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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protect and Serve Act 
of 2018’’. 
SEC. 2. CRIMES TARGETING LAW ENFORCEMENT OFFI-
CERS. 
(a) IN GENERAL.—Chapter 7 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
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connection with the conduct described in subsection 
(a); 
‘‘(3) in connection with the conduct described in 
subsection (a), the defendant employs a firearm, 
dangerous weapon, explosive or incendiary device, or 
other weapon that has traveled in interstate or for-
eign commerce; 
‘‘(4) the conduct described in subsection (a)— 
‘‘(A) interferes with commercial or other 
economic activity in which the victim is engaged 
at the time of the conduct; or 
‘‘(B) otherwise affects interstate or foreign 
commerce; or 
‘‘(5) the victim is a Federal law enforcement of-
ficer. 
‘‘(c) CERTIFICATION REQUIREMENT.— 
‘‘(1) IN GENERAL.—No prosecution of any of-
fense described in this section may be undertaken by 
the United States, except under the certification in 
writing of the Attorney General, or a designee, 
that— 
‘‘(A) the State does not have jurisdiction; 
‘‘(B) the State has requested that the Fed-
eral Government assume jurisdiction; 
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‘‘(C) the verdict or sentence obtained pur-
suant to State charges left demonstratively 
unvindicated the Federal interest in protecting 
the public safety; or 
‘‘(D) a prosecution by the United States is 
in the public interest and necessary to secure 
substantial justice. 
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall be construed to limit the au-
thority of Federal officers, or a Federal grand jury, 
to investigate possible violations of this section. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) LAW ENFORCEMENT OFFICER.—The term 
‘law enforcement officer’ means an employee of a 
governmental or public agency who is authorized by 
law— 
‘‘(A) to engage in or supervise the preven-
tion, detention, investigation, or the incarcer-
ation of any person for any criminal violation of 
law; and 
‘‘(B) to apprehend or arrest a person for 
any criminal violation of law. 
‘‘(2) STATE.—The term ‘State’ means a State 
of the United States, the District of Columbia, or 
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any commonwealth, territory, or possession of the 
United States.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘120. Crimes targeting law enforcement officers.’’. 
Æ 
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