I 

109TH CONGRESS 

1ST SESSION H. R. 2194

To amend title 18, United States Code, to provide additional protections 

for law enforcement officers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 5, 2005

Mr. DANIEL E. LUNGREN of California introduced the following bill; which 

was referred to the Committee on the Judiciary 

A BILL

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

protections for law enforcement officers, 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. 

4 This Act may be cited as the ‘‘Law Enforcement Pro5 tection Act of 2005’’. 

6 SEC. 2. PROTECTION OF LAW ENFORCEMENT OFFICERS. 

7 (a) ASSAULTS.—

8 (1) FEDERAL LAW ENFORCEMENT OFFICERS.—

9 Section 111 of title 18, United States Code, is 

10 amended by adding at the end the following: 
2

•HR 2194 IH 

1 ‘‘(c) ALTERNATE PENALTY WHERE VICTIM IS A LAW

2 ENFORCEMENT OFFICER.—If the offense is an assault 

3 and the victim of the offense under this section is a law 

4 enforcement officer (as defined in section 115), in lieu of 

5 the penalties otherwise set forth in this section, the of6 fender shall be subject to a fine under this title and—

7 ‘‘(1) if the assault resulted in bodily injury (as 

8 defined in section 1365), shall be imprisoned not less 

9 than one nor more than 10 years; 

10 ‘‘(2) if the assault resulted in substantial bodily 

11 injury (as defined in section 113), shall be impris12 oned not less than 3 nor more than 12 years; 

13 ‘‘(3) if the assault resulted in serious bodily in14 jury (as defined in section 1365), shall be impris15 oned not less than 5 nor more than 15 years; 

16 ‘‘(4) if a deadly or dangerous weapon was used 

17 during and in relation to the assault, shall be im18 prisoned not less than 5 nor more than 20 years; 

19 and 

20 ‘‘(5) shall be subject to imprisonment for not 

21 more than 1 year in any other case.’’. 

22 (2) FEDERALLY FUNDED STATE AND LOCAL

23 LAW ENFORCEMENT OFFICERS.—
3

•HR 2194 IH 

1 (A) OFFENSE.—Chapter 7 of title 18, 

2 United States Code, is amended by adding at 

3 the end the following: 

4 ‘‘§ 117. Protection of federally funded State and local 

5 law enforcement officers 

6 ‘‘(a) Whoever assaults a Federally funded State or 

7 local law enforcement officer while engaged in or on ac8 count of the performance of official duties, or assaults any 

9 person who formerly served as a Federally funded State 

10 or local law enforcement officer on account of the perform11 ance of such person’s official duties during such service 

12 shall be subject to a fine under this title and—

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

14 defined in section 1365), shall be imprisoned not less 

15 than one nor more than 10 years; 

16 ‘‘(2) if the assault resulted in substantial bodily 

17 injury (as defined in section 113), shall be impris18 oned not less than 3 nor more than 12 years; 

19 ‘‘(3) if the assault resulted in serious bodily in20 jury (as defined in section 1365), shall be impris21 oned not less than 5 nor more than 15 years; 

22 ‘‘(4) if a deadly or dangerous weapon was used 

23 during and in relation to the assault, shall be im24 prisoned not less than 5 nor more than 20 years; 

25 and 
4

•HR 2194 IH 

1 ‘‘(5) shall be imprisoned for not more than 1 

2 year in any other case. 

3 ‘‘(b) As used in this section, the term ‘Federally fund4 ed State or local law enforcement officer’ means an indi5 vidual involved in crime and juvenile delinquency control 

6 or reduction, or enforcement of the laws (including a po7 lice, corrections, probation, or parole officer) who works 

8 for a public agency (that receives Federal financial assist9 ance) of a State of the United States or the District of 

10 Columbia.’’. 

11 (B) CLERICAL AMENDMENT.—The table of 

12 sections at the beginning of chapter 7 of title 

13 18, United States Code, is amended by adding 

14 at the end the following new item:

‘‘117. Federally funded State and local law enforcement officers.’’.

15 (b) KILLINGS AND ATTEMPTS AND CONSPIRACIES TO

16 KILL.—

17 (1) KILLINGS AND ATTEMPTED KILLINGS OF

18 FEDERAL LAW ENFORCEMENT OFFICERS.—Section 

19 1114 of title 18, United States Code, is amended—

20 (A) by inserting ‘‘(a)’’ before ‘‘Whoever’’; 

21 and 

22 (B) by adding at the end the following: 

23 ‘‘(b) ALTERNATE PENALTY WHERE VICTIM IS A

24 LAW ENFORCEMENT OFFICER.—If the victim of the of25 fense under this section is a law enforcement officer (as 
5

•HR 2194 IH 

1 defined in section 115), in lieu of the penalties otherwise 

2 set forth in this section, if the offense is described below, 

3 the offender shall be fined under this title and—

4 ‘‘(1) if the offense is murder in the first degree, 

5 shall be punished by death or by imprisonment for 

6 life; 

7 ‘‘(2) if the offense is murder in the second de8 gree, shall be punished by imprisonment for any 

9 term of years not less than 30, or for life; 

10 ‘‘(3) if the offense is voluntary manslaughter, 

11 shall be imprisoned not more than 20 years; 

12 ‘‘(4) if the offense is involuntary manslaughter, 

13 shall be imprisoned not more than 10 years; and 

14 ‘‘(5) if the offense is attempted murder, shall be 

15 imprisoned for any term of years not less than 25 

16 years, or for life.’’. 

17 (2) NEW OFFENSE RELATING TO KILLINGS OF

18 FEDERALLY FUNDED LAW ENFORCEMENT OFFI19 CERS.—

20 (A) IN GENERAL.—Chapter 51 of title 18, 

21 United States Code, is amended by adding at 

22 the end the following: 

23 ‘‘§ 1123. Killings of federally funded State and local 

24 law enforcement officers 

25 ‘‘(a) Whoever—
6

•HR 2194 IH 

1 ‘‘(1) kills or attempts to kill a Federally funded 

2 State or local law enforcement officer while engaged 

3 in or on account of the performance of official duties 

4 or 

5 ‘‘(2) kills or attempts to kill any person who 

6 formerly served as a Federally funded State or local 

7 law enforcement officer on account of the perform8 ance of such person’s official duties during such 

9 service; 

10 shall, if the conduct constituting the offense is described 

11 in subsection (b), be punished as provided in that sub12 section. 

13 ‘‘(b) The punishment for an offense under subsection 

14 (a) is a fine under this title and—

15 ‘‘(1) if the offense is murder in the first degree, 

16 death or imprisonment for life; 

17 ‘‘(2) if the offense is murder in the second de18 gree, imprisonment for any term of years not less 

19 than 30, or for life; 

20 ‘‘(3) if the offense is voluntary manslaughter, 

21 imprisonment for not more than 20 years; 

22 ‘‘(4) if the offense is involuntary manslaughter, 

23 imprisonment for not more than 10 years; and 
7

•HR 2194 IH 

1 ‘‘(5) if the offense is attempted murder, impris2 onment for any term of years not less than 25 years, 

3 or for life. 

4 ‘‘(c) As used in this section, the term ‘federally fund5 ed law enforcement officer’ has the meaning given that 

6 term in section 117 and the terms ‘murder in the first 

7 degree’, ‘murder in the second degree’, ‘voluntary man8 slaughter’, and ‘involuntary manslaughter’ have the mean9 ings given those terms in sections 1111 and 1112.’’. 

10 (3) CONSPIRACIES TO KILL LAW ENFORCEMENT

11 OFFICERS.—Section 1117 of title 18, United States 

12 Code, is amended—

13 (A) by striking ‘‘or 1119’’ and inserting ‘‘, 

14 1119, or 1123’’; and 

15 (B) by adding at the end the following: ‘‘If 

16 the object of the conspiracy is the murder of a 

17 law enforcement officer that would violate sec18 tion 1114 or 1123, the term of imprisonment 

19 imposed under this section shall be not less 

20 than 25 years.’’. 

21 SEC. 3. PROTECTION OF LAW ENFORCEMENT OFFICER 

22 FAMILY MEMBERS. 

23 (a) MODIFICATION OF SECTION 115.—Section 115 of 

24 title 18, United States Code is amended—
8

•HR 2194 IH 

1 (1) in subsection (a)(1)(A), by inserting ‘‘a fed2 erally funded law enforcement officer (as defined in 

3 section 117),’’ after ‘‘a Federal law enforcement offi4 cer,’’; and 

5 (2) by adding at the end of subsection (b) the 

6 following: 

7 ‘‘(5) In lieu of the punishments otherwise provided 

8 by this subsection for offenses described in this paragraph, 

9 if the victim of the offense under this subsection is an 

10 immediate family member of a Federal law enforcement 

11 officer or of a Federally funded law enforcement officer, 

12 the punishments shall be as follows: 

13 ‘‘(A) If the offense is an assault: 

14 ‘‘(i) If the assault resulted in bodily injury 

15 (as defined in section 1365), a term of impris16 onment for not less than 5 years nor more than 

17 10 years. 

18 ‘‘(ii) If the assault resulted in substantial 

19 bodily injury (as defined in section 113), a term 

20 of imprisonment for not less than 7 years nor 

21 more than 12 years. 

22 ‘‘(iii) If the assault resulted in serious bod23 ily injury (as defined in section 1365), a term 

24 of imprisonment for not less than 10 years nor 

25 more than 15 years. 
9

•HR 2194 IH 

1 ‘‘(iv) If a dangerous weapon was used dur2 ing and in relation to the offense, a term of im3 prisonment for not less than 10 years nor more 

4 than 20 years. 

5 ‘‘(B) If the offense is a kidnapping, attempted 

6 kidnapping, or conspiracy to kidnap: 

7 ‘‘(i) Except as provided in clause (ii), a 

8 term of imprisonment for not less than 20 years 

9 or for life and, if the death of any person re10 sults, death or imprisonment for life. 

11 ‘‘(ii) If the kidnapping involves a minor 

12 child as described in 18 U.S.C. 1201 (g)(1)(A), 

13 and the offender is described by 18 U.S.C. 

14 1201(g)(1)(B), the punishment for such offense 

15 shall be a term of imprisonment for not less 

16 than 25 years or for life and, if the death of 

17 any person results, shall be punished by death 

18 or imprisonment for life. 

19 ‘‘(C) If the offense is a murder (as defined in 

20 section 1111) or an attempt or conspiracy to mur21 der: 

22 ‘‘(i) If the offense is murder in the first 

23 degree, the murder shall be punished by death 

24 or by imprisonment for life. 
10

•HR 2194 IH 

1 ‘‘(ii) If the offense is murder in the second 

2 degree, the murder shall be punished by impris3 onment for any term of years not less than 30, 

4 or for life. 

5 ‘‘(iii) If the offense is attempted murder, 

6 the attempt shall be punished by imprisonment 

7 for any term of years not less than 25, or for 

8 life. 

9 ‘‘(D) If the offense is a threat to murder, the 

10 threat shall be punished by imprisonment for a term 

11 of not less than five years nor more than 12 years, 

12 and if a threatened assault or kidnapping, by impris13 onment for not less than two years nor more than 

14 ten years.’’.

Æ