Senator Marshall Cosponsors Legislation to Enhance Officer Safety

Washington - On Thursday, U.S. Senator Roger Marshall, M.D. (R-Kansas), joined Republican colleagues in introducing the Back the Blue Act, sponsored by Senator John Cornyn (R-Texas) which would increase penalties for criminals who target law enforcement officers and provide new tools for officers to protect themselves.

"Any assault on our law enforcement officers is an assault on the safety and stability of every American community," said Senator Marshall. "The Back the Blue Act makes it unmistakably clear that those who target officers will face serious consequences. We are committed to giving law enforcement the protections they deserve and the tools they need to return home safely."

The legislation is cosponsored by Senators Jim Banks (R-IN), Marsha Blackburn, (R-TN), John Boozman (R-AR), Katie Britt (R-AL), Ted Budd (R-NC), Shelly Moore Capito (R-WV), Kevin Cramer (R-ND), Mike Crapo (R-ID), Ted Cruz (R-TX), Steve Daines (R-MT), Deb Fischer (R-NE), Lindsey Graham (R-SC), Chuck Grassley (R-IA), Bill Hagerty (R-TN), Cindy Hyde-Smith (R-MS), Jim Justice (R-WV), John Kennedy (R-LA), Mike Lee (R-UT), Cynthia Lummis (R-WY), Dave McCormick (R-PA), Markwayne Mullin (R-OK), Pete Ricketts (R-NE), Jim Risch (R-ID), Mike Rounds (R-SD), Rick Scott (R-FL), Tim Sheehy (R-MT), John Barrasso (R-WY), Joni Ernst (R-IA), Todd Young (R-IN), Bill Cassidy (R-LA), James Lankford (R-OK), Thom Tillis (R-NC), Tim Scott (R-SC), and Tommy Tuberville (R-AL).

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.

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