Bills
| 3.23.22

Should Deliberate Attacks Against Police Officers be Prosecuted as Hate Crimes? (H.R. 4760)

Do you support or oppose this bill?

What is H.R. 4760?

(Updated August 27, 2020)

This bill would make it a hate crime to cause or attempt to cause bodily harm to a police officer because of their actual or perceived status as a law enforcement officer. The crime would be punishable by for up to 10 years imprisonment. However, in cases involving the actual or attempted murder, kidnapping, or aggravated sexual abuse of an officer the perpetrator could face a life sentence.

No offenses could be prosecuted as a hate crime against a police officer unless the Attorney General certifies in writing that:

  • The state doesn’t have jurisdiction;

  • The state has requested that the federal government assume jurisdiction;

  • The verdict or sentence obtained from state-level charges left unvindicated the federal interest in eliminating bias-motivated violence;

  • A prosecution by the U.S. is in the public interest and necessary to secure justice.

Nothing in this legislation would prevent or limit the authority of federal officers or grand juries to investigate possible hate crimes against police officers.

A seven-year statute of limitations for offenses against officers that didn’t result in death would be put in place by this legislation, although there would be no statute of limitations for crimes leading to the death of an officer.

Argument in favor

Police officers put their lives on the line every day to ensure public safety in the communities they serve. The least that Congress can do is use federal hate crime laws to deter and punish those who wish to harm law enforcement officers simply because of their profession.

Argument opposed

Crime is crime, and the federal government should treat all crimes in the same manner without classifying certain offenses as “hate crimes” because of the victim’s characteristics. Police officers provide a vital service, but attacks against them shouldn’t be considered hate crimes.

Impact

Police officers who would be targeted as the victims of a hate crime; perpetrators of crimes against police officers; and federal prosecutors.

Cost of H.R. 4760

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Rep. Ken Buck (R-CO) introduced this bill to protect police officers from being the targets of violent attacks simply because of their profession:

“Despite the risk, our law enforcement officers put on their uniform every day so that they can serve our communities. Whether based on skin color or uniform color, a crime motivated by hate is not going to be tolerated in America. By adding law enforcement to the federal hate crime statute, we can protect those who protect us.”

A total of five House Republicans have signed on to this legislation as cosponsors.


Of Note: According to the National Law Enforcement Officers Memorial Fund, there have been have been 29 police officers killed so far in 2016 and 15 of those were firearms-related — a 114 percent increase over 2015.

On July 7, 2016 at a Dallas protest over the killings of Alton Sterling and Philando Castile by police officers, at least 12 officers were shot by snipers. Five officers were killed in what is being called the deadliest attack against police officers since 9/11. Three suspects are in custody, and a fourth was killed in a standoff with police.


Media:

Summary by Eric Revell
(Photo Credit: Flickr user MTAPhotos)