Protect and Serve Act of 2026
- Sponsor
- Sen. Tillis, Thomas [R-NC]
- Committees
- Judiciary Committee (primary)
- Last action
- Aug 3, 2026
Bottom line
The bill establishes new federal penalties for crimes targeting law enforcement officers, aiming to enhance protections for officers and provide federal prosecutorial options under specific circumstances.
What it actually does
This bill amends title 18, United States Code, to create new federal crimes for individuals who willfully and with intent to kill a law enforcement officer solely because of their status, either kill the officer or attempt to kill them causing serious bodily injury. It establishes federal jurisdictional triggers for these crimes and requires a written certification from the Attorney General for federal prosecution, considering factors such as state prosecution outcomes and public interest.
Proponents argue
Supporters argue this bill provides essential federal tools to deter violence against law enforcement officers and ensure justice for attacks motivated by an officer's official status. They contend that existing state laws may not always adequately address the unique nature of these crimes or provide the necessary federal resources for investigation and prosecution, especially in cases with interstate elements.
Opponents contend
Opponents might argue that existing state and federal laws already adequately cover assaults and murders of law enforcement officers, making this bill redundant. They may also raise concerns about potential federal overreach into cases traditionally handled by states, or the risk of disproportionate sentencing and the broad discretion granted to the Attorney General.
The bill is very short and straightforward, allowing for a quick and comprehensive understanding of its provisions.
Section 2(a), adding new 18 U.S.C. 120(a)
Federal Crime for Killing or Attempting to Kill a Law Enforcement Officer
This provision establishes a new federal crime for anyone who willfully and with intent to kill a law enforcement officer, solely because of their status, either kills the officer or attempts to kill them causing serious bodily injury. Penalties include imprisonment for any term of years or life for killing, and up to 20 years for attempted killing with serious bodily injury, along with potential fines.
Supporters argue
Supporters argue this provision sends a strong message that attacks on law enforcement will be met with severe federal consequences, deterring such crimes and providing a robust legal framework to protect those who serve.
Critics contend
Critics might argue that existing federal statutes (e.g., murder, assault with a deadly weapon) and state laws already cover these acts, and creating a specific federal crime based on victim status could lead to disparate application of justice or federal overreach.
Tradeoffs
The tension lies between providing specific federal protection for law enforcement and potentially duplicating or complicating existing state and federal criminal statutes. It also raises questions about federalism and the appropriate division of prosecutorial authority.
Section 2(a), adding new 18 U.S.C. 120(b)
Federal Jurisdiction Triggers
This section outlines the specific circumstances under which the new federal crime can be prosecuted. These include cases involving interstate travel by the defendant or victim, use of interstate commerce channels, use of weapons that have traveled in interstate commerce, interference with commercial activity, or if the victim is a federal law enforcement officer, ensuring a federal nexus.
Section 2(a), adding new 18 U.S.C. 120(c)
Attorney General Certification for Federal Prosecution
This provision requires a written certification from the Attorney General or a designee before any prosecution under this new section can proceed. Certification is granted if a State requests federal jurisdiction or if federal prosecution is deemed in the public interest to secure substantial justice, considering factors like the state verdict/sentence, premeditation, disregard for human life, and public safety benefit.