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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 868 Introduced in Senate (IS)]

<DOC>

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Defending Our Defenders Act''.

SEC. 2. MURDER OF LAW ENFORCEMENT OFFICERS.

    (a) In General.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1123. Murder of law enforcement officers
    ``(a) Federal Law Enforcement Officers.--In the case of an 
individual who commits an offense described in section 1111 and the 
victim of the offense is a Federal law enforcement officer (as defined 
in section 2 of the Law Enforcement Congressional Badge of Bravery Act 
of 2008 (34 U.S.C. 50301)) acting in the course of the official duties 
of the officer, the individual shall be punished by death or by 
imprisonment for life.
    ``(b) State and Local Law Enforcement Officers.--In the case of an 
individual who travels in interstate or foreign commerce or uses any 
facility of interstate or foreign commerce, including the mail, 
telephone, radio, or television, with the intent to commit an offense 
described in section 1111 or who uses a weapon or instrument that has 
traveled in interstate or foreign commerce to commit said offense, and 
the victim of the offense is a State or local law enforcement officer 
(as defined in section 2 of the Law Enforcement Congressional Badge of 
Bravery Act of 2008 (34 U.S.C. 50301)) acting in the course of the 
official duties of the officer, the individual shall be punished by 
death or by imprisonment for life.
    ``(c) Aggravating Factors.--In determining whether a sentence of 
death is to be imposed on a defendant convicted of an offense described 
in subsection (a) or (b), the jury, or if there is no jury, the court, 
shall consider, in addition to the factors described in section 
3592(c), each of the following aggravating factors for which notice has 
been given and determine which, if any, exist:
            ``(1) Intent to ambush.--The defendant committed the 
        offense by an act of ambush.
            ``(2) Prior statements advocating for or promoting violence 
        against law enforcement officers.--The defendant has a prior 
        history of advocating for or promoting acts of violence, 
        including murder or assault, against a law enforcement officer.
            ``(3) Participation in or affiliation with anarchist or 
        other violence promoting organization.--The defendant is a 
        member of or affiliated with any organization that the Attorney 
        General or other high ranking law enforcement official has 
        determined to be an anarchist organization, a domestic 
        terrorist organization, or any other organization or group that 
        actively promotes violence or the overthrow of the Federal 
        Government.
            ``(4) Occurrence during organized anti-law enforcement 
        officer activity.--The offense was committed during a time and 
        in a place when there was active organized activity against or 
        targeting law enforcement officers.
            ``(5) Attempt to prevent lawful execution of law 
        enforcement duties.--The defendant committed the offense in 
        attempt to evade or otherwise prevent the law enforcement 
        officer from carrying out a lawful arrest or other lawful 
        authorized law enforcement activity.
            ``(6) Prior threats.--The defendant has personally made 
        prior threats of violence against a law enforcement officer.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed as--
            ``(1) indicating an intent on the part of Congress to 
        prevent any State, any possession or Commonwealth of the United 
        States, or the District of Columbia, from exercising 
        jurisdiction over any offense over which the State, possession, 
        Commonwealth, or District of Columbia would have jurisdiction 
        in the absence of this section; or
            ``(2) depriving State and local law enforcement agencies of 
        responsibility for prosecuting acts that may be violations of 
        this section and that are violations of State or local law.''.
    (b) Table of Sections.--The table of sections for chapter 51 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 1122 the following:

``1123. Murder of law enforcement officers.''.
                                 <all>
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