Peace Officer Justice Act

Mr. Speaker, on April 29, 2002, Los Angeles County Sheriff's Deputy David March was brutally slain execution-style during a routine traffic stop. Suspect Armando Garcia fled to Mexico within hours of Deputy March's death and has eluded prosecution by U.S. authorities.

Tragically, Mexico's refusal to extradite individuals who may face the death penalty or life imprisonment has complicated efforts to bring Armando Garcia back to the U.S. to face prosecution for his crimes. Over the last 3 years, I have fought to see Armando Garcia and other fugitives accused in killings brought back to the U.S. I have met with officials from the Department of Justice and the State Department. I have written repeatedly, joined by other members of Congress, to President Bush and to Secretaries of State Colin Powell and Condoleezza Rice, calling for aggressive action to change Mexico's extradition policy. I have even met with high officials of the Mexican government in an effort to impress upon our neighbor the intolerable nature of its extradition policy. However, 3 years later, Armando Garcia and thousands of other fugitives still roam free.

I will continue to work with the administration to bring Deputy March's murderer to justice. I will also continue our fight to persuade Mexico to change its policy. But until that is achieved, I believe that the Congress has a duty to act as well.

It was at the urging of Los Angeles County Sheriff Lee Baca that my friend from Pasadena, Mr. Schiff, and I introduced H.R. 2363, the Peace Officer Justice Act, to make it a Federal crime to kill a peace officer and flee the country to avoid prosecution. This bill ensures that criminals who murder law enforcement officials and escape to another country will have the full weight of the Federal Government on their trail.

Currently under Federal law, it is a crime to kill a Federal peace officer or state/local officers if they are engaged in a Federal investigation. We believe there is no reason that a heinous crime, such as the one in Deputy March's case, should not also be a Federal crime with the same penalties as the murder of a Federal officer.

The punishment for fleeing prosecution under existing law is no more than 5 years or merely a fine. I believe that a fine or 5 years imprisonment for the cold-blooded murder of a law enforcement officer is tantamount to no justice at all. The Peace Officer Justice Act makes such an act punishable by the Federal murder statute, which includes the death penalty or life in prison. This legislation is supported by the Fraternal Order of Police and the National Sheriffs Association.

However, Los Angeles County District Attorney Steve Cooley has decided to strongly oppose the bill citing several concerns with its provisions. Specifically, Mr. Cooley believes that making such a crime a violation of Federal law would provide ``exclusive jurisdiction'' for the Federal Government to pursue a cop-killer who flees the country. In response, I made clear that this bill provides concurrent jurisdiction for the Federal Government to prosecute; not the authority to supersede jurisdiction of states or localities. Therefore, either the Federal Government or the State/local prosecutor could pursue the case. In fact, if the State has already pursued its own prosecution of such a crime, that would not prohibit the Federal Government from pursuing a subsequent prosecution under this bill. For example, in United States v. Lanza, 260 U.S. 377, 382 (1922), the U.S. Supreme Court upheld the conviction in Federal court of a person previously convicted in State court for performing the same act. The Court stated ``We have here two sovereigns deriving power from different sources, capable of dealing with the same subject-matter within the same territory. Each government in determining what shall be an offense against its peace and dignity is exercising its own sovereignty, not that of the other.'' This ``dual sovereignty doctrine'' has also been used to uphold successive prosecutions by two States for the same conduct. See e.g. Heath v. Alabama, 474 U.S. 82 (1985) (permitting a defendant who crossed a State line in the course of a kidnap/murder to be prosecuted for murder in both States). However, Mr. Cooley strongly disagrees with U.S. Supreme Court precedent.

Mr. Cooley also cites California Penal Code 793, which prohibits the prosecution of any crime that has already been tried in the U.S. or other State. He argues that California would not be able to prosecute cop-killers who flee the country due to the State law and the Federal Government's ``exclusive jurisdiction'' of such cases.

Mr. Cooley also argues that if Federal prosecutors, using their ``exclusive jurisdiction'' of such crimes, decide to forego the death penalty or life imprisonment to extradite a suspect back from Mexico to the U.S., that any term of years set by the Federal Government would be less than any term that California prosecutors would seek for punishment. Specifically,

he cites that under California law, second degree murder of a law enforcement officer, without special circumstances, is punishable by minimum of 25 years to life with the possibility of parole, while second degree murder under the Federal murder statute is ``any term of years or life.'' In addition, Mr. Cooley cites that local prosecutors are more experienced at prosecuting murder cases and are better at the job than Federal prosecutors.

Finally, Mr. Cooley cites the ``Rule of Speciality'' in the U.S.- Mexico Extradition Treaty, which states that individuals extradited from one country to another can only be prosecuted under the charges included in the extradition request. Therefore, he argues that since H.R. 2363 provides ``exclusive jurisdiction'' to the Federal Government in such cases, that California will be barred from prosecuting a cop- killer who flees the country.

Although I strongly disagree with Mr. Cooley's interpretation of ``exclusive jurisdiction,'' I have reached out to him and local law enforcement officers for suggestions on how to improve the bill. Based on their feedback, I, along with Mr. Schiff, am introducing the Justice for Peace Officers Act to build on the provisions of H.R. 2363 by enhancing the punishment for cop-killers and those who aid them, providing priority to State/local prosecutors in such cases, making clear that the bill does not supersede State/local jurisdiction and urging the renegotiation of the U.S.Mexico Extradition Treaty to resolve the death penalty/life imprisonment roadblock.

The Justice for Peace Officers Act, like the Peace Officer Justice Act, makes it a Federal crime to kill a peace officer and flee the country. And like H.R. 2363, the Justice for Peace Officers Act makes the crime for first degree murder punishable by the death penalty or life imprisonment. The Justice for Peace Officers Act goes a step further by making murder in the second degree punishable by a mandatory minimum of 30 years in prison or life imprisonment. Under the current ``federal murder statute'' (18 U.S.C. 1111), the punishment for second degree murder is any term of years or life imprisonment. This change ensures that persons guilty of killing a peace officer under second degree murder and fleeing the country will face a significant minimum number of years under lock and key.

The Justice for Peace Officers Act also raises the penalty for those who help cowardly cop-killers flee the country to avoid prosecution. Under the current ``accessory after the fact'' federal statute (18 U.S.C. 3), the punishment for helping suspects, facing the death penalty or life imprisonment, to avoid capture is a maximum of 15 years in prison. The Justice for Peace Officers Act ensures that such aiders and abettors would serve a mandatory minimum sentence of 15 years behind bars.

Let me be clear that it will always be my preference for State and local prosecutors to go after cop killers--police keep our local communities safe and local prosecutors should have primary jurisdiction over these cases. That is why I included language in the Justice for Peace Officers Act to give priority to State/local prosecutors to pursue a suspect of killing a peace officer and fleeing the country. Specifically, the Attorney General, the Deputy Attorney General, the Associate Attorney General, or an Assistant Attorney General, in consultation with the appropriate State/local prosecutors, must provide formal approval in writing to pursue such a case. This gives State/ local and Federal officials the opportunity to confer on the best course of action, and gives preference to State/local officials since no action can be taken on the Federal level without the additional step of obtaining formal written permission. This language is based on a provision in the current ``flight to avoid prosecution'' Federal statute (18 U.S.C. 1073). Also, the Justice for Peace Officers Act includes language making clear that nothing in the bill would supersede the authority of State/local prosecutors.

In addition, the penalty under the Justice for Peace Officers Act would be a consecutive sentence to any other State or Federal punishment. Since State/local authorities have first priority to prosecute and sentence such a suspect, the provision would ensure that any punishment on the local/State level would be enhanced by an additional Federal sentence.

Finally, we firmly believe that the Bush Administration should use all tools available to bring about a change in Mexico's policy regarding the extradition of nationals that will allow these brutal killers to face justice in the U.S. That is why we included a provision in the Justice for Peace Officers Act directing the Secretary of State to enter into formal discussions with the Mexican government on the U.S.-Mexico Extradition Treaty. The provision also directs the Secretary of State to urge the Mexican Government to use all available actions to persuade the Mexican Supreme Court to reconsider its October 2001 ruling so that the possibility of life imprisonment will not have an effect on the timely extradition of criminal suspects from Mexico to the U.S.

Mr. Speaker, I hope that the Justice for Peace Officers Act will signal to Mexico and any other country that refuses to extradite a fugitive cop-killer that the Congress of the United States considers this a crime against America and will bring the full resources of the Federal Government to bear to seek justice. I urge all of my colleagues to co-sponsor the Justice for Peace Officers Act.

Mr. Speaker, on April 29 of 2002, Los Angeles County Sheriff's Deputy David March was brutally slain execution-style during a routine traffic stop. Suspect Armando Garcia, an illegal immigrant, fled to Mexico within hours of Deputy March's murder and has avoided prosecution by U.S. authorities for over 3 years.

Mexico's refusal to extradite individuals who may face the death penalty or life imprisonment has hindered efforts to bring Armando Garcia back to the United States to face prosecution for his crime. The same border that Garcia illegally crossed to enter our country now serves as a wall of protection for him. This is an outrage. It is an unspeakable injustice to the loved ones of David March, and to all of the men and women who risk their lives each day so that we can live in safety.

When our peace officers patrol their beats, keep an eye on our neighborhoods and police the streets, they are walking the line, selflessly enforcing our laws and keeping our communities safe. When the very laws they have a duty to uphold are abused by fleeing murderers, justice is denied, the security of peace officers is placed in jeopardy, and the rule of law on which our great Nation is based is weakened.

Over the last 3 years, I have joined many of my colleagues in efforts to see that Armando Garcia and other fugitives accused in killings on our soil are returned to the United States to face justice. We have met with officials from the Department of Justice and the Department of State. We have urged President Bush to call for aggressive action to change Mexico's extradition policy. I have met with President Fox and other high officials of the Mexican government, including their Supreme Court, in an effort to impress upon our neighbor that its extradition policy is intolerable. However, 3 years later, Armando Garcia and thousands of other fugitives still are beyond the grasp of our legal system.

Recently, in a potentially critical turning point, the Mexican Supreme Court issued a decision that allowed consecutive prison terms for certain murders. This could have the effect of recognizing that life imprisonment does not constitute cruel and unusual punishment, a position previously held by the Mexican Supreme Court, as I said. Amid sensitive talks and signs of progress, I remain committed to working with the administration to bring Deputy March's murderer to justice. But until that is achieved, Congress has a duty to take action to ensure that what happened to Deputy March never happens again.

It was at the urging of Los Angeles County Sheriff Lee Baca that my friend from Pasadena (Mr. Schiff) and I introduced H.R. 2363, the Peace Officer Justice Act, to make it a Federal crime to kill a peace officer and flee the country to avoid prosecution. This bill ensures that criminals who murder law enforcement officials and escape to another country will have the full weight of the Federal Government on their trail. This legislation is supported by the Fraternal Order of Police, the National Sheriffs Association and Roy Burns, president of the Association of Los Angeles Deputy Sheriffs. After we introduced the bill, Mr. Speaker, Los Angeles County District Attorney Steve Cooley voiced concerns to me with several of its provisions. Specifically, he believed that making such a crime a violation of Federal law would provide exclusive jurisdiction for the Federal Government to pursue a cop-killer who flees the country.

I have reached out to Mr. Cooley on numerous occasions for suggestions on how to improve the bill. Having addressed every single issue that the District Attorney raised, I, along with the gentleman from Pasadena, am reintroducing this legislation. It is now going to be called the Justice for Peace Officers Act. Thanks to the input from Mr. Cooley, this is a stronger, better and more aggressive bill.

This bill makes it a Federal crime to kill a peace officer and flee the country. And it makes the crime for first degree murder punishable by the death penalty or life imprisonment. The bill also goes a step further by making murder in the second degree punishable by a mandatory minimum of 30 years in prison or life imprisonment.

This legislation raises the penalty for those who help cop-killers flee the country from a maximum of 15 years in prison to a mandatory minimum sentence of 15 years behind bars.

Mr. Speaker, it will always be our preference for State and local prosecutors to go after cop-killers. Police keep our local communities safe and local prosecutors should have primary jurisdiction over these cases. That is why we included language to give priority to local prosecutors, and we have made clear that nothing in this bill would supersede that authority. In addition, the penalty under the bill would be a consecutive sentence to any other State or Federal punishment. This provision would ensure that any punishment on the local level would be enhanced by an additional Federal sentence.

Finally, we firmly believe that the Bush administration should use all tools available to bring about a change in Mexico's extradition policy. We included a provision directing the Secretary of State to enter into formal discussions with the Mexican government on the U.S.- Mexico extradition treaty.

Mr. Speaker, this legislation sends a powerful message to Mexico and any other country that refuses to extradite a fugitive cop-killer. It shows that the United States Congress considers this a crime against America. Passage of this bill will ensure that perpetrators of these heinous crimes will be brought to justice.

I urge my colleagues to join with us in cosponsoring this very important measure.

Mr. Chairman, this bill is far from perfect, but I think it deserves to be passed.

The bill provides important resources to help our allies in the struggle against international terrorism and against the narcotics trade. For example, it includes economic assistance for Afghanistan at the requested level of $430 million, $205 million above last year's level, but includes a new provision that withholds $225 million of the total until the Secretary of State certifies that the national and local governments in Afghanistan are fully cooperating with the U.S.- funded narcotics eradication and interdiction efforts. The bill also includes $220 million for military assistance for Pakistan to support their efforts in hunting terrorists along the Afghan border, as well as $347 million--$111 million above last year--for International Narcotics Control.

Some of the other high-priority items in the bill include much-needed assistance to combat HIV/AIDS, tuberculosis and malaria--$131 million more than the President's request and $502 million more than in fiscal year 2005.

The Peace Corps is funded at $325 million, $8 million above fiscal 2005, and the bill includes provisions to provide for a greater role in oversight of U.S. taxpayer contributions to international organizations.

Of course, the bill is far from perfect, and I do not agree with all its priorities. I voted for a number of amendments that would have improved it and regret that not all of them were adopted.

I also voted against some amendments, including two that dealt with the sensitive subject of extradition from other countries of people accused of crimes in the United States.

One of those amendments, by my Colorado colleague, Representative Beauprez, calls for cutting off any assistance to a country that refuses to comply with a request to extradite a person charged with killing a police officer in the United States.

Killing a policeman is a very serious matter, and I am a cosponsor of a bill (H.R. 2363) to authorize much more severe penalties for such fugitive killers of a peace officer--including any Federal, State, or local police officer.

However, I voted against the Beauprez amendment after receiving a communication from the District Attorney in Denver. He is currently working to complete the extradition from Mexico of a fugitive wanted in connection with the murder of a Denver police officer and has indicated that Congressional threats to reduce assistance as a way to bring pressure on the Mexican authorities run the risk of being counterproductive. I am not opposed to using leverage, including our foreign assistance programs, to insist that other countries extradite

wanted fugitives, but the District Attorney's comments persuaded me that adoption of the amendment at this time could make it harder for the District Attorney's efforts with Mexico to succeed.

On balance, while the bill is not all that I would wish in all respects, I think it deserves approval and I will vote for it.