Graham Helps Introduce Back the Blue Act

Strengthens Criminal Penalties for Violent Attacks on Law Enforcement

WASHINGTON - U.S. Senator Lindsey Graham (R-South Carolina) and 35 of his Senate Republican colleagues introduced the Back the Blue Act, which would increase penalties for criminals who target law enforcement officers and provide new tools for officers to protect themselves.

"Over this year, we've seen a dramatic spike in attacks on police officers, ICE agents and other law enforcement officials. It's time for Congress to stand with the very people who put their lives on the line to keep us safe," said Graham . "The Back the Blue Act gives federal prosecutors additional tools to hold criminals accountable and would assist the Trump Administration in their effort to crack down on violent crime in our nation's capital and across the country."

Background on the Back the Blue Act:

Strengthens Laws to Protect Police Officers

• Creates 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.
• 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 factor 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.

This legislation is endorsed by the Fraternal Order of Police (FOP), National Association of Police Organizations (NAPO), Federal Law Enforcement Officers Association (FLEOA), Major County Sheriffs of America (MCSA), National Narcotic Officers' Associations' Coalition (NNOAC), Association of State Criminal Investigative Agencies (ASCIA), and the Sergeants Benevolent Association NYPD.

In addition to Graham, this legislation is cosponsored by Senators Jim Banks (R-Indiana), Marsha Blackburn, (R-Tennessee), John Boozman (R-Arkansas), Katie Britt (R-Alabama), Ted Budd (R-North Carolina), Shelley Moore Capito (R-West Virginia), Kevin Cramer (R-North Dakota), John Cornyn (R-Texas), Mike Crapo (R-Idaho), Ted Cruz (R-Texas), Steve Daines (R-Montana), Deb Fischer (R-Nebraska), Chuck Grassley (R-Iowa), Bill Hagerty (R-Tennessee), Cindy Hyde-Smith (R-Mississippi), Jim Justice (R-West Virginia), John Kennedy (R-Louisiana), Mike Lee (R-Utah), Cynthia Lummis (R-Wyoming), Roger Marshall (R-Kansas), Dave McCormick (R-Pennsylvania), Markwayne Mullin (R-Oklahoma), Pete Ricketts (R-Nebraska), Jim Risch (R-Idaho), Mike Rounds (R-South Dakota), Rick Scott (R-Florida), Tim Sheehy (R-Montana), John Barrasso (R-Wyoming), Joni Ernst (R-Iowa), Todd Young (R-Indiana), Bill Cassidy (R-Louisiana), James Lankford (R-Oklahoma), Thom Tillis (R-North Carolina), Tim Scott (R-South Carolina), and Tommy Tuberville (R-Alabama).

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