[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2794 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 2794

 To make a deliberate, targeted attack on a law enforcement officer a 
                     crime, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 7, 2018

Mr. Hatch (for himself and Ms. Heitkamp) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To make a deliberate, targeted attack on a law enforcement officer a 
                     crime, 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 2018''.

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 causes bodily injury to any person, or 
attempts to do so, because of the actual or perceived status of the 
person as a law enforcement officer--
            ``(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; or
            ``(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.
    ``(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) Guidelines.--All prosecutions conducted by the United States 
under this section shall be undertaken pursuant to guidelines issued by 
the Attorney General, or the designee of the Attorney General, to be 
included in the United States Attorneys' Manual that shall establish 
neutral and objective criteria for determining whether a crime was 
committed because of the actual or perceived status of any person.
    ``(e) Statute of Limitations.--
            ``(1) Offenses not resulting in death.--Except as provided 
        in paragraph (2), no person shall be prosecuted, tried, or 
        punished for any offense under this section unless the 
        indictment for such offense is found, or the information for 
        such offense is instituted, not later than 7 years after the 
        date on which the offense was committed.
            ``(2) Offenses resulting in death.--An indictment or 
        information alleging that an offense under this section 
        resulted in death may be found or instituted at any time 
        without limitation.
    ``(f) 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, 
                detention, investigation, or the incarceration of any 
                person for any criminal violation of law; and
                    ``(B) to apprehend or arrest a person for any 
                criminal violation of law.
            ``(2) State.--The term `State' includes the District of 
        Columbia, Puerto Rico, and any other 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>