Back the Blue Act of 2023

To protect law enforcement officers, and for other purposes. 1. Short title This Act may be cited as the Back the Blue Act of 2023 2. Protection of law enforcement officers (a) Killing of law enforcement officers (1) Offense Chapter 51 1123. Killing of law enforcement officers (a) Definitions In this section— (1) the terms Federal law enforcement officer United States judge (2) the term federally funded public safety officer (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 (4) the term judicial officer (5) the term law enforcement officer (6) the term public agency (7) the term public safety officer (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 1123. Killing of law enforcement officers. . (b) Assault of law enforcement officers (1) Offense Chapter 7 120. Assaults of law enforcement officers (a) Definition In this section, the term federally funded State or local law enforcement officer (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 7 120. Assaults of law enforcement officers. . (c) Flight To avoid prosecution for killing law enforcement officials (1) Offense Chapter 49 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 1075. Flight to avoid prosecution for killing law enforcement officials. . 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. . 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 (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 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. 5. Self-defense rights for law enforcement officers (a) In general Chapter 203 section 3053 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 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 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) (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 section 3053 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 (B) in paragraph (3), by striking the period at the end and inserting ; or (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 (5) The term civilian public access facility .

Summary: Back the Blue Act of 2023 This bill establishes new criminal offenses for killing, assaulting, and fleeing to avoid prosecution for killing a judge, law enforcement officer, or public safety officer. Additionally, the bill expands the list of statutory aggravating factors in death penalty determinations to also include the killing or attempted killing of a law enforcement officer, judge, prosecutor, or firefighter or other first responder; broadens the authority of federal law enforcement officers to carry firearms; and limits federal court review of challenges to state court convictions for killing a public safety officer or judge.