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

Bill Summary: Protect and Serve Act of 2025 (S. 167)

Overview

The Protect and Serve Act of 2025 is a legislative proposal introduced in the U.S. Senate to create a new federal crime specifically targeting the assault of law enforcement officers. The bill seeks to strengthen protections for officers by amending Title 18 of the United States Code to allow for federal prosecution when law enforcement officers are targeted with violence that results in serious bodily injury or death.

Key Provisions

1. Creation of a New Federal Offense

The bill proposes the addition of Section 120 to Chapter 7 of Title 18, which would make it a federal crime to knowingly assault a law enforcement officer causing serious bodily injury, or to attempt to do so.

Penalties include:
* Standard Assault: Up to 10 years of imprisonment and/or a fine.
* Aggravated Assault: Imprisonment for any term of years or life imprisonment (and/or a fine) if:
* The assault results in the death of the officer.
* The offense includes kidnapping (or attempted kidnapping).
* The offense includes an attempt to kill the officer.

2. Jurisdiction and Applicability

Because federal law generally requires a "nexus" to interstate or foreign commerce, the bill specifies that this law applies if:
* The crime occurs during travel across state or national borders.
* The defendant uses a facility of interstate or foreign commerce (e.g., the internet, phones) to carry out the act.
* The defendant uses a weapon that has traveled in interstate or foreign commerce.
* The conduct affects interstate commerce or economic activity.
* The victim is a Federal law enforcement officer.

3. Definitions

• Law Enforcement Officer: Defined broadly as any employee of a governmental or public agency authorized by law to prevent, detect, investigate, or supervise the detention/incarceration of individuals for criminal violations.
• State: Includes any U.S. state, the District of Columbia, or any commonwealth, territory, or possession.

Procedural Safeguards

To prevent redundant prosecutions and respect state sovereignty, the bill includes a certification process. The U.S. government cannot prosecute these offenses unless the Attorney General (or a designee) certifies in writing that:
* The State lacks jurisdiction.
* The State has requested federal assistance.
* A state-level verdict or sentence failed to adequately protect public safety.
* Federal prosecution is in the public interest and necessary for substantial justice.

Note: This restriction applies to prosecution, but does not limit the ability of federal officers or grand juries to investigate these crimes.

Who is Affected?

• Law Enforcement Officers: Local, state, and federal officers gain an additional layer of federal legal protection.
• Defendants: Individuals who assault law enforcement officers may face significantly harsher penalties and the possibility of federal imprisonment.
• Department of Justice: The Attorney General's office would be responsible for determining when federal intervention is necessary over state prosecution.

Current Status

Introduced on January 21, 2025, by Senator Thom Tillis and a large group of co-sponsors, the bill has been referred to the Committee on the Judiciary.