IIB 
109TH CONGRESS 
1ST SESSION H. R. 1751 
IN THE SENATE OF THE UNITED STATES 
NOVEMBER 10, 2005 
Received; read twice and referred to the Committee on the Judiciary 
AN ACT 
To amend title 18, United States Code, to protect judges, 
prosecutors, witnesses, victims, and their family mem-
bers, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Secure Access to Jus-
tice and Court Protection Act of 2005’’. 
SEC. 2. PENALTIES FOR INFLUENCING, IMPEDING, OR RE-
TALIATING AGAINST JUDGES AND OTHER OF-
FICIALS BY THREATENING OR INJURING A 
FAMILY MEMBER. 
Section 115 of title 18, United States Code, is 
amended— 
(1) in each of subparagraphs (A) and (B) of 
subsection (a)(1), by inserting ‘‘federally funded 
public safety officer (as defined for the purposes of 
section 1123)’’ after ‘‘Federal law enforcement offi-
cer,’’; 
(2) so that subsection (b) reads as follows: 
‘‘(b)(1) Except as provided in paragraph (2), the 
punishment for an offense under this section is as follows: 
‘‘(A) The punishment for an assault in violation 
of this section is the same as that provided for a like 
offense under section 111. 
‘‘(B) The punishment for a kidnapping, at-
tempted kidnapping, or conspiracy to kidnap in vio-
lation of this section is the same as provided for a 
like violation in section 1201. 
‘‘(C) The punishment for a murder, attempted 
murder, or conspiracy to murder in violation of this
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section is the same as provided for a like offense 
under section 1111, 1113, and 1117. 
‘‘(D) A threat made in violation of this section 
shall be punished by a fine under this title or impris-
onment for not more than 10 years, or both. 
‘‘(2) If the victim of the offense under this section 
is an immediate family member of a United States judge, 
a Federal law enforcement officer (as defined for the pur-
poses of section 1114) or of a federally funded public safe-
ty officer (as defined for the purposes of section 1123), 
in lieu of the punishments otherwise provided by para-
graph (1), the punishments shall be as follows: 
‘‘(A) The punishment for an assault in violation 
of this section is as follows: 
‘‘(i) If the assault is a simple assault, a 
fine under this title or a term of imprisonment 
for not more than one year, or both. 
‘‘(ii) If the assault resulted in bodily injury 
(as defined in section 1365), a fine under this 
title and a term of imprisonment for not less 
than one year nor more than 10 years. 
‘‘(iii) If the assault resulted in substantial 
bodily injury (as defined in section 113), a fine 
under this title and a term of imprisonment for 
not less than 3 years nor more than 12 years.
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‘‘(iv) If the assault resulted in serious bod-
ily injury (as defined in section 2119), a fine 
under this title and a term of imprisonment for 
not less than 10 years nor more than 30 years. 
‘‘(B) The punishment for a kidnapping, at-
tempted kidnapping, or conspiracy to kidnap in vio-
lation of this section is a fine under this title and 
imprisonment for any term of years not less than 
30, or for life. 
‘‘(C) The punishment for a murder, attempted 
murder, or conspiracy to murder in violation of this 
section is a fine under this title and imprisonment 
for any term of years not less than 30, or for life, 
or, if death results and the offender is prosecuted as 
a principal, the offender may be sentenced to death. 
‘‘(D) A threat made in violation of this section 
shall be punished by a fine under this title and im-
prisonment for not less than one year nor more than 
10 years. 
‘‘(E) If a dangerous weapon was used during 
and in relation to the offense, the punishment shall 
include a term of imprisonment of 5 years in addi-
tion to that otherwise imposed under this para-
graph.’’.
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SEC. 3. PENALTIES FOR CERTAIN ASSAULTS. 
(a) INCLUSION
OF FEDERALLY FUNDED PUBLIC 
SAFETY OFFICERS.—Section 111(a) of title 18, United 
States Code, is amended— 
(1) in paragraph (1), by inserting ‘‘or a feder-
ally funded public safety officer (as defined in sec-
tion 1123)’’ after ‘‘1114 of this title’’; and 
(2) in paragraph (2), by inserting ‘‘or a feder-
ally funded public safety officer (as defined in sec-
tion 1123)’’ after ‘‘1114’’. 
(b) ALTERNATE PENALTY WHERE VICTIM IS
A 
UNITED STATES JUDGE, A FEDERAL LAW ENFORCE-
MENT OFFICER, OR FEDERALLY FUNDED PUBLIC SAFE-
TY OFFICER.—Section 111 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘(c) ALTERNATE PENALTY WHERE VICTIM IS
A 
UNITED STATES JUDGE, A FEDERAL LAW ENFORCE-
MENT OFFICER, OR FEDERALLY FUNDED PUBLIC SAFE-
TY OFFICER.—(1) Except as provided in paragraph (2), 
if the offense is an assault and the victim of the offense 
under this section is a United States judge, a Federal law 
enforcement officer (as defined for the purposes of section 
1114) or of a federally funded public safety officer (as de-
fined for the purposes of section 1123), in lieu of the pen-
alties otherwise set forth in this section, the offender shall 
be subject to a fine under this title and—
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‘‘(A) If the assault is a simple assault, a fine 
under this title or a term of imprisonment for not 
more than one year, or both. 
‘‘(B) if the assault resulted in bodily injury (as 
defined in section 1365), shall be imprisoned not less 
than one nor more than 10 years; 
‘‘(C) if the assault resulted in substantial bodily 
injury (as defined in section 113), shall be impris-
oned not less than 3 nor more than 12 years; and 
‘‘(D) if the assault resulted in serious bodily in-
jury (as defined in section 2119), shall be impris-
oned not less than 10 nor more than 30 years. 
‘‘(2) If a dangerous weapon was used during and in 
relation to the offense, the punishment shall include a 
term of imprisonment of 5 years in addition to that other-
wise imposed under this subsection.’’. 
SEC. 4. PROTECTION OF FEDERALLY FUNDED PUBLIC 
SAFETY OFFICERS. 
(a) OFFENSE.—Chapter 51 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘§ 1123. Killing of federally funded public safety offi-
cers 
‘‘(a) Whoever kills, or attempts or conspires to kill, 
a federally funded public safety officer while that officer 
is engaged in official duties, or arising out of the perform-