H.R. 743

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 743 Introduced in House (IH)]

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118th CONGRESS
1st Session
H. R. 743

To amend title 18, United States Code, to punish criminal offenses 
targeting law enforcement officers, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 2, 2023

Mr. Rutherford (for himself, Mr. Gottheimer, Ms. Stefanik, Mr. Golden 
of Maine, Mr. Stauber, and Mr. Ruppersberger) introduced the following 
bill; which was 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 2023''.

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), knowingly assaults a law enforcement officer 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 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;
``(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 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) 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 at the beginning of 
such chapter is amended by adding at the end the following new item:

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