Federal

Defending Our Defenders Act

Source: Congress.gov · 999 words in original text

What This Bill Does

This bill adds a new federal crime for murdering law enforcement officers. It allows judges to sentence people to life in prison or death if they kill a federal, state or local law enforcement officer while that officer is doing their job.

Who It Affects

People who commit murder against law enforcement officers. Federal, state and local law enforcement agencies and officers.

Key Provisions

• Anyone who murders a federal law enforcement officer while the officer is performing official duties can be punished by death or life imprisonment (Sec. 2(a)). • Anyone who travels across state lines or uses interstate facilities like mail or phones with intent to murder a state or local law enforcement officer, or uses a weapon that traveled across state lines to commit such murder, can be punished by death or life imprisonment (Sec. 2(b)). • When deciding whether to give a death sentence, judges or juries must consider specific aggravating factors (increased severity factors) including: ambush attacks, prior statements promoting violence against officers, membership in violent organizations, committing the crime during organized anti-law enforcement activity, attempting to prevent lawful arrests, and prior threats against officers (Sec. 2(c)). • State and local governments keep their own authority to prosecute these crimes under their own laws (Sec. 2(d)).

What Changes

A new section of federal law is created making murder of law enforcement officers a federal crime with potential death penalty or life sentence penalties.

Important Definitions

The bill references the definition of "law enforcement officer" found in the Law Enforcement Congressional Badge of Bravery Act of 2008. No other definitions are provided in this bill text.

II 118TH CONGRESS 1ST SESSION S. 868 To amend title 18, United States Code, to make the murder of a Federal, State, or local law enforcement officer a crime punishable by life in prison or death. IN THE SENATE OF THE UNITED STATES MARCH 16, 2023 Mr. COTTON introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to make the murder of a Federal, State, or local law enforcement officer a crime punishable by life in prison or death. 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 ‘‘Defending Our De- 4 fenders Act’’. 5 SEC. 2. MURDER OF LAW ENFORCEMENT OFFICERS. 6 (a) IN GENERAL.—Chapter 51 of title 18, United 7 States Code, is amended by adding at the end the fol- 8 lowing: 9 VerDate Sep 11 2014 01:22 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S868.IS S868 kjohnson on DSK79L0C42PROD with BILLS 2 •S 868 IS ‘‘§ 1123. Murder of law enforcement officers 1 ‘‘(a) FEDERAL LAW ENFORCEMENT OFFICERS.—In 2 the case of an individual who commits an offense described 3 in section 1111 and the victim of the offense is a Federal 4 law enforcement officer (as defined in section 2 of the Law 5 Enforcement Congressional Badge of Bravery Act of 2008 6 (34 U.S.C. 50301)) acting in the course of the official du- 7 ties of the officer, the individual shall be punished by 8 death or by imprisonment for life. 9 ‘‘(b) STATE AND LOCAL LAW ENFORCEMENT OFFI- 10 CERS.—In the case of an individual who travels in inter- 11 state or foreign commerce or uses any facility of interstate 12 or foreign commerce, including the mail, telephone, radio, 13 or television, with the intent to commit an offense de- 14 scribed in section 1111 or who uses a weapon or instru- 15 ment that has traveled in interstate or foreign commerce 16 to commit said offense, and the victim of the offense is 17 a State or local law enforcement officer (as defined in sec- 18 tion 2 of the Law Enforcement Congressional Badge of 19 Bravery Act of 2008 (34 U.S.C. 50301)) acting in the 20 course of the official duties of the officer, the individual 21 shall be punished by death or by imprisonment for life. 22 ‘‘(c) AGGRAVATING FACTORS.—In determining 23 whether a sentence of death is to be imposed on a defend- 24 ant convicted of an offense described in subsection (a) or 25 (b), the jury, or if there is no jury, the court, shall con- 26 VerDate Sep 11 2014 01:22 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S868.IS S868 kjohnson on DSK79L0C42PROD with BILLS 3 •S 868 IS sider, in addition to the factors described in section 1 3592(c), each of the following aggravating factors for 2 which notice has been given and determine which, if any, 3 exist: 4 ‘‘(1) INTENT TO AMBUSH.—The defendant com- 5 mitted the offense by an act of ambush. 6 ‘‘(2) PRIOR STATEMENTS ADVOCATING FOR OR 7 PROMOTING VIOLENCE AGAINST LAW ENFORCEMENT 8 OFFICERS.—The defendant has a prior history of 9 advocating for or promoting acts of violence, includ- 10 ing murder or assault, against a law enforcement of- 11 ficer. 12 ‘‘(3) PARTICIPATION IN OR AFFILIATION WITH 13 ANARCHIST OR OTHER VIOLENCE PROMOTING ORGA- 14 NIZATION.—The defendant is a member of or affili- 15 ated with any organization that the Attorney Gen- 16 eral or other high ranking law enforcement official 17 has determined to be an anarchist organization, a 18 domestic terrorist organization, or any other organi- 19 zation or group that actively promotes violence or 20 the overthrow of the Federal Government. 21 ‘‘(4) OCCURRENCE DURING ORGANIZED ANTI- 22 LAW ENFORCEMENT OFFICER ACTIVITY.—The of- 23 fense was committed during a time and in a place 24 VerDate Sep 11 2014 01:22 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S868.IS S868 kjohnson on DSK79L0C42PROD with BILLS 4 •S 868 IS when there was active organized activity against or 1 targeting law enforcement officers. 2 ‘‘(5) ATTEMPT TO PREVENT LAWFUL EXECU- 3 TION OF LAW ENFORCEMENT DUTIES.—The defend- 4 ant committed the offense in attempt to evade or 5 otherwise prevent the law enforcement officer from 6 carrying out a lawful arrest or other lawful author- 7 ized law enforcement activity. 8 ‘‘(6) PRIOR THREATS.—The defendant has per- 9 sonally made prior threats of violence against a law 10 enforcement officer. 11 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec- 12 tion shall be construed as— 13 ‘‘(1) indicating an intent on the part of Con- 14 gress to prevent any State, any possession or Com- 15 monwealth of the United States, or the District of 16 Columbia, from exercising jurisdiction over any of- 17 fense over which the State, possession, Common- 18 wealth, or District of Columbia would have jurisdic- 19 tion in the absence of this section; or 20 ‘‘(2) depriving State and local law enforcement 21 agencies of responsibility for prosecuting acts that 22 may be violations of this section and that are viola- 23 tions of State or local law.’’. 24 VerDate Sep 11 2014 01:22 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S868.IS S868 kjohnson on DSK79L0C42PROD with BILLS 5 •S 868 IS (b) TABLE OF SECTIONS.—The table of sections for 1 chapter 51 of title 18, United States Code, is amended 2 by inserting after the item relating to section 1122 the 3 following: 4 ‘‘1123. Murder of law enforcement officers.’’. Æ VerDate Sep 11 2014 01:22 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S868.IS S868 kjohnson on DSK79L0C42PROD with BILLS

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