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Calendar No. 203
105th CONGRESS
1st Session
S. 1189
_______________________________________________________________________
A BILL
To increase the criminal penalties for assaulting or threatening
Federal judges, their family members, and other public servants, and
for other purposes.
_______________________________________________________________________
October 9, 1997
Reported without amendment
Calendar No. 203
105th CONGRESS
1st Session
S. 1189
To increase the criminal penalties for assaulting or threatening
Federal judges, their family members, and other public servants, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 17, 1997
Mr. Smith of Oregon (for himself, Mr. Hatch, and Mr. Leahy) introduced
the following bill; which was read twice and referred to the Committee
on the Judiciary
October 9, 1997
Reported by Mr. Hatch, without amendment
_______________________________________________________________________
A BILL
To increase the criminal penalties for assaulting or threatening
Federal judges, their family members, and other public servants, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Judiciary Protection Act of
1997''.
SEC. 2. ASSAULTING, RESISTING, OR IMPEDING CERTAIN OFFICERS OR
EMPLOYEES.
Section 111 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``three'' and inserting
``8''; and
(2) in subsection (b), by striking ``ten'' and inserting
``20''.
SEC. 3. INFLUENCING, IMPEDING, OR RETALIATING AGAINST A FEDERAL
OFFICIAL BY THREATENING OR INJURING A FAMILY MEMBER.
Section 115(b)(4) of title 18, United States Code, is amended--
(1) by striking ``five'' and inserting ``10''; and
(2) by striking ``three'' and inserting ``6''.
SEC. 4. MAILING THREATENING COMMUNICATIONS.
Section 876 of title 18, United States Code, is amended--
(1) by designating the first 4 undesignated paragraphs as
subsections (a) through (d), respectively;
(2) in subsection (c), as so designated, by adding at the
end the following: ``If such a communication is addressed to a
United States judge, a Federal law enforcement officer, or an
official who is covered by section 1114, the individual shall
be fined under this title, imprisoned not more than 10 years,
or both.''; and
(3) in subsection (d), as so designated, by adding at the
end the following: ``If such a communication is addressed to a
United States judge, a Federal law enforcement officer, or an
official who is covered by section 1114, the individual shall
be fined under this title, imprisoned not more than 10 years,
or both.''.
SEC. 5. AMENDMENT OF THE SENTENCING GUIDELINES FOR ASSAULTS AND THREATS
AGAINST FEDERAL JUDGES AND CERTAIN OTHER FEDERAL
OFFICIALS AND EMPLOYEES.
(a) In General.--Pursuant to its authority under section 994 of
title 28, United States Code, the United States Sentencing Commission
shall review and amend the Federal sentencing guidelines and the policy
statements of the commission, if appropriate, to provide an appropriate
sentencing enhancement for offenses involving influencing, assaulting,
resisting, impeding, retaliating against, or threatening a Federal
judge, magistrate judge, or any other official described in section 111
or 115 of title 18, United States Code.
(b) Factors for Consideration.--In carrying out this section, the
United States Sentencing Commission shall consider, with respect to
each offense described in subsection (a)--
(1) any expression of congressional intent regarding the
appropriate penalties for the offense;
(2) the range of conduct covered by the offense;
(3) the existing sentences for the offense;
(4) the extent to which sentencing enhancements within the
Federal sentencing guidelines and the court's authority to
impose a sentence in excess of the applicable guideline range
are adequate to ensure punishment at or near the maximum
penalty for the most egregious conduct covered by the offense;
(5) the extent to which Federal sentencing guideline
sentences for the offense have been constrained by statutory
maximum penalties;
(6) the extent to which Federal sentencing guidelines for
the offense adequately achieve the purposes of sentencing as
set forth in section 3553(a)(2) of title 18, United States
Code;
(7) the relationship of Federal sentencing guidelines for
the offense to the Federal sentencing guidelines for other
offenses of comparable seriousness; and
(8) any other factors that the Commission considers to be
appropriate.
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