Text: S.4662 — 116th Congress (2019-2020)All Information (Except Text)

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Introduced in Senate (09/23/2020)

 
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4662 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4662

  To amend title 18, United States Code, to criminalize blocking law 
enforcement officers who have been injured by a criminal act or in the 
        line of duty from accessing emergency medical services.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 23, 2020

  Mr. Graham introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 18, United States Code, to criminalize blocking law 
enforcement officers who have been injured by a criminal act or in the 
        line of duty from accessing emergency medical services.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Penalizing Radicals and Others who 
Thwart Emergency Care and Transportation for Law Enforcement Officers 
Act of 2020'' or the ``PROTECT Law Enforcement Officers Act of 2020''.

SEC. 2. PREVENTING LAW ENFORCEMENT OFFICERS FROM ACCESSING EMERGENCY 
              MEDICAL SERVICES.

    (a) In General.--Chapter 7 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 120. Preventing law enforcement officers from accessing 
              emergency medical services
    ``(a) Definitions.--In this section--
            ``(1) the term `emergency medical services'--
                    ``(A) means any health care services provided under 
                emergency conditions; and
                    ``(B) includes--
                            ``(i) any personnel, facilities, and 
                        equipment needed for the effective provision of 
                        services described in subparagraph (A); and
                            ``(ii) transportation to, from, or between 
                        facilities for the provision of services 
                        described in subparagraph (A);
            ``(2) the term `law enforcement officer' means--
                    ``(A) any officer, agent, or employee of a State, 
                unit of local government, or Indian Tribe authorized by 
                law or by a government agency to engage in or supervise 
                the prevention, detection, or investigation of any 
                criminal violation of law, including such an individual 
                who is employed or volunteers in a full-time, part-
                time, or auxiliary capacity; and
                    ``(B) a Federal law enforcement officer, as defined 
                in section 115; and
            ``(3) the term `line of duty injury' means--
                    ``(A) an injury sustained in the course of--
                            ``(i) performance of line of duty activity 
                        or a line of duty action; or
                            ``(ii) authorized commuting; or
                    ``(B) any injury not described in subparagraph (A) 
                if the injury was brought about by the hostile action 
                of an individual where--
                            ``(i) the individual knew the injured party 
                        was a law enforcement officer; and
                            ``(ii) nothing motivated the hostile action 
                        to so great a degree as did--
                                    ``(I) the status of the injured 
                                party as a law enforcement officer; or
                                    ``(II) retaliation for line of duty 
                                activity or a line of duty action 
                                performed by any law enforcement 
                                officer.
    ``(b) Offense.--
            ``(1) In general.--It shall be unlawful, in any 
        circumstance described in subsection (d), to knowingly prevent, 
        or attempt to prevent, a law enforcement officer from 
        immediately accessing emergency medical services in response to 
        suffering--
                    ``(A) bodily injury resulting from a criminal act; 
                or
                    ``(B) a line of duty injury.
            ``(2) Proof requirements.--In a prosecution under paragraph 
        (1), the Government shall not be required to prove knowledge by 
        the defendant that the law enforcement officer suffered bodily 
        injury resulting from a criminal act or a line of duty injury.
    ``(c) Penalties.--Any person who violates subsection (b)--
            ``(1) shall be fined under this title, imprisoned for not 
        more than 20 years, or both; and
            ``(2) if the law enforcement officer dies as a result of 
        the failure to receive timely emergency medical services, shall 
        be fined under this title, imprisoned for any term of years or 
        for life, or both.
    ``(d) Circumstances Described.--The circumstances described in this 
subsection are that--
            ``(1) the conduct described in subsection (b) occurs during 
        the course of, or as the result of, the travel of the defendant 
        or the law enforcement officer--
                    ``(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 (b);
            ``(3) in connection with the conduct described in 
        subsection (b), the defendant employs a firearm, dangerous 
        weapon, explosive or incendiary device, or other weapon that 
        has traveled in interstate or foreign commerce; or
            ``(4) the conduct described in subsection (b) otherwise 
        affects interstate or foreign commerce.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 7 of title 18, United States Code, is amended by adding at the 
end the following:

``120. Preventing law enforcement officers from accessing emergency 
                            medical services.''.
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