Bills
| 3.23.22

Should the Murderers of Federal Judges or Public Safety Officers Get the Death Penalty? (S. 3184)

Do you support or oppose this bill?

What is S. 3184?

(Updated May 22, 2020)

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. 3184

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:

“Law enforcement officers selflessly put their lives on the line everyday to protect our communities, and in return they deserve our unparalleled support for the irreplaceable role they serve. The Back the Blue Act sends a clear message that our criminal justice system simply will not tolerate those who viciously and deliberately target our law enforcement.”

Cornyn’s colleague from Texas, Sen. Ted Cruz (R) added that this legislation would show “solidarity with our police officers, firefighters, first responders, and federal officers who selflessly run into harm’s way to protect our families and our communities.”

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


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)