text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Daniel Faulkner Law Enforcement 
  Officers and Judges Protection Act of 2007''.
  
  SEC. 2. SPECIAL PENALTIES FOR MURDER OR KIDNAPPING OF A FEDERAL LAW 
                ENFORCEMENT OFFICER OR FEDERAL JUDGE.
  
      (a) Murder.--Section 1114 of title 18, United States Code, is 
  amended--
              (1) by inserting ``(a)'' before ``Whoever''; and
              (2) by adding at the end the following:
      ``(b) If the victim of an offense punishable under this section or 
  section 1117 is a Federal law enforcement officer or a United States 
  judge (as those terms are defined in section 115), the offender shall 
  be punished by a fine under this title and--
              ``(1) in the case of murder in the first degree, or an 
          attempt or conspiracy to commit murder in the first degree, 
          death or imprisonment for life;
              ``(2) in the case of murder in the second degree, or an 
          attempt or conspiracy to commit murder in the second degree, 
          imprisonment for any term of years not less than 25 or for 
          life; and
              ``(3) in the case of voluntary manslaughter, imprisonment 
          for any term of years not less than 10 or for life.''.
      (b) Kidnapping.--Section 1201(a) of title 18, United States Code, 
  is amended--
              (1) by redesignating subsections (f), (g), and (h) as 
          subsections (g), (h), and (i), respectively; and
              (2) by inserting after subsection (e) the following:
      ``(f) If the victim of an offense punishable under subsection (a), 
  (c), or (d) is a Federal law enforcement officer or a United States 
  judge (as those terms are defined in section 115), the offender shall 
  be punished by a fine under this title and imprisonment for any term of 
  years not less than 20 or for life, or, if death results, may be 
  sentenced to death.''.
  
  SEC. 3. SPECIAL PENALTIES FOR ASSAULTING A FEDERAL LAW ENFORCEMENT 
                OFFICER OR FEDERAL JUDGE.
  
      (a) In General.--Section 111 of title 18, United States Code, is 
  amended to read as follows:
  ``Sec. 111. Assaulting or interfering with certain officers or 
                employees
      ``(a) Officers and Employees.--
              ``(1) In general.--It shall be unlawful to--
                      ``(A) assault or interfere with an officer or 
                  employee described in section 1114, while such officer 
                  or employee is engaged in, or on account of the 
                  performance of, official duties;
                      ``(B) assault or interfere with an individual who 
                  formerly served as an officer or employee described in 
                  section 1114 on account of the performance of official 
                  duties; or
                      ``(C) assault or interfere with an individual on 
                  account of that individual's current or former status 
                  as an officer or employee described in section 1114.
              ``(2) Penalty.--Any person who violates paragraph (1), 
          shall be--
                      ``(A) fined under this title;
                      ``(B)(i) in the case of an interference or a simple 
                  assault, imprisoned for not more than 1 year;
                      ``(ii) in the case of an assault involving actual 
                  physical contact or the intent to commit any other 
                  felony, imprisoned for not more than 10 years;
                      ``(iii) in the case of an assault resulting in 
                  bodily injury, imprisoned for not more than 20 years; 
                  or
                      ``(iv) in the case of an assault resulting in 
                  substantial bodily injury (as that term is defined in 
                  section 113), or if a dangerous weapon was used or 
                  possessed during and in relation to the offense 
                  (including a weapon intended to cause death or danger 
                  but that fails to do so by reason of a defective 
                  component), imprisoned for not more than 30 years; or
                      ``(C) fined under subparagraph (A) and imprisoned 
                  under subparagraph (B).
      ``(b) Law Enforcement Officers and Judges.--
              ``(1) In general.--If the victim of an assault punishable 
          under this section is a Federal law enforcement officer or a 
          United States judge (as those terms are defined in section 
          115)--
                      ``(A) and if the assault resulted in substantial 
                  bodily injury (as that term is defined in section 113), 
                  the offender shall be punished by a fine under this 
                  title and imprisonment for not less 5 years nor more 
                  than 30 years; and
                      ``(B) and if the assault resulted in serious bodily 
                  injury (as that term is defined in section 2119(2)), or 
                  a dangerous weapon was used or possessed during and in 
                  relation to the offense, the offender shall be punished 
                  by a fine under this title and imprisonment for any 
                  term of years not less than 10 or for life.
              ``(2) Imposition of punishment.--Each punishment for 
          criminal conduct described in this subsection shall be in 
          addition to any other punishment for other criminal conduct 
          during the same criminal episode.''.
      (b) Technical and Conforming Amendment.--The table of sections at 
  the beginning of chapter 7 of title 18, United States Code, is amended 
  by striking the item relating to section 111 and inserting the 
  following:
  
  ``111. Assaulting or interfering with certain officers or employees.''.
  
  SEC. 4. SPECIAL PENALTIES FOR RETALIATING AGAINST A FEDERAL LAW 
                ENFORCEMENT OFFICER OR FEDERAL JUDGE BY MURDERING OR 
                ASSAULTING A FAMILY MEMBER.
  
      (a) In General.--Section 115 of title 18, United States Code, is 
  amended--
              (1) by redesignating subsections (c) and (d) as subsections 
          (d) and (e), respectively; and
              (2) by inserting after subsection (b) the following:
      ``(c)(1) If an offense punishable under this section is committed 
  with the intent to impede, intimidate, or interfere with a Federal law 
  enforcement officer or a United States judge while that officer or 
  judge is engaged in the performance of official duties, with the intent 
  to retaliate against that officer or judge or a person who formerly 
  served as such an officer or judge on account of the performance of 
  official duties, or with the intent to retaliate against an individual 
  on account of that individual's current or former status as such an 
  officer or judge, the offender shall be punished--
              ``(A) in the case of murder, attempted murder, conspiracy 
          to murder, or manslaughter, as provided in section 1114(b);
              ``(B) in the case of kidnapping, attempted kidnapping, or 
          conspiracy to kidnap, as provided in section 1201(f);
              ``(C) in the case of an assault resulting in bodily injury 
          or involving the use or possession of a dangerous weapon during 
          and in relation to the offense, as provided for a comparable 
          offense against a Federal law enforcement officer or United 
          States judge under section 111; and
              ``(D) in the case of any other assault or threat, by a fine 
          under this title and imprisonment for not more than 10 years.
      ``(2) Each punishment for criminal conduct described in this 
  subsection shall be in addition to any other punishment for other 
  criminal conduct during the same criminal episode.''.
      (b) Technical and Conforming Amendment.--Section 2237(e)(1) of 
  title 18, United States Code, is amended by striking ``in section 
  115(c)'' and inserting ``in section 115''.
  
  SEC. 5. AUTHORIZATION FOR FEDERAL JUDGES AND FEDERAL PROSECUTORS TO 
                CARRY FIREARMS.
  
      (a) Authority.--
              (1) In general.--Chapter 203 of title 18, United States 
          Code, is amended by inserting after section 3053 the following:
  ``Sec. 3054. Authority of Federal judges and prosecutors to carry 
                firearms
      ``(a) In General.--Any justice of the United States or judge of the 
  United States (as those terms are defined in section 451 of title 28), 
  any judge of a court created under article I of the United States 
  Constitution, any bankruptcy judge, any magistrate judge, any United 
  States attorney, and any other officer or employee of the Department of 
  Justice whose duties include representing the United States in a court 
  of law, may carry a firearm.
      ``(b) Regulations.--Not later than 180 days after the date of 
  enactment of the Daniel Faulkner Law Enforcement Officers and Judges 
  Protection Act of 2007, the Attorney General shall promulgate 
  regulations to carry out this section. Such regulations may provide for 
  training and regular certification in the use of firearms and shall, 
  with respect to justices, judges, bankruptcy judges, and magistrate 
  judges, be promulgated after consultation with the Judicial Conference 
  of the United States.''.
              (2) Effective date.--Section 3054(a) of title 18, United 
          States Code, as added by paragraph (1), shall take effect 90 
          days after the date on which the Attorney General promulgates 
          regulations under section 3054(b) of title 18, United States 
          Code, as added by paragraph (1).
              (3) Technical and conforming amendment.--The table of 
          sections at the beginning of chapter 203 of title 18, United 
          States Code, is amended by inserting after item relating to 
          section 3053 the following:
  
  ``3054. Authority of Federal judges and prosecutors to carry 
                              firearms.''.
      (b) Amendments to Law Enforcement Officer Safety Provisions of 
  Title 18.--
              (1) In general.--Section 926B of title 18, United States 
          Code, is amended by adding at the end the following:
      ``(f) For purposes of this section, a law enforcement officer of 
  the Amtrak Police Department or a law enforcement or police officer of 
  any department or agency of the Federal Government qualifies as an 
  employee of a governmental agency who is authorized by law to engage in 
  or supervise the prevention, detection, investigation, or prosecution 
  of, or the incarceration of any person for, any violation of law, and 
  has statutory powers of arrest.''.
              (2) Retired law enforcement officers.--Section 926C of 
          title 18, United States Code, is amended--
                      (A) in subsection (c)--
                              (i) in paragraph (3)(A), by striking ``was 
                          regularly employed as a law enforcement officer 
                          for an aggregate of 15 years or more'' and 
                          inserting ``served as a law enforcement officer 
                          for an aggregate of 10 years or more'';
                              (ii) by striking paragraphs (4) and (5) and 
                          inserting the following:
              ``(4) during the most recent 12-month period, has met, at 
          the expense of the individual, the standards for qualification 
          in firearms training for active law enforcement officers as set 
          by the former agency of that officer, the State in which that 
          officer resides, or a law enforcement agency within the State 
          in which that officer resides;''; and
                              (iii) by redesignating paragraphs (6) and 
                          (7) as paragraphs (5) and (6), respectively;
                      (B) in subsection (d)--
                              (i) in paragraph (1), by striking ``to meet 
                          the standards established by the agency for 
                          training and qualification for active law 
                          enforcement officers to carry a firearm of the 
                          same type as the concealed firearm'' and 
                          inserting ``to meet the active duty standards 
                          for qualification in firearms training as 
                          established by the agency to carry a firearm of 
                          the same type as the concealed firearm''; and
                              (ii) in paragraph (2)(B), by striking 
                          ``otherwise found by the State'' and all that 
                          follows and inserting ``otherwise found by the 
                          State or a certified firearms instructor that 
                          is qualified to conduct a firearms 
                          qualification test for active duty officers 
                          within that State to have met--
                      ``(i) the active duty standards for qualification 
                  in firearms training as established by the State to 
                  carry a firearm of the same type as the concealed 
                  firearm; or
                      ``(ii) if the State has not established the 
                  standards described in clause (i), standards set by any 
                  law enforcement agency within that State to carry a 
                  firearm of the same type as the concealed firearm.''; 
                  and
                      (C) by adding at the end the following:
      ``(f) In this section, the term `service with a public agency as a 
  law enforcement officer' includes service as a law enforcement officer 
  of the Amtrak Police Department or as a law enforcement or police 
  officer of any department or agency of the Federal Government.''.
  
  SEC. 6. LIMITATION ON DAMAGES INCURRED DURING COMMISSION OF A FELONY OR 
                CRIME OF VIOLENCE.
  
      (a) In General.--Section 1979 of the Revised States (42 U.S.C. 
  1983) is amended by--
              (1) striking ``except that in any action'' and all that 
          follows through ``relief was unavailable.'' and inserting the 
          following: ``except that--
              ``(1) in any action brought against a judicial officer for 
          an act or omission taken in the judicial capacity of that 
          officer, injunctive relief shall not be granted unless a 
          declaratory decree was violated or declaratory relief was 
          unavailable; and
              ``(2) in any action seeking redress for a deprivation that 
          was incurred in the course of, or as a result of, or is related 
          to, conduct by the injured party that, more likely than not, 
          constituted a felony or a crime of violence (as that term is 
          defined in section 16 of title 18, United States Code) 
          (including any deprivation in the course of arrest or 
          apprehension for, or the investigation, prosecution, or 
          adjudication of, such an offense), a court shall not have 
          jurisdiction to consider a claim for damages other than for 
          necessary out-of-pocket expenditures and other monetary 
          loss.''; and
              (2) indenting the last sentence as an undesignated 
          paragraph.
      (b) Attorney's Fees.--Section 722(b) of the Revised Statutes (42 
  U.S.C. 1988(b)) is amended by striking ``except that in any action'' 
  and all that follows and inserting the following: ``except that--
              ``(1) in any action brought against a judicial officer for 
          an act or omission taken in the judicial capacity of that 
          officer, such officer shall not be held liable for any costs, 
          including attorneys fees, unless such action was clearly in 
          excess of the jurisdiction of that officer; and
              ``(2) in any action seeking redress for a deprivation that 
          was incurred in the course of, or as a result of, or is related 
          to, conduct by the injured party that, more likely than not, 
          constituted a felony or a crime of violence (as that term is 
          defined in section 16 of title 18, United States Code) 
          (including any deprivation in the course of arrest or 
          apprehension for, or the investigation, prosecution, or 
          adjudication of, such an offense), the court may not allow such 
          party to recover attorney's fees.''.
  
  SEC. 7. FEDERAL REVIEW OF STATE CONVICTION FOR MURDER OF A LAW 
                ENFORCEMENT OFFICER OR JUDGE.
  
      (a) In General.--Section 2254 of title 28, United States Code, is 
  amended by adding at the end the following:
      ``(j)(1) For an application for a writ of habeas corpus on behalf 
  of a person in custody pursuant to the judgment of a State court for a 
  crime that involved the killing of a public safety officer (as that 
  term is defined in section 1204 of the Omnibus Crime Control and Safe 
  Streets Act of 1968 (42 U.S.C. 3796b)) or judge, while the public 
  safety officer or judge was engaged in the performance of official 
  duties, or on account of the public safety officer's or judge's 
  performance of official duties or status as a public safety officer or 
  judge--
              ``(A) the application shall be subject to the time 
          limitations and other requirements under sections 2263, 2264, 
          and 2266; and
              ``(B) the court shall not consider claims relating to 
          sentencing that were adjudicated in a State court.
      ``(2) Sections 2251, 2262, and 2101 are the exclusive sources of 
  authority for Federal courts to stay a sentence of death entered by a 
  State court in a case described in paragraph (1).''.
      (b) Rules.--Rule 11 of the Rules Governing Section 2254 Cases in 
  the United States District Courts is amended by adding at the end the 
  following: ``Rule 60(b)(6) of the Federal Rules of Civil Procedure 
  shall not apply to a proceeding under these rules in a case that is 
  described in section 2254(j) of title 28, United States Code.''.
      (c) Finality of Determination.--Section 2244(b)(3)(E) of title 28, 
  United States Code, is amended by striking ``the subject of a 
  petition'' and all that follows and inserting: ``reheard in the court 
  of appeals or reviewed by writ of certiorari.''.
      (d) Effective Date and Applicability.--
              (1) In general.--This section and the amendments made by 
          this section shall apply to any case pending on or after the 
          date of enactment of this Act.
              (2) Time limits.--In a case pending on the date of 
          enactment of this Act, if the amendments made by this section 
          impose a time limit for taking certain action, the period of 
          which began before the date of enactment of this Act, the 
          period of such time limit shall begin on the date of enactment 
          of this Act.
              (3) Exception.--The amendments made by this section shall 
          not bar consideration under section 2266(b)(3)(B) of title 28, 
          United States Code, of an amendment to an application for a 
          writ of habeas corpus that is pending on the date of enactment 
          of this Act, if the amendment to the petition was adjudicated 
          by the court prior to the date of enactment of this Act.
target: Daniel Faulkner Law Enforcement Officers and Judges Protection Act of 2007 - Amends the federal criminal code to: (1) impose mandatory minimum prison terms for homicide, manslaughter, and kidnapping of federal judges and law enforcement officers; (2) expand the penalties for assaulting or interfering with federal officers and employees and for assaults against federal law enforcement officers and judges; (3) impose mandatory minimum prison terms for retaliating against a federal judge or law enforcement officer on account of the performance of official duties by murdering, kidnapping, assaulting, or threatening a family member of such judge or officer; and (4) authorize federal judges, U.S. attorneys, and Justice Department employees to carry firearms.
  
  Places limits on the award of civil damages and attorney's fees against judicial officers for injuries incurred by an individual during the commission of a felony or crime of violence.
  
  Amends the federal judicial code to place limits on habeas corpus petitions for review of a state court conviction for murder of a public safety officer or judge engaged in the performance of official duties.
feat_title: A bill to impose appropriate penalties for the assault or murder of a Federal law enforcement officer or Federal judge, for the retaliatory assault or murder of a family member of a Federal law enforcement officer or Federal judge, and for other purposes.