Bills
| 3.23.22

Should the Murderers of Federal Judges or Public Safety Officers Face the Death Penalty? (S. 1134)

Do you support or oppose this bill?

What is S. 1134?

(Updated July 15, 2021)

This bill would create a new federal crime for killing, attempting to kill, or conspiring to kill a federal judge, law enforcement officer, or public safety officer. For murder, the offender could receive the death penalty, and a conviction would carry a mandatory minimum sentence of 30 years while attempted murder would result in a minimum 10 year sentence.

Other new federal crimes would also be created by this legislation. Assaulting a public safety officer would lead to escalating penalties including mandatory minimums based on the extent of the injury caused and whether a lethal weapon was used. And if a perpetrator flees across state lines to avoid prosecution for a crime created by this bill, they could be subject them to a mandatory minimum sentence of 10 years.

In the result of a conviction, this bill would impose time and substantive limits on the ability of federal courts to review challenges of state-court convictions involving the murder of an on-duty public safety officer. For perpetrators who committed a felony, there would be limits on the civil damages and attorney’s fees they can recover from injuries they sustained while committing their crime.

The bill would also reform federal law to carry their guns in most circumstances when entering federal facilities or other places where the possession of a gun is otherwise prohibited. There would also be expanded grant funding to improve the relationship between law enforcement and the communities they serve.

Argument in favor

If someone murders or tries to kill a federal judge or public safety officer they should be faced with lengthy mandatory minimums and potentially the death penalty. Such a crime seeks to undermine the rule of law, and should be punished harshly.

Argument opposed

It’s wrong for the government to impose the death penalty on a citizen under any circumstance, as the judicial system that would mete out the punishment is prone to errors and it’s impossible to bring back someone who was wrongly executed.

Impact

People who murder or attempt to murder federal law enforcement officers or judges; federal law enforcement officers and judges; and state and federal courts.

Cost of S. 1134

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Sen. John Cornyn (R-TX) introduced this bill to increase penalties on criminals that target public safety officers or federal judges:

“Our law enforcement officers put their lives on the line every day to protect and serve across Texas. Violent criminals who deliberately target those who protect and serve our communities should face swift and tough penalties and the Back the Blue Act sends that clear message.”

Human Rights Watch expressed its opposition to this bill saying it'd "severely reduce the ability of people in the United States to hold officers accountable for abuses." It cited the weakening of protections for the victims of unjustified police violence who were involved with a felony or violent crime by limiting their ability to receive compensation for being harmed. HRW also opposes this bill for making even minor assaults on police officers federal crimes punishable by mandatory minimum sentences, and expanding the federal death penalty.

This legislation has the support of 15 cosponsors in the Senate, all of whom are Republicans.


Of Note: According to a Brady Campaign to Prevent Gun Violence report, 135 law enforcement officers were killed in the line-of-duty across the country, many in ambush style attacks in 2016. That's a 56 percent increase from the year before, and so far in 2017 there have been 15 officers shot and killed.

Media:

Summary by Eric Revell
(Photo Credit: By Metropolitan Transportation Authority of the State of New York - Officer Thomas Choi Funeral Processio, CC BY 2.0, https://commons.wikimedia.org/w/index.php?curid=39510974)