S2278-119

1. Short title This Act may be cited as the Graham Hoffman Act.

2. Crimes targeting first responders 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), knowingly assaults a first responder engaged in official duties causing serious bodily injury, or attempts to do so— shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— death results from the offense; or 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— the conduct described in subsection (a) occurs during the course of, or as the result of, the travel of the defendant or the victim— across a State line or national border; or using a channel, facility, or instrumentality of interstate or foreign commerce; the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subsection (a); 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; the conduct described in subsection (a)— interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or otherwise affects interstate or foreign commerce; or the victim is a Federal first responder. 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— the State does not have jurisdiction; the State has requested that the Federal Government assume jurisdiction; the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in protecting the public safety; or a prosecution by the United States is in the public interest and necessary to secure substantial justice. 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 first responder means— a firefighter, a law enforcement officer, or a member of a rescue squad or ambulance crew, as those terms are defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284); or an officially recognized or designated employee or volunteer member of a paramedic ALS intercept service that meet the requirements under section 410.40(d) of title 42, Code of Federal Regulations (or any successor regulation). 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 for chapter 7 of title 18, United States Code, is amended by adding at the end the following: 121.Crimes targeting first responders(a)In generalWhoever, in any circumstance described in subsection (b), knowingly assaults a first responder engaged in official duties causing serious bodily injury, 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.(b)Circumstances describedFor 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)the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subsection (a);(3)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;(4)the conduct described in subsection (a)—(A)interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or(B)otherwise affects interstate or foreign commerce; or(5)the victim is a Federal first responder.(c)Certification requirement(1)In generalNo 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 does not have jurisdiction;(B)the State has requested that the Federal Government assume jurisdiction;(C)the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in protecting the public safety; or(D)a prosecution by the United States is in the public interest and necessary to secure substantial justice.(2)Rule of constructionNothing 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.(d)DefinitionsIn this section:(1)First responderThe term first responder means—(A)a firefighter, a law enforcement officer, or a member of a rescue squad or ambulance crew, as those terms are defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284); or(B)an officially recognized or designated employee or volunteer member of a paramedic ALS intercept service that meet the requirements under section 410.40(d) of title 42, Code of Federal Regulations (or any successor regulation). (2)StateThe term State means a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States.. 121. Crimes targeting first responders..

121. Crimes targeting first responders Whoever, in any circumstance described in subsection (b), knowingly assaults a first responder engaged in official duties causing serious bodily injury, or attempts to do so— shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— death results from the offense; or 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— the conduct described in subsection (a) occurs during the course of, or as the result of, the travel of the defendant or the victim— across a State line or national border; or using a channel, facility, or instrumentality of interstate or foreign commerce; the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subsection (a); 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; the conduct described in subsection (a)— interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or otherwise affects interstate or foreign commerce; or the victim is a Federal first responder. 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— the State does not have jurisdiction; the State has requested that the Federal Government assume jurisdiction; the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in protecting the public safety; or a prosecution by the United States is in the public interest and necessary to secure substantial justice. 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 first responder means— a firefighter, a law enforcement officer, or a member of a rescue squad or ambulance crew, as those terms are defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284); or an officially recognized or designated employee or volunteer member of a paramedic ALS intercept service that meet the requirements under section 410.40(d) of title 42, Code of Federal Regulations (or any successor regulation). The term State means a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States.