II 

117TH CONGRESS 

1ST SESSION S. 774 

To amend title 18, United States Code, to punish criminal offenses targeting 

law enforcement officers, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 16, 2021 

Mr. TILLIS (for himself, Mr. PORTMAN, Mr. INHOFE, Mr. HAWLEY, Mr. 

BURR, Mr. SCOTT of Florida, Mr. BOOZMAN, Mr. BRAUN, Mr. MORAN, 

Mrs. CAPITO, Mr. DAINES, Mrs. BLACKBURN, Mr. THUNE, Mr. CRAMER, 

Mr. WICKER, Mr. COTTON, and Ms. COLLINS) introduced the following 

bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to punish criminal 

offenses targeting law enforcement officers, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protect and Serve Act 

5 of 2021’’. 


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•S 774 IS

1 SEC. 2. CRIMES TARGETING LAW ENFORCEMENT OFFI2 CERS. 

3 (a) IN GENERAL.—Chapter 7 of title 18, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 120. Crimes targeting law enforcement officers 

7 ‘‘(a) IN GENERAL.—Whoever, in any circumstance 

8 described in subsection (b), knowingly assaults a law en9 forcement officer causing serious bodily injury, or at10 tempts to do so— 

11 ‘‘(1) shall be imprisoned not more than 10 

12 years, fined in accordance with this title, or both; 

13 and 

14 ‘‘(2) shall be imprisoned for any term of years 

15 or for life, fined in accordance with this title, or 

16 both, if— 

17 ‘‘(A) death results from the offense; or 

18 ‘‘(B) the offense includes kidnapping or an 

19 attempt to kidnap, or an attempt to kill. 

20 ‘‘(b) CIRCUMSTANCES DESCRIBED.—For purposes of 

21 subsection (a), the circumstances described in this sub22 section are that— 

23 ‘‘(1) the conduct described in subsection (a) oc24 curs during the course of, or as the result of, the 

25 travel of the defendant or the victim— 


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•S 774 IS

1 ‘‘(A) across a State line or national border; 

2 or 

3 ‘‘(B) using a channel, facility, or instru4 mentality of interstate or foreign commerce; 

5 ‘‘(2) the defendant uses a channel, facility, or 

6 instrumentality of interstate or foreign commerce in 

7 connection with the conduct described in subsection 

8 (a); 

9 ‘‘(3) in connection with the conduct described in 

10 subsection (a), the defendant employs a firearm, 

11 dangerous weapon, explosive or incendiary device, or 

12 other weapon that has traveled in interstate or for13 eign commerce; 

14 ‘‘(4) the conduct described in subsection (a)— 

15 ‘‘(A) interferes with commercial or other 

16 economic activity in which the victim is engaged 

17 at the time of the conduct; or 

18 ‘‘(B) otherwise affects interstate or foreign 

19 commerce; or 

20 ‘‘(5) the victim is a Federal law enforcement of21 ficer. 

22 ‘‘(c) CERTIFICATION REQUIREMENT.— 

23 ‘‘(1) IN GENERAL.—No prosecution of any of24 fense described in this section may be undertaken by 

25 the United States, except under the certification in 


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•S 774 IS

1 writing of the Attorney General, or a designee, 

2 that— 

3 ‘‘(A) the State does not have jurisdiction; 

4 ‘‘(B) the State has requested that the Fed5 eral Government assume jurisdiction; 

6 ‘‘(C) the verdict or sentence obtained pur7 suant to State charges left demonstratively 

8 unvindicated the Federal interest in protecting 

9 the public safety; or 

10 ‘‘(D) a prosecution by the United States is 

11 in the public interest and necessary to secure 

12 substantial justice. 

13 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

14 this subsection shall be construed to limit the au15 thority of Federal officers, or a Federal grand jury, 

16 to investigate possible violations of this section. 

17 ‘‘(d) DEFINITIONS.—In this section: 

18 ‘‘(1) LAW ENFORCEMENT OFFICER.—The term 

19 ‘law enforcement officer’ means an employee of a 

20 governmental or public agency who is authorized by 

21 law— 

22 ‘‘(A) to engage in or supervise the preven23 tion, detection, or the investigation of any 

24 criminal violation of law; or 


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•S 774 IS

1 ‘‘(B) to engage in or supervise the deten2 tion or the incarceration of any person for any 

3 criminal violation of law. 

4 ‘‘(2) STATE.—The term ‘State’ means a State 

5 of the United States, the District of Columbia, or 

6 any commonwealth, territory, or possession of the 

7 United States.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of such chapter is amended by adding 

10 at the end the following new item: 

‘‘120. Crimes targeting law enforcement officers.’’. 

Æ 


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