[Congressional Record Volume 164, Number 96 (Monday, June 11, 2018)]
[Senate]
[Page S3715]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2754. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill H.R. 5515, to authorize appropriations for fiscal year 
2019 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. __. 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.''.
                                 ______