S.Amdt. 359

1. Adds TITLE II--SAFE COPS ACT at the end of the bill

   Adds a title

   In S. 990 · Engrossed Amendment House

   "(s) Competitive Selection Procedures for SBIR and STTR Programs.--All funds awarded, appropriated, or otherwise made available in accordance with subsection (f) or (n) must be awarded pursuant to competitive and merit-based selection procedures.".

   Inserted: TITLE II--SAFE COPS ACT

   Inserted: SECTION 201. SHORT TITLE.

   Inserted: This title may be cited as the "Safe Cops Act of 2011".

   Inserted: SEC. 202. SPECIAL PENALTIES FOR MURDER OR KIDNAPPING OF A FEDERAL LAW ENFORCEMENT OFFICER OR FEDERAL JUDGE.

   Inserted: (a) Murder.--Section 1114 of title 18, United States Code, is amended--

   Inserted: (1) by inserting "(a)" before "Whoever"; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(b) If the victim of an offense punishable under this section or section 1117 is a Federal law enforcement officer or a United States judge (as those terms are defined in section 115), the offender shall be punished by a fine under this title and--

   Inserted: "(1) in the case of murder in the first degree, or an attempt or conspiracy to commit murder in the first degree, death or imprisonment for life;

   Inserted: "(2) in the case of murder in the second degree, or an attempt or conspiracy to commit murder in the second degree, imprisonment for any term of years not less than 25 or for life; and

   Inserted: "(3) in the case of voluntary manslaughter, imprisonment for any term of years not less than 10 or for life.".

   Inserted: (b) Kidnapping.--Section 1201 of title 18, United States Code, is amended--

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   Inserted: (1) by redesignating subsections (f), (g), and (h) as subsections (g), (h), and (i), respectively; and

   Inserted: (2) by inserting after subsection (e) the following:

   Inserted: "(f) If the victim of an offense punishable under subsection (a), (c), or (d) is a Federal law enforcement officer or a United States judge (as those terms are defined in section 115), the offender shall be punished by a fine under this title and imprisonment for any term of years not less than 20 or for life, or, if death results, may be sentenced to death.".

   Inserted: SEC. 203. SPECIAL PENALTIES FOR ASSAULTING A FEDERAL LAW ENFORCEMENT OFFICER OR FEDERAL JUDGE.

   Inserted: (a) In General.--Section 111 of title 18, United States Code, is amended to read as follows:

   Inserted: "Sec. 111. Assaulting or interfering with certain officers or employees

   Inserted: "(a) Officers and Employees.--

   Inserted: "(1) In general.--It shall be unlawful to--

   Inserted: "(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;

   Inserted: "(B) assault or interfere with an individual who formerly served as an officer or employee described in section 1114 on account of the performance of official duties; or

   Inserted: "(C) assault or interfere with an individual on account of that individual's current or former status as an officer or employee described in section 1114.

   Inserted: "(2) Penalty.--Any person who violates paragraph (1), shall be--

   Inserted: "(A) fined under this title;

   Inserted: "(B)(i) in the case of an interference or a simple assault, imprisoned for not more than 1 year;

   Inserted: "(ii) in the case of an assault involving actual physical contact or the intent to commit any other felony, imprisoned for not more than 10 years;

   Inserted: "(iii) in the case of an assault resulting in bodily injury, imprisoned for not more than 20 years; or

   Inserted: "(iv) in the case of an assault resulting in substantial bodily injury (as that term is defined 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

   Inserted: "(C) fined under subparagraph (A) and imprisoned under subparagraph (B).

   Inserted: "(b) Law Enforcement Officers and Judges.--

   Inserted: "(1) In general.--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 defined in section 115)--

   Inserted: "(A) if the assault resulted in substantial bodily injury (as that term is defined in section 113), the offender shall be punished by a fine under this title and imprisonment for not less 5 years nor more than 30 years; and

   Inserted: "(B) if the assault resulted in serious 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.

   Inserted: "(2) Imposition of punishment.--Each punishment for criminal conduct described in this subsection shall be in addition to any other punishment for other criminal conduct during the same criminal episode.".

   Inserted: (b) Technical and Conforming Amendment.--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 following:

   Inserted: "111. Assaulting or interfering with certain officers or employees.".

   Inserted: SEC. 204. SPECIAL PENALTIES FOR RETALIATING AGAINST A FEDERAL LAW ENFORCEMENT OFFICER OR FEDERAL JUDGE BY MURDERING OR ASSAULTING A FAMILY MEMBER.

   Inserted: (a) In General.--Section 115 of title 18, United States Code, is amended--

   Inserted: (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

   Inserted: (2) by inserting after subsection (b) the following:

   Inserted: "(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 formerly 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 that individual's current or former status as such an officer or judge, the offender shall be punished--

   Inserted: "(A) in the case of murder, attempted murder, conspiracy to murder, or manslaughter, as provided in section 1114(b);

   Inserted: "(B) in the case of kidnapping, attempted kidnapping, or conspiracy to kidnap, as provided in section 1201(f);

   Inserted: "(C) in the case of an assault resulting in bodily injury or involving the use or possession of a dangerous weapon during and in relation to the offense, as provided for a comparable offense against a Federal law enforcement officer or United States judge under section 111; and

   Inserted: "(D) in the case of any other assault or threat, by a fine under this title and imprisonment for not more than 10 years.

   Inserted: "(2) Each punishment for criminal conduct described in this subsection shall be in addition to any other punishment for other criminal conduct during the same criminal episode.".

   Inserted: (b) Technical and Conforming Amendments.--

   Inserted: (1) In general.--Title 18, United States Code, is amended--

   Inserted: (A) in section 119(b)(4) by striking "in section 115(c)(2)" and inserting "in section 115(d)(2)"; and

   Inserted: (B) in section 2237(e)(1) of title 18, United States Code, by striking "in section 115(c)" and inserting "in section 115".

   Inserted: (2) Other law.--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(a)) is amended by striking "section 115(c)" and inserting "section 115(d)".

   Inserted: SEC. 205. LIMITATION ON DAMAGES INCURRED DURING COMMISSION OF A FELONY OR CRIME OF VIOLENCE.

   Inserted: (a) In General.--Section 1979 of the Revised Statutes (42 U.S.C. 1983) is amended by--

   Inserted: (1) striking "except that in any action" and all that follows through "relief was unavailable." and inserting the following: "except that--

   Inserted: "(1) in any action brought against a judicial officer for an act or omission taken in the judicial capacity of that officer, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable; and

   Inserted: "(2) in any action seeking redress for a deprivation 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 section 16 of title 18, United States Code) (including any deprivation in the course of arrest or apprehension for, or the investigation, prosecution, or adjudication of, such an offense), a court shall not have jurisdiction to consider a claim for damages other than for necessary out-of-pocket expenditures and other monetary loss."; and

   Inserted: (2) indenting the last sentence as an undesignated paragraph.

   Inserted: (b) Attorney's Fees.--Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended by striking "except that in any action" and all that follows and inserting the following: "except that--

   Inserted: "(1) in any action brought against a judicial officer for an act or omission taken in the judicial capacity 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

   Inserted: "(2) in any action seeking redress for a deprivation 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 section 16 of title 18, United States Code) (including any deprivation in the course of arrest or apprehension for, or the investigation, prosecution, or adjudication of, such an offense), the court may not allow such party to recover attorney's fees.".

   Inserted: SEC. 206. FEDERAL REVIEW OF STATE CONVICTION FOR MURDER OF A LAW ENFORCEMENT OFFICER OR JUDGE.

   Inserted: (a) Short Title.--This section may be cited as the "Daniel Faulkner Law Enforcement Officers and Judges Protection Act of 2011".

   Inserted: (b) Federal Review.--Section 2254 of title 28, United States Code, is amended by adding at the end the following:

   Inserted: "(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 public safety officer's or judge's performance of official duties or status as a public safety officer or judge--

   Inserted: "(A) the application shall be subject to the time limitations and other requirements under sections 2263, 2264, and 2266; and

   Inserted: "(B) the court shall not consider claims relating to sentencing that were adjudicated in a State court.

   Inserted: "(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).".

   Inserted: (c) Rules.--Rule 12 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.".

   Inserted: (d) 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.".

   Inserted: (e) Effective Date and Applicability.--

   Inserted: (1) In general.--This section and the amendments made by this section shall apply to any case pending on or after the date of enactment of this Act.

   Inserted: (2) Time limits.--In a case pending on the date of enactment of this Act, if the amendments 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.

   Inserted: (3) 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 amendment to the petition was adjudicated by the court prior to the date of enactment of this Act.

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As printed