S. 5214 – Protect and Serve Act of 2026

AI-Generated Summary

Updated August 7, 2026 at 11:48 PM UTC

The Protect and Serve Act of 2026 adds a new federal offense that targets attacks on law‑enforcement officers, especially when the crime involves interstate travel, commerce, or weapons. It sets severe prison terms for killing or attempting to kill an officer because of their status, and requires the Attorney General’s written approval before the federal government can bring a case, unless a state requests federal jurisdiction. The bill defines who counts as a law‑enforcement officer and clarifies the scope of “State.”

Key Provisions

Creates a new federal crime (Section 120, Title 18) that makes it illegal to kill a law‑enforcement officer with the intent to kill because of the officer’s status; penalties are any term of imprisonment up to life, or a fine, and up to 20 years for an attempted killing that causes serious injury.
The offense applies when the act occurs during travel across state lines or a national border, uses any interstate or foreign‑commerce channel, involves a weapon that traveled in commerce, interferes with commercial activity, or when the victim is a federal law‑enforcement officer.
The federal government may only prosecute after a written certification by the Attorney General (or designee) that either the state has asked the federal government to take over the case or that a federal prosecution is in the public interest and necessary for substantial justice, using a list of factors such as prior state verdict, planning, intent, disregard for life, and public‑safety benefit.
Provides definitions for “law enforcement officer” (any government employee authorized to prevent, detect, investigate, detain, or incarcerate for criminal violations) and “State” (any U.S. state, D.C., territory, or possession).

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

August 3, 2026

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SenateIntro Referral

Introduced in Senate

August 3, 2026

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

August 3, 2026

Bill Text

Latest available legislative text

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Introduced in SenateIssued August 3, 2026

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.

.