Together with 38 Republican colleagues, U.S. Sen. John Cornyn (R-TX) introduced the Back the Blue Act last week, which would mandate a new federal crime for offenses against federal officers and judges, limit court review of related challenges and expand officer rights.
The act would take four clear actions in what the senators dubbed increased tools for law enforcement and increased penalties for criminals who target them. Perhaps most significant among them would be the introduction and strengthening of laws to protect police, including creation of a new federal crime for the killing, attempted killing or conspiracy to kill a federal judge, law enforcement officer or federally funded public safety officer. This charge would be death penalty eligible, with a mandatory minimum sentence of 30 years when someone has died due to a crime, and a minimum 10-year sentence for other, non-fatal cases.
Under this same provision, a new federal crime would be rolled out for assault on federally funded law enforcement officers, including mandatory minimums based on injury and use of dangerous weapons. The Attorney General would have to certify prosecution under this provision was appropriate. Further, interstate flight to avoid prosecution for the aforementioned charges would also face a newly instituted, mandatory minimum sentence of 10 years.
“Our law enforcement officers put their lives on the line every day to serve families across Texas,” Cornyn. “Violent criminals who target those who protect our communities should face swift and tough penalties, and the Back the Blue Act sends that clear message.”
On top of the new penalties, the bill would also create a specific aggravating factor for federal death penalty prosecutions, labeling murder or attempted murder of law enforcement or first responders a statutory aggravating factor for death penalty considerations. Murderers would also find themselves with significantly less legal relief, as the bill would improve strict time limits on federal courts’ review of challenges to state-court convictions for such crimes, when slain public safety officers were engaged in – or killed because of – performance of official duties.
Finally, with only limited regulation, law enforcement would be relieved of any duty to adhere to firearm restrictions in federal facilities and other jurisdictions where such possession is otherwise prohibited. This, supporters labeled, an expansion of their self-defense and second amendment rights.
The bill was backed by the Fraternal Order of Police (FOP), National Association of Police Organizations (NAPO), Federal Law Enforcement Officers Association (FLEOA) and the Sergeants Benevolent Association NYPD. While it gained a majority of Republican Senate support, it was not backed by any Democrats.