II 

115TH CONGRESS 

2D SESSION S. 2794 

To make a deliberate, targeted attack on a law enforcement officer a crime, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 7, 2018 

Mr. HATCH (for himself and Ms. HEITKAMP) introduced the following bill; 

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

A BILL 

To make a deliberate, targeted attack on a law enforcement 

officer a crime, 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 bodily injury 

4 to any person, or attempts to do so, because of the actual 

5 or perceived status of the person as a law enforcement 

6 officer— 

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

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

9 and 

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

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

12 both, if— 

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

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

15 attempt to kidnap, or an attempt to kill. 

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

17 subsection (a), the circumstances described in this sub18 paragraph are that— 

19 ‘‘(1) the conduct described in subsection (a) oc20 curs during the course of, or as the result of, the 

21 travel of the defendant or the victim— 

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

23 or 

24 ‘‘(B) using a channel, facility, or instru25 mentality of interstate or foreign commerce; 


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

2 instrumentality of interstate or foreign commerce in 

3 connection with the conduct described in subsection 

4 (a); 

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

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

7 dangerous weapon, explosive or incendiary device, or 

8 other weapon that has traveled in interstate or for9 eign commerce; or 

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

11 ‘‘(A) interferes with commercial or other 

12 economic activity in which the victim is engaged 

13 at the time of the conduct; or 

14 ‘‘(B) otherwise affects interstate or foreign 

15 commerce. 

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) GUIDELINES.—All prosecutions conducted by 

13 the United States under this section shall be undertaken 

14 pursuant to guidelines issued by the Attorney General, or 

15 the designee of the Attorney General, to be included in 

16 the United States Attorneys’ Manual that shall establish 

17 neutral and objective criteria for determining whether a 

18 crime was committed because of the actual or perceived 

19 status of any person. 

20 ‘‘(e) STATUTE OF LIMITATIONS.— 

21 ‘‘(1) OFFENSES NOT RESULTING IN DEATH.— 

22 Except as provided in paragraph (2), no person shall 

23 be prosecuted, tried, or punished for any offense 

24 under this section unless the indictment for such of25 fense is found, or the information for such offense 


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1 is instituted, not later than 7 years after the date 

2 on which the offense was committed. 

3 ‘‘(2) OFFENSES RESULTING IN DEATH.—An in4 dictment or information alleging that an offense 

5 under this section resulted in death may be found or 

6 instituted at any time without limitation. 

7 ‘‘(f) DEFINITIONS.—In this section: 

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

9 ‘law enforcement officer’ means an employee of a 

10 governmental or public agency who is authorized by 

11 law— 

12 ‘‘(A) to engage in or supervise the preven13 tion, detention, investigation, or the incarcer14 ation of any person for any criminal violation of 

15 law; and 

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

17 any criminal violation of law. 

18 ‘‘(2) STATE.—The term ‘State’ includes the 

19 District of Columbia, Puerto Rico, and any other 

20 territory or possession of the United States.’’. 

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

22 at the beginning of such chapter is amended by adding 

23 at the end the following new item: 

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

Æ 


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