Protect and Serve Act of 2018
Floor Speech
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Mr. GOODLATTE. 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 purposes, and ask for its immediate consideration.
The Clerk read the title of the bill.
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Mr. GOODLATTE. 5698 may be subject to postponement as though under clause 8 of rule XX.
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Mr. GOODLATTE. 5698.
On October 15, 1991, the National Law Enforcement Officers Memorial was dedicated to honor Federal, State, and local law enforcement officers who have made the ultimate sacrifice for the safety and protection of our Nation and its people.
The memorial features two curving, 304-foot-long, blue-gray marble walls. Carved on these walls are the names of more than 21,000 officers who have been killed in the line of duty throughout U.S. history, dating back to the first known death in 1791.
Each spring, law enforcement officers from around the country gather in Washington, D.C., for Peace Officers Memorial Day. For a week, these men and women attend events to celebrate and honor those law enforcement officers who have made the ultimate sacrifice. Each year, there is a memorial service in which the names of fallen officers are added to the long, curving marble walls of the memorial. Unfortunately, the list of names keeps growing and shows no signs of slowing down.
That is why today I am pleased we are considering the Protect and Serve Act. This bill is designed to ensure those who seek to harm police officers face swift and certain justice.
In recent years, the brave and dedicated men and women in blue who serve our communities are facing increased levels of hostility and violence. The increasing levels of hostility towards the law enforcement community have given rise to an increase in ambush-style attacks on police officers.
In 2016 alone, 64 police officers were shot and killed in the line of duty, 21 of whom were killed in ambush-style attacks. According to CNN, in the first 17 weeks of this year, 21 law enforcement officers across the U.S. have been shot and killed in the line of duty. That averages out to more than one death every week.
Only a few weeks ago, on April 19, 2018, two sheriff's deputies were gunned down and killed in a suspected ambush while they were eating at a restaurant in Gainesville, Florida.
To address this threat to the brave police, who put their lives on the line each day across our country, the Protect and Serve Act allows for Federal prosecution of criminals who knowingly assault law enforcement officers and cause serious bodily harm or attempt to do so. This bill applies to both Federal law enforcement officers and State and local officers where there is a nexus to interstate commerce.
Importantly, Mr. Speaker, this legislation recognizes that most often these crimes are wholly within the jurisdiction of a State to prosecute. Therefore, in addition to other requirements in the bill to ensure a Federal connection, H.R. 5698 states specifically that prosecution under this new statute may only be pursued if the Attorney General certifies that, one, the State does not have jurisdiction; two, the State has requested that the Federal Government assume jurisdiction; three, the verdict or sentence obtained pursuant to State charges left demonstrably unvindicated the Federal interest in protecting the public safety; or, four, a prosecution by the United States is in the public interest and necessary to secure substantial justice.
This is a critical part of the bill. It will ensure that the Federal power is reserved for particularly egregious cases.
At the dedication of the National Law Enforcement Officers Memorial, President George H. W. Bush aptly stated: ``Carved on these walls is the story of America, of a continuing quest to preserve both democracy and decency, and to protect a national treasure that we call the American Dream.''
Today, we continue to recognize this special role police officers play in our society. The Protect and Serve Act sends a uniform message that our country will not tolerate attacks on police which purposefully attempt to undermine the State, sow chaos in our communities, and wreck the lives of many of our finest citizens and their families.
I urge my colleagues to send a uniform message today by addressing the grave crisis threatening both our communities and the brave men and women in blue who put their lives on the line each day.
I would like to thank my Judiciary Committee colleagues, especially career law enforcement officers Sheriff Rutherford and Chief Demings, for sponsoring this bill. In addition, I want to thank Congressman Buck for his years of tireless work to ensure that those who target law enforcement officers are punished.
Finally, I want to recognize the police organizations who have worked with us so diligently on this and many other bills, including the Fraternal Order of Police, the National Association of Police Organizations, the Major County Sheriffs of America, the National Sheriffs' Association, the Federal Law Enforcement Officers Association, and the Sergeants Benevolent Association, among many others. I thank them. We all salute them for their steadfast commitment and dedicated service.
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Mr. GOODLATTE. Mr. Speaker, it is my honor to yield such time as he may consume to the gentleman from Louisiana (Mr. Scalise), a gentleman who can speak well of the role that law enforcement officers play in saving lives. He is the chief majority whip of the House of Representatives.
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Mr. GOODLATTE. Mr. Speaker, I include in the Record letters from the National Fraternal Order of Police dated May 9, 2018; the National Association of Police Organizations, Inc., dated May 16, 2018; the Sergeants Benevolent Association, dated May 8, 2018; and the National Sheriffs' Association, dated May 7, 2018, all endorsing this legislation. National Fraternal Order of Police, Washington, DC, 9 May 2018. Hon. Paul D. Ryan, Speaker of the House, House of Representatives, Washington, DC. Hon. Kevin O. McCarthy, Majority Leader, House of Representatives, Washington, DC. Hon. Nancy P. Pelosi, Minority Leader, House of Representatives, Washington, DC. Hon. Steny H. Hoyer, Minority Whip, House of Representatives, Washington, DC.
Dear Mr. Speaker and Representatives McCarthy, Pelosi and Hoyer: I am writing on behalf of the members of the Fraternal Order of Police to advise you of our strong support for H.R. 5698, the ``Protect and Serve Act,'' which was favorably reported by the House Committee on the Judiciary earlier today and to urge that it be considered next week during National Police Week.
The legislation, introduced by Representative John H. Rutherford (R-FL), a former sheriff, and Val V. Demings (D- FL), a former police chief, would impose Federal penalties on individuals who deliberately target local, State or Federal law enforcement officers with violence. This year 87 officers have been shot in the line of duty and 28 of them were killed. Far too many of these murdered officers were slain in ambush as was the case with Sergeant Noel Ramirez and Deputy Sheriff Taylor Lindsey of the Gilchrist County Sheriff's Department in Florida. These two officers were having lunch together when they were assassinated by a man who fired through the restaurant's window to kill them before turning the weapon on himself. Similarly, the violent transnational criminal organization MS-13 called for the assassinations of police officers in New York so the gang could ``take back the streets''--a move clearly intended to intimidate the men and women in uniform.
Ambush attacks like this are increasing at an alarming rate. A report issued by the Federal Bureau of Investigation on the motivations of cop-killers revealed that many of these attacks are motivated by a hatred or animus toward law enforcement officers. This same report stated that these killers felt that the communities and elected officials no longer supported their officers and they would not face serious penalties for their actions. We must change this perspective and we believe the ``Protect and Serve Act'' will do just that.
We appreciate, as always, your leadership and your support for law enforcement officers and the families of those who fell in the line of duty. As our nation comes together to honor these heroes during National Police Week, I hope the House will consider taking this legislation up on the floor and passing it.
On behalf of the more than 335,000 members of the Fraternal Order of Police, thank you for considering our view on this important legislation. If I can provide any additional support for this bill or on any other matter, please do not hesitate to contact me or my Senior Advisor, Jim Pasco, in my Washington, D.C. office. Sincerely, Chuck Canterbury, National President. ____ National Association of Police Organizations, Inc., Alexandria, Virginia, May 16, 2018. House of Representatives, Washington, DC.
Dear Members of Congress: On behalf of the National Association of Police Organizations (NAPO), I am writing to you to advise you of our strong support for H.R. 5698, the Protect and Serve Act.
NAPO is a coalition of police units and associations from across the United States that serves to advance the interests of America's law enforcement through legislative and legal advocacy, political action, and education. Founded in 1978, NAPO now represents more than 1,000 police units and associations, 241,000 sworn law enforcement officers, and more than 100,000 citizens who share a common dedication to fair and effective crime control and law enforcement.
The Protect and Serve Act of 2018 provides for new criminal provisions for deliberate, targeted attacks on officers. This bill is critical, as there is a serious and growing trend of armed attacks on law enforcement officers. According to a December 2017 report from the Office of Community Oriented Policing Services (COPS) and the National Law Enforcement Officers Memorial Fund, 2016 saw a significant increase in ambush attacks on unsuspecting officers, with 21 shot and killed. 61% of those officers were not answering a call for service or engaged in enforcement action or performing official duties--they were targeted and killed just for the uniform they wore. 12 officers were murdered sitting in their patrol cars.
NAPO has long been fighting to establish stricter penalties for those who harm or target for harm law enforcement officers. Any persons contemplating harming an officer must know that they will face serious punishments. NAPO strongly believes that increased penalties make important differences in the attitudes of criminals toward public safety officers, and ensure protection for the community.
On May 13th, 360 American law enforcement heroes, who gave their lives in the line of duty, were honored at the 30th Annual Candlelight Vigil. In memory of those officers and in the hope of ensuring there are fewer names added to the memorial walls next year, we ask that you join us in supporting H.R. 5698, the Protect and Serve Act. Sincerely, William J. Johnson, Esq., CAE, Executive Director. ____ Sergeants Benevolent Association, Police Department, City of New York, New York, NY, May 8, 2018. Hon. Robert Goodlatte, Chairman, House Committee on the Judiciary, House of Representatives, Washington, DC. Hon. Jerrold Nadler, Ranking Member, House Committee on the Judiciary, House of Representatives, Washington, DC.
Dear Mr. Chairman and Representative Nadler: I am writing on behalf of the more than 13,000 members of the Sergeants Benevolent Association of the New York City Police Department (SBA) to thank you for scheduling the markup of the ``Protect and Serve Act.'' The SBA strongly supports this important officer safety legislation and we respectfully request that the Committee advance it to the full House of Representatives as expeditiously as possible.
Unfortunately for law enforcement officers today, it is a simple fact that they must maintain constant vigilance to the threats posed by those who seek to do them harm for nothing more than the badge and uniform they wear. It is a vigilance borne out of what we have seen in recent years, as far too many officers have made the ultimate sacrifice at the hands of cowardly criminals who have intentionally targeted law enforcement officers for violence. Last month's ambush attack in Gilchrist, Florida that claimed the lives of Sgt. Noel Ramirez and Deputy Taylor Lindsey is just the latest example of the rise in violence carried out on federal, state, and local law enforcement. We have seen similar attacks in Baton Rouge and Dallas in 2016, as well as the assassination of our own NYPD Officers Rafael Ramos and Wenjian Liu in December 2014. According to a recent joint study conducted by the COPS Program and the National Law Enforcement Officers Memorial Fund, between 2010-2016 there were 81 officers killed in ambush-style attacks--targeted specifically because they were uniformed police or deputies. Of this number, 25 of the officers attacked were responding to a call for service at the time of the ambush. Because these types of attacks threaten to unravel the basic social fabric of our Nation-- the rule of law--they must be met with the harshest of penalties.
It is for these reasons and many others that our organization is proud to support the ``Protect and Serve Act,'' which will help to address the rise in attacks on, and increase the protection of, state and local law enforcement. Specifically, the bill aims to combat targeted violence against law enforcement officers by creating a new federal crime for perpetrating, or attempting to perpetrate, deliberate acts of violence against federal, state, and local law enforcement officers. It would also permit the U.S. Department of Justice (DOJ) to assume jurisdiction and prosecute these heinous attacks on law enforcement in those instances where the state has requested that DOJ assume jurisdiction, or where federal prosecution is in the public interest in order to secure justice. Penalties under the act would range from up to 10 years in federal prison to a life sentence if death results from the offense, or the offense involved kidnapping, attempted kidnapping, or an attempt to kill.
On behalf of the membership of the Sergeants Benevolent Association, thank you again for your consideration of this important legislation. Please do not hesitate to contact me, or our Washington Representatives, if we can be of any further assistance. Sincerely, Ed Mullins, President. ____ National Sheriffs' Association, Alexandria, VA, May 7, 2018. Congressman John Rutherford, House of Representatives, Washington, DC.
Dear Representative Rutherford: On behalf of the National Sheriffs' Association (NSA) and the more than 3,000 elected sheriffs nationwide, we write to endorse The Protect and Serve Act of 2018. We believe that your proposal of this bill is necessary and vitally important to the safety and protection of our country's federal, state, and local law enforcement.
Each day deputies and officers put their lives on the line to protect and serve their communities. They are the mainstays of our communities, and should be treated with respect. Egregious acts such as targeting, injuring, or killing a law enforcement officer should be punishable to the highest degree according to the severity of the crime.
The National Sheriffs' Association strongly supports The Protect and Serve Act of 2018 as it works to punish individuals who commit crimes targeting law enforcement officers. We believe this bill is an essential to further defend the safety of our nation's law enforcement officers. Sincerely, Jonathan F. Thompson, Executive Director and CEO.
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Mr. GOODLATTE. Mr. Speaker, I am prepared to close, and I reserve the balance of my time.
I just want to make it very clear how important this legislation is for protecting law enforcement officers because it sends a message that we are going to handle these cases in a new way.
Some have criticized this bill, claiming that it is a hate crime. While I share those individuals' concerns about Federal hate crime statutes, I am pleased to tell the Members of this Congress that this bill before us did not create a new Federal hate crime. That is because the legislation does not use the language from the hate crime statute that requires the government prove the defendant acted ``because of the actual or perceived'' status of the victim.
What this bill does is penalize knowingly attacking a law enforcement officer. Given the increase in ambush-style attacks on law enforcement, which was detailed earlier, this bill represents a solution to a growing problem: the killing of police officers. It is narrowly tailored to accomplish that goal.
Therefore, I want to assure those Members who may be concerned about its intent that it is definitely not changing our Federal hate crime statutes.
This legislation this week, National Police Week, sends an important signal not just to our Nation's law enforcement officers, 900,000 strong, but far beyond that, to all Americans, that we are placing a very, very high priority on saving the lives of men and women who put their lives on the line to protect us, to protect our freedoms, to protect our opportunities, to protect our families, to protect our communities, and making sure that people who ambush police officers and take police officers' lives are held fully accountable, which is what this bill does. It is a good bill. It is an important bill. I urge my colleagues to support it.
This amendment makes two small, but important changes to the underlying legislation.
It first clarifies the language of the bill to assure those who are prosecuted are acting with some level of intent in injuring a police officer. It does this by changing the language from ``knowingly causing serious bodily injury to a law enforcement officer'' to ``knowingly assaults a law enforcement officer causing serious bodily harm.'' This change will avoid covering situations where someone unintentionally harms a police officer.
The amendment also amends the definition of law enforcement officer to ensure it covers all law enforcement officers who are putting themselves in harm's way each day, including corrections officers.
Mr. Speaker, this amendment is important because it ensures that, in practice, this statute can be used more efficiently to protect law enforcement officers. It also ensures that nobody who wears a badge will be unintentionally excluded from the bill's protections.
Mr. Speaker, I urge my colleagues to support this amendment, and I reserve the balance of my time.
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Mr. GOODLATTE. Mr. Speaker, that is good news, and I yield back the balance of my time
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Mr. GOODLATTE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
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