II 

110TH CONGRESS 

1ST SESSION S. 1235 

To impose appropriate penalties for the assault or murder of a Federal 

law enforcement officer or Federal judge, for the retaliatory assault 

or murder of a family member of a Federal law enforcement officer 

or Federal judge, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 26, 2007 

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

to the Committee on the Judiciary 

A BILL 

To impose appropriate penalties for the assault or murder 

of a Federal law enforcement officer or Federal judge, 

for the retaliatory assault or murder of a family member 

of a Federal law enforcement officer or Federal judge, 

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 ‘‘Daniel Faulkner Law 

5 Enforcement Officers and Judges Protection Act of 

6 2007’’. 


ycherry on PROD1PC64 with BILLS
2 

•S 1235 IS

1 SEC. 2. SPECIAL PENALTIES FOR MURDER OR KIDNAPPING 

2 OF A FEDERAL LAW ENFORCEMENT OFFICER 

3 OR FEDERAL JUDGE. 

4 (a) MURDER.—Section 1114 of title 18, United 

5 States Code, is amended— 

6 (1) by inserting ‘‘(a)’’ before ‘‘Whoever’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(b) If the victim of an offense punishable under this 

9 section or section 1117 is a Federal law enforcement offi10 cer or a United States judge (as those terms are defined 

11 in section 115), the offender shall be punished by a fine 

12 under this title and— 

13 ‘‘(1) in the case of murder in the first degree, 

14 or an attempt or conspiracy to commit murder in 

15 the first degree, death or imprisonment for life; 

16 ‘‘(2) in the case of murder in the second degree, 

17 or an attempt or conspiracy to commit murder in 

18 the second degree, imprisonment for any term of 

19 years not less than 25 or for life; and 

20 ‘‘(3) in the case of voluntary manslaughter, im21 prisonment for any term of years not less than 10 

22 or for life.’’. 

23 (b) KIDNAPPING.—Section 1201(a) of title 18, 

24 United States Code, is amended— 

25 (1) by redesignating subsections (f), (g), and 

26 (h) as subsections (g), (h), and (i), respectively; and 


ycherry on PROD1PC64 with BILLS
3 

•S 1235 IS

1 (2) by inserting after subsection (e) the fol2 lowing: 

3 ‘‘(f) If the victim of an offense punishable under sub4 section (a), (c), or (d) is a Federal law enforcement officer 

5 or a United States judge (as those terms are defined in 

6 section 115), the offender shall be punished by a fine 

7 under this title and imprisonment for any term of years 

8 not less than 20 or for life, or, if death results, may be 

9 sentenced to death.’’. 

10 SEC. 3. SPECIAL PENALTIES FOR ASSAULTING A FEDERAL 

11 LAW ENFORCEMENT OFFICER OR FEDERAL 

12 JUDGE. 

13 (a) IN GENERAL.—Section 111 of title 18, United 

14 States Code, is amended to read as follows: 

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

16 or employees 

17 ‘‘(a) OFFICERS AND EMPLOYEES.— 

18 ‘‘(1) IN GENERAL.—It shall be unlawful to— 

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

20 employee described in section 1114, while such 

21 officer or employee is engaged in, or on account 

22 of the performance of, official duties; 

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

24 who formerly served as an officer or employee 


ycherry on PROD1PC64 with BILLS
4 

•S 1235 IS

1 described in section 1114 on account of the per2 formance of official duties; or 

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

4 on account of that individual’s current or 

5 former status as an officer or employee de6 scribed in section 1114. 

7 ‘‘(2) PENALTY.—Any person who violates para8 graph (1), shall be— 

9 ‘‘(A) fined under this title; 

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

11 simple assault, imprisoned for not more than 1 

12 year; 

13 ‘‘(ii) in the case of an assault involving ac14 tual physical contact or the intent to commit 

15 any other felony, imprisoned for not more than 

16 10 years; 

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

18 bodily injury, imprisoned for not more than 20 

19 years; or 

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

21 substantial bodily injury (as that term is de22 fined in section 113), or if a dangerous weapon 

23 was used or possessed during and in relation to 

24 the offense (including a weapon intended to 

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


ycherry on PROD1PC64 with BILLS
5 

•S 1235 IS

1 reason of a defective component), imprisoned 

2 for not more than 30 years; or 

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

4 imprisoned under subparagraph (B). 

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

6 ‘‘(1) IN GENERAL.—If the victim of an assault 

7 punishable under this section is a Federal law en8 forcement officer or a United States judge (as those 

9 terms are defined in section 115)— 

10 ‘‘(A) and if the assault resulted in substan11 tial bodily injury (as that term is defined in sec12 tion 113), the offender shall be punished by a 

13 fine under this title and imprisonment for not 

14 less 5 years nor more than 30 years; and 

15 ‘‘(B) and if the assault resulted in serious 

16 bodily injury (as that term is defined in section 

17 2119(2)), or a dangerous weapon was used or 

18 possessed during and in relation to the offense, 

19 the offender shall be punished by a fine under 

20 this title and imprisonment for any term of 

21 years not less than 10 or for life. 

22 ‘‘(2) IMPOSITION OF PUNISHMENT.—Each pun23 ishment for criminal conduct described in this sub24 section shall be in addition to any other punishment 


ycherry on PROD1PC64 with BILLS
6 

•S 1235 IS

1 for other criminal conduct during the same criminal 

2 episode.’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

4 The table of sections at the beginning of chapter 7 of title 

5 18, United States Code, is amended by striking the item 

6 relating to section 111 and inserting the following: 

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

7 SEC. 4. SPECIAL PENALTIES FOR RETALIATING AGAINST A 

8 FEDERAL LAW ENFORCEMENT OFFICER OR 

9 FEDERAL JUDGE BY MURDERING OR AS10 SAULTING A FAMILY MEMBER. 

11 (a) IN GENERAL.—Section 115 of title 18, United 

12 States Code, is amended— 

13 (1) by redesignating subsections (c) and (d) as 

14 subsections (d) and (e), respectively; and 

15 (2) by inserting after subsection (b) the fol16 lowing: 

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

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

19 interfere with a Federal law enforcement officer or a 

20 United States judge while that officer or judge is engaged 

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

22 retaliate against that officer or judge or a person who for23 merly served as such an officer or judge on account of 

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

25 retaliate against an individual on account of that individVerDate Aug 31 2005 21:40 Apr 27, 2007 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1235.IS S1235

ycherry on PROD1PC64 with BILLS
7 

•S 1235 IS

1 ual’s current or former status as such an officer or judge, 

2 the offender shall be punished— 

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

4 conspiracy to murder, or manslaughter, as provided 

5 in section 1114(b); 

6 ‘‘(B) in the case of kidnapping, attempted kid7 napping, or conspiracy to kidnap, as provided in sec8 tion 1201(f); 

9 ‘‘(C) in the case of an assault resulting in bod10 ily injury or involving the use or possession of a dan11 gerous weapon during and in relation to the offense, 

12 as provided for a comparable offense against a Fed13 eral law enforcement officer or United States judge 

14 under section 111; and 

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

16 by a fine under this title and imprisonment for not 

17 more than 10 years. 

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

19 in this subsection shall be in addition to any other punish20 ment for other criminal conduct during the same criminal 

21 episode.’’. 

22 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

23 Section 2237(e)(1) of title 18, United States Code, is 

24 amended by striking ‘‘in section 115(c)’’ and inserting ‘‘in 

25 section 115’’. 


ycherry on PROD1PC64 with BILLS
8 

•S 1235 IS

1 SEC. 5. AUTHORIZATION FOR FEDERAL JUDGES AND FED2 ERAL PROSECUTORS TO CARRY FIREARMS. 

3 (a) AUTHORITY.— 

4 (1) IN GENERAL.—Chapter 203 of title 18, 

5 United States Code, is amended by inserting after 

6 section 3053 the following: 

7 ‘‘§ 3054. Authority of Federal judges and prosecutors 

8 to carry firearms 

9 ‘‘(a) IN GENERAL.—Any justice of the United States 

10 or judge of the United States (as those terms are defined 

11 in section 451 of title 28), any judge of a court created 

12 under article I of the United States Constitution, any 

13 bankruptcy judge, any magistrate judge, any United 

14 States attorney, and any other officer or employee of the 

15 Department of Justice whose duties include representing 

16 the United States in a court of law, may carry a firearm. 

17 ‘‘(b) REGULATIONS.—Not later than 180 days after 

18 the date of enactment of the Daniel Faulkner Law En19 forcement Officers and Judges Protection Act of 2007, the 

20 Attorney General shall promulgate regulations to carry 

21 out this section. Such regulations may provide for training 

22 and regular certification in the use of firearms and shall, 

23 with respect to justices, judges, bankruptcy judges, and 

24 magistrate judges, be promulgated after consultation with 

25 the Judicial Conference of the United States.’’. 


ycherry on PROD1PC64 with BILLS
9 

•S 1235 IS

1 (2) EFFECTIVE DATE.—Section 3054(a) of title 

2 18, United States Code, as added by paragraph (1), 

3 shall take effect 90 days after the date on which the 

4 Attorney General promulgates regulations under sec5 tion 3054(b) of title 18, United States Code, as 

6 added by paragraph (1). 

7 (3) TECHNICAL AND CONFORMING AMEND8 MENT.—The table of sections at the beginning of 

9 chapter 203 of title 18, United States Code, is 

10 amended by inserting after item relating to section 

11 3053 the following: 

‘‘3054. Authority of Federal judges and prosecutors to carry firearms.’’. 

12 (b) AMENDMENTS TO LAW ENFORCEMENT OFFICER

13 SAFETY PROVISIONS OF TITLE 18.— 

14 (1) IN GENERAL.—Section 926B of title 18, 

15 United States Code, is amended by adding at the 

16 end the following: 

17 ‘‘(f) For purposes of this section, a law enforcement 

18 officer of the Amtrak Police Department or a law enforce19 ment or police officer of any department or agency of the 

20 Federal Government qualifies as an employee of a govern21 mental agency who is authorized by law to engage in or 

22 supervise the prevention, detection, investigation, or pros23 ecution of, or the incarceration of any person for, any vio24 lation of law, and has statutory powers of arrest.’’. 


ycherry on PROD1PC64 with BILLS
10 

•S 1235 IS

1 (2) RETIRED LAW ENFORCEMENT OFFICERS.— 

2 Section 926C of title 18, United States Code, is 

3 amended— 

4 (A) in subsection (c)— 

5 (i) in paragraph (3)(A), by striking 

6 ‘‘was regularly employed as a law enforce7 ment officer for an aggregate of 15 years 

8 or more’’ and inserting ‘‘served as a law 

9 enforcement officer for an aggregate of 10 

10 years or more’’; 

11 (ii) by striking paragraphs (4) and (5) 

12 and inserting the following: 

13 ‘‘(4) during the most recent 12-month period, 

14 has met, at the expense of the individual, the stand15 ards for qualification in firearms training for active 

16 law enforcement officers as set by the former agency 

17 of that officer, the State in which that officer re18 sides, or a law enforcement agency within the State 

19 in which that officer resides;’’; and 

20 (iii) by redesignating paragraphs (6) 

21 and (7) as paragraphs (5) and (6), respec22 tively; 

23 (B) in subsection (d)— 

24 (i) in paragraph (1), by striking ‘‘to 

25 meet the standards established by the 


ycherry on PROD1PC64 with BILLS
11 

•S 1235 IS

1 agency for training and qualification for 

2 active law enforcement officers to carry a 

3 firearm of the same type as the concealed 

4 firearm’’ and inserting ‘‘to meet the active 

5 duty standards for qualification in firearms 

6 training as established by the agency to 

7 carry a firearm of the same type as the 

8 concealed firearm’’; and 

9 (ii) in paragraph (2)(B), by striking 

10 ‘‘otherwise found by the State’’ and all 

11 that follows and inserting ‘‘otherwise found 

12 by the State or a certified firearms instruc13 tor that is qualified to conduct a firearms 

14 qualification test for active duty officers 

15 within that State to have met— 

16 ‘‘(i) the active duty standards for qualifica17 tion in firearms training as established by the 

18 State to carry a firearm of the same type as the 

19 concealed firearm; or 

20 ‘‘(ii) if the State has not established the 

21 standards described in clause (i), standards set 

22 by any law enforcement agency within that 

23 State to carry a firearm of the same type as the 

24 concealed firearm.’’; and 

25 (C) by adding at the end the following: 


ycherry on PROD1PC64 with BILLS
12 

•S 1235 IS

1 ‘‘(f) In this section, the term ‘service with a public 

2 agency as a law enforcement officer’ includes service as 

3 a law enforcement officer of the Amtrak Police Depart4 ment or as a law enforcement or police officer of any de5 partment or agency of the Federal Government.’’. 

6 SEC. 6. LIMITATION ON DAMAGES INCURRED DURING COM7 MISSION OF A FELONY OR CRIME OF VIO8 LENCE. 

9 (a) IN GENERAL.—Section 1979 of the Revised 

10 States (42 U.S.C. 1983) is amended by— 

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

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

13 inserting the following: ‘‘except that— 

14 ‘‘(1) in any action brought against a judicial of15 ficer for an act or omission taken in the judicial ca16 pacity of that officer, injunctive relief shall not be 

17 granted unless a declaratory decree was violated or 

18 declaratory relief was unavailable; and 

19 ‘‘(2) in any action seeking redress for a depri20 vation that was incurred in the course of, or as a re21 sult of, or is related to, conduct by the injured party 

22 that, more likely than not, constituted a felony or a 

23 crime of violence (as that term is defined in section 

24 16 of title 18, United States Code) (including any 

25 deprivation in the course of arrest or apprehension 


ycherry on PROD1PC64 with BILLS
13 

•S 1235 IS

1 for, or the investigation, prosecution, or adjudication 

2 of, such an offense), a court shall not have jurisdic3 tion to consider a claim for damages other than for 

4 necessary out-of-pocket expenditures and other mon5 etary loss.’’; and 

6 (2) indenting the last sentence as an undesig7 nated paragraph. 

8 (b) ATTORNEY’S FEES.—Section 722(b) of the Re9 vised Statutes (42 U.S.C. 1988(b)) is amended by striking 

10 ‘‘except that in any action’’ and all that follows and insert11 ing the following: ‘‘except that— 

12 ‘‘(1) in any action brought against a judicial of13 ficer for an act or omission taken in the judicial ca14 pacity of that officer, such officer shall not be held 

15 liable for any costs, including attorneys fees, unless 

16 such action was clearly in excess of the jurisdiction 

17 of that officer; and 

18 ‘‘(2) in any action seeking redress for a depri19 vation that was incurred in the course of, or as a re20 sult of, or is related to, conduct by the injured party 

21 that, more likely than not, constituted a felony or a 

22 crime of violence (as that term is defined in section 

23 16 of title 18, United States Code) (including any 

24 deprivation in the course of arrest or apprehension 

25 for, or the investigation, prosecution, or adjudication 


ycherry on PROD1PC64 with BILLS
14 

•S 1235 IS

1 of, such an offense), the court may not allow such 

2 party to recover attorney’s fees.’’. 

3 SEC. 7. FEDERAL REVIEW OF STATE CONVICTION FOR 

4 MURDER OF A LAW ENFORCEMENT OFFICER 

5 OR JUDGE. 

6 (a) IN GENERAL.—Section 2254 of title 28, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

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

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

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

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

13 1204 of the Omnibus Crime Control and Safe Streets Act 

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

15 safety officer or judge was engaged in the performance 

16 of official duties, or on account of the public safety offi17 cer’s or judge’s performance of official duties or status 

18 as a public safety officer or judge— 

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

20 limitations and other requirements under sections 

21 2263, 2264, and 2266; and 

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

23 to sentencing that were adjudicated in a State court. 

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

25 sources of authority for Federal courts to stay a sentence 


ycherry on PROD1PC64 with BILLS
15 

•S 1235 IS

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

2 paragraph (1).’’. 

3 (b) RULES.—Rule 11 of the Rules Governing Section 

4 2254 Cases in the United States District Courts is amend5 ed by adding at the end the following: ‘‘Rule 60(b)(6) of 

6 the Federal Rules of Civil Procedure shall not apply to 

7 a proceeding under these rules in a case that is described 

8 in section 2254(j) of title 28, United States Code.’’. 

9 (c) FINALITY OF DETERMINATION.—Section 

10 2244(b)(3)(E) of title 28, United States Code, is amended 

11 by striking ‘‘the subject of a petition’’ and all that follows 

12 and inserting: ‘‘reheard in the court of appeals or reviewed 

13 by writ of certiorari.’’. 

14 (d) EFFECTIVE DATE AND APPLICABILITY.— 

15 (1) IN GENERAL.—This section and the amend16 ments made by this section shall apply to any case 

17 pending on or after the date of enactment of this 

18 Act. 

19 (2) TIME LIMITS.—In a case pending on the 

20 date of enactment of this Act, if the amendments 

21 made by this section impose a time limit for taking 

22 certain action, the period of which began before the 

23 date of enactment of this Act, the period of such 

24 time limit shall begin on the date of enactment of 

25 this Act. 


ycherry on PROD1PC64 with BILLS
16 

•S 1235 IS

1 (3) EXCEPTION.—The amendments made by 

2 this section shall not bar consideration under section 

3 2266(b)(3)(B) of title 28, United States Code, of an 

4 amendment to an application for a writ of habeas 

5 corpus that is pending on the date of enactment of 

6 this Act, if the amendment to the petition was adju7 dicated by the court prior to the date of enactment 

8 of this Act. 

Æ 


ycherry on PROD1PC64 with BILLS