‘Back the Blue Act’ would strengthen protections for law enforcement and judges

WASHINGTON – To send a message that violence against law enforcement officers and judges would not be tolerated, U.S. Sens. Tommy Tuberville and Katie Britt have cosponsored the “Back the Blue Act.”

The bill would increase penalties for criminals who target law enforcement officers and provide new tools for officers to protect themselves.

“Our law enforcement officers put their lives on the line every day when they go into the field to protect us,” said Tuberville (R-Auburn). “We have to send a message loud and clear: violence against law enforcement will not be tolerated. After years of soft-on-crime policies that have weakened our justice system, it is important that we take a hard stance against any and every targeted attack toward our police officers.

“I will always back the blue and work to make sure these men and women are fully equipped with everything they need to keep us safe.”

The legislation is endorsed by the Fraternal Order of Police, National Association of Police Organizations, Federal Law Enforcement Officers Association, Major County Sheriffs of America, National Narcotic Officers’ Associations’ Coalition, Association of State Criminal Investigative Agencies, and the Sergeants Benevolent Association NYPD.

Specifically, the “Back the Blue Act” would:

Strengthen laws to protect police officers and federal judges

• Create a new federal crime for killing, attempting to kill, or conspiring to kill a federal judge, federal law enforcement officer, or federally funded public safety officer. The offender would be subject to the death penalty and a mandatory minimum sentence of 30 years if death results; the offender would otherwise face a minimum sentence of 10 years.
• Create a new federal crime for assaulting a federally funded law enforcement officer with escalating penalties, including mandatory minimums, based on the extent of any injury and the use of a dangerous weapon. However, no prosecution can be commenced absent certification by the Attorney General that prosecution is appropriate.
• Create a new federal crime for interstate flight from justice to avoid prosecution for killing, attempting to kill, or conspiring to kill a federal judge, federal law enforcement officer, or federally funded public safety officer. The offender would be subject to a mandatory minimum sentence of 10 years for this offense.

Create a specific aggravating factor for federal death penalty prosecutions

• Clarify that the murder or attempted murder of a law enforcement officer or first responder is a statutory aggravating factor for purposes of the federal death penalty.

Limit federal habeas relief for murders of law enforcement officers

• Impose time limits and substantive limits on federal courts’ review of challenges to state-court convictions for crimes involving the murder of a public safety officer, when the public safety officer was engaged in the performance of official duties or on account of the performance of official duties. These changes are consistent with the fast-track procedures created in 1996, which are applied to federal death penalty cases.

Limit recovery of certain damages and fees for individuals engaged in felonies

• Limit the type of civil damages and attorney’s fees recoverable by a criminal as a result of purported injuries incurred during the commission of a felony or crime of violence.

Expand self-defense and Second Amendment rights for law enforcement officers

• Allow law enforcement officers, subject to limited regulation, to carry firearms into federal facilities and other jurisdictions where such possession is otherwise prohibited.