H.R. 3900, the Justice for Peace Officers Act and
H.R. 1751, the Secure Access to Justice and Court Protection Act
On April 29, 2002, Deputy March was brutally murdered execution-style during a routine traffic stop. Suspect Armando Garcia fled to Mexico within hours of Deputy March's death and has eluded prosecution by U.S. authorities. Tragically, Mexico’s extradition policy has complicated efforts to bring Armando Garcia back to the U.S.
Under federal law, it is a crime to kill a federal peace officer or state/local officers if they are engaged in a federal investigation. It is also a federal crime to flee to another country to avoid prosecution. However, such a crime is punishable by no more than five years in prison or even merely a fine. I believe that a fine or five years imprisonment for the cold-blooded murder of a law enforcement officer is tantamount to no justice at all.
I believe there is no reason that a heinous crime, such as the one in Deputy March's case, should not also be a federal crime with the same penalties as the murder of a federal officer. That is why I introduced H.R. 3900, the Justice for Peace Officers Act, with the strong support of Los Angeles County Sheriff Lee Baca, to make it a federal crime to murder a peace officer -- whether federal, state or local -- and flee the country, providing concurrent jurisdiction for the federal government to prosecute the suspect. This legislation builds on the provisions of H.R. 2363, the Peace Officer Justice Act, by enhancing the punishment for cop-killers and those who aid them, providing priority to state/local prosecutors in such cases, making clear that the bill does not supersede state/local jurisdiction and urging the renegotiation of the U.S.-Mexico Extradition Treaty to resolve the death penalty/life imprisonment roadblock.
On November 9, 2005, the House approved H.R. 1751, the Secure Access to Justice and Court Protection Act, which includes key provisions of H.R. 3900. Under the bill, killing a federally funded law enforcement officer is punishable by the death penalty, life imprisonment or a mandatory minimum of 30 years behind bars. The bill also adds a mandatory minimum 10 year penalty on top of the punishment for killing a law enforcement officer if the suspect flees the country to avoid prosecution.
H.R. 1751 is supported by the Federal Bar Association, the Federal Criminal Investigators Association, the Fraternal Order of Police, the International Association of Campus Law Enforcement Administrators, the International Union of Police Associations AFL-CIO, the Major County Sheriff’s Association, the National Association of Assistant United States Attorneys, the National Law Enforcement Council, the California State Sheriff’s Association, the National Sheriff’s Association, the National Troopers Coalition, the American Federation of State, County, and Municipal Employees, the National Court Reporters Association, and the Sergeants Benevolent Association of New York City.
Subsequently, on November 29, 2005, the Mexican Supreme Court issued a ruling to allow extradition for suspects facing life in prison in the United States for their crimes. The decision, which overturns a four year old ban on such extraditions, will now pave the way for more extraditions to the United States from Mexico.
