Protect and Serve Act of 2026

[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.

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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

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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.''. <all>