S. 5214

119 S5214 IS: Protect and Serve Act of 2026
 U.S. Senate
 2026-08-03
 text/xml
 EN
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 II  119th CONGRESS  2d Session  S. 5214  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.
1.
Short title
This Act may be cited as the   Protect and Serve Act of 2026  .
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:
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.
  .