II

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 and Mr. HATCH) introduced the following

bill; which was read twice and referred to the Committee on the Judiciary

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’’.

6 SEC. 2. ASSAULTING, RESISTING, OR IMPEDING CERTAIN

7 OFFICERS OR EMPLOYEES.

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

9 amended—
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1 (1) in subsection (a), by striking ‘‘three’’ and

2 inserting ‘‘8’’; and

3 (2) in subsection (b), by striking ‘‘ten’’ and in4 serting ‘‘20’’.

5 SEC. 3. INFLUENCING, IMPEDING, OR RETALIATING

6 AGAINST A FEDERAL OFFICIAL BY THREAT7 ENING OR INJURING A FAMILY MEMBER.

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

9 amended—

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

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

12 SEC. 4. MAILING THREATENING COMMUNICATIONS.

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

14 amended—

15 (1) by designating the first 4 undesignated

16 paragraphs as subsections (a) through (d), respec17 tively;

18 (2) in subsection (c), as so designated, by add19 ing at the end the following: ‘‘If such a communica20 tion is addressed to a United States judge, a Fed21 eral law enforcement officer, or an official who is

22 covered by section 1114, the individual shall be fined

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

24 or both.’’; and
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1 (3) in subsection (d), as so designated, by add2 ing at the end the following: ‘‘If such a communica3 tion is addressed to a United States judge, a Fed4 eral law enforcement officer, or an official who is

5 covered by section 1114, the individual shall be fined

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

7 or both.’’.

8 SEC. 5. AMENDMENT OF THE SENTENCING GUIDELINES

9 FOR ASSAULTS AND THREATS AGAINST FED10 ERAL JUDGES AND CERTAIN OTHER FED11 ERAL OFFICIALS AND EMPLOYEES.

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

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

14 States Sentencing Commission shall review and amend the

15 Federal sentencing guidelines and the policy statements

16 of the commission, if appropriate, to provide an appro17 priate sentencing enhancement for offenses involving in18 fluencing, assaulting, resisting, impeding, retaliating

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

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

21 title 18, United States Code.

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

23 this section, the United States Sentencing Commission

24 shall consider, with respect to each offense described in

25 subsection (a)—
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1 (1) any expression of congressional intent re2 garding the appropriate penalties for the offense;

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

4 (3) the existing sentences for the offense;

5 (4) the extent to which sentencing enhance6 ments within the Federal sentencing guidelines and

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

8 of the applicable guideline range are adequate to en9 sure punishment at or near the maximum penalty

10 for the most egregious conduct covered by the of11 fense;

12 (5) the extent to which Federal sentencing

13 guideline sentences for the offense have been con14 strained by statutory maximum penalties;

15 (6) the extent to which Federal sentencing

16 guidelines for the offense adequately achieve the

17 purposes of sentencing as set forth in section

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

19 (7) the relationship of Federal sentencing

20 guidelines for the offense to the Federal sentencing

21 guidelines for other offenses of comparable serious22 ness; and

23 (8) any other factors that the Commission con24 siders to be appropriate.

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