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# Legislative Bulletin...........................................November 9, 2005

> **Contents:**
>
> **H.R. 1751** --- Secure Access to Justice and Court Protection Act

H.R. 1751 --- Secure Access to Justice and Court Protection Act
(Gohmert)

**[Order of Business]{.underline}:** The bill is scheduled for
consideration on Wednesday, November 9, 2005, under a structured rule,
making in order only those amendments printed in the Rules Committee
report accompanying the resolution. See a separate RSC document for
amendment summaries.

**[Summary]{.underline}:** H.R. 1751 would establish mandatory
minimum-prison sentences for certain crimes committed against judges and
certain public safety officers and their families. It would provide
increased court security through the U.S. Marshals Service and provide
new grants to states to increase the security of courts, protect
witnesses, and create threat assessment databases. It would also
increase the mandatory minimum-federal sentences for the crimes of
murder in the second degree and manslaughter. The specific provisions of
the bill are described below by section:

**[Sec. 2. Penalties for influencing, impeding, or retaliating against
judges and other officials by threatening or injuring a family
member.]{.underline}**

-   Adds "federally financed public safety officer" as one of the
    positions covered under 18 U.S.C 1111, thus affording them the same
    protections under the law as federal law enforcement officers.

-   Provides for increased criminal penalties for assault, kidnapping,
    murder, threats, or conspiracy to commit such crimes against an
    immediate family member of a United States judge, a federal law
    enforcement officer or a federally funded public safety officer; for
    assaults, the penalty would increase depending on the severity of
    the assault and the injuries incurred by the victim.

**[Sec. 3. Penalties for Certain Assaults.]{.underline}**

-   Provides for increased penalties where the victim is a U.S. judge,
    federal law enforcement officer, or federally funded public safety
    officer (as noted above, this position is being added to those
    already protected), including various minimum and maximum prison
    sentences based on the severity of the crime; if a dangerous weapon
    was used in relation to the offense, it also requires an additional
    five-year prison term beyond what is otherwise imposed.

**[Sec. 4. Killing of federally funded public safety
officers.]{.underline}**

-   Provides for a prison term of at least 30 years for a person who
    kills, or attempts or conspires to kill, a current or former
    federally funded public safety officer while he is on duty or
    performing official duties; allows for a life sentence and, if the
    victim dies, provides for a death sentence.

**[Sec. 5. General modifications of federal murder crime and related
crimes.]{.underline}**

-   Increases the mandatory minimum prison sentence for involuntary
    manslaughter from 6 to 10 years, and increases the maximum prison
    sentence from 10 to 20 years.

-   Increases the mandatory minimum prison sentence for second-degree
    murder to 30 years.

**[Sec. 6. Modification of definition of offense and of the penalties
for, influencing or injuring officer or juror generally.]{.underline}**

-   Expands and clarifies the definition of offenses relating to
    influencing or injuring a juror or officer of the court.

-   Increases the maximum allowable prison sentence from 20 to 30 years.

**[Sec. 7. Modification of tampering with a witness, victim, or an
informant offense.]{.underline}**

-   Increases the maximum prison sentences for tampering with a witness
    or obstructing an official proceeding as follows:

    -   increases the maximum sentence from 20 to 30 years for attempted
        murder;

    -   increases the maximum sentence from 10 to 20 years for a threat
        or the use of physical force;

    -   increases the maximum sentence from 10 to 30 years for
        intentionally hindering or preventing communication to a judge
        regarding the commission or possible commission of a federal
        offense; and

    -   increases the maximum sentence from one to 20 years for
        harassing and thereby preventing a person from testifying in an
        official proceeding or reporting the commission or possible
        commission of a crime.

**[Sec. 8. Modification of retaliation offense.]{.underline}**

-   Increases the maximum prison sentences to 30 years (from 10 and 20
    in various circumstances) for killing or attempting to kill a
    witness, victim, or an informant in retaliation for their testifying
    or providing information to law enforcement.

**[Sec. 9. Inclusion of intimidation and retaliation against witnesses
in state prosecutions as basis for federal prosecution.]{.underline}**

-   Expands the definition of "unlawful activity" to include
    "intimidation of, or retaliation against, a witness, victim, juror,
    or informant" relating to interstate or foreign travel in aid to
    racketeering.

**[Sec. 10. Clarification of venue for retaliation against a
witness.]{.underline}**

-   Allows a prosecution case bought under Section 1513 of title 18
    (retaliating against a witness) to be brought in the district in
    which the official proceeding or conduct occurred; in current law,
    the location of venue for this crime is not addressed.

**[Sec. 11. Witness protection grant program.]{.underline}**

-   **Creates a new grant program** administered by the Attorney General
    to states, units of local government, and Indian tribes to create
    and expand witness protection programs "to prevent threats,
    intimidation, and retaliation against victims" of crimes.

-   **Appropriates \$20 million for each of fiscal years FY06 through
    FY10, for a total of \$100 million**.

**[Sec. 12. Grants to states to protect witnesses and victims of
crimes.]{.underline}**

-   Amends the Violent Crime Control Act to authorize grants to states
    to "create and expand witness protection programs to prevent threats
    and retaliation" against victims of crime;

-   **Appropriates \$20 million for each of fiscal years FY06 through
    FY10, for a total of \$100 million**.

**[Sec. 13. Judicial branch security requirements.]{.underline}**

-   Directs the U.S. Marshals Service to consult and coordinate with the
    Administrative Office of the U.S. Courts "on a continuing basis"
    regarding security requirements for the judicial branch; according
    to the committee report, this provision is aimed at implementing
    security measures to protect judges and other employees and members
    of the public at federal courthouses.

**[Sec. 14. Protections against malicious recording of fictitious liens
against a federal employee.]{.underline}**

-   Creates a new federal crime for filing a false lien against real or
    personal property owned by a federal judge, federal attorney, or
    federal employee (as defined by section 1114 in the U.S. Code).

-   Provides for a fine or prison sentence of up to 10 years, or both.

**[Sec. 15. Prohibition of possession of dangerous weapons in federal
court facilities.]{.underline}**

-   Expands items that are prohibited in federal court facilities to
    include "other dangerous weapons" (in addition to firearms currently
    prohibited); the term "dangerous weapon" is currently defined in law
    (18 U.S.C. 930) as "a weapon, device, instrument, material, or
    substance, animate or inanimate, that is used for, or is readily
    capable of, causing death or serious bodily injury, except that such
    term does not include a pocket knife with a blade of less than 21/2
    inches in length."

**[Sec. 16. Repeal of sunset provisions.]{.underline}**

-   Modifies the Ethics in Government Act of 1978 by repealing the
    sunset provision regarding the filing of disclosure statements by
    federal judges; according to the committee report, this will "allow
    federal judges to continue to redact identifying information about
    them and their families while ensuring that sufficient information
    is publicly available to ensure that no conflicts or other potential
    conflicts may arise while conducting their official duties."

**[Sec. 17. Protection of individuals performing certain federal and
other functions.]{.underline}**

-   Creates a new federal crime for publishing restricted personal
    information on the Internet, (with the intent to harm, intimidate,
    or retaliate against an official or court) concerning judges, law
    enforcement, public safety officers, jurors, witness, or other U.S.
    court officers.

**[Sec. 18. Eligibility of courts to apply directly for law enforcement
discretionary grants and requirement that state and local governments
consider courts when applying for grant funds.]{.underline}**

-   Modifies the eligibility requirements for discretionary Byrne grants
    so courts may apply directly; directs states and local governments
    to consider courts in the application process when applying for
    funds under the Byrne grant process.

**[Sec. 19. Report on security of federal prosecutors.]{.underline}**

-   Directs the Attorney General to submit a report to Congress on "the
    security of assistant U.S. attorneys and other federal attorneys
    arising from the prosecution of terrorists, violent criminal gangs,
    drug traffickers, gun traffickers, white supremacists, and those who
    commit fraud and other white-collar offenses." The report is
    required to include such information as the number and nature of
    threats and assaults against attorneys handing such prosecutions;

**[Sec. 20. Flight to avoid prosecution for killing peace
officers.]{.underline}**

-   Creates a new federal crime for flight to avoid prosecution for
    killing an individual involved in crime and juvenile delinquency
    control and reduction (peace officer); provides for a mandatory
    minimum prison sentence of 10 years. This provision is identical to
    H.R. 3900, the Justice for Peace Officers Act, sponsored by Rep.
    Dreier (R-CA).

**[Sec. 21. Special penalties for murder, kidnapping, and related crimes
against federal judges and federal law enforcement
officers.]{.underline}**

-   Expands the penalties for offenses against judges and law
    enforcement officers, including murder, kidnapping, and related
    federal crimes. Provides for a mandatory minimum prison sentence of
    30 years for murder or kidnapping of a federal judge or law
    enforcement officer and provides for the death penalty in both
    cases.

**[Sec. 22. Media coverage of court proceedings.]{.underline}**

-   Authorizes the presiding judge of each court to permit media
    coverage (including photography, electronic recording, broadcasting
    or televising, etc.) of judicial proceedings based on his own
    discretion and provides specific procedures to be used to protect
    the security of witnesses.

**[Sec. 23. Funding for state courts to assess and enhance court
security and emergency preparedness.]{.underline}**

-   Directs the Attorney General to make new grants to the highest state
    courts in states participating in this program to "conduct
    assessments focused on the essential elements for effective
    courtroom safety and security planning" and implement changes as
    necessary;

-   **Appropriates \$20 million for each of fiscal years FY06 through
    FY10, for a total of \$100 million**.

**[Sec. 24. Additional amounts for United States Marshals Service to
protect the judiciary.]{.underline}**

-   Appropriates an additional \$20 million to the U.S. Marshals Service
    for each fiscal year FY06 through FY10 (totaling \$100 million) to
    protect the federal judiciary, to include hiring additional
    entry-level and senior-level deputy marshals.

**[Sec. 25. Grants to states for threat assessment
databases.]{.underline}**

-   Directs the Attorney General to carry out a new program for states
    to establish and maintain a threat assessment database; defines the
    purpose and components of such a database.

-   **Appropriates such sums as may be necessary for FY06 through
    FY09.**

**[Sec. 26. Grants for young witness assistance.]{.underline}**

-   Allows the Bureau of Justice Assistance to make grants to state and
    local prosecutors and law enforcement agencies to provide witness
    assistance programs for juvenile and young adults.

-   **Appropriates \$3 million for each of fiscal years FY06 through
    FY08, for a total of \$9 million.**

[**Committee Action**:]{.underline} H.R. 1751 was introduced on April
21, 2005, and referred to the Committee on the Judiciary's Subcommittee
on Crime, Terrorism, and Homeland Security. The bill was marked-up on
October 27, 2005, and ordered reported to the House by a vote of 26-5
(H. Rept.
[109-271](http://www.congress.gov/cgi-lis/cpquery/R?cp109:FLD010:@1(hr271):)).

[**Administration Policy**:]{.underline} A Statement of Administration
Policy (SAP) was not available at press time.

[**Cost to Taxpayers**:]{.underline} CBO estimates that H.R. 1751 would
authorize \$108 million in FY2006 and a total of \$509 million over the
FY2006-FY2010 period. The bill could affect mandatory spending and
revenues, but CBO estimates that any such effects "would not be
significant."

[**Does the Bill Expand the Size and Scope of the Federal
Government?**:]{.underline} Yes. As described above, it would create
several new federal crimes, establish several new federal grant
programs, and expand the duties of the U.S. Marshals Service, among
other things.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: No. CBO confirms that H.R. 1751
contains no intergovernmental or private-sector mandates, as defined in
the Unfunded Mandates Reform Act (UMRA).

**[Constitutional Authority]{.underline}**: The Committee Report, H.
Rept.
[109-271](http://www.congress.gov/cgi-lis/cpquery/R?cp109:FLD010:@1(hr271):),
cites constitutional authority for this legislation in Article 1,
Section 8 of the Constitution (powers of Congress), but fails to cite a
specific Clause.

**[RSC Staff Contact:]{.underline}** Derek V. Baker;
[derek.baker@mail.house.gov](mailto:Derek.baker@mail.house.gov);
202-226-8585