I 

110TH CONGRESS 

1ST SESSION H. R. 1149 

To amend title 18, United States Code, to protect federally funded public 

safety officers. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 16, 2007 

Mr. DREIER (for himself, Mr. SCHIFF, Mr. CALVERT, Mr. MCKEON, Mr. 

HERGER, Mr. ISSA, Mrs. BONO, Mr. ROHRABACHER, Mr. GALLEGLY, and 

Mr. GARY G. MILLER 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 protect 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 ‘‘Justice for Public 

5 Safety Officers Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) State and local prosecutors are the best 

2 equipped prosecutors to prosecute crimes against 

3 local and State peace officers. 

4 (2) Cases involving the murder of local and 

5 State peace officers and subsequent flight to avoid 

6 prosecution in the United States implicate Federal 

7 interests, and by providing Federal jurisdiction in 

8 such cases the Federal Government will be able to 

9 provide additional investigatory and prosecutorial re10 sources. 

11 (3) The United States should use all reasonable 

12 tools available to encourage foreign countries to 

13 change their extradition policies so that the possi14 bility of capital punishment or life imprisonment will 

15 not interfere with the timely extradition of fugitives 

16 of the United States. 

17 SEC. 3. PROTECTION OF FEDERALLY FUNDED PUBLIC 

18 SAFETY OFFICERS. 

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

20 Code, is amended by adding at the end the following: 

21 ‘‘§ 1123. Killing of federally funded or Federal law en22 forcement officers 

23 ‘‘(a) OFFENSE.—Whoever kills, or attempts or con24 spires to kill, a federally protected safety officer while that 

25 officer is engaged in official duties, or on account of the 


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1 performance of official duties, or kills a former federally 

2 protected safety officer on account of the past perform3 ance of official duties as such, shall be punished— 

4 ‘‘(1) in the case of murder, as provided under 

5 section 1111 but not less than 30 years; 

6 ‘‘(2) in the case of attempted murder, as pro7 vided in section 1113 but not less than 15 years; or 

8 ‘‘(3) in the case of manslaughter, as provided 

9 under section 1112. 

10 ‘‘(c) DEFINITIONS.—As used in this section — 

11 ‘‘(1) the term ‘federally protected safety officer’ 

12 means a public safety officer for a public agency (in13 cluding a court system, the National Guard or a 

14 State to the extent the personnel of that National 

15 Guard are not in Federal service, and the defense 

16 forces of a State authorized by section 109 of title 

17 32) if — 

18 ‘‘(A) if the public agency receives, in any 

19 one year period, funding, equipment, or benefits 

20 in excess of $10,000 under a Federal program 

21 involving a grant, contract, subsidy, loan, guar22 antee, insurance, or other form of Federal as23 sistance, and the public agency is of an entity 

24 that is a State of the United States, the Dis25 trict of Columbia, the Virgin Islands of the 


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1 United States, Guam, American Samoa, the 

2 Trust Territory of the Pacific Islands, the Com3 monwealth of the Northern Mariana Islands, or 

4 any territory or possession of the United States, 

5 and Indian tribe, or a unit of local government 

6 of that entity; or 

7 ‘‘(B) the officer was at the time of the of8 fense, engaged in carrying out a program au9 thorized by Federal law or regulation that is ex10 ecuted in whole or in part by non-Federal pub11 lic safety officers; 

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

13 individual serving a public agency in an official ca14 pacity, as a judicial officer, as a law enforcement of15 ficer, as a firefighter, as a chaplain, or as a member 

16 of a rescue squad or ambulance crew; 

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

18 other officer or employee of a court, including pros19 ecutors, court security, pretrial services officers, 

20 court reporters, and corrections, probation, and pa21 role officers; 

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

23 serving as an official recognized or designated mem24 ber of a legally organized volunteer fire department 

25 and an officially recognized or designated public emVerDate Aug 31 2005 04:33 Feb 22, 2007 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1149.IH H1149

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1 ployee member of a rescue squad or ambulance crew; 

2 and 

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

4 an individual, with arrest powers, involved in crime 

5 and juvenile delinquency control or reduction, or en6 forcement of the laws.’’. 

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

8 at the beginning of chapter 51 of title 18, United States 

9 Code, is amended by adding at the end the following new 

10 item: 

‘‘1123. Killing of federally funded or Federal program public safety officers.’’. 

11 SEC. 4. FLIGHT TO AVOID PROSECUTION FOR KILLING FED12 ERALLY FUNDED PUBLIC SAFETY OFFICERS. 

13 (a) FLIGHT.—Chapter 49 of title 18, United States 

14 Code, is amended by adding at the end the following: 

15 ‘‘§ 1075. Flight to avoid prosecution for killing feder16 ally funded public safety officers 

17 ‘‘Whoever moves or travels in interstate or foreign 

18 commerce with intent to avoid prosecution, or custody or 

19 confinement after conviction, under the laws of the place 

20 from which he flees or under section 1114 or 1123, for 

21 a crime consisting of the killing, an attempted killing, or 

22 a conspiracy to kill, an individual involved in crime and 

23 juvenile delinquency control or reduction, or enforcement 

24 of the laws or for a crime punishable by section 1114 or 

25 1123, shall be fined under this title and imprisoned, in 


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1 addition to any other imprisonment for the underlying of2 fense, for any term of years not less than 10.’’. 

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

4 at the beginning of chapter 49 of title 18, United States 

5 Code, is amended by adding at the end the following new 

6 item: 

‘‘1075. Flight to avoid prosecution for killing peace officers.’’. 

Æ 


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