Back the Blue Act of 2023

Subjects: Crime and Law Enforcement


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1569 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1569

      To protect law enforcement officers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2023

   Mr. Cornyn (for himself, Mr. McConnell, Mr. Graham, Mr. Cruz, Mr. 
 Tillis, Mr. Scott of Florida, Mr. Moran, Mr. Braun, Mr. Cramer, Mrs. 
  Blackburn, Mr. Boozman, Mrs. Fischer, Mrs. Capito, Mrs. Britt, Mr. 
 Crapo, Mr. Rubio, Mr. Risch, Mr. Ricketts, Mr. Daines, Mr. Barrasso, 
Mr. Lankford, Mrs. Hyde-Smith, Mr. Kennedy, Mr. Cotton, Mr. Thune, Mr. 
Hoeven, Mr. Budd, Mr. Hawley, Mr. Scott of South Carolina, Mr. Hagerty, 
Mr. Marshall, Mr. Cassidy, Ms. Ernst, Mr. Tuberville, Mr. Grassley, Mr. 
    Young, Mr. Schmitt, Ms. Lummis, and Mr. Wicker) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
      To protect law enforcement officers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Back the Blue Act of 2023''.

SEC. 2. PROTECTION OF LAW ENFORCEMENT OFFICERS.

    (a) Killing of Law Enforcement Officers.--
            (1) Offense.--Chapter 51 of title 18, United States Code, 
        is amended by adding at the end the following:
``Sec. 1123. Killing of law enforcement officers
    ``(a) Definitions.--In this section--
            ``(1) the terms `Federal law enforcement officer' and 
        `United States judge' have the meanings given those terms in 
        section 115;
            ``(2) the term `federally funded public safety officer' 
        means a public safety officer or judicial officer for a public 
        agency that--
                    ``(A) receives Federal financial assistance; and
                    ``(B) is an agency of an entity that is a State of 
                the United States, the District of Columbia, the 
                Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
                American Samoa, the Commonwealth of the Northern 
                Mariana Islands, or any territory or possession of the 
                United States, an Indian tribe, or a unit of local 
                government of that entity;
            ``(3) the term `firefighter' includes an individual serving 
        as an official recognized or designated member of a legally 
        organized volunteer fire department and an officially 
        recognized or designated public employee member of a rescue 
        squad or ambulance crew;
            ``(4) the term `judicial officer' means a judge or other 
        officer or employee of a court, including prosecutors, court 
        security, pretrial services officers, court reporters, and 
        corrections, probation, and parole officers;
            ``(5) the term `law enforcement officer' means an 
        individual, with statutory arrest powers, involved in crime or 
        juvenile delinquency control or reduction or enforcement of the 
        laws;
            ``(6) the term `public agency' includes a court system, the 
        National Guard of a State to the extent the personnel of that 
        National Guard are not in Federal service, and the defense 
        forces of a State authorized by section 109 of title 32; and
            ``(7) the term `public safety officer' means an individual 
        serving a public agency in an official capacity, as a law 
        enforcement officer, as a firefighter, as a chaplain, or as a 
        member of a rescue squad or ambulance crew.
    ``(b) Offense.--It shall be unlawful for any person to--
            ``(1) kill, or attempt or conspire to kill--
                    ``(A) a United States judge;
                    ``(B) a Federal law enforcement officer; or
                    ``(C) a federally funded public safety officer 
                while that officer is engaged in official duties, or on 
                account of the performance of official duties; or
            ``(2) kill a former United States judge, Federal law 
        enforcement officer, or federally funded public safety officer 
        on account of the past performance of official duties.
    ``(c) Penalty.--Any person that violates subsection (b) shall be 
fined under this title and imprisoned for not less than 10 years or for 
life, or, if death results, shall be sentenced to not less than 30 
years and not more than life, or may be punished by death.''.
            (2) Table of sections.--The table of sections for chapter 
        51 of title 18, United States Code, is amended by adding at the 
        end the following:

``1123. Killing of law enforcement officers.''.
    (b) Assault of Law Enforcement Officers.--
            (1) Offense.--Chapter 7 of title 18, United States Code, is 
        amended by adding at the end the following:
``Sec. 120. Assaults of law enforcement officers
    ``(a) Definition.--In this section, the term `federally funded 
State or local law enforcement officer' means an individual involved in 
crime and juvenile delinquency control or reduction, or enforcement of 
the laws (including a police, corrections, probation, or parole 
officer) who works for a public agency (that receives Federal financial 
assistance) of a State of the United States or the District of 
Columbia.
    ``(b) Offense.--It shall be unlawful to assault a federally funded 
State or local law enforcement officer while engaged in or on account 
of the performance of official duties, or assaults any person who 
formerly served as a federally funded State or local law enforcement 
officer on account of the performance of such person's official duties 
during such service, or because of the actual or perceived status of 
the person as a federally funded State or local law enforcement 
officer.
    ``(c) Penalty.--Any person that violates subsection (b) shall be 
subject to a fine under this title and--
            ``(1) if the assault resulted in bodily injury (as defined 
        in section 1365), shall be imprisoned not less than 2 years and 
        not more than 10 years;
            ``(2) if the assault resulted in substantial bodily injury 
        (as defined in section 113), shall be imprisoned not less than 
        5 years and not more than 20 years;
            ``(3) if the assault resulted in serious bodily injury (as 
        defined in section 1365), shall be imprisoned for not less than 
        10 years;
            ``(4) if a deadly or dangerous weapon was used during and 
        in relation to the assault, shall be imprisoned for not less 
        than 20 years; and
            ``(5) shall be imprisoned for not more than 1 year in any 
        other case.
    ``(d) Certification Requirement.--
            ``(1) In general.--No prosecution of any offense described 
        in this section may be undertaken by the United States, except 
        under the certification in writing of the Attorney General, or 
        a designee, that--
                    ``(A) the State does not have jurisdiction;
                    ``(B) the State has requested that the Federal 
                Government assume jurisdiction;
                    ``(C) the verdict or sentence obtained pursuant to 
                State charges left demonstratively unvindicated the 
                Federal interest in eradicating bias-motivated 
                violence; or
                    ``(D) a prosecution by the United States is in the 
                public interest and necessary to secure substantial 
                justice.
            ``(2) Rule of construction.--Nothing in this subsection 
        shall be construed to limit the authority of Federal officers, 
        or a Federal grand jury, to investigate possible violations of 
        this section.
    ``(e) Statute of Limitations.--
            ``(1) Offenses not resulting in death.--Except as provided 
        in paragraph (2), no person shall be prosecuted, tried, or 
        punished for any offense under this section unless the 
        indictment for such offense is found, or the information for 
        such offense is instituted, not later than 7 years after the 
        date on which the offense was committed.
            ``(2) Offenses resulting in death.--An indictment or 
        information alleging that an offense under this section 
        resulted in death may be found or instituted at any time 
        without limitation.''.
            (2) Table of sections.--The table of sections for chapter 7 
        of title 18, United States Code, is amended by adding at the 
        end the following:

``120. Assaults of law enforcement officers.''.
    (c) Flight To Avoid Prosecution for Killing Law Enforcement 
Officials.--
            (1) Offense.--Chapter 49 of title 18, United States Code, 
        is amended by adding at the end the following:
``Sec. 1075. Flight to avoid prosecution for killing law enforcement 
              officials
    ``(a) Offense.--It shall be unlawful for any person to move or 
travel in interstate or foreign commerce with intent to avoid 
prosecution, or custody or confinement after conviction, under the laws 
of the place from which the person flees or under section 1114 or 1123, 
for a crime consisting of the killing, an attempted killing, or a 
conspiracy to kill a Federal judge or Federal law enforcement officer 
(as those terms are defined in section 115), or a federally funded 
public safety officer (as that term is defined in section 1123).
    ``(b) Penalty.--Any person that violates subsection (a) shall be 
fined under this title and imprisoned for not less than 10 years, in 
addition to any other term of imprisonment for any other offense 
relating to the conduct described in subsection (a).''.
            (2) Table of sections.--The table of sections for chapter 
        49 of title 18, United States Code, is amended by adding at the 
        end the following:

``1075. Flight to avoid prosecution for killing law enforcement 
                            officials.''.

SEC. 3. SPECIFIC AGGRAVATING FACTOR FOR FEDERAL DEATH PENALTY KILLING 
              OF LAW ENFORCEMENT OFFICER.

    (a) Aggravating Factors for Homicide.--Section 3592(c) of title 18, 
United States Code, is amended by inserting after paragraph (16) the 
following:
            ``(17) Killing of a law enforcement officer, prosecutor, 
        judge, or first responder.--The defendant killed or attempted 
        to kill a person who is authorized by law--
                    ``(A) to engage in or supervise the prevention, 
                detention, or investigation of any criminal violation 
                of law;
                    ``(B) to arrest, prosecute, or adjudicate an 
                individual for any criminal violation of law; or
                    ``(C) to be a firefighter or other first 
                responder.''.

SEC. 4. LIMITATION ON FEDERAL HABEAS RELIEF FOR MURDERS OF LAW 
              ENFORCEMENT OFFICERS.

    (a) Justice for Law Enforcement Officers and Their Families.--
            (1) In general.--Section 2254 of title 28, United States 
        Code, is amended by adding at the end the following:
    ``(j)(1) For an application for a writ of habeas corpus on behalf 
of a person in custody pursuant to the judgment of a State court for a 
crime that involved the killing of a public safety officer (as that 
term is defined in section 1204 of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (34 U.S.C. 10284)) or judge, while the 
public safety officer or judge was engaged in the performance of 
official duties, or on account of the performance of official duties by 
or status as a public safety officer or judge of the public safety 
officer or judge--
            ``(A) the application shall be subject to the time 
        limitations and other requirements under sections 2263, 2264, 
        and 2266; and
            ``(B) the court shall not consider claims relating to 
        sentencing that were adjudicated in a State court.
    ``(2) Sections 2251, 2262, and 2101 are the exclusive sources of 
authority for Federal courts to stay a sentence of death entered by a 
State court in a case described in paragraph (1).''.
            (2) Rules.--Rule 11 of the Rules Governing Section 2254 
        Cases in the United States District Courts is amended by adding 
        at the end the following: ``Rule 60(b)(6) of the Federal Rules 
        of Civil Procedure shall not apply to a proceeding under these 
        rules in a case that is described in section 2254(j) of title 
        28, United States Code.''.
            (3) Finality of determination.--Section 2244(b)(3)(E) of 
        title 28, United States Code, is amended by striking ``the 
        subject of a petition'' and all that follows and inserting: 
        ``reheard in the court of appeals or reviewed by writ of 
        certiorari.''.
            (4) Effective date and applicability.--
                    (A) In general.--This paragraph and the amendments 
                made by this paragraph shall apply to any case pending 
                on or after the date of enactment of this Act.
                    (B) Time limits.--In a case pending on the date of 
                enactment of this Act, if the amendments made by this 
                paragraph impose a time limit for taking certain 
                action, the period of which began before the date of 
                enactment of this Act, the period of such time limit 
                shall begin on the date of enactment of this Act.
                    (C) Exception.--The amendments made by this 
                paragraph shall not bar consideration under section 
                2266(b)(3)(B) of title 28, United States Code, of an 
                amendment to an application for a writ of habeas corpus 
                that is pending on the date of enactment of this Act, 
                if the amendment to the petition was adjudicated by the 
                court prior to the date of enactment of this Act.

SEC. 5. SELF-DEFENSE RIGHTS FOR LAW ENFORCEMENT OFFICERS.

    (a) In General.--Chapter 203 of title 18, United States Code, is 
amended by inserting after section 3053 the following:
``Sec. 3054. Authority of law enforcement officers to carry firearms
    ``Any sworn officer, agent, or employee of the United States, a 
State, or a political subdivision thereof, who is authorized by law to 
engage in or supervise the prevention, detection, investigation, or 
prosecution of any violation of law, or to supervise or secure the 
safety of incarcerated inmates, may carry firearms if authorized by law 
to do so. Such authority to carry firearms, with respect to the lawful 
performance of the official duties of a sworn officer, agent, or 
employee of a State or a political subdivision thereof, shall include 
possession incident to depositing a firearm within a secure firearms 
storage area for use by all persons who are authorized to carry a 
firearm within any building or structure classified as a Federal 
facility or Federal court facility, as those terms are defined under 
section 930, and any grounds appurtenant to such a facility.''.
    (b) Carrying of Concealed Firearms by Qualified Law Enforcement 
Officers.--Section 926B(e)(2) of title 18, United States Code, is 
amended by inserting ``any magazine and'' after ``includes''.
    (c) Carrying of Concealed Firearms by Qualified Retired Law 
Enforcement Officers.--Section 926C(e)(1)(B) of title 18, United States 
Code, is amended by inserting ``any magazine and'' after ``includes''.
    (d) School Zones.--Section 922(q)(2)(B)(vi) title 18, United States 
Code, is amended by inserting ``, a qualified law enforcement officer 
(as defined in section 926B), or a qualified retired law enforcement 
officer (as defined in section 926C)'' before the semicolon.
    (e) Regulations Required.--Not later than 60 days after the date of 
enactment of this Act, the Attorney General shall promulgate 
regulations allowing persons described in section 3054 of title 18, 
United States Code, to possess firearms in a manner described by that 
section. With respect to Federal justices, judges, bankruptcy judges, 
and magistrate judges, such regulations shall be prescribed after 
consultation with the Judicial Conference of the United States.
    (f) Table of Sections.--The table of sections for chapter 203 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 3053 the following:

``3054. Authority of law enforcement officers to carry firearms.''.
    (g) Further Amendments.--Section 930 of title 18, United States 
Code, is amended--
            (1) in subsection (d)--
                    (A) in paragraph (2), by striking ``or'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(4) the possession of a firearm or ammunition in a 
        Facility Security Level I or II civilian public access facility 
        by a qualified law enforcement officer (as defined in section 
        926B(c)) or a qualified retired law enforcement officer (as 
        defined in section 926C(c)).''; and
            (2) in subsection (g), by adding at the end the following:
            ``(4) The term `Facility Security Level' means a security 
        risk assessment level assigned to a Federal facility by the 
        security agency of the facility in accordance with the 
        biannually issued Interagency Security Committee Standard.
            ``(5) The term `civilian public access facility' means a 
        facility open to the general public.''.
                                 &lt;all&gt;
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