Law Enforcement Officers Protection Act

Summary

Law Enforcement Officers Protection Act - Amends the Federal criminal code to provide for the imposition of the death penalty (or a sentence of life imprisonment without the possibility of parole) for: (1) the first degree murder of a Federal law enforcement officer (including persons involved in the prevention, investigation, prosecution, or adjudication of an offense and corrections, probation, and parole functions); (2) killing a State or local law enforcement officer during the commission of a Controlled Substances Act violation (provides a penalty of up to 20 years' imprisonment for the attempted murder of such officers); and (3) killing a State or local corrections officer while serving a sentence for a Controlled Substances Act offense (provides a penalty of up to 20 years' imprisonment for the attempted murder of such officials). Requires the Government, for such offense, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, disclosing that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to such offense. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Directs the court, or the jury by unanimous vote, to impose the death penalty upon finding that such sentence is justified based on consideration of both aggravating and mitigating factors. Sets forth some mitigating factors to be considered by the jury or the court when imposing its sentence. Includes as aggravating factors to be considered by the jury or the court: (1) the intentional nature of the act which resulted in the victim's death; (2) previous convictions for offenses for which life imprisonment or death is authorized; and (3) the especially heinous, cruel, or depraved nature of the offense. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the sentence. Allows the court to impose a sentence of life imprisonment without the possibility of parole for such offenses when the death penalty is not imposed. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination. States that a sentence of death shall not be carried out upon a pregnant woman. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase from $50,000 to $100,000 the benefits paid to survivors of public safety officers (law enforcement officers and fire fighters) who died as a result of injuries sustained in the line of duty.

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1 official file

• Introduced in Senate

  summary · EN · 31 March 1988

  Open at official source

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