II 

113TH CONGRESS 

1ST SESSION S. 698 

To protect prosecutors, judges, law enforcement officers, and their families. 

IN THE SENATE OF THE UNITED STATES 

APRIL 10, 2013 

Mr. CORNYN introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To protect prosecutors, judges, law enforcement officers, and 

their families. 

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 ‘‘Line of Duty Act of 

5 2013’’. 

6 SEC. 2. PROTECTION FOR PROSECUTORS AND JUDGES. 

7 (a) MODIFICATIONS TO THE COMMUNITY ORIENTED

8 POLICING SERVICES PROGRAM.—Section 1701(b) of title 

9 I of the Omnibus Crime Control and Safe Streets Act of 

10 1968 (42 U.S.C. 3796dd(b)) is amended— 


tkelley on DSK3SPTVN1PROD with BILLS
2 

•S 698 IS

1 (1) in paragraph (16), by striking ‘‘and’’ at the 

2 end; 

3 (2) by redesignating paragraph (17) as para4 graph (18); 

5 (3) by inserting after paragraph (16) the fol6 lowing: 

7 ‘‘(18) to train and provide security details for 

8 prosecutors and judges, including their immediate 

9 families, involved in cases that raise substantial con10 cerns of retaliation or intimidation through violent 

11 acts; and’’; and 

12 (4) in paragraph (18), as so redesignated, by 

13 striking ‘‘(16)’’ and inserting ‘‘(17)’’. 

14 (b) MODIFICATIONS TO THE EDWARD BYRNE MEMO15 RIAL JUSTICE ASSISTANCE GRANT PROGRAM.—Section 

16 501(a)(1) of title I of the Omnibus Crime Control and 

17 Safe Streets Act of 1968 (42 U.S.C. 3751(a)(1)) is 

18 amended by adding at the end the following: 

19 ‘‘(H) Prosecutorial and judicial security 

20 details and programs.’’. 

21 SEC. 3. JUSTICE FOR PROSECUTORS, JUDGES, LAW EN22 FORCEMENT OFFICERS, AND THEIR FAMI23 LIES. 

24 (a) KILLING OF PROSECUTORS, JUDGES, AND LAW

25 ENFORCEMENT OFFICERS.— 


tkelley on DSK3SPTVN1PROD with BILLS
3 

•S 698 IS

1 (1) OFFENSE.—Chapter 51 of title 18, United 

2 States Code, is amended by adding at the end the 

3 following: 

4 ‘‘§ 1123. Killing of federally funded prosecutors, 

5 judges, and law enforcement officers 

6 ‘‘(a) DEFINITIONS.—In this section— 

7 ‘‘(1) the terms ‘Federal law enforcement officer’ 

8 and ‘United States judge’ have the meanings given 

9 those terms in section 115; 

10 ‘‘(2) the term ‘federally funded public safety of11 ficer’ means a public safety officer or judicial officer 

12 for a public agency that— 

13 ‘‘(A) receives Federal financial assistance; 

14 and 

15 ‘‘(B) is an agency of an entity that is a 

16 State of the United States, the District of Co17 lumbia, the Commonwealth of Puerto Rico, the 

18 Virgin Islands, Guam, American Samoa, the 

19 Commonwealth of the Northern Mariana Is20 lands, or any territory or possession of the 

21 United States, an Indian tribe, or a unit of 

22 local government of that entity; 

23 ‘‘(3) the term ‘firefighter’ includes an individual 

24 serving as an official recognized or designated mem25 ber of a legally organized volunteer fire department 


tkelley on DSK3SPTVN1PROD with BILLS
4 

•S 698 IS

1 and an officially recognized or designated public em2 ployee member of a rescue squad or ambulance crew; 

3 ‘‘(4) the term ‘judicial officer’ means a judge or 

4 other officer or employee of a court, including pros5 ecutors, court security, pretrial services officers, 

6 court reporters, and corrections, probation, and pa7 role officers; 

8 ‘‘(5) the term ‘law enforcement officer’ means 

9 an individual, with arrest powers, involved in crime 

10 or juvenile delinquency control or reduction or en11 forcement of the laws; 

12 ‘‘(6) the term ‘public agency’ includes a court 

13 system, the National Guard of a State to the extent 

14 the personnel of that National Guard are not in 

15 Federal service, and the defense forces of a State 

16 authorized by section 109 of title 32; and 

17 ‘‘(7) the term ‘public safety officer’ means an 

18 individual serving a public agency in an official ca19 pacity, as a law enforcement officer, as a firefighter, 

20 as a chaplain, or as a member of a rescue squad or 

21 ambulance crew. 

22 ‘‘(b) OFFENSE.—It shall be unlawful for any person 

23 to— 

24 ‘‘(1) kill, or attempt or conspire to kill— 

25 ‘‘(A) a United States judge; 


tkelley on DSK3SPTVN1PROD with BILLS
5 

•S 698 IS

1 ‘‘(B) a Federal law enforcement officer; or 

2 ‘‘(C) a federally funded public safety offi3 cer while that officer is engaged in official du4 ties, or on account of the performance of offi5 cial duties; or 

6 ‘‘(2) kill a former United States judge, Federal 

7 law enforcement officer, or federally funded public 

8 safety officer on account of the past performance of 

9 official duties. 

10 ‘‘(c) PENALTY.—Any person that violates subsection 

11 (b) shall be fined under this title and imprisoned for any 

12 term of years not less than 30, or for life, or, if death 

13 results and the offender is prosecuted as a principal, may 

14 be sentenced to death.’’. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions for chapter 51 of title 18, United States Code, 

17 is amended by adding at the end the following: 

‘‘1123. Killing of federally funded prosecutors, judges, and law enforcement officers.’’. 

18 (b) FUGITIVES FROM JUSTICE.— 

19 (1) OFFENSE.—Chapter 49 of title 18, United 

20 States Code, is amended by adding at the end the 

21 following: 


tkelley on DSK3SPTVN1PROD with BILLS
6 

•S 698 IS

1 ‘‘§ 1075. Flight to avoid prosecution for killing pros2 ecutors, judges, and law enforcement offi3 cials 

4 ‘‘(a) OFFENSE.—It shall be unlawful for any person 

5 to move or travel in interstate or foreign commerce with 

6 intent to avoid prosecution, or custody or confinement 

7 after conviction, under the laws of the place from which 

8 the person flees or under section 1114 or 1123, for a crime 

9 consisting of the killing, an attempted killing, or a con10 spiracy to kill a Federal judge or Federal law enforcement 

11 officer (as those terms are defined in section 115), or a 

12 federally funded public safety officer (as that term is de13 fined in section 1123). 

14 ‘‘(b) PENALTY.—Any person that violates subsection 

15 (a) shall be fined under this title and imprisoned for any 

16 term of years not less than 10, in addition to any other 

17 term of imprisonment for any other offense relating to the 

18 conduct described in subsection (a).’’. 

19 (2) CLERICAL AMENDMENT.—The table of sec20 tions for chapter 49 of title 18, United States Code, 

21 is amended by adding at the end the following: 

‘‘1075. Flight to avoid prosecution for killing prosecutors, judges, and law enforcement officials.’’. 

22 (c) AGGRAVATING FACTORS FOR HOMICIDE.—Sec23 tion 3592(c) of title 18, United States Code, is amended 

24 by inserting after paragraph (16) the following: 


tkelley on DSK3SPTVN1PROD with BILLS
7 

•S 698 IS

1 ‘‘(17) KILLING OF A PROSECUTOR, JUDGE, LAW

2 ENFORCEMENT OFFICER, OR FIRST RESPONDER.— 

3 The defendant killed or attempted to kill a person 

4 who is authorized by law— 

5 ‘‘(A) to engage in or supervise the preven6 tion, detention, or investigation of any criminal 

7 violation of law; 

8 ‘‘(B) to arrest, prosecute, or adjudicate an 

9 individual for any criminal violation of law; or 

10 ‘‘(C) to be a firefighter or other first re11 sponder.’’. 

12 (d) FEDERAL REVIEW OF STATE CONVICTION FOR

13 MURDER OF A LAW ENFORCEMENT OFFICER OR

14 JUDGE.— 

15 (1) IN GENERAL.—Section 2254 of title 28, 

16 United States Code, is amended by adding at the 

17 end the following: 

18 ‘‘(j)(1) For an application for a writ of habeas corpus 

19 on behalf of a person in custody pursuant to the judgment 

20 of a State court for a crime that involved the killing of 

21 a public safety officer (as that term is defined in section 

22 1204 of the Omnibus Crime Control and Safe Streets Act 

23 of 1968 (42 U.S.C. 3796b)) or judge, while the public 

24 safety officer or judge was engaged in the performance 

25 of official duties, or on account of the performance of offiVerDate Mar 15 2010 22:24 Apr 15, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S698.IS S698

tkelley on DSK3SPTVN1PROD with BILLS
8 

•S 698 IS

1 cial duties by or status as a public safety officer or judge 

2 of the public safety officer or judge— 

3 ‘‘(A) the application shall be subject to the time 

4 limitations and other requirements under sections 

5 2263, 2264, and 2266; and 

6 ‘‘(B) the court shall not consider claims relating 

7 to sentencing that were adjudicated in a State court. 

8 ‘‘(2) Sections 2251, 2262, and 2101 are the exclusive 

9 sources of authority for Federal courts to stay a sentence 

10 of death entered by a State court in a case described in 

11 paragraph (1).’’. 

12 (2) RULES.—Rule 11 of the Rules Governing 

13 Section 2254 Cases in the United States District 

14 Courts is amended by adding at the end the fol15 lowing: ‘‘Rule 60(b)(6) of the Federal Rules of Civil 

16 Procedure shall not apply to a proceeding under 

17 these rules in a case that is described in section 

18 2254(j) of title 28, United States Code.’’. 

19 (3) FINALITY OF DETERMINATION.—Section 

20 2244(b)(3)(E) of title 28, United States Code, is 

21 amended by striking ‘‘the subject of a petition’’ and 

22 all that follows and inserting: ‘‘reheard in the court 

23 of appeals or reviewed by writ of certiorari.’’. 

24 (4) EFFECTIVE DATE AND APPLICABILITY.— 


tkelley on DSK3SPTVN1PROD with BILLS
9 

•S 698 IS

1 (A) IN GENERAL.—This section and the 

2 amendments made by this section shall apply to 

3 any case pending on or after the date of enact4 ment of this Act. 

5 (B) TIME LIMITS.—In a case pending on 

6 the date of enactment of this Act, if the amend7 ments made by this section impose a time limit 

8 for taking certain action, the period of which 

9 began before the date of enactment of this Act, 

10 the period of such time limit shall begin on the 

11 date of enactment of this Act. 

12 (C) EXCEPTION.—The amendments made 

13 by this section shall not bar consideration under 

14 section 2266(b)(3)(B) of title 28, United States 

15 Code, of an amendment to an application for a 

16 writ of habeas corpus that is pending on the 

17 date of enactment of this Act, if the amend18 ment to the petition was adjudicated by the 

19 court prior to the date of enactment of this Act. 

20 (e) SPECIAL PENALTIES FOR ASSAULTING A FED21 ERAL PROSECUTOR, JUDGE, OR LAW ENFORCEMENT OF22 FICER.— 

23 (1) IN GENERAL.—Section 111 of title 18, 

24 United States Code, is amended to read as follows: 


tkelley on DSK3SPTVN1PROD with BILLS
10 

•S 698 IS

1 ‘‘§ 111. Assaulting or interfering with certain officers 

2 or employees 

3 ‘‘(a) OFFICERS AND EMPLOYEES.— 

4 ‘‘(1) IN GENERAL.—It shall be unlawful for any 

5 person to— 

6 ‘‘(A) assault or interfere with an officer or 

7 employee described in section 1114, while such 

8 officer or employee is engaged in, or on account 

9 of the performance of, official duties; 

10 ‘‘(B) assault or interfere with an individual 

11 who formerly served as an officer or employee 

12 described in section 1114 on account of the per13 formance of official duties; or 

14 ‘‘(C) assault or interfere with an individual 

15 on account of the current or former status of 

16 the individual as an officer or employee de17 scribed in section 1114. 

18 ‘‘(2) PENALTY.—Any person who violates para19 graph (1), shall be— 

20 ‘‘(A) fined under this title; 

21 ‘‘(B)(i) in the case of an interference or a 

22 simple assault, imprisoned for not more than 1 

23 year; 

24 ‘‘(ii) in the case of an assault involving ac25 tual physical contact or the intent to commit 


tkelley on DSK3SPTVN1PROD with BILLS
11 

•S 698 IS

1 any other felony, imprisoned for not more than 

2 10 years; 

3 ‘‘(iii) in the case of an assault resulting in 

4 bodily injury, imprisoned for not more than 20 

5 years; or 

6 ‘‘(iv) in the case of an assault resulting in 

7 substantial bodily injury (as that term is de8 fined in section 113), or if a dangerous weapon 

9 was used or possessed during and in relation to 

10 the offense (including a weapon intended to 

11 cause death or danger but that fails to do so by 

12 reason of a defective component), imprisoned 

13 for not more than 30 years; or 

14 ‘‘(C) fined under subparagraph (A) and 

15 imprisoned under subparagraph (B). 

16 ‘‘(b) LAW ENFORCEMENT OFFICERS AND JUDGES.— 

17 ‘‘(1) IN GENERAL.— 

18 ‘‘(A) SUBSTANTIAL BODILY INJURY.—If 

19 the victim of an assault punishable under this 

20 section is a Federal law enforcement officer or 

21 a United States judge (as those terms are de22 fined in section 115) and the assault resulted in 

23 substantial bodily injury (as that term is de24 fined in section 113), the offender shall be pun25 ished by a fine under this title and imprisonVerDate Mar 15 2010 22:24 Apr 15, 2013 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S698.IS S698

tkelley on DSK3SPTVN1PROD with BILLS
12 

•S 698 IS

1 ment for not less 5 years nor more than 30 

2 years. 

3 ‘‘(B) SERIOUS BODILY INJURY.—If the vic4 tim of an assault punishable under this section 

5 is a Federal law enforcement officer or a 

6 United States judge (as those terms are defined 

7 in section 115) and the assault resulted in seri8 ous bodily injury (as that term is defined in 

9 section 2119(2)), or a dangerous weapon was 

10 used or possessed during and in relation to the 

11 offense, the offender shall be punished by a fine 

12 under this title and imprisonment for any term 

13 of years not less than 10 or for life. 

14 ‘‘(2) IMPOSITION OF PUNISHMENT.—Each pun15 ishment for criminal conduct described in this sub16 section shall be in addition to any other punishment 

17 for other criminal conduct during the same criminal 

18 episode.’’. 

19 (2) TECHNICAL AND CONFORMING AMEND20 MENT.—The table of sections for chapter 7 of title 

21 18, United States Code, is amended by striking the 

22 item relating to section 111 and inserting the fol23 lowing: 

‘‘111. Assaulting or interfering with certain officers or employees.’’. 

24 (f) SPECIAL PENALTIES FOR RETALIATING AGAINST

25 A FEDERAL PROSECUTOR, JUDGE, OR LAW ENFORCEVerDate Mar 15 2010 22:24 Apr 15, 2013 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S698.IS S698

tkelley on DSK3SPTVN1PROD with BILLS
13 

•S 698 IS

1 MENT OFFICER BY MURDERING OR ASSAULTING A FAM2 ILY MEMBER.— 

3 (1) IN GENERAL.—Section 115 of title 18, 

4 United States Code, is amended— 

5 (A) by redesignating subsections (c) and 

6 (d) as subsections (d) and (e), respectively; and 

7 (B) by inserting after subsection (b) the 

8 following: 

9 ‘‘(c)(1) If an offense punishable under this section 

10 is committed with the intent to impede, intimidate, or 

11 interfere with a Federal law enforcement officer or a 

12 United States judge while that officer or judge is engaged 

13 in the performance of official duties, with the intent to 

14 retaliate against that officer or judge or a person who for15 merly served as such an officer or judge on account of 

16 the performance of official duties, or with the intent to 

17 retaliate against an individual on account of the current 

18 or former status of the individual as such an officer or 

19 judge, the offender shall be punished— 

20 ‘‘(A) in the case of murder, attempted murder, 

21 conspiracy to murder, or manslaughter, as provided 

22 in section 1114(1); 

23 ‘‘(B) in the case of kidnapping, attempted kid24 napping, or conspiracy to kidnap, as provided in sec25 tion 1201(a); 


tkelley on DSK3SPTVN1PROD with BILLS
14 

•S 698 IS

1 ‘‘(C) in the case of an assault resulting in bod2 ily injury or involving the use or possession of a dan3 gerous weapon during and in relation to the offense, 

4 as provided for a comparable offense against a Fed5 eral law enforcement officer or United States judge 

6 under section 111; and 

7 ‘‘(D) in the case of any other assault or threat, 

8 by a fine under this title and imprisonment for not 

9 more than 10 years. 

10 ‘‘(2) Each punishment for criminal conduct described 

11 in this subsection shall be in addition to any other punish12 ment for other criminal conduct during the same criminal 

13 episode.’’. 

14 (2) TECHNICAL AND CONFORMING AMEND15 MENTS.— 

16 (A) Section 119(b)(4) of title 18, United 

17 States Code, is amended by striking ‘‘section 

18 115(c)(2)’’ and inserting ‘‘section 115’’. 

19 (B) Section 2237(e)(1) of title 18, United 

20 States Code, is amended by striking ‘‘in section 

21 115(c)’’ and inserting ‘‘in section 115’’. 

22 (C) Section 5(a) of the Act entitled ‘‘An 

23 Act to promote the development of Indian arts 

24 and crafts and to create a board to assist there25 in, and for other purposes’’ (25 U.S.C. 305d) is 


tkelley on DSK3SPTVN1PROD with BILLS
15 

•S 698 IS

1 amended by striking ‘‘in section 115(c)’’ and in2 serting ‘‘in section 115’’. 

3 SEC. 4. SELF-DEFENSE RIGHTS FOR PROSECUTORS, 

4 JUDGES, AND LAW ENFORCEMENT OFFICERS. 

5 (a) IN GENERAL.—Chapter 203 of title 18, United 

6 States Code, is amended by inserting after section 3053 

7 the following: 

8 ‘‘§ 3054. Authority of judges, prosecutors, and law en9 forcement officers to carry firearms 

10 ‘‘Subject to such regulations as the Attorney General 

11 shall prescribe regarding training and proficiency in the 

12 use of firearms, any officer, agent, or employee of the 

13 United States, a State, or a political subdivision thereof, 

14 who is authorized by law to engage in or supervise the 

15 prevention, detection, investigation, prosecution, or adju16 dication of any violation of law may carry firearms. Such 

17 authority to carry firearms shall extend, but not be limited 

18 to presence within any building or structure classified as 

19 a Federal facility or Federal court facility, as those terms 

20 are defined under section 930, and any grounds appur21 tenant to such a facility, where such possession is other22 wise authorized by law and incident to the lawful perform23 ance of the official duties of that person.’’. 

24 (b) CARRYING OF CONCEALED FIREARMS BY QUALI25 FIED LAW ENFORCEMENT OFFICERS.—Section 


tkelley on DSK3SPTVN1PROD with BILLS
16 

•S 698 IS

1 926B(e)(2) of title 18, United States Code, is amended 

2 by inserting ‘‘any magazine and’’ after ‘‘includes’’. 

3 (c) CARRYING OF CONCEALED FIREARMS BY QUALI4 FIED RETIRED LAW ENFORCEMENT OFFICERS.—Section 

5 926C(e)(1)(B) of title 18, United States Code, is amended 

6 by inserting ‘‘any magazine and’’ after ‘‘includes’’. 

7 (d) SCHOOL ZONES.—Section 922(q)(2)(B)(vi) title 

8 18, United States Code, is amended by inserting ‘‘, a 

9 qualified law enforcement officer (as defined in section 

10 926B(c)), or a qualified retired law enforcement officer 

11 (as defined in section 926C(c))’’ before the semicolon. 

12 (e) REGULATIONS REQUIRED.—Not later than 60 

13 days after the date of enactment of this Act, the Attorney 

14 General shall promulgate regulations allowing persons de15 scribed in section 3054 of title 18, United States Code, 

16 to possess firearms in a manner described by that section. 

17 With respect to Federal justices, judges, bankruptcy 

18 judges, and magistrate judges, such regulations shall be 

19 prescribed after consultation with the Judicial Conference 

20 of the United States. 

21 (f) TECHNICAL AND CONFORMING AMENDMENT.— 

22 The table of sections for chapter 203 of title 18, United 

23 States Code, is amended by inserting after the item relat24 ing to section 3053 the following: 

‘‘3054. Authority of judges, prosecutors, and law enforcement officers to carry 

firearms.’’. 


tkelley on DSK3SPTVN1PROD with BILLS
17 

•S 698 IS

1 SEC. 5. LIMITATION ON DAMAGES INCURRED DURING COM2 MISSION OF A FELONY OR CRIME OF VIO3 LENCE. 

4 (a) IN GENERAL.—Section 1979 of the Revised Stat5 utes (42 U.S.C. 1983) is amended by— 

6 (1) striking ‘‘except that in any action’’ and all 

7 that follows through ‘‘relief was unavailable.’’ and 

8 inserting the following: ‘‘except that— 

9 ‘‘(1) in any action brought against a judicial of10 ficer for an act or omission taken in the judicial ca11 pacity of that officer, injunctive relief shall not be 

12 granted unless a declaratory decree was violated or 

13 declaratory relief was unavailable; and 

14 ‘‘(2) in any action seeking redress for any dep15 rivation that was incurred in the course of, or as a 

16 result of, or is related to, conduct by the injured 

17 party that, more likely than not, constituted a felony 

18 or a crime of violence (as that term is defined in sec19 tion 16 of title 18, United States Code) (including 

20 any deprivation in the course of arrest or apprehen21 sion for, or the investigation, prosecution, or adju22 dication of, such an offense), a court may not award 

23 damages other than for necessary out-of-pocket ex24 penditures and other monetary loss.’’; and 

25 (2) indenting the last sentence as an undesig26 nated paragraph. 


tkelley on DSK3SPTVN1PROD with BILLS
18 

•S 698 IS

1 (b) ATTORNEY’S FEES.—Section 722(b) of the Re2 vised Statutes (42 U.S.C. 1988(b)) is amended by striking 

3 ‘‘except that in any action’’ and all that follows and insert4 ing the following: ‘‘except that— 

5 ‘‘(1) in any action brought against a judicial of6 ficer for an act or omission taken in the judicial ca7 pacity of that officer, such officer shall not be held 

8 liable for any costs, including attorneys fees, unless 

9 such action was clearly in excess of the jurisdiction 

10 of that officer; and 

11 ‘‘(2) in any action seeking redress for any dep12 rivation that was incurred in the course of, or as a 

13 result of, or is related to, conduct by the injured 

14 party that, more likely than not, constituted a felony 

15 or a crime of violence (as that term is defined in sec16 tion 16 of title 18, United States Code) (including 

17 any deprivation in the course of arrest or apprehen18 sion for, or the investigation, prosecution, or adju19 dication of, such an offense), the court may not 

20 allow such party to recover attorney’s fees.’’. 

21 SEC. 6. SELF-DEFENSE RIGHTS FOR FEDERAL CORREC22 TIONAL WORKERS. 

23 (a) IN GENERAL.—Chapter 303 of title 18, United 

24 States Code, is amended by adding at the end the fol25 lowing: 


tkelley on DSK3SPTVN1PROD with BILLS
19 

•S 698 IS

1 ‘‘§ 4049. Secure firearms storage for Federal correc2 tional workers 

3 ‘‘The Director of the Bureau of Prisons shall ensure 

4 that each Federal penal or correctional institution pro5 vides a secure firearms storage area for use by all persons 

6 employed by the Bureau of Prisons at the institution who 

7 are authorized to carry a firearm, or allow such persons 

8 to store firearms in a vehicle lockbox approved by the Di9 rector.’’. 

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

11 for chapter 303 of title 18, United States Code, is amend12 ed by adding at the end the following: 

‘‘4049. Secure firearms storage for Federal correctional workers.’’. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS