I 

117TH CONGRESS 

1ST SESSION H. R. 1690 

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 HOUSE OF REPRESENTATIVES 

MARCH 9, 2021 

Ms. HERRELL (for herself, Mr. BACON, Mr. WEBER of Texas, Mr. GOSAR, Mr. 

GUEST, Mr. KELLER, Mr. CARL, Mr. GOODEN of Texas, Mr. GARBARINO, 

Ms. MALLIOTAKIS, Mr. MOORE of Alabama, Ms. TENNEY, Mr. BISHOP

of North Carolina, Mr. BABIN, Ms. STEFANIK, Mr. HARRIS, Mr. 

NEWHOUSE, Mr. CALVERT, Mr. MCCLINTOCK, Mr. ZELDIN, Mrs. 

CAMMACK, Mr. HIGGINS of Louisiana, Mrs. GREENE of Georgia, and Mr. 

VALADAO) introduced the following bill; which was 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. 

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. 

4 This Act may be cited as the ‘‘Defending our Defend5 ers Act’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 1690 IH

1 SEC. 2. MURDER OF LAW ENFORCEMENT OFFICERS. 

2 (a) IN GENERAL.—Chapter 51 of title 18, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 1123. Murder of law enforcement officers 

6 ‘‘(a) FEDERAL LAW ENFORCEMENT OFFICERS.—In 

7 the case of an individual who commits an offense described 

8 in section 1111 and the victim of the offense is a Federal 

9 law enforcement officer (as defined in section 2 of the Law 

10 Enforcement Congressional Badge of Bravery Act of 2008 

11 (34 U.S.C. 50301)) acting in the course of the official du12 ties of the officer, the individual shall be punished by 

13 death or by imprisonment for life. 

14 ‘‘(b) STATE AND LOCAL LAW ENFORCEMENT OFFI15 CERS.—In the case of an individual who travels in inter16 state or foreign commerce or uses any facility interstate 

17 or foreign commerce, including the mail, telephone, radio, 

18 or television, with the intent to commit an offense de19 scribed in section 1111 or who uses a weapon or instru20 ment that has traveled in interstate or foreign commerce 

21 to commit said offense, and the victim of the offense is 

22 a State or local law enforcement officer (as defined in sec23 tion 2 of the Law Enforcement Congressional Badge of 

24 Bravery Act of 2008 (34 U.S.C. 50301)) acting in the 

25 course of the official duties of the officer, the individual 

26 shall be punished by death or by imprisonment for life. 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 1690 IH

1 ‘‘(c) AGGRAVATING FACTORS.—In determining 

2 whether a sentence of death is to be imposed on a defend3 ant convicted of an offense described in subsection (a) or 

4 (b), the jury, or if there is no jury, the court, shall con5 sider, in addition to the factors described in section 

6 3592(c), each of the following aggravating factors for 

7 which notice has been given and determine which, if any, 

8 exist: 

9 ‘‘(1) INTENT TO AMBUSH.—The defendant com10 mitted the offense by an act of ambush. 

11 ‘‘(2) PRIOR STATEMENTS ADVOCATING FOR OR

12 PROMOTING VIOLENCE AGAINST LAW ENFORCEMENT

13 OFFICERS.—The defendant has a prior history of 

14 advocating for or promoting acts of violence, includ15 ing murder or assault, against a law enforcement of16 ficer. 

17 ‘‘(3) PARTICIPATION IN OR AFFILIATION WITH

18 ANARCHIST OR OTHER VIOLENCE PROMOTING ORGA19 NIZATION.—The defendant is a member of or affili20 ated with any organization that the Attorney Gen21 eral or other high ranking law enforcement official 

22 has determined to be an anarchist, domestic ter23 rorist, or any other organization or group that ac24 tively promotes violence or the overthrow of the Fed25 eral Government. 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 1690 IH

1 ‘‘(4) OCCURRENCE DURING ORGANIZED ANTI2 LAW ENFORCEMENT OFFICER ACTIVITY.—The of3 fense was committed during a time and in a place 

4 when there was active organized activity against or 

5 targeting law enforcement officers. 

6 ‘‘(5) ATTEMPT TO PREVENT LAWFUL EXECU7 TION OF LAW ENFORCEMENT DUTIES.—The defend8 ant committed the offense in attempt to evade or 

9 otherwise prevent the law enforcement officer from 

10 carrying out a lawful arrest or other lawful author11 ized law enforcement activity. 

12 ‘‘(6) PRIOR THREATS.—The defendant has per13 sonally made prior threats of violence against a law 

14 enforcement officer. 

15 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec16 tion shall be construed as— 

17 ‘‘(1) indicating an intent on the part of Con18 gress to prevent any State, any possession or Com19 monwealth of the United States, or the District of 

20 Columbia, from exercising jurisdiction over any of21 fense over which the State, possession, Common22 wealth, or District of Columbia would have jurisdic23 tion in the absence of this section; or 

24 ‘‘(2) depriving State and local law enforcement 

25 agencies of responsibility for prosecuting acts that 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 1690 IH

1 may be violations of this section and that are viola2 tions of State or local law.’’. 

3 (b) TABLE OF SECTIONS.—The table of sections for 

4 chapter 51 of title 18, United States Code, is amended 

5 by inserting after the item relating to section 1122 the 

6 following: 

‘‘1123. Murder of law enforcement officers.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS