H.R. 5698, Protect and Serve Act of 2018

Floor Situation

On Wednesday, May 16, 2018, the House will consider H.R. 5698, the Protect and Serve Act of 2018, under a structured rule. This bill was introduced on May 8, 2018 by Rep. John Rutherford (R-FL) and was referred to the House Committee on the Judiciary, which ordered the bill reported by voice vote on May 9, 2018.

Summary              

H.R. 5698 creates a new statute in title 18, United States Code, to allow for federal prosecution of defendants who knowingly assault a law enforcement officer causing serious bodily injury. In order to qualify for federal prosecution, the victim must either be a federal law enforcement officer, or, if a state or local officer, there must be a nexus to interstate commerce. A prosecution may only be pursued if the Attorney General certifies the State does not have jurisdiction, the State has requested that the Federal Government assume jurisdiction, the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in protecting the public safety, or a prosecution by the United States is in the public interest and necessary to secure substantial justice.

Background

According to the Committee, police agencies in the United States are currently facing a crisis resulting from a spate of high-profile use of force incidents. As a result, police officers are facing increasing levels of hostility and violence, fueled by growing anti-police sentiment. In the aftermath of the August 2014 events in Ferguson, Missouri, there has been an increase in ambush-style attacks on police officers. In 2017 alone, 64 police officers died in the line of duty and 21 in ambush style attacks. Most recently, 2 police officers in Florida were shot on April 18, 2018 while eating at a restaurant in what appeared to be an ambush shooting.[1]

According to the bill’s sponsor, “As a career law enforcement officer and sheriff of Jacksonville for 12 years, I know what officers go through every day when they put on their uniform, say goodbye to their families, and go out on the streets doing the important work of protecting our communities. With an uptick in ambush attacks on law enforcement, like we saw last month in Trenton, Florida, we must ensure that there are steep consequences for anyone who targets our law enforcement officers. The Protect and Serve Act will serve as a significant deterrent for anyone who deliberately targets officers with violence.”[2]

Amendments

1. Rep. Goodlatte (R-VA) – This manager’s amendment adds clarifying language so only those who cause injury to a law enforcement officer with intent, not by accident, can be charged under the statute. It also amends the definition of law enforcement officer to assure correctional officers are covered by the definition.

Cost

The Congressional Budget Office (CBO) estimates any increase in costs for law enforcement, court proceedings, or prison operations would not be significant, and any such spending would be subject to the availability of appropriated funds.

Staff Contact

For questions or further information please contact Jake Vreeburg with the House Republican Policy Committee by email or at 2-1374.