Back the Blue Act of 2023
This bill establishes new criminal offenses for killing, assaulting, and fleeing to avoid prosecution for killing a judge, law enforcement officer, or public safety officer.
Additionally, the bill
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3079 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3079
To protect law enforcement officers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 5, 2023
Mr. Bacon (for himself, Mr. LaMalfa, Mr. Carl, Mr. Newhouse, Mr. Latta,
Mr. Barr, Mr. Amodei, Ms. Stefanik, Mr. Allen, Mr. Johnson of Ohio, Mr.
Bilirakis, Mr. Meuser, Mr. Jackson of Texas, Mr. D'Esposito, Mr.
Lawler, Mr. LaLota, and Mr. Hudson) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To protect law enforcement officers, 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 ``Back the Blue Act of 2023''.
SEC. 2. PROTECTION OF LAW ENFORCEMENT OFFICERS.
(a) Killing of 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 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 statutory 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) commit, or attempt to or conspire to commit, murder
(within the meaning of section 1111(a)) or manslaughter (within
the meaning of section 1112(a)) against--
``(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) commit, or attempt to or conspire to commit, murder
(within the meaning of section 1111(a)) or manslaughter (within
the meaning of section 1112(a)) against 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 not less than 10 years or for
life, or, if death results, shall be sentenced to not less than 30
years and not more than life, or may be punished by death.''.
(2) Table of sections.--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 law enforcement officers.''.
(b) Assault of Law Enforcement Officers.--
(1) Offense.--Chapter 7 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 120. Assaults of law enforcement officers
``(a) Definition.--In this section, the term `federally funded
State or local law enforcement officer' means an individual involved in
crime and juvenile delinquency control or reduction, or enforcement of
the laws (including a police, corrections, probation, or parole
officer) who works for a public agency (that receives Federal financial
assistance) of a State of the United States or the District of
Columbia.
``(b) Offense.--It shall be unlawful to assault a federally funded
State or local law enforcement officer while engaged in or on account
of the performance of official duties, or assaults any person who
formerly served as a federally funded State or local law enforcement
officer on account of the performance of such person's official duties
during such service, or because of the actual or perceived status of
the person as a federally funded State or local law enforcement
officer.
``(c) Penalty.--Any person that violates subsection (b) shall be
subject to a fine under this title and--
``(1) if the assault resulted in bodily injury (as defined
in section 1365), shall be imprisoned not less than 2 years and
not more than 10 years;
``(2) if the assault resulted in substantial bodily injury
(as defined in section 113), shall be imprisoned not less than
5 years and not more than 20 years;
``(3) if the assault resulted in serious bodily injury (as
defined in section 1365), shall be imprisoned for not less than
10 years;
``(4) if a deadly or dangerous weapon was used during and
in relation to the assault, shall be imprisoned for not less
than 20 years; and
``(5) shall be imprisoned for not more than 1 year in any
other case.
``(d) Certification Requirement.--
``(1) In general.--No prosecution of any offense described
in this section may be undertaken by the United States, except
under the certification in writing of the Attorney General, or
a designee, that--
``(A) the State does not have jurisdiction;
``(B) the State has requested that the Federal
Government assume jurisdiction;
``(C) the verdict or sentence obtained pursuant to
State charges left demonstratively unvindicated the
Federal interest in eradicating bias-motivated
violence; or
``(D) a prosecution by the United States is in the
public interest and necessary to secure substantial
justice.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to limit the authority of Federal officers,
or a Federal grand jury, to investigate possible violations of
this section.
``(e) Statute of Limitations.--
``(1) Offenses not resulting in death.--Except as provided
in paragraph (2), no person shall be prosecuted, tried, or
punished for any offense under this section unless the
indictment for such offense is found, or the information for
such offense is instituted, not later than 7 years after the
date on which the offense was committed.
``(2) Offenses resulting in death.--An indictment or
information alleging that an offense under this section
resulted in death may be found or instituted at any time
without limitation.''.
(2) Table of sections.--The table of sections for chapter 7
of title 18, United States Code, is amended by adding at the
end the following:
``120. Assualts of law enforcement officers.''.
(c) Flight To Avoid Prosecution for Killing Law Enforcement
Officials.--
(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 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 not less than 10 years, in
addition to any other term of imprisonment for any other offense
relating to the conduct described in subsection (a).''.
(2) Table of sections.--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 law enforcement
officials.''.
SEC. 3. SPECIFIC AGGRAVATING FACTOR FOR FEDERAL DEATH PENALTY KILLING
OF LAW ENFORCEMENT OFFICER.
(a) 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 law enforcement officer, prosecutor,
judge, 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.''.
SEC. 4. LIMITATION ON FEDERAL HABEAS RELIEF FOR MURDERS OF LAW
ENFORCEMENT OFFICERS.
(a) Justice for Law Enforcement Officers and Their Families.--
(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 title I 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 paragraph and the amendments
made by this paragraph 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
paragraph 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
paragraph 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.
SEC. 5. SELF-DEFENSE RIGHTS FOR 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 law enforcement officers to carry firearms
``Any sworn 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, or
prosecution of any violation of law, or to supervise or secure the
safety of incarcerated inmates, may carry firearms if authorized by law
to do so. Such authority to carry firearms, with respect to the lawful
performance of the official duties of a sworn officer, agent, or
employee of a State or a political subdivision thereof, shall include
possession incident to depositing a firearm within a secure firearms
storage area for use by all persons who are authorized to carry a
firearm 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.''.
(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) of title 18, United
States Code, is amended by inserting ``or a qualified law enforcement
officer (as defined in section 926B(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) Table of Sections.--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 law enforcement officers to carry firearms.''.
(g) Further Amendment.--Section 930 of title 18, United States
Code, is amended--
(1) in subsection (d)--
(A) in paragraph (2), by striking ``or'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``or''; and
(C) by adding at the end the following:
``(4) the possession of a firearm or ammunition in a
Facility Security Level I or II civilian public access facility
by a qualified law enforcement officer (as defined in section
926B(c)) or a qualified retired law enforcement officer (as
defined in section 926C(c)).''; and
(2) in subsection (g), by adding at the end the following:
``(4) The term `Facility Security Level' means a security
risk assessment level assigned to a Federal facility by the
security agency of the facility in accordance with the
biannually issued Interagency Security Committee Standard.
``(5) The term `civilian public access facility' means a
facility open to the general public.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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