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: 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, any other territory or possession of the United States, or an Indian tribe, or a unit of local government of such 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 authorized by law to engage in or supervise the enforcement, prevention, detection, investigation, arrest, apprehension, prosecution, or incarceration of any person for any violation of criminal law; (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: 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 the enforcement, prevention, detection, investigation, arrest, apprehension, prosecution, or incarceration of any person for any violation of criminal law (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 assault 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 who 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; or (C) a prosecution by the United States is in the public interest and necessary to secure substantial justice, as determined by the Attorney General, based on— (i) the verdict or sentence obtained pursuant to State charges; (ii) the extent of planning and premeditation involved in the offense; (iii) the intended outcome of the conduct; (iv) the disregard for human life, including collateral damage to unintended victims, involved in the offense; and (v) the benefit to public safety from Federal prosecution. (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: 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..