S. 167 — Protect and Serve Act of 2025

This section establishes a new federal criminal offense (18 U.S.C. §120) for knowingly assaulting a law enforcement officer causing serious bodily injury, or attempting to do so, in specified circumstances. Penalties include imprisonment for not more than 10 years, a fine, or both; or imprisonment for any term of years or life, a fine, or both, if death results or the offense includes kidnapping or an attempt to kidnap or kill. The circumstances are that the conduct (1) occurs during or results from interstate or foreign travel by the defendant or victim; (2) uses a channel, facility, or instrumentality of interstate or foreign commerce; (3) employs a firearm, dangerous weapon, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; (4) interferes with the victim's commercial or economic activity or otherwise affects interstate or foreign commerce; or (5) involves a federal law enforcement officer as the victim. Federal prosecution requires written certification by the Attorney General (or designee) that (A) the state lacks jurisdiction, (B) the state has requested federal assumption of jurisdiction, (C) a state verdict or sentence left the federal interest in public safety unvindicated, or (D) federal prosecution is in the public interest and necessary for substantial justice. The section defines "law enforcement officer" to include any governmental employee authorized to prevent, detect, investigate, detain for, or incarcerate for criminal violations of law; and "state" to include states, the District of Columbia, and U.S. territories and possessions. It also makes a conforming amendment to the table of sections for 18 U.S.C. ch. 7.