Protect Our Heroes Act of 2021
Bill: S.1650 | Sponsor: Sen. Sullivan, Dan (R-AK)
Policy area: Crime and Law Enforcement

Summary:
Protect Our Heroes Act of 2021
This bill establishes new criminal offenses for killing or assaulting (or attempting to kill or assault or conspiring to kill) a current or former judicial officer or public safety officer in circumstances that affect interstate commerce while the officer is engaged in official duties or on account of past performance of official duties.
A violation is subject to criminal penalties—a prison term, a fine, or both.

To protect Federal, State, and local public safety officers.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect Our Heroes Act of 2021''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Law enforcement officers, first responders, and public 
        safety officials risk their lives every day to serve and 
        protect our neighborhoods and communities.
            (2) These men and women are true public servants who 
        regularly sacrifice and encounter grave daily harm.
            (3) The families of law enforcement officers, first 
        responders, and public safety officials also sacrifice and 
        contribute to their roles as guardians of the public good.
            (4) In recent times, it has become apparent that these 
        women and men are being targeted intentionally by criminals in 
        our society.
            (5) Congress must do all it can to promote a system of law 
        and order which enables law enforcement officers, first 
        responders, and public safety officials to properly do their 
        jobs.

SEC. 3. PROTECTION OF PUBLIC SAFETY OFFICERS.

    (a) Killing of Public Safety Officers.--
            (1) Offense.--Chapter 51 of title 18, United States Code, 
        is amended by adding at the end the following:
``Sec. 1123. Killing of public safety officers
    ``(a) Definitions.--In this section--
            ``(1) the terms `Federal law enforcement officer' and 
        `United States judge' have the meanings given those terms in 
        section 115;
            ``(2) the term `federally funded public safety officer' 
        means a public safety officer or judicial officer for a public 
        agency that--
                    ``(A) receives Federal financial assistance; and
                    ``(B) is an agency of an entity that is a State of 
                the United States, the District of Columbia, the 
                Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
                American Samoa, the Commonwealth of the Northern 
                Mariana Islands, or any territory or possession of the 
                United States, an Indian tribe, or a unit of local 
                government of that entity;
            ``(3) the term `firefighter' includes an individual serving 
        as an officially recognized or designated member of a legally 
        organized volunteer fire department and an officially 
        recognized or designated public employee member of a rescue 
        squad or ambulance crew;
            ``(4) the term `judicial officer' means a judge or other 
        officer or employee of a court, including prosecutors, court 
        security, pretrial services officers, court reporters, and 
        corrections, probation, and parole officers;
            ``(5) the term `law enforcement officer' means an 
        individual, with arrest powers, involved in crime or juvenile 
        delinquency control or reduction or enforcement of the laws;
            ``(6) the term `public agency' includes a court system, the 
        National Guard of a State to the extent the personnel of that 
        National Guard are not in Federal service, and the defense 
        forces of a State authorized by section 109 of title 32; and
            ``(7) the term `public safety officer' means an individual 
        serving a public agency in an official capacity, as a law 
        enforcement officer, as a firefighter, as a chaplain, or as a 
        member of a rescue squad or ambulance crew.
    ``(b) Offense.--
            ``(1) In general.--It shall be unlawful for any person to, 
        in any circumstance described in paragraph (2), kill, or 
        attempt or conspire to kill, a current or former judicial 
        officer or public safety officer, while the officer is engaged 
        in official duties, or on account of past performance of 
        official duties.
            ``(2) Circumstances described.--For purposes of paragraph 
        (1), a circumstance described in this paragraph is--
                    ``(A) the conduct described in paragraph (1) occurs 
                during the course of, or as the result of, the travel 
                of the defendant or the victim--
                            ``(i) across a State line or national 
                        border; or
                            ``(ii) using a channel, facility, or 
                        instrumentality of interstate or foreign 
                        commerce;
                    ``(B) the defendant uses a channel, facility, or 
                instrumentality of interstate or foreign commerce in 
                connection with the conduct described in paragraph (1);
                    ``(C) in connection with the conduct described in 
                paragraph (1), the defendant employs a firearm, 
                dangerous weapon, explosive or incendiary device, or 
                other weapon that has traveled in interstate or foreign 
                commerce;
                    ``(D) the conduct described in paragraph (1)--
                            ``(i) interferes with commercial or other 
                        economic activity in which the victim is 
                        engaged at the time of the conduct; or
                            ``(ii) otherwise affects interstate or 
                        foreign commerce; or
                    ``(E) the victim is--
                            ``(i) a Federal law enforcement officer;
                            ``(ii) a United States judge; or
                            ``(iii) a federally funded public safety 
                        officer.
    ``(c) Penalty.--
            ``(1) In general.--Any person that violates subsection (b) 
        shall be fined under this title and imprisoned for not less 
        than 10 years or for life, or, if death results, shall be 
        sentenced to not less than 30 years and not more than life, or 
        may be punished by death.
            ``(2) Directive to commission.--
                    ``(A) In general.--Pursuant to section 994 of title 
                28, the United States Sentencing Commission shall 
                promulgate guidelines or amend existing guidelines to 
                provide sentencing enhancements of not less than 5 
                offense levels for offenses where the finder of fact at 
                trial determines beyond a reasonable doubt that in the 
                commission of a violation of subsection (b), the 
                defendant lures the victim to a location for the 
                purpose of killing, or attempting to kill, the victim.
                    ``(B) Requirement.--In carrying out this paragraph, 
                the United States Sentencing Commission shall assure 
                reasonable consistency with other guidelines, avoid 
                duplicative punishments for substantially the same 
                offense, and take into account any mitigating 
                circumstances which might justify exceptions.''.
            (2) Table of sections.--The table of sections for chapter 
        51 of title 18, United States Code, is amended by adding at the 
        end the following:

``1123. Killing of public safety officers.''.
    (b) Assault of Public Safety Officers.--
            (1) Offense.--Chapter 7 of title 18, United States Code, is 
        amended by adding at the end the following:
``Sec. 120. Assaults of public safety officers
    ``(a) Definitions.--In this section--
            ``(1) the term `federally funded public safety officer' 
        means a public safety officer or judicial officer for a public 
        agency that--
                    ``(A) receives Federal financial assistance; and
                    ``(B) is an agency of an entity that is a State of 
                the United States, the District of Columbia, the 
                Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
                American Samoa, the Commonwealth of the Northern 
                Mariana Islands, or any territory or possession of the 
                United States, an Indian tribe, or a unit of local 
                government of that entity;
            ``(2) the term `firefighter' includes an individual serving 
        as an officially recognized or designated member of a legally 
        organized volunteer fire department and an officially 
        recognized or designated public employee member of a rescue 
        squad or ambulance crew;
            ``(3) the term `judicial officer' means a judge or other 
        officer or employee of a court, including prosecutors, court 
        security, pretrial services officers, court reporters, and 
        corrections, probation, and parole officers;
            ``(4) the term `law enforcement officer' means an 
        individual, with arrest powers, involved in crime or juvenile 
        delinquency control or reduction or enforcement of the laws;
            ``(5) the term `public agency' includes a court system, the 
        National Guard of a State to the extent the personnel of that 
        National Guard are not in Federal service, and the defense 
        forces of a State authorized by section 109 of title 32; and
            ``(6) the term `public safety officer' means an individual 
        serving a public agency in an official capacity, as a law 
        enforcement officer, as a firefighter, as a chaplain, or as a 
        member of a rescue squad or ambulance crew.
    ``(b) Offense.--
            ``(1) In general.--It shall be unlawful, in any 
        circumstance described in paragraph (2), to assault, or attempt 
        to assault, a current or former judicial officer or public 
        safety officer, while the officer is engaged in official 
        duties, or on account of past performance of official duties.
            ``(2) Circumstances described.--For purposes of paragraph 
        (1), a circumstance described in this paragraph is--
                    ``(A) the conduct described in paragraph (1) occurs 
                during the course of, or as the result of, the travel 
                of the defendant or the victim--
                            ``(i) across a State line or national 
                        border; or
                            ``(ii) using a channel, facility, or 
                        instrumentality of interstate or foreign 
                        commerce;
                    ``(B) the defendant uses a channel, facility, or 
                instrumentality of interstate or foreign commerce in 
                connection with the conduct described in paragraph (1);
                    ``(C) in connection with the conduct described in 
                paragraph (1), the defendant employs a firearm, 
                dangerous weapon, explosive or incendiary device, or 
                other weapon that has traveled in interstate or foreign 
                commerce;
                    ``(D) the conduct described in paragraph (1)--
                            ``(i) interferes with commercial or other 
                        economic activity in which the victim is 
                        engaged at the time of the conduct; or
                            ``(ii) otherwise affects interstate or 
                        foreign commerce; or
                    ``(E) the victim is--
                            ``(i) a Federal law enforcement officer;
                            ``(ii) a United States judge; or
                            ``(iii) a federally funded public safety 
                        officer.
    ``(c) Penalty.--
            ``(1) In general.--Any person that violates subsection (b) 
        shall be subject to a fine under this title and--
                    ``(A) if the assault resulted in bodily injury (as 
                defined in section 1365), shall be imprisoned not less 
                than 2 years and not more than 10 years;
                    ``(B) if the assault resulted in substantial bodily 
                injury (as defined in section 113), shall be imprisoned 
                not less than 5 years and not more than 20 years;
                    ``(C) if the assault resulted in serious bodily 
                injury (as defined in section 1365), shall be 
                imprisoned for not less than 10 years;
                    ``(D) if a deadly or dangerous weapon was used 
                during and in relation to the assault, shall be 
                imprisoned for not less than 20 years; and
                    ``(E) shall be imprisoned for not more than 1 year 
                in any other case.
            ``(2) Directive to commission.--
                    ``(A) In general.--Pursuant to section 994 of title 
                28, the United States Sentencing Commission shall 
                promulgate guidelines or amend existing guidelines to 
                provide sentencing enhancements of not less than 5 
                offense levels for offenses where the finder of fact at 
                trial determines beyond a reasonable doubt that in the 
                commission of a violation of subsection (b), the 
                defendant lures the victim to a location for the 
                purpose of assaulting, or attempting to assault, the 
                victim.
                    ``(B) Requirement.--In carrying out this paragraph, 
                the United States Sentencing Commission shall assure 
                reasonable consistency with other guidelines, avoid 
                duplicative punishments for substantially the same 
                offense, and take into account any mitigating 
                circumstances which might justify exceptions.''.
            (2) Table of sections.--The table of sections for chapter 7 
        of title 18, United States Code, is amended by adding at the 
        end the following:

``120. Assaults of public safety officers.''.
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