PolicyBrief
S. 1771
119th CongressMay 14th 2025
Larry Henderson Act
IN COMMITTEE

The Larry Henderson Act establishes a mandatory minimum 20-year prison sentence for assaulting federal officers or employees while they are performing their official duties, superseding any conflicting state laws.

Bernie Moreno
R

Bernie Moreno

Senator

OH

LEGISLATION

Federal Bill Mandates 20-Year Minimum Prison Sentence for Assaulting a Federal Officer

The “Larry Henderson Act” is a short, sharp piece of legislation focused entirely on ramping up the penalties for assaulting federal officers or employees while they are on the clock. It doesn't mess around with nuances; it goes straight to the point: if you assault a federal worker performing their official duties, you are now facing a mandatory minimum prison sentence of 20 years, plus whatever fine the court decides (Sec. 2). This replaces the existing, more flexible sentencing guidelines under Section 111 of title 18, U.S. Code.

The New Federal Hammer: 20 Years, No Exceptions

What this bill does is remove judicial discretion entirely for this specific crime. Think about it: a mandatory minimum means a judge cannot consider the specifics of the case—whether the assault was a minor push, a serious injury, or something in between—when deciding the sentence. If a person is convicted, the judge must hand down at least 20 years. For everyday people, this means the penalty for a moment of poor judgment or a severe, planned attack is now the same, which is a significant shift in how these cases are handled. The only potential benefit is that the federal government is clearly signaling zero tolerance, which may deter some acts of violence against the people who keep the national parks running, deliver the mail, or investigate federal crimes.

Federal Law Takes the Wheel, States Ride Shotgun

Section 2 also includes a crucial provision that asserts federal supremacy. It states that this new federal mandatory minimum penalty overrides any similar state laws that might exist regarding the assault of federal agents on duty. This is a big deal for state judicial systems. If an assault happens—say, on a DEA agent in a state that typically has lower penalties for assault—the federal standard of 20 years takes precedence. This expands federal authority and centralizes the power to punish these specific acts, effectively telling state courts they can’t offer a lighter sentence even if their own laws would allow it. It’s the federal government drawing a hard line on who gets to set the rules when its employees are involved.

Real-World Impact on the Justice System

For those of us juggling work and family, the biggest takeaway is how this affects the concept of justice. Mandatory minimums are often criticized because they can lead to disproportionately harsh sentences. Imagine a scenario where a frustrated person shoves a federal employee during a heated argument, resulting in a minor injury. Under this bill, that person faces the same mandatory 20-year sentence as someone who ambushed and seriously injured an officer. This lack of proportionality is the primary concern, as it removes the judge’s ability to tailor the punishment to the crime and the offender. Finally, Section 4 clarifies that these tough new rules only apply to offenses that happen after the bill officially becomes law, so it won't be applied retroactively.