Protect and Serve Act of 2020

II 116TH CONGRESS 2D SESSION S. 4605 To amend title 18, United States Code, to punish criminal offenses targeting law enforcement officers, and for other purposes. IN THE SENATE OF THE UNITED STATES SEPTEMBER 17, 2020 Mr. TILLIS (for himself, Mr. KENNEDY, Mr. GRAHAM, Mrs. LOEFFLER, Mrs. BLACKBURN, Mr. ROUNDS, Mr. SCOTT of Florida, Mrs. CAPITO, Mr. COTTON, Mr. BRAUN, Mr. PORTMAN, Mr. PERDUE, Mr. BURR, Mr. WICKER, Mr. INHOFE, Mr. BOOZMAN, and Ms. COLLINS) introduced the following bill; which was read twice and 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 2020’’. 5 VerDate Sep 11 2014 01:46 Sep 23, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4605.IS S4605 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 4605 IS SEC. 2. CRIMES TARGETING LAW ENFORCEMENT OFFI- 1 CERS. 2 (a) IN GENERAL.—Chapter 7 of title 18, United 3 States Code, is amended by adding at the end the fol- 4 lowing: 5 ‘‘§ 120. Crimes targeting law enforcement officers 6 ‘‘(a) IN GENERAL.—Whoever, in any circumstance 7 described in subsection (b), knowingly assaults a law en- 8 forcement officer causing serious bodily injury, or at- 9 tempts to do so— 10 ‘‘(1) shall be imprisoned not more than 10 11 years, fined in accordance with this title, or both; 12 and 13 ‘‘(2) shall be imprisoned for any term of years 14 or for life, fined in accordance with this title, or 15 both, if— 16 ‘‘(A) death results from the offense; or 17 ‘‘(B) the offense includes kidnapping or an 18 attempt to kidnap, or an attempt to kill. 19 ‘‘(b) CIRCUMSTANCES DESCRIBED.—For purposes of 20 subsection (a), the circumstances described in this sub- 21 paragraph are that— 22 ‘‘(1) the conduct described in subsection (a) oc- 23 curs during the course of, or as the result of, the 24 travel of the defendant or the victim— 25 VerDate Sep 11 2014 01:46 Sep 23, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4605.IS S4605 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 4605 IS ‘‘(A) across a State line or national border; 1 or 2 ‘‘(B) using a channel, facility, or instru- 3 mentality of interstate or foreign commerce; 4 ‘‘(2) the defendant uses a channel, facility, or 5 instrumentality of interstate or foreign commerce in 6 connection with the conduct described in subsection 7 (a); 8 ‘‘(3) in connection with the conduct described in 9 subsection (a), the defendant employs a firearm, 10 dangerous weapon, explosive or incendiary device, or 11 other weapon that has traveled in interstate or for- 12 eign commerce; 13 ‘‘(4) the conduct described in subsection (a)— 14 ‘‘(A) interferes with commercial or other 15 economic activity in which the victim is engaged 16 at the time of the conduct; or 17 ‘‘(B) otherwise affects interstate or foreign 18 commerce; or 19 ‘‘(5) the victim is a Federal law enforcement of- 20 ficer. 21 ‘‘(c) CERTIFICATION REQUIREMENT.— 22 ‘‘(1) IN GENERAL.—No prosecution of any of- 23 fense described in this section may be undertaken by 24 the United States, except under the certification in 25 VerDate Sep 11 2014 01:46 Sep 23, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4605.IS S4605 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 4605 IS writing of the Attorney General, or a designee, 1 that— 2 ‘‘(A) the State does not have jurisdiction; 3 ‘‘(B) the State has requested that the Fed- 4 eral Government assume jurisdiction; 5 ‘‘(C) the verdict or sentence obtained pur- 6 suant to State charges left demonstratively 7 unvindicated the Federal interest in protecting 8 the public safety; or 9 ‘‘(D) a prosecution by the United States is 10 in the public interest and necessary to secure 11 substantial justice. 12 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 13 this subsection shall be construed to limit the au- 14 thority of Federal officers, or a Federal grand jury, 15 to investigate possible violations of this section. 16 ‘‘(d) DEFINITIONS.—In this section: 17 ‘‘(1) LAW ENFORCEMENT OFFICER.—The term 18 ‘law enforcement officer’ means an employee of a 19 governmental or public agency who is authorized by 20 law— 21 ‘‘(A) to engage in or supervise the preven- 22 tion, detection, or the investigation of any 23 criminal violation of law; or 24 VerDate Sep 11 2014 01:46 Sep 23, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4605.IS S4605 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 4605 IS ‘‘(B) to engage in or supervise the deten- 1 tion or the incarceration of any person for any 2 criminal violation of law. 3 ‘‘(2) STATE.—The term ‘State’ means a State 4 of the United States, the District of Columbia, or 5 any commonwealth, territory, or possession of the 6 United States.’’. 7 (b) CLERICAL AMENDMENT.—The table of sections 8 at the beginning of such chapter is amended by adding 9 at the end the following new item: 10 ‘‘120. Crimes targeting law enforcement officers.’’. Æ VerDate Sep 11 2014 01:46 Sep 23, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S4605.IS S4605 pamtmann on DSKBC07HB2PROD with BILLS