Back the Blue Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 3080 To protect law enforcement officers, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 11, 2021 Mr. BACON (for himself, Mr. JOHNSON of Ohio, Mr. STIVERS, Mr. LAMALFA, Mr. CARL, Mr. LATTA, Mr. RESCHENTHALER, and Mr. AMODEI) intro- duced the following bill; which was referred to the Committee on the Ju- diciary A BILL To protect law enforcement officers, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Back the Blue Act 4 of 2021’’. 5 SEC. 2. PROTECTION OF LAW ENFORCEMENT OFFICERS. 6 (a) KILLING OF LAW ENFORCEMENT OFFICERS.— 7 (1) OFFENSE.—Chapter 51 of title 18, United 8 States Code, is amended by adding at the end the 9 following: 10 VerDate Sep 11 2014 03:18 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3080.IH H3080 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3080 IH ‘‘§ 1123. Killing of law enforcement officers 1 ‘‘(a) DEFINITIONS.—In this section— 2 ‘‘(1) the terms ‘Federal law enforcement officer’ 3 and ‘United States judge’ have the meanings given 4 those terms in section 115; 5 ‘‘(2) the term ‘federally funded public safety of- 6 ficer’ means a public safety officer or judicial officer 7 for a public agency that— 8 ‘‘(A) receives Federal financial assistance; 9 and 10 ‘‘(B) is an agency of an entity that is a 11 State of the United States, the District of Co- 12 lumbia, the Commonwealth of Puerto Rico, the 13 Virgin Islands, Guam, American Samoa, the 14 Commonwealth of the Northern Mariana Is- 15 lands, or any territory or possession of the 16 United States, an Indian tribe, or a unit of 17 local government of that entity; 18 ‘‘(3) the term ‘firefighter’ includes an individual 19 serving as an official recognized or designated mem- 20 ber of a legally organized volunteer fire department 21 and an officially recognized or designated public em- 22 ployee member of a rescue squad or ambulance crew; 23 ‘‘(4) the term ‘judicial officer’ means a judge or 24 other officer or employee of a court, including pros- 25 ecutors, court security, pretrial services officers, 26 VerDate Sep 11 2014 03:18 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3080.IH H3080 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3080 IH court reporters, and corrections, probation, and pa- 1 role officers; 2 ‘‘(5) the term ‘law enforcement officer’ means 3 an individual, with statutory arrest powers, involved 4 in crime or juvenile delinquency control or reduction 5 or enforcement of the laws; 6 ‘‘(6) the term ‘public agency’ includes a court 7 system, the National Guard of a State to the extent 8 the personnel of that National Guard are not in 9 Federal service, and the defense forces of a State 10 authorized by section 109 of title 32; and 11 ‘‘(7) the term ‘public safety officer’ means an 12 individual serving a public agency in an official ca- 13 pacity, as a law enforcement officer, as a firefighter, 14 as a chaplain, or as a member of a rescue squad or 15 ambulance crew. 16 ‘‘(b) OFFENSE.—It shall be unlawful for any person 17 to— 18 ‘‘(1) kill, or attempt or conspire to kill— 19 ‘‘(A) a United States judge; 20 ‘‘(B) a Federal law enforcement officer; or 21 ‘‘(C) a federally funded public safety offi- 22 cer while that officer is engaged in official du- 23 ties, or on account of the performance of offi- 24 cial duties; or 25 VerDate Sep 11 2014 03:18 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3080.IH H3080 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3080 IH ‘‘(2) kill a former United States judge, Federal 1 law enforcement officer, or federally funded public 2 safety officer on account of the past performance of 3 official duties. 4 ‘‘(c) PENALTY.—Any person that violates subsection 5 (b) shall be fined under this title and imprisoned for not 6 less than 10 years or for life, or, if death results, shall 7 be sentenced to not less than 30 years and not more than 8 life, or may be punished by death.’’. 9 (2) TABLE OF SECTIONS.—The table of sections 10 for chapter 51 of title 18, United States Code, is 11 amended by adding at the end the following: 12 ‘‘1123. Killing of law enforcement officers.’’. (b) ASSAULT OF LAW ENFORCEMENT OFFICERS.— 13 (1) OFFENSE.—Chapter 7 of title 18, United 14 States Code, is amended by adding at the end the 15 following: 16 ‘‘§ 120. Assaults of law enforcement officers 17 ‘‘(a) DEFINITION.—In this section, the term ‘feder- 18 ally funded State or local law enforcement officer’ means 19 an individual involved in crime and juvenile delinquency 20 control or reduction, or enforcement of the laws (including 21 a police, corrections, probation, or parole officer) who 22 works for a public agency (that receives Federal financial 23 assistance) of a State of the United States or the District 24 of Columbia. 25 VerDate Sep 11 2014 03:18 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3080.IH H3080 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3080 IH ‘‘(b) OFFENSE.—It shall be unlawful to assault a fed- 1 erally funded State or local law enforcement officer while 2 engaged in or on account of the performance of official 3 duties, or assaults any person who formerly served as a 4 federally funded State or local law enforcement officer on 5 account of the performance of such person’s official duties 6 during such service, or because of the actual or perceived 7 status of the person as a federally funded State or local 8 law enforcement officer. 9 ‘‘(c) PENALTY.—Any person that violates subsection 10 (b) shall be subject to a fine under this title and— 11 ‘‘(1) if the assault resulted in bodily injury (as 12 defined in section 1365), shall be imprisoned not less 13 than 2 years and not more than 10 years; 14 ‘‘(2) if the assault resulted in substantial bodily 15 injury (as defined in section 113), shall be impris- 16 oned not less than 5 years and not more than 20 17 years; 18 ‘‘(3) if the assault resulted in serious bodily in- 19 jury (as defined in section 1365), shall be impris- 20 oned for not less than 10 years; 21 ‘‘(4) if a deadly or dangerous weapon was used 22 during and in relation to the assault, shall be im- 23 prisoned for not less than 20 years; and 24 VerDate Sep 11 2014 03:18 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3080.IH H3080 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3080 IH ‘‘(5) shall be imprisoned for not more than 1 1 year in any other case. 2 ‘‘(d) CERTIFICATION REQUIREMENT.— 3 ‘‘(1) IN GENERAL.—No prosecution of any of- 4 fense described in this section may be undertaken by 5 the United States, except under the certification in 6 writing of the Attorney General, or a designee, 7 that— 8 ‘‘(A) the State does not have jurisdiction; 9 ‘‘(B) the State has requested that the Fed- 10 eral Government assume jurisdiction; 11 ‘‘(C) the verdict or sentence obtained pur- 12 suant to State charges left demonstratively 13 unvindicated the Federal interest in eradicating 14 bias-motivated violence; or 15 ‘‘(D) a prosecution by the United States is 16 in the public interest and necessary to secure 17 substantial justice. 18 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 19 this subsection shall be construed to limit the au- 20 thority of Federal officers, or a Federal grand jury, 21 to investigate possible violations of this section. 22 ‘‘(e) STATUTE OF LIMITATIONS.— 23 ‘‘(1) OFFENSES NOT RESULTING IN DEATH.— 24 Except as provided in paragraph (2), no person shall 25 VerDate Sep 11 2014 03:18 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3080.IH H3080 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3080 IH be prosecuted, tried, or punished for any offense 1 under this section unless the indictment for such of- 2 fense is found, or the information for such offense 3 is instituted, not later than 7 years after the date 4 on which the offense was committed. 5 ‘‘(2) OFFENSES RESULTING IN DEATH.—An in- 6 dictment or information alleging that an offense 7 under this section resulted in death may be found or 8 instituted at any time without limitation.’’. 9 (2) TABLE OF SECTIONS.—The table of sections 10 for chapter 7 of title 18, United States Code, is 11 amended by adding at the end the following: 12 ‘‘120. Killing of law enforcement officers.’’. (c) FLIGHT TO AVOID PROSECUTION FOR KILLING 13 LAW ENFORCEMENT OFFICIALS.— 14 (1) OFFENSE.—Chapter 49 of title 18, United 15 States Code, is amended by adding at the end the 16 following: 17 ‘‘§ 1075. Flight to avoid prosecution for killing law 18 enforcement officials 19 ‘‘(a) OFFENSE.—It shall be unlawful for any person 20 to move or travel in interstate or foreign commerce with 21 intent to avoid prosecution, or custody or confinement 22 after conviction, under the laws of the place from which 23 the person flees or under section 1114 or 1123, for a crime 24 consisting of the killing, an attempted killing, or a con- 25 VerDate Sep 11 2014 03:18 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3080.IH H3080 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3080 IH spiracy to kill a Federal judge or Federal law enforcement 1 officer (as those terms are defined in section 115), or a 2 federally funded public safety officer (as that term is de- 3 fined in section 1123). 4 ‘‘(b) PENALTY.—Any person that violates subsection 5 (a) shall be fined under this title and imprisoned for not 6 less than 10 years, in addition to any other term of impris- 7 onment for any other offense relating to the conduct de- 8 scribed in subsection (a).’’. 9 (2) TABLE OF SECTIONS.—The table of sections 10 for chapter 49 of title 18, United States Code, is 11 amended by adding at the end the following: 12 ‘‘1075. Flight to avoid prosecution for killing law enforcement officials.’’. SEC. 3. SPECIFIC AGGRAVATING FACTOR FOR FEDERAL 13 DEATH PENALTY KILLING OF LAW ENFORCE- 14 MENT OFFICER. 15 (a) AGGRAVATING FACTORS FOR HOMICIDE.—Sec- 16 tion 3592(c) of title 18, United States Code, is amended 17 by inserting after paragraph (16) the following: 18 ‘‘(17) KILLING OF A LAW ENFORCEMENT OFFI- 19 CER, PROSECUTOR, JUDGE, OR FIRST RESPONDER.— 20 The defendant killed or attempted to kill a person 21 who is authorized by law— 22 ‘‘(A) to engage in or supervise the preven- 23 tion, detention, or investigation of any criminal 24 violation of law; 25 VerDate Sep 11 2014 03:18 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3080.IH H3080 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3080 IH ‘‘(B) to arrest, prosecute, or adjudicate an 1 individual for any criminal violation of law; or 2 ‘‘(C) to be a firefighter or other first re- 3 sponder.’’. 4 SEC. 4. LIMITATION ON FEDERAL HABEAS RELIEF FOR 5 MURDERS OF LAW ENFORCEMENT OFFICERS. 6 (a) JUSTICE FOR LAW ENFORCEMENT OFFICERS 7 AND THEIR FAMILIES.— 8 (1) IN GENERAL.—Section 2254 of title 28, 9 United States Code, is amended by adding at the 10 end the following: 11 ‘‘(j)(1) For an application for a writ of habeas corpus 12 on behalf of a person in custody pursuant to the judgment 13 of a State court for a crime that involved the killing of 14 a public safety officer (as that term is defined in section 15 1204 of title I of the Omnibus Crime Control and Safe 16 Streets Act of 1968 (42 U.S.C. 3796b)) or judge, while 17 the public safety officer or judge was engaged in the per- 18 formance of official duties, or on account of the perform- 19 ance of official duties by or status as a public safety officer 20 or judge of the public safety officer or judge— 21 ‘‘(A) the application shall be subject to the time 22 limitations and other requirements under sections 23 2263, 2264, and 2266; and 24 VerDate Sep 11 2014 03:18 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3080.IH H3080 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3080 IH ‘‘(B) the court shall not consider claims relating 1 to sentencing that were adjudicated in a State court. 2 ‘‘(2) Sections 2251, 2262, and 2101 are the exclusive 3 sources of authority for Federal courts to stay a sentence 4 of death entered by a State court in a case described in 5 paragraph (1).’’. 6 (2) RULES.—Rule 11 of the Rules Governing 7 Section 2254 Cases in the United States District 8 Courts is amended by adding at the end the fol- 9 lowing: ‘‘Rule 60(b)(6) of the Federal Rules of Civil 10 Procedure shall not apply to a proceeding under 11 these rules in a case that is described in section 12 2254(j) of title 28, United States Code.’’. 13 (3) FINALITY OF DETERMINATION.—Section 14 2244(b)(3)(E) of title 28, United States Code, is 15 amended by striking ‘‘the subject of a petition’’ and 16 all that follows and inserting: ‘‘reheard in the court 17 of appeals or reviewed by writ of certiorari.’’. 18 (4) EFFECTIVE DATE AND APPLICABILITY.— 19 (A) IN GENERAL.—This paragraph and the 20 amendments made by this paragraph shall 21 apply to any case pending on or after the date 22 of enactment of this Act. 23 (B) TIME LIMITS.—In a case pending on 24 the date of enactment of this Act, if the amend- 25 VerDate Sep 11 2014 03:18 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3080.IH H3080 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3080 IH ments made by this paragraph impose a time 1 limit for taking certain action, the period of 2 which began before the date of enactment of 3 this Act, the period of such time limit shall 4 begin on the date of enactment of this Act. 5 (C) EXCEPTION.—The amendments made 6 by this paragraph shall not bar consideration 7 under section 2266(b)(3)(B) of title 28, United 8 States Code, of an amendment to an application 9 for a writ of habeas corpus that is pending on 10 the date of enactment of this Act, if the amend- 11 ment to the petition was adjudicated by the 12 court prior to the date of enactment of this Act. 13 SEC. 5. SELF-DEFENSE RIGHTS FOR LAW ENFORCEMENT 14 OFFICERS. 15 (a) IN GENERAL.—Chapter 203 of title 18, United 16 States Code, is amended by inserting after section 3053 17 the following: 18 ‘‘§ 3054. Authority of law enforcement officers to 19 carry firearms 20 ‘‘Any sworn officer, agent, or employee of the United 21 States, a State, or a political subdivision thereof, who is 22 authorized by law to engage in or supervise the prevention, 23 detection, investigation, or prosecution of any violation of 24 law, or to supervise or secure the safety of incarcerated 25 VerDate Sep 11 2014 03:18 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3080.IH H3080 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 3080 IH [Text truncated for display. Full text available on Congress.gov.]