Protect Our Heroes Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1135 To protect Federal, State, and local public safety officers. IN THE SENATE OF THE UNITED STATES APRIL 10, 2019 Mr. SULLIVAN introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To protect Federal, State, and local public safety officers. 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 ‘‘Protect Our Heroes 4 Act of 2019’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) Law enforcement officers, first responders, 8 and public safety officials risk their lives every day 9 to serve and protect our neighborhoods and commu- 10 nities. 11 VerDate Sep 11 2014 23:33 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1135.IS S1135 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1135 IS (2) These men and women are true public serv- 1 ants who regularly sacrifice and encounter grave 2 daily harm. 3 (3) The families of law enforcement officers, 4 first responders, and public safety officials also sac- 5 rifice and contribute to their roles as guardians of 6 the public good. 7 (4) In recent times, it has become apparent 8 that these women and men are being targeted inten- 9 tionally by criminals in our society. 10 (5) Congress must do all it can to promote a 11 system of law and order which enables law enforce- 12 ment officers, first responders, and public safety of- 13 ficials to properly do their jobs. 14 SEC. 3. PROTECTION OF PUBLIC SAFETY OFFICERS. 15 (a) KILLING OF PUBLIC SAFETY OFFICERS.— 16 (1) OFFENSE.—Chapter 51 of title 18, United 17 States Code, is amended by adding at the end the 18 following: 19 ‘‘§ 1123. Killing of public safety officers 20 ‘‘(a) DEFINITIONS.—In this section— 21 ‘‘(1) the terms ‘Federal law enforcement officer’ 22 and ‘United States judge’ have the meanings given 23 those terms in section 115; 24 VerDate Sep 11 2014 23:33 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1135.IS S1135 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1135 IS ‘‘(2) the term ‘federally funded public safety of- 1 ficer’ means a public safety officer or judicial officer 2 for a public agency that— 3 ‘‘(A) receives Federal financial assistance; 4 and 5 ‘‘(B) is an agency of an entity that is a 6 State of the United States, the District of Co- 7 lumbia, the Commonwealth of Puerto Rico, the 8 Virgin Islands, Guam, American Samoa, the 9 Commonwealth of the Northern Mariana Is- 10 lands, or any territory or possession of the 11 United States, an Indian tribe, or a unit of 12 local government of that entity; 13 ‘‘(3) the term ‘firefighter’ includes an individual 14 serving as an officially recognized or designated 15 member of a legally organized volunteer fire depart- 16 ment and an officially recognized or designated pub- 17 lic employee member of a rescue squad or ambulance 18 crew; 19 ‘‘(4) the term ‘judicial officer’ means a judge or 20 other officer or employee of a court, including pros- 21 ecutors, court security, pretrial services officers, 22 court reporters, and corrections, probation, and pa- 23 role officers; 24 VerDate Sep 11 2014 23:33 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1135.IS S1135 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 1135 IS ‘‘(5) the term ‘law enforcement officer’ means 1 an individual, with arrest powers, involved in crime 2 or juvenile delinquency control or reduction or en- 3 forcement of the laws; 4 ‘‘(6) the term ‘public agency’ includes a court 5 system, the National Guard of a State to the extent 6 the personnel of that National Guard are not in 7 Federal service, and the defense forces of a State 8 authorized by section 109 of title 32; and 9 ‘‘(7) the term ‘public safety officer’ means an 10 individual serving a public agency in an official ca- 11 pacity, as a law enforcement officer, as a firefighter, 12 as a chaplain, or as a member of a rescue squad or 13 ambulance crew. 14 ‘‘(b) OFFENSE.—It shall be unlawful for any person 15 to— 16 ‘‘(1) kill, or attempt or conspire to kill— 17 ‘‘(A) a United States judge; 18 ‘‘(B) a Federal law enforcement officer; or 19 ‘‘(C) a federally funded public safety offi- 20 cer while that officer is engaged in official du- 21 ties, or on account of the performance of offi- 22 cial duties; or 23 ‘‘(2) kill a former United States judge, Federal 24 law enforcement officer, or federally funded public 25 VerDate Sep 11 2014 23:33 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1135.IS S1135 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 1135 IS safety officer on account of the past performance of 1 official duties. 2 ‘‘(c) PENALTY.— 3 ‘‘(1) IN GENERAL.—Any person that violates 4 subsection (b) shall be fined under this title and im- 5 prisoned for not less than 10 years or for life, or, 6 if death results, shall be sentenced to not less than 7 30 years and not more than life, or may be punished 8 by death. 9 ‘‘(2) ENHANCED PENALTY.—Any person that, 10 in the commission of a violation of subsection (b), 11 lures a public safety officer to a location for the pur- 12 pose of killing, or attempting to kill, the public safe- 13 ty officer shall, in addition to a penalty under para- 14 graph (1), be fined under this title and imprisoned 15 for not less than 5 years.’’. 16 (2) TABLE OF SECTIONS.—The table of sections 17 for chapter 51 of title 18, United States Code, is 18 amended by adding at the end the following: 19 ‘‘1123. Killing of public safety officers.’’. (b) ASSAULT OF PUBLIC SAFETY OFFICERS.— 20 (1) OFFENSE.—Chapter 7 of title 18, United 21 States Code, is amended by adding at the end the 22 following: 23 ‘‘§ 120. Assaults of public safety officers 24 ‘‘(a) DEFINITIONS.—In this section— 25 VerDate Sep 11 2014 23:33 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1135.IS S1135 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 1135 IS ‘‘(1) the term ‘federally funded public safety of- 1 ficer’ means a public safety officer or judicial officer 2 for a public agency that— 3 ‘‘(A) receives Federal financial assistance; 4 and 5 ‘‘(B) is an agency of an entity that is a 6 State of the United States, the District of Co- 7 lumbia, the Commonwealth of Puerto Rico, the 8 Virgin Islands, Guam, American Samoa, the 9 Commonwealth of the Northern Mariana Is- 10 lands, or any territory or possession of the 11 United States, an Indian tribe, or a unit of 12 local government of that entity; 13 ‘‘(2) the term ‘firefighter’ includes an individual 14 serving as an officially recognized or designated 15 member of a legally organized volunteer fire depart- 16 ment and an officially recognized or designated pub- 17 lic employee member of a rescue squad or ambulance 18 crew; 19 ‘‘(3) the term ‘judicial officer’ means a judge or 20 other officer or employee of a court, including pros- 21 ecutors, court security, pretrial services officers, 22 court reporters, and corrections, probation, and pa- 23 role officers; 24 VerDate Sep 11 2014 23:33 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1135.IS S1135 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 1135 IS ‘‘(4) the term ‘law enforcement officer’ means 1 an individual, with arrest powers, involved in crime 2 or juvenile delinquency control or reduction or en- 3 forcement of the laws; 4 ‘‘(5) the term ‘public agency’ includes a court 5 system, the National Guard of a State to the extent 6 the personnel of that National Guard are not in 7 Federal service, and the defense forces of a State 8 authorized by section 109 of title 32; and 9 ‘‘(6) the term ‘public safety officer’ means an 10 individual serving a public agency in an official ca- 11 pacity, as a law enforcement officer, as a firefighter, 12 as a chaplain, or as a member of a rescue squad or 13 ambulance crew. 14 ‘‘(b) OFFENSE.—It shall be unlawful to assault, or 15 attempt to assault, a federally funded public safety officer 16 while engaged in or on account of the performance of offi- 17 cial duties, or assaults any person who formerly served as 18 a federally funded public safety officer on account of the 19 performance of such person’s official duties during such 20 service, or because of the actual or perceived status of the 21 person as a federally funded public safety officer. 22 ‘‘(c) PENALTY.— 23 VerDate Sep 11 2014 23:33 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1135.IS S1135 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 1135 IS ‘‘(1) IN GENERAL.—Any person that violates 1 subsection (b) shall be subject to a fine under this 2 title and— 3 ‘‘(A) if the assault resulted in bodily injury 4 (as defined in section 1365), shall be impris- 5 oned not less than 2 years and not more than 6 10 years; 7 ‘‘(B) if the assault resulted in substantial 8 bodily injury (as defined in section 113), shall 9 be imprisoned not less than 5 years and not 10 more than 20 years; 11 ‘‘(C) if the assault resulted in serious bod- 12 ily injury (as defined in section 1365), shall be 13 imprisoned for not less than 10 years; 14 ‘‘(D) if a deadly or dangerous weapon was 15 used during and in relation to the assault, shall 16 be imprisoned for not less than 20 years; and 17 ‘‘(E) shall be imprisoned for not more than 18 1 year in any other case. 19 ‘‘(2) ENHANCED PENALTY.—Any person that, 20 in the commission of a violation of subsection (b), 21 lures a public safety officer to a location for the pur- 22 pose of assaulting, or attempting to assault, the pub- 23 lic safety officer shall, in addition to a penalty under 24 VerDate Sep 11 2014 23:33 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1135.IS S1135 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 1135 IS paragraph (1), be fined under this title and impris- 1 oned for not less than 5 years.’’. 2 (2) TABLE OF SECTIONS.—The table of sections 3 for chapter 7 of title 18, United States Code, is 4 amended by adding at the end the following: 5 ‘‘120. Assaults of public safety officers.’’. Æ VerDate Sep 11 2014 23:33 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\S1135.IS S1135 pamtmann on DSKBFK8HB2PROD with BILLS