Protect and Serve Act of 2021

Protect and Serve Act of 2021

This bill establishes a new criminal offense for knowingly assaulting a law enforcement officer and causing serious bodily injury (or attempting to do so) in circumstances that affect interstate commerce.

It imposes criminal penalties—a prison term, a fine, or both—on a violator.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3079 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 3079

  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 11, 2021

    Mr. Rutherford (for himself and Mr. Gottheimer) 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 Representatives 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 2021''.

SEC. 2. CRIMES TARGETING LAW ENFORCEMENT OFFICERS.

    (a) In General.--Chapter 7 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 120. Crimes targeting law enforcement officers
    ``(a) In General.--Whoever, in any circumstance described in 
subsection (b), knowingly assaults a law enforcement officer causing 
serious bodily injury, or attempts to do so--
            ``(1) shall be imprisoned not more than 10 years, fined in 
        accordance with this title, or both; and
            ``(2) shall be imprisoned for any term of years or for 
        life, fined in accordance with this title, or both, if--
                    ``(A) death results from the offense; or
                    ``(B) the offense includes kidnapping or an attempt 
                to kidnap, or an attempt to kill.
    ``(b) Circumstances Described.--For purposes of subsection (a), the 
circumstances described in this subparagraph are that--
            ``(1) the conduct described in subsection (a) occurs during 
        the course of, or as the result of, the travel of the defendant 
        or the victim--
                    ``(A) across a State line or national border; or
                    ``(B) using a channel, facility, or instrumentality 
                of interstate or foreign commerce;
            ``(2) the defendant uses a channel, facility, or 
        instrumentality of interstate or foreign commerce in 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 foreign 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 officer.
    ``(c) Certification Requirement.--
            ``(1) In general.--No prosecution of any offense 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 Federal 
                Government assume jurisdiction;
                    ``(C) the verdict or sentence obtained pursuant 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 authority 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 prevention, 
                detection, or the investigation of any criminal 
                violation of law; or
                    ``(B) to engage in or supervise the detention or 
                the incarceration of any person for any criminal 
                violation of law.
            ``(2) State.--The term `State' means a State of the United 
        States, the District of Columbia, or 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.''.
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