McLelland-Hasse Line of Duty Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) require the use of grant funds under the community-oriented policing services program 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 (2) allow grants under the Edward Byrne Memorial Justice Assistance Grant Program to fund prosecutorial and judicial security details and programs.
Amends the federal criminal code to make it unlawful to: (1) kill, or attempt or conspire to kill, a U.S. judge, a federal law enforcement officer, or a federally funded public safety officer engaged in official duties or a former U.S. judge, federal law enforcement officer, or federal funded public safety officer on account of past performance of official duties; or (2) travel in interstate commerce to avoid prosecution for such crimes. Expands criminal penalties for assaulting or interfering with law enforcement officers and employees.
Permits judges, prosecutors, and law enforcement officials to carry firearms in federal facilities where such possession is otherwise authorized by law.
Limits damages and costs in legal actions against a judicial officer by an individual injured during the commission of a felony or a crime of violence.
Requires the Director of the Bureau of Prisons to ensure that each federal penal or correctional institution provides a secure firearms storage area for use by all employees who are authorized to carry a firearm.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1577 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1577
To protect prosecutors, judges, law enforcement officers, and their
families.
_______________________________________________________________________
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.
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 ``McLelland-Hasse Line of Duty Act''.
SEC. 2. PROTECTION FOR PROSECUTORS AND JUDGES.
(a) Modifications to the Community Oriented Policing Services
Program.--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) Modifications to the Edward Byrne Memorial Justice Assistance
Grant Program.--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.''.
SEC. 3. JUSTICE FOR PROSECUTORS, JUDGES, LAW ENFORCEMENT OFFICERS, AND
THEIR FAMILIES.
(a) Killing of Prosecutors, Judges, and Law Enforcement Officers.--
(1) Offense.--Chapter 51 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 1123. Killing of federally funded prosecutors, judges, and law
enforcement officers
``(a) Definitions.--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) Offense.--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) Penalty.--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) Clerical amendment.--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) Fugitives From Justice.--
(1) Offense.--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 prosecutors,
judges, and law enforcement officials
``(a) Offense.--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) Penalty.--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) Clerical amendment.--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) Aggravating Factors for Homicide.--Section 3592(c) of title 18,
United States Code, is amended by inserting after paragraph (16) the
following:
``(17) Killing of a prosecutor, judge, law enforcement
officer, or first responder.--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) Federal Review of State Conviction for Murder of a Law
Enforcement Officer or Judge.--
(1) In general.--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) 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 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) Finality of determination.--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) Effective date and applicability.--
(A) In general.--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) Time limits.--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) Exception.--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) Special Penalties for Assaulting a Federal Prosecutor, Judge,
or Law Enforcement Officer.--
(1) In general.--Section 111 of title 18, United States
Code, is amended to read as follows:
``Sec. 111. Assaulting or interfering with certain officers or
employees
``(a) Officers and Employees.--
``(1) In general.--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) Penalty.--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) Law Enforcement Officers and Judges.--
``(1) In general.--
``(A) Substantial bodily injury.--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) Serious bodily injury.--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) Imposition of punishment.--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) Technical and conforming amendment.--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) Special Penalties for Retaliating Against a Federal Prosecutor,
Judge, or Law Enforcement Officer by Murdering or Assaulting a Family
Member.--
(1) In general.--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) Technical and conforming amendments.--
(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''.
SEC. 4. SELF-DEFENSE RIGHTS FOR PROSECUTORS, JUDGES, AND LAW
ENFORCEMENT OFFICERS.
(a) In General.--Chapter 203 of title 18, United States Code, is
amended by inserting after section 3053 the following:
``Sec. 3054. Authority of judges, prosecutors, and law enforcement
officers to carry firearms
``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) Carrying of Concealed Firearms by Qualified Law Enforcement
Officers.--Section 926B(e)(2) of title 18, United States Code, is
amended by inserting ``any magazine and'' after ``includes''.
(c) Carrying of Concealed Firearms by Qualified Retired Law
Enforcement Officers.--Section 926C(e)(1)(B) of title 18, United States
Code, is amended by inserting ``any magazine and'' after ``includes''.
(d) School Zones.--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) Regulations Required.--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) Technical and Conforming 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 judges, prosecutors, and law enforcement officers
to carry firearms.''.
SEC. 5. 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 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) 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''
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.''.
SEC. 6. SELF-DEFENSE RIGHTS FOR FEDERAL CORRECTIONAL WORKERS.
(a) In General.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4049. Secure firearms storage for Federal correctional workers
``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) Clerical Amendment.--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.''.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR H2029)
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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