Calendar No. 203

105TH CONGRESS

1ST SESSION S. 1189

A BILL

To increase the criminal penalties for assaulting or

purposes.bers, and other public servants, and for otherthreatening Federal judges, their family memOCTOBER 9, 1997

Reported without amendment
II

Calendar No. 203

105TH CONGRESS

1ST SESSION S. 1189

To increase the criminal penalties for assaulting or threatening Federal

judges, their family members, and other public servants, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 17, 1997

Mr. SMITH of Oregon (for himself, Mr. HATCH, and Mr. LEAHY) introduced

the following bill; which was read twice and referred to the Committee

on the Judiciary

OCTOBER 9, 1997

Reported by Mr. HATCH, without amendment

A BILL

To increase the criminal penalties for assaulting or threatening Federal judges, their family members, and other

public servants, 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 ‘‘Federal Judiciary Pro5 tection Act of 1997’’.
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1 SEC. 2. ASSAULTING, RESISTING, OR IMPEDING CERTAIN

2 OFFICERS OR EMPLOYEES.

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

4 amended—

5 (1) in subsection (a), by striking ‘‘three’’ and

6 inserting ‘‘8’’; and

7 (2) in subsection (b), by striking ‘‘ten’’ and in8 serting ‘‘20’’.

9 SEC. 3. INFLUENCING, IMPEDING, OR RETALIATING

10 AGAINST A FEDERAL OFFICIAL BY THREAT11 ENING OR INJURING A FAMILY MEMBER.

12 Section 115(b)(4) of title 18, United States Code, is

13 amended—

14 (1) by striking ‘‘five’’ and inserting ‘‘10’’; and

15 (2) by striking ‘‘three’’ and inserting ‘‘6’’.

16 SEC. 4. MAILING THREATENING COMMUNICATIONS.

17 Section 876 of title 18, United States Code, is

18 amended—

19 (1) by designating the first 4 undesignated

20 paragraphs as subsections (a) through (d), respec21 tively;

22 (2) in subsection (c), as so designated, by add23 ing at the end the following: ‘‘If such a communica24 tion is addressed to a United States judge, a Fed25 eral law enforcement officer, or an official who is

26 covered by section 1114, the individual shall be fined
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1 under this title, imprisoned not more than 10 years,

2 or both.’’; and

3 (3) in subsection (d), as so designated, by add4 ing at the end the following: ‘‘If such a communica5 tion is addressed to a United States judge, a Fed6 eral law enforcement officer, or an official who is

7 covered by section 1114, the individual shall be fined

8 under this title, imprisoned not more than 10 years,

9 or both.’’.

10 SEC. 5. AMENDMENT OF THE SENTENCING GUIDELINES

11 FOR ASSAULTS AND THREATS AGAINST FED12 ERAL JUDGES AND CERTAIN OTHER FED13 ERAL OFFICIALS AND EMPLOYEES.

14 (a) IN GENERAL.—Pursuant to its authority under

15 section 994 of title 28, United States Code, the United

16 States Sentencing Commission shall review and amend the

17 Federal sentencing guidelines and the policy statements

18 of the commission, if appropriate, to provide an appro19 priate sentencing enhancement for offenses involving in20 fluencing, assaulting, resisting, impeding, retaliating

21 against, or threatening a Federal judge, magistrate judge,

22 or any other official described in section 111 or 115 of

23 title 18, United States Code.

24 (b) FACTORS FOR CONSIDERATION.—In carrying out

25 this section, the United States Sentencing Commission
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1 shall consider, with respect to each offense described in

2 subsection (a)—

3 (1) any expression of congressional intent re4 garding the appropriate penalties for the offense;

5 (2) the range of conduct covered by the offense;

6 (3) the existing sentences for the offense;

7 (4) the extent to which sentencing enhance8 ments within the Federal sentencing guidelines and

9 the court’s authority to impose a sentence in excess

10 of the applicable guideline range are adequate to en11 sure punishment at or near the maximum penalty

12 for the most egregious conduct covered by the of13 fense;

14 (5) the extent to which Federal sentencing

15 guideline sentences for the offense have been con16 strained by statutory maximum penalties;

17 (6) the extent to which Federal sentencing

18 guidelines for the offense adequately achieve the

19 purposes of sentencing as set forth in section

20 3553(a)(2) of title 18, United States Code;

21 (7) the relationship of Federal sentencing

22 guidelines for the offense to the Federal sentencing

23 guidelines for other offenses of comparable serious24 ness; and
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1 (8) any other factors that the Commission con2 siders to be appropriate.