H.R. 866 – Reading Mode

111th CONGRESS

1st Session

H. R. 866

IN THE HOUSE OF REPRESENTATIVES

February 4, 2009

Mr. Brady of Texas (for himself, Mr. Bilbray, Mr. Culberson, Mr. Rohrabacher, Mr. McCaul, Mr. Marchant, Mr. Latta, Mr. Gingrey of Georgia, Mr. Gohmert, Mr. Franks of Arizona, Mr. Broun of Georgia, Mr. Harper, Mr. Burton of Indiana, Mr. Kingston, and Mr. Sam Johnson of Texas) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To provide an exception to certain mandatory minimum sentence requirements for a law enforcement officer who uses, carries, or possesses a firearm during and in relation to a crime of violence committed while pursuing or apprehending a suspect.

Short title

This Act may be cited as the Law Enforcement Protection Act.

Exception to certain mandatory minimum sentencing requirements for a law enforcement officer who uses, carries, or possesses a firearm during and in relation to a crime of violence committed while pursuing or apprehending a suspect

Section 924(c)(1) of title 18, United States Code, is amended by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively, and inserting after subparagraph (A) the following:

(B)

The minimum sentencing requirements of subparagraph (A) shall not apply if—

(i)

at the time the person used, carried, or possessed the firearm, the person was a law enforcement officer authorized to carry the firearm;

(ii)

the offense under this paragraph occurred while the person was on-duty, and during or in relation to the pursuit or apprehension of an individual who the person reasonably believed had committed a crime; and

(iii)

the crime committed by the person during and in relation to which the offense under this paragraph occurred is a crime of violence.