprisonment for any other offense relating to the conduct described in subsection (a).

(2)

The table of sections for chapter 49 of title 18, United States Code, is amended by adding at the end the following:

1075. Flight to avoid prosecution for killing prosecutors, judges, and law enforcement officials.

(c)

Section 3592(c) of title 18, United States Code, is amended by inserting after paragraph (16) the following:

(17)

The defendant killed or attempted to kill a person who is authorized by law—

(A)

to engage in or supervise the prevention, detention, or investigation of any criminal violation of law;

(B)

to arrest, prosecute, or adjudicate an individual for any criminal violation of law; or

(C)

to be a firefighter or other first responder.

(d)

(1)

Section 2254 of title 28, United States Code, is amended by adding at the end the following:

(j)

(1)

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 (as that term is defined in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b)) or judge, while the public safety officer or judge was engaged in the performance of official duties, or on account of the performance of official duties by or status as a public safety officer or judge of the public safety officer or judge—

(A)

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

(B)

the court shall not consider claims relating to sentencing that were adjudicated in a State court.

(2)

Sections 2251, 2262, and 2101 are the exclusive sources of authority for Federal courts to stay a sentence of death entered by a State court in a case described in paragraph (1).

(2)

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 shall not apply to a proceeding under these rules in a case that is described in section 2254(j) of title 28, United States Code..

(3)

Section 2244(b)(3)(E) of title 28, United States Code, is amended by striking the subject of a petition and all that follows and inserting: reheard in the court of appeals or reviewed by writ of certiorari..

(4)

(A)

This section and the amendments made by this section shall apply to any case pending on or after the date of enactment of this Act.

(B)

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 before the date of enactment of this Act, the period of such time limit shall begin on the date of enactment of this Act.

(C)

The amendments made by this section shall not bar consideration under section 2266(b)(3)(B) of title 28, United States Code, of an amendment to an application for a writ of habeas corpus that is pending on the date of enactment of this Act, if the amendment to the petition was adjudicated by the court prior to the date of enactment of this Act.

(e)

(1)

Section 111 of title 18, United States Code, is amended to read as follows:

111.

(a)

(1)

It shall be unlawful for any person to—

(A)

assault or interfere with an officer or employee described in section 1114, while such officer or employee is engaged in, or on account of the performance of, official duties;

(B)

assault or interfere with an individual who formerly served as an officer or employee described in section 1114 on account of the performance of official duties; or

(C)

assault or interfere with an individual on account of the current or former status of the individual as an officer or employee described in section 1114.

(2)

Any person who violates paragraph (1), shall be—

(A)

fined under this title;

(B)

(i)

in the case of an interference or a simple assault, imprisoned for not more than 1 year;

(ii)

in the case of an assault involving actual physical contact or the intent to commit any other felony, imprisoned for not more than 10 years;

(iii)

in the case of an assault resulting in bodily injury, imprisoned for not more than 20 years; or

(iv)

in the case of an assault resulting in substantial bodily injury (as that term is defined in section 113), or if a dangerous weapon was used or possessed during and in relation to the offense (including a weapon intended to cause death or danger but that fails to do so by reason of a defective component), imprisoned for not more than 30 years; or

(C)

fined under subparagraph (A) and imprisoned under subparagraph (B).

(b)

(1)

(A)

If the victim of an assault punishable under this section is a Federal law enforcement officer or a United States judge (as those terms are defined in section 115) and the assault resulted in substantial bodily injury (as that term is defined in section 113), the offender shall be punished by a fine under this title and imprisonment for not less 5 years nor more than 30 years; and

(B)

If the victim of an assault punishable under this section is a Federal law enforcement officer or a United States judge (as those terms are defined in section 115) and the assault resulted in serious bodily injury (as that term is defined in section 2119(2)), or a dangerous weapon was used or possessed during and in relation to the offense, the offender shall be punished by a fine under this title and imprisonment for any term of years not less than 10 or for life.

(2)

Each punishment for criminal conduct described in this subsection shall be in addition to any other punishment for other criminal conduct during the same criminal episode.

(2)

The table of sections for chapter 7 of title 18, United States Code, is amended by striking the item relating to section 111 and inserting the following:

111. Assaulting or interfering with certain officers or employees.

(f)

(1)

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

(A)

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

(B)

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 Federal law enforcement officer or a United States judge while that officer or judge is engaged in the performance of official duties, with the intent to retaliate against that officer or judge or a person who formerly served as such an officer or judge on account of the performance of official duties, or with the intent to retaliate against an individual on account of the current or former status of the individual as such an officer or judge, the offender shall be punished—

(A)

in the case of murder, attempted murder, conspiracy to murder, or manslaughter, as provided in section 1114(1);

(B)

in the case of kidnapping, attempted kidnapping, or conspiracy to kidnap, as provided in section 1201(a);

(C)

in the case of an assault resulting in bodily injury or involving the use or possession of a dangerous weapon during and in relation to the offense, as provided for a comparable offense against a Federal law enforcement officer or United States judge under section 111; and

(D)

in the case of any other assault or threat, by a fine under this title and imprisonment for not more than 10 years.

(2)

Each punishment for criminal conduct described in this subsection shall be in addition to any other punishment for other criminal conduct during the same criminal episode.

(2)

(A)

Section 119(b)(4) of title 18, United States Code, is amended by striking section 115(c)(2) and inserting section 115.

(B)

Section 2237(e)(1) of title 18, United States Code, is amended by striking in section 115(c) and inserting in section 115.

(C)

Section 5(a) of the Act entitled ‘‘An Act to promote the development of Indian arts and crafts and to create a board to assist therein, and for other purposes’’ (25 U.S.C. 305d) is amended by striking in section 115(c) and inserting in section 115.

(a)

Chapter 203 of title 18, United States Code, is amended by inserting after section 3053 the following:

3054.

Subject to such regulations as the Attorney General shall prescribe regarding training and proficiency in the use of firearms, any officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, prosecution, or adjudication of any violation of law may carry firearms. Such authority to carry firearms shall extend, but not be limited to presence within any building or structure classified as a Federal facility or Federal court facility, as those terms are defined under section 930, and any grounds appurtenant to such a facility, where such possession is otherwise authorized by law and incident to the lawful performance of the official duties of that person.

(b)

Section 926B(e)(2) of title 18, United States Code, is amended by inserting any magazine and after includes.

(c)

Section 926C(e)(1)(B) of title 18, United States Code, is amended by inserting any magazine and after includes.

(d)

Section 922(q)(2)(B)(vi) title 18, United States Code, is amended by inserting , a qualified law enforcement officer (as defined in section 926B(c)), or a qualified retired law enforcement officer (as defined in section 926C(c)) before the semicolon.

(e)

Not later than 60 days after the date of enactment of this Act, the Attorney General shall promulgate regulations allowing persons described in section 3054 of title 18, United States Code, to possess firearms in a manner described by that section. With respect to Federal justices, judges, bankruptcy judges, and magistrate judges, such regulations shall be prescribed after consultation with the Judicial Conference of the United States.

(f)

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 judges, prosecutors, and law enforcement officers to carry firearms.

(a)

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 the judicial capacity of that officer, 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 any 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 that term is 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 may not award damages other than for necessary out-of-pocket expenditures and other monetary loss.

; and

(2)

indenting the last sentence as an undesignated paragraph.

(b)

Section 722(b) of the Revised Statutes ( 42 U.S.C. 1988(b) ) is amended by striking except that in any action and all that follows and inserting the following:

except that—

(1)

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

(2)

in any action seeking redress for any 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 that term is 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.

(a)

Chapter 303 of title 18, United States Code, is amended by adding at the end the following:

4049.

The Director of the Bureau of Prisons shall ensure that each Federal penal or correctional institution provides a secure firearms storage area for use by all persons employed by the Bureau of Prisons at the institution who are authorized to carry a firearm, or allow such persons to store firearms in a vehicle lockbox approved by the Director.

(b)

The table of sections for chapter 303 of title 18, United States Code, is amended by adding at the end the following:

4049. Secure firearms storage for Federal correctional workers.

H.R. 1577 (113^th): McLelland-Hasse Line of Duty Act

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