IB 

Union Calendar No. 517 

115TH CONGRESS 

2D SESSION H. R. 5698 

[Report No. 115–672] 

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 

MAY 11, 2018 

Additional sponsors: Mrs. COMSTOCK, Mr. DUNN, Mr. FITZPATRICK, and Mr. 

CARTER of Texas 

MAY 11, 2018 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


pbinns on DSK79D2C42PROD with BILLS
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•HR 5698 RH

A BILL 

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

offenses targeting law enforcement officers, and for other 

purposes. 


pbinns on DSK79D2C42PROD with BILLS
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•HR 5698 RH

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: 

11 ‘‘§ 120. Crimes targeting law enforcement officers 

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

13 described in subsection (b), knowingly causes serious bod14 ily injury to a law enforcement officer, or attempts to do 

15 so— 

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

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

18 and 

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

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

21 both, if— 

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

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

24 attempt to kidnap, or an attempt to kill. 


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

2 subsection (a), the circumstances described in this sub3 paragraph are that— 

4 ‘‘(1) the conduct described in subsection (a) oc5 curs during the course of, or as the result of, the 

6 travel of the defendant or the victim— 

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

8 or 

9 ‘‘(B) using a channel, facility, or instru10 mentality of interstate or foreign commerce; 

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

12 instrumentality of interstate or foreign commerce in 

13 connection with the conduct described in subsection 

14 (a); 

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

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

17 dangerous weapon, explosive or incendiary device, or 

18 other weapon that has traveled in interstate or for19 eign commerce; 

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

21 ‘‘(A) interferes with commercial or other 

22 economic activity in which the victim is engaged 

23 at the time of the conduct; or 

24 ‘‘(B) otherwise affects interstate or foreign 

25 commerce; or 


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1 ‘‘(5) the victim is a Federal law enforcement of2 ficer. 

3 ‘‘(c) CERTIFICATION REQUIREMENT.— 

4 ‘‘(1) IN GENERAL.—No prosecution of any of5 fense described in this section may be undertaken by 

6 the United States, except under the certification in 

7 writing of the Attorney General, or a designee, 

8 that— 

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

10 ‘‘(B) the State has requested that the Fed11 eral Government assume jurisdiction; 

12 ‘‘(C) the verdict or sentence obtained pur13 suant to State charges left demonstratively 

14 unvindicated the Federal interest in protecting 

15 the public safety; or 

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

17 in the public interest and necessary to secure 

18 substantial justice. 

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

20 this subsection shall be construed to limit the au21 thority of Federal officers, or a Federal grand jury, 

22 to investigate possible violations of this section. 

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

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

25 ‘law enforcement officer’ means an employee of a 


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1 governmental or public agency who is authorized by 

2 law— 

3 ‘‘(A) to engage in or supervise the preven4 tion, detention, investigation, or the incarcer5 ation of any person for any criminal violation of 

6 law; and 

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

8 any criminal violation of law. 

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

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

11 any commonwealth, territory, or possession of the 

12 United States.’’. 

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

14 at the beginning of such chapter is amended by adding 

15 at the end the following new item: 

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


pbinns on DSK79D2C42PROD with BILLS

pbinns on DSK79D2C42PROD with BILLS
Union Calendar No. 517 

115TH CONGRESS 

2D SESSION H. R. 5698 

[Report No. 115–672] 

A BILL 

To amend title 18, United States Code, to punish 

cers, and for other purposes. criminal offenses targeting law enforcement offiMAY 11, 2018 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


pbinns on DSK79D2C42PROD with BILLS