H.R. 5698House115th Congress (2017-2019)Passed House

Protect and Serve Act of 2018

Introduced May 8, 2018

AI-Generated Summary

Updated April 15, 2026 at 9:36 PM UTC

The Protect and Serve Act of 2018 creates a new federal crime for assaulting a law‑enforcement officer that causes serious bodily injury. It sets up up to ten years in prison (or a life sentence if death, kidnapping, or an attempt to kill occurs) and applies when the assault involves interstate commerce, crossing state lines, use of a weapon, or affects economic activity. The law also requires the Attorney General’s written certification before the federal government can prosecute, unless certain conditions about state jurisdiction are met.

Key Provisions

  • Adds a new Section 120 to Title 18, making it a federal offense to knowingly assault a law‑enforcement officer causing serious injury, with a maximum of 10 years in prison, or life imprisonment if death, kidnapping, or attempted killing occurs.
  • The offense applies when the assault happens across state lines, uses interstate commerce channels, involves a firearm or other weapon that traveled in interstate commerce, or interferes with commercial activity, and also covers assaults on federal officers.
  • Federal prosecution is allowed only after the Attorney General (or designee) certifies in writing that the state lacks jurisdiction, the state has asked for federal takeover, the state outcome left a federal interest unprotected, or the prosecution serves the public interest.
  • Defines “law‑enforcement officer” broadly to include any government employee authorized to prevent, detect, investigate, detain, or incarcerate persons for criminal violations.

Legislative Activity

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17 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

May 17, 2018

View full timeline
HouseIntro Referral

Introduced in House

May 8, 2018

HouseIntro Referral

Referred to the House Committee on the Judiciary.

May 8, 2018

HouseCommittee

Committee Consideration and Mark-up Session Held.

May 9, 2018

HouseCommittee

Ordered to be Reported by Voice Vote.

May 9, 2018

HouseCommittee

Reported by the Committee on Judiciary. H. Rept. 115-672.

May 11, 2018

HouseCalendars

Placed on the Union Calendar, Calendar No. 517.

May 11, 2018

HouseFloor

Rules Committee Resolution H. Res. 891 Reported to House. The resolution provides for 1 hour of general on all three bills. For H.R. 5698 and H.R. 2, the resolution provides for consideration under a structured rule. For S. 2372, the resolution provides for consideration under a closed rule. Finally, the resolution provides for one motion to recommit with or without instructions on all three bills.

May 15, 2018 • 8:24 PM

HouseFloor

Considered under the provisions of rule H. Res. 891. (consideration: CR H4009-40014; text of measure as reported in House: CR H4009)

May 16, 2018 • 3:11 PM

HouseFloor

The resolution provides for 1 hour of general on all three bills. For H.R. 5698 and H.R. 2, the resolution provides for consideration under a structured rule. For S. 2372, the resolution provides for consideration under a closed rule. Finally, the resolution provides for one motion to recommit with or without instructions on all three bills.

May 16, 2018 • 3:12 PM

HouseFloor

ORDER OF BUSINESS - Mr. Goodlatte asked unanimous consent that the question of adopting the amendment H.R. 5698 may be subject to postponement as though under clause 8 of rule 20.

May 16, 2018 • 3:12 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 5698.

May 16, 2018 • 3:13 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 891, the House proceeded with 10 minutes of debate on the Goodlatte amendment No. 1.

May 16, 2018 • 3:42 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 5698, the Chair put the question on passage of the bill and by voice vote announced the ayes had prevailed. Mr. Goodlatte demanded the yeas and nays and the Chair postponed further proceedings on passage of H.R. 5698 until later in the legislative day.

May 16, 2018 • 3:45 PM

HouseFloor

Considered as unfinished business. (consideration: CR H4057)

May 16, 2018 • 6:13 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 382 - 35 (Roll no. 188).

May 16, 2018 • 6:36 PM

HouseFloor

On passage Passed by the Yeas and Nays: 382 - 35 (Roll no. 188).

May 16, 2018 • 6:36 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

May 16, 2018 • 6:36 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

May 17, 2018

Floor Debate

22 members

What members said about H.R. 5698 on the floor

6 Republicans16 Democrats
James P. McGovern
Rep. James P. McGovernD-MA-2 · May 16, 2018

Mr. Speaker, pursuant to section 426 of the Congressional Budget and Empowerment Control Act of 1974, I make a point of order against consideration of the rule, House Resolution 891. Section 426 of…

Rob Woodall
Rep. Rob WoodallR-GA-7 · May 16, 2018

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 891 and ask for its immediate consideration. Mr. Speaker, I claim time in opposition to the point of order and in favor…

Kevin McCarthy
Rep. Kevin McCarthyR-CA-23 · May 10, 2018

Mr. Speaker, on Monday, no votes are expected in the House. On Tuesday, the House will meet at noon for morning hour and 2 p.m. for legislative business. Votes will be postponed until 6:30 p.m. On…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · May 10, 2018

Mr. Speaker, I yield to the gentleman from California (Mr. McCarthy) for the purpose of inquiring of the majority leader the schedule for the week to come. (Mr. McCARTHY asked and was given…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-10 · May 16, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the Protect and Serve Act, while rooted in laudable goals, will not strengthen protections for law enforcement officers, and it…

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Bob Goodlatte
Rep. Bob GoodlatteR-VA-6 · May 16, 2018

Mr. Speaker, pursuant to House Resolution 891, I call up the bill (H.R. 5698) to amend title 18, United States Code, to punish criminal offenses targeting law enforcement officers, and for other…

Jared Polis
Rep. Jared PolisD-CO-2 · May 16, 2018

Mr. Speaker, I want to draw attention to provisions of this bill which attack bedrock environmental laws and recklessly promote logging over clean water, recreation, and wildlife. In a district like…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · May 16, 2018

Mr. Speaker, I was honored just a few minutes ago to be on the floor of the House with the chairman of the committee, Mr. Goodlatte; the ranking member, Mr. Nadler; the proponent of this bill, Mr.…

Lisa Blunt Rochester
Rep. Lisa Blunt RochesterD-DE · May 16, 2018

Mr. Speaker, I rise in opposition to the rule and the underlying bill. I originally had some things written down on paper, but based on the last comments, I just want to echo the sentiments of my…

John H. Rutherford
Rep. John H. RutherfordR-FL-4 · May 16, 2018

Mr. Speaker, I thank Chairman Goodlatte and Representative Nadler for their support of this legislation. Mr. Speaker, I rise today in strong support of H.R. 5698, the Protect and Serve Act of 2018.…

Conor Lamb
Rep. Conor LambD-PA-18 · May 16, 2018

Mr. Speaker, the VA MISSION Act is a good bill. I support it. For too long, our veterans could really question whether this government means it when we say that we value their service. We cannot…

Timothy J. Walz
Rep. Timothy J. WalzD-MN-1 · May 16, 2018

Mr. Speaker, I thank my friend from Massachusetts and my friend from Georgia. We are going to see some camaraderie down here. I agree with the gentleman on this. And I thank Mr. Lamb for pointing out…

Steve Scalise
Rep. Steve ScaliseR-LA-1 · May 16, 2018

Mr. Speaker, I thank the gentleman from Virginia for yielding. I thank my colleague from Florida for bringing forward this important bill, the Protect and Serve Act, and especially, Mr. Speaker, as…

Show 9 more
Peter Welch
Rep. Peter WelchD-VT · May 16, 2018

Mr. Speaker, this farm bill is outrageous. What it is doing is breaking what has been traditionally a bipartisan commitment to including a nutrition title that helps people in all of our districts…

Greg Walden
Rep. Greg WaldenR-OR-2 · May 16, 2018

Mr. Speaker, I rise today in support of the rule and the good work that was done there and the VA MISSION Act, which improves access to care for our veterans, funds the Choice Program, and expands…

David N. Cicilline
Rep. David N. CicillineD-RI-1 · May 16, 2018

Mr. Speaker, I rise in opposition to the rule and the underlying Republican farm bill, which could devastate working families, seniors, and the vulnerable who rely on food assistance. Currently, more…

Bradley Scott Schneider
Rep. Bradley Scott SchneiderD-IL-10 · May 16, 2018

Mr. Speaker, I rise today in strong opposition to the cruel and partisan safety net cuts masquerading as the farm bill. The farm bill has long been a partisan cause, offering assistance and security…

Eliot L. Engel
Rep. Eliot L. EngelD-NY-16 · May 16, 2018

Mr. Speaker, I thank my colleague, and I rise in opposition to the rule. SNAP is a lifeline for 40 million low-income Americans and millions of working families. It is the most effective antihunger…

Brenda L. Lawrence
Rep. Brenda L. LawrenceD-MI-14 · May 16, 2018

Mr. Speaker, I rise today to speak out against this terrible farm bill. Mr. Speaker, we were working together, Democrats and Republicans, to work on a farm bill. Unfortunately, the Republicans are…

Anthony G. Brown
Rep. Anthony G. BrownD-MD-4 · Jun 26, 2018

Mr. Speaker, from May 15, 2018 until May 22, 2018, I was absent from the House of Representatives. Had I been present, I would have voted in the following manner: H.R. 613, Lieutenant Osvaldo…

Frederica S. Wilson
Rep. Frederica S. WilsonD-FL-24 · May 16, 2018

Mr. Speaker, had I been present, I would have voted ``nay'' on rollcall No. 188.

Norma J. Torres
Rep. Norma J. TorresD-CA-35 · May 16, 2018

Mr. Speaker, I demand a recorded vote.

Bill Text

4 versions available

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Latest
Referred in SenateIssued May 17, 2018

IIB

115th CONGRESS

2d Session

H. R. 5698

IN THE SENATE OF THE UNITED STATES

May 17, 2018

Received; read twice and referred to the Committee on the Judiciary

AN ACT

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 2018.

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), 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.

.

Passed the House of Representatives May 16, 2018.

Karen L. Haas,

Clerk.