I 
113TH CONGRESS 
1ST SESSION H. R. 1577 
To protect prosecutors, judges, law enforcement officers, and their families. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 16, 2013 
Mr. POE of Texas introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To protect prosecutors, judges, law enforcement officers, and 
their families. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘McLelland-Hasse Line 
of Duty Act’’. 
SEC. 2. PROTECTION FOR PROSECUTORS AND JUDGES. 
(a) MODIFICATIONS TO THE COMMUNITY ORIENTED 
POLICING SERVICES PROGRAM.—Section 1701(b) of title 
I of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796dd(b)) is amended— 
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(1) in paragraph (16), by striking ‘‘and’’ at the 
end; 
(2) by redesignating paragraph (17) as para-
graph (18); 
(3) by inserting after paragraph (16) the fol-
lowing: 
‘‘(18) to train and provide security details for 
prosecutors and judges, including their immediate 
families, involved in cases that raise substantial con-
cerns of retaliation or intimidation through violent 
acts; and’’; and 
(4) in paragraph (18), as so redesignated, by 
striking ‘‘(16)’’ and inserting ‘‘(17)’’. 
(b) MODIFICATIONS TO THE EDWARD BYRNE MEMO-
RIAL JUSTICE ASSISTANCE GRANT PROGRAM.—Section 
501(a)(1) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3751(a)(1)) is 
amended by adding at the end the following: 
‘‘(H) Prosecutorial and judicial security 
details and programs.’’. 
SEC. 3. JUSTICE FOR PROSECUTORS, JUDGES, LAW EN-
FORCEMENT OFFICERS, AND THEIR FAMI-
LIES. 
(a) KILLING OF PROSECUTORS, JUDGES, AND LAW 
ENFORCEMENT OFFICERS.— 
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(1) OFFENSE.—Chapter 51 of title 18, United 
States Code, is amended by adding at the end the 
following: 
‘‘§ 1123. Killing of federally funded prosecutors, 
judges, and 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 of-
ficer’ 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 Co-
lumbia, the Commonwealth of Puerto Rico, the 
Virgin Islands, Guam, American Samoa, the 
Commonwealth of the Northern Mariana Is-
lands, 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 mem-
ber of a legally organized volunteer fire department 
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and an officially recognized or designated public em-
ployee 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 pros-
ecutors, court security, pretrial services officers, 
court reporters, and corrections, probation, and pa-
role officers; 
‘‘(5) the term ‘law enforcement officer’ means 
an individual, with arrest powers, involved in crime 
or juvenile delinquency control or reduction or en-
forcement 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 ca-
pacity, 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; 
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‘‘(B) a Federal law enforcement officer; or 
‘‘(C) a federally funded public safety offi-
cer while that officer is engaged in official du-
ties, or on account of the performance of offi-
cial 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 any 
term of years not less than 30, or for life, or, if death 
results and the offender is prosecuted as a principal, may 
be sentenced to death.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 51 of title 18, United States Code, 
is amended by adding at the end the following: 
‘‘1123. Killing of federally funded prosecutors, judges, and law enforcement offi-
cers.’’. 
(b) FUGITIVES FROM JUSTICE.— 
(1) OFFENSE.—Chapter 49 of title 18, United 
States Code, is amended by adding at the end the 
following: 
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‘‘§ 1075. Flight to avoid prosecution for killing pros-
ecutors, judges, and law enforcement offi-
cials 
‘‘(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 con-
spiracy 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 de-
fined in section 1123). 
‘‘(b) PENALTY.—Any person that violates subsection 
(a) shall be fined under this title and imprisoned for any 
term of years not less than 10, in addition to any other 
term of imprisonment for any other offense relating to the 
conduct described in subsection (a).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions 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 prosecutors, judges, and law en-
forcement officials.’’. 
(c) AGGRAVATING FACTORS FOR HOMICIDE.—Sec-
tion 3592(c) of title 18, United States Code, is amended 
by inserting after paragraph (16) the following: 
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‘‘(17) KILLING OF A PROSECUTOR, JUDGE, LAW 
ENFORCEMENT OFFICER, OR FIRST RESPONDER.— 
The defendant killed or attempted to kill a person 
who is authorized by law— 
‘‘(A) to engage in or supervise the preven-
tion, 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 re-
sponder.’’. 
(d) FEDERAL REVIEW OF STATE CONVICTION FOR 
MURDER
OF
A
LAW
ENFORCEMENT
OFFICER
OR 
JUDGE.— 
(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 the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796b)) or judge, while the public 
safety officer or judge was engaged in the performance 
of official duties, or on account of the performance of offi-
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cial 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 fol-
lowing: ‘‘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.— 
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(A) IN GENERAL.—This section and the 
amendments made by this section shall apply to 
any case pending on or after the date of enact-
ment of this Act. 
(B) TIME LIMITS.—In a case pending on 
the date of enactment of this Act, if the amend-
ments made by this section 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 section 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 amend-
ment to the petition was adjudicated by the 
court prior to the date of enactment of this Act. 
(e) SPECIAL PENALTIES FOR ASSAULTING A FED-
ERAL PROSECUTOR, JUDGE, OR LAW ENFORCEMENT OF-
FICER.— 
(1) IN
GENERAL.—Section 111 of title 18, 
United States Code, is amended to read as follows: 
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‘‘§ 111. Assaulting or interfering with certain officers 
or employees 
‘‘(a) OFFICERS AND EMPLOYEES.— 
‘‘(1) IN GENERAL.—It shall be unlawful for any 
person to— 
‘‘(A) assault or interfere with an officer or 
employee described in section 1114, while such 
officer or employee is engaged in, or on account 
of the performance of, official duties; 
‘‘(B) assault or interfere with an individual 
who formerly served as an officer or employee 
described in section 1114 on account of the per-
formance of official duties; or 
‘‘(C) assault or interfere with an individual 
on account of the current or former status of 
the individual as an officer or employee de-
scribed in section 1114. 
‘‘(2) PENALTY.—Any person who violates para-
graph (1), shall be— 
‘‘(A) fined under this title; 
‘‘(B)(i) in the case of an interference or a 
simple assault, imprisoned for not more than 1 
year; 
‘‘(ii) in the case of an assault involving ac-
tual physical contact or the intent to commit 
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any other felony, imprisoned for not more than 
10 years; 
‘‘(iii) in the case of an assault resulting in 
bodily injury, imprisoned for not more than 20 
years; or 
‘‘(iv) in the case of an assault resulting in 
substantial bodily injury (as that term is de-
fined in section 113), or if a dangerous weapon 
was used or possessed during and in relation to 
the offense (including a weapon intended to 
cause death or danger but that fails to do so by 
reason of a defective component), imprisoned 
for not more than 30 years; or 
‘‘(C) fined under subparagraph (A) and 
imprisoned under subparagraph (B). 
‘‘(b) LAW ENFORCEMENT OFFICERS AND JUDGES.— 
‘‘(1) IN GENERAL.— 
‘‘(A) SUBSTANTIAL
BODILY
INJURY.—If 
the victim of an assault punishable under this 
section is a Federal law enforcement officer or 
a United States judge (as those terms are de-
fined in section 115) and the assault resulted in 
substantial bodily injury (as that term is de-
fined in section 113), the offender shall be pun-
ished by a fine under this title and imprison-
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ment for not less 5 years nor more than 30 
years; and 
‘‘(B) SERIOUS BODILY INJURY.—If the vic-
tim of an assault punishable under this section 
is a Federal law enforcement officer or a 
United States judge (as those terms are defined 
in section 115) and the assault resulted in seri-
ous bodily injury (as that term is defined in 
section 2119(2)), or a dangerous weapon was 
used or possessed during and in relation to the 
offense, the offender shall be punished by a fine 
under this title and imprisonment for any term 
of years not less than 10 or for life. 
‘‘(2) IMPOSITION OF PUNISHMENT.—Each pun-
ishment for criminal conduct described in this sub-
section shall be in addition to any other punishment 
for other criminal conduct during the same criminal 
episode.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for chapter 7 of title 
18, United States Code, is amended by striking the 
item relating to section 111 and inserting the fol-
lowing: 
‘‘111. Assaulting or interfering with certain officers or employees.’’. 
(f) SPECIAL PENALTIES FOR RETALIATING AGAINST 
A FEDERAL PROSECUTOR, JUDGE, OR LAW ENFORCE-
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MENT OFFICER BY MURDERING OR ASSAULTING A FAM-
ILY MEMBER.— 
(1) IN
GENERAL.—Section 115 of title 18, 
United States Code, is amended— 
(A) by redesignating subsections (c) and 
(d) as subsections (d) and (e), respectively; and 
(B) by inserting after subsection (b) the 
following: 
‘‘(c)(1) If an offense punishable under this section 
is committed with the intent to impede, intimidate, or 
interfere with a Federal law enforcement officer or a 
United States judge while that officer or judge is engaged 
in the performance of official duties, with the intent to 
retaliate against that officer or judge or a person who for-
merly served as such an officer or judge on account of 
the performance of official duties, or with the intent to 
retaliate against an individual on account of the current 
or former status of the individual as such an officer or 
judge, the offender shall be punished— 
‘‘(A) in the case of murder, attempted murder, 
conspiracy to murder, or manslaughter, as provided 
in section 1114(1); 
‘‘(B) in the case of kidnapping, attempted kid-
napping, or conspiracy to kidnap, as provided in sec-
tion 1201(a); 
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‘‘(C) in the case of an assault resulting in bod-
ily injury or involving the use or possession of a dan-
gerous weapon during and in relation to the offense, 
as provided for a comparable offense against a Fed-
eral law enforcement officer or United States judge 
under section 111; and 
‘‘(D) in the case of any other assault or threat, 
by a fine under this title and imprisonment for not 
more than 10 years. 
‘‘(2) Each punishment for criminal conduct described 
in this subsection shall be in addition to any other punish-
ment for other criminal conduct during the same criminal 
episode.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.— 
(A) Section 119(b)(4) of title 18, United 
States Code, is amended by striking ‘‘section 
115(c)(2)’’ and inserting ‘‘section 115’’. 
(B) Section 2237(e)(1) of title 18, United 
States Code, is amended by striking ‘‘in section 
115(c)’’ and inserting ‘‘in section 115’’. 
(C) Section 5(a) of the Act entitled ‘‘An 
Act to promote the development of Indian arts 
and crafts and to create a board to assist there-
in, and for other purposes’’ (25 U.S.C. 305d) is 
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amended by striking ‘‘in section 115(c)’’ and in-
serting ‘‘in section 115’’. 
SEC. 
4. 
SELF-DEFENSE 
RIGHTS 
FOR 
PROSECUTORS, 
JUDGES, AND LAW ENFORCEMENT OFFICERS. 
(a) IN GENERAL.—Chapter 203 of title 18, United 
States Code, is amended by inserting after section 3053 
the following: 
‘‘§ 3054. Authority of judges, prosecutors, and law en-
forcement officers to carry firearms 
‘‘Subject to such regulations as the Attorney General 
shall prescribe regarding training and proficiency in the 
use of firearms, any 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, prosecution, or adju-
dication of any violation of law may carry firearms. Such 
authority to carry firearms shall extend, but not be limited 
to presence 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 appur-
tenant to such a facility, where such possession is other-
wise authorized by law and incident to the lawful perform-
ance of the official duties of that person.’’. 
(b) CARRYING OF CONCEALED FIREARMS BY QUALI-
FIED
LAW
ENFORCEMENT
OFFICERS.—Section 
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926B(e)(2) of title 18, United States Code, is amended 
by inserting ‘‘any magazine and’’ after ‘‘includes’’. 
(c) CARRYING OF CONCEALED FIREARMS BY QUALI-
FIED 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(c)), or a qualified retired law enforcement officer 
(as defined in section 926C(c))’’ 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 de-
scribed 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) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 203 of title 18, United 
States Code, is amended by inserting after the item relat-
ing to section 3053 the following: 
‘‘3054. Authority of judges, prosecutors, and law enforcement officers to carry 
firearms.’’. 
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SEC. 5. LIMITATION ON DAMAGES INCURRED DURING COM-
MISSION OF A FELONY OR CRIME OF VIO-
LENCE. 
(a) IN GENERAL.—Section 1979 of the Revised Stat-
utes (42 U.S.C. 1983) is amended by— 
(1) striking ‘‘except that in any action’’ and all 
that follows through ‘‘relief was unavailable.’’ and 
inserting the following: ‘‘except that— 
‘‘(1) in any action brought against a judicial of-
ficer for an act or omission taken in the judicial ca-
pacity of that officer, injunctive relief shall not be 
granted unless a declaratory decree was violated or 
declaratory relief was unavailable; and 
‘‘(2) in any action seeking redress for any dep-
rivation that was incurred in the course of, or as a 
result of, or is related to, conduct by the injured 
party that, more likely than not, constituted a felony 
or a crime of violence (as that term is defined in sec-
tion 16 of title 18, United States Code) (including 
any deprivation in the course of arrest or apprehen-
sion for, or the investigation, prosecution, or adju-
dication of, such an offense), a court may not award 
damages other than for necessary out-of-pocket ex-
penditures and other monetary loss.’’; and 
(2) indenting the last sentence as an undesig-
nated paragraph. 
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(b) ATTORNEY’S FEES.—Section 722(b) of the Re-
vised Statutes (42 U.S.C. 1988(b)) is amended by striking 
‘‘except that in any action’’ and all that follows and insert-
ing the following: ‘‘except that— 
‘‘(1) in any action brought against a judicial of-
ficer for an act or omission taken in the judicial ca-
pacity of that officer, such officer shall not be held 
liable for any costs, including attorneys fees, unless 
such action was clearly in excess of the jurisdiction 
of that officer; and 
‘‘(2) in any action seeking redress for any dep-
rivation that was incurred in the course of, or as a 
result of, or is related to, conduct by the injured 
party that, more likely than not, constituted a felony 
or a crime of violence (as that term is defined in sec-
tion 16 of title 18, United States Code) (including 
any deprivation in the course of arrest or apprehen-
sion for, or the investigation, prosecution, or adju-
dication of, such an offense), the court may not 
allow such party to recover attorney’s fees.’’. 
SEC. 6. SELF-DEFENSE RIGHTS FOR FEDERAL CORREC-
TIONAL WORKERS. 
(a) IN GENERAL.—Chapter 303 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘§ 4049. Secure firearms storage for Federal correc-
tional workers 
‘‘The Director of the Bureau of Prisons shall ensure 
that each Federal penal or correctional institution pro-
vides a secure firearms storage area for use by all persons 
employed by the Bureau of Prisons at the institution who 
are authorized to carry a firearm, or allow such persons 
to store firearms in a vehicle lockbox approved by the Di-
rector.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 303 of title 18, United States Code, is amend-
ed by adding at the end the following: 
‘‘4049. Secure firearms storage for Federal correctional workers.’’. 
Æ 
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