Congressman Don Bacon introduced legislation Thursday that would increase criminal penalties for anyone convicted of killing or conspiring to kill public safety officers.

The "Back the Blue Act" would also create mandatory minimums for assaulting a federally funded state or local law enforcement officer, which could include a firefighter, chaplain, federal judge, or rescue squad member.

This bill establishes new criminal offenses for killing, assaulting, and fleeing to avoid prosecution for killing a judge, law enforcement officer, or public safety officer.

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.

“Our law enforcement officers bravely risk their lives daily to protect our communities, and anyone who targets them should be met with the full force of the law, including the death penalty,” said Sen. Cornyn. “America was built on the principles of law and order, and this legislation sends a clear message that targeted attacks on law enforcement will not be tolerated, dangerous criminals will be held accountable, and our men and women in blue have our full and unwavering support.”

Opponents of the Back the Blue Act argue that it imposes overly harsh federal penalties for offenses against law enforcement, undermining principles of proportional sentencing and due process. They contend that the bill unnecessarily federalizes crimes already covered by state law, expanding federal power in ways that could erode local control of policing and justice. Critics also warn that the legislation may discourage accountability by creating a legal environment that shields misconduct and chills legitimate public oversight, ultimately straining community–police relations rather than strengthening them.

Should Congress pass H.R.4310, the Back the Blue Act?