II 

109TH CONGRESS 

1ST SESSION S. 1605 

To amend title 18, United States Code, to protect public safety officers, 

judges, witnesses, victims, and their family members, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2005 

Mr. KYL (for himself, Mr. PRYOR, Mr. CORNYN, Mr. GRAHAM, Mr. 

BROWNBACK, and Mr. CHAMBLISS) 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 protect public 

safety officers, judges, witnesses, victims, and their family members, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Law-Enforcement Officers’ Protection Act of 2005’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Offense of murder or manslaughter of a federally funded public safety 

officer. 
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•S 1605 IS

Sec. 3. Increased penalties for assault of federally funded public safety officers, 

Federal judges, and other Federal officials. 

Sec. 4. Increased penalties for retaliating against a federally funded public safety officer, Federal judge, or other Federal official by murdering 

or assaulting a family member. 

Sec. 5. Increased penalties for murder, manslaughter, and related crimes under 

Federal jurisdiction. 

Sec. 6. Ensuring fair and expeditious Federal collateral review of convictions 

for killing a public safety officer or State judge. 

Sec. 7. Limitation on damages incurred during commission of a felony or crime 

of violence. 

Sec. 8. Improvements to the Law Enforcement Officers’ Safety Act. 

Sec. 9. Increased penalties for injuring or influencing a judicial officer or juror. 

Sec. 10. Increased penalties for tampering with a witness, victim, or an informant. 

Sec. 11. Increased penalties for retaliation against a witness, victim, or informant. 

Sec. 12. Protections against malicious recording of fictitious liens against Federal judges, federally funded public safety officers, or other 

Federal officials. 

Sec. 13. Protection of individuals performing certain Federal and federally assisted functions. 

1 SEC. 2. OFFENSE OF MURDER OR MANSLAUGHTER OF A 

2 FEDERALLY FUNDED PUBLIC SAFETY OFFI3 CER. 

4 Section 1114 of title 18, United States Code, is 

5 amended— 

6 (1) by striking ‘‘Whoever’’ and inserting ‘‘(a) 

7 IN GENERAL.—Whoever’’; 

8 (2) in new subsection (a), by inserting ‘‘feder9 ally funded public safety officer or any’’ after ‘‘Who10 ever kills or attempts to kill any’’; and 

11 (3) by inserting at the end the following: 

12 ‘‘(b) DEFINITION.—As used in this section: 

13 ‘‘(1) FEDERALLY FUNDED PUBLIC SAFETY OF14 FICER.—The term ‘federally funded public safety of15 ficer’ means a public safety officer for a public agen-
3 

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1 cy (including a court system) that receives Federal 

2 financial assistance. 

3 ‘‘(2) JUDICIAL OFFICER.—The term ‘judicial 

4 officer’ means a judge or other officer or employee 

5 of a court, including prosecutors and corrections, 

6 probation, and parole officers. 

7 ‘‘(3) PUBLIC AGENCY.—The term ‘public agen8 cy’ has the meaning given such term in section 1204 

9 of the Omnibus Crime Control and Safe Streets Act 

10 of 1968. 

11 ‘‘(4) PUBLIC SAFETY OFFICER.—The term 

12 ‘public safety officer’ has the meaning given such 

13 term in section 1204 of the Omnibus Crime Control 

14 and Safe Streets Act of 1968 and also includes a ju15 dicial officer.’’. 

16 SEC. 3. INCREASED PENALTIES FOR ASSAULT OF FEDER17 ALLY FUNDED PUBLIC SAFETY OFFICERS, 

18 FEDERAL JUDGES, AND OTHER FEDERAL OF19 FICIALS. 

20 (a) REVISION OF SECTION 111.—Section 111 of title 

21 18, United States Code, is amended to read as follows: 

22 ‘‘§ 111. Assault and interference with certain public 

23 officers and employees 

24 ‘‘Whoever assaults or interferes with a person des25 ignated in section 1114, while such person is engaged in, 
4 

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1 or on account of, official duties, or assaults a person who 

2 formerly served as a person designated in section 1114 

3 on account of the performance of official duties, shall be 

4 fined under this title and— 

5 ‘‘(1) if the conduct constituting the offense is 

6 an interference or a simple assault, be imprisoned 

7 not more than one year, or both; 

8 ‘‘(2) if the assault resulted in bodily injury (as 

9 defined in section 1365), be imprisoned not less than 

10 5 nor more than 20 years; 

11 ‘‘(3) if a dangerous weapon was used or pos12 sessed during and in relation to the offense, be im13 prisoned not less than 15 nor more than 40 years; 

14 ‘‘(4) if the assault resulted in serious bodily in15 jury (as defined for purposes of section 2119(2)), be 

16 imprisoned not less than 15 nor more than 40 years; 

17 and 

18 ‘‘(5) in any other case, be imprisoned not less 

19 than 2 nor more than 10 years.’’. 

20 (b) CLERICAL AMENDMENT.—The item relating to 

21 section 111 in the table of sections at the beginning of 

22 chapter 7 of title 18, United States Code, is amended to 

23 read as follows: 

‘‘111. Assault and interference with certain public officers and employees.’’. 
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1 SEC. 4. INCREASED PENALTIES FOR RETALIATING AGAINST 

2 A FEDERALLY FUNDED PUBLIC SAFETY OFFI3 CER, FEDERAL JUDGE, OR OTHER FEDERAL 

4 OFFICIAL BY MURDERING OR ASSAULTING A 

5 FAMILY MEMBER. 

6 (a) PENALTIES.—Section 115(b) of title 18, United 

7 States Code, is amended to read as follows: 

8 ‘‘(b)(1) The punishment for an assault in violation 

9 of this section is a fine under this title and— 

10 ‘‘(A) if the assault consists of a simple assault, 

11 a term of imprisonment for not more than one year, 

12 or both; 

13 ‘‘(B) if the assault resulted in bodily injury (as 

14 used in section 1365), a term of imprisonment for 

15 not less than 5 nor more than 20 years; 

16 ‘‘(C) if a dangerous weapon was used or pos17 sessed during and in relation to the offense, a term 

18 of imprisonment not less than 15 nor more than 40 

19 years; 

20 ‘‘(D) if the assault resulted in serious bodily in21 jury (as defined for purposes of section 2119(2)), a 

22 term of imprisonment not less than 15 nor more 

23 than 40 years; and 

24 ‘‘(E) in any other case, not less than 2 nor 

25 more than 10 years. 
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1 ‘‘(2) The punishment for a kidnaping, attempted kid2 naping, or conspiracy to kidnap in violation of this section 

3 is a fine under this title and imprisonment for any term 

4 of years not less than 30, or for life. 

5 ‘‘(3) The punishment for a murder, attempted mur6 der, or conspiracy to murder in violation of this section 

7 is a fine under this title and imprisonment for any term 

8 of years not less than 30, or for life, or the death penalty. 

9 ‘‘(4) A threat made in violation of this section shall 

10 be punished by a fine under this title and imprisonment 

11 for a term of not less than 5 years nor more than 20 years. 

12 ‘‘(5) Each punishment for criminal conduct under 

13 this section shall be in addition to any other punishment, 

14 whether imposed for a conviction under this section or oth15 erwise, for other criminal conduct during the same crimi16 nal episode.’’. 

17 (b) CONFORMING AMENDMENTS RELATING TO

18 CROSS REFERENCE TO SECTION 1114.— 

19 (1) SECTION HEADING.—The heading for sec20 tion 115 of title 18, United States Code, is amended 

21 to read as follows: 
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1 ‘‘§ 115. Influencing, impeding, or retaliating against 

2 certain officials by threats or by injuring 

3 a family member’’. 

4 (2) TABLE OF SECTIONS.—The item relating to 

5 section 115 in the table of sections at the beginning 

6 of chapter 7 of title 18, United States Code, is 

7 amended to read as follows: 

‘‘115. Influencing, impeding, or retaliating against certain officials by threats or 

by injuring a family member’’. 

8 SEC. 5. INCREASED PENALTIES FOR MURDER, MAN9 SLAUGHTER, AND RELATED CRIMES UNDER 

10 FEDERAL JURISDICTION. 

11 (a) MURDER AMENDMENTS.—Section 1111(b) of 

12 title 18, United States Code, is amended by inserting ‘‘not 

13 less than 30’’ after ‘‘any term of years’’. 

14 (b) MANSLAUGHTER AMENDMENTS.—Section 

15 1112(b) of title 18, United States Code, is amended— 

16 (1) by striking ‘‘or imprisoned’’ and all that fol17 lows through ‘‘both’’ and inserting ‘‘and imprisoned 

18 for a term of years not less than 15 years nor more 

19 than 40 years’’; and 

20 (2) by striking ‘‘or imprisoned’’ and all that fol21 lows through ‘‘both’’ and inserting ‘‘and imprisoned 

22 for a term of years not more less than 3 years nor 

23 more than 15 years’’. 
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•S 1605 IS

1 (c) ATTEMPT AMENDMENT.—Section 1113 of title 

2 18, United States Code, is amended by striking ‘‘shall, for 

3 an attempt to commit murder’’ and all that follows 

4 through the period at the end of the section and inserting 

5 ‘‘shall be punished as is provided for a completed of6 fense.’’. 

7 (d) CONSPIRACY AMENDMENT.—Section 1117 of title 

8 18, United States Code, is amended by striking ‘‘by im9 prisonment for any term of years or for life’’ and inserting 

10 ‘‘as is provided for the violation which is the object of the 

11 conspiracy’’. 

12 SEC. 6. ENSURING FAIR AND EXPEDITIOUS FEDERAL COL13 LATERAL REVIEW OF CONVICTIONS FOR 

14 KILLING A PUBLIC SAFETY OFFICER OR 

15 STATE JUDGE. 

16 (a) SHORT TITLE.—This section may be cited as the 

17 ‘‘Dr. John B. Jamison Act’’. 

18 (b) LIMITS ON CASES.—Section 2254 of title 28, 

19 United States Code, is amended by adding at the end the 

20 following: 

21 ‘‘(j)(1) A court, justice, or judge shall not have juris22 diction to consider any claim relating to the judgment or 

23 sentence in an application described under paragraph (2), 

24 unless the applicant shows that the claim qualifies for con25 sideration on the grounds described in subsection (e)(2). 
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1 Any such application that is presented to a court, justice, 

2 or judge other than a district court shall be transferred 

3 to the appropriate district court for consideration or dis4 missal in conformity with this subsection, except that a 

5 court of appeals panel must authorize any second or suc6 cessive application in conformity with section 2244 before 

7 any consideration by the district court. Relief shall not be 

8 granted with respect to any claim in an application de9 scribed in paragraph (2) unless the denial of relief is con10 trary to, or would entail an unreasonable application of, 

11 clearly established Federal law, as determined by the Su12 preme Court of the United States. 

13 ‘‘(2) This subsection applies to an application for a 

14 writ of habeas corpus on behalf of a person in custody 

15 pursuant to the judgment of a State court for a crime 

16 that involved the killing of a public safety officer while 

17 the public safety officer was engaged in the performance 

18 of official duties, or on account of the public safety offi19 cer’s performance of official duties or status as a public 

20 safety officer. 

21 ‘‘(3) For an application described in paragraph (2), 

22 the following requirements shall apply in the district court: 

23 ‘‘(A) Any motion by either party for an evi24 dentiary hearing shall be filed and served not later 

25 than 90 days after the State files its answer or, if 
10 

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1 no timely answer is filed, the date on which such an2 swer is due. 

3 ‘‘(B) Any motion for an evidentiary hearing 

4 shall be granted or denied not later than 30 days 

5 after the date on which the party opposing such mo6 tion files a pleading in opposition to such motion or, 

7 if no timely pleading in opposition is filed, the date 

8 on which such pleading in opposition is due. 

9 ‘‘(C) Any evidentiary hearing shall be— 

10 ‘‘(i) convened not less than 60 days after 

11 the order granting such hearing; and 

12 ‘‘(ii) completed not more than 150 days 

13 after the order granting such hearing. 

14 ‘‘(D) A district court shall enter a final order, 

15 granting or denying the application for a writ of ha16 beas corpus, not later than 15 months after the date 

17 on which the State files its answer or, if no timely 

18 answer is filed, the date on which such answer is 

19 due, or not later than 60 days after the case is sub20 mitted for decision, whichever is earlier. 

21 ‘‘(E) If the district court fails to comply with 

22 the requirements of this paragraph, the State may 

23 petition the court of appeals for a writ of mandamus 

24 to enforce the requirements. The court of appeals 

25 shall grant or deny the petition for a writ of man-
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•S 1605 IS

1 damus not later than 30 days after such petition is 

2 filed with the court. 

3 ‘‘(4) For an application described in paragraph (2), 

4 the following requirements shall apply in the court of ap5 peals: 

6 ‘‘(A) A timely filed notice of appeal from an 

7 order issuing a writ of habeas corpus shall operate 

8 as a stay of that order pending final disposition of 

9 the appeal. 

10 ‘‘(B) The court of appeals shall decide the ap11 peal from an order granting or denying a writ of ha12 beas corpus— 

13 ‘‘(i) not later than 120 days after the date 

14 on which the brief of the appellee is filed or, if 

15 no timely brief is filed, the date on which such 

16 brief is due; or 

17 ‘‘(ii) if a cross-appeal is filed, not later 

18 than 120 days after the date on which the ap19 pellant files a brief in response to the issues 

20 presented by the cross-appeal or, if no timely 

21 brief is filed, the date on which such brief is 

22 due. 

23 ‘‘(C)(i) Following a decision by a panel of the 

24 court of appeals under subparagraph (B), a petition 

25 for panel rehearing is not allowed, but rehearing by 
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1 the court of appeals en banc may be requested. The 

2 court of appeals shall decide whether to grant a peti3 tion for rehearing en banc not later than 30 days 

4 after the date on which the petition is filed, unless 

5 a response is required, in which case the court shall 

6 decide whether to grant the petition not later than 

7 30 days after the date on which the response is filed 

8 or, if no timely response is filed, the date on which 

9 the response is due. 

10 ‘‘(ii) If rehearing en banc is granted, the court 

11 of appeals shall make a final determination of the 

12 appeal not later than 120 days after the date on 

13 which the order granting rehearing en banc is en14 tered. 

15 ‘‘(D) If the court of appeals fails to comply 

16 with the requirements of this paragraph, the State 

17 may petition the Supreme Court or a justice thereof 

18 for a writ of mandamus to enforce the requirements. 

19 ‘‘(5)(A) The time limitations under paragraphs (3) 

20 and (4) shall apply to an initial application described in 

21 paragraph (2), any second or successive application de22 scribed in paragraph (2), and any redetermination of an 

23 application described in paragraph (2) or related appeal 

24 following a remand by the court of appeals or the Supreme 

25 Court for further proceedings. 
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1 ‘‘(B) In proceedings following remand in the district 

2 court, time limits running from the time the State files 

3 its answer under paragraph (3) shall run from the date 

4 the remand is ordered if further briefing is not required 

5 in the district court. If there is further briefing following 

6 remand in the district court, such time limits shall run 

7 from the date on which a responsive brief is filed or, if 

8 no timely responsive brief is filed, the date on which such 

9 brief is due. 

10 ‘‘(C) In proceedings following remand in the court of 

11 appeals, the time limit specified in paragraph (4)(B) shall 

12 run from the date the remand is ordered if further briefing 

13 is not required in the court of appeals. If there is further 

14 briefing in the court of appeals, the time limit specified 

15 in paragraph (4)(B) shall run from the date on which a 

16 responsive brief is filed or, if no timely responsive brief 

17 is filed, from the date on which such brief is due. 

18 ‘‘(6) The failure of a court to meet or comply with 

19 a time limitation under this subsection shall not be a 

20 ground for granting relief from a judgment of conviction 

21 or sentence, nor shall the time limitations under this sub22 section be construed to entitle a capital applicant to a stay 

23 of execution, to which the applicant would otherwise not 

24 be entitled, for the purpose of litigating any application 

25 or appeal. 
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1 ‘‘(7) In this subsection the term ‘public safety officer’ 

2 has the meaning given such term in section 1114 of title 

3 18.’’. 

4 (c) RIGHTS ASSOCIATED WITH HABEAS CORPUS

5 PROCEEDINGS.—Section 3771(b) of title 18, United 

6 States Code, is amended— 

7 (1) by striking ‘‘In any court proceeding’’ and 

8 inserting the following: 

9 ‘‘(1) IN GENERAL.—In any court proceeding’’; 

10 and 

11 (2) by adding at the end the following: 

12 ‘‘(2) HABEAS CORPUS PROCEEDINGS.— 

13 ‘‘(A) IN GENERAL.—In a Federal habeas 

14 corpus proceeding arising out of a State convic15 tion, the court shall ensure that a crime victim 

16 is afforded the rights described in paragraphs 

17 (3), (4), (7), and (8) of subsection (a). 

18 ‘‘(B) ENFORCEMENT.— 

19 ‘‘(i) IN GENERAL.—These rights may 

20 be enforced by the crime victim or the 

21 crime victim’s lawful representative in the 

22 manner described in paragraphs (1) and 

23 (3) of subsection (d). 
15 

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1 ‘‘(ii) MULTIPLE VICTIMS.—In a case 

2 involving multiple victims, subsection 

3 (d)(2) shall also apply. 

4 ‘‘(C) LIMITATION.—This paragraph relates 

5 to the duties of a court in relation to the rights 

6 of a crime victim in Federal habeas corpus pro7 ceedings arising out of a State conviction, and 

8 does not give rise to any obligation or require9 ment applicable to personnel of any agency of 

10 the Executive Branch of the Federal Govern11 ment. 

12 ‘‘(D) DEFINITION.—For purposes of this 

13 paragraph, the term ‘crime victim’ means the 

14 person against whom the State offense is com15 mitted or, if that person is killed or incapaci16 tated, that person’s family member or other 

17 lawful representative.’’. 

18 (d) APPLICATION TO PENDING CASES.— 

19 (1) IN GENERAL.—The amendments made by 

20 this section shall apply to cases pending on or after 

21 the date of enactment of this Act. 

22 (2) TIME LIMITS.—In a case pending on the 

23 date of enactment of this Act, if the amendments 

24 made by this section provide that a time limit runs 

25 from an event or time that has occurred prior to 
16 

•S 1605 IS

1 such date of enactment, the time limit shall run in2 stead from such date of enactment. 

3 SEC. 7. LIMITATION ON DAMAGES INCURRED DURING COM4 MISSION OF A FELONY OR CRIME OF VIO5 LENCE. 

6 (a) IN GENERAL.—Section 1979 of the Revised Stat7 utes (42 U.S.C. 1983) is amended by— 

8 (1) striking ‘‘except that in any action brought 

9 against a judicial officer for an act or omission 

10 taken in such officer’s judicial capacity, injunctive 

11 relief shall not be granted unless a declaratory de12 cree was violated or declaratory relief was unavail13 able.’’ and inserting the following: ‘‘except that— 

14 ‘‘(1) in any action brought against a judicial of15 ficer for an act or omission taken in such officer’s 

16 judicial capacity, injunctive relief shall not be grant17 ed unless a declaratory decree was violated or de18 claratory relief was unavailable; and 

19 ‘‘(2) in any action seeking redress for a depri20 vation that was incurred in the course of, or as a re21 sult of, or is related to, conduct by the injured party 

22 that, more likely than not, constituted a felony or a 

23 crime of violence (as defined in section 16 of title 

24 18, United States Code), including any deprivation 

25 in the course of arrest or apprehension for, or the 
17 

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1 investigation, prosecution, or adjudication of such an 

2 offense, a court shall not have jurisdiction to con3 sider a claim for damages other than for necessary 

4 out-of-pocket expenditures and other monetary 

5 loss.’’; and 

6 (2) indenting the last sentence as an undesig7 nated paragraph. 

8 (b) ATTORNEY’S FEES.—Section 722(b) of the Re9 vised Statutes (42 U.S.C. 1988(b)) is amended by striking 

10 ‘‘except that in any action brought against a judicial offi11 cer for an act or omission taken in such officer’s judicial 

12 capacity such officer shall not be held liable for any costs, 

13 including attorneys fees, unless such action was clearly in 

14 excess of such officer’s jurisdiction.’’ and inserting the fol15 lowing: ‘‘except that— 

16 ‘‘(1) in any action brought against a judicial of17 ficer for an act or omission taken in such officer’s 

18 judicial capacity, such officer shall not be held liable 

19 for any costs, including attorneys fees, unless such 

20 action was clearly in excess of such officer’s jurisdic21 tion; and 

22 ‘‘(2) in any action seeking redress for a depri23 vation that was incurred in the course of, or as a re24 sult of, or is related to, conduct by the injured party 

25 that, more likely than not, constituted a felony or a 
18 

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1 crime of violence (as defined in section 16 of title 

2 18, United States Code), including any deprivation 

3 in the course of arrest or apprehension for, or the 

4 investigation, prosecution, or adjudication of, such 

5 an offense, the court may not allow such party to re6 cover attorney’s fees.’’. 

7 SEC. 8. IMPROVEMENTS TO THE LAW ENFORCEMENT OFFI8 CERS’ SAFETY ACT. 

9 Section 926C of title 18, United States Code, is 

10 amended— 

11 (1) in subsection (c)— 

12 (A) in paragraph (3)(A), by striking ‘‘was 

13 regularly employed as a law enforcement officer 

14 for an aggregate of 15 years or more’’ and in15 serting ‘‘served as a law enforcement officer for 

16 an aggregate of 10 years or more’’; and 

17 (B) by striking paragraphs (4) and (5), 

18 and designating paragraphs (6) and (7) as 

19 paragraphs (4) and (5), respectively; and 

20 (2) in subsection (d)— 

21 (A) in paragraph (1), by striking ‘‘or’’ 

22 after the semicolon; 

23 (B) in paragraph (2)(B), by striking the 

24 period and inserting ‘‘; or’’; and 

25 (C) by adding at the end the following: 
19 

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1 ‘‘(3) in those States or for those law-enforce2 ment agencies that do not issue the identification or 

3 certification required by paragraph (1) or (2)— 

4 ‘‘(A) an identification issued by the agency 

5 from which the individual retired from service 

6 as a law enforcement officer; 

7 ‘‘(B) a photographic identification issued 

8 by an agency of the State in which the indi9 vidual resides, such as a driver’s license or a 

10 State identification card; and 

11 ‘‘(C) a document issued by the State in 

12 which the individual resides that either certifies 

13 that the individual is authorized by the laws of 

14 that State to carry a concealed firearm, or, in 

15 those States that do not provide mandatory and 

16 objective standards for the issuance of such a li17 cense, certifies that the individual has received 

18 training in the safe handling of firearms or has 

19 completed a firearms safety or training course 

20 for security guards or investigators.’’. 

21 SEC. 9. INCREASED PENALTIES FOR INJURING OR INFLU22 ENCING A JUDICIAL OFFICER OR JUROR. 

23 Section 1503 of title 18, United States Code, is 

24 amended— 
20 

•S 1605 IS

1 (1) by striking subsection (a) and inserting the 

2 following: 

3 ‘‘(a)(1) Whoever— 

4 ‘‘(A) corruptly, or by threats or force, or by any 

5 threatening letter or communication, endeavors to 

6 influence, intimidate, or impede a juror or officer in 

7 a judicial proceeding in the discharge of that juror 

8 or officer’s duty; 

9 ‘‘(B) injures a juror or an officer in a judicial 

10 proceeding on account of the performance of official 

11 duties as such juror or officer; or 

12 ‘‘(C) corruptly, or by threats or force, or by any 

13 threatening letter or communication, influences, ob14 structs, or impedes, or endeavors to influence, ob15 struct, or impede, the due administration of justice; 

16 or attempts or conspires to do so, shall be punished 

17 as provided in subsection (b). 

18 ‘‘(2) As used in this section, the term ‘juror or officer 

19 in a judicial proceeding’ means a grand or petit juror, or 

20 other officer in or of any court of the United States, or 

21 an officer who may be serving at any examination or other 

22 proceeding before any United States magistrate judge or 

23 other committing magistrate.’’; 

24 (2) by striking subsection (b) and inserting the 

25 following: 
21 

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1 ‘‘(b) The punishment for an offense under this sec2 tion is— 

3 ‘‘(1) in the case of a killing, the punishment 

4 provided in sections 1111 and 1112: 

5 ‘‘(2) in a case in which the offense was com6 mitted against a petit juror for a matter in which 

7 a felony was charged, imprisonment for any term of 

8 years not less than 20 years, or for life, and a fine 

9 under this title; and 

10 ‘‘(3) in any other case, a fine under this title 

11 and imprisonment for not less than 10 years nor 

12 more than 30 years. 

13 ‘‘(c) An attempt or a conspiracy to commit an offense 

14 punishable under this section shall be punished as is pro15 vided for the completed offense or the violation which is 

16 the object of the conspiracy’’. 

17 SEC. 10. INCREASED PENALTIES FOR TAMPERING WITH A 

18 WITNESS, VICTIM, OR AN INFORMANT. 

19 (a) CHANGES IN PENALTIES.—Section 1512 of title 

20 18, United States Code, is amended— 

21 (1) in subsection (a)(3)— 

22 (A) by striking subparagraph (B); and 

23 (B) in subparagraph (C), by striking ‘‘not 

24 more than 10 years’’ and inserting ‘‘not less 

25 than 5 years nor more than 20 years’’; 
22 

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1 (2) in subsection (b), by striking ‘‘or impris2 oned not more than ten years, or both’’ and insert3 ing ‘‘not less than 5 years nor more than 20 years’’; 

4 (3) in subsection (c), by striking ‘‘or imprisoned 

5 not more than twenty years, or both’’ and inserting 

6 ‘‘and imprisoned not less than 5 years nor more 

7 than 20 years’’; and 

8 (4) in subsection (d), by striking ‘‘or impris9 oned not more than one year, or both’’ and inserting 

10 ‘‘and imprisoned not less than 5 years nor more 

11 than 20 years’’. 

12 (b) ATTEMPT.—Section 1512(k) of title 18, United 

13 States Code, is amended— 

14 (1) by inserting ‘‘attempts or’’ before ‘‘con15 spires’’; and 

16 (2) by inserting ‘‘attempted or’’ before ‘‘the 

17 commission’’. 

18 SEC. 11. INCREASED PENALTIES FOR RETALIATION 

19 AGAINST A WITNESS, VICTIM, OR INFORM20 ANT. 

21 Section 1513 of title 18, United States Code, is 

22 amended— 

23 (1) in subsection (a)(1)(B)— 

24 (A) by inserting a comma after ‘‘proba25 tion’’; and 
23 

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1 (B) by striking the comma which imme2 diately follows another comma; 

3 (2) in subsection (a)(2), by striking subpara4 graph (B); 

5 (3) in subsection (b), by striking ‘‘or impris6 oned not more than ten years, or both’’ and insert7 ing ‘‘and imprisoned not less than 10 years nor 

8 more than 30 years’’; 

9 (4) in the first subsection (e), by striking ‘‘or 

10 imprisoned not more than 10 years, or both’’ and in11 serting ‘‘and imprisoned not less than 10 years nor 

12 more than 30 years’’; 

13 (5) by redesignating the second subsection (e) 

14 as subsection (f); and 

15 (6) in subsection (f) as so redesignated by para16 graph (5)— 

17 (A) by inserting ‘‘attempts or’’ before 

18 ‘‘conspires’’; and 

19 (B) by inserting ‘‘attempted or’’ before 

20 ‘‘the commission’’. 
24 

•S 1605 IS

1 SEC. 12. PROTECTIONS AGAINST MALICIOUS RECORDING 

2 OF FICTITIOUS LIENS AGAINST FEDERAL 

3 JUDGES, FEDERALLY FUNDED PUBLIC SAFE4 TY OFFICERS, OR OTHER FEDERAL OFFI5 CIALS. 

6 (a) OFFENSE.—Chapter 73 of title 18, United States 

7 Code, is amended by adding at the end the following: 

8 ‘‘SEC. 1521. RETALIATING AGAINST A FEDERAL JUDGE, 

9 FEDERALLY FUNDED PUBLIC SAFETY OFFI10 CER, OR OTHER FEDERAL OFFICIAL BY 

11 FALSE CLAIM OR SLANDER OF TITLE. 

12 ‘‘Whoever files or attempts to file, in any public 

13 record or in any private record which is generally available 

14 to the public, any false lien or encumbrance against the 

15 real or personal property of a person designated in section 

16 1114 shall be fined under this title or imprisoned for not 

17 more than 10 years, or both.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of chapter 73 of title 18, United States 

20 Code, is amended by adding at the end the following new 

21 item: 

‘‘1521. Retaliating against a Federal judge, federally funded public safety officer, or other Federal official by false claim or slander of title.’’. 
25 

•S 1605 IS

1 SEC. 13. PROTECTION OF INDIVIDUALS PERFORMING CER2 TAIN FEDERAL AND FEDERALLY ASSISTED 

3 FUNCTIONS. 

4 (a) OFFENSE.—Chapter 7 of title 18, United States 

5 Code, is amended by adding at the end the following: 

6 ‘‘§ 117. Protection of individuals performing certain 

7 Federal and federally assisted functions 

8 ‘‘(a) Whoever knowingly, and with the intent that it 

9 be used to threaten or intimidate a covered official or to 

10 kidnap, injure, or threaten a covered official or an imme11 diate family member of a covered official as defined in sec12 tion 115(c)(2) of this title, makes restricted personal in13 formation about a covered official publicly available shall 

14 be fined under this title and imprisoned for 5 years. 

15 ‘‘(b) It is a defense to a prosecution under this sec16 tion that the covered official gave permission to make the 

17 restricted personal information publicly available. 

18 ‘‘(c) As used in this section— 

19 ‘‘(1) the term ‘restricted personal information’ 

20 means, with respect to an individual, the Social Se21 curity number, the home address, home phone num22 ber, mobile phone number, personal email, or home 

23 fax number of, and identifiable to, that individual; 

24 and 

25 ‘‘(2) the term ‘covered official’ means— 
26 

•S 1605 IS

1 ‘‘(A) an individual designated in section 

2 1114; or 

3 ‘‘(B) a grand or petit juror, witness, or 

4 other officer in or of, any court of the United 

5 States, or an officer who may be serving at any 

6 examination or other proceeding before any 

7 United States magistrate judge or other com8 mitting magistrate.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of chapter 7 of title 18, United States 

11 Code, is amended by adding at the end the following new 

12 item: 

‘‘117. Protection of individuals performing certain Federal and federally assisted 

functions.’’. 

Æ