(a) Whoever intentionally kills—
(1) a
State or local official, law enforcement officer, or other officer or employee
while working with Federal law enforcement officials in furtherance of a Federal
criminal investigation—
(A) while
the victim is engaged in the performance of official duties;
(B) because of the performance of the victim’s official duties; or
(C) because of the victim’s status as a public servant; or
(2) any
person assisting a Federal criminal investigation, while that assistance is
being rendered and because of it,
shall be sentenced according to the terms of section 1111,
including by sentence of death or by imprisonment for life.
(b)
(1) Whoever, in a circumstance described in paragraph (3) of this
subsection, while incarcerated, intentionally kills any State correctional
officer engaged in, or on account of the performance of such officer’s official
duties, shall be sentenced to a term of imprisonment which shall not be less
than 20 years, and may be sentenced to life imprisonment or death.
(2) As
used in this section, the term, “State correctional officer” includes any
officer or employee of any prison, jail, or other detention facility, operated
by, or under contract to, either a State or local governmental agency, whose job
responsibilities include providing for the custody of incarcerated individuals.
(3) The
circumstance referred to in paragraph (1) is that—
(A) the
correctional officer is engaged in transporting the incarcerated person
interstate; or
(B) the
incarcerated person is incarcerated pursuant to a conviction for an offense
against the United States.
(c) For
the purposes of this section, the term “State” means a State of the United
States, the District of Columbia, and any commonwealth, territory, or possession
of the United States.
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