PolicyBrief
S. 166
119th CongressJan 21st 2025
Justice for Fallen Law Enforcement Act
IN COMMITTEE

The Justice for Fallen Law Enforcement Act increases the penalties for harming or killing law enforcement officers, and it mandates a report on the prosecutions resulting from this act.

Thom Tillis
R

Thom Tillis

Senator

NC

LEGISLATION

New Bill Cracks Down on Crimes Against Cops with 20-Year Minimum Sentences, Expands Federal Power

This new bill, called the "Justice for Fallen Law Enforcement Act," significantly ramps up penalties for crimes against law enforcement officers, and it's raising some serious questions about federal overreach.

Stiffer Sentences, Broader Reach

The core of the bill is a new mandatory minimum sentence: anyone who commits an "act against" a law enforcement officer (federal, state, or local) that results in "serious injury" faces a minimum of 20 years in prison. This applies if the act involves interstate commerce or a weapon that's crossed state lines. Murdering a law enforcement officer, under the same interstate conditions, is automatically treated as first-degree murder. What does 'interstate commerce' mean in practice? It could be as simple as using a phone made in another state during the commission of a crime.

Real-World Impact: From Protests to Prison?

Let's say there's a protest against police brutality. Things get heated, and someone shoves an officer, who falls and breaks their arm. That could be a 20-year sentence under this law, especially if the protestor organized online (crossing state lines via the internet) or had a sign made out-of-state. The bill doesn't define "act against," leaving it wide open to interpretation. A verbal threat? Resisting arrest? It's unclear, and that ambiguity is a problem.

Consider also a scenario involving a traffic stop. An individual, frustrated with what they perceive as an unjust stop, gets into a physical altercation with the officer. If the officer sustains a 'serious injury' (undefined in the bill) and a weapon that crossed state lines is involved, the mandatory 20-year minimum applies. This could remove judicial discretion to consider mitigating circumstances.

The Federal Government Steps In

Traditionally, crimes against state and local law enforcement are handled by the states. This bill significantly expands federal jurisdiction. If a weapon ever crossed a state line (which, let's be real, most have), the feds can step in. This could lead to the federal government taking over cases that should be handled locally, potentially straining resources and creating friction between state and federal agencies.

Reporting Requirement, But No Oversight

The Attorney General has to report to the Senate and House Judiciary Committees within three years about prosecutions under this Act (SEC. 3). While this provides some data, it doesn't address the fundamental concerns about mandatory minimums, potential for abuse, and the expansion of federal power.

Bottom Line

While protecting law enforcement is vital, this bill raises serious questions. The mandatory minimums could lead to disproportionate sentences, the broad definition of "act against" is ripe for abuse, and the expansion of federal jurisdiction could undermine state authority. The lack of clear definitions and the potential for chilling effects on legitimate protest are major red flags.