,,ii #aacth ,,congress #ast ,session ,s4 #fih ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #aj1 #bjac ,mr4 ,cornyn introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to protect prosecutors1 judges1 law enforcement officers1 and their families4 #a4 ,short title ,this ,act may be cited as the ,line of ,duty ,act of #bjac4 #b4 ,protection for prosecutors and judges 7a7 ,modifications to the community oriented policing services program ,section #agja7;b7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;dd7b77 is amended-- 7#a7 in paragraph 7#af71 by striking and at the end2 7#b7 by redesignating paragraph 7#ag7 as paragraph 7#ah72 7#c7 by inserting after paragraph 7#af7 the following3 7#ah7 to train and provide security details for prosecutors and judges1 including their immediate families1 involved in cases that raise substantial concerns of retaliation or intimidation through violent acts2 and 2 and 7#d7 in paragraph 7#ah71 as so redesignated1 by striking 7#af7 and inserting 7#ag74 7b7 ,modifications to the edward byrne memorial justice assistance grant program ,section #eja7;a77#a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgea7;a77#a77 is amended by adding at the end the following3 7,h7 ,prosecutorial and judicial security details and programs4 4 #c4 ,justice for prosecutors1 judges1 law enforcement officers1 and their families 7a7 ,killing of prosecutors1 judges1 and law enforcement officers 7#a7 ,offense ,chapter #ea of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #aabc4 ,killing of federally funded prosecutors1 judges1 and law enforcement officers 7a7 ,definitions ,in this section-- 7#a7 the terms ,federal law enforcement officer and ,united ,states judge have the meanings given those terms in section #aae2 7#b7 the term federally funded public safety officer means a public safety officer or judicial officer for a public agency that-- 7,a7 receives ,federal financial assistance2 and 7,b7 is an agency of an entity that is a ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,virgin ,islands1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 or any territory or possession of the ,united ,states1 an ,indian tribe1 or a unit of local government of that entity2 7#c7 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 crew2 7#d7 the term judicial officer means a judge or other officer or employee of a court1 including prosecutors1 court security1 pretrial services officers1 court reporters1 and corrections1 probation1 and parole officers2 7#e7 the term law enforcement officer means an individual1 with arrest powers1 involved in crime or juvenile delinquency control or reduction or enforcement of the laws2 7#f7 the term public agency includes a court system1 the ,national ,guard of a ,state to the extent the personnel of that ,national ,guard are not in ,federal service1 and the defense forces of a ,state authorized by section #aji of title #cb2 and 7#g7 the term public safety officer means an individual serving a public agency in an official capacity1 as a law enforcement officer1 as a firefighter1 as a chaplain1 or as a member of a rescue squad or ambulance crew4 7b7 ,offense ,it shall be unlawful for any person to-- 7#a7 kill1 or attempt or conspire to kill-- 7,a7 a ,united ,states judge2 7,b7 a ,federal law enforcement officer2 or 7,c7 a federally funded public safety officer while that officer is engaged in official duties1 or on account of the performance of official duties2 or 7#b7 kill a former ,united ,states judge1 ,federal law enforcement officer1 or federally funded public safety officer on account of the past performance of official duties4 7c7 ,penalty ,any person that violates subsection 7b7 shall be fined under this title and imprisoned for any term of years not less than #cj1 or for life1 or1 if death results and the offender is prosecuted as a principal1 may be sentenced to death4 4 7#b7 ,clerical amendment ,the table of sections for chapter #ea of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #aabc4 ,killing of federally funded prosecutors1 judges1 and law enforcement officers4 4 7b7 ,fugitives from justice 7#a7 ,offense ,chapter #di of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ajge4 ,flight to avoid prosecution for killing prosecutors1 judges1 and law enforcement officials 7a7 ,offense ,it shall be unlawful for any person to move or travel in interstate or foreign commerce with intent to avoid prosecution1 or custody or confinement after conviction1 under the laws of the place from which the person flees or under section #aaad or #aabc1 for a crime consisting of the killing1 an attempted killing1 or a conspiracy to kill a ,federal judge or ,federal law enforcement officer 7as those terms are defined in section #aae71 or a federally funded public safety officer 7as that term is defined in section #aabc74 7b7 ,penalty ,any person that violates subsection 7a7 shall be fined under this title and imprisoned for any term of years not less than #aj1 in addition to any other term of imprisonment for any other offense relating to the conduct described in subsection 7a74 4 7#b7 ,clerical amendment ,the table of sections for chapter #di of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ajge4 ,flight to avoid prosecution for killing prosecutors1 judges1 and law enforcement officials4 4 7c7 ,aggravating factors for homicide ,section #ceib7;c7 of title #ah1 ,united ,states ,code1 is amended by inserting after paragraph 7#af7 the following3 7#ag7 ,killing of a prosecutor1 judge1 law enforcement officer1 or first responder ,the defendant killed or attempted to kill a person who is authorized by law-- 7,a7 to engage in or supervise the prevention1 detention1 or investigation of any criminal violation of law2 7,b7 to arrest1 prosecute1 or adjudicate an individual for any criminal violation of law2 or 7,c7 to be a firefighter or other first responder4 4 7d7 ,federal review of ,state conviction for murder of a law enforcement officer or judge 7#a7 ,in general ,section #bbed of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7j7 7#a7 ,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 7as that term is defined in section #abjd of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;b77 or judge1 while the public safety officer or judge was engaged in the performance of official duties1 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-- 7,a7 the application shall be subject to the time limitations and other requirements under sections #bbfc1 #bbfd1 and #bbff2 and 7,b7 the court shall not consider claims relating to sentencing that were adjudicated in a ,state court4 7#b7 ,sections #bbea1 #bbfb1 and #baja 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 7#a74 4 7#b7 ,rules ,rule #aa of the ,rules ,governing ,section #bbed ,cases in the ,united ,states ,district ,courts is amended by adding at the end the following3 ,rule #fj7;b77#f7 of the ,federal ,rules of ,civil ,procedure shall not apply to a proceeding under these rules in a case that is described in section #bbed7;j7 of title #bh1 ,united ,states ,code44 7#c7 ,finality of determination ,section #bbdd7;b77#c77;,e7 of title #bh1 ,united ,states ,code1 is amended by striking the subject of a petition and all that follows and inserting3 reheard in the court of appeals or reviewed by writ of certiorari44 7#d7 ,effective date and applicability 7,a7 ,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 ,act4 7,b7 ,time limits ,in a case pending on the date of enactment of this ,act1 if the amendments made by this section impose a time limit for taking certain action1 the period of which began before the date of enactment of this ,act1 the period of such time limit shall begin on the date of enactment of this ,act4 7,c7 ,exception ,the amendments made by this section shall not bar consideration under section #bbff7;b77#c77;,b7 of title #bh1 ,united ,states ,code1 of an amendment to an application for a writ of habeas corpus that is pending on the date of enactment of this ,act1 if the amendment to the petition was adjudicated by the court prior to the date of enactment of this ,act4 7e7 ,special penalties for assaulting a ,federal prosecutor1 judge1 or law enforcement officer 7#a7 ,in general ,section #aaa of title #ah1 ,united ,states ,code1 is amended to read as follows3 #aaa4 ,assaulting or interfering with certain officers or employees 7a7 ,officers and employees 7#a7 ,in general ,it shall be unlawful for any person to-- 7,a7 assault or interfere with an officer or employee described in section #aaad1 while such officer or employee is engaged in1 or on account of the performance of1 official duties2 7,b7 assault or interfere with an individual who formerly served as an officer or employee described in section #aaad on account of the performance of official duties2 or 7,c7 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 #aaad4 7#b7 ,penalty ,any person who violates paragraph 7#a71 shall be-- 7,a7 fined under this title2 7,b7 7i7 in the case of an interference or a simple assault1 imprisoned for not more than #a year2 7ii7 in the case of an assault involving actual physical contact or the intent to commit any other felony1 imprisoned for not more than #aj years2 7iii7 in the case of an assault resulting in bodily injury1 imprisoned for not more than #bj years2 or 7iv7 in the case of an assault resulting in substantial bodily injury 7as that term is defined in section #aac71 or if a dangerous weapon was used or possessed during and in relation to the offense 7including a weapon intended to cause death or danger but that fails to do so by reason of a defective component71 imprisoned for not more than #cj years2 or 7,c7 fined under subparagraph 7,a7 and imprisoned under subparagraph 7,b74 7b7 ,law enforcement officers and judges 7#a7 ,in general 7,a7 ,substantial bodily injury ,if the victim of an assault punishable under this section is a ,federal law enforcement officer or a ,united ,states judge 7as those terms are defined in section #aae7 and the assault resulted in substantial bodily injury 7as that term is defined in section #aac71 the offender shall be punished by a fine under this title and imprisonment for not less #e years nor more than #cj years4 7,b7 ,serious bodily injury ,if the victim of an assault punishable under this section is a ,federal law enforcement officer or a ,united ,states judge 7as those terms are defined in section #aae7 and the assault resulted in serious bodily injury 7as that term is defined in section #baai7b771 or a dangerous weapon was used or possessed during and in relation to the offense1 the offender shall be punished by a fine under this title and imprisonment for any term of years not less than #aj or for life4 7#b7 ,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 episode4 4 7#b7 ,technical and conforming amendment ,the table of sections for chapter #g of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #aaa and inserting the following3 #aaa4 ,assaulting or interfering with certain officers or employees4 4 7f7 ,special penalties for retaliating against a ,federal prosecutor1 judge1 or law enforcement officer by murdering or assaulting a family member 7#a7 ,in general ,section #aae of title #ah1 ,united ,states ,code1 is amended-- 7,a7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 and 7,b7 by inserting after subsection 7b7 the following3 7c7 7#a7 ,if an offense punishable under this section is committed with the intent to impede1 intimidate1 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 duties1 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 duties1 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 judge1 the offender shall be punished-- 7,a7 in the case of murder1 attempted murder1 conspiracy to murder1 or manslaughter1 as provided in section #aaad7a72 7,b7 in the case of kidnapping1 attempted kidnapping1 or conspiracy to kidnap1 as provided in section #abja7;a72 7,c7 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 offense1 as provided for a comparable offense against a ,federal law enforcement officer or ,united ,states judge under section #aaa2 and 7,d7 in the case of any other assault or threat1 by a fine under this title and imprisonment for not more than #aj years4 7#b7 ,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 episode4 4 7#b7 ,technical and conforming amendments 7,a7 ,section #aai7;b77#d7 of title #ah1 ,united ,states ,code1 is amended by striking section #aae7;c77#b7 and inserting section #aae4 7,b7 ,section #bbcg7;e77#a7 of title #ah1 ,united ,states ,code1 is amended by striking in section #aae7;c7 and inserting in section #aae4 7,c7 ,section #e7;a7 of the ,act entitled #8#8,an ,act to promote the development of ,indian arts and crafts and to create a board to assist therein1 and for other purposes'' 7#be ,u4,s4,c4 #cje;d7 is amended by striking in section #aae7;c7 and inserting in section #aae4 #d4 ,self-defense rights for prosecutors1 judges1 and law enforcement officers 7a7 ,in general ,chapter #bjc of title #ah1 ,united ,states ,code1 is amended by inserting after section #cjec the following3 #cjed4 ,authority of judges1 prosecutors1 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 firearms1 any officer1 agent1 or employee of the ,united ,states1 a ,state1 or a political subdivision thereof1 who is authorized by law to engage in or supervise the prevention1 detection1 investigation1 prosecution1 or adjudication of any violation of law may carry firearms4 ,such authority to carry firearms shall extend1 but not be limited to presence within any building or structure classified as a ,federal facility or ,federal court facility1 as those terms are defined under section #icj1 and any grounds appurtenant to such a facility1 where such possession is otherwise authorized by law and incident to the lawful performance of the official duties of that person4 4 7b7 ,carrying of concealed firearms by qualified law enforcement officers ,section #ibf;,b7e77#b7 of title #ah1 ,united ,states ,code1 is amended by inserting any magazine and after includes4 7c7 ,carrying of concealed firearms by qualified retired law enforcement officers ,section #ibf;,c7e77#a77;,b7 of title #ah1 ,united ,states ,code1 is amended by inserting any magazine and after includes4 7d7 ,school zones ,section #ibb7q77#b77;,b77vi7 title #ah1 ,united ,states ,code1 is amended by inserting 1 a qualified law enforcement officer 7as defined in section #ibf;,b7c771 or a qualified retired law enforcement officer 7as defined in section #ibf;,c7c77 before the semicolon4 7e7 ,regulations required ,not later than #fj days after the date of enactment of this ,act1 the ,attorney ,general shall promulgate regulations allowing persons described in section #cjed of title #ah1 ,united ,states ,code1 to possess firearms in a manner described by that section4 ,with respect to ,federal justices1 judges1 bankruptcy judges1 and magistrate judges1 such regulations shall be prescribed after consultation with the ,judicial ,conference of the ,united ,states4 7f7 ,technical and conforming amendment ,the table of sections for chapter #bjc of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #cjec the following3 #cjed4 ,authority of judges1 prosecutors1 and law enforcement officers to carry firearms4 4 #e4 ,limitation on damages incurred during commission of a felony or crime of violence 7a7 ,in general ,section #aigi of the ,revised ,statutes 7#db ,u4,s4,c4 #aihc7 is amended by-- 7#a7 striking except that in any action and all that follows through relief was unavailable4 and inserting the following3 except that-- 7#a7 in any action brought against a judicial officer for an act or omission taken in the judicial capacity of that officer1 injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable2 and 7#b7 in any action seeking redress for any deprivation that was incurred in the course of1 or as a result of1 or is related to1 conduct by the injured party that1 more likely than not1 constituted a felony or a crime of violence 7as that term is defined in section #af of title #ah1 ,united ,states ,code7 7including any deprivation in the course of arrest or apprehension for1 or the investigation1 prosecution1 or adjudication of1 such an offense71 a court may not award damages other than for necessary out-of-pocket expenditures and other monetary loss4 2 and 7#b7 indenting the last sentence as an undesignated paragraph4 7b7 ,attorney's fees ,section #gbb7;b7 of the ,revised ,statutes 7#db ,u4,s4,c4 #aihh7;b77 is amended by striking except that in any action and all that follows and inserting the following3 except that-- 7#a7 in any action brought against a judicial officer for an act or omission taken in the judicial capacity of that officer1 such officer shall not be held liable for any costs1 including attorneys fees1 unless such action was clearly in excess of the jurisdiction of that officer2 and 7#b7 in any action seeking redress for any deprivation that was incurred in the course of1 or as a result of1 or is related to1 conduct by the injured party that1 more likely than not1 constituted a felony or a crime of violence 7as that term is defined in section #af of title #ah1 ,united ,states ,code7 7including any deprivation in the course of arrest or apprehension for1 or the investigation1 prosecution1 or adjudication of1 such an offense71 the court may not allow such party to recover attorney's fees4 4 #f4 ,self-defense rights for ,federal correctional workers 7a7 ,in general ,chapter #cjc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #djdi4 ,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 firearm1 or allow such persons to store firearms in a vehicle lockbox approved by the ,director4 4 7b7 ,clerical amendment ,the table of sections for chapter #cjc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #djdi4 ,secure firearms storage for ,federal correctional workers4 4