KBZK Bozeman News: Daines introduces new legislation to increase penalties for acts against law enforcement

After the tragic killing of Broadwater County Sheriff’s Deputy Mason Moore, U.S. Senator Steve Daines stated in a press release on Tuesday that he introduced the Back the Blue Act of 2017, which would increase penalties for criminals who intentionally target law enforcement officers, and provide new tools for officers to protect themselves.

“Deputy Mason Moore is a brave hero who laid down his life to protect Montanans. We must send a clear message: criminals who look to hurt law enforcement will face the harshest penalties,” Daines stated. “Crimes committed against our law enforcement will not be tolerated. Montanans can certainly unite around our support for the men and women who go to work every day to keep our communities safe.”

Background on the Back the Blue Act as provided by Daines:

Strengthens Laws to Protect Police Officers

Makes killing, attempting to kill, or conspiring to kill a federal judge, federal law enforcement officer, or federally funded public safety officer a federal crime. 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.

Creates 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.

Creates 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. 

Creates a Specific Aggravating Factor for Federal Death Penalty Prosecutions

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

Limits Federal Habeas Relief for Murders of Law Enforcement Officers

Imposes 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.

Limits Recovery of Certain Damages and Fees for Individuals Engaged in Felonies

Limits 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. 

Expands Self-Defense and Second Amendment Rights for Law Enforcement Officers

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

Opens Up Funding to Strengthen Relationships Between Police and Communities

Expands opportunities to use grant funding to promote trust and improve relations between law enforcement and the communities they serve. 

The legislation is also sponsored by U.S. John Cornyn (R-TX), Ted Cruz (R-TX), Thom Tillis (R-NC), Roy Blunt (R-MO), John Boozman (R-AR), Shelley Moore Capito (R-WV), Deb Fischer (R-NE), Dean Heller (R-NV), David Perdue (R-GA), Rob Portman (R-OH), Marco Rubio (R-FL), Dan Sullivan (R-AK) and Luther Strange (R-AL).