Law-Enforcement Officers' Protection Act of 2005

(1) by striking Whoever and inserting (a) In General.— Whoever;

(2) in new subsection (a), by inserting federally funded public safety officer or any after Whoever kills or attempts to kill any; and

(3) by inserting at the end the following:

As used in this section:

The term federally funded public safety officer means a public safety officer for a public agency (including a court system) that receives Federal financial assistance.

The term judicial officer means a judge or other officer or employee of a court, including prosecutors and corrections, probation, and parole officers.

The term public agency has the meaning given such term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968.

The term public safety officer has the meaning given such term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 and also includes a judicial officer.

Section 111 of title 18, United States Code, is amended to read as follows:

Whoever assaults or interferes with a person designated in section 1114, while such person is engaged in, or on account of, official duties, or assaults a person who formerly served as a person designated in section 1114 on account of the performance of official duties, shall be fined under this title and—

(1) if the conduct constituting the offense is an interference or a simple assault, be imprisoned not more than one year, or both;

(2) if the assault resulted in bodily injury (as defined in section 1365), be imprisoned not less than 5 nor more than 20 years;

(3) if a dangerous weapon was used or possessed during and in relation to the offense, be imprisoned not less than 15 nor more than 40 years;

(4) if the assault resulted in serious bodily injury (as defined for purposes of section 2119(2)), be imprisoned not less than 15 nor more than 40 years; and

(5) in any other case, be imprisoned not less than 2 nor more than 10 years.

The item relating to section 111 in the table of sections at the beginning of chapter 7 of title 18, United States Code, is amended to read as follows:

Section 115(b) of title 18, United States Code, is amended to read as follows:

(1) The punishment for an assault in violation of this section is a fine under this title and—

(A) if the assault consists of a simple assault, a term of imprisonment for not more than one year, or both;

(B) if the assault resulted in bodily injury (as used in section 1365), a term of imprisonment for not less than 5 nor more than 20 years;

(C) if a dangerous weapon was used or possessed during and in relation to the offense, a term of imprisonment not less than 15 nor more than 40 years;

(D) if the assault resulted in serious bodily injury (as defined for purposes of section 2119(2)), a term of imprisonment not less than 15 nor more than 40 years; and

(E) in any other case, not less than 2 nor more than 10 years.

(2) The punishment for a kidnaping, attempted kidnaping, or conspiracy to kidnap in violation of this section is a fine under this title and imprisonment for any term of years not less than 30, or for life.

(3) The punishment for a murder, attempted murder, or conspiracy to murder in violation of this section is a fine under this title and imprisonment for any term of years not less than 30, or for life, or the death penalty.

(4) A threat made in violation of this section shall be punished by a fine under this title and imprisonment for a term of not less than 5 years nor more than 20 years.

(5) Each punishment for criminal conduct under this section shall be in addition to any other punishment, whether imposed for a conviction under this section or otherwise, for other criminal conduct during the same criminal episode.

The heading for section 115 of title 18, United States Code, is amended to read as follows:

The item relating to section 115 in the table of sections at the beginning of chapter 7 of title 18, United States Code, is amended to read as follows:

Section 1111(b) of title 18, United States Code, is amended by inserting not less than 30 after any term of years.

Section 1112(b) of title 18, United States Code, is amended—

(1) by striking or imprisoned and all that follows through both and inserting and imprisoned for a term of years not less than 15 years nor more than 40 years; and

(2) by striking or imprisoned and all that follows through both and inserting and imprisoned for a term of years not more less than 3 years nor more than 15 years.

Section 1113 of title 18, United States Code, is amended by striking shall, for an attempt to commit murder and all that follows through the period at the end of the section and inserting shall be punished as is provided for a completed offense..

Section 1117 of title 18, United States Code, is amended by striking by imprisonment for any term of years or for life and inserting as is provided for the violation which is the object of the conspiracy.

This section may be cited as the Dr. John B. Jamison Act.

Section 2254 of title 28, United States Code, is amended by adding at the end the following:

(1) A court, justice, or judge shall not have jurisdiction to consider any claim relating to the judgment or sentence in an application described under paragraph (2), unless the applicant shows that the claim qualifies for consideration on the grounds described in subsection (e)(2). Any such application that is presented to a court, justice, or judge other than a district court shall be transferred to the appropriate district court for consideration or dismissal in conformity with this subsection, except that a court of appeals panel must authorize any second or successive application in conformity with section 2244 before any consideration by the district court. Relief shall not be granted with respect to any claim in an application described in paragraph (2) unless the denial of relief is contrary to, or would entail an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.

(2) This subsection applies to 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 while the public safety officer was engaged in the performance of official duties, or on account of the public safety officer’s performance of official duties or status as a public safety officer.

(3) For an application described in paragraph (2), the following requirements shall apply in the district court:

(A) Any motion by either party for an evidentiary hearing shall be filed and served not later than 90 days after the State files its answer or, if no timely answer is filed, the date on which such answer is due.

(B) Any motion for an evidentiary hearing shall be granted or denied not later than 30 days after the date on which the party opposing such motion files a pleading in opposition to such motion or, if no timely pleading in opposition is filed, the date on which such pleading in opposition is due.

(C) Any evidentiary hearing shall be—

(i) convened not less than 60 days after the order granting such hearing; and

(ii) completed not more than 150 days after the order granting such hearing.

(D) A district court shall enter a final order, granting or denying the application for a writ of habeas corpus, not later than 15 months after the date on which the State files its answer or, if no timely answer is filed, the date on which such answer is due, or not later than 60 days after the case is submitted for decision, whichever is earlier.

(E) If the district court fails to comply with the requirements of this paragraph, the State may petition the court of appeals for a writ of mandamus to enforce the requirements. The court of appeals shall grant or deny the petition for a writ of mandamus not later than 30 days after such petition is filed with the court.

(4) For an application described in paragraph (2), the following requirements shall apply in the court of appeals:

(A) A timely filed notice of appeal from an order issuing a writ of habeas corpus shall operate as a stay of that order pending final disposition of the appeal.

(B) The court of appeals shall decide the appeal from an order granting or denying a writ of habeas corpus—

(i) not later than 120 days after the date on which the brief of the appellee is filed or, if no timely brief is filed, the date on which such brief is due; or

(ii) if a cross-appeal is filed, not later than 120 days after the date on which the appellant files a brief in response to the issues presented by the cross-appeal or, if no timely brief is filed, the date on which such brief is due.

(i) Following a decision by a panel of the court of appeals under subparagraph (B), a petition for panel rehearing is not allowed, but rehearing by the court of appeals en banc may be requested. The court of appeals shall decide whether to grant a petition for rehearing en banc not later than 30 days after the date on which the petition is filed, unless a response is required, in which case the court shall decide whether to grant the petition not later than 30 days after the date on which the response is filed or, if no timely response is filed, the date on which the response is due.

(ii) If rehearing en banc is granted, the court of appeals shall make a final determination of the appeal not later than 120 days after the date on which the order granting rehearing en banc is entered.

(D) If the court of appeals fails to comply with the requirements of this paragraph, the State may petition the Supreme Court or a justice thereof for a writ of mandamus to enforce the requirements.

(A) The time limitations under paragraphs (3) and (4) shall apply to an initial application described in paragraph (2), any second or successive application described in paragraph (2), and any redetermination of an application described in paragraph (2) or related appeal following a remand by the court of appeals or the Supreme Court for further proceedings.

(B) In proceedings following remand in the district court, time limits running from the time the State files its answer under paragraph (3) shall run from the date the remand is ordered if further briefing is not required in the district court. If there is further briefing following remand in the district court, such time limits shall run from the date on which a responsive brief is filed or, if no timely responsive brief is filed, the date on which such brief is due.

(C) In proceedings following remand in the court of appeals, the time limit specified in paragraph (4)(B) shall run from the date the remand is ordered if further briefing is not required in the court of appeals. If there is further briefing in the court of appeals, the time limit specified in paragraph (4)(B) shall run from the date on which a responsive brief is filed or, if no timely responsive brief is filed, from the date on which such brief is due.

(6) The failure of a court to meet or comply with a time limitation under this subsection shall not be a ground for granting relief from a judgment of conviction or sentence, nor shall the time limitations under this subsection be construed to entitle a capital applicant to a stay of execution, to which the applicant would otherwise not be entitled, for the purpose of litigating any application or appeal.

(7) In this subsection the term public safety officer has the meaning given such term in section 1114 of title 18.

Section 3771(b) of title 18, United States Code, is amended—

(1) by striking In any court proceeding and inserting the following:

In any court proceeding; and

(2) by adding at the end the following:

In a Federal habeas corpus proceeding arising out of a State conviction, the court shall ensure that a crime victim is afforded the rights described in paragraphs (3), (4), (7), and (8) of subsection (a).

These rights may be enforced by the crime victim or the crime victim's lawful representative in the manner described in paragraphs (1) and (3) of subsection (d).

In a case involving multiple victims, subsection (d)(2) shall also apply.

This paragraph relates to the duties of a court in relation to the rights of a crime victim in Federal habeas corpus proceedings arising out of a State conviction, and does not give rise to any obligation or requirement applicable to personnel of any agency of the Executive Branch of the Federal Government.

For purposes of this paragraph, the term crime victim means the person against whom the State offense is committed or, if that person is killed or incapacitated, that person's family member or other lawful representative.

The amendments made by this section shall apply to cases pending on or after the date of enactment of this Act.

In a case pending on the date of enactment of this Act, if the amendments made by this section provide that a time limit runs from an event or time that has occurred prior to such date of enactment, the time limit shall run instead from such date of enactment.

Section 1979 of the Revised Statutes (42 U.S.C. 1983) is amended by—

(1) striking except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. and inserting the following: “except that—

(1) in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable; and

(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 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

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

Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended by striking except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity such officer shall not be held liable for any costs, including attorneys fees, unless such action was clearly in excess of such officer's jurisdiction. and inserting the following: “except that—

(1) in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, such officer shall not be held liable for any costs, including attorneys fees, unless such action was clearly in excess of such officer's jurisdiction; and

(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 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.

(1) in subsection (c)—

(A) in paragraph (3)(A), by striking was regularly employed as a law enforcement officer for an aggregate of 15 years or more and inserting served as a law enforcement officer for an aggregate of 10 years or more; and

(B) by striking paragraphs (4) and (5), and designating paragraphs (6) and (7) as paragraphs (4) and (5), respectively; and

(2) in subsection (d)—

(A) in paragraph (1), by striking or after the semicolon;

(B) in paragraph (2)(B), by striking the period and inserting; or; and

(C) by adding at the end the following:

(3) in those States or for those law-enforcement agencies that do not issue the identification or certification required by paragraph (1) or (2)—

(A) an identification issued by the agency from which the individual retired from service as a law enforcement officer;

(B) a photographic identification issued by an agency of the State in which the individual resides, such as a driver's license or a State identification card; and

(C) a document issued by the State in which the individual resides that either certifies that the individual is authorized by the laws of that State to carry a concealed firearm, or, in those States that do not provide mandatory and objective standards for the issuance of such a license, certifies that the individual has received training in the safe handling of firearms or has completed a firearms safety or training course for security guards or investigators.

(1) by striking subsection (a) and inserting the following:

(1) Whoever—

(A) corruptly, or by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede a juror or officer in a judicial proceeding in the discharge of that juror or officer’s duty;

(B) injures a juror or an officer in a judicial proceeding on account of the performance of official duties as such juror or officer; or

(C) corruptly, or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice;

(a) or attempts or conspires to do so, shall be punished as provided in subsection (b).

(2) As used in this section, the term juror or officer in a judicial proceeding means a grand or petit juror, or other officer in or of any court of the United States, or an officer who may be serving at any examination or other proceeding before any United States magistrate judge or other committing magistrate.;

(2) by striking subsection (b) and inserting the following:

(b) The punishment for an offense under this section is—

(1) in the case of a killing, the punishment provided in sections 1111 and 1112:

(2) in a case in which the offense was committed against a petit juror for a matter in which a felony was charged, imprisonment for any term of years not less than 20 years, or for life, and a fine under this title; and

(3) in any other case, a fine under this title and imprisonment for not less than 10 years nor more than 30 years.

(c) An attempt or a conspiracy to commit an offense punishable under this section shall be punished as is provided for the completed offense or the violation which is the object of the conspiracy.

Section 1512 of title 18, United States Code, is amended—

(1) in subsection (a)(3)—

(A) by striking subparagraph (B); and

(B) in subparagraph (C), by striking not more than 10 years and inserting not less than 5 years nor more than 20 years;

(2) in subsection (b), by striking or imprisoned not more than ten years, or both and inserting not less than 5 years nor more than 20 years;

(3) in subsection (c), by striking or imprisoned not more than twenty years, or both and inserting and imprisoned not less than 5 years nor more than 20 years; and

(4) in subsection (d), by striking or imprisoned not more than one year, or both and inserting and imprisoned not less than 5 years nor more than 20 years.

Section 1512(k) of title 18, United States Code, is amended—

(1) by inserting attempts or before conspires; and

(2) by inserting attempted or before the commission.

(1) in subsection (a)(1)(B)—

(A) by inserting a comma after probation; and

(B) by striking the comma which immediately follows another comma;

(2) in subsection (a)(2), by striking subparagraph (B);

(3) in subsection (b), by striking or imprisoned not more than ten years, or both and inserting and imprisoned not less than 10 years nor more than 30 years;

(4) in the first subsection (e), by striking or imprisoned not more than 10 years, or both and inserting and imprisoned not less than 10 years nor more than 30 years;

(5) by redesignating the second subsection (e) as subsection (f); and

(6) in subsection (f) as so redesignated by paragraph (5)—

(A) by inserting attempts or before conspires; and

(B) by inserting attempted or before the commission.

Chapter 73 of title 18, United States Code, is amended by adding at the end the following:

Whoever files or attempts to file, in any public record or in any private record which is generally available to the public, any false lien or encumbrance against the real or personal property of a person designated in section 1114 shall be fined under this title or imprisoned for not more than 10 years, or both.

The table of sections at the beginning of chapter 73 of title 18, United States Code, is amended by adding at the end the following new item:

Chapter 7 of title 18, United States Code, is amended by adding at the end the following:

(a) Whoever knowingly, and with the intent that it be used to threaten or intimidate a covered official or to kidnap, injure, or threaten a covered official or an immediate family member of a covered official as defined in section 115(c)(2) of this title, makes restricted personal information about a covered official publicly available shall be fined under this title and imprisoned for 5 years.

(b) It is a defense to a prosecution under this section that the covered official gave permission to make the restricted personal information publicly available.

(c) As used in this section—

(1) the term restricted personal information means, with respect to an individual, the Social Security number, the home address, home phone number, mobile phone number, personal email, or home fax number of, and identifiable to, that individual; and

(2) the term covered official means—

(A) an individual designated in section 1114; or

(B) a grand or petit juror, witness, or other officer in or of, any court of the United States, or an officer who may be serving at any examination or other proceeding before any United States magistrate judge or other committing magistrate.

The table of sections at the beginning of chapter 7 of title 18, United States Code, is amended by adding at the end the following new item: