Protect and Serve Act of 2025

Chapter 7 of title 18, United States Code, is amended by adding at the end the following:

Whoever, in any circumstance described in subsection (b), willfully causes serious bodily injury to a person because of that person’s status as a law enforcement officer, 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.

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) 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;

(3) the conduct described in subsection (a) occurs on Federal property or in interference of Federal actors; and

(4) the victim is a Federal law enforcement officer.

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. To determine whether a prosecution meets this standard, the Attorney General shall consider:

(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.

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.

In this section:

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.

The term State means a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States.

The table of sections at the beginning of such chapter is amended by adding at the end the following new item: