I

105TH CONGRESS

1ST SESSION H. R. 727

To amend chapter 51 of title 18, United States Code, to establish Federal

penalties for the killing or attempted killing of a law enforcement officer

of the District of Columbia, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 12, 1997

Ms. MOLINARI introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To amend chapter 51 of title 18, United States Code, to

establish Federal penalties for the killing or attempted

killing of a law enforcement officer of the District of

Columbia, 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 ‘‘Officer Brian Gibson

5 District of Columbia Police Protection Act’’.
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1 SEC. 2. PENALTIES FOR KILLING OR ATTEMPTING TO KILL

2 A DISTRICT OF COLUMBIA LAW ENFORCE3 MENT OFFICER.

4 (a) IN GENERAL.—

5 (1) ESTABLISHMENT AS FEDERAL OFFENSE.—

6 Chapter 51 of title 18, United States Code, is

7 amended by adding at the end the following:

8 ‘‘§ 1123. Protection of law enforcement officers of the

9 District of Columbia

10 ‘‘(a) DEFINITION OF LAW ENFORCEMENT OFFI11 CER.—In this section, the term ‘law enforcement officer

12 of the District of Columbia’ means a public servant au13 thorized by law or by the District of Columbia to conduct

14 or engage in the prevention, investigation, or prosecution

15 or adjudication of an offense, and includes those engaged

16 in corrections, parole, or probation functions.

17 ‘‘(b) PENALTIES FOR MURDER OR MAN18 SLAUGHTER.—Whoever kills a law enforcement officer of

19 the District of Columbia engaged in or on account of the

20 performance of the official duties of that law enforcement

21 officer—

22 ‘‘(1) in the case of—

23 ‘‘(A) murder in the first degree (as de24 scribed in section 1111), shall be punished by

25 death or by imprisonment for life; and
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1 ‘‘(B) murder in the second degree (as de2 scribed in section 1111), shall be imprisoned for

3 any term of years or for life; and

4 ‘‘(2) in the case of manslaughter, shall be pun5 ished as provided in section 1112.

6 ‘‘(c) PENALTY FOR ATTEMPTED MURDER OR MAN7 SLAUGHTER.—Whoever attempts to kill a law enforcement

8 officer of the District of Columbia engaged in or on ac9 count of the performance of the official duties of that law

10 enforcement officer, shall be punished as provided in sec11 tion 1113.’’.

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of chapter 51 of title 18,

14 United States Code, is amended by adding at the

15 end the following:

‘‘1123. Protection of law enforcement officers of the District of Columbia.’’.

16 (b) AGGRAVATING CIRCUMSTANCES FOR IMPOSITION

17 OF DEATH PENALTY.—Section 3592(c) of title 18, United

18 States Code, is amended by inserting after paragraph (16)

19 the following:

20 ‘‘(17) LAW ENFORCEMENT OFFICERS OF DIS21 TRICT OF COLUMBIA.—

22 ‘‘(A) IN GENERAL.—The defendant com23 mitted the offense against a law enforcement

24 officer of the District of Columbia—
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1 ‘‘(i) while he or she is engaged in the

2 performance of his or her official duties;

3 ‘‘(ii) because of the performance of his

4 or her official duties; or

5 ‘‘(iii) because of his or her status as

6 a public servant.

7 ‘‘(B) DEFINITION OF LAW ENFORCEMENT

8 OFFICER OF DISTRICT OF COLUMBIA.—In this

9 subparagraph, the term ‘law enforcement officer

10 of the District of Columbia’ means a public

11 servant authorized by law or by the District of

12 Columbia to conduct or engage in the preven13 tion, investigation, or prosecution or adjudica14 tion of an offense, and includes those engaged

15 in corrections, parole, or probation functions.’’.

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