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Bill would make troop assault a federal crime


By Rick Maze - Staff writer
Posted : Tuesday Jul 21, 2009 20:26:18 EDT

The Senate voted Monday night to make it a federal crime to attack a U.S. service member, someone in their immediate family or their property.

By 92-0 vote, the Senate created new specific federal crimes for attacking U.S. service members or their families because of their status. This would put them in the same class of protected federal officials such as postal workers and federal law enforcement officials, said Sen. Jeff Sessions, R-Ala., the chief sponsor of the legislation.

“It makes it a crime to knowingly assault or batter a serviceman or immediate family member, or knowingly destroy or injure their property,” Sessions said.

It would apply to crimes against active and reserve service members, members of their immediate family and to veterans within five years of their separation from the military.

Session’s legislation was passed as an amendment to S 1390, the 2010 defense authorization bill.

Under the provision, simple assault or destruction of property valued at $500 or less, or an attempt to damage property of a service member or military family, would be a crime punishable by up to two years in prison and a fine of $500 to $10,000. Destruction of property valued at more than $500 would be a crime punishable by up to five years in prison and a fine of up to $100,000. Assault resulting in bodily injury would be punishable by a prison term of 16 months to 10 years and a fine of at least $2,500.

Service members covered by the Uniform Code of Military Justice could not be charged under the proposed law.

Sessions called his legislation the “soldiers’ amendment.” “We have had problems with assaults on our military officers. This will be a good step in correcting that situation,” Sessions said.

There is no similar provision in the House version of the defense bill, HR 2647, so the fate of the provision rests on negotiations between the House and Senate to create a final compromise version of the bill.

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