I 

115TH CONGRESS 

2D SESSION H. R. 5698 

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

law enforcement officers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 8, 2018 

Mr. RUTHERFORD (for himself and Mrs. DEMINGS) introduced the following 

bill; which was 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 2018’’. 

6 SEC. 2. CRIMES TARGETING LAW ENFORCEMENT OFFI7 CERS. 

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

9 States Code, is amended by adding at the end the fol10 lowing: 


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1 ‘‘§ 120. Crimes targeting law enforcement officers 

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

3 described in subsection (b), knowingly causes serious bod4 ily injury to a law enforcement officer, or attempts to do 

5 so— 

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

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

8 and 

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

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

11 both, if— 

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

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

14 attempt to kidnap, or an attempt to kill. 

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

16 subsection (a), the circumstances described in this sub17 paragraph are that— 

18 ‘‘(1) the conduct described in subsection (a) oc19 curs during the course of, or as the result of, the 

20 travel of the defendant or the victim— 

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

22 or 

23 ‘‘(B) using a channel, facility, or instru24 mentality of interstate or foreign commerce; 

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

26 instrumentality of interstate or foreign commerce in 


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1 connection with the conduct described in subsection 

2 (a); 

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

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

5 dangerous weapon, explosive or incendiary device, or 

6 other weapon that has traveled in interstate or for7 eign commerce; 

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

9 ‘‘(A) interferes with commercial or other 

10 economic activity in which the victim is engaged 

11 at the time of the conduct; or 

12 ‘‘(B) otherwise affects interstate or foreign 

13 commerce; or 

14 ‘‘(5) the victim is a Federal law enforcement of15 ficer. 

16 ‘‘(c) CERTIFICATION REQUIREMENT.— 

17 ‘‘(1) IN GENERAL.—No prosecution of any of18 fense described in this section may be undertaken by 

19 the United States, except under the certification in 

20 writing of the Attorney General, or a designee, 

21 that— 

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

23 ‘‘(B) the State has requested that the Fed24 eral Government assume jurisdiction; 


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1 ‘‘(C) the verdict or sentence obtained pur2 suant to State charges left demonstratively 

3 unvindicated the Federal interest in protecting 

4 the public safety; or 

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

6 in the public interest and necessary to secure 

7 substantial justice. 

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

9 this subsection shall be construed to limit the au10 thority of Federal officers, or a Federal grand jury, 

11 to investigate possible violations of this section. 

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

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

14 ‘law enforcement officer’ means an employee of a 

15 governmental or public agency who is authorized by 

16 law— 

17 ‘‘(A) to engage in or supervise the preven18 tion, detention, investigation, or the incarcer19 ation of any person for any criminal violation of 

20 law; and 

21 ‘‘(B) to apprehend or arrest a person for 

22 any criminal violation of law. 

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

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


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1 any commonwealth, territory, or possession of the 

2 United States.’’. 

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

4 at the beginning of such chapter is amended by adding 

5 at the end the following new item: 

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

Æ 


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