[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5214 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5214

  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

                             August 3, 2026

 Mr. Tillis (for himself and Mr. Coons) 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 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 2026''.

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), willfully and with intent to kill a law enforcement 
officer solely because of the officer's status as a law enforcement 
officer--
            ``(1) kills a law enforcement officer, shall be imprisoned 
        for any term of years or life, fined in accordance with this 
        title, or both; or
            ``(2) attempts to kill a law enforcement officer, causing 
        serious bodily injury, shall be imprisoned for not more than 20 
        years, fined in accordance with this title, or both.
    ``(b) Circumstances Described.--For purposes of subsection (a), the 
circumstances described in this subsection 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 has requested that the Federal 
                Government assume jurisdiction; or
                    ``(B) a prosecution by the United States is in the 
                public interest and necessary to secure substantial 
                justice, as determined by the Attorney General based on 
                consideration of the following standards:
                            ``(i) the verdict or sentence obtained 
                        pursuant to State charges;
                            ``(ii) the extent of planning and 
                        premeditation;
                            ``(iii) the intended outcome of the 
                        conduct;
                            ``(iv) disregard for human life, including 
                        collateral damage to unintended victims; and
                            ``(v) benefit to public safety from Federal 
                        prosecution.
            ``(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 for chapter 7 of 
title 18, United States Code, is amended by adding at the end the 
following:

``120. Crimes targeting law enforcement officers.''.
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