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Stiffer penalties sought for killers of first responders

KEITH ARNOLD
Special to the Legal News

Published: May 22, 2017

A substitute bill that clarifies a legislative effort to impose stiffer penalties on individuals who assault, kill or attempt to kill a first responder or member of the military continues to advance through the Criminal Justice Committee in the Ohio House of Representatives.

Committee members last week heard testimony in a fourth hearing of House Bill 38, which provides that purposely causing the death of a police officer, firefighter, EMT or military member is aggravated murder

Also, known as The Public Safety and Military Protection Act, the legislation is an effort to address what its House sponsor, Rep Dave Greenspan, R-Westlake, calls a prevalent challenge to public safety forces and military members.

"A few years ago I was attending a conference in Washington, D.C. ... during a very tumultuous time in our nation when attacks against public safety forces and members of our military were on the rise," Greenspan said during sponsor testimony. "A comment was made about enacting measures to provide stricter penalties for those who purposely seek to harm our brave men and women in uniform, all types of uniforms.

"We have seen horrific attacks across our nation and even here in Ohio."

The lawmaker was referencing Danville Police Officer Thomas Cottrell Jr., who was ambushed behind a municipal building in early 2016, and an incident late last year in which a Youngstown fire crew was fired upon when returning to the station after responding to a fire.

"And we have all seen media (coverage of) attacks against members of the military in Fort Hood, Texas and Chattanooga, Tenn., just to name a few," Greenspan continued.

Current law includes only state law enforcement officers, while HB 38 includes other public safety forces such as firefighters, EMTs and members of the military.

Additionally, the bill provides strong deterrents to individuals "who seek to harm those who see us at our worst, at our greatest times of need and toward those who protect our liberties and freedoms," the lawmaker said.

The current version of the bill also adds language clarifying that someone in the protected class must be specifically targeted for their class status in order for an enhanced penalty to take effect.

A military member, for the purposes of the bill, includes a member of the U.S. Armed Forces, reserves or Ohio National Guard, a participant in ROTC, JROTC or any similar military training program, or anyone who has previously served in the military.

"House Bill 38 intends to strengthen the imposed prison term protocol for offenders who plead guilty to or are found guilty of committing felonious assault against those defined by this bill when the offender 'knew or had reasonable cause to know the victims profession,' i.e., a premeditated attack," the lawmaker noted. "The proposed language says 'any prison term imposed for an offense under this division shall be served consecutively to any prison term imposed for one or more offenses committed at the same time, as part of a common scheme or plan, or as part of a course of criminal conduct connected to the felonious assault.'"

Fiscal analysis of HB 38 estimated the felonious assault enhancement would at most, result in an increase of several hundred thousand dollars, annually, starting roughly six years after the bill's effective date.

"As a result of the bill, there may be an extremely small increase in the number of offenders convicted of aggravated murder rather than murder, and serving an additional nine years in prison," the Ohio Legislative Service Commission noted. "The resulting fiscal effect on Department of Rehabilitation and Correction's annual incarceration costs will not be discernible until 21 years or more after the bill's effective date, if at all."

Greenspan said Ohio would become the leader among states in affording the most comprehensive protection to first responders and military members.

"Currently, Louisiana has passed a law that provides similar but fewer protections in that they only cover state first responders," he explained. "New York, Missouri and Kentucky currently have similar pending legislation as Louisiana.

"With the passage of (this bill) we will set the benchmark for other states to follow, and we will demonstrate that our state stands with and by those men and women who protect and serve our communities, our state and our nation."

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