Protect and Serve Act of 2021

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protect and Serve Act 4 of 2021’’. 5 SEC. 2. CRIMES TARGETING LAW ENFORCEMENT OFFI- 6 CERS. 7 (a) IN GENERAL.—Chapter 7 of title 18, United 8 States Code, is amended by adding at the end the fol- 9 lowing: 10 VerDate Sep 11 2014 03:18 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3079.IH H3079 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3079 IH ‘‘§ 120. Crimes targeting law enforcement officers 1 ‘‘(a) IN GENERAL.—Whoever, in any circumstance 2 described in subsection (b), knowingly assaults a law en- 3 forcement officer causing serious bodily injury, or at- 4 tempts to do so— 5 ‘‘(1) shall be imprisoned not more than 10 6 years, fined in accordance with this title, or both; 7 and 8 ‘‘(2) shall be imprisoned for any term of years 9 or for life, fined in accordance with this title, or 10 both, if— 11 ‘‘(A) death results from the offense; or 12 ‘‘(B) the offense includes kidnapping or an 13 attempt to kidnap, or an attempt to kill. 14 ‘‘(b) CIRCUMSTANCES DESCRIBED.—For purposes of 15 subsection (a), the circumstances described in this sub- 16 paragraph are that— 17 ‘‘(1) the conduct described in subsection (a) oc- 18 curs during the course of, or as the result of, the 19 travel of the defendant or the victim— 20 ‘‘(A) across a State line or national border; 21 or 22 ‘‘(B) using a channel, facility, or instru- 23 mentality of interstate or foreign commerce; 24 ‘‘(2) the defendant uses a channel, facility, or 25 instrumentality of interstate or foreign commerce in 26 VerDate Sep 11 2014 03:18 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3079.IH H3079 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3079 IH connection with the conduct described in subsection 1 (a); 2 ‘‘(3) in connection with the conduct described in 3 subsection (a), the defendant employs a firearm, 4 dangerous weapon, explosive or incendiary device, or 5 other weapon that has traveled in interstate or for- 6 eign commerce; 7 ‘‘(4) the conduct described in subsection (a)— 8 ‘‘(A) interferes with commercial or other 9 economic activity in which the victim is engaged 10 at the time of the conduct; or 11 ‘‘(B) otherwise affects interstate or foreign 12 commerce; or 13 ‘‘(5) the victim is a Federal law enforcement of- 14 ficer. 15 ‘‘(c) CERTIFICATION REQUIREMENT.— 16 ‘‘(1) IN GENERAL.—No prosecution of any of- 17 fense described in this section may be undertaken by 18 the United States, except under the certification in 19 writing of the Attorney General, or a designee, 20 that— 21 ‘‘(A) the State does not have jurisdiction; 22 ‘‘(B) the State has requested that the Fed- 23 eral Government assume jurisdiction; 24 VerDate Sep 11 2014 03:18 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3079.IH H3079 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3079 IH ‘‘(C) the verdict or sentence obtained pur- 1 suant to State charges left demonstratively 2 unvindicated the Federal interest in protecting 3 the public safety; or 4 ‘‘(D) a prosecution by the United States is 5 in the public interest and necessary to secure 6 substantial justice. 7 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 8 this subsection shall be construed to limit the au- 9 thority of Federal officers, or a Federal grand jury, 10 to investigate possible violations of this section. 11 ‘‘(d) DEFINITIONS.—In this section: 12 ‘‘(1) LAW ENFORCEMENT OFFICER.—The term 13 ‘law enforcement officer’ means an employee of a 14 governmental or public agency who is authorized by 15 law— 16 ‘‘(A) to engage in or supervise the preven- 17 tion, detection, or the investigation of any 18 criminal violation of law; or 19 ‘‘(B) to engage in or supervise the deten- 20 tion or the incarceration of any person for any 21 criminal violation of law. 22 ‘‘(2) STATE.—The term ‘State’ means a State 23 of the United States, the District of Columbia, or 24 VerDate Sep 11 2014 03:18 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3079.IH H3079 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3079 IH any commonwealth, territory, or possession of the 1 United States.’’. 2 (b) CLERICAL AMENDMENT.—The table of sections 3 at the beginning of such chapter is amended by adding 4 at the end the following new item: 5 ‘‘120. Crimes targeting law enforcement officers.’’. Æ VerDate Sep 11 2014 03:18 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3079.IH H3079 kjohnson on DSK79L0C42PROD with BILLS