Protect and Serve Act of 2026

New federal crime for killing officers

This bill would create a new federal crime for willfully killing a law enforcement officer because of the officer's status. A person who kills such an officer would face any term of years or life in prison and fines. A person who attempts to kill an officer and causes serious bodily injury would face up to 20 years in prison and fines. Federal jurisdiction would apply if any one of five things is true: the act crossed state or national lines or used interstate commerce channels; interstate commerce was used in connection with the act; the weapon used traveled in interstate commerce; the conduct interfered with or affected interstate or foreign commerce or the victim's economic activity; or the victim was a Federal law enforcement officer. The Attorney General (or a designee) would have to give a written certification before the United States may prosecute unless a State asks the federal government to take the case. That certification would have to follow the bill's standards, including considering state verdicts or sentences, planning and premeditation, intended outcome, disregard for human life with collateral harm, and public safety benefits. The certification rule would not stop federal officers or a federal grand jury from investigating possible violations.