Indianapolis – February 23, 2024. The Justice for Fallen Law Enforcement Act (S. 3767) amends the penalties for murdering, attempting to murder, or assaulting a Federal, State, or local law enforcement officer.
The Justice for Fallen Law Enforcement Act and similar Congressional bills have recently been introduced in response to the sharp rise in violence -including ambush attacks- being perpetrated on police officers. It’s not just shootings that have risen by double digits in recent years. Tens of thousands of law enforcement officers are stabbed, punched, kicked, assaulted with chemical weaponry, and struck with cars.
Current laws inadequately address this influx in attacks, especially when those acts are perpetrated against State and local police officers, who are protected under federal law only when involved with a federal case. While State and local police officers are covered by criminal laws in their respective states, these laws can be arbitrarily applied and are subject to the whims of prosecutors with political inclinations.
These amendments would be added to sections of Crimes and Criminal Procedure (Title 18) of the U.S. Code. The bill was introduced in February by Sen. Thomas Tillis (NC), is co-sponsored by Sens. Marsha Blackburn (TN) and John Cornyn (TX) and is currently in the Committee on the Judiciary. The bill’s text can be found here.
S. 3767 contains three key components.
A new penalty for causing serious injury to a Federal, State, or local police officer. The current penalty (Sec. 111) for assaulting, resisting, or impeding a Federal officer -or a State or local police officer assisting in a federal case- and causing harm, provides a maximum penalty of 20 years imprisonment.
The proposed bill adds an amendment to include a minimum penalty of 20 years imprisonment for assaulting an officer and causing serious harm. This protection would apply to Federal officers, as well as to State and local officers where the offender used an interstate act of commerce (for example, an interstate highway or railway) to perpetrate or plan the act, or used a weapon that passed through an interstate act of commerce.
A new penalty for the murder of a Federal, State, or local police officer. The bill also adds an amendment to read that murdering a Federal officer, or State or local police officer (where an offender used a tool or weapon of interstate act of commerce) would be guilty of first degree murder. The penalty carries the death penalty or a term of life imprisonment.
The submission of an accountability report to Congress. Within three years of the bill’s enactment, the Attorney General would be obligated to submit a report to the Senate Committee on the Judiciary and House Committee on the Judiciary. It would contain information about prosecutions as they relate to the amendments provided in this bill.
Enhancing penalties for murdering or assaulting a police officer would serve as a severe deterrent, help keep violent offenders off the streets, and signal that assaulting police officers will not be tolerated in a nation founded on laws. The required report would help ensure that the bill is being applied as intended.
We thank Sens. Tillis, Blackburn, and Cornyn for introducing the Justice for Fallen Law Enforcement Act and request that the Senate prioritize it.
About The National Police Association: The National Police Association is a 501(c)3 non-profit Educational/Advocacy organization. For additional information visit NationalPolice.org
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