,,ii #aafth ,,congress #ast ,session ,s4 #adhj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ae1 #bjai,mr4 ,cornyn 7for himself1 ,mr4 ,cruz1 ,mr4 ,tillis1 ,mr4 ,rubio1 ,mr4 ,boozman1 ,mr4 ,barrasso1 ,mr4 ,perdue1 ,mrs4 ,blackburn1 ,mrs4 ,fischer1 ,mrs4 ,capito1 ,mr4 ,portman1 ,mr4 ,cassidy1 ,mr4 ,blunt1 ,mrs4 ,hyde-,smith1 and ,mr4 ,daines7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to protect law enforcement officers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,back the ,blue ,act of #bjai4 #b4 ,protection of law enforcement officers 7a7 ,killing of 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 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 not less than #aj years or for life1 or1 if death results1 shall be sentenced to not less than #cj years and not more than life1 or may be punished by death4 4 7#b7 ,table of sections ,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 law enforcement officers4 4 7b7 ,assault of law enforcement officers 7#a7 ,offense ,chapter #g of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #abj4 ,assaults of law enforcement officers 7a7 ,definition ,in this section1 the term federally funded ,state or local law enforcement officer means an individual involved in crime and juvenile delinquency control or reduction1 or enforcement of the laws 7including a police1 corrections1 probation1 or parole officer7 who works for a public agency 7that receives ,federal financial assistance7 of a ,state of the ,united ,states or the ,district of ,columbia4 7b7 ,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 duties1 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 service1 or because of the actual or perceived status of the person as a federally funded ,state or local law enforcement officer4 7c7 ,penalty ,any person that violates subsection 7b7 shall be subject to a fine under this title and-- 7#a7 if the assault resulted in bodily injury 7as defined in section #acfe71 shall be imprisoned not less than #b years and not more than #aj years2 7#b7 if the assault resulted in substantial bodily injury 7as defined in section #aac71 shall be imprisoned not less than #e years and not more than #bj years2 7#c7 if the assault resulted in serious bodily injury 7as defined in section #acfe71 shall be imprisoned for not less than #aj years2 7#d7 if a deadly or dangerous weapon was used during and in relation to the assault1 shall be imprisoned for not less than #bj years2 and 7#e7 shall be imprisoned for not more than #a year in any other case4 7d7 ,certification requirement 7#a7 ,in general ,no prosecution of any offense described in this section may be undertaken by the ,united ,states1 except under the certification in writing of the ,attorney ,general1 or a designee1 that-- 7,a7 the ,state does not have jurisdiction2 7,b7 the ,state has requested that the ,federal ,government assume jurisdiction2 7,c7 the verdict or sentence obtained pursuant to ,state charges left demonstratively unvindicated the ,federal interest in eradicating bias-motivated violence2 or 7,d7 a prosecution by the ,united ,states is in the public interest and necessary to secure substantial justice4 7#b7 ,rule of construction ,nothing in this subsection shall be construed to limit the authority of ,federal officers1 or a ,federal grand jury1 to investigate possible violations of this section4 7e7 ,statute of limitations 7#a7 ,offenses not resulting in death ,except as provided in paragraph 7#b71 no person shall be prosecuted1 tried1 or punished for any offense under this section unless the indictment for such offense is found1 or the information for such offense is instituted1 not later than #g years after the date on which the offense was committed4 7#b7 ,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 limitation4 4 7#b7 ,table of sections ,the table of sections for chapter #g of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #abj4 ,killing of law enforcement officers4 4 7c7 ,flight ,to avoid prosecution for killing law enforcement officials 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 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 not less than #aj years1 in addition to any other term of imprisonment for any other offense relating to the conduct described in subsection 7a74 4 7#b7 ,table of sections ,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 law enforcement officials4 4 #c4 ,specific aggravating factor for ,federal death penalty killing of law enforcement officer 7a7 ,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 law enforcement officer1 prosecutor1 judge1 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 #d4 ,limitation on ,federal habeas relief for murders of law enforcement officers 7a7 ,justice for law enforcement officers and their families 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 title ,i 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 paragraph and the amendments made by this paragraph 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 paragraph 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 paragraph 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 #e4 ,limitation on recovery of certain damages for individuals engaged in felonies or crimes 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 8except 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 8except 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 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 law enforcement officers to carry firearms ,any sworn 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 or prosecution of any violation of law1 or to supervise or secure the safety of incarcerated inmates1 may carry firearms if authorized by law to do so4 ,such authority to carry firearms1 with respect to the lawful performance of the official duties of a sworn officer1 agent1 or employee of a ,state or a political subdivision thereof1 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 facility1 as those terms are defined under section #icj1 and any grounds appurtenant to such a facility4 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 or a qualified law enforcement officer 7as defined in section #ibf;,b7c77 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 ,table of sections ,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 law enforcement officers to carry firearms4 4 #g4 ,improving the relationship between law enforcement agencies and the communities they serve 7a7 ,in general ,for each of fiscal years #bjbj through #bjbd1 the ,attorney ,general using covered amounts shall1 using such amounts as are necessary not to exceed #bj1jjj1jjj1 award grants to ,state1 local1 or tribal law enforcement agencies and appropriate nongovernmental organizations to-- 7#a7 promote trust and ensure legitimacy among law enforcement agencies and the communities they serve through procedural reforms1 transparency1 and accountability2 7#b7 develop comprehensive and responsive policies on key topics relevant to the relationship between law enforcement agencies and the communities they serve2 7#c7 balance the embrace of technology and digital communications with local needs1 privacy1 assessments1 and monitoring2 7#d7 encourage the implementation of policies that support community-based partnerships in the reduction of crime2 7#e7 emphasize the importance of high quality and effective training and education through partnerships with local and national training facilities2 and 7#f7 endorse practices that support officer wellness and safety through the re-evaluation of officer shift hours1 including data collection and analysis4 7b7 ,covered amounts defined ,in this section1 the term covered amounts means-- 7#a7 any unobligated balances made available under the heading ,,general ,,administration under the heading ,,department ,,of ,,justice in an appropriations ,act in a fiscal year2 7#b7 any amounts made available for an ,edward ,byrne ,memorial criminal justice innovation program under the heading ,,state ,,and ,,local ,,law ,,enforcement ,,assistance under the heading ,,office ,,of ,,justice ,,programs under the heading ,,department ,,of ,,justice in an appropriations ,act in a fiscal year2 or 7#c7 any combination of amounts described in paragraphs 7#a7 and 7#b74