Protect and Serve Act of 2023
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 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 743 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 743
To amend title 18, United States Code, to punish criminal offenses
targeting law enforcement officers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 2, 2023
Mr. Rutherford (for himself, Mr. Gottheimer, Ms. Stefanik, Mr. Golden
of Maine, Mr. Stauber, and Mr. Ruppersberger) 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 2023''.
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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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