I 

109TH CONGRESS 

2D SESSION H. R. 4732 

To amend title 18, United States Code, to provide Federal penalties for 

killing federally funded public safety officers. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 8, 2006 

Mr. PORTER introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to provide Federal 

penalties for killing federally funded public safety officers. 

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 ‘‘Sergeant Henry 

5 Prendes Memorial Act of 2006’’. 

6 SEC. 2. PROTECTION OF FEDERALLY FUNDED PUBLIC 

7 SAFETY OFFICERS. 

8 (a) OFFENSE.—Chapter 51 of title 18, United States 

9 Code, is amended by adding at the end the following: 
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1 ‘‘§ 1123. Killing of federally funded public safety offi2 cers 

3 ‘‘(a) Whoever kills, or attempts or conspires to kill, 

4 a federally funded public safety officer while that officer 

5 is engaged in official duties, or on account of the perform6 ance of official duties, or kills a former federally funded 

7 public safety officer on account of the past performance 

8 of official duties, shall be punished by a fine under this 

9 title and imprisonment for any term of years not less than 

10 30, or for life, or, if death results and the offender is pros11 ecuted as a principal, may be sentenced to death. 

12 ‘‘(b) As used in this section— 

13 ‘‘(1) the term ‘federally funded public safety of14 ficer’ means a public safety officer for a public agen15 cy (including a court system, the National Guard of 

16 a State to the extent the personnel of that National 

17 Guard are not in Federal service, and the defense 

18 forces of a State authorized by section 109 of title 

19 32) that receives Federal financial assistance, of an 

20 entity that is a State of the United States, the Dis21 trict of Columbia, the Commonwealth of Puerto 

22 Rico, the Virgin Islands of the United States, Guam, 

23 American Samoa, the Trust Territory of the Pacific 

24 Islands, the Commonwealth of the Northern Mar25 iana Islands, or any territory or possession of the 
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1 United States, an Indian tribe, or a unit of local 

2 government of that entity; 

3 ‘‘(2) the term ‘public safety officer’ means an 

4 individual serving a public agency in an official ca5 pacity, as a judicial officer, as a law enforcement of6 ficer, as a firefighter, as a chaplain, or as a member 

7 of a rescue squad or ambulance crew; 

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

9 other officer or employee of a court, including pros10 ecutors, court security, pretrial services officers, 

11 court reporters, and corrections, probation, and pa12 role officers; 

13 ‘‘(4) the term ‘firefighter’ includes an individual 

14 serving as an official recognized or designated mem15 ber of a legally organized volunteer fire department 

16 and an officially recognized or designated public em17 ployee member of a rescue squad or ambulance crew; 

18 and 

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

20 an individual, with arrest powers, involved in crime 

21 and juvenile delinquency control or reduction, or en22 forcement of the laws.’’. 

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

24 at the beginning of chapter 51 of title 18, United States 
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1 Code, is amended by adding at the end the following new 

2 item: 

‘‘1123. Killing of federally funded public safety officers’’. 

Æ