S. 2278

119 S2278 IS: Graham Hoffman Act
 U.S. Senate
 2025-07-15
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 2278  IN THE SENATE OF THE UNITED STATES   July 15, 2025   Mr. Schmitt  (for himself,  Mr. Hawley ,  Ms. Hassan ,  Mrs. Moody ,  Mr. Risch ,  Mr. Crapo ,  Mr. Cruz , and  Mr. Hagerty ) 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 first responders, and for other purposes.
1.
Short title
This Act may be cited as the   Graham Hoffman Act  .
2.
Crimes targeting first responders
(a)
In general
 Chapter 7  of title 18, United States Code, is amended by adding at the end the following:
121.
Crimes targeting first responders
(a)
In general
Whoever, in any circumstance described in subsection (b), knowingly assaults a first responder engaged in official duties causing serious bodily injury, or attempts to do so—
(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 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 first responder.
(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)
Definitions
In this section:
(1)
First responder
The term  first responder  means—
(A)
a firefighter, a law enforcement officer, or a member of a rescue squad or ambulance crew, as those terms are defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10284 ); or
(B)
an officially recognized or designated employee or volunteer member of a paramedic ALS intercept service that meet the requirements under section 410.40(d) of title 42, Code of Federal Regulations (or any successor regulation).
(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:
121. Crimes targeting first responders.
  .